Traffic Jam shall provide the Services on the following Terms.

References in the Terms to ″Traffic Jam″, ″we″, ″us″ and ″our″ are references to Traffic Jam, the provider of the Services. References to ″users″, “you” and “your” are references to users of the Services.

Introduction

1.1 The Terms govern the relationship and apply to all transactions and interaction between you and us. By using the Services you agree to be bound by the Terms (to the extent applicable). The Terms incorporate the Traffic Jam Privacy Policy and Traffic Jam Website Terms and Conditions, which are included on our website at www.trafficjam.mobi.

The Service

2.1 Traffic Jam provides a live traffic alert and entertainment mobile app service.

Liability

3.1 Traffic Jam shall not be liable for any delays in or failures of performance of the Services caused by an event which is beyond the control of Traffic Jam including without limitation, strikes, lock-outs, riots, acts of war, acts of terrorism, destruction of essential equipment by fire, explosion, storm, flood, earthquake or delay caused by failure of power supplies or transport facilities, postal strikes or acts of, or failures to act by, its subcontractors. In such circumstances, Traffic Jam shall have the right to delay performance of the Services and/or its obligations and when such event has passed, to take reasonable recovery time before restoring the Services and/or performing its obligations.

3.2 Nothing in the Terms shall exclude or limit the liability of Traffic Jam for death or personal injury resulting from the negligence of Traffic Jam or any of its officers, employees or agents or its liability for fraudulent misrepresentation.

3.3 The maximum aggregate liability of Traffic Jam (whether in contract, tort or for negligence or breach of statutory duty or otherwise arising out of, or in connection with, any Contract) to you in respect of any and all acts, omissions, defaults or events shall be limited to and in no circumstances shall exceed the aggregate subscription fee paid to Traffic Jam by you (if any) under any Contract.

Data protection

4.1 Traffic Jam reserves the right to use your data to contact you about our own products and services as well our partners. This includes potentially passing your data on to our trusted partners for marketing purposes. You may withdraw your consent for us to use your personal data for marketing purposes, with effect from the next available mailing, at any time by contacting us (see 14).

4.2 Please see the Traffic Jam Privacy Policy on our Website for details of how we use your personal data online.

Changes to the Terms and Conditions

5.1 We may modify the Terms from time to time in our sole discretion and, if so, we will post a revised version of the Terms on the Website and will inform users of material (in our reasonable opinion) changes. Save as provided otherwise in this clause, modifications will be effective, and you will be deemed to have accepted such modifications, when they are posted on the Website.

Website and Mobile Application

6.1 The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, Materials) contained on the Website and Mobile Application are protected by copyright. You may only access and use the Materials for personal purposes. You may not otherwise reproduce, distribute, publicly display, modify or create derivative works of the Materials (or authorise others to) for commercial gain, unless authorised by the appropriate copyright owner(s).

6.2 In the event that you print Materials found on the Website and Mobile Application, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on our servers, and you should not attempt to ″pass off″ any Materials as your own work.

6.3 No use of any Traffic Jam logo or trademark may be made without our express permission.

6.4 You shall use the Services for lawful purposes only.

6.5 You expressly agree that use of the Website and Mobile Application and related services is at your sole risk. The Website and Mobile Application, Materials and related services are provided on an ″as is″ and ″as available″ basis. We make no representations or warranties with regard to the Website and Mobile Application or any Materials therein, whether express or implied, arising by law or otherwise.

6.6 By using the Website and Mobile Application, Materials or related services, you agree that Traffic Jam will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the Website and Mobile Application, Materials or related services whether due to inaccuracy, error, omission or any other cause.

Miscellaneous

7.1 The Terms and each and every Contract pursuant thereto shall be governed by and construed in all respects in accordance with the laws of England whose courts shall have exclusive jurisdiction.

7.2 If at any time one or more of the provisions of the Terms is held to be invalid or unenforceable, such provision shall be struck out without affecting the remaining provisions.

7.3 A person who is not a party to a Contract has no right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Contact details

8.1 Please contact us at info@trafficjam.mobi