Terms of use

Quotemehappy Connect App Terms of Use

What's on this page:

  1. Introduction
  2. App Access Requirements
  3. Licence and Intellectual Property Rights
  4. Using the App & Device: Acceptable Use & Restrictions
  5. Data Protection
  6. Warranty Disclaimer
  7. Liability
  8. Termination
  9. Third Party App Store Terms
  10. Other Content Terms
  11. Events outside of our Control
  12. Contact Us
  13. General
  14. Changes
  15. About Us

1. Introduction

These terms of use (the “Terms”) govern your access and use of the Quotemehappy Connect mobile application (the “App”) and bluetooth car windscreen device (the “Device”) which are provided to you by IMS (part of Trak Global Group) on behalf of Quotemehappy.com (“Quotemehappy”, “QMH”, “us”, “we” or “our”). Quotemehappy.com is a trading name of Aviva UK Digital Limited. Full company information can be found in section 15 (About Us) of these Terms.

Please read these Terms carefully. By using the App or Device, you agree to be bound by these Terms. If you do not agree to these Terms, you cannot use the App or the Quotemehappy Connect services provided through the App and Device (the “Services”). A copy of these Terms is also available to view in the App.

Please refer to the Quotemehappy Connect Safe Driving Terms and Frequently Asked Questions available online at www.quotemehappy.com or in the App for more information about the App’s features and how the Device works.

If anything is unclear to you about these Terms, please contact us using the details in section 12 (Contact Us).

2. App Access Requirements

To use the App, you must be aged 16 years or over and have an active and valid Quotemehappy Connect car insurance policy.

This App uses the data connection of your smartphone unless connected to wi-fi. You are responsible for all network, data and other charges that you incur when downloading and using the App as well as complying with any terms of your network provider.

The App is only available to United Kingdom residents and complies with appropriate UK laws and regulations.

The App is compatible with the current and previous two versions of Google Android and Apple iOS smartphone software. Information on the minimum technical requirements for the App are available to view when you download the App from the Google and Apple app stores.

From time to time, future updates to the App may be issued through Google and Apple’s app stores. Depending on the update, you may not be able to use the App (or all of its functionality) until you have downloaded the latest version of the App and accepted any relevant new terms.

3. Licence and Intellectual Property Rights

We and IMS grant you a limited, revocable, non-exclusive, and non-transferable licence to (a) download and use the App on your smartphone and (b) use the Device, in accordance with these Terms and any other terms and conditions made available to you.

All rights are expressly reserved in all intellectual property of the App and the Device, including but not limited to:

  1. all trade marks, trading names, logos, service marks and icons which are the property of IMS or QMH unless otherwise identified; and
  2. all copyrights, design rights, patents, database rights, algorithms, software, and other intellectual property in the App and Device which IMS or QMH owns or is licensed to use, as well as the intellectual property rights in the content, data, branding, look and feel of the App and Device.

You must not use, extract, or reproduce our trade marks, or any App and Device content, except as expressly permitted by us. We may take legal action if we discover any unauthorised use or infringement or impairment of our or IMS intellectual property rights.

4. Using the App & Device: Acceptable Use & Restrictions

When using the App or Device, you must:

  • Act lawfully and in a way that is consistent with these Terms and any other applicable terms and conditions brought to your attention;
  • Provide information to us which is accurate, complete, and truthful; and
  • Treat your username, password, and any other security details for the App (your "Security Details") as confidential and take all reasonable steps to keep them secure. Do not disclose them to anyone. We will never ask you to disclose all your Security Details to us or to anyone else.
  • If you activate biometrics (for example, Touch ID) on your smartphone to enable access to the App, you should ensure that only your own biometrics are registered. If you know or suspect that anyone other than you know has access to or can circumvent your Security Details, you must contact us straight away using the contact details below. You may be held responsible for losses incurred if you do not comply with this section 4.

Unless we agree otherwise in writing, you must not do - nor try to do - any of the following things when using the App or Device:

  • Copy the Device or App, except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of backup or operational security;
  • Rent, lease, sublicense, loan, translate, merge, adapt, vary, or modify the App or Device;
  • Corrupt, damage or interfere with the App or Device such as making alterations or modifications to the whole or any part of the App or Device;
  • Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or Device;
  • Provide or otherwise make available the App or Device in whole or in part (including object and source code), in any form to any person; or
  • Access or use the App or Device in order to extract, scrape, republish or redistribute, or reproduce any part of them including through the use of bots or other electronic automatons.
  • Publish or post any material that is, in our reasonable opinion, defamatory, offensive or otherwise objectionable or inappropriate in relation to your use of the App, Device or any Services;
  • Use the App or Device in a way that could damage, disable, or overburden our or IMS’s IT systems or security or prejudice, harass or interfere with other users;
  • Act fraudulently, misleadingly or maliciously in your use of the App or Device;

The App and Device are for your personal use only and must not be used in any way for commercial purposes including for any form of resale or reutilisation.

You can use the App on any compatible smartphone that you own or control. You cannot use the App on any smartphone that you do not own or control nor on any other computing equipment.

If you sell or transfer ownership of your smartphone to anyone else, you must delete the App before doing so. We do not accept responsibility for any loss you suffer as a result of not doing so.

You agree not to use the App or Device for any purpose that is prohibited by applicable national or international laws, including driving laws, rules and codes. You are responsible for your use of the App and Device and agree that such use is at your own risk.

We may take legal action if we discover any unauthorised access to, misappropriation, misuse of or interference with the App or Device.

5. Data Protection

Aviva Insurance Limited underwrites your Quotemehappy Connect policy and is the main company responsible for your personal information (known as the controller) collected through your use of the App and the Device. Aviva UK Digital Limited, trading as Quotemehappy.com, acts an additional controller for the sale and distribution of the Quotemehappy Connect policy. Please see our QMH Connect Privacy Policy here for information on how your personal information will be used in connection with the App and Device.

6. Warranty Disclaimer

We make no express or implied representations or warranties whatsoever regarding the use, performance, functionality, support or operation of the App, Device or any third party content or software. By way of example, but not of limitation, we make no representations or warranties of title, noninfringement, merchantability, or fitness for a particular purpose of the App or Device. We do not warrant that the functionality or operation of the App or Device will be uninterrupted or free from error or that any defects will be corrected. It is further understood by you that no commitment exists on the part of us to provide the App or Device in a condition suitable for use by you. You acknowledge that the App and Device are delivered on an “as is”, “with all faults” and “as available” basis and that your use of the App or Device shall be at your sole risk.

7. Liability

To the maximum extent permitted by law, we and IMS shall not be liable for any losses or damages, whether these arise directly or indirectly as a result of your use of the App or Device, and whether under contract or tort (including negligence), resulting from (a) the use, or the inability to use, the App or Device; (b) unauthorised access to or alteration or loss of your data; or (c) any other matter relating to the App or Device.

Not withstanding any other provisions in these Terms, we are responsible and do not limit or exclude our liability for compensating you for personal injury or death caused by our negligence, for fraud or for any other liability which cannot be legally excluded or limited.

Nothing in these Terms restricts or affects any legal rights you may have as a consumer.

8. Termination

We reserve the right to suspend or terminate your access and use of the App or Device at any time, with or without cause. Cause for such actions include:

  1. suspected or actual breach of these Terms or any other applicable terms and conditions brought to your attention, including the App Store Terms (see section 9).
  2. a request by you to cancel or terminate your App account;
  3. a request and/or order from law enforcement, a judicial body, or other government agency;
  4. unexpected technical or security issues or problems;
  5. your participation in fraudulent or illegal activities; or
  6. cancellation of your QMH Connect policy.

You agree that any suspension or termination of your access to the App may take place without prior notice, and you agree that we may immediately deactivate, archive, or delete your information and files stored in your account.

We shall not be liable to you or any third party for any suspension or termination of your access to the App.

9. Third Party App Store Terms

Your use of the App is also subject to any terms, rules, or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the App from (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. Regardless of anything else in these Terms, if you have downloaded the App from the Apple App Store you agree to the following:

  1. These Terms are between us and you only, and not with Apple Inc (“Apple”) and we (and our licensors) are responsible for the App and its content;
  2. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries under these Terms and that upon acceptance of these Terms, Apple will have the right to enforce these Terms against you directly;
  3. Your rights to use the App is limited to a non-transferable license to use it on any Apple device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms;
  4. We and our licensors are solely responsible for providing any maintenance and support services with respect to the App and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  5. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
  6. You acknowledge that we, not Apple, are responsible for addressing any claims relating to the App or your possession and/or use of it, including, but not limited to product liability claims, claims arising under consumer protection, privacy or similar legislation, and any claim that the App fails to conform to any other applicable legal or regulatory requirement;
  7. You acknowledge that in the event of any third party claim that alleges the App or your possession and use of it infringes a third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; and
  8. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Other Content Terms

The App may include third party published information, videos, articles, and tools to help you make the most of the App and Services (“Third Party Content”). This Third Party Content does not represent the views or opinions of us or the Aviva Group and we are not responsible for the validity or accuracy of such Third Party Content.

The App may also contain hyperlinks to websites and resources owned and operated by third parties. These Terms do not apply to those websites or resources. You should review the safety, content and validity of those websites or resources, and their terms and policies, very carefully. We have no control over the contents of those websites or resources and cannot accept responsibility for them.

11. Events outside of our Control

We will use reasonable efforts to make the App and Device available at all times. However, we cannot be responsible for any non-availability or delay in providing the App, Device or the Services or any errors or reduction in quality due to factors which are outside our control. This includes failures of the internet and mobile networks, the performance of your smartphone (e.g., bluetooth connection with the Device) or other equipment and unpredictable events such as adverse weather conditions or technical failures (including where such failures are the result of malicious or unauthorised activity), despite our reasonable preventative measures and steps to overcome them.

Internet transmissions cannot be guaranteed to be completely private or secure. Any message or information sent using the App could be read or intercepted by others, even if there is a notice that a transmission is encrypted.

12. Contact Us

If you have any general queries or complaints regarding the App or the Device, please visit www.help.quotemehappy.com to get in contact with us.

13. General

We may transfer our rights and obligations under these Terms to another Aviva Group company or to a third party, but we will always notify you in writing if this happens, and this will not affect your rights or our obligations under these Terms.

With the exception of Aviva Group companies and where applicable, IMS or App Store Providers, no other person except you and us shall have any rights to enforce any of these Terms.

If any term, condition or provision in these Terms are found to be invalid, unlawful, or unenforceable to any extent, the remaining terms, conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law.

If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have given up our rights against you and will not mean that you do not have to comply with those obligations.

Any provisions of these Terms which expressly states it is to continue in effect after termination or expiration, or which by its nature would survive the termination or expiration shall do so.

References in these Terms to "for example", "including" or similar phrases are for illustrative purposes only and they should not be read as limiting the sense or scope of what follows them.

These Terms are governed by the laws of England and Wales. You agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including noncontractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

14. Changes

We many change, suspend or withdraw any element of the App, Device and the Services at any time. We may also update these Terms at any time, so please frequently check back here for the current version. Where we make a material change to these Terms, we will notify you of the change(s), and you may be required to read and accept the new Terms to continue using the App, Device and the Services.

These Terms were last updated on 27/09/2022

15. About Us

Aviva UK Digital Limited is registered in England & Wales with company number 09766150 and has its registered office at 8 Surrey Street, Norwich, Norfolk, NR1 3NG.

Aviva Insurance Limited is registered in Scotland with company number SC002116 and has its registered office at Pitheavlis, Perth, PH2 0NH.

IMS (part of the TRAK Group) is registered in England & Wales with company number 06944694 and has its registered office at Global House, Westmere Drive, Crewe, Cheshire, CW1 6ZD.

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