TERMS & CONDITIONS
Website owner, the offering, and binding of Terms
This website is owned and operated by Motoiva. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the opportunity to view and book online the services offered by Motoiva. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
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Who can use your website; what are the requirements to order online
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
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Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
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Cancellation Policy
You are able to cancel or re-schedule your service free of charge up to 24 hours before the start time. Less than 24 hours notice will unfortunately result in a 25% cancellation fee. If you cancel your service within 60 minutes of the start time, you will then be subject to a 50% cancellation fee.
Delayed Or Failed To Arrive Policy
If in the unfortunate case we cannot make your appointment due to unforeseen circumstances and cannot re-schedule you in at another time in that working day then we will offer you a couple options, the first option available is to re-schedule your appointment to another free time slot or the second option available is to cancel your appointment and be given a complete refund.
Estimated times for our arrival and completion may be provided through our online booking and services pages, however these are only estimates. We shall try to inform you on the day of our expected arrival via phone, sms or email. We do not guarantee that orders will be completed within the estimated times.
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If we are delayed or are expecting to arrive late by more than 10 minutes from the start time of your appointment then we shall try to contact you and inform you of this delay, if we are delayed and expect to arrive over 60 minutes late from the original start time of your appointment then we will contact you, inform you of the issues and then offer one of the three options. The first option is to carry on with the appointment if viable to both you and the mobile valet, the second is to offer you the ability to re-schedule your appointment for another free time slot, the third option being a full refund.
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Extreme/Bad Weather
With our service being a mobile one where we primarily work outside, we are at the weather's mercy. Whilst we will try our best to work in whatever conditions are thrown at us, the point at which the quality of work drops below our standards due to the weather is the point we will stop and try to come up with a solution to get around this issue with you. Typically, if you have a garage or some kind of shelter where your vehicle can be safe and placed into, and we can get our van to within our working distance of your vehicle, then we can continue with your service. In the extreme circumstances where this isn't possible, we will either allow you to reschedule the service for another time or cancel the service and get a partial or full refund, which will be dependent on how much work has been carried out prior to us having to stop due to the extreme conditions.
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If there is severe weather forecast before we arrive for your service, and we deem it to be unworkable, then we will notify you and let you know what further actions you can take. The two options you have are to either reschedule the service for another time, or you can cancel the service and get a full refund.
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The mobile valet fails to locate your vehicle
If the mobile valet fails to locate you or the vehicle they are scheduled to work on, they will try to contact you, if successful, and you give them new direction they will try again to locate you and the vehicle. If you have provided incorrect details as to the whereabouts of the vehicle, and as a result we have to travel a distance greater than a mile from the original location given to us to begin working on it, you will be charged a fee for us to relocate to you and your vehicle. This will be coordinated to you through Motoiva.
In the case where you do not answer the mobile valet or attempt to communicate to the mobile valet or Motoiva the whereabouts of you or your vehicle, the mobile valet will wait at the location you provided us, the mobile valet will wait there for up to 30 minutes. If you turn up late for your appointment or delay it by more than 10 minutes due to these circumstances, then you will be subject to additional fees that will be coordinated to you by Motoiva. If you & the vehicle we have scheduled for a service still fail to show up after 30 minutes, and the mobile valet has tried to contact you at least 3 times on the details that you have provided. The mobile valet will leave that location, and you will not be given any refund.
If your vehicle's engine is warm and unsafe to work on
On our arrival if the mobile valet discovers during the initial inspection of your vehicle that the engine is warm and above the limits that we deem safe to carry out a service to your vehicle they will wait until the engine has cooled down enough for them to safely carry out our service to your vehicle, if we are required to wait for over 10 minutes before your engine cools down there will be an additional charge for our time, or in extreme circumstances where the engine is so warm and the length of time it takes to cool down to be safe for the mobile valet to carry out the services on your vehicle results in the mobile valet running late for other customers that have booked our services than the mobile valet will leave and not perform the service. You the customer will not receive a refund for this service you have purchased, but you will be able to reschedule your service for another time. There will be a compulsory fee which sums to 25% of the total price of the original service you purchased. All additional fees and re-bookings will be coordinated between you the customer and Motoiva.
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Price adjustment of the service and refusal to carry out the service by the mobile valet
The mobile valet reserves the right to charge an additional fee or refuse to complete the services paid for, subject to an inspection of the car before the work begins. Excessively dirty cars may incur a surcharge. You will be informed at the time and any surcharge will be coordinated by Motoiva. If the mobile valet refuses to clean your car and has reasonable grounds to justify it such as they might be exposed to any hazardous materials or anything that presents a threat to the health and well-being of that individual, then you the customer will be informed, and you will not be eligible for a refund of that service.
Damaged property
In the event that there is damage to a vehicle, Motoiva will coordinate a resolution between the customer and Motoiva’s insurance provider.
Post service safety checks
After the service has been completed on your vehicle, before you drive/ride that vehicle, it is solely your responsibility to carry out any relevant safety checks that you would need to do before travelling in your vehicle to make sure that it is roadworthy, abides by any laws relevant to you & it and that it is safe to drive on the public roads & highways. Any child seats found in your vehicle if required, they will be removed for the cleaning process and then will be placed back inside your vehicle. It will not be re-fitted by the mobile valet. It is solely your responsibility to ensure the correct fitment of any child seats or safety related devices in your vehicle prior to you commencing any journey. You the customer accept full responsibility for everything covered in this section relating to carrying out safety checks of your vehicle and of the relevant safety equipment fitted inside or out of your vehicle, as a result you agree to not hold the mobile valet, the owner of the website & Motoiva responsible for any damages of any description to anything such as public/private property, 3rd party damage or human life, and you agree to not indemnify us in any way.
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Payment
Motoiva uses Wix Payments to process all payments. Payment for a service can be made by Apple Pay, credit or debit card through our online booking platform. Once your order has been placed, your credit or debit card will have been authorised and the amount marked for payment. Payment is then made directly to Motoiva.
Occasionally there may be delays with the processing of your card payments and transactions; this may result in payments taking up to 60 days to be deducted from your bank account or charged to your credit or debit card. Please contact us directly should you have any payment related queries.
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Refund of payment
Once you have submitted an order that you have payed for by Apple Pay, credit or debit card and your payment has been authorised, your bank or card issuer will hold the full amount of your order. A cancellation of an order does not guarantee that the funds will be released straight back into your account immediately. You acknowledge and agree that we will not be responsible or liable to you in relation to a delay by your bank or card issuer in the release of any funds back into your account.
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Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of the owner of the website and Motoiva. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
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Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
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Indemnification
You agree to indemnify and hold the owner of the website and Motoiva harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
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Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the owner of the website and Motoiva, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, the owner of the website and Motoiva assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Carrying out Services on land not owned by the customer
If the service is not taking place on private property owned by the customer then it is the customer's responsibility to get the correct permission of usage of the land from the landowners, property owners or the relevant authorities. This must be done before the mobile valet arrives to carry out their service. Unless told otherwise, the mobile valet will assume that they are free to carry out the service on the land the vehicle sits on. You the customer are accepting the full responsibility for carrying out the relevant checks and getting the permissions needed, any legal action or consequences as a result of you failing to do so or through your failure to communicate this information to the mobile valet or Motoiva will solely be held accountable to you. You will not hold the mobile valet, the owner of this website & Motoiva responsible for any of these actions and you the customer will accept full responsibility and whatever consequences may come as a result of your actions.
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Using photos from the services we carried out
Any photos that we take during the process are held securely by Motoiva, we take photos of the following: Your vehicle, any damage to your vehicle, signs of wear and tear to your vehicle and then anything else we deem as relevant. These photos are used as proof of the condition your vehicle was in before we start any of our services on them. We then use some of these photos in a form that we end up sending to you. With your approval, after your service has been complete, we will use any of the photos taken from the service we completed for you on our website and other social media platforms for both commercial and non-commercial purposes. Before we use these photos, any personal or sensitive information relating back to you will be cut or blurred out from them (such as your number plates). If you wish for any photos related to the service we provided you to no longer be used on any of our platforms, then please get in contact with us, and we will remove them.
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Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the England, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in England. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
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Reviews or write ups of any description in relation to anything about Motoiva
Any reviews or information you upload to our website or anywhere else which involves or is related to Motoiva in any way will be considered non-confidential and non-proprietary. When you post and upload any visitor data, you represent and warrant that you own or otherwise control all of the rights to such visitor data. You agree that we will have no obligations with respect to any visitor data and that we and anyone we choose will be free to use this data for all commercial and non-commercial purposes.
Removal of reviews & visitors data
The owner of the website and Motoiva have the sole right to remove or edit at any time any reviews or other visitor material posted or uploaded to this platform that they deem unacceptable.
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For any queries please contact us via email at mobilevalet@motoiva.com
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