Legal Statement

REFERENCES

mxData limited shall be referred to as 'THE OWNER'.

You the user of this site shall be referred to as 'YOU'.

The textual and graphical content of this site shall be referred to as 'THE INFORMATION'.

DISCLAIMER

The owner makes no representations about the suitability of the information contained within this site for any purpose. All such information is provided "as is" without warranty of any kind. The owner hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall the owner be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of the information available from this service.

  1. Links to Third Party Sites
  2. Feedback and Information
  3. Trademarks
  4. Refund Policy
  5. Copyright
  6. Charges
  7. Your Registration Obligations
  8. User ID
  9. Personal Data
  10. Confidentiality
  11. Indemnity
  12. No Resale of Services
  13. Modifications to Services
  14. Termination
  15. mxdata's Proprietary Rights
  16. Limitation of Liability, service levels and Disclaimer of Other Warranties' Terms and Conditions
  17. Notices
  18. General Information
  19. Privacy Policy

THIRD PARTY SITES

Any links provided with the contents of this site will allow you to leave this site. In no event shall the owner be liable for the contents of any linked site or any link contained within a linked site, or any changes or updates to such sites. The owner is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the owner.

FEEDBACK AND INFORMATION

Any feedback provided to this site shall be deemed to be non-confidential and may be used by the owner on an unrestricted basis.

TRADEMARKS

TrafficTV and the TrafficTV logo are trademarks of mxData limited.

Other product and company names, mentioned herein, may be trademarks or trade names of their respective owners.

REFUND POLICY

A refund will be granted within 30 days of purchase for:

  • Defective Software
  • Software not received due to an error on mxData's part
  • A license purchased from this site for the iPhone version. A 5 administration fee will be deducted

We cannot offer refunds in the following instances:

  • Time purchased after a trial has been used
  • 30 days has passed since the date of purchase
  • You have not exhausted the possibility of resolving any handset issues by contacting our technical support team
  • We will not refund an App Store purchase but will happily transfer any remaining time to a new license

Note: In the event of a refund being granted for reasons beyond mxData's control a 5 administration fee will be charged to cover refund costs.

COPYRIGHT

Copyright © 2004 - 2017 mxData Limited. All rights reserved. Any rights not expressly granted herein are reserved.

CHARGES

Please check the 'Buy Now' page of this website for our latest published prices and the prices that will apply to your service. When using TrafficTV, data charges will be incurred from your network provider, as the map is actually installed on your handset mxData have endeavored to keep these charges to a minimum as you will only download relevant traffic information each time you utilize the service. These data charges will be set by your Network Operator.

If you are roaming, your Network Operator may also charge you roaming charges in addition to any other charges that may be applicable.

In respect of all charges levied by your Network Operator, we recommend that you check their tariffs as mxData is not responsible for any charges levied by your Network Operator.

For your convenience, our prices always include VAT except for business tariffs (which for our business customers are quoted exclusive of VAT). VAT is charged at the prevailing rate.

We charge monthly in advance for the TrafficTV service. The service can be terminated at any time by texting STOP to the originating Premium SMS number.

mxData reserves the right to limit use of the Service if unreasonable usage, including handset changes, occurs on any one account at any time.

YOUR REGISTRATION OBLIGATIONS

We need to be able to rely on the information that you provide to us about you and therefore you confirm that you have provided and will provide true, accurate, current and complete information about yourself to us and agree to inform us if that information has changed. If it is shown or we reasonably suspect that you have not done this, we may suspend or terminate your service. We will treat your information very carefully and will only use your information in accordance with our Privacy Policy found at the end of these Terms and Conditions.

You should note in particular, our Privacy Policy will allow us to process your registration and user data and to receive and deliver the Content.

USER ID

We will send you a serial number for your service when you have completed the registration process. You are responsible for maintaining the confidentiality of both your serial number and activities on your Account generally. You must immediately notify us of any unauthorized use of your serial number or other breach of security.

PERSONAL DATA

You confirm your agreement that both parties shall comply with all relevant data protection laws and regulations. In particular, neither of us shall transfer or make available any personal data outside the European Union without the relevant party's consent unless (a) this is necessary to provide the Services or (b) if we are reasonably satisfied that the data is subject to similar data protection laws.

CONFIDENTIALITY

Unless we agree otherwise (or if otherwise indicated in this Agreement), neither party shall disclose externally any information that has been designated to be confidential or that is obviously confidential in nature. Publicly available information is not confidential save for a defaulting party where made public by that party. "Externally" means persons other than employees, representatives and advisers, members of group companies and any third parties who need to receive the information to provide the Services.

INDEMNITY

You will indemnify and hold us and our subsidiaries, officers, agents, customers and employees, harmless from any losses, expenses, damages, claim or demand, including reasonable legal fees and consequential losses due to your use of the Services, violation of this Agreement, or violation of any rights of another.

NO RESALE OF SERVICES

You will not reproduce, duplicate, copy, sell, resell, make available for gain or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

MODIFICATIONS TO SERVICES

We may at any time modify or discontinue, temporarily or permanently, the Services (or any part of them) with or without notice and liability to anyone.

TERMINATION

We may terminate your serial number and use of the Service, and remove and discard any Content within the Services, for any reason and with or without notice, including, without limitation, for lack of use, failure to pay or if we believe you have violated or acted inconsistently with the letter or spirit of this Agreement.. We shall not be liable to you or any third-party for any termination of your access to the Services.

MXDATA'S PROPRIETARY RIGHTS

The Services and any software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by intellectual property and other laws. You acknowledge and agree that Content contained in information presented to you through the Services may be protected by copyright, trade mark, patents or other proprietary rights and laws. You may not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on Content you receive or the Software, in whole or in part. You may not access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

LIMITATION OF LIABILITY, SERVICE LEVELS AND DISCLAIMER OF OTHER WARRANTIES' TERMS AND CONDITIONS

The owner makes no representations about the suitability of the information contained within the application and or web site for any purpose. All such information is provided "as is" without warranty of any kind and on an "as available" basis The Service requires that your Network Operator supports data services. Please check before attempting to sign-up.

mxData hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non infringement. In no event shall mxData be liable for any special, indirect or consequential damages or any damages whatsoever resulting from the loss of use , data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of the information available from this server.

Content must be used in a safe manner and in accordance with all applicable road traffic legislation, including, without limitation, the Road Vehicles (Construction and Use)(Amendment)(4) Regulations 2003. It is an offence under the Road Traffic Act 1988 to contravene these regulations. In particular, the use of content on a handheld phone or similar handheld device whilst driving is prohibited. Under existing law a person may be regarded as driving a vehicle whilst the engine is running and the vehicle is stationary.

HA Content is provided free of charge without liability on an opt-in "as is" basis without warranties of any kind, including, without limitation, any warranty as to accuracy, fitness for purpose, suitability, quality, or availability, and the User shall have no claim whatsoever against the Secretary of State or his respective servants employees and agents for any reason whatsoever.

NOTICES

Notices of changes to this Agreement or on other matters to you may be sent by email, SMS regular mail, or through our website at www.mxdata.co.uk. You may contact us for any reason, including the updating or correcting of your personal data by using contact pages made available on our website or by writing to us at mxData Ltd, Alderley House, Alderley Road, Wilmslow, Cheshire SK9 1AT.

GENERAL INFORMATION

This Agreement is the entire agreement between us and governs your use of the Services. It replaces any prior agreements. You may be subject to additional terms and conditions such as those imposed by your Network Operator. If any provision of this Agreement is found by any competent court to be invalid or unenforceable, its invalidity or unenforceability shall not affect the other provisions of this Agreement. If we fail to exercise, or delay in exercising a right or remedy under this Agreement or given by law, we are not waiving that right or remedy or any other rights or remedies.

You confirm that you are aged over 18. If you are under 18, you confirm that you have shown these terms and conditions to someone over 18 who agrees to guarantee and meet the obligations imposed on you. Similarly, you confirm that if you are not the bill payer, that you are contracting on behalf of the bill payer and that you have sufficient authority to enter into such a contract and that you will continue to be liable under this Agreement, as will the bill payer.

This Agreement and the relationship between the parties you is governed by the laws of England and Wales and we both submit to the jurisdiction of the courts of England and Wales.

PRIVACY POLICY

mxData values your privacy. As it is important to us we have prepared this policy outlining our practices in relation to the collection and use of information about you that is provided to us by either your visit to our web site or your submission of details to us to use our Service.

Data Protection Act :

We are conscious of our responsibilities under the Data Protection Act 1998. We endeavour to process any personal information relating to you from which you may be identified, in accordance with that Act. Information may be processed in accordance with our Data Protection Registration and we shall not process your personal information in any manner incompatible with those purposes or without your consent unless we are required by law to do so. We shall not be requesting or processing any sensitive personal data about you. We shall not retain information relating to you longer than is necessary for the purposes for which it obtained.

How we obtain information about you :

The information we collect varies depending upon the part of the web site and method by which you obtain our service. Information about you may be collected without you being aware of it by use of cookies and or data connectivity with our live service.

Information which you are aware we collect :

As a general rule the information which you supply will be processed purely for the purposes for which it is supplied and collected. If you are not happy that we should, on occasion, use your information for the purpose of providing information to you about special offers, services, products and features that we consider may be of interest to you and for other related marketing purposes, then please let us know by contacting support.

We will not reveal your personal or contact details to any third party other than those that assist us in provision of the Services in any circumstances, other than with your specific consent, or where not to do so would involve breaking the law. We will endeavour to ensure that any party to whom your information is transferred holds it in accordance with this policy.

Information which you are not aware we collect :

We may use "Cookies" and other tracking software to personalise your visit to our web site and enhance the experience by gaining a better understanding of your particular interests and customising our pages for you. A cookie is a message given to a web browser by a web server and which is then stored by the browser in a text file. Each time the browser requests a page from the server this message is sent back which enables the user to be identified. In addition when you connect to our service in some instances your mobile number will be used to help security and identification.

How we protect the information we process :

We have put in place measures which ensure the security of the information we collect and its correct use. These are appropriate to the nature of the information and prevent unauthorised access. We take reasonable steps to ensure the reliability of our own staff and ensure that any persons who process information on our behalf reach the same high standards that we set ourselves. Our security measures include the use of software firewalls and intrusion detection systems.

The accuracy of your information :

While we endeavor to ensure that the information we hold about you is accurate and, where necessary, kept up to date, we assume, in the absence of evidence to the contrary, that the information you provide us with is accurate. If there is any reasonable doubt as to its accuracy we shall contact you to confirm the information. Should there be any inaccuracies in the information of which you inform us, or of which we become aware, it shall be swiftly rectified by us. We do not retain any information about you that is out of date or is no longer required.

How to access your information :

Along with all other rights granted to you under the 1998 Act which we respect and observe, you may at any time in writing or by e-mail request to be informed of the personal information which we hold about you, either as a whole or limited to certain information of a particular nature. We shall comply with this request but, in the interests of your privacy, only after we are supplied with such information by you as would reasonably be required to satisfy ourselves as to your identity. In the interests of the privacy of others, we would not be able to comply with such a request if it involved disclosing information about another person unless they consented to the disclosure or it was reasonable in all the circumstances to comply with the request without their consent. We may charge a fee of 10 for providing this information and the information will be provided no later than 40 days from when we receive your request.

If you do not wish us to continue using your information please send a simple one-line message from the email account you registered with us to support@mxapps.co.uk

Links to third party sites

Any links provided with the contents of this site will allow you to leave this site. In no event shall the owner be liable for the contents of any linked site or any link contained within a linked site, or any changes or updates to such sites. The owner is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the owner.

Feedback and information

Any feedback provided to this site shall be deemed to be non-confidential and may be used by the owner on an unrestricted basis.

Trademarks

TrafficTV and the TrafficTV logo are trademarks of mxData limited.

Other product and company names, mentioned herein, may be trademarks or trade names of their respective owners.

Copyright © 2004-2017 mxdata Limited. All rights reserved.

Any rights not expressly granted herein are reserved.

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