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Terms and Conditions

The terms that apply when you create an account and use Motoryst.

These Terms & Conditions (together with the documents and links referred to in them) govern your use of our website and platform at www.Motoryst.co.uk and www.Motoryst.com.

These Terms and Conditions apply to you if you sign up to use the Motoryst platform and applicable services as a user.

By usage of the Motoryst platform you confirm that you accept these Terms & Conditions and that you agree to abide by them. If you are accepting these Terms & Conditions on behalf of a company or other business entity, you are confirming that you are authorised to do so.

These terms explain the basis and rules on how the User may use the Motoryst platform.

Table Of Contents:
  • About Us
  • Partners
  • Membership Fees
  • Technical Data
  • Valuation Data
  • History Check Data
  • Content
  • Insurance, Liability & Indemnity
  • Disclaimer
  • Bribery
  • Intellectual Property (IP)
  • Termination
About us:

The Motoryst platform is operated and owned by Motoryst LTD

We are a limited company registered in England and Wales under company number 14091719 and have our registered office at 975 Lincoln Road, Peterborough, PE4 6AF.

Please visit the Contact Us page for our contact details.

Partners:

From time to time we may work with third parties to make certain opportunities available to the User, this can include discounted products or services or offers or benefits provided by or in partnership with third parties.

If you participate in any Partner Programmes, you understand, acknowledge and agree that, in addition to continuing to comply with these Terms and Conditions you must also comply with any applicable Partner Programme Terms & Conditions or Service Level Agreements.

Membership Fees:

The Motoryst platform shall be free for the User with regards to registration and acceptance. No Daily/Weekly/Monthly/Yearly membership fees will be charged to the User.

Technical Data:

Technical data is provided by way of integrated third-party data services. Motoryst do not produce technical data and therefore we will not be held liable for any incorrect or incomplete data sets. Data can be looked up by way of a VRM, no other form of lookup will be offered.

Valuation Data:

Valuation data is provided by way of an API lookup from UK Vehicle Data. Motoryst do not produce valuation data and therefore we will not be held liable for any incorrect or incomplete data sets. Data can be looked up by way of a VRM, no other form of lookup will be offered. Data for a selected VRM will be produced for the User in a PDF format and will be emailed to the User for future reference. Should the User wish to view an up to date valuation for a chosen VRM a new purchase will have to be made.

History Check data is provided by way of an API lookup from UK Vehicle Data. Motoryst do not produce valuation data and therefore we will not be held liable for any incorrect or incomplete data sets. Data can be looked up by way of a VRM, no other form of lookup will be offered. Data for a selected VRM will be produced for the User in a PDF format and will be emailed to the User for future reference. Should the User wish to view an up to date History Check for a chosen VRM a new purchase will have to be made.

History Check Data:

History Check data is provided by way of an API lookup from UK Vehicle Data. Motoryst do not produce valuation data and therefore we will not be held liable for any incorrect or incomplete data sets. Data can be looked up by way of a VRM, no other form of lookup will be offered. Data for a selected VRM will be produced for the User in a PDF format and will be emailed to the User for future reference. Should the User wish to view an up to date History Check for a chosen VRM a new purchase will have to be made.

Content:

The User hereby grants Motoryst a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable right to use and reproduce the User Content on the Platform and on Motoryst social media accounts.

The User warrants that the User Content will not:

  1. infringe any third party's copyright, trade mark, or other intellectual property rights;
  2. infringe any third party's rights of publicity or privacy;
  3. will not be obscene or offensive or inappropriate to the nature of the Platform; and
  4. will not contain any viruses or other malware.
Insurance, Liability & Indemnity:

The User shall keep Motoryst 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 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 Motoryst as a result of or in connection with:

  1. any claim made against Motoryst in respect of the Services, Parts or the User Content or any related matter, or any breach by the User of its obligations under Data Protection Rules in respect of Customers’ personal data (as defined in applicable Data Protection Rules);
  2. any claim made against Motoryst by a third party for death, personal injury or damage to property arising out of, or in connection with the Services or the Parts (except to the extent that the same is caused by the negligence or wilful default of Motoryst ); and
  3. any claim made against Motoryst 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 User, its employees, agents or subcontractors.

Nothing in the Agreement shall limit or exclude Motoryst liability for:

  1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
  2. fraud or fraudulent misrepresentation; or
  3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

Motoryst shall under no circumstances whatever be liable to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

  1. loss of profit;
  2. loss of revenue;
  3. loss of anticipated savings; or
  4. any indirect or consequential loss arising under or in connection with the Platform.

Motoryst total liability to the User 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 Motoryst by the User in the preceding 12 months,

This clause shall survive termination of this Agreement.

Disclaimer:

Motoryst will endeavor to ensure that the information available on our platform is correct, up to date and accurate. We will not be responsible to the User for any inaccuracies on the platform. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.

Motoryst make no promise that the platform will meet your requirements. We cannot guarantee that the platform will be fault or virus free or continuously available. Your access to the platform may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may change or discontinue the platform, or any part thereof by giving reasonable notice at any time.

Bribery:

This clause refers to 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:

  1. all of that party’s personnel; and
  2. 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.

Intellectual Property (IP):
  1. Motoryst is the owner or the licensee of all intellectual property rights wihtin the Platform. The Platform is protected by copyright laws and treaties around the world. All such rights are reserved.
  2. The User 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 permission to do so from Motoryst.
  3. The User agrees:

    1. Not to reproduce, duplicate, copy or re-sell any part of the Platform.
    2. 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.
  4. The word "Motoryst" and the Motoryst logo are trademarks of Motoryst. The User is not permitted to use them without Motoryst prior written approval.
Termination:

This Agreement can be terminated without cause by either party, at any time. No notice period has to be given.

This Agreement may be terminated forthwith and immediately at any time by either party on written notice to the other if:

  1. the other commits a material breach, or series of breaches resulting in a material breach, of this Agreement;
  2. 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;
  3. the other suspends trading, ceases to carry on business, or threatens to do either;
  4. the other (being an individual) dies or ceases to be capable of managing his own affairs; or
  5. the other fails to make any payment due under this Agreement by the due date for payment.

Termination shall be without prejudice to the fulfillment of any Booking accepted prior to such termination, and to Motoryst entitlement to Commission in respect of the same.

On termination of this Agreement, the User shall cease use of any reference to Motoryst.

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