TERMS AND CONDITIONS OF USE

Regulation No. CRM34662
VAS System Limited is Regulated by the Claims Management Regulator in respect of regulated claims management activities.

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE OR DOWNLOADING OR USING THE APP FROM THIS WEBSITE.

This document sets outs the terms and conditions of use (Terms of Use) of the Vehicle Accident Simulator website (the “Website”) and mobile application software (the “App”) the data supplied with the software, and any associated media and documents (the “Documents”) (the Website, App and Documents are referred to collectively as the “Digital Media” throughout these Terms of Use). The Terms of Use include, in particular, the privacy policy and data protection provisions in conditions 15-22, limitations on liability in conditions 8-10 and Acceptable Use and Content Standards in conditions 4-6.

By downloading or using the Digital Media, you indicate that you have read and accepted these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, you are not licensed to use the Digital Media. In which case please refrain from using the Digital Media and you must stop any downloading process in relation to the App.

As a consumer you have the right to withdraw from your transaction without charge and without reason before downloading the App. However you will lose the right to cancel the transaction once you begin to download the App. This does not affect your consumer rights for if the App turns out to be defective.]

These Terms of Use are an agreement between you and VAS System Limited of The Power Station, Victoria Way, Southport, PR8 1RR.

We licence use of the Digital Media to you on the basis of these Terms of Use and subject to any rules or policies applied by any appstore provider or operator from whose site, you downloaded the App. We do not sell the Digital Media to you. We remain the owners of the Digital Media at all times.

Access to the Digital Media is permitted on a temporary basis, and we reserve the right to withdraw or amend the Digital Media and services we provide without notice. We will not be liable if for any reason any of the Digital Media are unavailable at any time or for any period.

Certain services may only be available to users aged 16 or over and certain services may be subject to other qualifying conditions set by the service provider to whom the service relates. The service providers reserve the right to prevent you from using the service if it believes you are under age or do not meet the qualifying conditions associated with that service.

Operating system requirements: This is a web based system which is cross browser capable. The minimum PC specification is published on the AskVAS web site. www.askvas.co.uk

IT IS AGREED THAT:

General

1.1These Terms of Use apply to the Digital Media or any of the services accessible through the Digital Media (Services), including any updates or supplements to the Digital Media or any Service, unless they come with separate terms, in which case those terms apply.

1.2We may change these terms at any time by sending you an email or text message with details of the change or notifying you of a change when you next use the Digital Media. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Digital Media and Services.

1.3From 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 Digital Media or Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.4You will be assumed to have obtained permission from the owners of the computer, laptop, notebook, tablet, mobile telephone or other handheld devices that are controlled, but not owned, by you and described in condition 1.11.1 (Devices) and to download or stream a copy of the Digital Media 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 these Terms of Use of the Digital Media or any Service on or in relation to any Device, whether or not it is owned by you.

1.5The terms of our privacy policy from time to time, available below (Privacy Policy) are incorporated into these Terms of Use by reference and apply to the Digital Media and the Services. Additionally, by using the Digital Media 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 Digital Media or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.6By using the Digital Media 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.

1.7Certain 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 Digital Media on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, 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.

1.8The Digital Media or any Service may contain links to other independent third-party websites (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.

1.9Any 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.

Grant And Scope Of Licence

1.10In consideration of you agreeing to abide by these Terms of use, we grant you a non-transferable, non-exclusive licence to use the Digital Media on the Devices, subject to these terms, the Privacy Policy and any appstore rules, incorporated into these Terms of Use by reference. We reserve all other rights.

1.11You may:

1.11.1download or stream a copy of the Digital Media onto any smartphone device and to view, use and display the Digital Media on the Devices for your personal purposes only; and

1.11.2use the Digital Media for your personal purposes only.

1.12We will use reasonable endeavours to make the Digital Media and Services available to you at all times, but cannot guarantee an uninterrupted or fault free service.

1.13We reserve the right to make changes to the Digital Media or any part of it from time to time including without limitation, upgrades, removal, modification and/or variation of any elements, features and functions of the Digital Media. We can do this without notice to you. We also reserve the right to introduce additional charges for the Digital Media and Services although you will be notified of any such charges in advance and will have the option to cease use of the Digital Media and Services if you do not agree to any such charges.

1.14You acknowledge that you will not be able to access and use the Digital Media and Services unless you have internet access through a GPRS, 3G, 4G or Wi-Fi connected Device. All traffic charges and access charges incurred due to the use of the Digital Media and Services are your responsibility and are subject to your agreed terms with your network provider.

Licence Restrictions

1.15Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

1.15.1not to copy the Digital Media except where such copying is incidental to normal use of the Digital Media, or where it is necessary for the purpose of back-up or operational security;

1.15.2not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Digital Media;

1.15.3not to make alterations to, or modifications of, the whole or any part of the Digital Media, or permit the Digital Media or any part of it to be combined with, or become incorporated in, any other programs;

1.15.4not to disassemble, decompile, reverse-engineer, attempt to derive the source code of, decrypt, modify or create derivative works based on the whole or any part of the Digital Media 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 Digital Media with another software program, and provided that the information obtained by you during such activities:

1.15.4.1is used only for the purpose of achieving inter-operability of the Digital Media with another software program;

1.15.4.2is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

1.15.4.3is not used to create any software that is substantially similar to the Digital Media;

1.15.5to keep all copies of the Digital Media secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Digital Media;

1.15.6to include our copyright notice on all entire and partial copies you make of the Digital Media on any medium;

1.15.7not to provide or otherwise make available the Digital Media in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

1.15.8to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Digital Media or any Service (Technology),

together Licence Restrictions.

Acceptable Use Restrictions

1.16You must:

1.16.1only use the Digital Media or any Services for lawful purposes;

1.16.2not use the Digital Media or any Service in any unlawful manner, for any unlawful purpose, in any way that breaches any applicable local, national or international law or regulation, or in any manner inconsistent with these Terms of Use, or act fraudulently, for example for the purposes of making a false claim, or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Digital Media, any Service or any operating system;

1.16.3not infringe our intellectual property rights or those of any third party in relation to your use of the Digital Media or any Service, including the submission of any material (to the extent that such use is not licensed by these Terms of Use);

1.16.4not send, transmit, knowingly receive, upload, download, use or re-use any material that is defamatory, offensive or otherwise objectionable or does not comply with our Content Standards (see below) in relation to your use of the Digital Media or any Service;

1.16.5not use the Digital Media or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

1.16.6not collect or harvest any information or data from any Digital Media or Service or our systems or attempt to decipher any transmissions to or from the servers running any Digital Media or Service;

1.16.7not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and

1.16.8not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

1.16.9not reproduce, duplicate, copy or re-sell any part of the Digital Media or Services in contravention of the provisions of these Terms of Use.

Content Standards

1.17These content standards apply to any and all material which you contribute to the Digital Media (“contributions”), and to any Services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

1.18Contributions must:

1.18.1Be accurate (where they state facts).

1.18.2Be genuinely held (where they state opinions).

1.18.3Comply with applicable law in the UK and in any country from which they are posted.

1.19Contributions must not:

1.19.1Contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory.

1.19.2Promote sexually explicit material, violence, any illegal activity, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

1.19.3Infringe any copyright, database right or trade mark of any other person nor be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence

1.19.4Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety, nor be likely to harass, upset, embarrass, alarm or annoy any other person.

1.19.5be likely to deceive any person, nor be used to impersonate any person, or to misrepresent your identity or affiliation with any person, nor give the impression that they emanate from us, if this is not the case.

Breach of Acceptable Use Restrictions and Content Standards

1.20We will determine, in our discretion, whether there has been a breach of the Acceptable Use Restrictions and Content Standards. When a breach of this policy has occurred, we may take such action as we deem appropriate.

1.21Failure to comply with the Acceptable Use Restrictions and Content Standards constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions:

1.21.1Immediate, temporary or permanent withdrawal of your right to use the Digital Media and/or Services.

1.21.2Immediate, temporary or permanent removal of any posting or material uploaded by you to the Digital Media.

1.21.3Issue of a warning to you.

1.21.4Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

1.21.5Further legal action against you.

1.21.6Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Intellectual Property Rights

1.22You acknowledge that all intellectual property rights in the Digital Media and the Technology anywhere in the world belong to us or our licensors, that rights in the Digital Media are licensed (not sold) to you, and that you have no rights in, or to, the Digital Media or the Technology other than the right to use each of them in accordance with these Terms of Use.

1.23You acknowledge that you have no right to have access to the Digital Media in source-code form.

Disclaimer Of Warranties

1.24You expressly agree that use of the Digital Media and the Service is at your sole risk and that the service and any content is provided on an "as is" and "as available" basis. The content with the Digital Media and Services is made available for you to select or disregard as you see fit, it does not constitute advice. Where the Digital Media contains opinions or recommendations, these are not endorsed by us and to the maximum extent permitted by law, we shall not be liable on account of the accuracy or otherwise of such opinions and recommendations. We shall have no liability to any party in relation to any connected services including without limitation, insurance, vehicle fleet management, vehicle hire, claims management, financial, legal and advisory services.

1.25The Digital Media is for information and entertainment purposes only. The Digital Media and content on the Digital Media is not intended to amount to advice on which reliance should be placed. To the extent permitted by law:

1.25.1We therefore disclaim all liability and responsibility arising from any reliance placed on such content by any user of the Digital Media or Services or by anyone who may be informed of its content.

1.25.2We make no warranties or representations about the accuracy or completeness of the content provided on or via the Digital Media or Service and we assume no liability or responsibility for any errors, omissions or inaccuracies of content or submissions.

1.25.3We are not responsible for any content or transaction that is contained or may be available outside the Digital Media or Service. We make no representations, warrantees, guarantees or any endorsements as to the quality, suitability, functionality or legality of any products, services or other offerings that may be advertised or made available by a third party through the service or which may be linked to the service such as in advertising or a submission. Accordingly, we will not be a party to or in any way be responsible for any transaction that may occur between you and such third parties and you should always use prudent judgment and read the policies and terms of such third parties.

Limitation Of Liability

1.26You acknowledge that the Digital Media 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 Digital Media as described in the Documents meet your requirements.

1.27We only supply the Digital Media and Documents for domestic and private use. You agree not to use the Digital Media and Documents 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.

1.28To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

1.28.1All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

1.28.2Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the App or in connection with the use, inability to use, or results of the use of the App, any websites linked to it and any materials posted on it, including:

1.28.2.1loss of income or revenue;

1.28.2.2loss of business;

1.28.2.3loss of profits or contracts;

1.28.2.4loss of anticipated savings;

1.28.2.5loss of data;

1.28.2.6loss of goodwill;

1.28.2.7wasted management or office time; and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

1.29In any event, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the limit specified in condition 1.29, 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 these Terms of Use were entered between us. Our maximum aggregate liability under or in connection with these Terms of Use (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a maximum of £500,000. This does not apply to the types of loss set out in condition 1.30.

1.30Nothing in these Terms of Use shall limit or exclude our liability for:

1.30.1death or personal injury resulting from our negligence;

1.30.2fraud or fraudulent misrepresentation; and

1.30.3any other liability that cannot be excluded or limited by English law.

Indemnity

1.31You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Digital Media or Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Service.

Termination

1.32We may terminate these Terms of Use immediately by written notice to you:

1.32.1if you commit a material, repudiatory or persistent breach of these Terms of Use which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

1.32.2if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

1.33On termination for any reason:

1.33.1all rights granted to you under these Terms of Use shall cease;

1.33.2you must immediately cease all activities authorised by these Terms of Use, including your use of any Digital Media or Services;

1.33.3you must immediately delete or remove the Digital Media from all Devices, and immediately destroy all copies of the Digital Media then in your possession, custody or control and certify to us that you have done so;

1.33.4we may remotely access the Devices and remove the Digital Media from all of them and cease providing you with access to the Digital Media, Services and the appstore.

Communication Between Us

1.34If you wish to contact us in writing, or if any condition in these Terms of Use requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to VAS System Ltd of The Power Station, Victoria Way, Southport, PR8 1RR and info@askvas.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.

1.35If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the Digital Media.

Events Outside Our Control

1.36We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ( Event Outside Our Control).

1.37If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Use:

1.37.1our obligations under these Terms of Use will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

1.37.2we will use our reasonable endeavours to find a solution by which our obligations under these Terms of Use may be performed despite the Event Outside Our Control.

Other Important Terms

1.38We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.

1.39You may only transfer your rights or obligations under these Terms of Use to another person if we agree in writing.

1.40If we fail to insist that you perform any of your obligations under these Terms of Use, 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.

1.41Each of the conditions of these Terms of Use 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.

1.42Please note that these Terms of Use, 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.

Privacy Policy

1.43We are committed to protecting and respecting your privacy. The Privacy Policy, as part of the Terms of Use, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is VAS System Limited of 109-111 Blackburn Street, Radcliffe, Manchester, United Kingdom M26 3WQ. Correspondence should be addressed to info@askvas.co.uk.

Information we may collect from you

1.44We may collect and process the following data about you:

1.44.1Information that you provide by filling in forms on the Digital Media. This includes any information provided at the time of accessing the Digital Media, using the Digital Media or Service, posting material or requesting further services. We may also ask you for information when you report a problem with the Digital Media.

1.44.2If you contact us, we may keep a record of that correspondence.

1.44.3We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

1.44.4Details of transactions you carry out through the Digital Media and of the fulfilment of your orders.

1.44.5Details of your visits to the Digital Media including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP Addresses And Cookies

1.45We may collect information about your Device, including where available your IP address, operating system and browser type for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

1.46For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored in the memory of the Device you have used to access our Digital Media. Cookies contain information that is transferred to the memory of the device you have used to access the Digital Media. They help us to improve the Digital Media and to deliver a better and more personalised service. They enable us:

1.46.1to estimate our audience size and usage pattern.

1.46.2to store information about your preferences, and so allow us to customise our Digital Media according to your individual interests.

1.46.3to speed up the services.

1.46.4to recognise you when you return to the Digital Media.

1.47By using the Digital Media you are consenting to our use of cookies and when you log on to the Digital Media our system will issue cookies that will be stored in the memory of your device. However, if you wish to refuse your consent you may activate a setting on your browser or Device to refuse the setting of cookies and may continue to use the Digital Media but, if you do so, you may be unable to access certain parts of the Digital Media that require the use of cookies. The details of how to block cookies will vary depending upon the browser that you are using. Please look at the help section of your browser if you have any trouble activating the setting to block cookies.

Where we store your data

1.48All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Digital Media or Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

1.49Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Digital Media; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

1.50We use information held about you in the following ways:

1.50.1to assist and enable us to provide our Digital Media and Services to you;

1.50.2To ensure that content from the Digital Media is presented in the most effective manner for you and for your computer.

1.50.3To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

1.50.4To carry out our obligations arising from these Terms of Use or from any contracts entered into between you and us.

1.50.5To allow you to participate in interactive features of our service, when you choose to do so.

1.50.6To notify you about changes to our Digital Media or Services;

1.50.7to contact you regarding publication of any of your data;

1.50.8to contact you by post, telephone or electronic means (fax, e-mail or SMS) for any of the above purposes;

1.50.9to provide such information to selected third parties and partners who may provide you with further information, products or services which such third parties and partners feel may be of interest to you, where you have consented to this.

1.51We may contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

1.52We (or where we permit selected third parties to use your data, they) may contact you by electronic means only if you have consented to this.

1.53If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please contact us at info@askvas.co.uk.

Disclosure of your information

1.54We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

1.55We may disclose your personal information to third parties:

1.55.1In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

1.55.2If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.

1.55.3If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the our rights, property, or safety or that of our customers, or others.

Your Rights

1.56You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@askvas.co.uk.

1.57The Digital Media or Services may, from time to time, contain links or references to and from the websites or services of our partner networks, advertisers and affiliates. If you follow a link to any of these websites or services, please note that these have their own policies and that we do not accept any responsibility or liability for these policies. Please check these policies before using such websites and services.

Access to information

1.58The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10.00 to meet our costs in providing you with details of the information we hold about you.

By pressing OK, you acknowledge that you have read and agree to the Terms of Use. You also consent to the processing, use and disclosure of your personal information in accordance with the Privacy Policy. You also confirm that you consent to us and third parties contacting you, by any contact means and details which you provide to us, with details of the goods, services and commercial offers of our business partners which are connected or related to the Digital Media and Services.

[OK]

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