We are what3words Limited, a company registered in England and Wales under company number 08430008 and with our registered office at Studio 301 Great Western Studios, 65 Alfred Rd, London, England, W2 5EU, UK. References to “what3words”, “we”, “us” and “our” are references to what3words Limited.
These Terms govern your use of the 3WordAuto iOS and/or Android applications (“3WordAuto”), which allows you to voice command a three word address location on the 3WordAuto app using your personal device and send such three word address location to your Mercedes-Benz car.
Please read these Terms carefully before using the 3WordAuto app. If you do not agree to them in their entirety, then you may not use the 3WordAuto app. Please note that by using any the 3WordAuto app, you agree to be bound by these Terms and any other documents expressly referred to in them.
These Terms apply in addition to any other policy or agreement that you may have with what3words, including our main Terms and Conditions, as found here: which apply if you use the what3words website and consumer mobile application.
We recommend that you save or print a copy of these Terms, so that you can keep them for future reference. However, we may amend these Terms from time to time, and so every time you wish to use 3WordAuto, the latest version of the Terms is that version which will apply to your use of the what3words Products.
1. MERCEDES-BENZ AG
2. USING THE 3WORDAUTO APP
In order to use the 3WordAuto app, you will need to login via your Mercedes me account, after which your login details will be authenticated. You do not require a what3words customer account to use the 3WordAuto app.
The 3WordAuto app is available in the following languages: Arabic, English, German, Hindi, Japanese, Korean, Mandarin and Spanish and is available worldwide (subject to the continued availability of the Mercedes me account in the relevant region in the world). The 3WordAuto app will be available worldwide .
Using 3WordAuto consists of you speaking a three word address location into the 3WordAuto app, in which you are requesting it send your three word address location to your Mercedes-Benz car.
3WordAuto will then send back the suggested three word address location to your Mercedes-Benz car, so that you may continue with your transportation from your selected Mercedes-Benz car.
Any command (voice or otherwise) given to the 3WordAuto app from your personal device will be treated as authorised by you.
In order to use 3WordAuto you must: (1) be 18 years or older; (2) have an internet connection; (3) have a Mercedes me account; (4) If you are using a GPS enabled device, enable this function so that we are able to suggest the three word address which is closest to the three word location that you voice command; (5) allow us to access your device location. If you do not agree or cannot comply with these restrictions, then you may not use the 3WordAuto app.
4. THIRD PARTY SECURITY
Depending on the security settings of your personal device, it may be possible for you to allow others to access the 3WordAuto app. By allowing other users to access and/or use the 3WordAuto app, you assume all liability and responsibility for how the 3WordAuto app is accessed and/or used. what3words will not be responsible for any use of the 3WordAuto app by anybody other than you.
5. PERSONAL DATA
The only way to login to the 3WordAuto app is by using your “Mercedes me connect” account (pursuant to your agreement with Mercedes-Benz) (“Mercedes me”). Once you have logged into the 3WordAuto app by using your Mercedes me account, the following personal data will be shared with us by Mercedes-Benz:
● your Mercedes me login token which allows you to use the 3WordAuto app (the login token is an alphabetical and/or numerical code generated and used by Mercedes-Benz to authenticate your credentials); and
● your Mercedes-Benz car selection (i.e. which Mercedes-Benz car to send the 3 word address to),
(together, “Mercedes me data”).
With respect to the sharing of Mercedes me data by Mercedes-Benz (“Stage 1”) with us and our processing of Mercedes me data in the 3WordAuto app (“Stage 2”), Mercedes-Benz and we are jointly responsible as so-called joint data controllers.
The purposes for which this data is shared with us and processed in our 3Word Auto app are:
- to operate the 3WordAuto app; and
- to provide the 3WordAuto app services to you.
Please note that we do not store your login token or car selection on our servers.
Whilst we may (1) use your current location, or device location, to enable our autosuggest function to suggest the most appropriate three word address location, and (2) receive your voice command and your car selection to enable us to send the relevant three word location to your Mercedes-Benz car, we do not retain this data. Additionally, in the absence of any other identifier (such as IP address or device ID), this does not amount to personal data and we do not have any way of identifying you as a user of 3WordAuto.
6. THREE WORD ADDRESSES
While we have made all reasonable efforts to remove potentially offensive words from our three word addresses, we shall not be liable to you for any words, word combinations or word orders which may be offensive, upsetting or annoying in any way or for any reason to you, to anyone receiving those words for any purpose (for example, in communicating the location described by the words in question) or to anyone or anything associated with the location described by those three words.
We do not intend to make changes to words in our list of three word addresses or any three word address, but we cannot rule out that in exceptional circumstances this may be necessary. Accordingly, we reserve the right to change any words in our list of three word addresses and any three word address and shall not be liable to you if any three word address previously supplied ceases to work or for any consequences of such cessation. In the event that we do have to make any changes, we will implement an appropriate transition plan to minimise disruption.
Nothing in these Terms is intended to transfer to you, Mercedes-Benz or any third party any intellectual property rights in our list of three word addresses, in any three word address, any software we have developed or in any product or service we provide.
7. OUR LIABILITY TO YOU
We provide the 3WordAuto app to you only for domestic and private use and not for any commercial or business purposes. We will therefore not have any liability to you for any loss of profits, loss of business or loss of business opportunity, or for any business interruption.
We shall not be liable to you for any failure, however caused, in the 3WordAuto app, or its functioning or its ability to identify a location or find the three words for any location, or for any consequence of such failure.
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 and for fraud or fraudulent misrepresentation.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms, that is caused by an Event Outside Our Control. An “Event Outside Our Control” is: “any act or event beyond our reasonable control, including without limitation accident to or breakdown of delivery vehicle, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.”
8. CHANGES AND MODIFICATIONS
what3words reserves the right to modify or discontinue the 3WordAuto app at any time without prior notice.
what3words reserves the right to amend these Terms from time to time. The latest version of Terms shall be always available on the what3words website. Any amendments shall become part of these Terms. If you continue using the 3WordAuto app after the amendments have taken effect, we will assume that you agree with the amendments and they shall become effective for you. Should you object to the amendments, the amendments shall not be effective for you and as a result you shall not be entitled to use the 3WordAuto app anymore.
what3words may terminate your access to the 3WordAuto app at any time and without notice if you fail to comply with any of the terms herein.
These Terms are between you and us. No other person shall have any rights to enforce any part of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise and we and you will not need their consent to cancel or make any changes to these Terms.
If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it will be deemed deleted, but that will not affect the validity and enforceability of the rest of the Terms.
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 waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
The 3WordAuto app may contain third party software, for which what3words is required to provide attribution, which are available under open source or free software licenses. Please click on the following link for further information: Third Party Legal Notices.
These Terms are governed by and interpreted in accordance with English law. This means any dispute or claim arising out of or in connection with these Terms will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.