1). STATUS OF THESE TERMS
a) Smart Servicing Centre is a platform for linking independent mechanics with customers looking for auto services.
b) Smart Servicing Centre does not provide the 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 are agreeing to these terms, our Booking Policies and our Privacy Notice.
d). Your attention is in particular drawn to:
i) The fact that additional charges may be incurred by you 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
e). By using the Platform, you agree that you are a private individual at least 18 years old and are present in the United Kingdom at the time 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.
f). The repair (including parts), diagnostic and inspection services listed on the Platform are provided by the Mechanic / Garage you book by means of the Platform. Not by us. Our role and responsibility is limited to listing details of Auto Services (and related pricing information), and arranging bookings and collecting payment on behalf of the independent Mechanics / Garages who use us to connect with customers. We cannot be responsible for the actions or failures of any Mechanic / Garage with whom a Booking is made, nor any repair (including parts), diagnostic and inspection services they provide.
g). 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 updated 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 the needs of our business 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.
h). 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 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.
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 as to 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 by means of 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.
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, order in parts, and research aspects of your car required in order to effectively carry out the relevant 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 fulfil the terms of the Booking Request, 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 fulfil the Booking Request will form a binding contract under which you agree to pay for Auto Services as specified in the Booking Request.
f). It is your sole responsibility to notify your Mechanic / Garage in your Booking Request as to 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). In the event that 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:
ii). A further contract between you and the relevant Mechanic / Garage in respect of their provision to you of Auto Services to you at the price specified by you in your Booking Request.
I). The Platform is used by a wide range, 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 experience of providing Auto Services, but we cannot realistically vet all details of each Mechanic / Garage Listing. We are therefore not responsible for any inaccuracies in the Mechanic / Garage Listing.
4. CHARGES AND PAYMENT FOR AUTO SERVICES
a).We suggest Charges for Bookings on the basis of 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 a number of 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, but the Platform contains details of a large range of Auto Services and 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 for delivery of the Auto Services in exchange for payment of the Charges.
e). Payments are taken by the Mechanic / Garage on completion of the Auto Services, by means of 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 other 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 in excess of those specified in a Booking Request.
5. 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 the any such warranty.
6. USE OF THE PLATFORM
a). During the time, you are in compliance with these terms (including our Acceptable Use Policy), we grant you a non-exclusive, non-transferable, personal, revocable limited licence 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 in accordance with 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 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.
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 log in details to anyone else or allow anyone else to use your log in 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 and agree to fully compensate us for any losses or harm that may result.
c). We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Platform and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
d). If you notice an unauthorised use or breach of your user account, you must notify us immediately at email@example.com .
8. DISCLAIMER - NO CONTROL OVER AUTO SERVICES OR MECHANIC LISTINGS, NO WARRANTY REGARDING THE PLATFORM
a). Auto Services are not provided by us.
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.
9. 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 as a result of 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 us and other users of our site a licence 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 user of our site. 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.
10. 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/or using the Platform. You must ensure that in your carrying out of any Auto Services you comply with all applicable laws in relation to health and safety and disposal of hazardous waste. Moreover, you must abide at all times by our Acceptable Use Policy.
11. 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.
12. 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 us or our agents, or any other liability which it would be unlawful for us to exclude or restrict liability.
b). We are not responsible for:
c). Our Responsibility for Loss or Damage Suffered by You If You Are a Consumer.
We only supply the Platform for your own 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. We therefore 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:
13. INTELLECTUAL PROPERTY
a). You acknowledge that all copyright, trade marks (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 trade marks (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 in our site, and in the material published on it. 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 licence 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 for the purpose of obtaining Auto Services for your own vehicle by means of the Platform. You must not use a bot or an automated program (including any 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.
14. LEGAL OR COMPLAINT NOTICES
If you have a complaint regarding any Mechanic / Garage Listing, you may notify us by emailing us at firstname.lastname@example.org with the following information: name; street address; 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.
b). We may use any feedback or comments you make in respect of 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 email@example.com.
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 right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
18. 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 firstname.lastname@example.org.
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 try and 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 us or by you, 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 trade mark rights), please contact us immediately with a statement by email to email@example.com. Your email statement must at a minimum contain the following details: the exact individual content you are complaining about; the way in which the content infringes your rights, or is defamatory; your name and street address; a declaration that your statement is true and acknowledgement 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 firstname.lastname@example.org.