PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE LICENCE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "NO THANKS" BUTTON BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE APP OR SERVICE.
WHO WE ARE AND WHAT THESE TERMS DO We, Moove Lubricants Limited of Dering Way, Gravesend, Kent, DA12 2QX (Moove) licence you to use:
- Comma Oil Finder (Version 1) mobile application software, the data supplied with the software (App) and any updates or supplements to it; and
- The service you connect to via the App and the content we provide to you through it (Service),
YOUR PRIVACY
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy which can be found at http://www.commaoil.com/terms. It is important that you read this information.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
In addition to these terms and our privacy policy, the Service set out below will be governed by the following terms of use:
Service | Web address of terms of use | Web address of privacy policy |
---|---|---|
Professional Partner Programme features of the App | https://www.commaoil.com/terms | https://www.commaoil.com/privacy-policy |
ITUNES’ AND GOOGLE PLAY’S TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by iTunes’ rules and policies: http://www.apple.com/legal/internet-services/itunes/us/terms.html and Google Play's rules and policies https://play.google.com/intl/en_uk/about/play-terms.html.
OPERATING SYSTEM REQUIREMENTS
This App may be used on the iOS (Apple) and Android operating systems. The App requires an iPhone 5/5S or iPhone 6/6S/6+ or iPhone 7/7+ or Android 4.4 and above device with a minimum of 16GB of memory.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support: If you want to learn more about the App or the Service or have any problems using them please contact our customer service team at enquiries@uk.moovelub.com or call them on 01474 564 311.
Contacting us (including with complaints): If you think the App or the Service is faulty or mis-described or wish to contact us for any other reason, please email our customer service team at enquiries@uk.moovelub.com or call them on 01474 564 311.
How we will communicate with you: If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
If you are not willing to abide by these General Terms, do not use this App or the Service.s
HOW YOU MAY USE THE APP
In return for your agreeing to comply with these terms you may:
- Download or stream a copy of the App onto your device and view, use and display the App and the Service on such device for your personal or business use.
- Provided you comply with the Licence Restrictions (see “Licence Restrictions”), make one copy of the App for back-up purposes; and
- Receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS
You must be 18 or over to accept these terms and download the App. Moove Lubricants Limited does not seek through this App to gather personal information from persons under the age of 17.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the non-exclusive, non-transferrable, limited right to use the App and the Service as set out above (see "How you may use the App"). You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will notify you of any change when you next start the App but we also advise you to check our terms regularly.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.
The App will, insofar as possible, match the description of it provided to you when you downloaded it.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
YOUR ACCOUNT AND PASSWORD
If you choose or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@uk.moovelub.com
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
HOW WE MAY USE YOUR PERSONAL INFORMATION
All rights (including any intellectual property rights) in any data on the App or any part of the App which is provided by us, you, or any third party, will automatically be owned by us. All personal information gathered, is dealt with in accordance with our privacy policy which can be found at www.commaoil.com/terms.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
The App may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. By using the App, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on the App.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
LICENCE RESTRICTIONS
You agree that you will:
- except in the course of permitted sharing (see "How you may use the App") not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without Moove’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or Service.
ACCEPTABLE USE RESTRICTIONS
You must:
- not use the App or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Service;
- not use the App or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; and
- ensure any submission of material via the App by you is accurate and complete.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Service throughout the world belong to us and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If you are a consumer:
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
- Check that the App and the Service is suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the App store site) meet your requirements.
- We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
If you are a business:
- In no event shall we be liable to you or any third party, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any direct, indirect or consequential loss, including but not limited to loss of use, loss of profits or loss of business arising from or relating to these terms or your use or your inability to use the App or Service, including without limitation any damages caused by or resulting from mistakes, errors, omissions, interruptions, defects, viruses, delays in operation or transmission or any other failure of performance that relates to the App or the Service.
- Nothing in the above paragraphs shall limit or exclude our liability for fraud or any other liability which cannot be excluded or limited under law.
LIMITATIONS TO THE APP AND THE SERVICE
Although we will endeavour to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied that such information is accurate, complete or up to date.
Please note, any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
Our compatibility guarantee (http://www.commaoil.com/products/productguarantee) applies to Moove products.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS
We may end your rights to use the App and Service at any time by contacting you if you breach any of these terms.
If we end your rights to use the App and Service:
- You must stop all activities authorised by these terms, including your use of the App and the Service.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Service.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THESE TERMS ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
If you are a consumer:
- These terms are governed by English law and you can bring legal proceedings in respect of them in the English courts. If you live in Scotland you can bring legal proceedings in respect of them in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of them in either the Northern Irish or the English courts.
If you are a business:
- Any dispute or claim arising out of or in connection with these terms (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
HOW TO CONTACT US
If you have any questions or concerns about these terms for this App or its implementation you may contact us at:
Customer Services Department
Moove Lubricants Limited
Dering Way
Gravesend
Kent
DA12 2QX
Tel +44 (0)1474 564 311