PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective Date: 1 March, 2021
Welcome to theintercooler.co.uk ("Website"). Please read on to learn the rules and restrictions that govern your use of our Website(s), products, services and the smartphone and tablet applications available via the Apple, Inc. (“Apple”) App Store and the Google Play Store (“Application”) (together the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com.
DriveNation Media Ltd (“DriveNation Media Ltd,” “The Intercooler,” “theintercooler.co.uk," “we” and “us”) is a company, registered in the United Kingdom. Our registered office is at Second Floor, Rowan Suite, 7 Trinity Place, Midland Drive, Sutton Coldfield, England, B72 1TX.
Will these Terms or the Services ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. However, we will not, unless you agree, make any changes in respect of any Services you have already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay.
We will always give you as much notice as we reasonably can of such significant changes, including notice of when the changes go into effect, on the understanding that you have the option of accepting them or cancelling your Subscription (as defined below) without penalty, in which case, you should notify us that you wish to cancel your Subscription through the App Store you used for the purchase. If you do not cancel your Subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality. Similarly, we reserve the right to remove any Content (as defined below) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What are the basics of using The Intercooler?
You can sign up for an account, and select a password and username. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
In order to sign up for an account, you must be of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and your parent or guardian has agreed to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organisation or entity, you represent and warrant that you are authorised to agree to these Terms on that organisation or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organisation or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorised to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You must not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including The Intercooler);
Violates any law or regulation, including any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardises the security of your account with The Intercooler or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
Bypasses the measures we may use to prevent or restrict access to the Services or Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or
Monetises the Content through advertising, subscriptions or other means.
A violation of any of the foregoing is grounds for our termination of your right to use or access the Services.
What are my rights in The Intercooler?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including The Intercooler’s) rights.
You acknowledge that The Intercooler and its licensors own the Services. You must not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, post on other websites any copies of or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.
Do I have to grant any licenses to The Intercooler or to other users?
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.
For all User Submissions, you hereby grant The Intercooler a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal The Intercooler account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant The Intercooler the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
Finally, you acknowledge and agree that The Intercooler, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and subject to the Our Liability section below, we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. If the Services provide professional information (for example, financial, legal or medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Intercooler has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, The Intercooler will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you acknowledge that we are not responsible for your use of any third party website or service.
Your interactions with organisations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that The Intercooler shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that The Intercooler is under no obligation to become involved.
Does The Intercooler cost anything?
Certain portions of the Services may require you to sign up for a subscription in order to access them (“Subscription”). Subscriptions may be purchased by clicking on the service or subscription term you wish to subscribe to and then following the prompts that will appear on-screen.
You acknowledge that by clicking on the relevant button you enter into an obligation to pay for the Subscription and a contract will be formed between you and us in relation to the Subscription ordered.
When you sign up for a Subscription, you will be charged a subscription fee, based on the type of Subscription you select and the length of your Subscription (the “Subscription Term”). The subscription fee for the Services (“Subscription Fee”) will be charged to you in advance as further described below.
The Subscription Fee will be as quoted on the Services from time to time and includes VAT.
We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time, but we will notify you and you will be entitled to cancel your Subscription without penalty before any such change comes into effect.
Auto-Renewal for Subscriptions. Your Subscription will be automatically renewed at the end of each Subscription Term and your Payment Method (defined below) will be charged for the next Subscription Term. If you wish to cancel auto-renewal of your Subscription for the following Subscription Term, you must cancel your plan through the App Store you used for purchase at least one (1) day prior to the end of your then-current Subscription Term. The Intercooler may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Subscription Term has ended. If you do not wish to pay the new Subscription Fee, you can cancel your Subscription for the following Subscription Term, prior to the expiration of your then-current Subscription Term.
Cancellation; No Refunds. You acknowledge that we start provision of the Subscription digital content immediately following acceptance of your order (which, by placing your order, you request us to do) and that you will have no right to change your mind and cancel under the Consumer Contracts Regulations if we delivered the Subscription digital content to you immediately, and you agreed to this when you purchased your Subscription.
You may cancel your Subscription at any time through the App Store you used for purchase; however, subject to such consumer cancellation rights, there are no refunds for cancellation. If you cancel before the end of your Subscription Term you will have access to your account for the remainder of the Subscription Term. If you signed up for a Subscription through the iOS App Store or Google Play store, you must cancel or change your Subscription via the applicable app stores. In the event that The Intercooler suspends or terminates your account for your breach of these terms, you acknowledge and agree that you will receive no refund or exchange for any unused time on a Subscription, any Subscription Fees for any portion of the Services, any Content associated with your account, or for anything else.
If any service you purchase is defective (in other words, it does not comply with the requirements of these Terms), you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a service is defective, you should inform us as soon as possible, by contacting us at firstname.lastname@example.org, giving your name, address and order reference.
Nothing in this section affects your legal rights.
Billing. We use App Stores as a payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for your Subscription Fees. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorise us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you on time, you agree to pay all amounts due on your Billing Account upon demand. If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorised), we may suspend or terminate your access to the Services (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until your Subscription is cancelled.
Reaffirmation of Authorisation. Your non-termination or continued use of a Subscription reaffirms that we are authorised to charge your Payment Method for the applicable Subscription Fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your Subscription (or as your payment terms may be amended thereafter).
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g. for loss or theft) of if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your username or password. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of your Subscription under your billing account unless you have terminated your Subscription as set forth above.
Promotional Discounts and Free Trials. The Intercooler may offer discounted Subscriptions from time to time subject to the terms under which they are offered (as indicated in our relevant promotion). Any free trial or other promotion that provides access to Subscription must be used within the specified time of the trial. You must cancel your Subscription before the end of the trial period in order to avoid being charged for that Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Subscription, please contact us at email@example.com.
What if I want to stop using The Intercooler?
The Intercooler is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including if:
you have breached any of these Terms;
you fail to pay any correctly billed charges when due; or
you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
The Intercooler has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
issue a warning to you;
immediately withdraw your right to use any of the Services (either temporarily or permanently);
institute legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
disclose of all relevant information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we deem appropriate.
Account termination may also result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Upon termination of any Subscription or Service or your account, for any reason (including where, in accordance with these Terms, you cancel or do not renew your Subscription):
all rights granted to you under these Terms will immediately cease;
you must promptly discontinue all use of the relevant Services; and
you must pay us all outstanding amounts that you owe us.
Any of these terms that, by their nature, should survive termination of the agreement between you and us shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use The Intercooler app available via the Apple App Store or Google Play
These Terms apply to your use of all the Services, including the Application, but the following additional terms also apply to the Application:
If the Application that you download, access and/or use is downloaded from the Apple App Store:
Both you and The Intercooler acknowledge that the Terms are concluded between you and The Intercooler only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that The Intercooler, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, The Intercooler, and not Apple, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and The Intercooler acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and The Intercooler acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
If the Application that you download, access and/or use is downloaded from Google Play:
You are allowed unlimited reinstalls of the Application without any additional fee, provided that if the Application is removed from Google Pay due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law, then the Application will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the Application.
You may also be able to claim a refund from Google for purchases made in the Application if you qualify under the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.
We grant to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the Application. The "User" means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.
What else do I need to know?
Warranty Disclaimer. Except as expressly set out herein we make or give no representation or warranty as to the accuracy, copyright compliance, completeness, currency, correctness, decency, legality, reliability, integrity, quality or originality of any Content. To the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Services or relying on any of its content. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. We cannot and do not guarantee that any content of the Services will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Content. THE SERVICES AND CONTENT ARE PROVIDED BY THE INTERCOOLER (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Our Liability: Nothing in these Terms shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall The Intercooler (or its licensors or suppliers) be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you or any other person for any indirect, special, incidental or consequential losses, or for any loss of profit, loss of revenue, loss of contracts, loss of data, loss of goodwill, work stoppage, accuracy of results, computer failure, malfunction or other similar losses, and any liability we do have for losses you suffer arising pursuant to these Terms shall not, exceed the greater of (i) £100 or (ii) the amounts paid by you to us in connection with the Services in the twelve (12) month period preceding the applicable claim and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under or in connection with these Terms that is caused by events outside our reasonable control.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without The Intercooler’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Jurisdiction. These Terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these Terms will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.
Miscellaneous. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and The Intercooler agree that these Terms and any document expressly referred to in them are the complete and exclusive statement of the mutual understanding between you and The Intercooler, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. We are required by law to advise you that the agreement between you and us may be concluded in the English language only and that no public filing requirements apply.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of The Intercooler, and you do not have any authority of any kind to bind The Intercooler in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and The Intercooler agree there are no third party beneficiaries intended under these Terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.