TERMS OF USE

This document sets out the Terms of Use that govern the agreement between you and Watch Learn Drive .com Ltd. for the provision of the SD Digital product and associated content. Please read this document fully. If there is anything that you do not understand please contact us for clarification or seek professional advice.

By signing-up for SD Digital you confirm that you are bound by the Terms of Use including any changes to them or to the SD Digital service in accordance with the Terms of Use.

DEFINITIONS:

  1. ‘SD Digital’ is name of product described below in ‘WHAT IS SD Digital’.
  2. ‘You’ is you, the ADI Business using SD Digital on a business-to-business’ basis; this refers to all business types including self-employed franchisees, sole-traders, limited companies and any other business format.
  3. ‘Hub’ is the name given to ‘SD Digital’ web presence.
  4. ‘Hub App’ is the free SD Digital Online Data Hub Control Panel Application used to amend/add content to the Hub and Social Media.
  5. ‘Social Media’ refers to Social Media platforms chosen for the Hub App to post to (i.e. Facebook and Twitter).
  6. ‘Post’ refers to content uploaded to Social Media/Hub
  7. ‘App(s)’ are the free online applications for you to give to pupils.
  8. ‘Tool(s)’ are the free online applications for you to use with pupils.
  9. ‘Pupils’ are the ADI Business’s (your) customers and potential customers.
  10. ‘Cross-Platform’ means all Apps and Tools can be accessed via internet on the following platforms: Web browser on Windows devices/PC/Mac (with latest version of IE, Safari or Chrome browser installed) Apple (iOS7 +), Android (4.1+), tablet or smartphone.
  11. ‘Pupil Referral’ is potential customer who has submitted their details to watch.learn.drive.com Ltd in return for information.
  12. ‘Ad hoc’ means as and when watch.learn.drive.com Ltd deem content necessary/relevant.
  13. ‘Subscription’ means a 12-month agreement set up with a payment plan of 12 monthly payments.
  14. ‘Additional User’ means a user that you have assigned as a user. The can add posts but not change any content or details of your account.
  15. ‘Current billing period’ is the period since Your last payment.

WHAT IS SD Digital?

SD Digital is an online marketing tool and teaching aid designed for use by Approved Driving Instructors (ADIs).

WHAT SD Digital PROVIDES

SD Digital provide the following:

SD Digital HUB (website)

  • Online web site presence (‘Hub’).
  • 12 months’ hosting by SD Digital and access via the SD Digital website (unless a separate domain is used/purchased)
  • Search Engine Optimisation (SEO) via the SD Digital Hub
  • Optimised Testimonial integration.
  • Optimised Weekly video updates.
  • Responsive layout/design for mobile device use.

SD Digital Hub ‘Control Panel App’

  • Testimonials/Posts posted to Hub (and Social Media).
  • Full content management.
  • Pupil tracking, monitoring and management.
  • Cross-Platform.
  • Free updates.

OPTIONAL ADD ONS (PURCHASED SEPERATELY)

BRANDED APPS

All apps include:

  • Pupil progress tracking.
  • Free updates.
  • Cross-Platform.

Theory and Hazard Perception App:

  • Hazard Perception clips with true relevant scoring as per DVSA test.
  • Over 1,000 examination/preparation questions with ‘test’ 1 in 4 style marking.

3D Lessons App:

  • Lesson visualisation/briefing/recap of 33 driving lesson subjects.
  • Know Your Traffic Signs App
  • Official Highway Code App
  • Road Signs Quiz App
  • Over 400 examination/preparation questions with ‘Flash Card’ format.

EMAIL MARKETING CAMPAIGN TO PUPILS

  • Weekly regular ‘how to and advice’ videos.
  • Regular ‘industry’ updates – ‘ad hoc’.

SOCIAL MEDIA MARKETING CAMPAIGN

  • Regular ‘how to and advice’ videos – ‘ad hoc’..
  • Regular ‘industry’ updates – ‘ad hoc’.
  • ‘Blog/comment’ – ‘ad hoc’.

SOCIAL MEDIA ADD ON

  • Social Media account creation (or updating) of Facebook, Twitter and Google+.
  • Posting to that Facebook Fan page account, or your existing account.
  • Posting to that Twitter page account, or your existing account.

Note: SD Digital will email you to request information required for set-up. This service will be set up with 28 days of receipt of correct information.

3D DRAW ON ADD ON

  • 3D Lesson Briefing and Planning Tool with ‘push notification’ and email share function to pupils via Apps.

ADDITIONAL PAGES ADD ON

  • Add extra pages to your Hub (website)

DOMAIN ADD ON

  • Transfer (redirect) or own your own web address.

Note: SD Digital will email you to request information required for set-up. This service will be set up with 28 days of receipt of correct information

MULTI-CAR ADD ON

  • Add additional users who can make posts. (Driving Schools with more than 1 Car/ADI.)

GOOGLE+ ADD ON

Account creation (or updating) of Google+ and adding of map to Hub.

Note: SD Digital will email you to request information required for set-up. This service will be set up with 28 days of receipt of correct information

SIGN UP

Your debit/credit card will be debited immediately upon signing up for any SD Digital product/add on. You will get access to your SD Digital product/add-on immediately when payment is made.

The contract period for SD Digital is 12 months. You'll continue to have access to SD Digital until you cancel the relevant plan. In most cases you'll be charged on the same date every month.

FREE TRIAL

If you join SD Digital through a one-month free-trial offer, your debit/credit card will be debited one month after your initial sign-up for any SD Digital product/add on. You will get access to your SD Digital product/add-on immediately.

The contract period for SD Digital is 12 months. You'll continue to have access to SD Digital until you cancel the relevant plan. In most cases you'll be charged on the same date every month.

The product(s) may include placeholder ‘stock’ images and text that will remain in place until you change them to add your own personalized content. We cannot be held responsible if you do not make changes to your account.

PAYMENT PLANS

WorldPay will collect payments on the behalf of SD Digital. During the sign up process, you will need to provide WorldPay with any information needed to collect payments. You authorise WorldPay to collect payments on our behalf. If a payment fails, WorldPay will try again for a few days. If WorldPay is unable to process a payment you won't be able to use/access the part of the SD Digital service the failed payment relates to.

Your month-to-month membership will continue and your card will be charged for the chosen amount each month unless you cancel, which you can do at any time (See HOW DO I CANCEL MY PAYMENT PLAN? below).

You can cancel SD Digital at any time and will continue to have access until the end of the current billing period, but the access will not be automatically renewed at the end of the billing period. You can of course re-set up at a later point.

SPECIAL OFFERS

If you take up a special offer the relevant parts of these Terms of Use will be varied to take account of the terms and conditions of the offer. We will not change the terms of any valid offer which applies to you once it has started and before it has ended, unless it's to correct or clarify an obvious error or omission.

All of our prices are set out on the SD Digital website and may change from time to time. We do not provide price protection or refunds in the event of a price reduction or promotional offering.

If you purchase the 12 month’s access product in full by making a one-off payment (for example, by purchasing via a special-price offer), by clicking the ‘Pay now’ button, you acknowledge that you will lose any right to a refund should you cancel. By clicking the ‘Pay now’ button you are expressly requesting the start of the digital content and requesting SD Digital supply the digital service for a full 12 month period – there is no refund available after activation of the 12 month service.

WHO CAN SIGN UP TO SD DIGITAL?

Anyone aged 18 or over living in the UK (including the Isle of Man and Channel Islands) can sign up to use SD Digital. It is designed for sole-trading ADIs and driving school businesses on a ‘business-to-business’ basis.

WHAT HAPPENS IF SD DIGITAL CHANGES THE SERVICE?

From time to time we might make changes to SD Digital. While we will always try to notify you in advance of any changes this might not always be possible. We will not make changes that materially disadvantage you during a pre-paid billing period (unless it's for reasons beyond our control).

We will give you notice of changes which are likely to affect you during future billing periods – we'll aim to notify you at least 21 days before the start of the affected period, this will give you sufficient time to cancel payment for future billing periods before the change takes place should you so wish.

If you don't cancel any subscription in the period between any notification of change and the date that the change takes place, and you continue to use the service, we will consider that you are in agreement with, and accept the amended service.

WHAT NETWORK CONNECTION DO I NEED TO USE SD DIGITAL?

You need broadband or a 3G mobile network to stream content from SD Digital. You'll need a fast enough connection and an adequate broadband data allowance. To stream via broadband, we recommend a minimum 2.5Mbps connection - remember that your streaming rates depend on your local (home/office) network load could be affected by other users using the broadband connection at the same time. If you are using a 3G mobile network you will need a minimum connection speed of 450Kbps (note that depending on the device that you are using you may need a higher speed).

You are responsible for all costs charged by your mobile network and broadband providers and by your internet service provider. Remember that streaming audio-visual content can use up a lot of data; if your broadband package doesn't give you unlimited downloads you need to check that you have an adequate monthly data allowance.

WHICH DEVICES CAN I USE SD DIGITAL ON?

There is a full list of compatible devices on the SD Digital website. Certain services or content may not be available on all devices; we continually review device support and as new operating systems appear we may stop supporting older versions. This means that to continue using the service you may need to update the software on your device from time-to-time. As detailed further in these Terms of Use you should ensure that any device used to access SD Digital is compatible with the service.

HOW DO I CANCEL MY PAYMENT PLAN?

To stop SD Digital, follow the instructions set out in the email from ‘WorldPay’s Future Pay’ email. If the period it covers hasn't started, you won't be charged for it. Once your access to SD Digital stops, neither you OR YOUR PUPILS will be able to access any of your previously subscribed apps or services. If you stop a service you can always re-activate it on your account at a later date.

REFUNDS:

Once you have clicked the ‘Pay now/set up trial/pay with card’ button, you acknowledge that you will lose any right to a refund should you cancel as you are expressly requesting the start of the digital content and requesting SD Digital start the digital service and no refund is due.

If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.

HOW DO I CONTACT SD Digital IF SOMETHING GOES WRONG?

You can contact us for any customer service reasons using the contact details set out on the SD Digital website.

HOW WILL SD DIGITAL CONTACT ME?

If we need to contact you (including to give 'notice' as described in the Terms of Use), we will do so electronically, e.g., via email, via the SD Digital website, via a notification within the service or a notice 'pushed' to your device (or any other method we notify you about). Notifications will be deemed to have been delivered on the day that they are sent, unless we receive a failed delivery notice. We will send notices to you using the contact details that you've given us; please make sure you've provided us with accurate contact details, and keep us up to date if they change. We accept no responsibility for incorrect details that you enter into our systems.

We may vary, replace or withdraw any feature or functionality or content provided as part of SD Digital at any time. We provide the services on an ongoing basis and we cannot foresee what may change in the future. This means we may make changes other than those set out in these Terms of Use.

It won't be practical for us to notify you in advance of all content changes and instead you should keep checking the SD Digital website for details of what's available.

We will always try to avoid making any significant changes to the services which are likely to be to your material disadvantage, but, if we do so, we will aim to notify you in accordance with the Terms of Use.

Some of the content we provide is supplied by third parties. The availability of such content is outside our control and we may be unable to make certain videos available via SD Digital or we may be unable to show certain content on certain devices. We'll use our reasonable efforts to notify you in about device restrictions and the unavailability of certain content.

In some cases it might not be possible or practical to give you advance notice; for example, if an urgent change is required for security reasons, or due to a request or demand or threat of action from a regulatory authority or other third party, or the rate of VAT changes, or for any other reason which is beyond our reasonable control. In such circumstances we will give you as much notice as we consider practical and we may, at our sole discretion, issue a refund or part refund for the remainder of the current billing period unless you continue to use the services or relevant part of the services.

SECURITY

You are responsible for the security and proper use of your (and your Additional Users') log-in details and password, and all activities of your Additional Users including purchases. If you know or suspect that your, or an Additional User's, username or password has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately, and you must also ensure that any such username and password is changed as soon as possible. If we believe that there's been, or is likely to be, a breach of security we may suspend usernames or passwords and require that they are changed; we may also restrict your and any Additional Users use of all or any part of the service.

SD DIGITAL'S RIGHT TO CANCEL OUR AGREEMENT

We can cancel our agreement with you (or any part of it) at any time. If we cancel your agreement with us (or any part of it) after you’ve paid a payment, you’ll have access to the part of SD Digital to which the payment relates for the remainder of your usage month/period, but your subscription won’t automatically be renewed. If we cancel your agreement with us (or any part of it) after you have purchased content by way of a one-off payment (for example, by purchasing an offer), we may, at our sole discretion cancel the relevant entitlement and issue you with a full refund.

In any event, we may immediately suspend or restrict your (and your Additional Users') use of all or any part of the services and/or content without refunding or compensating you if:

  • you fail to make a payment you owe us or if your payment method fails;
  • you breach these Terms of Use or the terms of the SD Digital website, although for non-serious breaches we will first give you an opportunity to put things right which you will need to do within 7 days;
  • we suspect or believe that you've committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of the service or content;
  • you or your Additional Users have acted towards our staff or agents in a way which we reasonably consider to be inappropriate or unacceptable and sufficiently serious to justify restricting or ending your use of our service; or
  • it's not reasonably avoidable due to technical or operational reasons which are beyond our reasonable control.

SD DIGITAL'S RIGHT TO CHANGE THESE TERMS OF USE

We can change or add to these Terms of Use at any time for any of the following reasons:

  • we change, alter, improve or add to any of our services;
  • we intend to change the way we structure our services;
  • we change the way we provide our services (for example, we develop new technology to provide you with a better experience);
  • to help improve the security and operation of our technical infrastructure (for example, to prevent misuse of our Digital content platform);
  • we reorganise the way we structure or run our business;
  • to introduce new charges where the cost of running our service increases;
  • for valid legal or regulatory reasons or
  • to make our Terms of Use clearer or easier to understand or to have all our customers on the same Terms of Use.

In addition, we provide the services on an ongoing basis and we cannot foresee what may change in the future. This means we may make changes or additions to these Terms of Use for reasons other than those set out above.

If we make any changes to these Terms of Use and if we do we will notify you.

If any change materially disadvantages you we'll aim to notify you at least 21 days' before the change takes effect to give you the opportunity to manage your subscriptions and end your use of SD Digital. We will treat any purchases you make after the 21 day period as an indication from you that you are happy with the changes. If you object to the changes and cancel your subscription within the 21 day notice period the changes won't apply to you for the remainder of your usage month/period.

If a change to these Terms of Use needs to be made more quickly for security, legal or regulatory reasons we'll let you know as soon as we can.

The most up to date version of the Terms of Use will always be available via the SD Digital website and when we notify you that the Terms of Use are changing we recommend you print the latest version for your records.

LIABILITY

By signing up to use SD Digital, and using any part of the services and content, you agree that you will be responsible for your actions and omissions, and for the actions and omissions of your Additional Users. The services may present links to third party websites, ads or offers not owned or controlled by us – we're not responsible for these sites, ads or offers.

To the full extent permitted by law, we and our associated companies and agents exclude responsibility and all liabilities arising from:

  • a. any use of SD Digital which isn't authorised by us,
  • b. ending, suspending or restricting the services or content or any part of the services or content in accordance with these Terms of Use,
  • c. any delay, failure, act or default in relation to the provision of the services and the content,
  • d. errors, viruses or bugs present in or arising from your use of the service
  • e. incompatibility of the service or content with any other software or hardware (including compatible registered devices), and
  • f. any act or default of any third party.

Save that nothing in these Terms of Use will in any way limit or exclude any party's liability for (i) death or personal injury arising from negligence, or (ii) fraud, our total liability to you won't exceed the amount you've paid to access the SD Digital services in the 12 months preceding your bringing a claim relating to the SD Digital services or content.

We are not permitted to exclude our liability for certain matters, for example we cannot exclude our liability to you for providing digital content that is not of satisfactory quality or fit for purpose or that does not match its description. This clause shall not affect any such liability that we have to you.

If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.

Any part of these Terms of Use found to be unenforceable will be treated as deleted and the remainder of the Terms of Use will continue to govern the relationship between us and you.

English law governs your use of SD Digital, these Terms of Use and any dispute arising out of them, unless you live in Scotland in which case Scottish law will govern these matters. Any dispute under these Terms of Use can be dealt with by any UK court that can lawfully deal with the case, unless you live in Scotland in which case you can choose to bring a dispute before the courts in your country or in the UK courts instead.

The agreement between us and you is personal to you and no third party is entitled to benefit under it, except that your Additional Users can use the services in accordance with the permissions granted to them. We can transfer our rights and obligations under these Terms of Use to any company, firm or person. You may not transfer your right or obligations under these Terms of Use to anyone else.

SD DIGITAL COMPANY INFORMATION

SD Digital is a trading name of watch.learn.drive.com Ltd. Registered in England 8642764 VAT Registration Number 138 6251 07

watch.learn.drive. WLD House, Woolaston Rd, Redditch B98 7SG

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