Terms of Use

www.motoriety.co.uk
Terms & Conditions of use for Motorists

(For Terms & Conditions of use
for Garages, please click here)

 Make sure
you are aware of and agree to these 2 key user requirements:

  1. It is a condition of
    booking-in with a garage via Motoriety that you rate and review your experience
    of that business. 
    When requesting a booking at a garage via Motoriety.co.uk you
    agree to rate and review your experience of that garage after they have
    completed work on your vehicle, via the Motoriety rating and review process.
  2. Likewise, it is a
    condition of a garage accepting your booking request to digitally verify the
    works completed, to your Motoriety account. The digitally verified works will
    only
    be credited to your Motoriety AUTObiography once you have completed the review
    and rating process.

These two aspects of this process are linked, and designed to
benefit both the motorist and the garage and therefore require your agreement
and participation in order to fulfill the mutually beneficial process.


And now,
for the legal wording:

 1              
Introduction

1.1          
These
terms of use explain how you may use this website (the ‘Site’). References in
these terms to the Site means www.motoriety.co.uk
and all associated web pages. You should read these terms and conditions
carefully before using the Site. By accessing or using this Site or otherwise
indicating your consent, you agree to be bound by these terms and conditions
and the documents referred to in them. If you do not agree with or accept any
of these terms, you should cease using the Site immediately. If you have any
questions about this website, please contact us.

1.2          
Definitions

Content
means any text, images,
video, audio or other multimedia content, software or other information or
material submitted to, subsisting on or accessible from the Site

Garage
means a third party motor
vehicle service and repair business that is registered on the Site.

We,
us or our
   means
Motoriety UK Limited, company registration number 8395224 and whose registered
office is at 18 Hyde Gardens, Eastbourne, East Sussex, BN21 4PT.

You
or your
means the person
accessing or using the Site or its Content

1.3          
Privacy Statement: these terms include our Privacy Statement which shall be
subject to these terms in the event of any conflict or inconsistency. You can read our Privacy
Statement by clicking here.

1.4          
Accessibility:
we
seek to make this Site as accessible as possible. If you have
any problems accessing this Site or the content contained on it, please contact
us.

2              
Restrictions
& Obligations on use

2.1          
The
Site is for your
personal use
only. As a condition of your use of the Site, you agree:

2.1.1     
not
to use the Site for any purpose that is unlawful under applicable law, or
prohibited by these terms and conditions;

2.1.2     
not
to defame or disparage anybody or make comments of an obscene, derogatory or
offensive manner or otherwise use the Site or its Content
in a way that brings us or any third party into disrepute or causes us to be
liable to any third party;

2.1.3     
not
to reverse engineer,
decompile, copy, modify, distribute, transmit, license, sublicense, display,
revise, perform, transfer, sell or otherwise
make available to any third party or otherwise publish, deep-link,
create derivative works from or exploit in any way the Site or its Content
except as permitted by us under these terms or as expressly provided under
applicable law and/or under any Additional Terms;

2.1.4     
not
to use the Site to distribute viruses or malware or other similar harmful
software code;

2.1.5     
not
to represent or suggest that we endorse any other business, product
or service unless we
have separately agreed to do so in writing; and

2.1.6     
that you are
solely responsible for all costs and expenses you may incur in relation to your use
of the Site and shall be solely responsible for keeping your
password and other account details confidential.

2.1.7     
that
once you have used the Site to assist in managing the booking of your vehicle’s
service or repair that you will write a review on the Garage using the reviews
section of the Site.

2.2          
We reserve the right to prevent or suspend your access to the Site if you do
not comply with any part of these terms and conditions or any applicable law.

3              
Ownership,
use and intellectual property rights

3.1          
This
Site and all intellectual property rights in the Site (including without
limitation any Content)
are owned by us
and/or our
licensors. We
and our
licensors reserve all our intellectual property rights (which include without
limitation all copyright, trade marks, domain names, design rights, database
rights, patents and all other intellectual property rights of any kind) whether
registered or unregistered anywhere in the world.

3.2          
Nothing
in these terms and conditions grants you any rights in the Site other than
as necessary to enable you to access the Site. You agree not to adjust to try to
circumvent or delete any intellectual property notices contained on the Site
and in particular in any digital rights or other security technology embedded
or contained within any Site Content.

4              
Submitting
information to the Site

4.1          
By
transmitting or posting any submission or other material to us, you irrevocably
agree that, subject to our Privacy Statement, we are entitled to use any such
information in any manner we see fit (including reproduction,
transmission, publication, broadcast, and posting on any media and anywhere in
the world) on a free of charge basis. We shall not be subject to any
obligation of confidentiality nor be liable for any use and/or disclosure of
such submissions.

4.2          
Where
our
Site enables you
to communicate with us and/or other users of the Site, you may
not use the Site to transmit harmful or offensive (e.g. violent, obscene,
discriminatory, defamatory or otherwise illegal) communications or material
which might otherwise bring us or the Site into disrepute. Although
we
reserve the right to monitor, edit, review or remove discussions, chats,
postings, transmissions, bulletin boards and similar communications on the Site
from time to time, we are under no obligation to do so and assume no
responsibility or liability arising from any Content posted on the Site nor for any
error, omission, infringement, defamatory statement, obscenity, or inaccuracy
contained in any such information. Our right to use submissions or other
material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own
material yourself subject to applicable law.

4.3          
You represent and warrant that any Content you supply to us is
lawfully provided to us and that you have all necessary consents to
provide this to us
and that we shall be
entitled to disclose your name with any such Content that we may choose to
publish
. You agree that you waive all moral rights you may
have in any such Content
but that any personal data you supply with your Content
may, if we
choose to do so, be used by us as described in our
Privacy Statement.

5              
Accuracy
of information and availability of the Site

5.1          
While
we
use reasonable efforts to include accurate and up-to-date information on the
Site, we
do not represent, warrant or promise (whether expressly or by implication) that
any Content
is or remains available, accurate, complete and up to date, free from bugs,
errors or omissions or fit or suitable for any purpose. Any reliance you may
place on the information on this Site is at your own risk and we may
suspend or terminate operation of the Site at any time at our sole
discretion. Nothing in these terms and conditions shall operate to prejudice
any mandatory statutory requirement or your statutory rights. Content
on the Site is provided for your general information purposes only
and to inform you
about us
and our
products and news, features, services and other websites, which may be of
interest. It does not constitute technical, financial or legal advice or any
other type of advice and should not be relied on for any purposes.

5.2          
While
we
make commercially reasonable efforts to ensure that the Site is available, we do
not represent, warrant or guarantee in any way the Site’s continued
availability at all times or uninterrupted use by you of
the Site.

6              
Hyperlinks
and third party sites

6.1          
The
Site may contain hyperlinks or references to third party websites other than
the Site. Any such hyperlinks or references are provided for your
convenience only. We
have no control over third party websites and accept no responsibility for any
content, material or information contained in them. The display of any
hyperlink and reference to any third party website does not constitute an
endorsement of such third party’s website, products or services. Your use
of a third party site may be governed by the terms and conditions of that third
party site.

7              
Contracts
with third parties

7.1          
Through
our website you may contact third party companies e.g. to book your vehicle for
service and repair or obtain insurance quotations. You acknowledge that any
correspondence and any contracts that are agreed with such third parties are
between you and the relevant third party. 
We do not have any control over the third party and accept no
responsibility for act or omission by that third party.

7.2          

Quotation forms for car insurance and breakdown insurance are owned and operated by Seopa Ltd who are authorised and regulated by the Financial Conduct Authority (FCA).
Uploading and storage of insurance-related documents within a user’s Motoriety account is not covered by the Seopa IAR arrangement.

8              
Warranties
and limitation of liability

8.1          
You agree that your use of the Site is on an ‘as available’ basis. As
stated above, except as otherwise expressly required by applicable law, we make
no representations, warranties, conditions or other terms (whether express or
implied) in relation to the provision of the Site, including without limitation
as to completeness, accuracy and currency or any Content
on the Site, or as to satisfactory quality, or fitness for particular purpose.

8.2          
To
the maximum extent permitted by applicable law, we exclude all liability (whether
arising in contract, tort, breach of statutory duty or otherwise) which we may
otherwise have to you
as a result of any error or inaccuracies in any Content, the unavailability of the Site
for whatsoever reason, and any representation or statement made on the Site.

8.3          
We will not be liable for any loss or damage we cause
which we
could not reasonably anticipate when you started using the Site, for example
if you
lose revenue, salary, profits or reputation as a result of your use
of the Site and/or the acts or omissions of any third party such as other users
of the Site or any other indirect or consequential loss or damage you may
incur in relation to the Site and its Content.

8.4          
Notwithstanding
any other provision of these terms and conditions, we do
not exclude or limit our liability for death or personal injury arising from our
negligence, for any fraudulent misrepresentation made by us on
the Site or for any other statutory rights which are not capable of being
excluded.

9              
General

9.1          
These
terms are dated 23rd November 2013. No changes to these terms are
valid or have any effect unless agreed by us in writing. We
reserve the right to vary these terms and conditions from time to time. Our new
terms will be displayed on the Site and by continuing to use and access the
Site following such changes, you agree to be bound by any variation
made by us.
It is your
responsibility to check these terms and conditions from time to time to verify
such variations.

9.2          
Unless
otherwise expressly stated in these terms and conditions, all notices from you to us must
be in writing and sent to our contact address stated above and
all notices from us
to you
will be displayed on our website from to time.

9.3          
We shall have no liability to you for any breach of these terms
caused by any event or circumstance beyond our reasonable control including,
without limitation, strikes, lock-outs and other industrial disputes, breakdown
of systems or network access, flood, fire, explosion or accident.

9.4          
If
any part of these terms and conditions is unenforceable (including any
provision in which we exclude or limit our liability to you) the
enforceability of any other part of these terms and conditions will not be
affected. If we
choose not to enforce any right that we have against you at
any time, then this does not prevent us from later deciding to exercise or
enforce that right.

9.5          
Except
for our
group companies, affiliates, directors, employees or representatives, a person
who is not a party to this agreement has no right under the United Kingdom
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
agreement but this does not affect any right or remedy of a third party that
exists or is available apart from that Act.

9.6          
These
terms and conditions together with the Privacy Statement and any applicable
contain the entire understanding and agreement between us and you in
relation to your
use of the Site and supersede and replace any representation, statement or
other communication (whether written or otherwise) made by you or us which
is not contained herein. Save for fraud or fraudulent misrepresentation, we shall
have no liability for any such representation being untrue or misleading.

9.7          
You may not assign, sub-license or otherwise transfer any of your
rights and obligations in these terms to any other person.

9.8          
We
reserve the right to terminate your access to the Site at anytime.

9.9          
This
Contract will be governed by the law of England and Wales. Disputes will be
submitted to the exclusive jurisdiction of the courts of England and Wales.