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HANDL

TERMS AND CONDITIONS

WHO WE ARE

We are Handl Automotive a trading name of Southview Caledonia Limited (we, our, us). We are registered Scotland. Our company registration number is SC593102 and our registered office is at Southview, Blackburn, Aberdeen, AB21 0SR

THESE TERMS

These terms and conditions (together with the documents referred to in them) (the Terms) govern your relationship with us when you use our platform located at www.handlauto.com (the Platform) and use any of the services provided via the Platform (the Services).

Please refer carefully to these Terms before you start to use the Platform and the Services. We recommend that you print a copy of these Terms for future reference. By using the Platform and the Services, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us. 

OTHER APPLICABLE TERMS

These Terms include our Privacy Policy www.handlauto.com/privacy ] (the Privacy Policy), which sets out: (a) the terms on which we process any personal data we collect from you or that you provide to us; and (b) information about the use of cookies on the Platform.

CHANGES TO THESE TERMS

At any time, we may amend these Terms to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience using the Platform, the App (as defined below), and the Services.

Please check this page from time to time to take notice of any changes we have made. By continuing to use the Platform, the App, and any of the Services after changes are made, you are accepting those changes and will be bound by them.

THE SERVICES WE PROVIDE

We offer various Services via the Platform, including those which allow you to:

·       create a personal account on the Platform;

·       use the marketplace to order, pay for and track the various car servicing, valeting, concierge, and other services provided via the App (the Concierge Services).

The list above is not an exhaustive list of the Services and we may decide to offer additional Services, or cease to provide any Services, at any time.

MEMBER REGISTRATION

You do not have to register to the Platform, but access to certain of the Services (including the automated services) is only available to registered users. Registered users are referred to in these Terms as Members (and Membership will be construed accordingly).

To register, you will need to complete a simple registration process by providing certain information (including your name, email address, phone number, postcode, and car make and model) and choosing a username and password for use in connection with your Membership. 

You agree that you will provide truthful and accurate information when registering for Membership. The decision to register a password is in our discretion and we may revoke your password at any time.

You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that occur under your password or account and for any access to or use of the Platform, App, or the Services by you or any person or entity using your password, whether or not such access or use has been authorised by you.

You must immediately notify us of any unauthorised use of your password or account or any other breach of security relating to the Platform. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.

You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time or email us at hello@handlauto.com to notify us of any changes.

THE CONCIERGE SERVICES (INCLUDING HOW WE ACCESS YOUR VEHICLE)

When you have completed the registration process, we will assign you a unique customer number (Customer ID Number).  The Customer ID Number can be used to track Concierge Services you have ordered, and as an identifier should any issues occur.

Concierge Services are provided on an on-demand basis. This means that you can decide the frequency and type of Concierge Services you receive, and you only pay for Concierge Services you have booked and received.

You do not need to be present when the Concierge Services are performed. If you have signed up for ‘external’ Concierge Services (i.e. services that do not need your car to be unlocked) then we will arrange for the relevant Concierge Service to be provided at the address indicated by you during the ordering process. If you have ordered Concierge Services which do require access to your car, then you will need to sign in to your manufacturer-specific connected car account on the App and approve Handl to unlock your car without the key in order to enable us to deliver the Concierge Services to you. Details of how to do this are all set out on the App itself.

You will be notified via SMS before the Concierge Services are to be performed, and after they have been completed. You may also use the website to change and/or cancel your Concierge Service request [up to [48] hours before it is due to take place]. 

Certain Concierge Services may only be available in certain geographical areas. When you request Concierge Services, you will only be able to select Concierge Services that are available in the area where your car is located.

THIRD PARTY SERVICE PROVIDERS

We use a nationwide network of reputable third party service providers to provide the Concierge Services (Third Party Service Providers).

We remain responsible for the quality of the Concierge Services provided by the Third Party Service Providers. All issues regarding the provision of the Concierge Services should be raised with us by using the contact details provided below.

FEES AND PAYMENT

Access to the Concierge Services can be obtained by Members on payment of the relevant fees (the Concierge Fees). All Concierge Services are subject to an additional call-out fee (Call-Out Fee), which is payable with the Concierge Fees. If you book a number of Concierge Services to be provided at the same time, you will only be charged one Call-Out Fee.

Concierge Fees and Call-Out Fees are payable up-front (i.e. before you receive the relevant Concierge Service) and on an ‘on demand’ basis (i.e. you only pay for Concierge Services you have requested via the website).

Prices will appear on the relevant page(s) of the Platform and/or the App. Our Call-Out Fee is currently included but we may change the Call-Out Fee, or any other prices, at any time by posting new prices on the Platform and/or the App, but such changes will not affect any Concierge Services you have already booked and paid for. We will make it clear to you before you finalise a booking for Concierge Services what the total fees will be.

We accept the following cards for payment: Visa, American Express, Mastercard and Maestro. By paying using your credit or debit card you confirm that the card is yours. We also accept payment using PayPal, Apple Pay or Android Pay. You confirm that there are sufficient funds or credit available to cover the relevant Concierge Fees and Call-Out Fees.

YOUR RIGHTS TO END THE CONTRACT

You can always end your contract with us. Your rights when you end the contract will depend on what you have ordered, how we are performing and when you decide to end the contract:

·       if the Concierge Service you have ordered is misdescribed you may have a legal right to end the contract (or to get the Concierge Service re-performed or to get some or all of your money back);

·       if you want to end the contract because of something we have done or have told you we are going to do, see the ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO section below;

·       if you have just changed your mind about a Concierge Service you have ordered, see the WHEN YOU CAN CHANGE YOUR MIND ABOUT CONCIERGE SERVICES YOU HAVE ORDERED section below.

ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO

If you are ending the contract between us for any of the following reasons, the contract between us will end immediately and we will refund you for any Concierge Services which have not been provided:

·       we have told you about an upcoming change to the Concierge Services which you do not agree to;

·       we have told you about an error in the price or description of the Concierge Services you have ordered and you do not wish to proceed; or

·       there is a risk that supply of the Concierge Services may be significantly delayed because of events outside our control.

WHEN YOU CAN CHANGE YOUR MIND ABOUT CONCIERGE SERVICES YOU HAVE ORDERED

For Concierge Services you have ordered via the website, you can cancel up to 14 days after the day we notify you to confirm we accept your order. However, once we have completed the Concierge Services you cannot change your mind, even if the cancellation period is still running. If you cancel after we have started the Concierge Services, you must pay us for the Concierge Services provided up until the time you tell us that you have changed your mind.

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

To end the contract with us, please let us know by doing one of the following:

·       Call customer services on 07557 258 940 or email us at hello@handlauto.com. Please provide your Customer ID Number, details of the order and your phone number and email address.

·       Complete the form on our website hello@handlauto.com

·       Print off the MODEL CANCELLATION FORM below and post it to us at the address on the form. Or simply write to us at that address, including details of the Concierge Services you ordered, when you ordered them and your name and address.  

We will refund you the price you paid for the Concierge Services and the Call-Out Fee, by the method you used for payment. However, we may deduct from any refund an amount for the supply of the Concierge Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

APP LICENCE RESTRICTIONS

Except as expressly allowed in these Terms, you may not:

·       copy the App (except where such copying is enabled by the App);

·       transfer the App to anyone else;

·       sub-license or otherwise make the App available in whole or in part (and whether in object or source code form) to any person;

·       make any alterations to, or modifications of, the App; or

·       disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do so,

(together the App Licence Restrictions).

ACCEPTABLE USE RESTRICTIONS

You may use the Platform, the Services and the App only for personal and lawful purposes. In particular, but without limitation, you agree not to:

·       use the Platform, the App, or the Services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

·       abuse, harass, impersonate, intimidate, or threaten other Members or otherwise behave in an inappropriate manner whilst accessing or using the Services (including the Gallery);

·       use, share, or otherwise exploit the Platform, the Services, or the App for any commercial, business, or monetised purpose whatsoever;

·       reproduce, duplicate, copy, share, or re-sell any part of the Platform, the Services, or the App in contravention of these Terms;

·       use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Members;

·       transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Platform and/or the Services; or

·       access without authority, interfere with, damage or disrupt: (a) any part of the Platform; (b) any equipment or network on which the Platform is stored; (c) any software used in the provision of the Platform (including the App); or (d) any equipment, network or software owned or used by any third party,

(together the Acceptable Use Restrictions).

OUR RIGHTS TO END THE CONTRACT

We may end the contract between us, and/or your rights under these Terms, immediately and without notice if:

·        you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

·        you breach any of the APP LICENCE RESTRICTIONS or the ACCEPTABLE USE RESTRICTIONS;

·        we believe that your use of the Platform, the App and/or the Services is unsuitable in any way; or

·        you are otherwise in breach of these Terms.

If you or we end your rights under these Terms or when your Membership ends:

·        you must immediately stop all activities authorised by these Terms, including your access to the Platform, all Services, and your use of the App; and

·        you must immediately delete or remove the App from all devices then in your possession, custody or control and, if required, confirm to us that you have done so.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that:

·        the App, the Platform, and all material published on, in, or via the Platform and the App (including but not limited to all text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, and  data (together the Content)) are owned and controlled by or licensed to us;

·        you have no rights in, or to, the Content other than the right to use the Content strictly in accordance with these Terms; and

·        you may not copy, adapt, display, share, communicate to the public or otherwise use any Content except as enabled and permitted by the Services and these Terms from time to time. 

AVAILABILITY OF THE APP AND THE PLATFORM

The Platform and the App are provided on an “as is” basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform or the App, or that the Platform or the App will be secure, uninterrupted or free of defects.

Your access to the Platform and/or any of the Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. We will try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Platform and/or any of the Services is/are unavailable at any time or for any period.

UPDATES TO THE APP

From time to time updates to the App may be issued through the Platform or the relevant app store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.

WEBSITES WE LINK TO

The Platform may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.

COMPUTER VIRUSES

We will use reasonable endeavours to ensure that no part of the Platform or the App will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers and any other devices used to access the Platform, the App and the Services run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Platform and regularly check for the presence of viruses and other malicious code.

To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Platform.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

If we are providing Concierge Services to your vehicle, we will make good any damage to your vehicle caused by us (or the Third Party Service Providers) while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your vehicle that we (or the Third Party Service Providers) discover while providing the Concierge Services.

We provide the Platform, the App and the Services for domestic and private use only. You agree not to use Platform, the App or the Services for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If the App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an App update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software advised by us.

COMMUNICATION BETWEEN US

If you wish to contact us for any reason, or if any condition in these Terms requires you to give us notice in writing, you can contact us by email at hello@handlauto.com

If we have to contact you or give you notice in writing, we will do so by email [or SMS using the contact details you have provided to us during registration (if applicable).

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

These Terms are governed by Scottish law and the courts of Scotland have non-exclusive jurisdiction.

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