1.1 These terms and conditions (Terms) are entered into between ServiceSplit Ltd, a company registered in England and Wales, with company registration number ServiceSplit Ltd (we, us or our) and you, together the Parties and each a Party.
1.2 We provide a cloud-based, software as a service platform where garages can set up and manage vehicle service plans with their retail customers and you can review and accept quotes, make payments, update payment methods and store documents between yourself and your garage (Platform).
1.3 In these Terms, you means the person or entity using the Platform. If you are agreeing to these Terms not as an individual but on behalf of your company, government, or other entity for which you are acting (for example, as an employee or governmental official), then you means your entity and you are binding your entity to these Terms.
2.1 You accept these Terms by checking the box, registering on the Platform, or using the Platform.
2.2 You must be at least 16 years old to use the Platform.
2.3 We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cease accessing the Platform.
2.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
2.6 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
3.1 Our Platform allows vehicle garages (Garages) to provide you with a quote for their services (Garage Services) upon acceptance of which, you can make regular pre-payments to the Garage prior to the provision of Garage Services (Service Plan). We provide the Platform (including hosting and maintaining the Platform) to users and facilitate the creation of Service Plans (ServiceSplit Services). You understand and agree that we only make available the ServiceSplit Services to you. We are not party to any agreement entered into between you and a Garage and we have no control over the conduct of Garages. You are responsible for entering into a service agreement with Garages for the provision of Garage Services to you.
3.2 For any disputes between you and a Garage, we encourage you to resolve these disputes (including claims for refunds) with Garage directly and in good faith. In the event that a dispute cannot be resolved through these means, you and the Garage may choose to resolve the dispute in any manner agreed between you or otherwise in accordance with applicable laws.
3.3 We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
3.4 Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via email. We will endeavour to respond to any support requests in a reasonable period.
3.5 You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, third party payment processors (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
3.6 You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
3.7 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
4.1 You must register on the Platform to access the Platform’s features. You will be invited to access the Platform via an email provided by your Garage.
4.2 You must provide basic information when registering for the Platform including your contact name and email address and you must choose a password.
4.3 All personal data you provide to us will be treated in accordance with our Privacy Policy.
4.4 You agree not to share your login details with any other person. Your login is personal and you must not transfer or provide it to others.
4.5 You are responsible for keeping your login details and your username and password confidential and you will be liable for all activity via your login. You agree to immediately notify us of any unauthorised use of your login.
5.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.
5.2 We authorise you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.
5.3 You must not, without our prior written consent:
6.1 You represent, warrant and agree that:
7.1 Neither Party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
7.2 The restrictions on liability in this clause 7 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
7.3 Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:
7.4 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
7.5 Subject to clauses 7.1 (no limitation in respect of deliberate default) and 7.3 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
8.1 We may revoke your access to the Platform at any time by giving 30 days written notice to you.
8.2 Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach. Should we determine that you are in breach of these Terms, your access to the Platform will be terminated immediately.
9.1 Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
9.2 Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
9.3 Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
9.4 Entire Terms: These Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
9.5 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
9.6 Governing Law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
9.7 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you sign up to the Platform. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
9.8 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
9.9 Third Party Sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
10.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
10.2 Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
10.3 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
For any questions or notices, please contact us at:
ServiceSplit Ltd, a company registered in England and Wales, with company registration number 15336883
Email: [email protected]