This End User Licence Agreement (EULA) is a legal agreement between you (the user) and Outbound BPO Ltd (the licensor) for the use of the Congestion Charge App (the app). The app is a software application that allows you to pay the congestion charge for driving in London, as well as access other related services and information.
By downloading, installing, or using the app, you agree to be bound by the terms and conditions of this EULA. If you do not agree to this EULA, do not download, install, or use the app.
Licence Grant
The licensor grants you a non-exclusive, non-transferable, revocable, limited licence to download, install, and use the app on your compatible mobile device, solely for your personal, non-commercial purposes, subject to the terms and conditions of this EULA.
Licence Restrictions
You agree not to:
- copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the app or any part of it
- rent, lease, sub-license, sell, distribute, or transfer the app or any part of it to any third party
- use the app for any unlawful, fraudulent, or malicious purposes, or in any way that may harm or impair the app, the licensor, or any other person or entity
- use the app to access, store, or transmit any content that is infringing, defamatory, obscene, abusive, or otherwise objectionable
- use the app to collect, store, or process any personal data of any other person or entity without their consent
- use the app in any manner that violates any applicable laws, regulations, or codes of conduct
Intellectual Property Rights
The licensor retains all rights, title, and interest in and to the app and all related materials, including but not limited to the software, the data, the design, the graphics, the logos, the trademarks, and the copyrights. Nothing in this EULA grants you any rights or licences to use any of these materials, except as expressly provided in this EULA.
Updates and Changes
The licensor may from time to time update, modify, or change the app and this EULA, to improve the performance, functionality, security, or compatibility of the app, or to comply with any legal or regulatory requirements. You agree to accept and install any such updates, modifications, or changes as part of your use of the app. The licensor will notify you of any material changes to this EULA and you will have the option to terminate this EULA if you do not agree to the changes.
Termination
This EULA will remain in effect until terminated by you or the licensor. You may terminate this EULA at any time by deleting the app from your device and ceasing all use of the app. The licensor may terminate this EULA at any time by giving you notice, or if you breach any of the terms and conditions of this EULA. Upon termination, you must delete the app from your device and cease all use of the app. The provisions of this EULA that by their nature should survive termination will survive termination, including but not limited to the licence restrictions, the intellectual property rights, the disclaimer of warranties, the limitation of liability, and the governing law and jurisdiction.
Disclaimer of Warranties
The app is provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, security, or non-infringement. The licensor does not warrant that the app will meet your requirements, that the app will be uninterrupted, error-free, or virus-free, that the app will be compatible with your device or any other software or hardware, or that the app will provide accurate, complete, or reliable information or results. You acknowledge and agree that you use the app at your own risk and that you are solely responsible for any damages or losses that may result from your use of the app.
Limitation of Liability
To the maximum extent permitted by law, the licensor will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your use of or inability to use the app, even if the licensor has been advised of the possibility of such damages. In any event, the licensor’s total liability to you for any and all claims under this EULA will not exceed the amount you paid to use the app, if any.
Indemnification
You agree to indemnify, defend, and hold harmless the licensor and its affiliates, directors, officers, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including but not limited to legal fees and expenses, arising out of or in connection with your use of or misuse of the app, your breach of any of the terms and conditions of this EULA, or your violation of any rights of any third party.
Governing Law and Jurisdiction
This EULA and any disputes arising out of or in connection with it will be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising out of or in connection with this EULA.
General
This EULA constitutes the entire agreement between you and the licensor regarding the use of the app and supersedes any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the same subject matter. If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this EULA will remain in full force and effect. The failure or delay of the licensor to exercise or enforce any right or provision of this EULA will not constitute a waiver of such right or provision. The licensor may assign or transfer this EULA or any of its rights or obligations under this EULA, in whole or in part, to any third party without your consent. You may not assign or transfer this EULA or any of your rights or obligations under this EULA, in whole or in part, to any third party without the prior written consent of the licensor. This EULA is binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns