Welcome to the Motocaddy Ltd., (Motocaddy) mobile app (App). This app has certain Terms that you must follow while using it (Terms). Please read these Terms carefully prior to using the app. All instances of Motocaddy, we, our or us, refer to Motocaddy Ltd., headquartered Units 15 to 18 Stansted Distribution Centre Start Hill Great Hallingbury Hertfordshire CM22 7DG United Kingdom. Unless explicitly stated otherwise, these Terms apply to all apps maintained by Motocaddy.
Motocaddy and you (the Bound Parties) acknowledge that this agreement to use the App (the License) is entered into by and between the Bound Parties, and that neither Apple, Inc. (Apple) nor Google, Inc. (Google) are subject to these Terms; however, as third-party beneficiaries, Apple and Google each shall have rights to uphold and enforce these Terms. Neither Apple nor Google are responsible in any way for the App, nor are they responsible for any content contained therein. Motocaddy is solely responsible for maintaining and providing updates for the App, in addition to any and all end-user support. To the extent permissible by law, neither Apple nor Google shall have any obligations as it pertains to any warranties associated with the App. Neither Apple nor Google shall bear any responsibility or liability for any costs or claims arising from any claims, losses, liabilities, damages, costs, or expenses that may arise from any failure of the App or any costs arising from any claims of infringement from third-party intellectual property rights. The Bound Parties both acknowledge that should any third-party claim that the App or your use thereof, infringes that third-party’s intellectual property rights, Motocaddy, not Apple or Google, shall be solely responsible for investigating, defending, settling, and discharging any and all such intellectual property infringement claims. You represent and warrant that (1) you are not located within any country or territory that is subject to any U.S. Government embargo, nor any country or territory that is designated by the U.S. Government as a terrorist-supporting country; and (2) you are not listed on any U.S. Government database of prohibited or restricted parties. By installing and using the App, you hereby agree to abide by the Terms of Services set forth by Apple iTunes, viewable at http://apple.com/legal/internet-services/terms/site.html and Google Play, viewable at https://play.google.com/intl/en_us/about/play-terms.html
Use of the App
- You shall bear sole responsible for providing the mobile device, in addition to any equipment and services necessary to download, install, and use the App. Motocaddy does not guarantee that the App will be accessible on any specific device, nor through any specific internet connection or service plan. Motocaddy does not offer any guarantee, nor any warranty that the App will be available from any specific geographic location nor through any specific Vendor (defined below). Motocaddy may send communications including, but not limited to: push notifications, local client notifications, text messages, picture messages, alerts, emails, or any other type of message sent to you through the App. You shall bear sole responsibility for any and all fees that may be charged by your third-party wireless service provider for any data, text messaging, or any other wireless messages generated by the App, in addition to any fees that may be related to downloading or using the App. If you wish to opt out of receiving Push Notifications from the App, you may do so through the settings option within the app or on your mobile device (this may exclude infrequent but important service announcements or administrative messages). Please contact your service provider to obtain more information regarding fees as they pertain to Push Messages.
- In addition, the App utilizes the geo-location functionality of your mobile device in order to track your exact location. By using the App, you hereby grant permission for Motocaddy to access the GPS functionality of your device in order to locate you. For the reason that the App uses an automated function to access and track your location, Motocaddy may determine your exact location any time that the App is open on your mobile device. IT IS RECOMMENDED THEREFORE THAT YOU SHOULD CLOSE THE APP WHEN YOU ARE NOT USING IT. Motocaddy does not make any claim nor representation that it will keep any records of your location, and Motocaddy shall bear no responsibility nor liability to you, to any other person, or to any other third-party for any loss, damage, or destruction to any location information. MOTOCADDY SHALL BEAR NO RESPONSIBILITY FOR THE STORING OF ANY LOCATION INFORMATION, FOR THE DISCLOSURE OF ANY LOCATION INFORMATION, FOR THE DELETION OF ANY LOCATION INFORMATION, OR FOR THE FAILURE TO STORE ANY LOCATION INFORMATION.
- These terms shall not be interpreted in a manner to create any ventures, partnerships, employment, or agency relationships between Motocaddy and any business or third-party that takes part in the App. Motocaddy shall not bear any responsibility nor liability for any sales, services, transportation, or delivery services provided by third-parties. If using the App is restricted by your locality of residence due to your age you agree that you shall not use the App. By using the App, you expressly acknowledge and warrant that you are a minimum of 13 years of age.
You hereby acknowledge that Motocaddy may establish general guidelines, practices, and limitations in regards to your use of the App or DistancePro device. You agree that Motocaddy shall bear no responsibility nor any liability for any failure of the App or any deletion of other content maintained or transmitted by the App. Motocaddy reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the App (or any part thereof) with or without notice. You also agree that Motocaddy shall bear no responsibility nor liability to you or to any third-party for any modifications to, suspension of, or discontinuance of the App. Furthermore, you acknowledge that Motocaddy reserves the right to change any general practices, guidelines and limitations at any time, at our sole discretion, with or without notice.
In consideration of your use of the App, you hereby agree that you are subject to certain obligations. For any personal information that you submit to us through the App, you agree that such information is true, accurate, current, and complete as prompted, and you also agree that you will not use the App for any unlawful purposes or for any purpose that is prohibited by these Terms. Should you provide any information that is untrue, inaccurate, incomplete, or not current, or if Motocaddy has reasonable grounds to suspect that any information provided by you is untrue, inaccurate, incomplete, or not current, Motocaddy shall have the right to refuse any and all current or future use of the App (or any portion thereof).
You hereby agree to indemnify, defend, and hold Motocaddy and its affiliates, in addition to Motocaddy’s and its affiliates’ respective directors, officers, employees, agents, and any other partners harmless from and against any and all claims or demands, including reasonable attorneys’ fees, made by any third-party due to or arising from your use of the App, your connection to the App, your violation of these Terms, or your infringement against any intellectual property or any other rights of any other person or entity. Motocaddy shall bear no responsibility nor liability for any damages resulting from your use of the App.
Changes To The App
Motocaddy reserves the right to revise these Terms at any time by updating this posting. The Terms were last updated on December 8th, 2016. Your continued use of this App following the posting of changes to these Terms will mean you accept those changes and that they apply to you.
Use Of App Content
Motocaddy maintains this App and its contents for your personal information. You may view and download material displayed on the App for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of this App for public or commercial purposes, without Motocaddy’s prior written permission. You may not alter or interfere with the content or functioning of the App, or mirror any content contained on this App on any other server. The materials at this App are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Terms, your right to use this App will terminate automatically.
Communicating With Us
Motocaddy welcomes your comments. However, please do not send us any creative ideas, original materials, or suggestions relating to products or marketing plans. Any communication or material you transmit to Motocaddy, or post from the App by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary, and may be disseminated or used by Motocaddy for any purpose including, but not limited to, developing, manufacturing or marketing products. Anything you transmit or post may be used by Motocaddy for any purpose, including but not limited to product solicitations, reproduction, disclosure, transmission, publication, and broadcast. You may not post or transmit to or from the App any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Disclaimer Of Warranty
Motocaddy does not warrant or represent that the content on the App is accurate, or that the App’s operation will be error-free or uninterrupted, or that it will be free of viruses or other harmful components. You use the App at your own risk. Motocaddy does not represent or warrant that your use of materials displayed on this App will not infringe rights of third parties. Information published at this App may refer to products, programs or services that are not available in your country. Without limiting the foregoing, the App is provided AS IS and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation Of Liability
Neither Motocaddy nor any third party involved in creating or delivering the App will be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the App, even if we have been advised of the possibility of such damages.
The copyright in all content provided on this App is held by Motocaddy. Except as provided in these Terms, such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Motocaddy . If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this App, please notify us immediately.
The trademarks, service marks and logos (Trademarks) used and displayed on this App are registered or common law trademarks of Motocaddy and others. Nothing on this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the App, without the written permission of the trademark owner. Motocaddy aggressively enforces its intellectual property rights to the fullest extent of the law.
Motocaddy controls and operates this App from its headquarters in the United Kingdom and makes no representation that these materials are appropriate for use in other locations. If you use this App from other locations you are responsible for compliance with applicable local laws. You may not use or export or re-export the materials at this App or any copy or adaptation in violation of any applicable laws or regulations without limitation.
These Terms and your use of the App will be governed by the laws of the United Kingdom. Any dispute arising out of these Terms or your use of the App will be heard only in located in the United Kingdom, and you hereby consent and submit to the personal jurisdiction of such courts.
Interpretation: If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms (and the links contained herein) state the entire agreement between the parties relating to use of the App. The Terms may not be amended except as provided above.