Terms and Conditions

1.About these terms

1.1These terms and conditions (Terms) govern your access to and use of our digital services, which include the Car Handovers mobile application (“App”) and any functionality, services, features or content that we provide when you pay for access to our subscription offering (“Subscription Services”) (together, the “Services”).

1.2By accessing or using any of our Services you agree to be bound by these Terms. If you do not agree, you must not use the Services. If you pay to access the Subscription Services, additional terms in section 7 below will apply.

1.3These Terms also refer to our Privacy Policy, which also apply to the use of our Services. Our Privacy Policy www.carhandovers.com/privacy which explains how we collect, use and store your personal data.

1.4We may update these Terms from time to time. The updated terms will apply from the date stated in them. We will endeavour to provide you with reasonable notice of any major changes. Your continued use of the Services after changes take effect constitutes acceptance of the updated terms.

2.Who we are and how to contact us

2.1We are Auto Payments Limited, a company registered in England and Wales with company number 17131954 and registered office at 78 York Street, London, United Kingdom, W1H 1DP.

2.2You can contact us by email at info@carhandovers.com. If we need to contact you, we will do so by email using the contact details associated with your account or listed in your query.

3.Eligibility and account registration

3.1You must be at least eighteen (18) years old and have the legal capacity to enter into a binding contract to use our Services and pay for access to the Subscription Services. If you create an account on our App or pay for access to the Subscription Services (“Account”), it is your responsibility to provide accurate, current and complete information and keep it updated. We are not responsible for any loss, delay, non-delivery or miscommunication arising from inaccurate or outdated information supplied by you, and you shall have no entitlement to any refund, credit or chargeback, nor any right to dispute fees or charges, as a result of such errors.

3.2You are responsible for maintaining the confidentiality of your login credentials and for all activities under your Account. You must notify us promptly at support@carhandovers.com if you suspect any unauthorised access to your Account.

3.3We may refuse registration, suspend or close your Account at our discretion where we reasonably believe there has been a breach of these Terms or for security, legal or regulatory reasons.

4.User Obligations and Acceptable Use

4.1You are responsible for ensuring that all vehicle information, condition records, damage descriptions, photographs, videos, acknowledgements and signatures recorded through the Services are accurate and complete.

4.2You agree to use our Services only for lawful purposes and in accordance with these Terms. In particular, you must not:

1. 4.2.1infringe any applicable law or regulation, or the rights of any person, including, without limitation, intellectual property, privacy or confidentiality rights;
2. 4.2.2upload, post, transmit or otherwise make available any content that is unlawful, defamatory, obscene, offensive, misleading or harmful;
3. 4.2.3access, use or attempt to access or use another user’s account without permission;
4. 4.2.4and must not allow any third party to, copy, scrape, crawl, mine, harvest, index, cache, reproduce, frame, mirror, download, export, aggregate or otherwise access or extract any data, content, information, metadata or materials from the Services, except as expressly permitted in these Terms or by applicable law;
5. 4.2.5interfere with or disrupt the operation of the Services or any related networks or systems, including, without limitation, by introducing viruses, malware or other harmful code;
6. 4.2.6circumvent, disable, or interfere with security-related features or usage limits;
7. 4.2.7reverse-engineer, decompile, or disassemble any part of the Services except to the extent that such restriction is prohibited by law;
8. 4.2.8use the Services for any purpose not expressly permitted by these Terms, including reselling, sublicensing or making the Services available to unauthorised third parties.; and
9. 4.2.9provide false, inaccurate or misleading information in connection with the Services, including, without limitation, vehicle details, condition reports, damage descriptions, photographs, videos, electronic signatures, handover records or other information submitted through the Services.
10. 4.2.10use the Services in a manner that creates misleading or inaccurate vehicle handover records or otherwise undermines the integrity, reliability or intended purpose of the Services.

4.3We may remove or disable content that breaches these Terms and may report unlawful conduct to law enforcement where we consider it appropriate to do so.

5.The Services

5.1The Services provide a cloud-based vehicle handover documentation platform which enables authorised users to: 

1. 5.1.1create and manage vehicle handover records;
2. 5.1.2capture and store vehicle details, vehicle condition information and damage observations;
3. 5.1.3upload, store and retrieve photographs and video walk-arounds;
4. 5.1.4obtain electronic signatures and acknowledgements from drivers, customers and other users;
5. 5.1.5generate PDF vehicle handover reports;
6. 5.1.6access historical handover records and associated materials; and
7. 5.1.7use related features, functionality and integrations that we may make available from time to time.

5.2We may update, modify, add to or remove functionality from the Services at any time.

5.3Certain features of the Services may utilise artificial intelligence or automated technologies to assist users in processing information, generating summaries, organising records or improving functionality. Any outputs generated by such technologies should be reviewed by users and do not replace professional judgement.

5.4The Services operate as a record-keeping and documentation platform. We do not inspect vehicles, verify vehicle condition, verify damage reports, verify vehicle ownership or verify the identity or authority of any person using the Services.

5.5Any information, photographs, videos, damage assessments, acknowledgements, signatures or other content recorded through the Services are provided by users and remain their responsibility.

5.6Handover Records, photographs, videos, signatures and PDF reports generated through the Services are provided for record-keeping purposes only. The Services do not provide legal, insurance, valuation, engineering or professional advice. Users should exercise their own judgement and obtain professional advice where appropriate.

5.7The accuracy and completeness of all photographs, videos, condition reports, damage records, acknowledgements, signatures and other information entered in the App are the responsibility of the relevant users.

5.8We do not verify any information uploaded or recorded through the Services and do not warrant that:

1. 5.8.1any Handover Record is complete or accurate;
2. 5.8.2any Handover Record conclusively establishes the condition of a vehicle at any time;
3. 5.8.3any Handover Record conclusively establishes liability for vehicle damage; or
4. 5.8.4any Handover Record, report, photograph, video or signature will be accepted as evidence by a court, insurer, arbitrator, adjudicator or third party.

5.9Subject to applicable law and our Privacy Policy, vehicle handover records, photographs, videos, electronic signatures, PDF reports and related metadata are generally retained for two years from the relevant handover date. At the end of that period such materials may be permanently deleted and may not be recoverable.

5.10Customers are responsible for downloading and retaining copies of handover records, photographs, videos and reports that they wish to preserve beyond the applicable retention period. We shall have no obligation to maintain copies of such materials after expiry of the applicable retention period.

5.11We do not guarantee that the Services will be available continuously, error-free or uninterrupted. The Services may be suspended, restricted or temporarily unavailable due to maintenance, upgrades, security incidents, third-party service failures or other operational reasons.

5.12The Customer is responsible for ensuring that its users:

1. 5.12.1accurately record vehicle condition;
2. 5.12.2accurately identify and document damage;
3. 5.12.3obtain appropriate photographs and video footage;
4. 5.12.4obtain all necessary signatures and acknowledgements;
5. 5.12.5ensure that any individual providing an electronic signature has the authority to do so and that all necessary consents have been obtained; and
6. 5.12.6comply with all applicable laws relating to vehicle handovers and data protection.

We shall not be responsible for any loss arising from inaccurate, incomplete or misleading information entered into the Services by users.

6.Subscription Services

6.1Subscriptions are available on a monthly or annual basis. The price is the one shown in the relevant app store at the time of purchase, in your local currency and inclusive of any applicable tax. .

6.2The following terms apply to our Subscription Services:

1. 6.2.1Subscription tiers and access. Subscription plans, pricing, included features, storage allowances and user limits are described on the App at the time of subscription. We may modify, add, remove or replace features and functionality from time to time provided that any changes do not materially reduce the overall functionality of the Subscription Services during a current subscription term.
2. 6.2.2Subscription term and renewal. Subscriptions are offered on a monthly or annual basis. Your subscription starts on the date of purchase and continues for the applicable subscription period. Subscriptions renew automatically at the end of each subscription period for the same duration, unless you cancel before the renewal date in accordance with the relevant provider's terms and policies. Where required by law, we will notify you in advance of any changes to pricing or key subscription terms before renewal. You can manage or cancel your subscription through the relevant app store from which you purchased your subscription.
3. 6.2.3Pricing. The price for each subscription tier is as stated in the relevant app store at the time of purchase, inclusive of any applicable tax. Monthly subscriptions are charged on a recurring monthly basis, and annual subscriptions are charged in full at the start of each annual subscription period. We may change subscription prices for new subscriptions or on renewal from time to time. Where required by law, we will notify you in advance of any price changes affecting your subscription and give you the option to cancel before the revised price is charged.
4. 6.2.4Payment. Subscription fees are payable in advance using the payment methods made available on the App. By providing your payment details, you authorise us and our payment processors to charge the applicable subscription fees and any relevant taxes in accordance with your chosen subscription term (monthly or annual). If a payment is unsuccessful, we may suspend access to the Subscription Services until payment is received.
5. 6.2.5Cancellation. You may cancel your subscription at any time through the applicable app store from which you purchased your subscription (including the Apple App Store or Google Play Store). Cancellation requests, billing management and subscription termination are handled exclusively by the relevant app store provider and are subject to that provider’s terms and policies. Unless otherwise provided by the relevant app store, cancellation will take effect at the end of the current billing period, and you will continue to have access to the Subscription Services until the end of the paid subscription term.
6. 6.2.6Refunds. All refund requests relating to Subscriptions must be submitted directly to the relevant app store provider and will be assessed in accordance with that provider's applicable terms, conditions and refund policies. We do not process, approve or administer refunds for subscriptions purchased through those platforms. Nothing in these Terms limits any rights you may have under applicable law or under the policies of the relevant app store provider.
7. 6.2.7Authorised Users. The Customer shall ensure that only authorised users access the Subscription Services. The Customer remains responsible for all acts and omissions of its authorised users.

7.Electronic Signatures

7.1Where you provide an electronic signature, acknowledgement or confirmation through the Services and/or the Platform:

1. 7.1.1you acknowledge that such signature, acknowledgement or confirmation may be incorporated into a Handover Record;
2. 7.1.2you acknowledge that the resulting Handover Record, including your electronic signature, may be accessed and used by Authorised Users of the relevant Customer and by the Licensor for the purposes of providing the Services;
3. 7.1.3you consent to the storage of the electronic signature as part of the relevant Handover Record;
4. 7.1.4you acknowledge that a PDF handover report generated through the Services may contain your electronic signature, acknowledgement or confirmation; and
5. 7.1.5you acknowledge that your electronic signature, acknowledgement or confirmation may be retained as part of the relevant Handover Record and may be used as evidence that you provided that signature, acknowledgement or confirmation through the Services.

7.2You represent and warrant that where you have provided an electronic signature, acknowledgement or confirmation on behalf of another person or organisation, you have the authority to do so and have obtained all necessary permissions and consents.

8.Data protection

8.1When you create an account, pay to access the Subscription Services or otherwise use the Services, we will process your personal data as necessary to provide and operate the Services, manage your account, process payments, communicate with you, prevent fraud and comply with our legal and regulatory obligations.

8.2Further information about how we collect, use and share personal data analytics, marketing preferences, international data transfers, and your data protection rights, is set out in our Privacy Policy www.carhandovers.com/privacy, which is incorporated into these terms by reference.

9.Intellectual Property

9.1All intellectual property rights in and to the App and Subscription Services including all software, source code, object code, databases, designs, user interfaces, documentation, reports, trademarks, logos, business names, graphics, text and other materials made available through the Services, are owned by us or our licensors. Our logos, trademarks and service marks may not be copied, reproduced or used without our prior written consent. All rights are reserved.

9.2Subject to these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the App and Subscription Services during your subscription term solely for your internal business purposes.

9.3You acknowledge that all intellectual property rights in the App and Subscription Services remain vested in us or our licensors and, except for the limited rights expressly granted under these Terms, no rights are granted to you.

9.4You retain ownership of all photographs, videos, vehicle information, handover records, electronic signatures, reports and other content uploaded, submitted or generated by you through the Services ("Customer Data"). You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce and use Customer Data to the extent necessary to provide, maintain, secure and improve the Services and to comply with legal obligations.

9.5You must not copy, reproduce, distribute, modify, adapt, reverse engineer, decompile, disassemble, create derivative works from, republish, sell, licence, exploit or otherwise make available any part of the App or Subscription Services except as expressly permitted by these Terms or applicable law

10.Suspension and termination

10.1We may suspend or terminate your Account, Subscription Services or access to the Services in general with immediate effect if you breach these Terms, if we reasonably suspect fraudulent or unlawful activity, if payment of any fees is overdue, or where required to do so by law or regulation. We may also suspend or terminate all or part of the Services for business or operational reasons, giving reasonable notice where practicable.

10.2You may close your Account at any time or terminate the Subscription at any time through the relevant app store, in accordance with its terms and policies. Termination will not entitle you to a refund of fees already paid unless required by law or expressly stated otherwise in these Terms. Upon termination, your right to use the Subscription Services will end, and we may delete or disable access to your content, subject to any legal obligations to retain personal data.

10.3Following termination, Customer Data will be retained in accordance with our applicable retention policies and Privacy Policy.

11.Confidentiality

11.1Each party must keep confidential any non-public information disclosed by the other party that is marked as confidential or that a reasonable person would understand to be confidential, including, without limitation, business, technical and financial information. The receiving party may use such information only to perform its obligations or exercise its rights under these Terms and must protect it using reasonable care.

11.2This obligation does not apply to information that: (a) is or becomes public through no fault of the receiving party; (b) is independently developed by the receiving party; or (c) must be disclosed by law or a competent authority, provided that the receiving party gives prompt notice to the other party where lawful to do so.

12.Limitation of liability

12.1Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.

12.2Subject to section 12.1, we will not be responsible for losses arising from your use of any third-party products or services, or from any links to third-party websites, applications or platforms made available through the Services. Any such use is subject to the relevant third party’s terms and conditions.

12.3Subject to section 12.1, and to the extent permitted by law, we will not be liable for any:

1. 12.3.1loss of profits, sales, business or revenue;
2. 12.3.2loss of business opportunity, goodwill or reputation;
3. 12.3.3business interruption;
4. 12.3.4loss of anticipated savings;
5. 12.3.5loss or corruption of data; and/or
6. 12.3.6indirect or consequential loss; and

our total aggregate liability to you arising out of or in connection with the Services and these Terms (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

12.4We shall not be liable for:

1. 12.4.1any dispute concerning whether vehicle damage existed before, during or after a handover;
2. 12.4.2the accuracy, completeness or reliability of information entered into the Services by users;
3. 12.4.3the authenticity, enforceability, authority or validity of any electronic signature; or
4. 12.4.4any decision of an insurer, court, arbitrator, adjudicator or third party concerning the evidential value of any Handover Record, report, photograph, video or signature.

13.Indemnity

13.1If you use the Services in the course of business, you agree to indemnify us against any losses, liabilities, damages and reasonable costs (including reasonable legal fees) arising out of or in connection with:

1. 13.1.1your breach of these Terms;
2. 13.1.2your misuse of the Services; and/or
3. 13.1.3any content or information you submit or otherwise provide through or in connection with the Services that infringes the rights of a third party or breaches applicable law.

14.Complaints and dispute resolution

14.1If you have a complaint, please contact us at support@carhandovers.com with details of your concern. We will acknowledge receipt of your complaint and aim to resolve it promptly and fairly.

14.2Nothing in this section affects your statutory rights or your right to bring proceedings before the courts of England and Wales.

15.General

15.1Governing law and jurisdiction. These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

15.2Severance. If any provision is held to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and if not possible, it shall be deemed deleted without affecting the validity of the remaining provisions.

15.3Assignment. You may not assign, transfer or otherwise deal with any of your rights or obligations under these Terms without our prior written consent.

15.4Waiver. A failure or delay by either party to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right or provision, nor prevent its future exercise or enforcement.

15.5Entire agreement. These Terms, together with the Privacy Policy and any subscription-specific terms referenced at the time of purchase, constitute the entire agreement between you and us in relation to the Services and supersede all prior or contemporaneous agreements, representations or understandings.

15.6Notices. Any formal notice to us must be sent to support@carhandovers.com. We may give notices to you using the contact details associated with your account or by other reasonable means.

15.7Third-party rights. No person other than you and us shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

15.8No partnership or agency. Nothing in these Terms creates a partnership, joint venture or agency relationship between you and us, and you do not have authority to bind us in any way.

15.9Survival. Any provision of these Terms which by its nature is intended to survive termination shall continue in effect.

16.Events outside our control

16.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 16.2.

16.2An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.

16.3If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:

1. 16.3.1our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
2. 16.3.2we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.