Terms and Conditions of use for Garages
(For Terms & Conditions of use for Motorists, please click here)
Make sure you are aware of and agree to these 3 key commitments – as they are not optional:
- It is a condition of accepting the booking request of a Motoriety customer that you digitally verify the works undertaken to the customer’s Motoriety account. By accepting a booking from motorists via motoriety.co.uk you agree to digitally verify the works completed to that vehicle, directly to the motorist’s Motoriety account, via your secure log-in to the Motoriety.co.uk website. This digital verification is a condition of accepting the booking and is not optional.
- In return the motorist is obliged to rate and review your business. The digitally verified works will only be credited to the motorist’s account once they have completed the Motoriety review and rating process for your business. You can respond to this review if you wish. 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 fulfil the mutually beneficial process.
- Fraudulent verification or addition of incorrect service history information will result in your listing being permanently removed from Motoriety.co.uk and your business being reported to Trading Standards, and any other other law enforcement authorities, plus any industry scheme you are affiliated to.
And now, for the legal wording:
Bribery Laws means the Bribery Act 2010 and all other applicable UK legislation,regulations and codes in relation to bribery or corruption and any similar or equivalent legislation in any other relevant jurisdiction.
Business Days means a day other thanSaturday, Sunday and public holidays.
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
Motorist means any individual using the Site to book a motor vehicle for service and/or repair.
Services means your registration on the Site and any other activities conducted through the Site including but not limited to any vehicle bookings for service and repair and any marketing activities.
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 any business 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 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;
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;
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 serviced or repaired a Motorist’s vehicle that you will digitally verify the work that has been done using 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. 2.3 We would like to emphasise the importance that Motoriety attaches to the integrity of business dealings. As stated above, we reserve the right to prevent or suspend access to the Site in the event of any breach of these terms. We will also take further appropriate action including reporting breaches to Trading Standards and other law enforcement authorities.
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
Through our website you may correspond and contract with Motorists. You acknowledge that any correspondence and any contracts that are agreed with such Motorist are between you and the relevant Motorist. We do not have any control over the Motorist and accept no responsibility for any act or omission by that Motorist.
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 Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed the amounts paid by you to us in relation to your use of the Site or its Content in the prior 12 months from the date you first made a complaint to us.
8.5 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.
9.1 We shall notify you from time to time for the fees applicable to the provision of the Services.
9.2 Any fees quoted do not include VAT unless expressly stated otherwise.
9.3 You shall pay our invoice in full, without deduction or set-off other than as required by law, in cleared funds within 30 days of the invoice date.
9.4 Where sums due hereunder are not paid in full by the due date:
9.4.1 the Seller may, without limiting its other rights, charge interest on such sums at two % a year above the base rate of HSBC bank from time to time in force, and 9.4.2 interest will accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
9.5 VAT will be charged by the Seller and paid by the Buyer at the then-applicable rate.
10 General 10.1 These terms are dated 23rd November 2013. No changes to these terms are valid or have an 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.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
10.6 These terms and conditions together with the Privacy Statement 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. 10.7 You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.
10.8 The parties are independent businesses and not principal and agent, partners, or employer and employee.
10.9 If any part of these Conditions is found by a court, tribunal or other administrative body of competent jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from the Conditions and the remaining provisions of the Conditions will otherwise remain in full force.
10.10 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.
11.1 In addition to any other termination rights stated in these terms either party may terminate this contract at any time on 30 days written notice. 11.2 On termination of the Contract for any reason:
11.2.1 you will immediately pay all invoices due to us then outstanding and not disputed in good faith;
11.2.2 we will, within 10 Business Days, invoice you for all Services delivered or provided but not yet invoiced and you will pay such invoice within a further 5 Business Days (unless the invoice is disputed in good faith);
11.2.3 the accrued rights and liabilities of the parties will not be affected; and 11.2.4 any clause which expressly or by implication are to survive termination will do so.
12 Compliance with Laws
12.1 Each party shall comply with applicable Bribery Laws, including ensuring that it has in place adequate procedures to prevent bribery and use all reasonable endeavours to ensure that:
12.1.1 all of that party’s personnel
12.1.2 all others associated with that party, and
12.1.3 all of that party’s subcontractors,
12.2 involved in performing the Services or with this Agreement so comply. The expressions 'adequate procedures' and 'associated' shall be construed in accordance with the Bribery Act 2010 and documents published under it
12.3 Without limitation to the above sub-clause, neither party shall make or receive any bribe (as defined in the Bribery Act 2010) or other improper payment, or allow any such to be made or received on its behalf, either in the United Kingdom or elsewhere, and will implement and maintain adequate procedures to ensure that such bribes or payments are not made or received directly or indirectly on its behalf.