Terms & Conditions

Introduction

The following terms of use apply to the use of the My Theory Test by James May application (the “App”). Our privacy policy separately sets out how we use data relating to you and it forms a part of these terms of use (“Terms”). These Terms were last updated on 12 May 2020.

1. About the app and these terms of use

1.1. The App allows users to practice for their theory driving theory test.

1.2. The App is owned and operated by Splink Industries Limited, a company registered in England and Wales under company number 12168133 and with our registered office at Pavilion 6 Coxwold Way, Belasis Hall Technology Park, Billingham, England, TS23 4EA (“Splink”, “we”, “us” or “our”)

1.3. These Terms apply to all use of the App and form a legal agreement between you and us.

1.4. You must be at least 16 years of age to create an account in the App. By creating an account using the App you understand and accept these Terms, and you agree to be bound by them.

1.5. We may make alterations to these Terms from time to time.

2. Operating system requirements

2.1. Before you purchase, install and use the App, please ensure that your device: (i) has sufficient memory to use and store the App and meets the system requirements specified by us in connection with the App; and (ii) has Internet access. Please also ensure that your device and Internet access meet the applicable operating requirements.

2.2. By using the App you confirm that you have the necessary device, hardware, software and Internet capability required to do so and that we shall have no liability in relation to any device, hardware, software or anything else required to make use of the App.

3. User accounts

3.1. You will need to register an account to use the App (“Account”), for which you will need to submit certain information and choose a username.

3.2. You warrant and undertake that all information supplied during Account registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to compensate us if we are subject to any claims, damages, expenses, costs and liabilities (including legal fees), as set out in clause 9.

3.3. You are obliged to ensure all information held about you by us is up to date and that you can amend your Account registration details at any time through the App.

3.4. The username chosen by and issued to you upon registration with us is personal to you and is for your use of and access to the App and shall not be disclosed to any third party.

3.5. You should not let anyone else access your Account or do anything else that might compromise the security of your Account.

3.6. You are solely responsible for maintaining the confidentiality of your password and username.

3.7. You are responsible for anything that happens through your Account, and you understand that you are solely liable for any and all use of your Account undertaken by use of your username and password whatsoever, whether or not such use was authorised by you.

3.8. We may remove or reclaim any usernames at any time and for any reason, including without limitation claims that a username violates a third party’s rights.

3.9. We may suspend or terminate your Account if we are notified of or reasonably suspect fraudulent, abusive or other unlawful activity whatsoever in relation to your Account or if you are otherwise in breach of these Terms.

4. Intellectual property rights

4.1. Splink or any applicable third party licensor reserves all their intellectual property rights in the App and any content available via the App.

4.2. Using the App does not give you any ownership in the App or the content or information made available through our App.

4.3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the App and any content available via the App belong to and vest in us, or are licensed to us.

4.4. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.

4.5. If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the App infringes your intellectual property rights or is any way unlawful and you wish us to remove it or suspend/disable access to it, please send a notice by email to support@jamesmaytheorytest.com with “Notice & Takedown” in the email subject line. In your email you must set out the following information:

4.5.1. Details of the content you claim is infringed, together with a description of where the material that you claim is infringing is located on the App (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
4.5.2. Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;
4.5.3. A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; that the information you supply in your notice is true.

5. Restrictions and obligations

5.1. You agree to comply with these Terms and all rules applicable to the use of the App.

5.2. You will not (other than to the extent permitted by law):

5.2.1. hack, modify, reverse engineer or create derivative works of the App or any part of it;
5.2.2. gain unauthorised access to any part of the App;
5.2.3. remove, modify or obscure any copyright, trade mark or other proprietary notices on the App;
5.2.4. create software which replicates or mimics the data or functionality in the App;
5.2.5. make any part of the App available to a third party who does not agree to these Terms;
5.2.6. copy or exploit any part of the App or the content it contains;
5.2.7. use the App or any part of it unfairly or for any illegal or immoral purpose; or
5.2.8. attempt to do any of the acts listed above.

6. Liability

6.1. We provide and maintain the App on an “as is” and “as available” basis and are liable only to provide our services with reasonable skill and care.

6.2. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the App links, or that other users of the App may link to via their public profile.

6.3. We give no other warranty in connection with the App and to the maximum extent permitted by law, we exclude liability for:

6.3.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware and including any losses you may incur as a result of any financial investment made by you as a result of your use of the App;
6.3.2. the accuracy, currency or validity of information and material contained within the App;
6.3.3. any interruptions to or delays in updating the App;
6.3.4. any incorrect or inaccurate information on the App;
6.3.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through use of the App;
6.3.6. the availability, quality, content or nature of External Sites;
6.3.7. any transaction taking place on External Sites;
6.3.8. any transaction with a third party retailer taking place on the App;
6.3.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the App or any part of it;
6.3.10. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.

6.4. We do not warrant that the operation of the App will be uninterrupted or error free.

6.5. We will not be liable in any amount for failure to perform any obligation under these Terms if that failure is caused by the occurrence of an event beyond our reasonable control.

6.6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

6.7. You must not use the App in any way which is:

6.7.1. unlawful;
6.7.2. may give rise to civil or criminal liability for us; or
6.7.3. which might call us into disrepute.

6.8. The App is provided as a tool to assist in your preparation for the theory driving test only and you acknowledge that your use of the App does not guarantee that you will pass the theory driving test. To the maximum extent permitted by law our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) in respect of your use of the App will not exceed the total amount of one hundred pounds (£100.00).

7. Indemnity

7.1. You agree to compensate us and keep us compensated from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the App or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.

8. App developer terms

8.1. The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the iOS version of the App (Apple iPad, iPhone etc.):

8.1.1. You acknowledge that these Terms are concluded between you and us only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that we are solely responsible for the App and the content thereof.
8.1.2. Subject to your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the App on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
8.1.3. We are solely responsible for providing support and maintenance for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
8.1.4. You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to:
8.1.4.1. product liability claims;
8.1.4.2. any claim that the App fails to confirm to any applicable legal or regulatory requirement; and
8.1.4.3. claims arising under consumer protection or similar legislation.
8.1.5. You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
8.1.6. You confirm that:
8.1.6.1. you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
8.1.6.2. you are not listed on any US Government list of prohibited or restricted parties.
8.1.7. You acknowledge and agree that Apple are third party beneficiaries of these Terms, and that when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
8.1.8. We use third party software and services provided in the App (explained above). Use of the App is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the App. More information about this can be found in our Privacy Policy.

9. Third party websites and content

9.1. Where we make available links to other websites or apps in the App, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.

9.2. The App includes information provided by third parties. We do not have control over the content of this information, and, subject to clause 6 we disclaim all liability in respect of the accuracy or completeness of that information.

10. Termination

10.1 These Terms take effect upon your download, installation and/or use of the App and remain effective until terminated by either of us. You may terminate these Terms at any time by removing all copies of the App from devices on which you have installed it. These Terms shall automatically terminate if you fail to comply with any term or condition of these Terms. Upon termination you shall cease all use of the App and delete all copies of the App. We may suspend or terminate your access to the App if you do not comply with these Terms, or if you don’t comply with our policies as notified to you from time to time.

10.2 We may temporarily discontinue the Website or App, at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.

10.3 Without prejudice to the other provisions in these Terms, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:

10.3.1 if your use of the App was provided to you free of charge, you will not be entitled to any compensation or any refund; and
10.3.2 if you paid for the App, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the App we may offer you a partial or full refund.

11. General

11.1. These Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.

11.2. These Terms constitute the entire agreement between you and us relating to your use of the App, to the exclusion of any other terms.

11.3. Failure to enforce any term does not constitute a waiver of that term.

11.4. If any part of these Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

11.5. The App is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the App complies with the laws of any other country.

11.6. These Terms are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

11.7. We will be entitled to assign and otherwise transfer the agreement under these Terms by giving you reasonable notice, which may include notice given via the App or via the email you have used to register for your Account. You may not assign, sub-licence, transfer or dispose of the rights licensed under these Terms.

11.8. All questions, comments or enquiries should be directed to us. We will try to respond to within 48 hours.