Terms of use

Updated: 22/02/2018

We prefer to treat our customers with TLC rather than subject them to endless T’s and C’s, so we’ll try and keep this short and sweet. Let’s get down to it.

§1 Why read this?

This document explains how you can use our websites (the “Sites”) and our mobile application (the “App”).

When we refer to ‘the Sites’, this means https://www.bymiles.co.uk and all associated web pages including our web dashboard at https://dashboard.bymiles.co.uk.

You should read this document carefully before using the Sites. By accessing the Sites or the App, you agree the terms of use in this document. If you do not accept these terms of use, you must not use the Sites or the App.

§2 Just so we’re clear

In this document “we”, “us”, “our” and “By Miles” all refer to By Miles Ltd. We are a company registered in England and Wales under company number 09498559 and our registered office is at Oriel House, 2-8 Oriel Road, Bootle, L20 7EP.

§3 Access to the Sites and the App

The information we provide to you is not an invitation or recommendation to buy any products or services. Before making any decisions, you should seek appropriate advice.

The Sites and the App are intended for use by United Kingdom residents only. Any services and information we provide to you will be subject to English law. You must not use the Sites or the App in countries where you are restricted or prohibited from doing so by local laws, regulations, codes or customs.

Access to the Sites or the App may be suspended, restricted or terminated at any time. That said, we’ll always do our best to make sure you don’t experience any interruptions.

We reserve the right to change, modify, substitute or remove without notice any information on the Sites or the App.

We can’t take responsibility for the contents of any other websites linked to or from the Sites. While we always do our best to point you towards sites that we think are useful, any links are not an endorsement or recommendation.

We do not give any warranty that use of the Sites or the App will not cause damage to any property. This includes, but is not limited to, the loss of data or a computer virus infection.

It’s a good idea to protect yourself with security or anti-virus software for any online activity.

We do not give any warranty that features of the App or the Sites(for example, “Find my car”, “Car Medic”, or “Journey Estimate”) are error free, will be available or are accurate. We reserve the right to change, add or remove features of the App or the Sites.

You must not use the Sites or the App in any way that causes, or is likely to cause, access to be interrupted or impaired. You are responsible for the electronic communications sent from your computer.

You must not access the Sites via automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies). You must not use, or cause others to use, any automated system or software to extract information from the Sites or App

§4 The App

Remember, you should never use the App while driving or in control of your vehicle.

Depending on the version of the App you have downloaded, the Terms and Conditions and Privacy Policies (“Platform Terms”) of Apple or Google will apply when you use the App. If there is any conflict between these Terms and the Platform Terms, these Terms will apply over and above the Platform Terms.

You must be at least 17 years of age to download the App.

We grant you a non-exclusive, non-transferable, revocable licence to use the App for your personal and non-commercial use. You must only use the App on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and these Terms.

Your agreement with your mobile network provider will also apply. You accept responsibility for any data usage or other third-party charges while using the App. If you are not the bill payer for the Device being used to access the App, we assume that you have received permission to use the App from the bill payer.

You need to make sure that anyone else using the App on your Device is aware of these Terms. All other rights are reserved by us and our licensors.

§5 User Account, Password and Security

You are responsible for preventing unauthorised access to your account. This means keeping your details and password secret, and also keeping an eye on anyone with access to your computer or mobile phone. We will assume that any person logging in to the Sites or App using your details or password is either you, or someone with your permission.

If you think that someone else knows your password or is using your account who shouldn’t be, you must change your password and inform us immediately.

You accept responsibility for all activities that occur under your account, including financial charges and legal liability.

We own the copyright of material contained in the Sites and the App, as well as the design, text and graphics, their selection and arrangement, all software compilations, and the underlying source code and software. All rights are reserved. Neither the Sites or the App may be copied, used or distributed for any commercial purpose whatsoever without our written permission.

You may display, retrieve, print, copy or download content of the Sites or App for your personal use only. You may not otherwise transfer, copy, distribute, upload, transmit, modify, publish or reproduce any content without written permission from us.

§7 Limitation of liability

We do our best to ensure the information provided through the Sites and App is correct and to fix any errors as quickly as possible. However, to the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of this information. This means that we can’t guarantee the Sites and the App will be fault free, and don’t accept liability for any errors or omissions.

Except where required by the law, we shall not be liable for any losses, damages, costs, claims, expenses or liabilities that arise if you use, rely on, or cannot access the Sites and the App.

While we always do our best to protect our users, we cannot guarantee that the Sites and App are free from viruses, or anything else which may have a harmful effect on any device.

§8 Product and services terms and conditions

None of the content on the Sites or the App constitutes an offer by us to sell products and services to you. If you request to buy one of our products or services, you are making an offer to us which we may accept or decline. This will depend on the terms and conditions of the product, and whether or not it is available to you. If we accept your offer, we will send you a confirmation of your purchase.

The information on the App and the Sites may not represent complete details of all the terms, conditions and exclusions. These details will be included within your policy documents and other related documents.

If you apply for any By Miles product, these Terms apply as well as any other terms and conditions relating to that product or service. If there is any conflict, the terms and conditions of the specific product will take precedence.

Prices and details of our products posted on the Sites and the App are subject to change without notice, and we cannot guarantee the availability of these products or services.

§9 Use of personal information

In using the Sites or the App you agree to be bound by our privacy policy, which forms part of these terms of use. Any personal information (including sensitive information) you provide through using the Service will be dealt with in accordance with our privacy policy.

§10 Termination

We may terminate your access to the Sites or the App at any time. All disclaimers, indemnities and exclusions set out in this document will continue after termination.

§11 General

If a term in this document is held to be unlawful, invalid or unenforceable, that term shall be deemed severed and won’t apply. The remaining terms shall not be affected, and will remain valid and enforceable.

We may modify these terms and conditions at any time. Any modifications will take effect on the date we publish them on the Sites and the App.

If you breach these terms we reserve the right to take action against you, even if we don’t do so immediately we are still entitled to enforce our rights in respect of that breach or any subsequent breach.

§12 Governing law and jurisdiction

The terms in this document are governed by the law of England and Wales and subject to the jurisdiction of the courts of England and Wales.

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