JAGUAR APP TERMS AND CONDITIONS

Please read these terms and conditions ("Terms") carefully before using this Jaguar smartphone application (“Jaguar App”) operated by Jaguar Land Rover Limited (company number 1672070) of Abbey Road, Whitley, Coventry, CV3 4LF (“JLR”, "us", “we", "our").

These Terms cover Jaguar App which enables you to navigate and explore the Jaguar brand through curated content through a non-logged in guest experience. 

Conditions of use

By using this Jaguar App, you certify that you have read and reviewed these Terms and that you agree to comply with these Terms. If you do not want to be bound by these Terms, you are advised to stop using Jaguar App accordingly. JLR only grants use and access of this Jaguar App to those who have accepted its terms.

Privacy policy

Before you continue using our Jaguar App, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Intellectual property

You agree that all materials, products, and services provided on this Jaguar App are the property of JLR, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the JLR’s intellectual property in any way, including electronic, digital, or new trademark registrations.

To the extent you make or provide us with any error reports, evaluation, suggestions, enhancements, recommendations, or other feedback (“Suggestions”) relating to this Jaguar App, you grant to us a royalty-free, worldwide, transferable, sub licensable, perpetual, irrevocable, right and licence to use, copy, modify, distribute and otherwise exploit without restriction any such Suggestions and any development based on such Suggestions.

Operating system

In order to use this Jaguar App you will need to ensure you have a compatible smartphone with the latest version of the applicable mobile operating system (as may be updated from time to time) and which has an existing data connection.  We are not responsible for providing data connection services or for any data connection costs you incur in using this Jaguar App. Availability of features is subject to change by JLR (in its sole discretion) from time to time.

How we will communicate with you

If we have to contact you, we will do so via Jaguar App.

If someone else owns the phone or device you are using

If you download this Jaguar 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.

We are not responsible for third party applications, websites or services

This Jaguar App may contain links to other third party applications, independent websites and services which are not provided by us. Such third party applications, independent websites and services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

You will need to make your own independent judgement about whether to use such third party applications, independent websites and services, including whether to buy any products or services offered by them. 

We reserve the right to change, suspend, remove, or disable access to any third party applications, independent websites and services via this Jaguar App at any time without notice.

Acceptable use restrictions

You must: 

• not use this Jaguar App 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 this Jaguar App or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of this Jaguar App, including by the submission of any material (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 this Jaguar App; and
• not use this Jaguar App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

Licence restrictions

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, this Jaguar App in any form, in whole or in part to any person without prior written consent from us;
• not copy this Jaguar App, except as part of the normal use of Jaguar App 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 this Jaguar App nor permit this Jaguar App to be combined with, or become incorporated in, any other programs, except as necessary to use this Jaguar App on devices as permitted in these Terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of this Jaguar App nor attempt to do any such things;
• not use this Jaguar App in any way which contravenes applicable laws.  For example, you are responsible for observing all laws and regulations relating to use of your smartphone in a vehicle and, in particular, you must not use your smartphone while driving;
• comply with all app store terms of service which apply to your download of this Jaguar App;  
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by this Jaguar App.

Changes to these Terms and/or Jaguar App

We may need to change these Terms or this Jaguar App to reflect changes in law or best practice or to deal with additional features or improvements or changes to existing features which we introduce. 

We will give you notice of any change via this Jaguar App and you may also be required to download updates or an updated version of this Jaguar App. 

If you do not accept the notified changes, you will not be permitted to continue to use this Jaguar App.

Limitations to this Jaguar App

This Jaguar App is provided for general information and entertainment purposes only. This Jaguar App 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 Jaguar App. Although we make reasonable efforts to update the information provided by Jaguar App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

If a court finds part of this contract illegal, the rest will continue in force

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.

Limitation on liability

JLR is not liable for any damages that may occur to you as a result of your misuse of our Jaguar App.

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.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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 take steps necessary to rectify such damage. 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.

This Jaguar App is for domestic and private use only. If you use this Jaguar App 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.

This Agreement is an understanding between JLR and the user, and this supersedes and replaces all prior agreements regarding the use of this Jaguar App. 

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing these Terms, 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.

Applicable law and jurisdiction

By using this Jaguar App, you agree that these Terms are governed by English law and you can bring legal proceedings in respect of these Terms and Jaguar App in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms and Jaguar App in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms and Jaguar App in either the Northern Irish or the English courts. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.