Terms and conditions Google
By continuing to use this App you agree to the following terms and conditions
This end-user licence agreement ("EULA") contains the terms which govern the use of the RAC mobile application software, the data supplied with the software and the associated media ("App"). It is a legal agreement between you, the person who has downloaded or is using the App, and RAC Motoring Services of RAC House, Brockhurst Crescent, Walsall WS5 4AW ("RAC", "us" or "we").
If you do not agree to the terms of this EULA, including the limitations on liability in Condition 8, you must not use the App and should uninstall it from your device.
For your safety you must not use the App in a way that interferes with your control of your vehicle, or otherwise endangers your safety or the safety of others. The App and services are not designed, intended or manufactured for high risk activities, including the operation of emergency services, air traffic control, reliance on the positional accuracy of the App for precise or emergency navigation, or where the use or failure of the services could lead to death, personal injury or environmental damage.
Licence
We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any Appstore provider or operator from whose site, located at play.google.com/Store ("Appstore"), you downloaded the App ("Appstore Rules"). We do not sell the App to you and remain the owners of the App at all times.
You acknowledge that this EULA is an agreement between you and RAC only, and not with Google. RAC, not Google, is solely responsible for the App and its content. Google has no obligation whatsoever to furnish any maintenance and support services with respect to this App.
Operating System Requirements
This app requires a smartphone operating on the latest Android version or a maximum of 2 versions below. Several functions require internet access to operate.
Operative Provisions
1. ACKNOWLEDGEMENTS
1.1. The terms of this EULA apply to the App or any of the services accessible through the App ("Services"), including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply (see condition 1.8 below). If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2. We may change these terms at any time. If we change these terms, we will bring material changes to your attention via the App.
1.3. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App which may be subject to new terms.
1.4. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2 ("Devices") and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
1.6. You must not use the App in a way that interferes with your control of your vehicle, or otherwise endangers your safety or the safety of others. You should always use your mobile phone safely and park legally before using the app
1.7. When you use certain services, including Route & Traffic, News, Rescue Me and other location-based and road traffic-based products and services, you may find that actual conditions differ from the map results and content, so you should exercise your independent judgment and use those services at your own risk. No representation is made or guarantee given as to the content or usability of the directions. RAC and its suppliers assume no responsibility for any loss or delay resulting from use of any such directions.
1.8. Breakdown services provided through or using the App, including Rescue Me will be governed by the terms and conditions of your breakdown cover.
1.9. You will need to be an RAC member to use certain features of and services provided through this App.
1.10. By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Any information you submit via the App may be stored on your Device in unencrypted form, and the onus is on you to password protect access to your Device to ensure information stored on it remains secure.
1.11. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.12 Certain Services, including Route & Traffic, News, Rescue Me and other location-based and road traffic-based products and services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, 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 withdraw this consent at any time by turning off the location services settings for the App on your Device but please note that by doing so some features of the App will not work.
1.13. The App or any Service may contain links to other independent third-party websites or applications ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.14. The fuel prices displayed on the App are supplied by Experian Catalist. This information regarding the UK's average fuel prices is based on the most recent data available together with a prediction on any likely change in the coming weeks. This data is provided for information only, and is not guaranteed to be accurate on the day of publication. Neither RAC nor Experian will be liable for any loss suffered as a result of reliance on this data for any purposes.
1.15. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. GRANT AND SCOPE OF LICENCE
2.1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
2.2. You may download a copy of the App onto one or more Device and view, use and display the App on the Devices for your personal purposes only.
3. LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
3.1.1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.1.2. not to rent, lease, sub-licence, loan, sell, transfer, re-distribute, translate, merge, adapt, vary or modify the App;
3.1.3. not to attempt to derive income from the use of the App, whether for direct commercial or monetary gain or otherwise;
3.1.4. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.1.5. not to disassemble, decompile, reverse-engineer, attempt to derive the source code of or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
3.1.5.1. is used only for the purpose of achieving inter-operability of the App with another software program;
3.1.5.2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
3.1.5.3. is not used to create any software that is substantially similar to the App;
3.1.6. not to use any of the content displayed within the App, including all news, articles and data provided by our third party suppliers, other than to benefit from the functionality provided by the App;
3.1.7. to include our and (if applicable) Google's copyright notice on all entire and partial copies you make of the App on any medium;
3.1.8. not to provide or otherwise make available the App or its content in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.9. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service ("Technology"), together "Licence Restrictions".
4. ACCEPTABLE USE RESTRICTIONS
4.1. You must:
4.1.1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
4.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
4.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
4.1.4. not to threaten, violate or encourage the violation of the legal rights of others;
4.1.5. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
4.1.6. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
4.1.7. not pre-fetch, retrieve, cache, index or store any Google content except where required to improve the performance of the App. together "Acceptable Use Restrictions".
4.2. Some of the data and services made available in this App are provided by third parties. To benefit from these services you will be required to comply with the following terms of use:
4.2.1. The following terms of use from Google:
4.2.1.1. the Google Maps / Google Earth Additional Terms of Service: Tap to View;
4.2.1.2. the Google Maps / Google Earth Legal Notices: Tap to View; and
4.2.1.3. the Service's Acceptable Use Policy at Tap to View.
4.2.2. The following terms of use of Integrated Transport Information Services Limited ("ITIS") in respect of planned roadworks, current accidents and planned events ("ITIS Data"):
4.2.2.1. You shall only use the traffic information for your personal non-commercial use;
4.2.2.2. Although reasonable endeavours have been used to ensure that the ITIS Data provided is timely and accurate, RAC and ITIS do not accept liability arising from inaccuracies, delays in transmission of information or omissions;
4.2.2.3. The copyright in the content of all ITIS Data provided to you belongs to ITIS Holdings Limited and all rights are reserved;
4.2.2.4. no material from the ITIS Data may be recorded, stored in a retrieval system, reproduced or transmitted in any form or by any means;
4.2.2.5. RAC and ITIS accept no liability if you are unable to access or use the service due to the failure of any machine, system or transmission link, any period of essential maintenance, critical change, repairs, alteration to or failure of computer or communication systems, any industrial dispute or anything beyond our reasonable control or that of our agents or subcontractors;
4.2.2.6. the ITIS Data may be withdrawn at any time without prior notice and no liability shall be incurred by RAC and/or ITIS if the ITIS Data is withdrawn; and
4.2.2.7. All claims for any loss of profits, inconvenience, economic loss, loss of business and loss of goodwill (in all these cases whether direct or indirect) together with any claims for indirect or consequential loss or damage which relate to the use of the ITIS Data, including any traffic information provided to you by ITIS, are excluded to the fullest extent permitted by law.
4.2.3. Nothing in this EULA shall exclude liability for death or personal injury caused by negligence or fraud. Your statutory rights are not affected.
5. DATA PROTECTION
5.1.1. For the purpose of the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Act 2018 RAC Limited is the data controller of data collected from your use of this App. The RAC Data Protection Officer (“DPO”) acts as a point of contact if you have any questions or concerns and can be contacted on [email protected].
5.1.2. Here you can find an overview of the data we collect and how we use it, but for more information about how RAC use your personal information please see our privacy policy at www.rac.co.uk/privacy-policy.
5.2.1. Information you give us ("Submitted Information"): The App does not require you to provide us with any personal data. You may however give us information about you by corresponding with us (for example, by telephone when calling using the Rescue Me function). The information you give us may include your name, location and phone number and other relevant information to your break down situation. In the event that you are, or wish to become, an RAC member we will collect and hold data about you and your vehicle. Details about how we process this personal data will be set out in your applicable policy documentation.
5.2.2. Location information. The App uses GPS technology or other technology provided by Google Maps to determine the location of your Device. Some of the App's location-enabled Services require your Device to submit your location to Google Maps for the feature to work. If you wish to use the particular feature, you will need to turn on your location services setting which signify your consent to your data being used for this purpose. You can withdraw your consent at any time by turning off the location services settings for the App on your Device.
5.2.3. We also obtain some anonymised data from the App for analytical purposes and may use this information in the following ways:
5.2.4. to maintain and improve the App or the Services;
5.2.5. to ensure that content is presented in the most effective manner for you and for your Device; and
5.2.6. as part of our efforts to keep our App safe and secure.
5.2.7. Where you provide us with Submitted Information we will use this for the purpose you have provided it, which may include purchase of a new membership, performing services under an existing membership or dealing with requests or queries in respect of the App. We may disclose some or all this information to specially selected third party suppliers as required to help fulfil this purpose.
5.2.8. The App may also collect and store data relevant to you on your Device including your favourite or recent routes. This is stored locally on your device by using the default Android database.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
6.2. You shall not remove, obscure or alter RAC or Google's copyright notice, trade marks or other notices affixed to, contained within or accessed in conjunction with or by this App.
6.3. You acknowledge that you have no right to have access to the App in source-code form.
6.4. You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, RAC, not Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. CHARGES
7.1. We do not charge you for downloading the App, however your network charges will apply for data usage (where your Device is enabled for internet browsing and downloading) and the use of the breakdown call feature within the App.
7.2. Should you travel outside of the United Kingdom you should disable the App and we will not be liable for any roaming charges as a result of using the App abroad. It is not permitted to use the App in specific territories listed here.
7.3. 03 numbers are charged at national call rates and included in inclusive minute plans from landlines and mobiles. Calls may be monitored and/or recorded.
8. LIMITATION OF LIABILITY
8.1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
8.2. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3. In the event of any failure of the App to conform to any applicable warranty, to the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
8.4. You acknowledge that Google is not responsible for addressing any claims by you or any third party relating to this App or your possession and/or use of the App, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
8.5. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 8.7, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
8.6. If defective digital content which we have supplied damages a Device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable:
8.6.1. for any damage which you could have avoided by following our advice to apply an update offered to you free of charge;
8.6.2. for any damage caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us;
8.6.3. in the event that:
8.6.3.1. the defect relates to the security of any Device or its operating systems;
8.6.3.2. the defect or fault in the App results from you having altered or modified the App;
8.6.3.3. you are using a rooted or jailbroken Device;
8.6.3.4. the defect or fault in the App results from you having used the App in breach of the terms of this EULA; or
8.6.3.5. you breach any of the Licence Restrictions in condition 3 or the Acceptable Use restrictions in condition 4.
8.7. Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £3,000.00. This does not apply to the types of loss set out in condition 8.8.
8.8. Nothing in this EULA shall limit or exclude our liability for:
8.8.1. death or personal injury resulting from our negligence;
8.8.2. fraud or fraudulent misrepresentation; and
8.8.3. any other liability that cannot be excluded or limited by English law.
9. TERMINATION
9.1. We reserve the right to terminate this EULA and/or the provision of this App immediately if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
9.2. On termination for any reason:
9.2.1. all rights granted to you under this EULA shall cease;
9.2.2. you must immediately cease all activities authorised by this EULA, including your use of the App or any Services;
9.2.3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
10. COMMUNICATION BETWEEN US
10.1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by post to RAC Motoring Services at RAC House, Brockhurst Crescent, Walsall. WS5 4AW and [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail.
11. EVENTS OUTSIDE OUR CONTROL
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ("Event Outside Our Control").
11.2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
11.2.1. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
11.2.2. we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
12. OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
12.2 You acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
12.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.