Table of Contents
Terms of Service
THIS DOCUMENT FORMS A CONTRACT (THE "CONTRACT") BETWEEN YOU (HEREINAFTER REFERRED TO EITHER AS "YOU" OR THE "USER" OR THE "CUSTOMER") AND CHIEF MECHANIC LIMITED (T/A MOTORDESK OR MOTORDESK.COM, FORMERELY KNOWN AS DEALERDESK OR DEALERDESK.CO.UK) (HEREINAFTER REFERRED TO AS MOTORDESK). BY USING THE MOTORDESK.COM WEB SITE OR MOTORDESK PRODUCT OR SERVICE, AS DEFINED BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT AND YOU AGREE TO BE BOUND BY IT.
This agreement constitutes the complete and exclusive statement of the agreement between you and MotorDesk with respect to the services and associated software and SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, oral or written, and any other communications relating to the subject matter of this agreement. Now, therefore, in consideration of the mutual covenants set forth herein, MotorDesk and Customer agree as follows:
- MotorDesk agrees to provide you with the software and services (the "Product") to be used to assist with the management of your automotive dealership and associated website. Any other use is strictly prohibited.
- By accepting or using the Product, you acknowledge that you do not own it. Under the terms of this Contract, in consideration of the fees you pay to MotorDesk, you may use the Product only in conjunction with the Service.
- You will not use the Services for information, data or material that (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic or indecent in violation of applicable law; (e) contains any virus or other programming routine intended to damage any system or data; or (f) is provided in breach of any prior contractual commitment to any third party.
- If the Product or Service fails to perform as promised in this Contract, we shall remedy the failure by return of fees paid for use of the Product or Service during the period for which the Product or Service failed to perform as promised where the fees paid exceed £10 GBP. MotorDesk reserve the right to determine the value of the refund based on the exact cause of failure.
- Notwithstanding the foregoing, if any failure of the Product or Service has resulted from abuse, misapplication, or unauthorized use, the limited warranty provided by this Contract is and shall be void.
- To the maximum extent permitted by applicable law you acknowledge that MotorDesk's obligations and liabilities with respect of the Product are as defined in this Contract. You agree that the express obligations and warranties made by MotorDesk in this Agreement are in lieu of and to the exclusion of any warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise relating to anything supplied or services provided under or in connection with this Contract including (without limitation) as to the condition, quality, performance, or fitness for the purpose of the Product or any part of it.
- You are responsible for the consequences of any use of the Product. MotorDesk will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatsoever and however caused, whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if MotorDesk has been advised of their possibility.
- MotorDesk accepts liability to the extent it results from the negligence of MotorDesk and its employees. Your exclusive remedy shall be the return of fees paid for use of the Product or Service during the period for which the Product or Service failed to perform as promised as a result of MotorDesk's negligence. MotorDesk reserve the right to determine the value of the refund based on the exact cause of failure.
- In all other cases not falling within clause 2.4 or 2.5 MotorDesk's total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Contract or based on any claim for indemnity or contribution will not exceed the fees paid for use of the Product or Service during the period for which the Product or Service did not perform as required. MotorDesk reserve the right to determine the value of the refund based on the exact cause of failure.
- You agree that, except as expressly provided in this agreement, you shall indemnify and hold MotorDesk, it's affiliate companies, and it's shareholders harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that you may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney's fees) and for any act or omission of Customer or its clients which are in any way related to the MotorDesk Service. MotorDesk will not incur any liability of any kind whatsoever and however caused arising directly or indirectly in connection with this Contract except in so far as MotorDesk is liable as expressly provided in this Agreement (2.5).
- When you agree to the terms of this Contract, you acquire a license to use the Product. The User's license to use the product is valid only for so long as you actually use and pay for the Service provided by MotorDesk. At no time and under no circumstances do you acquire an ownership interest in the Product or service.
- The license provided by this Contract expires when you remove your account indicating you wish to cancel the Service, or (ii) if you have failed to pay service charges due, within 15 days of their due date. If you have a fixed length contract you will still be liable for any and all charges due until the end of your agreed contract period.
Following termination of your license for whatever reason:
- You will destroy any downloaded software together will all copies in any form, including copies on your hard and backup disks.
- Any use of any copies of the software will be unlawful; and MotorDesk shall have the right to delete your stored Data without liability for loss or damage.
- MotorDesk will remove and destroy all of your data during the use of the service immediately after the termination date of this agreement.
Entire and Final Agreement
- This agreement shall constitute the entire agreement and understanding between the parties with respect to all matters, which are referred to and shall supersede any previous agreement(s) between the parties in relation to the matters referred to in this agreement.
- Neither party shall be liable for any failure or delay in performance which is caused by circumstances beyond the reasonable control of that party including but not limited to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, earthquake, flood, riot, embargo, government act, civil disturbances, acts of military authorities, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts of omissions of communications carriers, unauthorized use of the Services, or other causes beyond the parties control, whether similar to the foregoing or not.
- Continued use of the service is construed as your acceptance of the currently posted Terms & Conditions. Customers are advised to visit MotorDesk's website from time to time and review the Terms & Conditions to acquaint themselves with the provisions of the Agreement. The laws of the United Kingdom shall govern the Agreement, without giving effect to applicable conflict of laws provisions. The courts of the United Kingdom alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services.
- BY REGISTERING FOR THE MOTORDESK SERVICE AND MAINTAINING AN ACCOUNT, I, THE CUSTOMER OR USER, ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Your privacy is important to us. It is MotorDesk's policy to respect your privacy regarding any information we may collect from you across our website, http(s)://motordesk.com, and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we're collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we'll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.
We don't share any personally identifying information publicly or with third-parties, except when required to by law.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
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All content on 'motordesk.com' (and associated subdomains) is copyrighted to Chief Mechanic Limited T/A MotorDesk, unless clearly stated otherwise. All of MotorDesk's content originates from the United Kingdom and is therefore governed by the copyright laws of the United Kingdom.
MotorDesk is owned and operated by Chief Mechanic Limited.
Postal Address: Chief Mechanic Limited, 13 Church Rd, Chelmondiston, Ipswich, IP9 1HS, UK
Chief Mechanic Limited is a registered company in England, Company No. 13204735.
Chief Mechanic Limited is authorised and regulated by the Financial Conduct Authority, FRN. 954538.
Chief Mechanic Limited is registered with the ICO (Information Commissioner's Office), Registration No. ZB073696.