DeliverMyMotor works as a middle-agent providing linkage services between the Customer and Transporter and does not provide any transport services. Transporters give quotations and are responsible for all the delivery work upon the acceptance of their quotation by a Customer. DeliverMyMotor shall not be responsible for any delays, damages, losses, or other damages as explained below in the limited liability section.
THE WEBSITE IS NOT AVAILABLE TO ANY PERSONS WHO DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO BINDING CONTRACTS.
By using the Website, you represent that (i) you are a UK resident, or (ii) you are not a UK resident, and are of legal age of consent to seek the services offered by DeliverMyMotor. You also represent that your use of the Website is in compliance with any and all applicable laws.
DeliverMyMotor operates the Website in the United Kingdom. If you choose to access our Website from locations outside the United Kingdom, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United Kingdom. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Website, if and to the extent local laws are applicable to use of our Website. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Website is appropriate or available for use in jurisdictions outside the United Kingdom. The right to access and use the Website is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render DeliverMyMotor in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
DeliverMyMotor places a £10 monthly charge for the Transporter or a £30 VIP monthly package and a non-refundable 5% booking fee to the Customer for every quotation accepted when transporter is a VIP member with a minimum £9 fee. Free transporter members are set to a 15% booking fee rate with a minimum of £9 charge and £10 members are set to a 10% charge with a minimum of £9 for the customer if the value is less than the percentage a minimum charge of £9 applies. DeliverMyMotor reserves the right to revise these charges at their own discretion and without prior notice to the affected Users. The fees charged shall not be construed to imply a payment or deposit made for any asset owned by DeliverMyMotor. The charge for the Transporter membership fee auto-renews every month up to 14 days in advance through an automatic charge on the card provided by the Transporter for payments unless otherwise cancelled by the Transporter a month in advance.
When using the Website, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
Upon using our Website, you accept the Terms in the form posted on our Website. DeliverMyMotor reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made before using our Website. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, DeliverMyMotor will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the email address associated with you or by posting a notice on the Website, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after DeliverMyMotor makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Website. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
THE WEBSITE IS NOT AVAILABLE TO ANY PERSONS WHO DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO BINDING CONTRACTS.
DeliverMyMotor may permit (a) the posting and/or publishing by you and other Users of notes, questions, quotes, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) (“User Code”) (User Postings and User Code, collectively, “User Content”). You understand that whether or not such User Content is published, DeliverMyMotor does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between DeliverMyMotor and you, you retain all ownership rights you have in any User Content you post or publish to the Website, and DeliverMyMotor does not claim any ownership rights in or to such User Content. You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
By posting, submitting or distributing User Postings through the Website, you hereby grant to each User of the Website a non-exclusive license to access and use your User Postings in any manner permitted or made available by DeliverMyMotor on or through the Website.
The Website may permit you to download certain digital content (“Downloadable Content”). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, DeliverMyMotor grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
DeliverMyMotor may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that, although DeliverMyMotor may provide certain features intended to allow you to restrict some User Content you create from others, DeliverMyMotor does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, DeliverMyMotor will use reasonable efforts to notify you. DELIVERMYMOTOR HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that DeliverMyMotor is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DeliverMyMotor with respect thereto. DeliverMyMotor does not endorse any User Content or any opinion, recommendation or advice expressed therein, and DeliverMyMotor expressly disclaims any and all liability in connection with User Content.
By submitting suggestions or other feedback related to our Website to us, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation to you. We will honor any limits we agree to at the time we collect feedback.
It is DeliverMyMotor’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. DeliverMyMotor will promptly terminate without notice your access to the Website if you are determined by DeliverMyMotor to be a “repeat infringer.” A repeat infringer is a User who has been notified by DeliverMyMotor of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Website more than twice.
The Website is owned and operated by DeliverMyMotor Ltd. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, content, videos, and all other elements of the Website (the “Website Materials”) are protected by United Kingdom and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 9 (Proprietary Materials; Licenses), all Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to DeliverMyMotor, and DeliverMyMotor reserves all rights therein and thereto not expressly granted by these Terms.
DeliverMyMotor may make available on the Website certain content and related supplementary materials that are owned by DeliverMyMotor or its third-party licensors (the “Licensed Content”). DeliverMyMotor grants to you a non-exclusive, non-transferable right to access and use the Licensed Content as made available on the Website by DeliverMyMotor solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of Licensed Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Content to any third party.
In certain cases, DeliverMyMotor or its licensors may make available Licensed Content under alternate license terms, such as a variant of the Creative Commons License (as defined below) (each, an “Alternate License”). Where expressly indicated as such on the Website, and subject to the terms and conditions of these Terms, the applicable Licensed Content is licensed to you under the terms of the Alternate License. By using, downloading, or otherwise accessing such Licensed Content, you agree to comply fully with all the terms and conditions of such Alternate License.
Creative Commons License. Unless expressly otherwise identified on the Website with respect to a particular item of Licensed Content, any reference to the “Creative Commons”, “CC” or similarly-phrased license shall be deemed to be a reference to the Creative Commons Attribution-NonCommercial-ShareAlike 2.0 UK: England & Wales (CC BY-NC-SA 2.0 UK) (the “Creative Commons License”).
The Licensed Content is intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Content, the Licensed Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by DeliverMyMotor.
Without limiting the generality of the foregoing, the following are types of uses that DeliverMyMotor expressly defines as falling outside of “non-commercial” use:
the sale of advertisements, sponsorships, or promotions placed on the Licensed Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Material, including without limitation any “pop-up advertisements”.
If you distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Content or any derivative works thereof, you must also provide the following notice prominently along with such Licensed Content or derivative work thereof: “All DeliverMyMotor content is available for free at https://www.delivermymotor.com/” and adhere to the DeliverMyMotor brand guidelines.
YOU AGREE NOT TO:
1. except as expressly permitted in these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Website Materials;
2. post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
3. post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, promoting of violence, hostility, or discrimination, or otherwise inappropriate;
4.use the Website in any manner that is harmful to minors, or in any manner that violates DeliverMyMotor Community Guidelines;
5.impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website via bots or other automated means, or perform any other fraudulent activity;
6.develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Website or otherwise copy data from the Website;
7. delete (or otherwise obscure or alter) the copyright or other proprietary rights notices on the Website or on any Licensed Content or User Content;
8. assert, or authorize, assist, or encourage any third party to assert, against DeliverMyMotor or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Content or User Content you have used, submitted, or otherwise made available on or through the Website;
9. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
10. use the Website for any illegal purpose, or in violation of any local, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
11. (for the Transporter) expressly as permitted in these Terms circumvent the Website to obtain business dealings with a Customer outside the Website;
12. defame, harass, bully, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
13. probe, scan, remove, circumvent, disable, damage or otherwise interfere with or test the vulnerability of security-related features of the Website, Licensed Content or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Content or User Content, or otherwise access, tamper with, or use non-public portions of the Website without our authorization;
14. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law (in which case you must Contact DeliverMyMotor to give notice of the proposed activity and discuss alternative means to obtain the desired information from DeliverMyMotor) notwithstanding this limitation;
15. modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by DeliverMyMotor herein or to the extent the foregoing restriction is expressly prohibited by applicable law (in which case you must Contact DeliverMyMotor to give notice of the proposed activity and discuss whether DeliverMyMotor is willing to provide the desired derivative works); or
16. intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
The Website may include links or references to other websites solely as a convenience to Users (“Third-Party Sites”). DeliverMyMotor does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH THIRD-PARTY SITES, IS SOLELY AT YOUR OWN RISK.
These Terms shall remain in full force and effect while you use the Website unless they are terminated as provided in these Terms, in which case you no longer have the right to use the Website.
DeliverMyMotor may, in its sole discretion, and at any time discontinue providing access to the Website, or any part thereof, with or without notice to a Transporter, Customer, or all Users. You agree that any termination of your access to the Website, or portion thereof, may be affected without prior notice, and you agree that DeliverMyMotor will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. DeliverMyMotor will also impose a charge of 10% of the total order price for any Transporter found to circumvent the Website security features with the intention of conducting business outside the DeliverMyMotor Website. These remedies are in addition to any other remedies DeliverMyMotor may have at law or in equity. As discussed herein, DeliverMyMotor does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms and Conditions, (iii) Guidelines, (iv) any policy or practice of DeliverMyMotor in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your use of the website. You may terminate these Terms at any time (prospectively only) by discontinuing use of any and all parts of the Website.
You warrant, represent and agree that you will not provide any User Content or otherwise use the Website in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, national, or local law, statute, ordinance or regulation which would render DeliverMyMotor in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, “Applicable Law”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of the Website in any way, such as submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant Company the rights in these Terms; and (ii) you will comply with Applicable Laws in connection with your use of the Website.
You agree, to the extent permissible under Applicable Laws, to indemnify, defend, and hold harmless DeliverMyMotor, and its successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“DeliverMyMotor Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Website; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. DeliverMyMotor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DeliverMyMotor, and you agree to cooperate with DeliverMyMotor’s defense of these claims. You agree not to settle any such matter without the prior written consent of DeliverMyMotor. DeliverMyMotor will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, THIRD-PARTY SITES, WEBSITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE “DELIVERMYMOTOR OFFERINGS”), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE DELIVERMYMOTOR PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DELIVERMYMOTOR OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
DELIVERMYMOTOR, AND THE DELIVERMYMOTOR PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. DELIVERMYMOTOR AND THE DELIVERMYMOTOR PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE DELIVERMYMOTOR OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DELIVERMYMOTOR OR THE DELIVERMYMOTOR PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST ITEMS, CANCELLATIONS, LOST CARS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER TO THE TRANSPORTER AND/OR THE CLIENT) EVEN IF DELIVERMYMOTOR OR ONE OF THE DELIVERMYMOTOR PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE DELIVERMYMOTOR OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH DELIVERMYMOTOR OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE DELIVERMYMOTOR OFFERINGS, INCLUDING OTHER USERS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DELIVERMYMOTOR’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL DELIVERMYMOTOR’S OR THE DELIVERMYMOTOR PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO DELIVERMYMOTOR, IF ANY, FOR ACCESSING THE WEBSITE OR SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS (£100), WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT DELIVERMYMOTOR HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DELIVERMYMOTOR, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DELIVERMYMOTOR. DELIVERMYMOTOR WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
DeliverMyMotor is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Website, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.
. If you have a dispute with one or more Users, you release us (and the DeliverMyMotor Parties) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. You waive your rights under any applicable statutes of the release of another, to the fullest extent permissible under applicable law.
DeliverMyMotor may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless DeliverMyMotor is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Website. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Website are deemed given 30 days following the initial posting. Any notices directed to DeliverMyMotor shall be sent by email using the email address provided on the DeliverMyMotor Website.
The failure of DeliverMyMotor to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by DeliverMyMotor. .
The Terms will be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction. DeliverMyMotor and you agree to submit to the exclusive jurisdiction of the English and Welsh courts, but if you are a consumer and you live in Scotland, Northern Ireland or the Republic of Ireland, the courts of those jurisdictions shall also have jurisdiction in relation to any dispute about these Terms
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
17 .4 .1 Generally . In order to expedite and control the cost of disputes, DeliverMyMotor and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Website or these Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
2. Notice of Dispute. In the event of a Dispute, you or DeliverMyMotor must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by email to DeliverMyMotor at the email provided on the website. DeliverMyMotor will send any Notice of Dispute to you by mail to your address if DeliverMyMotor has it, or otherwise to your email address. You and DeliverMyMotor will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or DeliverMyMotor may commence arbitration.
3. Binding Arbitration. Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and DeliverMyMotor may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 17.4 (Dispute Resolution and Arbitration). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Arbitration Act 1996. The place of arbitration shall be London, United Kingdom. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
4. Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor DeliverMyMotor will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You may file a Dispute only on your own behalf and cannot seek relief that would affect other Users. If there is a final judicial determination that any particular Dispute cannot be arbitrated in accordance with the limitations of this Section 17.4 (Dispute Resolution and Arbitration), then only that Dispute may be severed and brought in court. All other Disputes remain subject to this Section 17.4 (Dispute Resolution and Arbitration).
5. Arbitration Procedures. Any arbitration will be conducted by JAMS London Resolution Center under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, DeliverMyMotor and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim.
6. Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If DeliverMyMotor files, then DeliverMyMotor will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
7. Filing Period. To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred.
8. Venue. In the event that any Dispute cannot be resolved by binding arbitration in accordance with this Section 17.4 (Dispute Resolution and Arbitration), you agree that such Dispute will be filed only in the courts in the United Kingdom, and each of you and DeliverMyMotor hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, DeliverMyMotor shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without DeliverMyMotor’ prior written consent, but may be assigned by DeliverMyMotor without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
The Website is hosted in the United Kingdom, and the services provided hereunder are offered by DeliverMyMotor located at 128 Saltergate, Chesterfield. S40 1NG
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