TERMS OF WEBSITE USE
The following terms (together with the documents referred to therein) govern your use of this website www.1driver.co.uk and mobile applications (the “Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms of use and that you agree to abide by them. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy and Cookie Policy).
INFORMATION ABOUT THE OPERATOR
The Site is operated by UAB DrivingED ("DrivingED"). UAB DrivingED is registered in Lithuania under company number 302653177 and has its registered office at Subaciaus str. 12-8, Vilnius 01302, Lithuania. DrivingED’s VAT number is LT100006295419.
ACCESSING THE SITE
Access to the Site is permitted on a temporary basis, and DrivingED reserves the right to withdraw or amend the service DrivingED provides on the Site without notice (see below). DrivingED will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, DrivingED may restrict access to some parts of the Site, or the entire site, to users who have registered with DrivingED.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of DrivingED security procedures, you must treat such information as confidential, and you must not disclose it to any third party. DrivingED has the right to disable any user identification code or password, whether chosen by you or allocated by DrivingED, at any time, if in DrivingED’s opinion you have failed to comply with any of the provisions of these Terms of Use.
When using the Site, you must comply with the provisions of DrivingED’s acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
DrivingED is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Crown copyright material on the Site is reproduced under licence from the Driving Standards Agency, which does not accept any responsibility for the accuracy of the reproductions.
The Site is made available to you for the purposes of private study. You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from DrivingED or its licensors.
If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made.
DRIVINGED’S SITE CHANGES REGULARLY
DrivingED aims to update the Site regularly, and may change the content at any time. If the need arises, DrivingED may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and DrivingED is under no obligation to update such material.
DRIVINGED’S LIABILITY
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, DrivingED hereby expressly excludes:
• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill; and
• wasted management or office time,
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.
This does not affect DrivingED’s liability for any liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
DrivingED processes information about you in accordance with DrivingED’s privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods or services formed through the Site or as a result of visits made by you are governed by DrivingED terms and conditions of supply.
PLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in DrivingED’s acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify DrivingED for any breach of that warranty.
Any material you upload to the Site will be considered non-confidential and non-proprietary, and DrivingED have the right to use, copy, distribute and disclose to third parties any such material for any purpose. DrivingED also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. DrivingED will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
DrivingED has the right to remove any material or posting you make on the Site if, in DrivingED’s opinion, such material does not comply with the content standards set out in DrivingED’s Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act. DrivingED will report any such breach to the relevant law enforcement authorities and DrivingED will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
DrivingED will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO DRIVINGED’S SITE
You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage DrivingED’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on DrivingED’s part where none exists.
You must not establish a link from any website that is not owned by you.
DrivingED’s site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. DrivingED reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in DrivingED’s acceptable use policy .
If you wish to make any use of material on the Site other than that set out above, please address your request to [email protected].
LINKS FROM DRIVINGED’S SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. DrivingED has 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.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although DrivingED retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
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.
TRADE MARKS
DRIVINGIN and 1DRIVER is an unregistered trade mark of DrivingED.
VARIATIONS
DrivingED 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 DrivingED has 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 the Site.
YOUR CONCERNS
If you have any concerns about material which appears on the Site, please contact [email protected].
PRIVACY POLICY
DrivingED is committed to protecting and respecting your privacy.
This policy (together with DrivingED’s terms of use and any other documents referred to on it) sets out the basis on which any personal data DrivingED collects from you, or that you provide to DrivingED, will be processed by DrivingED. Please read the following carefully to understand DrivingED’s views and practices regarding your personal data and how DrivingED will treat it.
For the purpose of the Data Protection Act, the data controller is UAB DrivingED of Subaciaus str. 12-8, Vilnius 01302, Lithuania.
INFORMATION DRIVINGED MAY COLLECT FROM YOU
DrivingED may collect and process the following data about you:
• information that you provide by filling in forms on DrivingED’s site www.1driver.co.uk (the “Site”). This includes information provided at the time of registering to use the Site, subscribing to DrivingED’s services, posting material or requesting further services, entering any competition or promotion, completing any surveys or reporting any problem with the Site;
• records of your correspondence (if any) with DrivingED;
• details of transactions you carry out through the Site and of the fulfilment of your orders; and
• details of your visits to the Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for DrivingED’s own billing purposes or otherwise and the resources that you access.
• DrivingED may also ask you to complete surveys that DrivingED uses for research purposes, although you do not have to respond to them.
IP ADDRESSES AND COOKIES
DrivingED may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to DrivingED’s advertisers and/or commercial partners. This is statistical data about DrivingED’s users' browsing actions and patterns, and does not identify any individual.
For the same reason, DrivingED may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help DrivingED to improve the Site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate. They enable DrivingED:
• to estimate DrivingED’s audience size and usage pattern;
• to store information about your preferences, and so allow DrivingED to customise the Site according to your individual interests;
• to speed up your searches; and
• to recognise you when you return to the Site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, DrivingED’s system will issue cookies when you log on to the Site. If you register with DrivingED or if you continue to use the Site, you agree to DrivingED’s use of cookies.
WHERE DRIVINGED STORES YOUR PERSONAL DATA
The data that DrivingED collects from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for DrivingED or for one of DrivingED’s suppliers or commercial partners. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. DrivingED will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to DrivingED is stored on DrivingED’s secure servers. Any payment transactions will be encrypted using SSL technology. Where DrivingED has given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential.
Unfortunately, the transmission of information via the internet is not completely secure. Although DrivingED will use its best endeavours to protect your personal data, DrivingED cannot guarantee the security of your data transmitted to the Site and any transmission is at your own risk. Once DrivingED has received your information, DrivingED will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
DrivingED uses information held about you in the following ways:
• to ensure that content from the Site is presented in the most effective manner for you and for your computer;
• to provide you with information, products or services that you request from DrivingED or which DrivingED feels may interest you, where you have consented to be contacted for such purposes;
• to carry out DrivingED’s obligations arising from any contracts entered into between you and DrivingED;
• to allow you to participate in interactive features of DrivingED’s service, when you choose to do so; and
• to notify you about changes to DrivingED’s service.
DrivingED may also use your data to provide you with information about goods and services which may be of interest to you.
If you are an existing customer, DrivingED will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you do not want DrivingED to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which DrivingED collects your data (the order form).
YOUR RIGHTS
You have the right to ask DrivingED not to process your personal data for marketing purposes. DrivingED will usually inform you (before collecting your data) if DrivingED intends to use your data for such purposes or if DrivingED intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms DrivingED uses to collect your data. You can also exercise the right at any time by contacting DrivingED at [email protected].
The Site may, from time to time, contain links to and from the websites of DrivingED’s partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that DrivingED does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet DrivingED’s costs in providing you with details of the information DrivingED holds about you.
CHANGES TO DRIVINGED’S PRIVACY POLICY
Any changes DrivingED may make to DrivingED’s privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected].
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and DrivingED under which you may access the website www.1driver.co.uk (the “Site”). The Site is operated by UAB DrivingED ("DrivingED"). UAB DrivingED is registered in Lithuania under company number 302653177 and has its registered office at Subaciaus str. 12-8, Vilnius 01302, Lithuania. DrivingED’s VAT number is LT100006295419.
This acceptable use policy applies to all users of, and visitors to, the Site.
Your use of the Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement DrivingED’s terms of website use.
PROHIBITED USES
You may use the Site only for lawful purposes. You may not use the Site:
• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with DrivingED’s content standards (see below);
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); nor
• 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.
You also agree:
• not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of DrivingED’s terms of website use; and
• not to access without authority, interfere with, damage or disrupt:
• any part of the Site;
• any equipment or network on which the Site is stored;
• any software used in the provision of the Site; or
• any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
DrivingED may from time to time provide interactive services on DrivingED site, including, without limitation:
• chat rooms;
• bulletin boards;
• forums
Where DrivingED provides any Interactive Service, DrivingED will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). DrivingED will use its best endeavours to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on DrivingED’s site, and DrivingED will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, DrivingED is under no obligation to oversee, monitor or moderate any Interactive Service provided on the Site, and DrivingED expressly exclude any liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of DrivingED content standards (see below), whether the service is moderated or not.
The use of any of DrivingED Interactive Services by a minor is subject to the consent of their parent or guardian. DrivingED advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where DrivingED moderates an Interactive Service, DrivingED will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to DrivingED site (“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.
Contributions must:
• be accurate (where they state facts);
• be genuinely held (where they state opinions);
• comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from DrivingED, if this is not the case; nor
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.]
SUSPENSION AND TERMINATION
DrivingED will determine, in its absolute discretion, whether there has been a breach of this acceptable use policy through your use of the Site. When a breach of this policy has occurred, DrivingED may take such action as it deems appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use the Site, and may result in DrivingED taking all or any of the following actions:
• immediate, temporary or permanent withdrawal of your right to use DrivingED’s site;
• immediate, temporary or permanent removal of any posting or material uploaded by you to DrivingED’s site;
• issue of a warning to you;
• 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;
• further legal action against you; or
• disclosure of such information to law enforcement authorities as DrivingED reasonably feel is necessary.
DrivingED excludes liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and DrivingED may take any other action DrivingED reasonably deems appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
DrivingED may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes DrivingED makes, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Site.
CROWN COPYRIGHT ACKNOWLEDGEMENT
This website © 2020 UAB DrivingED UAB
Crown copyright material reproduced under licence from the Driving Standards Agency, which does not accept any responsibility for the accuracy of the reproductions.
Last published 24/01/2020