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Smart Servicing Centre

LEGAL DOCUMENTS


TERMS AND CONDITIONS.

  • We, the Smart Servicing Centre Limited (here-in-after ‘Company’) registered at 19 Hollydale Close  Reading, RG28LL are the provider of the services being extended/offered by the company. Our Company’s incorporation No. is 11735608. We are referred to in these terms and conditions of use as “Smart Servicing Centre Limited”.
  • Any person, company or partnership registering as a mechanic or garage on the “Smart Servicing Centre Limited” is referred to in these terms and conditions of use as Mechanic/Garage”. If you have any questions/queries about the Company’s Platform, please contact info@SmartServicingCentre.co.uk.
  • These terms explain the basis on which the Mechanic may use the “Smart Servicing Centre Limited” promotion, introduction, and payment collection service provided by means of the site at SmartServicingCentre.co.uk and the ‘Smart Servicing Centre Limited’ mobile application (collectively, these are referred to as the “Platform”).

REGISTRATION FORM & PROCESS.

  • By signing the online form to which these Terms are attached or by indicating your acceptance of them by any other means, (such form or other means are referred to in these Terms as the “Registration Form”), the Mechanic or Garage agrees to be bound by the following terms and conditions and any terms specified in the Registration Form. The Registration Form and these terms and conditions are referred to together as “the Agreement”. As a condition of using the Platform, the Mechanic or Garage must obtain and send to “Smart Servicing Centre Limited” satisfactory proof of its Motor Trade Combined Insurance.
  • Smart Servicing Centre Limited is a marketplace through which vehicle owners can request the provision of repairs, servicing, diagnostic and inspection services (and related auto parts) and are connected with mechanics based on their location, availability and other factors. Smart Servicing Centre Limited acts as an agent for the Mechanic or Garage in introducing the Mechanic or Garage to potential customers and has integrated a payment service provider to collect agreed charges from the customer on behalf of the Mechanic or Garage. No contract exists between Smart Servicing Centre Limited and the Mechanic or Garage, or Company and the Customer, for the fulfillment of any repairs, servicing, diagnostic or inspection services (or related auto parts). Smart Servicing Centre Limited acts as an intermediary between the Mechanic or Garage and the Customer. All contractual arrangements for the fulfillment of any of those services or parts are solely between the Mechanic or Garage and the Customer.
  • The Mechanic or Garage should read these terms and conditions carefully before using the Company’s Platform. In particular, it should be aware that:
  • Clause 5.8 authorizes Smart Servicing Centre Limited to recover unpaid Commission on one job from sums payable to the Mechanic or Garage by a Customer on another job;
  • Clause 9.6 contains a release from the Mechanic or Garage to us in respect of any claims arising in respect of a contract with a Customer; and
  • Clause 20 contains important limitations and exclusions of our liability to the Mechanic or Garage.
  • If the Mechanic or Garage does not agree with or accept any of these terms, they should stop using the Company’s Platform immediately.
  • Smart Servicing Centre Limited may revise the terms of the Agreement at any time by notifying the Mechanic or Garage by means of the contact details specified in the Registration Form. Smart Servicing Centre Limited will give the Mechanic or Garage prior notice of such variation by means of the Platform.

DEFINITIONS

In this Agreement, unless otherwise provided:

  • ‘Auto Services’ means all auto repair, servicing, diagnostic and inspection services, and any related services provided by the Mechanic or Garage to any Customer further to a Booking.
  • ‘Agreed Charges’ means sums agreed between a Mechanic or Garage and a Customer as being payable in respect of Auto Services and Parts under a Booking.
  • ‘ASAP Booking’ means a Customer Request which a Customer has specified as being for Auto Services required on the same date or the following two calendar days of the Customer Request.
  • ‘Bribery Laws’ has the meaning set out in clause 16.
  • ‘Booking’ means a contract concluded as set out in clause 6.2, for the provision of Auto Services and (if applicable) Parts, entered into between the Mechanic or Garage and a
  • Customer who was Introduced to the Mechanic or Garage by Company i.e. Smart Servicing Centre Limited.
  • ‘Booking Policies’ means the Smart Servicing Centre Limited Booking Policies (including cancellation policy) from time to time in force, or as updated (in future) and notified by the Company to the Mechanic. The version current as of the date of the Mechanic’s or Garage’s acceptance of these terms is set out below.
  • ‘Customer’ means a person in the United Kingdom whose contact information is provided by Smart Servicing Centre Limited to the Mechanic or Garage.
  • ‘Commission’ means15% or a maximum of £49.95 whichever is less of the Total order amount; minus (if payments charged by means of the
  • Payment Service Provider as integrated into the Platform) a sum equivalent to the
  • Payment Service Provider’s standard processing fee for a UK debit or credit card (currently 1.4% + 20p excluding VAT); plus any applicable VAT.
  • ‘Customer Data’ means personal data of the Customer disclosed by the Customer by means of the Platform in requesting the Auto Services, and in the course of providing the Auto Services.
  • ‘Customer Request’ means a request for Auto Services made by a Customer on the Platform. ‘Code of Conduct’ means a set of good industry practice requirements observed by reputable members of the motor trade, available at www.SmartServicingCentre.co.uk, as may be updated and notified to the Mechanic or Garage. The version current as of the date of the Mechanic’s or Garage’s acceptance of these terms is set out below.
  • ‘Commencement Date’ has the meaning set out in clause 17.
  • ‘Data Protection Rules’ means the Data Protection Act 2018 (and any replacement or substitute for it), and any other applicable data protection, privacy laws or privacy regulations.
  • ‘Introduction’ means the provision to the Mechanic of the details of a Customer Request. Introduce, Introduces and Introduced will be interpreted in accordance with Introduction.
  • ‘Mechanic or Garage Content’ means any information and materials provided to Smart Servicing Centre Limited in connection with the Mechanic’s/Garage’s registration for and use of the Platform (including images and text) and any rights in the Mechanic’s/Garage’s brand, trademarks, likeness or image represented in that information or materials.
  • ‘Mechanic/Garage Profile’ means the public profile of the Mechanic or Garage displayed to Customers and potential Customers by means of the Platform.
  • ‘Minimum Information Requirements’ means the information required by traders to be presented to customers when making an online transaction, as notified by Smart Servicing Centre Limited to the Mechanic or Garage from time to time.
  • ‘Motor Trade Combined Insurance’ means an insurance policy comprising cover for Public Liability, liability when driving Customer’s vehicles and (if notified as a requirement by Company at any time) product liability and defective workmanship liability.
  • ‘Net Income’ means the charges made by the Mechanic or Garage for the Auto Services and Parts under a Booking.
  • ‘Payment Service Provider’ means the independent payment service provider (Stripe, as at the date of this Agreement) integrated into the Platform, appointed by the Mechanic or Garage to receive payment for the Agreed Charges.
  • ‘Parts’ means any auto parts, spares or other goods or materials provided to a Customer under a Booking.
  • ‘Standard Operating Procedures’ means the set of procedures entitled ‘Standard Operating Procedures’ specified by ‘Smart Servicing Centre Limited’ in respect of Bookings.
  • ‘Warranty Requirements’ means the requirements in respect of customer warranties, set out at www.SmartServicingCentre.co.uk as updated and notified to the Mechanic or Garage from time to time by Smart Servicing Centre Limited. The version current as of the date of the Mechanic’s/Garage’s acceptance of these terms is set out below.
  • ‘Working Day’ means Monday – Friday excluding public holidays in England and Wales.

THE PLATFORM

  • The Mechanic or Garage appoints Smart Servicing Centre Limited on a nonexclusive basis to find Customers for the Mechanic or Garage in the United Kingdom to make Introductions and facilitate Bookings on the terms of this Agreement, and Smart Servicing Centre Limited accepts such appointment.
  • The Mechanic or Garage acknowledges that other auto mechanics who have also registered with the Platform will likely also be notified of the same Customer and their requirements. Smart Servicing Centre Limited shall be entitled to make Introductions in the United Kingdom on behalf of any other mechanic or garage. Customer Requests are made available for acceptance on a ‘first come first served’ basis by mechanics or garages to whom Smart Servicing Centre Limited elects (in its absolute discretion) to Introduce the Customer.
  • Smart Servicing Centre Limited may perform its duties as it sees fit, subject to this Agreement.
  • Before making any Introduction, Smart Servicing Centre Limited has agreed with Customers in its terms and conditions that Smart Servicing Centre Limited is not responsible for provision of the Auto Services and Parts and has no authority or ability to negotiate or vary the terms of any agreement or Booking entered into on behalf of the Mechanic or Garage.
  • Smart Servicing Centre Limited is under no obligation to provide any Introductions to the Mechanic or Garage. No representation or warranty is made by Smart Servicing Centre Limited as to the availability of the Platform, or that the Platform will operate without error or interruption.
  • The Mechanic or Garage will indicate by means of the Platform the times and dates at which it is available to fulfill Bookings.
  • Unless otherwise agreed by Smart Servicing Centre Limited in advance in writing, the charges stated by the Mechanic or Garage by means of the Platform for all Auto Services is inclusive of any VAT, or other tax that the Mechanic or Garage may be required to remit in connection with such sale.

PAYMENT AND COMMISSION

  • As a condition of using the Platform, the Mechanic or Garage must maintain an account with the Payment Service Provider and accept the Payment Service Provider’s terms and conditions. Smart Servicing Centre Limited will not be responsible for any acts or omissions of the Payment Service Provider. Smart Servicing Centre Limited does not process any payments and is not responsible to the Mechanic or Garage in respect of any chargebacks or fraudulent user activity conducted by means of the Payment Service Provider in respect of the Booking or the Agreed Charges. The Mechanic or Garage is responsible for payment of all sums charged by the Payment Service Provider in accordance with the Payment Service Provider’s terms and conditions.
  • The Mechanic or Garage must not accept payment of Agreed Charges (or other sum in respect of the Booking or any related goods or services) by any means other than through the services of the Payment Service Provider as integrated with the Platform, except where the Mechanic or Garage obtains prior approval of Smart Servicing Centre Limited and either (i) the Customer payment card details stored by the
  • Payment Service Provider fail to facilitate payment of the Agreed Charges; or (ii) the Agreed Charges exceed £1000. The Mechanic or Garage acknowledges that failure to obtain prior consent to receiving payment through other means is a serious breach of this Agreement and may amount in some circumstances to fraud. Smart Servicing Centre Limited reserves its rights and remedies in respect of any breach of this clause 5.2, including the rights to notify law enforcement authorities.
  • Where the Agreed Charges are paid by means of the Payment Service Provider as integrated with the Platform, Smart Servicing Centre Limited receives its Commission automatically. Where (in the limited circumstances set out in 5.2 above) the Payment Service Provider is not used, or there is a fault with the Platform or the Payment Service Provider which results in the Commission not being automatically deducted the Mechanic shall pay the Commission to ‘Smart Servicing Centre Limited’ within 7 days of receipt of the Agreed Charges.
  • The Mechanic or Garage shall pay interest on any Commission by the due date specified in clause 5.3 above, at the rate of 4% a year above the Bank of England’s base rate from time to time (or 4% a year for any period when that base rate is below 0%) for the period from the due date until the Commission is paid. The Mechanic or Garage shall also pay to ‘Smart Servicing Centre Limited’ reasonable collection costs in respect of any late payment.
  • The Mechanic or Garage shall be responsible for accounting for charging and accounting for any VAT arising under the Booking.
  • Each party must pay all sums which it owes to the other party under this Agreement free and clear without any set-off, counterclaim, deduction or withholding of any kind save as may be required by law.
  • Termination of this Agreement, however arising, shall not affect the Mechanic’s or Garage’s obligation to pay any Commission due under this Agreement.
  • The Mechanic or Garage hereby authorizes Smart Servicing Centre Limited to instruct the Payment Service Provider to pay to Smart Servicing Centre Limited any outstanding Commission owed to Smart Servicing Centre Limited, by means of a deduction from payments made by Customers to the Mechanic or Garage.

BOOKINGS

  • The Mechanic or Garage is under no obligation to agree to the terms of any
  • Bookings.
  • A binding contract will be created between the Mechanic or Garage and the Customer at the later of the following: (i) the Customer accepting the Booking following Mechanic’s or Garage’s agreement to the terms of the Customer Request, or (ii) one hour has expired from the Mechanic’s or Garage’s notification by means of the Platform of its agreement to the terms of the Customer Request, without the Customer having declined the Booking. The contract will be for fulfillment of the Customer Request for the Agreed Charges at the time and date specified in the Customer Request.
  • In the event that the Mechanic or Garage is unable, having made all reasonable endeavors, to honor the Booking, the Mechanic or Garage must notify Smart Servicing Centre Limited by email to info@SmartServicingCentre.co.uk, and immediately notify the Customer.
  • The Mechanic or Garage shall ensure that any variations to Agreed Charges are agreed with a Customer in writing (including text, email or a signed worksheet) and then entered into the Platform accordingly.
  • The Mechanic or Garage must immediately notify Smart Servicing Centre Limited if it stops being able to provide Auto Services, whether temporarily or permanently.
  • ‘Smart Servicing Centre Limited’ suggests fair and reasonable charges to Customers for individual Customer Requests, based on data derived from a range of statistics. The Mechanic or Garage alone is responsible for accepting or declining these charges.

BOOKING POLICIES

  • The Mechanic or Garage acknowledges that ‘Smart Servicing Centre Limited’ has prescribed Booking Policies governing the conduct of Bookings. The Mechanic or Garage agrees to be bound by the Booking Policies and to carry out its obligations under a Booking in accordance with the Booking Policies; Customers are entitled to cancel Bookings in accordance with the Booking Policies. The Mechanic or Garage authorizes ‘Smart Servicing Centre Limited’ to accept any request for cancellation of the Booking by a Customer in accordance with the Booking Policies.

PROVISION OF AUTO SERVICES TO CUSTOMERS

  • All Parts must be new unless expressly agreed in advance with the Customer.
  • The Mechanic or Garage must in relation to all Bookings adhere to the Code of Conduct and the Standard Operating Procedures (SOP).
  • Each Booking shall be deemed to include a warranty from the Mechanic or Garage as set out in the Warranty Requirements.
  • In limited circumstances, in the event of a complaint from a Customer, Smart Servicing Centre Limited may at its discretion refund a Customer in respect of any sums paid in respect of a Booking. If Smart Servicing Centre Limited:
    • Determines that the Mechanic has not discharged its obligations to the Customer under a Booking in accordance with the Standard Operating Procedures, Code of Conduct and Warranty Requirements; and
    • Reimburses the Customer the Agreed Charges in whole or in part, the Mechanic or Garage agrees to reimburse ‘Smart Servicing Centre Limited’ up to the amount paid to the Customer by Smart Servicing Centre Limited within 30 days of Company’s request. The Mechanic or Garage authorizes ‘Smart Servicing Centre Limited’ to collect any such amounts owed to Company by setting off those amounts against sums payable by Company to the Mechanic or Garage.
  • The Mechanic or Garage acknowledges that the Customer will be invited to leave a review in respect of the Auto Services, which will be visible on the Mechanic Profile and may be reproduced in other areas of the SmartServicingCentre.co.uk website and any ‘Smart Servicing Centre Limited’ social media channels. The reviews are submitted by Customers for use only in the context of the Smart Servicing Centre Limited’s service – the Mechanic or Garage must not reproduce them in whole or in part in any other medium (including on the Mechanic’s or Garage’s own website or social media channels) without Smart Servicing Centre Limited’s prior written consent.
  • If the Mechanic or Garage considers that a Customer has acted in an inappropriate way towards it or any member of its staff, including in a manner it feels to be offensive, violent or sexually inappropriate, the Mechanic or Garage should immediately make a report to the appropriate authorities and then to Smart Servicing Centre Limited at info@SmartServicingCentre.co.uk quoting the police report number and location. The Mechanic’s or Garage’s report may cause Smart Servicing Centre Limited to investigate such behavior and/or bar an individual Customer from the Platform, but Smart Servicing Centre Limited shall not be obliged to take action beyond that which is required by law, and will not be obliged to incur any additional liability or expense in doing so.

 OBLIGATIONS OF THE MECHANIC

  • The Mechanic or Garage shall provide Smart Servicing Centre Limited with any relevant information that Smart Servicing Centre Limited reasonably needs to provide the Platform services under this Agreement.
  • The Mechanic or Garage warrants and undertakes that all Mechanic or Garage Content (including any information or documents provided as part of the registration process, and the contents of the Mechanic Profile) is honest, accurate, genuine and complete. The Mechanic or Garage agrees to promptly update such information as necessary to ensure it at all times remains honest, accurate, genuine and complete.
  • ‘Smart Servicing Centre Limited’ will not cover any costs incurred by the Mechanic in carrying out its obligations under this Agreement or any Booking, including in relation to any Parts ordered or labor arranged in respect of a Booking.
  • At all times in relation to the Platform, the Mechanic or Garage shall abide by all applicable laws and regulations, any rules, guidance, standard or recommendations of the Motor Ombudsman, including The Motor Industry Code of Practice for Service and Repair.
  • The Mechanic or Garage will keep confidential any password or other authentication for its use of the Platform, and shall notify Smart Servicing Centre Limited immediately on suspicion that any other person has obtained access to it. The Mechanic or Garage is solely and fully responsible for all activities that occur under its account for the Platform, even if such activities are not authorized by the Mechanic or Garage.
  • Smart Servicing Centre Limited is not a party to any transactions for Auto Services or Parts between Customers and Mechanics/Garages. In respect of any dispute arising between Customer and Mechanic/Garage, the Mechanic/Garage releases Smart Servicing Centre Limited (and its agents and employees) from claims, demands, and damages (direct and indirect) of every kind and nature arising out of or in any way connected with such disputes.

  • THE MECHANIC SHALL NOT:
    • Have any authority to incur any expenditure in the name of or for the account of Smart Servicing Centre Limited;
    • Hold itself out as having authority to bind Smart Servicing Centre Limited;
    • Include in any written, graphical or promotional materials any logo, trade mark or branding of ‘Smart Servicing Centre Limited’ without the prior written consent of the Company; or
    • Represent itself as an employee or worker of ‘Smart Servicing Centre Limited’ or of any Customer.
    • The Mechanic or Garage shall be responsible for the supply and maintenance of all equipment and facilities needed by it to carry out the Auto Services.
    • The Mechanic or Garage shall ensure that the Auto Services fully address each requirement as set out in the Booking, and is of a standard consistent with good industry practice in the motor trade.
    • The Mechanic or Garage shall ensure that it provides the Minimum Information Requirements to ‘Smart Servicing Centre Limited’ and notifies the Company i.e. Smart Servicing Centre Limited, immediately of any changes.
    • In the event that ‘Smart Servicing Centre Limited’ provides to the Mechanic or Garage any Smart Servicing Centre Limited –branded materials for use by the Mechanic or Garage, the Mechanic or Garage shall ensure that these are used as provided by ‘Smart Servicing Centre Limited’ without alteration. All goodwill in the ‘Smart Servicing Centre Limited’ brand arising out of the use of any such materials will accrue to ‘Smart Servicing Centre Limited’. The Mechanic or Garage shall ensure that all use of such materials ceases immediately on termination of this Agreement or (if earlier) on the Mechanic/Garage is no longer operating an active account on ‘Smart Servicing Centre Limited’.

DEALING WITH CUSTOMERS

  • Subject to the remainder of this clause 10 below, nothing in this Agreement shall prevent the Mechanic/Garage from carrying on being engaged, concerned or having any financial interest in any capacity in any business, trade, profession or occupation during or after this Agreement.
  • The Mechanic/Garage acknowledges and agrees that Smart Servicing Centre Limited expends significant amounts of time, resource and money in attracting and Introducing Customers. Therefore, in consideration of ‘Smart Servicing Centre Limited’ making available to the Mechanic/Garage the opportunity to provide the Auto Services, the Mechanic/Garage agrees (except as permitted under 5.2 above) to use the Platform as its exclusive method to receive all payments for the Auto Services and Parts provided under a Booking and any additional work undertaken ancillary to the Booking.
  • Without prejudice to any other right or remedy of ‘Smart Servicing Centre Limited’, the Mechanic/Garage agrees in the event of breach by it of clause 10.2 above, the
  • Mechanic/Garage shall pay to Smart Servicing Centre Limited a sum equal to (i) 100% of the Commission which would have been payable in respect of any sums paid to the Mechanic/Garage by the Customer for the Auto Services and Parts provided under a Booking and any additional work undertaken ancillary to the Booking; and (ii) any costs and disbursements incurred by Smart Servicing Centre Limited in recovering such sums from the Mechanic/Garage.
  • Any breach by the Mechanic/Garage of this clause 10 shall be considered a serious breach of this Agreement and will enable ‘Smart Servicing Centre Limited’ to terminate the Agreement in accordance with clause 18.

THE MECHANIC’S STATUS

  • The Mechanic/Garage acknowledges and agrees that the relationship between the Mechanic/Garage and ‘Smart Servicing Centre Limited’ is that of independent contracting parties. The Mechanic/Garage is not a worker or employee of ‘Smart Servicing Centre Limited’. The Mechanic/Garage does not have authority to enter into written or oral contracts on behalf of ‘Smart Servicing Centre Limited’, of either an implied or express nature.
  • ‘Smart Servicing Centre Limited’ shall not, and shall not be entitled to direct, control or oversee a Mechanic’s/Garage’s work or require that it be performed in any particular manner (except as specified in the Code of Conduct and the Standard Operating Procedures). ‘Smart Servicing Centre Limited’ does not control a Mechanic’s/Garage’s manner of carrying out the Booking, work hours, location of work, or length of time to complete the Booking.
  • The Platform is not an employment agency or employment business.
  • Smart Servicing Centre Limited acknowledges that the Mechanic/Garage provides Auto Services as part of its own business, and that the Mechanic/Garage shall be entitled to:
    • Accept or reject any Booking;
    • Specify the dates and times at which it wishes to accept Bookings;
    • Organize its workload of Bookings as it sees fit subject to adhering to any times agreed with a Customer in a Booking; and
    • Use any materials, equipment or tools selected by it which it is lawfully entitled to use and which are suitable for performance of the Platform.
  • The Mechanic/Garage is solely responsible for providing any necessary equipment, materials and expertise necessary to meet its obligations under the Booking.
  • Smart Servicing Centre Limited will not be liable for any tax or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Customer’s use of a Mechanic’s/Garage’s services. The Mechanic/Garage agrees to indemnify ‘Smart Servicing Centre Limited’ and its affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with:
    • A Mechanic/Garage being classified by HMRC (or any other government body) as a worker or employee;
    • Any other relevant third-party claims under any employment-related laws, such as those relating to wrongful or unfair dismissal, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday pay, retirement benefits, or any other employee benefits.
  • The Mechanic/Garage agrees that it is responsible for its own accounting and tax affairs and that it will indemnify and hold ‘Smart Servicing Centre Limited’ entirely harmless from any claims from HMRC or any other body in respect of any tax or National Insurance payable in respect of any Booking.
  • The Mechanic/Garage may appoint a suitably qualified, insured and skilled substitute to perform the Auto Services on its behalf. The Mechanic/Garage shall continue to be the recipient of any payments from ‘Smart Servicing Centre Limited’ in accordance with this Agreement and shall be responsible for any payment due to the substitute. For the avoidance of doubt, the Mechanic/Garage will continue to be subject to all duties and obligations under this Agreement and any Bookings for the duration of the appointment of the substitute.

MECHANIC/GARAGE CONTENT

  • The Mechanic/Garage hereby grants ‘Smart Servicing Centre Limited’ a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable right to use and reproduce the Mechanic/Garage Content on the Platform and on Smart
  • Servicing Centre Limited’s social media accounts.
  • The Mechanic/Garage warrants that the Mechanic/Garage Content will not:
    • Infringe any third party’s copyright, trademark, or other intellectual property
    • rights;
    • Infringe any third party’s rights of publicity or privacy;
    • Will not be obscene or offensive or inappropriate to the nature of the Platform; and
    • Will not contain any viruses or other malware.

The Mechanic/Garage consents to Smart Servicing Centre Limited using any feedback from the Mechanic/Garage in relation to the Platform in any material produced by or on behalf of Smart Servicing Centre Limited to promote the Platform.

INDEMNITY

  • The Mechanic/Garage shall keep ‘Smart Servicing Centre Limited’ indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, ex gratia payments, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by ‘Smart Servicing Centre Limited’ as a result of or in connection with:
    • Any claim made against ‘Smart Servicing Centre Limited’ in respect of the Auto Services, Parts or the Mechanic/Garage Content or any related matter, or any breach by the Mechanic/Garage of its obligations under Data Protection Rules in respect of Customers’ personal data (as defined in applicable Data Protection Rules);
    • Any claim made against ‘’ by a third party for death, personal injury or damage to property arising out of, or in connection with the Auto Services or the Parts (except to the extent that the same is caused by the negligence or willful default of Smart Servicing Centre Limited); and
    • Any claim made against ‘Smart Servicing Centre Limited’ by a third party arising out of or in connection with the supply of the Auto Services, whether or not such claim arises out of the breach, negligent performance or
  • failure or delay in performance of the Booking by the Mechanic/Garage, its employees, agents or subcontractors.
  • This clause 14 shall survive termination of this Agreement.

INSURANCE

  • The Mechanic/Garage shall maintain in force during this Agreement (and for a period of 12 months following it) a motor trade insurance policy that includes as a minimum public and products liability and professional indemnity cover, with an insurer approved by the Motor Ombudsman with a per incident cover of not less than GBP1,000,000. The Mechanic/Garage shall on request supply to ‘Smart Servicing Centre Limited’ copies of such insurance policies and evidence that the relevant premiums have been paid. The Mechanic/Garage agrees to inform its insurer of its registration with ‘Smart Servicing Centre Limited’ and that it may be undertaking Auto Services arranged by means of the Platform.

ANTI-BRIBERY COMPLIANCE

  • In this clause 16, “Bribery Laws” means the Bribery Act 2010 and all other applicable UK legislation, regulations and codes in relation to bribery or corruption.
  • Each party shall comply with applicable Bribery Laws, including ensuring that it has in place adequate procedures to ensure compliance with the Bribery Laws and shall ensure that:
    • All of that party’s personnel; and
    • All others associated with that party, involved in performing 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.
  • 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.

COMMENCEMENT AND TERM OF AGREEMENT

  • This Agreement shall commence on the date on which Mechanic/Garage applies its signature (in the agreed/prescribed manner) to these Terms, and shall continue until terminated in accordance with clause 18.

TERMINATION

  • This Agreement can be terminated without cause by either party providing the other party with one week’s prior written notice.
  • This Agreement may be terminated forthwith at any time by either party on written notice to the other if:
    • The other commits a material breach, or series of breaches resulting in a material breach, of this Agreement;
    • The other becomes unable to pay its debts, has a receiver or administrator appointed, enters bankruptcy proceedings, or otherwise becomes subject to any insolvency proceedings or process;
    • The other suspends trading, ceases to carry on business, or threatens to do either;
    • The other (being an individual) dies or ceases to be capable of managing his own affairs; or
    • The other fails to make any payment due under this Agreement by the due date for payment.
  • Termination under clause 18.1 shall be without prejudice to the fulfillment of any Booking accepted prior to such termination, and to ‘Smart Servicing Centre Limited’s’ entitlement to Commission in respect of the same.
  • On termination of this Agreement, the Mechanic/Garage shall cease use of any reference to ‘Smart Servicing Centre Limited’ in its promotional materials and shall remove any physical Smart Servicing Centre Limited-branded materials from its vehicles or equipment.

INTELLECTUAL PROPERTY RIGHTS

  • ‘Smart Servicing Centre Limited’ is the owner or the licensee of all intellectual property rights in the Platform. The Platform is protected by copyright laws and treaties around the world. All such rights are reserved.
  • The Mechanic/Garage must not use any part of the Platform or any content on it, for any commercial purposes other than for the purposes of this Agreement, without first obtaining a license to do so from ‘Smart Servicing Centre Limited’.
  • The Mechanic agrees:
    • Not to reproduce, duplicate copy or re-sell any part of the Platform.
    • Not to access without authority, interfere with, damage or disrupt any part of the Platform; any equipment or network on which the Platform is hosted or stored; or any software used in the provision of the Platform.
  • The word “Smart Servicing Centre Limited” and the ‘Smart Servicing Centre Limited’ ‘spanner’ logo are trademarks of the Company, i.e. ‘Smart Servicing Centre Limited’. The Mechanic/Garage is not permitted to use them without ‘Smart Servicing Centre Limited’ prior written approval.

IMPORTANT – LIMITATION OF LIABILITY

  • Nothing in the Agreement shall limit or exclude ‘Smart Servicing Centre Limited’ liability for:
    • Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
    • Fraud or fraudulent misrepresentation; or
    • Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
  • Subject to clause 20.1:
  • ‘Smart Servicing Centre Limited’ shall under no circumstances whatever be liable to the Mechanic/Garage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
    • Loss of profit;
    • Loss of revenue;
    • Loss of anticipated savings; or
    • Any indirect or consequential loss arising under or in connection with the Platform; and
    • ‘Smart Servicing Centre Limited’ total liability to the Mechanic/Garage in respect of all other losses arising under or in connection with any Booking, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the Commission paid to ‘Smart Servicing Centre Limited’ by the Mechanic/Garage in the preceding 12 months.

GENERAL

  • Assignment. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other.
  • Severability. The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
  • Waiver. No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  • Rights of Third Parties. This Agreement will bind and benefit each party's successors and personal representatives. Subject to that, this Agreement is not enforceable by any third party under the Bookings (Rights of Third Parties) Act 1999 or otherwise.
  • Notices. ‘Smart Servicing Centre Limited’ will send all notices and other communications regarding this Agreement to the Mechanic/Garage at the e-mail address provided on registering, or by means of the Mechanic’s/Garage’s account area on the Platform, or by any other means then specified by ‘Smart Servicing Centre
  • Limited’.
  • Entire Agreement. This Agreement is the entire agreement between the parties in relation to its subject. No other terms apply.
  • Governing Law & Jurisdiction. This Agreement will be governed by the law of England and Wales. Any dispute arising in relation to the subject matter of this Agreement will be submitted to the exclusive jurisdiction of the courts of England and Wales.

These Mechanic Terms were last updated on 12th July 2019 by ‘Smart Servicing Centre Limited’ - Booking Policies.

Contracted Parties

A Booking represents a contract between you and the Mechanic/Garage. By using the Website to request the services of a Mechanic/Garage, you authorize

‘Smart Servicing Centre Limited’ to enable the Mechanic/Garage to collect payments relating to the Booking via any payment methods you provide to us, including for any discretionary charges stated in this Agreement. You accept that ‘Smart Servicing Centre Limited’ bears no liability for any services performed as part of a Booking, or for any warranties or assurances given.

Obligation

Upon requesting a mechanic/garage you undertake that you will, subject to the subsequent acceptance of the request by the Mechanic/Garage, undertake to following obligations:

  • Ensure that the specified vehicle is at or near to the address specified in the Booking details, at the agreed time.

  • Provide the Mechanic/Garage with access to the vehicle for as long as is necessary to perform the service.

  • Ensure that your card details are valid and money is available to pay the mechanic immediately for the entire Booking value upon completion.

  • Make any information available that may affect the ability of the mechanic to complete the agreed services.

  • Respond to communications in a timely manner.

Minimum Labour Charge

When the Mechanic/Garage has provided any services (including repairs, maintenance, diagnostics and supply of parts) a Booking will be subject to a “Minimum Labour Charge “equivalent to 0.9 hours of labour. This labour shall be charged at the standard rate for the location and vehicle model of the Booking, and will be between £40 and £60. The Minimum Labour Charge may only be reduced or waived with the mutual consent of both the Mechanic/Garage and Smart Servicing Centre Limited.

Any invoiced amounts for goods or services other than labour provided by the Mechanic will not count towards this minimum. This includes, but is not limited to, amounts relating to: parts fitted to the specified vehicle, re-stocking fees for parts to be returned to the Mechanic's/Garage’s supplier(s), towing and transportation costs, and disposable items used by the Mechanic/Garage in the course of providing the services requested.

Extra Charges

These charges represent the amounts and circumstances under which extra charges may be incurred, as detailed under the “Rescheduling”, “Cancellation” and “Alterations” sections.

Late Cancellation, Late Rescheduling – Up to £20 for cancelling/rescheduling with less than 24 hours’ notice before the earliest scheduled arrival time specified in the Booking details.

Extra-Late Cancellation, Extra-Late Rescheduling – Up to £40 for cancelling/rescheduling after a Mechanic has started travelling to the location specified in the Booking details.

In-Progress Cancellation – When a Booking is cancelled after a Mechanic/Garage has started Work upon the specified Vehicle, you will be charged for any labour costs already incurred and parts already fitted, in addition to any labour costs incurred in restoring the Vehicle to its original state (if requested), and subject to our Minimum Labour Charge.

Quotations

You agree that all quotations given by ‘Smart Servicing Centre Limited’ shall be treated as estimates, and that the total cost of the Booking may differ from the quotation shown when submitting a request through the Website.

You accept that any prices given by ‘Smart Servicing Centre Limited’ are based on a vehicle in good condition and under normal circumstances and that you may be charged for extra costs arising from any unexpected circumstances or the condition of the vehicle.

Additional Work

In the course of fulfilling the Booking, the Mechanic/Garage may suggest additional diagnostics, repairs or maintenance be carried out, and may provide an estimate for the additional cost of carrying out all or part of these additional services. By accepting this estimate you grant permission for the Booking to be amended to reflect this additional work and for payment to be collected for this work in the same manner as previously agreed.

Problem Diagnosis

Where you have requested for a problem to be diagnosed (a “Diagnostic Inspection”), you accept that a diagnosis may not always be possible within the

duration specified in the Booking. In this case the Mechanic/Garage undertakes to report to you the outcomes of any checks performed, and advise you on the next steps. The Mechanic/Garage must obtain permission before incurring any additional, chargeable costs.

When the fault is diagnosed as a small repair which can be fixed without parts and within the labour time of the diagnostic, the Mechanic/Garage will carry out this repair at no extra cost.

Rescheduling

Subject to the agreement of any Mechanic/Garage assigned to the Booking, you may reschedule a Booking to another time and/or date. This may be done without charge when giving a minimum of 24 hours’ notice before the earliest scheduled arrival time specified in the Booking details.

When less than 24 hours’ notice is given, we reserve the right to make Late Rescheduling and Extra-Late Rescheduling charges (as specified under “Extra Charges”) on behalf of a Mechanic/Garage at our sole discretion.

Cancellations

You have the right to cancel a Booking without charge when giving a minimum of 24 hours’ notice before the earliest scheduled arrival time specified in the Booking details. When less than 24 hours’ notice is given, we reserve the right to make Late Cancellation, Extra-Late Cancellation and In-Progress Cancellation charges (as specified under “Extra Charges”) on behalf of a Mechanic/Garage at our sole discretion.

Forced Cancellations

If after arriving on site, having made reasonable efforts that would not incur further chargeable costs, the Mechanic/Garage is unable to carry out any services for reasons beyond his control, then the Booking will be cancelled and we reserve the right to make Extra-Late Cancellation or In-Progress Cancellation charges (as specified under “Extra Charges”). Possible reasons include, but are not limited to: your failure to meet your obligations under this Agreement; the requested services are not suitable for the vehicle; you have provided incorrect information that affects the labour or parts required.

Misdiagnosis of Problem

After arriving on site the Mechanic/Garage may express an opinion to you that the requested services may not lead to your intended outcome (a "Misdiagnosis"), and may suggest alternate services such as further repairs or diagnosis. In this circumstance you may choose to either:

  • Instruct the Mechanic/Garage to continue carrying out the requested services unaltered, or

  • Accept the Mechanic's/Garage’s suggestion to alter the Booking, on the understanding that if the Mechanic/Garage is unable to carry out any services as a result of this alteration, you will be liable for an Extra-Late Rescheduling Charge, or

  • Instruct the Mechanic/Garage to cancel the booking without carrying out any services, in which case the ordinary cancellation policies apply (see "Cancellation").

Alterations

At our sole discretion, we may allow you to add, remove, or otherwise alter the details of a Booking without charge. ‘Smart Servicing Centre Limited’ reserves the right to decline your requested alterations, with the Booking details and terms remaining unaffected.

Observation of Work

Please be aware that you enter the work area at your own risk. You should always maintain a safe distance when observing the work and follow any instructions given by the mechanic/garage. You accept that you are not covered by your mechanic's liability insurance to be in the vicinity of car being worked on, and as such are not insured against any personal injury or damage that may result from being there.

These Booking Policies were last updated on 12th July 2019 Smart Servicing Centre Limited, Code of Conduct.

By registering with ‘Smart Servicing Centre Limited’, Mechanics/Garages agree:

  • To ensure they hold active Motor Trade insurance and Public liability insurance and also have the appropriate knowledge, resources and equipment to carry out work when accepting a booking.
  • To provide a warranty on all auto services where parts and labour are supplied by the Mechanic/Garage, in accordance with and unless specified otherwise in the ‘Smart Servicing Centre Limited’ Warranty Requirements.
  • To behave in a professional manner at all times and aim to provide a customerfocused service, including looking after their customer's vehicles to the best of their ability during the period of time it is with them.
  • To address and respond to any complaint or dispute in a prompt and professional manner.
  • To provide new, quality parts specifically suited to the make and model of vehicle in question, unless otherwise agreed directly with the customer.
  • To only invoice or charge the customer once the scheduled work is 100% complete.
  • To ensure any additional work and any additional charge is only carried out with the prior authorization of the customer, and is undertaken through the ‘Smart Servicing Centre Limited’ system.
  • That all additional work quotes provided to customers are accurate and for necessary repairs and reasonable maintenance.
  • To notify customers if appointments or completion promises cannot be kept before it becomes an inconvenience to the customer.
  • To give full details of their business to ‘Smart Servicing Centre Limited’ including ownership, trading name and trading address and (in the case of a company) the registered office.

This Code of Conduct was last updated on 12th July, 2019.

Warranty Requirements

In addition to any rights of the Customer as a consumer, ‘Smart Servicing Centre Limited’ requires all Mechanic’s/Garage’s to provide a warranty lasting 12 months or 12,000 miles (whichever is sooner) to the Customer as follows:

All auto services (other than inspections and diagnostic services) under a booking made on ‘Smart Servicing Centre Limited’, including all parts supplied, must be free from defects in (i) materials (i.e. that the parts replaced in the performance of the auto services are not defective and capable of performing as expected under normal usage conditions) and (ii) workmanship (i.e that the

auto services were performed with a reasonable level of skill and care). Any part that is supplied by the Mechanic/Garage whilst carrying out the work is to be new and a match for the Customer’s vehicle.

The warranty is subject to the following conditions:

  • The mechanic/garage need not provides this warranty in respect of inspections (including pre-purchase inspections) and diagnostic services comprised in any auto services. Inspections and diagnosis are based on the condition of the vehicle at the time the auto services are provided.
  • We do not require the Mechanic/Garage to provide this warranty in respect of any auto services involving the use of parts supplied by the customer or someone else other than the Mechanic/Garage.
  • The customer may agree with a mechanic/garage in certain specific circumstances no such warranty will apply to the auto services - for example, if second hand parts are used due to unavailability of new parts.
  • These requirements act as a minimum set of requirements and the Mechanic/Garage may choose to provide a more favourable or extended warranty to the Customer at the Mechanic’s/Garage’s discretion.
  • As an independent business the mechanic/garage may set additional restrictions and procedures for when and how claims under this warranty can be made. Typically a mechanic/garage will make their warranty dependent on: the mechanic/garage being given an opportunity to investigate and rectify any faults within a reasonable timeframe; the manufacturer's vehicle operating instructions being followed; ensuring the vehicle is serviced according to the manufacturer's recommended service schedule (for the relevant time and distance); full compliance with your mechanic’s advisories, warnings and information or any instructions provided by your mechanic; the parts or workmanship performed by your mechanic not being subjected to abnormal conditions or unreasonable wear and tear.

These Warranty Requirements were last updated on 12th July 2019.

By selecting ‘Accept’, I agree that I have read and accept these ‘Smart Servicing Centre Limited’ ‘Mechanic/Garage Terms’ and the documents referenced in them.



These Terms & Conditions apply to any person registering as a "Customer" on the Smart Servicing Centre or using the Smart Servicing Centre Service as a customer. If you are registering to use the Smart Servicing Centre Service as a mechanic or using the Smart Servicing Centre Service as a mechanic, please refer to our Mechanic Terms & Conditions.

Using the Smart Servicing Centre Service, you confirm that you accept these Terms & Conditions and agree to abide by them.

 

1) INFORMATION ABOUT US

a) Smart Servicing Centre is a platform for linking independent mechanics with customers looking for auto services. 

b) Smart Servicing Centre does not provide auto services. It helps connect the customer and the Garage/mechanic. The customer buys auto services from the Garage/mechanic who accepts their Booking, not from Smart Servicing Centre.

c) These terms and the documents referenced in them create a legal agreement between you and Smart Servicing Centre Ltd. A company registered in England and Wales under company number 11735608 whose registered office is 19 Hollydale Close, Reading, RG28LL (referred to as "we," "us" or "our" in these terms) in relation to the Smart Servicing Centre auto services booking platform ("Platform"). You agree that by accessing and/or using the Platform, you agree to these terms, our Booking Policies, and our Privacy Notice.

2) REGISTERING AS A CUSTOMER

To benefit from all the Smart Servicing Centre Service features available to customers, you will need to register with us as a customer by following the online prompts. You will be asked to provide certain information about yourself, including your name, telephone number, and email address.

You must ensure that the information provided by you on registration is correct, complete, and not misleading. You should also inform us promptly of any changes to the information you have provided by updating your details to communicate with you effectively.

By registering as a customer, you are forming a contract with us. The agreement between us will consist of your registration details, these Terms & Conditions, our Privacy Policy. Unless we have expressly stated otherwise, in the event of any conflict or inconsistency between these Terms & Conditions and our Privacy Policy, or any other document or legal notice published on our Service from time to time, these Terms & Conditions shall take precedence.

 

a) Your attention is, in particular, drawn to: 

i)The fact that you may incur additional charges in the circumstances specified in our Booking Policies;

ii)The way that we limit our liability to you under section 3.d, section 9.a, and section 13 below;

iii) The fact that, because the Mechanic / Garage, not us, provides the Auto Services, we are not responsible for any issues with the carrying out of the Auto Services (or any failure to carry them out). – see section 19.c

b) By using the Platform, you agree that you are a private individual at least 18 years old and are present in the United Kingdom when you use the Platform. Our site is directed to people residing in the United Kingdom only. We do not represent that our site is appropriate for use or available in other locations. If you are under 18 years old, you must arrange for your parent or guardian to use the Platform on your behalf.

c) The Mechanic / Garage provides the repair (including parts), diagnostic, and inspection services listed on the Platform you book by means of the Platform. Not by us. Our role and responsibility are limited to listing details of Auto Services (and related pricing information), arranging bookings, and collecting payment on behalf of the independent Mechanics / Garages who use us to connect with customers. We cannot be responsible for any Mechanic / Garage's actions or failures with whom a Booking is made, nor any repair (including parts), diagnostic and inspection services they provide.

d) You can access these terms at any time at https://www.smartservicingcentre.co.uk/legal_docs/terms. We reserve the right to update these terms from time to time by posting the revised version at that URL. We may do so because we change the nature of our products or services, for technical or legal reasons, or because our business's needs have changed. You agree that if you do not accept any amendment to our terms, then you shall immediately stop accessing and/or using the Platform.

e) Every time you order Auto Services by means of the Platform, these terms as they are in force at that time (and available for view on our website) will apply to the contract between You and us for the provision of Booking and payment processing services in respect of the Auto Services you book. You can find the date on which these terms were last updated at the bottom of this page.

3) DEFINITIONS.

   The following terms shall have the following meanings in these Platform Terms of Use:

a) "Auto Services" means any repair (including parts), maintenance, diagnostic, and inspection services provided by a Mechanic under a Booking;

b) "Booking Policies" means the policies set out here https://www.smartservicingcentre.co.uk/legal_docs/booking which contain terms applicable to all Bookings including minimum labour charges, cancellations, cancellation charges, collection/towing fees, and other extra charges;

c) "Booking Request" means a request from you made by means of the Platform for the supply of Auto Services; "Booking" means a contract for the provision of Auto Services entered into between you and the Mechanic / Garage by means of the Platform;

d) "Charges" means the charges payable in respect of parts and labour under a Booking; "Mechanic / Garage" means a provider of Auto Services, independent of Smart Servicing Centre Ltd, which promotes its Auto Services using the Platform;

e) "Mechanic / Garage Listing" means a listing in the Platform setting out a description of the Mechanic / Garage and reviews provided in respect of the Mechanic / Garage by other users of the Platform;

f) "you" and "your" means you, any person who uses the Platform.

 

Please Note: 

  • Smart Servicing Centre is not an auto repair, maintenance, diagnosis, or inspection service. It is a means for you to browse, book, and pay for Auto Services from our partner Mechanics / Garages.
  • The Platform is designed to enable users to make a Booking for Auto Services with a Mechanic / Garage. Auto Services are provided by the Mechanic / Garage and not by us. We are responsible only for listing Mechanic / Garage Listings, taking your Booking, processing payment - all on behalf of the Mechanic / Garage. The content of the Mechanic / Garage Listing on the Platform, and the provision of the Auto Services, are entirely the responsibility of the Mechanic / Garage.

 

4) BOOKINGS

a) Your Booking is subject to the terms of the Booking Policies. Among other things, the Booking Policies contain details of your right to cancel the Booking.

b) By making a Booking Request for a particular date, you acknowledge that the Mechanic / Garage will commence provision of the Auto Services in advance of that date. For example, he/she may hire labour, the order in parts, and research aspects of your car required to effectively carry out the appropriate repairs, diagnosis, and/or inspection. The cancellation provisions in the Booking Policies are intended to reflect the value of the Auto Services already provided in advance of the time of cancellation, and therefore the amount of your liability to pay to the Mechanic / Garage as a result of the cancellation.

c) You acknowledge and agree that by making a Booking Request, you are authorising us to present it to Mechanics / Garages for their review. If a Mechanic / Garage offers to fulfill the Booking Request's terms, we will disclose to you the details of that Mechanic / Garage, and you can either accept or reject that offer. If you fail to either accept or reject that offer within 1 hour of our notifying you of it, you will be deemed to have accepted it. Any such acceptance of the Mechanic's / Garage's offer to fulfill the Booking Request will form a binding contract under which you agree to pay for Auto Services as specified in the Booking Request.

d) Once you book Auto Services through the Platform under these Platform Terms of Use and the Booking Policies, payment will be pre-authorized for it by or on behalf of the Mechanic / Garage. At the point that payment is made to the Mechanic / Garage on completion of the Auto Services, your payment obligation to the Mechanic / Garage in respect of the Auto Services is discharged.

e) As a consumer, you will have legal rights against the Mechanic / Garage in relation to any Auto Services that are not provided in accordance with reasonable skill and care, or if the Auto Services is not as described in the Booking (including any changes to the Booking agreed between you and the Mechanic /Garage). If you are in the UK, advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office. Nothing in these Platform Terms of Use will affect your statutory rights.

f) It is your sole responsibility to notify your Mechanic / Garage in your Booking Request about any circumstances affecting your car or its location, which might affect the Mechanic's / Garage provision of the Auto Services. If such circumstances arise after the Booking Request has been accepted, you must notify the Mechanic / Garage immediately. These circumstances may affect the Charges, and your failure to disclose any relevant circumstances might result in additional charges (see Booking Policies for further details).

g) If a Mechanic / Garage with whom you have made a Booking no longer has a current registration with the Platform, we will notify you.

h) What this means is that when you use the Platform to make a Booking for Auto Services, it will create two legal contracts: 

I) One contract between you and us, under which we provide to you the means of browsing, Booking, and paying for the Auto Services by means of the Platform. That contract is made on these Platform Terms of Use, and

II) A further contract between you and the relevant Mechanic / Garage in respect of their provision to you of Auto Services to you at a price specified by you in your Booking Request.

i) A wide range uses the Platform, and a large number, of Mechanics / Garages - all of whom are independent traders, not employed directly by Smart Servicing Centre. Each Mechanic / Garage is responsible for the quality of their own advice and Service. Smart Servicing Centre cannot be held responsible for work completed, nor can we endorse or recommend any Mechanic / Garage.

j) The Mechanics / Garages are not our employees or workers. We have no involvement in the provision of the Auto Services. We require our Mechanics / Garages to ensure that all information provided by them in a Mechanic / Garage Listing is accurate and complete. We take what reasonable steps we can to ensure that the Mechanic / Garage is insured, has a trading history, and provides Auto Services experience. Still, we cannot realistically vet all details of each Mechanic / Garage Listing. We are therefore not responsible for any inaccuracies in the Mechanic / Garage Listing.

5) CHARGES AND PAYMENT FOR AUTO SERVICES

a) We suggest Charges for Bookings based on our own calculations as to what is a fair market price, based on a range of factors including the Auto Services you require, your location, your car model, type and age, the period between the Booking Request and the Auto Services being provided, the availability of parts locally and nationally, our calculations are based on data gleaned from several different sources. These include the industry-leading parts supplier and various government statistics.

b) We do our very best to ensure that the Charges reflect the data as closely as possible and to keep our pricing data as current as possible. Still, the Platform contains details of a broad range of Auto Services. It is possible that, despite our efforts, some of the pricing information shown for certain Auto Services may not accurately reflect the up to most date pricing data available.

c) Charges proposed for Auto Services include any applicable VAT or sales tax.

d) When we notify you that a Mechanic / Garage has accepted your Booking Request at the Charges specified, a binding contract is created between you and the Mechanic / Garage to deliver the Auto Services in exchange for payment of the Charges.

e) The Mechanic / Garage takes payments on completion of the Auto Services using an independent payment service provider (currently Stripe) acting on behalf of the Mechanic / Garage. By making a booking, you agree to the Mechanic / Garage authorising or reserving a charge on your payment card or another payment method for the charges agreed in respect of any booking, and the payment processing charge imposed by the Mechanic's / Garage's payment service provider, for collection of the Charges immediately on completion of the Auto Services (subject to our Booking Policies).

f) The Booking Policies set our circumstances in which you may be subject to additional charges above those specified in a Booking Request.

6) WARRANTY IN RESPECT OF THE AUTO SERVICES

a) We require all Mechanics / Garage's to provide a 12-month warranty as set out in our Warranty Requirements document available here https://www.smartservicingcentre.co.uk/legal_docs/warranty

b) Your statutory rights are not affected by any such warranty.

7) USE OF THE PLATFORM

a) During the time you comply with these terms (including our Acceptable Use Policy), we grant you a non-exclusive, non-transferable, personal, revocable, limited license to access and use the Platform for your own personal private or (if you are a business) internal business use, in each case provided that such use is under these terms. You agree not to use the Platform, or any content of our website, for anything else.

b) We have the right to suspend, withdraw or modify the Platform (in whole or in part) without liability to you at any time, including in the following circumstances: for technical reasons (such as maintenance or technical difficulties experienced by us or on the internet); to allow us to improve the usability of the functionality of the Platform; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Platform); because it is no longer economically viable or efficient to provide the Platform.

8) ACCOUNTS

a) If you set up a user account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.

b) If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this. You agree to fully compensate us for any losses or harm that may result.

c) We will not be responsible for any loss that you suffer due to any unauthorised person accessing your account and using the Platform. We accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

d) If you notice any unauthorised use or breach of your user account, you must notify us immediately at support@smartservicingcentre.co.uk.

9) DISCLAIMER - NO CONTROL OVER AUTO SERVICES OR MECHANIC LISTINGS, NO WARRANTY REGARDING THE PLATFORM

a) We do not provide auto Services.

b) Under no circumstances will we be liable in any way for any Auto Services, including any errors or omissions in the Auto Services, or any losses or harm of any kind resulting from the Mechanic's / Garage's provision of (or failure to provide) the Auto Services.

c) Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Mechanics / Garages are those of the Mechanic / Garage and not those of us. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made either on the Platform or otherwise by anyone other than authorised Smart Servicing Centre Ltd employee spokespersons while acting in their official capacities.

d) The Platform is provided "as is" and without warranty of any kind. In particular, we cannot promise that the Platform will always be provided uninterrupted or error-free. You acknowledge that we cannot reasonably guarantee and do not guarantee that the Platform will always work properly.

10) UPLOADING CONTENT TO OUR SITE

a) Whenever you make use of a feature that allows you to make submissions to our site (including reviews of any Mechanic / Garage) ("Submissions"), you must comply with the content standards set out in our Acceptable Use Policy.

b) You promise that all your Submissions will comply with those standards, and you will be liable to us for any breach of that promise. This means you will be responsible for any loss or damage we suffer due to your breach of that promise.

c) All Submissions will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant other users of our site and us a license to use, store and copy that content and to distribute and make it available to third parties.

d) By making any Submission, you grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any Submission you make. We may freely use the Submission in any media (either currently known or developed in the future) and authorise others to do the same.

e) We will not be responsible or liable to any third party for the content or accuracy of any Submission posted by you or any other site user. You are solely responsible for your Submissions you make.

f) We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy or we receive a complaint about it.

g) The views expressed by other users on our site do not represent our views or values.

11) YOUR CONDUCT IN RELATION TO THE PLATFORM

You must comply with all laws applicable in the UK. If any laws applicable to you restrict or prohibit you from using the Platform, you must comply with those legal restrictions or, if applicable, stop accessing and using the Platform. You must ensure that you comply with all applicable laws in relation to health and safety and disposal of hazardous waste in your carrying out of any Auto Services. Moreover, you must abide at all times by our Acceptable Use Policy.

12) YOUR BREACH OF THESE TERMS

a) We reserve the right to suspend or terminate your access to the Platform (including by deleting your account) at any time. We will likely do so if we reasonably believe that you are in breach of these terms.

b) You agree to compensate us, according to law, for all losses, harm, claims, and expenses that may arise from any breach of these terms by you.

13) LIMITATION OF LIABILITY - IMPORTANT – PLEASE READ CAREFULLY

a) We accept liability for death or personal injury resulting from our negligence or that of our employees or agents (which does not include any Mechanic / Garage) and for losses or harm caused by fraud by our agents or us, or any other liability which it would be unlawful for us to exclude or restrict liability.

b) We are not responsible for:

    • Any losses in relation to your receiving or not receiving the Platform or any Auto Services;
    • Any losses arising due to a breach of our obligations which occurs due to circumstances outside our reasonable control; losses or harm not caused by our breach of these terms or our negligence;
    • losses or damage which is not reasonably foreseeable by you and us at the time of you agreeing to these terms, including those losses which happen as a side effect of foreseeable losses;
    • technical failures or the lack of availability of the Platform.

c) Our Responsibility for Loss or Damage Suffered by You If You Are a Consumer.

We only supply the Platform for your individual domestic and private use. You agree not to use the Platform in the course of any business or for any commercial, business, or re-sale purpose. Therefore, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

d) Our Responsibility for Loss or Damage Suffered by You If You Are a Business:

    • Subject to section 12 (a) above:
    • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of anticipated savings, loss of revenue, or any indirect or consequential loss arising under or in connection with any contract between us;
    • and our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total Charges paid by you to us in the 12 months preceding the event giving rise to liability.

14) INTELLECTUAL PROPERTY

a) You acknowledge that all copyright, trademarks (including 'Smart Servicing Centre' and the Smart Servicing Centre logo), and other intellectual property rights in and relating to the Platform (other than the content of Mechanic / Garage Listings and Auto Services, which remain the property of the Mechanic / Garage) are owned by us or licensed to us by our partners.

b) You must not copy, distribute, make available to the public or create any derivative work from the Platform or any part of the Platform unless we have first agreed to this in writing. You must not use any of our trademarks (including the 'Smart Servicing Centre' and the Smart Servicing Centre logo) or other intellectual property rights in and relating to the Platform without our prior written consent.

c) If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your Submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.

d) We are the owner or the licensee of all intellectual property rights on our site and in the material published. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

e) Without limiting the scope of the rest of this section 14, the automotive data (including correlation of certain properties associated with a vehicle registration number) and the technology used to generate pricing information are proprietary to us or our licensors. You are not permitted to use the automotive data or pricing information other than to obtain Auto Services for your vehicle by means of the Platform. You must not use a bot or an automated program (including crawling, scraping technique) to collect any pricing or other information from the Platform. Doing so is prohibited and shall be a breach of these terms.

15) LEGAL OR COMPLAINT NOTICES

If you have a complaint regarding any Mechanic / Garage Listing, you may notify us by emailing us at support@smartservicingcentre.co.uk with the following information: name, street address, and email address; full details of your complaint and the Mechanic Listing (or Mechanic Listings) you are complaining about. These requests should only be submitted by you or someone who is authorised to act on your behalf.

16) PRIVACY

a) We will only collect, process, use, and share your personal information in accordance with our Privacy Policy and as set out in these terms. By using the Platform, you give your consent to us collecting, processing, using, and sharing your data in this way. If you do not agree to our Privacy Notice, you should not access and/or use the Platform.

b) We may use any feedback or comments you make concerning the Platform or any Mechanic in our marketing material. We will not use your surname or full name unless we get your prior consent to do so. If at any time you would like us to cease any further use of your feedback or comments, please contact us at support@smartservicingcentre.co.uk.

17) LINKS

We may link to third-party products or services from the Platform, including Mechanics / Garages websites. You understand that we make no promises regarding any content, goods, or services provided by such Mechanics / Garages or other third parties. We are also not responsible for you in relation to any losses or harm caused by such third parties. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Notice does not apply in relation to that data.

18) GENERAL

a) We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so, provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

b) These terms set out the entire agreement between you and us concerning the Platform, and they replace all earlier agreements and understandings between you and us.

c) If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.

d) Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by us.

19) COMPLAINTS ABOUT THE PLATFORM, AUTO SERVICES OR MECHANICS / GARAGE

a) If you have any concerns regarding the Platform itself (rather than any Auto Services or Mechanic / Garage), we hope we can resolve these quickly if you contact us at support@smartservicingcentre.co.uk.

b) We care about your experience with Mechanics / Garage using our Platform and want to ensure they maintain the highest standards possible. If you are unhappy with any Auto Services, you should speak to the Mechanic / Garage to resolve the issue. We would like to be kept informed of any issues or disputes.

c) YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE TO YOU FOR THE AUTO SERVICES WHICH THE MECHANICS / GARAGE PROVIDE AND ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH A REFUND OR CREDIT NOTE IN THE EVENT YOU ARE DISSATISFIED WITH THE AUTO SERVICES.

d) In the unlikely event that legal action becomes necessary either by you or by us, these terms shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts.

e) If you have any complaints or objections of a legal nature to material or content (including Mechanic / Garage Listings) provided by means of our site, including if you believe that material or content on our site is defamatory or infringes your intellectual property rights (including copyright or trademark rights), please contact us immediately with a statement by email to support@smartservicingcentre.co.uk. Your email statement must at a minimum contain the following details: the exact individual content you are complaining about; how the content infringes your rights or is defamatory; your name and street address; a declaration that your statement is true and acknowledgment that it may be used in any subsequent court proceedings relating to your complaint.

Questions about These Terms:

If you have any questions about these terms or the Platform, you may contact us by email at support@smartservicingcentre.co.uk.

These Terms and Conditions were last updated on 26th September 2019.

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