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LV= Driving

Terms and conditions of use

LV= Driving App terms and conditions of use

Please read these terms of use carefully before you start to use our App. By clicking on the “I agree” button and using our App, you agree with our terms of use and you agree to abide by them. If you do not agree to these terms of use, please refrain from using our App.

1. INFORMATION ABOUT US

Liverpool Victoria Insurance Company Limited (LVIC), registered in England and Wales number 3232514 is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority, register number 202965. ("LV=", "we", "us", "our") . Wunelli Limited (“Wunelli”) will collect and process your information, including personal data, for us.

2. YOUR USE OF OUR APP

2.1. You may use our App only for lawful purposes. You agree to notify us immediately on becoming aware of any unauthorised or potentially unauthorized use of our App or your mobile device. We are not responsible for any loss that results from the unauthorised use of your mobile device, with or without your knowledge.

You may not use our App:

2.1.1. In any way that breaches any applicable local, national or international law or regulation.

2.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

2.1.3. for the purpose of harming or attempting to harm minors in any way.

2.1.4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in paragraph 6.

2.1.5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

2.1.6. To 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.

2.2. You also agree:

2.2.1. Not to reproduce, duplicate copy or re-sell any part of our App in contravention of the provisions of these terms of use.

2.2.2. Not to access without authority, interfere with, damage or disrupt:

2.2.2.1. Any part of our App;

2.2.2.2. Any equipment or network on which data collected via your use of our App is stored;

2.2.2.3. Any software used in the provision of our App; or

2.2.2.4. Any equipment or network or software owned or used by any third party.

2.2.3. To ensure that the mobile device is suitably secured within your vehicle.

2.2.3. To reduce the risk of unauthorised access to your information including your personal data on your mobile device by using a password lock on your mobile device. We will not be responsible for any compromise of information including personal data that is intercepted due to your use of an insecure mobile device.

2.2.4 To only use our App when you are the driver of the car.

2.2.5 To only use our App when it is legal and safe to do so and in accordance with all relevant traffic and highway laws, rules and codes. Always use your personal judgment and common sense over any instruction received through your use of our App.

2.2.6 To ensure that your settings are set to Wi-Fi and your mobile data has been switched off if you wish to reduce the amount of data our App uses from your own data allowance. We cannot be held responsible for any charges relating to your use of our App.

2.2.7 That the License granted to you for this App is limited to you alone and as such is a non-transferable license to use this App on an Android or IPhone device and as permitted by the Usage Rules set forth in the Google Play or Apple App Store Terms and Conditions (the "Usage Rules").

2.2.8 That you may not distribute or make this App available over a network where it could be used by multiple devices at the same time.

2.2.9 That you may not rent, lease, lend, sell, redistribute or sublicense this App. You may not copy decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of this App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with this App) ("Prohibited Acts").

2.2.10 That any attempt to do any one or more of the Prohibited Acts is a violation of the rights of LV=, Wunelli and its licensors. If you breach this restriction you may be subject to prosecution and a claim for damages.

2.3. We may not necessarily monitor any materials posted, transmitted or communicated to or via your use of App. If you believe that our App is in breach of these terms of use please contact us as set out later in these terms of use.

3. ACCESSING AND USING OUR APP

3.1. Access to our App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our App without notice. We will not be liable if for any reason our App is unavailable at any time or for any period or if at any time any functionality of our App is restricted or impaired.

3.2. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You must also let us know immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way.

3.3. You are responsible for making all arrangements necessary for you to have access to our App. You are also responsible for ensuring that all persons who access our App through your mobile device are aware of these terms, and that they agree to comply with them.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. We are the owner or the licensee of all intellectual property rights in our App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2. You must not use our App for commercial purposes without obtaining a license to do so from us or our licensors.

4.3. If you use our App in breach of these terms of use, your right to use our App will cease immediately.

5. RELIANCE ON INFORMATION

Commentary and other information provided to you via your use of our App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials and other information by any users of our App, or by anyone who may be informed of any of its contents.

6. CONTENT STANDARDS

6.1. These content standards apply to any and all material which you contribute to our App ("contributions") and to any interactive 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.

6.2. Contributions must:

6.2.1. be accurate (where they state facts);

6.2.2. be genuinely held (where they state opinions);

6.2.3. comply with applicable law in the UK and in any country from which they are posted.

6.3. Contributions must not:

6.3.1. contain any material which is defamatory of any person;

6.3.2. contain any material which is obscene, offensive, hateful or inflammatory;

6.3.3. promote sexually explicit material;

6.3.4. promote violence;

6.3.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

6.3.6. Infringe any copyright, database right or trade mark of any other person;

6.3.7. be likely to deceive any person;

6.3.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

6.3.9. promote any illegal activity;

6.3.10. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

6.3.11. be likely to harass, upset, embarrass, alarm or annoy any other person;

6.3.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

6.3.13. give the impression that they emanate from us, if this is not the case;

6.3.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

7. CHANGES TO OUR APP

We may change the functionality or content of our App at any time. If, at our discretion, the need arises, we may suspend access to our App, or close it indefinitely. Any of the material on our App may be out of date at any given time, and we are under no obligation to update such material.

8. OUR LIABILITY

8.1. The material displayed or made available to you via your use of our App is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law and subject to paragraph 8.2, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

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

8.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the use, inability to use, or results of the use of our App or any website(s) linked to it and any materials made available on our App, including, without limitation any liability for:

8.1.2.1. loss of income or revenue;

8.1.2.2. loss of business;

8.1.2.3. loss of profits or contracts;

8.1.2.4. loss of anticipated savings;

8.1.2.5. loss of data;

8.1.2.6. loss of goodwill;

8.1.2.7. wasted management or office time; and

8.1.2.8. for any other loss or damage of any kind, however arising 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.

8.2. Notwithstanding any other provision under these terms of use or otherwise our liability for

8.2.1. death or personal injury arising from our negligence

8.2.2. fraudulent misrepresentation or misrepresentation as to a fundamental matter; and

8.2.3. any other liability which cannot be excluded or limited under applicable law shall not be limited or excluded.

9. INFORMATION ABOUT YOU AND YOUR USE OF OUR APP

Your privacy is important to us. Wunelli and/or we, as appropriate, will process information about you in accordance with our privacy policy at LV.COM and/ or as described in these terms of use. By using our App, you warrant that all information, including personal data provided by you or on your behalf is accurate.

9.1 If you register for our App you will be required to provide the following information: Your name, email address, date of birth and a password.

9.2 By registering to use our App, posting material, reporting a problem or requesting further services you agree that you have voluntarily chosen to share this information with us.

9.3 If you register to use our App we will use your information, including personal data, to create a user profile. In this context we may combine the information you give us with other information from other sources collected or processed by or for us.

9.4 When you use our App it will record the direction you are heading, the date, time, latitude, longitude and speed and this information is collected and stored by us or by third parties on our behalf.

9.5 You agree that by using our App we can track your location and the speed at which you are travelling. By using our App you agree that you have voluntarily chosen to share this information with us.

9.6 We may invite you to complete surveys. You do not have to complete these surveys, however should you decide to do so you agree that you have voluntarily chosen to share this information with us.

9.7 Sometimes we record your phone number. We record your phone number when you send it to us or make a call or send a text message or SMS to or from LV= and/or Wunelli. If you ask us to remember your phone number, we will associate it with your account. When you register to use our App we will generate a user account based on your device and hardware so if you change your device or hardware, you may have to re-associate this new device or hardware with your account before you can continue to use the App.

9.8 We use a variety of security measures, including sophisticated encryption and authentication tools to maintain the safety of your personal information. You agree that we cannot guarantee the security of your information transmitted over the internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

9.9 We use your information, including personal data, to:

9.9.1 Provide you with a quotation and driver feedback and to perform our obligations resulting from the delivery of our products and/or services to you via our App and our Website, under any terms that may apply to your use of the same. We are entitled to contract third parties to fulfill our obligations. These third parties are obligated to protect your information. We are and will remain responsible for the use of your information, including your personal data.

9.9.2 Respond to your questions and to fulfill your requests; Manage interactive customer programs; allow you to participate in interactive features of our service, when you choose to do so; and as appropriate notify you about changes to our Website, App and our other services.

9.10 We may also process your sensitive personal data (as this is defined in the Data Protection Act 1998) for the purposes set out above. If we process your sensitive personal data for any other purposes, we will do so only as permitted by law.

9.11 We may also use your information, including your personal data, or permit selected partners to use your information, including your personal data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

9.12 We may also use your information, including your personal data, to conduct market research, for analysis purposes, to improve our products and/or services, to provide more responsive customer service and to improve our Website, App and our other products and services.

9.13 We may also use your information including your personal data (and that of any third party submitted by you on their behalf) for the purposes of providing your policy and related administration for offering renewal, pricing and for statistical purposes and crime prevention by LV= and/or Wunelli and otherwise as appropriate. If You give us information including personal data about another person, in doing so you confirm that they have given you permission to provide it to us and for us to be able to process their personal data and also that you have told them who we are and what we will use their data for, as set out in these terms of use.

9.14 Your information including your personal data may be transferred to any country, including countries outside the European Economic Area for any of these purposes and for systems administration. Where this happens, we will ensure that anyone to whom we pass your information including your personal data agrees to treat your information including your personal data with the same level of protection as if we were dealing with it.

9.15 You agree that we may collect and use technical data and related information, including but not limited to technical information about your smartphone device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates for the App. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. We share your personal information with insurers and claims teams for the purpose of providing your policy.

9.16 We may aggregate your personal data with other information we have collected or otherwise used in ways that do not identify you. Aggregated information is considered non-personal information. This non-personal information in aggregate form may be used by us or third parties to produce and analyse usage patterns and driving behaviour statistics, to improve the quality of our App, our products and/or services, to develop new services, for marketing or for other purposes that we may deem appropriate.

10. LINKS FROM OUR APP

Where our App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. SUSPENSION AND TERMINATION

11.1. We will determine, in our discretion, whether there has been a breach of these terms of use through your use of our App. When a breach of this policy has occurred, we may take such action as we deem appropriate.

11.2. Failure to comply with these terms of use constitutes a material breach of these terms of use and may result in our taking all or any of the following actions:

11.2.1. Immediate, temporary or permanent withdrawal of your right to use our App;

11.2.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our App;

11.2.3. Issue of a warning to you;

11.2.4. Legal 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;

11.2.5. Further legal action against you;

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

11.3. We exclude liability for actions taken in response to breaches of these terms of use. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

12. JURISDICTION AND APPLICABLE LAW

13.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to your use of our App although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

13.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14. TRADE MARKS

LV= and LV= Driving are registered trademarks of Liverpool Victoria Friendly Society.

15. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website or App.

16. YOUR CONCERNS

If you have any concerns about material which appears on our Website or App, please contact feedback@lv.com.

17. YOUR PERSONAL DATA RIGHTS

You have the right to ask us not to process your personal data for marketing purposes and, subject to the payment of a fee, to access certain personal data we hold about you subject to the provisions of the Data Protection Act 1998.