Enhanced Touchscreen control
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You can use the Table of Contents below to easily move through these terms:
3. About Enhanced Touch Control
6. How you may use the Enhanced Touch Control module
11. When we may end the contract between us
12. What happens when the contract between us comes to an end
13. Our responsibility for loss or damage suffered by you
14. Intellectual Property Rights
15. Third Party Content and Resources
16. General terms
These are the terms on which we license you to use the Custom GeoPHEV mobile application (the “App”) and the Custom GeoPHEV website located at www.CustomGeoPHEV.com (the “Website”), including any updates, related data and documentation (together, the “Enhanced Touch Control”).).
In order to use the Enhanced Touch Control, you must agree to these terms (by clicking “I agree” when prompted) at which point a contract will come into existence between us. If you wish to retain a copy of these terms, please visit www.CustomGeoPHEV.com]to save or print them.
We are Azura Engineering Limited, a company registered in England and Wales (company number 07831981). Our registered office address is Office 9 Strawberry Fields Digital Hub, Euxton Lane, Chorley, England (UK) PR7 1PS.
You may contact us at the address above, or by email at info@azura-engineering.com.
In order to use Enhanced Touch Control, you will require:
· A Ford Transit vehicle fitted with an Enhanced Touch Control Module.
· For the App: a compatible mobile device with Bluetooth enabled (please check compatibility on the relevant app store before downloading the App).
Please note that we do not supply the Enhanced Touch Control Module and we are unable to offer support or maintenance in respect of the vehicle or the module. We do not provide any mobile or internet network services; third-party charges may apply to your use of any network services.
The Enhanced Touch Control Module enables you to access the following features:
· Control electrical interfaces via the Enhanced Touch Control Module
· Configure the Enhanced Touch Control Module
· View video feed from external cameras
· Setup pre-conditioners for specific electrical conditions and signals
· Control the Enhanced Touch Control Module via the mobile app)
· Interface to the vehicle energy management control relay (if fitted)
The availability of these features is subject to change, and we may add new features to the Enhanced Touch Control Module from time to time which will be subject to these terms.
From time to time we may automatically update the App, or otherwise make changes to the Enhanced Touch Control Module, to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Enhanced Touch Control Module. You will not be entitled to any refund if you are unable to continue using the Custom Enhanced Touch Control Module due to failing to install free updates that we provide.
We cannot guarantee continuous, uninterrupted access to or availability of the Enhanced Touch Control Module via the App. Your ability to access the Enhanced Touch Control Module may depend on a number of factors, including your mobile device, browser and internet connection as well as environmental and topographical conditions.
Always pay careful attention to the road while driving. You must not use a handheld device to access the Enhanced Touch Control Module while driving.
Using a handheld device while driving may be prohibited under applicable road traffic laws and it may distract your attention away from the road, putting yourself and others in danger.
With the App, you will be able to access data from the Enhanced Touch Control Module, such as electrical signal information, video feed and graphical information.
We may change these terms from time to time, for example, to reflect changes in law or best practice, to address security risks or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending push notifications to your mobile device, providing details of the change and the date on which it will take effect.
If you continue using the Enhanced Touch Control Module after the notified changes have taken effect, you will be deemed to have accepted the changes.
If you do not accept the notified changes you may terminate the agreement between us at any time (see clause 10 below), but you will not be able or permitted to continue to use the Enhanced Touch Control Module.
In return for your agreeing to comply with these terms you may:
· Download or stream a copy of the App onto any number of mobile devices and use the Enhanced Touch Control Module for your personal, non-commercial only;
· Use any documentation that we may provide to support your permitted use of the Enhanced Touch Control Module;
· Receive and use any free supplementary software code or update of the Enhanced Touch Control Module incorporating patches, bug fixes or new versions we may provide to you.
You must be 18 or over to accept these terms and download the App.
You may not transfer the App, your account or any other part of the Enhanced Touch Control Module to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
You agree that you will:
· not rent, lease, sub-license, loan, provide, or otherwise make available the Enhanced Touch Control Module in any form, in whole or in part to any person without prior written consent from us;
· not copy the App or any part of the Enhanced Touch Control Module, except as part of the normal use or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the Enhanced Touch Control Module nor permit the Enhanced Touch Control Module or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Enhanced Touch Control Module on devices as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the Enhanced Touch Control Module nor attempt to do any such things, except to the extent required to obtain the information necessary to create an independent program that can be operated with the Enhanced Touch Control Module , provided that the information obtained by you during such activities is kept secure and not disclosed to any third party or used to create any software similar to the Enhanced Touch Control Module;
You must:
· not use the Enhanced Touch Control Module in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Custom GeoPHEV Service or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the Enhanced Touch Control Module (to the extent that such use is not licensed by these terms);
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Enhanced Touch Control Module;
· not use the Enhanced Touch Control Module in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
· not collect or harvest any information or data from the Enhanced Touch Control Module or our systems or attempt to decipher any transmissions to or from the servers running the Enhanced Touch Control.
The Enhanced Touch Control is provided free of charge for the duration of your 3-year new vehicle warranty from Ford (“Warranty Period”).
We may end your rights to use the Enhanced Touch Control Module (or temporarily suspend your access to all or part of the Enhanced Touch Control Module) at any time by contacting you if:
· you have broken these terms in a serious way; or
· we reasonably consider that your use of the Enhanced Touch Control Module is likely to cause damage to our business, infrastructure or data or have a detrimental impact on other users’ access to the Enhanced Touch Control Module.
If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end the contract between us because you have breached these terms, you will not be entitled to a refund of any charges paid.
When the contract between us comes to an end (for any reason), your rights under these terms will cease, you must uninstall the App (and delete any copies of it) from your device(s) and you may not continue to use the Custom Enhanced Touch Control in any way.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
The Custom Enhanced Touch Control is for domestic and private use. If you use the Custom Enhanced Touch Control for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Custom Enhanced Touch Control is provided for general information purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Custom Enhanced Touch Control. We make no representations, warranties or guarantees, whether express or implied, that information provided through the Custom Enhanced Touch Control is accurate, complete or up to date.
The Custom Enhanced Touch Control has not been developed to meet your individual requirements. Please check that the facilities and functions of the Custom Enhanced Touch Control meet your requirements before using it.
If our provision of the Custom Enhanced Touch Control is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. We will not be liable for delays caused by the event but, if there is a risk of substantial delay, you may contact us to end your contract with us and you may be entitled to a refund of some or all of the charges you have paid (if any).
All intellectual property rights in the Custom Enhanced Touch Control throughout the world belong to us (or our licensors, where applicable). The rights in the Custom Enhanced Touch Control are licensed, not sold, to you. You have no intellectual property rights in or to the Custom Enhanced Touch Control other than the right to use it in accordance with these terms.
The Ford name and logos used within the Custom Enhanced Touch Control are used under license from Ford Motor Company Limited.
The Enhanced Touch Control Module may contain links to other independent websites, content, resources or services which are not provided by us. Such independent sites are not under our control and we assume no responsible for them. We have not checked and approved their content or their privacy policies (if any). You will need to make your own judgement about whether to use any such independent resources, including whether to buy any products or services offered by them.
The Enhanced Touch Control Module may use data or resources provided by third parties, including location data, mapping and directions. We cannot guarantee the accuracy of this data and accept no responsibility where it may be inaccurate. Additional terms may apply to your use of such third-party resources within the Enhanced Touch Control Module, which will be notified to you within the App and/or Website before you access them.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the Custom GeoPHEV Service in the English courts. If you live in Scotland or Northern Ireland, you may bring legal proceedings in the Scottish or Northern Irish courts (as applicable) or the English courts. If you live outside the UK, you may be able to bring legal proceedings in your jurisdiction.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
You can use the Table of Contents below to easily move through these terms:
3. About Enhanced Touch Control
6. How you may use the Enhanced Touch Control module
11. When we may end the contract between us
12. What happens when the contract between us comes to an end
13. Our responsibility for loss or damage suffered by you
14. Intellectual Property Rights
15. Third Party Content and Resources
16. General terms
These are the terms on which we license you to use the Custom GeoPHEV mobile application (the “App”) and the Custom GeoPHEV website located at www.CustomGeoPHEV.com (the “Website”), including any updates, related data and documentation (together, the “Enhanced Touch Control”).).
In order to use the Enhanced Touch Control, you must agree to these terms (by clicking “I agree” when prompted) at which point a contract will come into existence between us. If you wish to retain a copy of these terms, please visit www.CustomGeoPHEV.com]to save or print them.
We are Azura Engineering Limited, a company registered in England and Wales (company number 07831981). Our registered office address is Office 9 Strawberry Fields Digital Hub, Euxton Lane, Chorley, England (UK) PR7 1PS.
You may contact us at the address above, or by email at info@azura-engineering.com.
In order to use Enhanced Touch Control, you will require:
· A Ford Transit vehicle fitted with an Enhanced Touch Control Module.
· For the App: a compatible mobile device with Bluetooth enabled (please check compatibility on the relevant app store before downloading the App).
Please note that we do not supply the Enhanced Touch Control Module and we are unable to offer support or maintenance in respect of the vehicle or the module. We do not provide any mobile or internet network services; third-party charges may apply to your use of any network services.
The Enhanced Touch Control Module enables you to access the following features:
· Control electrical interfaces via the Enhanced Touch Control Module
· Configure the Enhanced Touch Control Module
· View video feed from external cameras
· Setup pre-conditioners for specific electrical conditions and signals
· Control the Enhanced Touch Control Module via the mobile app)
· Interface to the vehicle energy management control relay (if fitted)
The availability of these features is subject to change, and we may add new features to the Enhanced Touch Control Module from time to time which will be subject to these terms.
From time to time we may automatically update the App, or otherwise make changes to the Enhanced Touch Control Module, to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Enhanced Touch Control Module. You will not be entitled to any refund if you are unable to continue using the Custom Enhanced Touch Control Module due to failing to install free updates that we provide.
We cannot guarantee continuous, uninterrupted access to or availability of the Enhanced Touch Control Module via the App. Your ability to access the Enhanced Touch Control Module may depend on a number of factors, including your mobile device, browser and internet connection as well as environmental and topographical conditions.
Always pay careful attention to the road while driving. You must not use a handheld device to access the Enhanced Touch Control Module while driving.
Using a handheld device while driving may be prohibited under applicable road traffic laws and it may distract your attention away from the road, putting yourself and others in danger.
With the App, you will be able to access data from the Enhanced Touch Control Module, such as electrical signal information, video feed and graphical information.
We may change these terms from time to time, for example, to reflect changes in law or best practice, to address security risks or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending push notifications to your mobile device, providing details of the change and the date on which it will take effect.
If you continue using the Enhanced Touch Control Module after the notified changes have taken effect, you will be deemed to have accepted the changes.
If you do not accept the notified changes you may terminate the agreement between us at any time (see clause 10 below), but you will not be able or permitted to continue to use the Enhanced Touch Control Module.
In return for your agreeing to comply with these terms you may:
· Download or stream a copy of the App onto any number of mobile devices and use the Enhanced Touch Control Module for your personal, non-commercial only;
· Use any documentation that we may provide to support your permitted use of the Enhanced Touch Control Module;
· Receive and use any free supplementary software code or update of the Enhanced Touch Control Module incorporating patches, bug fixes or new versions we may provide to you.
You must be 18 or over to accept these terms and download the App.
You may not transfer the App, your account or any other part of the Enhanced Touch Control Module to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
You agree that you will:
· not rent, lease, sub-license, loan, provide, or otherwise make available the Enhanced Touch Control Module in any form, in whole or in part to any person without prior written consent from us;
· not copy the App or any part of the Enhanced Touch Control Module, except as part of the normal use or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the Enhanced Touch Control Module nor permit the Enhanced Touch Control Module or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Enhanced Touch Control Module on devices as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the Enhanced Touch Control Module nor attempt to do any such things, except to the extent required to obtain the information necessary to create an independent program that can be operated with the Enhanced Touch Control Module , provided that the information obtained by you during such activities is kept secure and not disclosed to any third party or used to create any software similar to the Enhanced Touch Control Module;
You must:
· not use the Enhanced Touch Control Module in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Custom GeoPHEV Service or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the Enhanced Touch Control Module (to the extent that such use is not licensed by these terms);
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Enhanced Touch Control Module;
· not use the Enhanced Touch Control Module in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
· not collect or harvest any information or data from the Enhanced Touch Control Module or our systems or attempt to decipher any transmissions to or from the servers running the Enhanced Touch Control.
The Enhanced Touch Control is provided free of charge for the duration of your 3-year new vehicle warranty from Ford (“Warranty Period”).
We may end your rights to use the Enhanced Touch Control Module (or temporarily suspend your access to all or part of the Enhanced Touch Control Module) at any time by contacting you if:
· you have broken these terms in a serious way; or
· we reasonably consider that your use of the Enhanced Touch Control Module is likely to cause damage to our business, infrastructure or data or have a detrimental impact on other users’ access to the Enhanced Touch Control Module.
If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end the contract between us because you have breached these terms, you will not be entitled to a refund of any charges paid.
When the contract between us comes to an end (for any reason), your rights under these terms will cease, you must uninstall the App (and delete any copies of it) from your device(s) and you may not continue to use the Custom Enhanced Touch Control in any way.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
The Custom Enhanced Touch Control is for domestic and private use. If you use the Custom Enhanced Touch Control for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Custom Enhanced Touch Control is provided for general information purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Custom Enhanced Touch Control. We make no representations, warranties or guarantees, whether express or implied, that information provided through the Custom Enhanced Touch Control is accurate, complete or up to date.
The Custom Enhanced Touch Control has not been developed to meet your individual requirements. Please check that the facilities and functions of the Custom Enhanced Touch Control meet your requirements before using it.
If our provision of the Custom Enhanced Touch Control is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. We will not be liable for delays caused by the event but, if there is a risk of substantial delay, you may contact us to end your contract with us and you may be entitled to a refund of some or all of the charges you have paid (if any).
All intellectual property rights in the Custom Enhanced Touch Control throughout the world belong to us (or our licensors, where applicable). The rights in the Custom Enhanced Touch Control are licensed, not sold, to you. You have no intellectual property rights in or to the Custom Enhanced Touch Control other than the right to use it in accordance with these terms.
The Ford name and logos used within the Custom Enhanced Touch Control are used under license from Ford Motor Company Limited.
The Enhanced Touch Control Module may contain links to other independent websites, content, resources or services which are not provided by us. Such independent sites are not under our control and we assume no responsible for them. We have not checked and approved their content or their privacy policies (if any). You will need to make your own judgement about whether to use any such independent resources, including whether to buy any products or services offered by them.
The Enhanced Touch Control Module may use data or resources provided by third parties, including location data, mapping and directions. We cannot guarantee the accuracy of this data and accept no responsibility where it may be inaccurate. Additional terms may apply to your use of such third-party resources within the Enhanced Touch Control Module, which will be notified to you within the App and/or Website before you access them.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the Custom GeoPHEV Service in the English courts. If you live in Scotland or Northern Ireland, you may bring legal proceedings in the Scottish or Northern Irish courts (as applicable) or the English courts. If you live outside the UK, you may be able to bring legal proceedings in your jurisdiction.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.