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Road Angel - Subscription Terms

1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply Subscription Services or Subscription Services and an Extended Warranty to you (being a consumer).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Definitions used in these terms
The following words shall have the meanings set out below:
2.1 "Extended Warranty" the warranty on our standard terms in relation to your Road Angel Product where we will repair or provide you with a suitable substitute to your Road Angel Product. We will not be required to repair or replace your Road Angel Product where the damage is caused by wear and tear, any deliberate act by you or by external heat sources including the sun or a heater in a vehicle.
2.2 "Road Angel Product" means any of the Road Angel CLA, Road Angel NAV, Road Angel NRA, Road Angel Compact, Road Angel Plus, Road Angel PRO, Road Angel PROConn, Road Angel NAV6000, Road Angel NAV7000, Road Angel NAV9000, Road Angel Gem and any future Road Angel products which require Subscription Services.
2.3 "Services" means Subscription Services or Subscription Services and an Extended Warranty.
2.4 "Subscription Services" are:
2.4.1 Technical support in relation to the Road Angel Product during normal office hours (9 a.m. to 5 p.m. Monday to Friday excluding bank holidays);
2.4.2 live speed camera location data;
2.4.3 updates as to road speed data;
2.4.4 blackspot location data; and
2.4.5 average speed information.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Information about us and how to contact us
3.1 Who we are. We are Road Angel, part of Space Data Centres Limited, a company registered in England and Wales. Our company registration number is 09334541 and our registered office is at Db House, Rani Drive, Nottingham, NG5 1RF.
3.2 How to contact us. You can contact us on our website www.roadangelgroup.com.
3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. Our contract with you
4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, or when we accept it during a telephone call or when we accept it through our app at which point a contract will come into existence between you and us.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Services, because we are unable to provide services to you due to your Road Angel Product no longer being supported.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. Our Services
5.1 Our Services are the Subscription Services or the Subscription Services and Extended Warranty that we provide to you in relation to the Road Angel Product owned by you, which you have purchased from a third party.
5.2 If you opt for a "One Year Subscription" we will provide you with the Subscription Services for a period of 12 (twelve) months from the day on which we accept your order.
5.3 If you opt for a "Three Year Subscription" we will provide you with the Subscription Services for a period of 36 (thirty-six) months from the day on which we accept your order.
5.4 If you opt for a "Three Year Subscription and Extended Warranty" we will provide you with Subscription Services for a period of 36 (thirty-six) months from the day on which we accept your offer and an Extended Warranty for a period of 24 (twenty-four) months from the end of the 12 month warranty provided by either the manufacturer or reseller of the Road Angel Product.
5.5 Automatic Renewal Following the end of a One Year Subscription or a Three Year Subscription or a Three Year Subscription and Extended Warranty, we will continue to provide Subscription Services to you on the basis of a One Year Subscription upon an automatic renewal. To cancel the renewal you must send us notice in writing to terminate the agreement not more than 45 days and not less than 14 days before the end of the One Year Subscription or the Three Year Subscription or the Three Year Subscription and Extended Warranty. We will notify you of any change in the price of the Services in accordance with Clause 7.2.
5.6 Software and data licence. As part of the Services we grant to you an individual non-exclusive nontransferrable licence to use our software and data (including live speed camera location data, road speed and average speed data, blackspot location data and updates to the operating system of your Road Angel Product) on your Road Angel Product. We do not sell the software and data to you. We remain the owners of the software and data at all times. Following termination of this contract (however this happens) this licence will terminate and your Road Angel Product will revert to the factory standard software and data it was provided with.
6. Your rights to make changes
If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Our rights to make changes
7.1 Minor changes to the Services. We may change the Services:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and
7.1.2 to implement minor technical adjustments and improvements, for example to address a security threat.
7.2 More significant changes to the Services and these terms. In addition, as we informed you in the description of the Services on our website, we may make the following changes to these terms or the Services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect:
7.2.1 If we are unable to continue to provide Subscription Services or other support due to the age or type of Road Angel Product you possess.
7.2.2 If we need to increase the price of the Services.
7.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. The update of digital content may be provided through the active sim card in the Road Angel Product or you may be required to update the digital content by connecting your Road Angel product to a computer connected to the internet.
8. Providing the Services
8.1 When we will provide the Services. During the order process we will let you know when we will provide the Services to you. As the Services are provided as an on-going subscription, please see clause 5.5 for details of automatic renewal.
8.2 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
8.3 We are not responsible if we cannot provide Services to you due to your Road Angel Product either not receiving signal to its sim card or if it is unable to receive GPS signals.
8.4 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
8.4.1 deal with technical problems or make minor technical changes;
8.4.2 update the Services to reflect changes in relevant laws and regulatory requirements;
8.4.3 make changes to the Services as requested by you or notified by us to you (see clause 7).
8.5 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency or due to a factor outside of our control.
8.6 We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you a late payment fee and if necessary a reconnection fee (see clause 13.4).
8.7 Delivery costs. If you need to return your Road Angel Product to us for repair/service or inspection then you will be responsible for the costs of delivery to us and the costs of delivery to return the Road Angel Product to you, which we will advise you of in advance.
9. Your rights to end the contract
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract:
9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Services re-performed or to get some or all of your money back), see clause 12; 9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.3 If you have just changed your mind about the Services, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of Services provided;
9.1.4 In all other cases (if we are not at fault and you are not exercising your right to change your mind), see clause 9.4.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 9.2.1 to 9.2.3 below the contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:
9.2.1 we have told you about an upcoming change to the Services or these terms (see clause 7.2);
9.2.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
9.2.3 there is a risk that supply of the Services may be significantly delayed because of events outside our control.
9.3 How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day we confirm we accept your order. However if you have had the Services provided to you during this period, you agree to continue with the Services.
9.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will charge reasonable compensation for the costs we will incur as a result of your ending the contract being not more than 50% of the payments which remain unpaid from the date of termination to the end of the period we are to provide Subscription Services and/or an Extended Warranty, and not less than 35 plus VAT.
9.5 If you want to end the contact with us:
9.5.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us on our website at www.roadangelgroup.com, you must ensure that we receive your request to cancel and you must retain a copy of your cancellation request.
9.5.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Services by the method you used for payment. However, we may make deductions from the price, as described below.
9.5.3 When your refund will be made. We will make any refunds due to you as soon as possible.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for Services at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, the details of your Road Angel Product.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract, being the payments which remain unpaid from the date of termination to the end of the period we are to provide Subscription Services and/or an Extended Warranty, see clause 9.4.
10.3 We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 1 (one) months in advance of our stopping the supply of the Services and will refund percentage sums you have paid in advance for Services which will not be provided.
11. If there is a problem with the Services
How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can contact our customer service team via our website at www.roadangelgroup.com, all of our contact information will be listed there.
12. Your rights in respect of defective Services
If you are a consumer we are under a legal duty to supply Services that are in conformity with this contract and their description, the Services must be fit for purpose and of satisfactory quality. Nothing in these terms will affect your legal rights.
13. Price and payment
13.1 Where to find the price for the Services. The price of the Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Services advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the Services you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
13.3 When you must pay and how you must pay. We accept payment by direct debit, credit and debit cards and any other method provided for on our Website. When you must pay depends on which option you choose when you order, this information is displayed on our website and will be advised at the time of you placing your order.
13.4 We can charge you if you pay late. If you do not make any payment to this and the outstanding amount by the due date we may charge you a missed payment fee of 20 and payment must be made within 14 days of the due date. If you do not pay following within 14 days of the due date we reserve the right to stop all Services, then we may charge you a reconnection fee of 50 in addition to any other payments which are outstanding for Services already performed.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1 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 this contract 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 the contract was made, both we and you knew it might happen. This does not include any liability for your actions, please see clause 14.2 and 14.3 below.
14.2 We cannot be held responsible for any loss or damage suffered by your actions when you break any UK laws and/or EU laws or the laws of the country in which you use the Services.
14.3 We are not liable for your actions. You must obey all applicable laws and rules of the road including all applicable speed limits. Due to the way data is provided to us the road speed shown using the Services might be out of date by up to six months and we cannot guarantee that the correct speed limit is show, you should use your own care, skill and judgement when driving, paying attention to all road signs and legally enforceable speed limits in force at the time.
14.4 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.
14.5 We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
15.1 How we will use your personal information. We will use the personal information you provide to us:
15.1.1 to supply the Services to you;
15.1.2 to process your payment for the Services; and
15.1.3 if you agreed to this during the order process, to give you information about similar Services that we provide, but you may stop receiving this at any time by contacting us.
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
16. Other important terms
16.1 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.
16.2 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 to this in writing. We may not agree if unless the other person enters into an agreement with us.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract 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.
16.5 Even if we delay in enforcing this contract, 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 this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.