These Terms govern your use of the MOT SMS reminder service provided by WAYMOT (the Service). By registering for the Service
you will be taken to have read, understood and accepted these Terms in the same way as if you had signed a printed
version. These Terms will apply separately to each Registration.
1. DEFINITIONS
1.1 Unless
the context otherwise requires: Cellular Network(s) means a mobile telephone network operated in the United Kingdom;
Cellular Phone means a digital cellular handset capable of receiving SMS information services that is connected
to a Cellular Network and used to Register for the Service; Register and Registration means the process set out
at www.gov.uk/getting-an-mot/mot-text-reminder-service which You followed to subscribe for the Service; Registration
Charge means the one-time charge You will pay WAYMOT after each Registration; Service Provider means a third party
that You have a contract to use Your Cellular Phone with, where such third party is not the Cellular Network to
which the Cellular Phone is connected; and SMS means a text messaging facility of a Cellular Phone.
2. CONDITIONS
2.1 These Terms govern WAYMOT’s provision of the Service to You. WAYMOT will provide the Service by using
the SMS facility of any Cellular Network capable of receiving the Service. All data belongs to WAYMOT and the
garage pays for WAYMOT to send MOT reminders to the customer through different channels.
2.2 To Register and
receive the Service, You will need to: (a) obtain and maintain a Cellular Phone - this includes ensuring the Cellular
Phone is charged, has enough credit to pay the Registration Charge and has enough space in the Cellular Phone
SMS inbox to receive the Service; and (b) ensure that Your Cellular Phone is connected to a Cellular Network suitable
for receiving the Service from WAYMOT.
2.3 You warrant to WAYMOT that You are: (a) the owner or legitimate
user of the Cellular Phone and you are the current owner of the vehicle.
2.4 If You sell the vehicle that You Registered for the Service before these Terms expire, then its your responsibility
to update your vehicle registration and add new registration by contact us change@waymot.com stating your mobile
number and new vehicle registration.
3. DURATION
3.1 These Terms shall be effective from the moment You
receive a SMS from WAYMOT confirming Your Registration, and shall expire: (a) six months after the date You receive
a SMS from WAYMOT confirming that Your vehicle has passed the MOT test; or (b) six months after the due date of
Your MOT test; or (c) six months after the date the Service is cancelled under clause 8; or (d) thirteen (13)
months after the date of Registration, whichever is the earliest.
4. REGISTRATION CHARGE AND TERMS OF PAYMENT
4.1 The garage will pay for the registration Charge to WAYMOT after You Register.
4.2 The garage will
pay the Registration Charge via Your Cellular Phone in accordance with Your Cellular Phone contract with the Cellular
Network or Service Provider (as applicable).
5. WARRANTIES AND DISCLAIMERS
5.1 You the customer acknowledge
that WAYMOT’s responsibilities are to the garage and messages my not be sent out if the garage stops using our
service.
5.2 WAYMOT will use reasonable efforts to ensure the uninterrupted and timely supply of the Service and will
take reasonable steps (at its own expense) to correct any error, omission or mistake in the Service that WAYMOT
becomes aware of via error@waymot.com
5.3 You accept that the Service is not fit for a particular purpose
and that WAYMOT will not be responsible if You do not arrange Your MOT test by its due date.
5.4 WAYMOT will
not be responsible for any delay or failure in transmission of the Service caused by local geography, topography,
atmospheric conditions, other causes of interference and/or network coverage of Your chosen Cellular Network and/or
any other events that are outside WAYMOT’s reasonable control.
6. LIABILITY
6.1 Nothing in these Terms
shall exclude or limit WAYMOT’s liability to You for death or personal injury arising from WAYMOT’s negligence.
6.2 Subject to clause 6.1, WAYMOT’s liability shall not in any event include losses related to any business
You may engage in, such as lost data, lost profits, lost opportunity, contracts or anticipated savings. 4
6.3
Subject to the clauses 6.1 and 6.2, if WAYMOT is in breach of these Terms then WAYMOT shall not be responsible
for any losses that You may suffer as a result, except those losses which are a foreseeable consequence of WAYMOT’s
breach. WAYMOT’s liability to You under this clause 6.3 shall be limited to £0 (0 pounds).
6.4 You shall be
responsible for any losses, expenses or other costs incurred by WAYMOT for third party claims made against WAYMOT
because: (a) You have misused the Service; or (b) if You use the Service for business purposes, because the Service
is faulty or cannot be used.
7. VARIATION
7.1 WAYMOT may vary these Terms from time to time to comply with new legislation, statutory
instruments, Government regulations, industry codes of practice and guidance, provided that any such variation
is clearly published on www.waymot.com/terms and notified to You by SMS to Your Cellular Phone (for no extra charge).
7.2 You are expected to check www.waymot.com/terms and Your Cellular Phone to take notice of any changes made
by WAYMOT under clause 7.1, as such changes will be effective from the date on which they are posted on www.waymot.com/terms
8. CANCELLATION
8.1 If WAYMOT decides to stop providing the Service then it will: (a) post a notice to this effect on www.waymot.com/service;
(b) stop collecting new Registrations; and (c) continue providing the Service to all customer who have Registered
for the Service before the date WAYMOT posted the notice under (a), until those Registrations expire.
8.2
If the ‘Garage’ stops paying the fee then the data will belong to WAYMOT. The Service may be suspended or terminated
immediately by WAYMOT if you or the garage are in breach of any of the clauses.
8.3 The garage will be on
a 12month rolling contract. For the garage to cancel we will need to 1 month notice before the end of the 12 month
period.
