Terms of Service - SwiftRecover

1. Introduction

These Terms of Service ("Terms") govern your use of the SwiftRecover website and platform (the "Service") operated by SwiftRecover Ltd ("us", "we", or "our").

SwiftRecover Ltd, Company No. 12345678, Registered Office: 123 Recovery Road, Manchester, M1 2XY, United Kingdom

Support: support@swiftrecover.co.uk | Legal: support@swiftrecover.co.uk

Phone: 0800 123 4567

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

These Terms constitute a legal agreement between you and SwiftRecover Ltd. They set out your rights and responsibilities when using our vehicle recovery and transportation services.

2. Definitions

Throughout these Terms, we use specific terms that have the following meanings:

• "Customer" means any individual or entity that requests vehicle recovery or transportation services through our platform.
• "Transporter" means a vehicle recovery business, fleet operator, or individual driver who offers their services through our platform.
• "Order" means a request made by a Customer for vehicle recovery or transportation services.
• "Service" means the SwiftRecover website, mobile applications, and platform through which Customers can connect with Transporters.
• "Job" means the transportation or recovery of a vehicle from one location to another as requested by a Customer and accepted by a Transporter.
• "Content" means text, images, photos, audio, video, and all other forms of data or communication.
• "User" refers to both Customers and Transporters.

3. Account Registration

To use certain features of the Service, you must register for an account with us.

3.1 Account Creation

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

3.2 Account Types

We offer different account types:

• Customer accounts: For individuals or businesses requiring vehicle recovery or transportation services.
• Transporter accounts: For businesses or individuals offering vehicle recovery or transportation services.

3.3 Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Using Our Services

4.1 Customer Services

As a Customer, you can:

• Create and submit Orders for vehicle recovery or transportation.
• Specify pickup and delivery locations, vehicle details, and any special requirements.
• Track the progress of your vehicle's journey.
• Pay for services through our secure payment system.
• Rate and review Transporters after job completion.

4.2 Transporter Services

As a Transporter, you can:

• Create a profile detailing your services, vehicles, and coverage area.
• Accept or decline job requests from Customers.
• Receive secure payments through our platform.
• Communicate with Customers regarding job details.
• Rate and review Customers after job completion.

4.3 Service Availability

We strive to ensure that our Service is available 24/7. However, we cannot guarantee that the Service will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

5. Orders and Payments

5.1 Creating Orders

When a Customer creates an Order, they must provide accurate and complete information about the vehicle, pickup and delivery locations, and any special requirements. The Customer agrees that they have the legal right to request transportation of the vehicle in question.

5.2 Order Acceptance

When a Transporter accepts an Order, a binding agreement is formed between the Customer and the Transporter. The Transporter agrees to perform the Job according to the specifications provided by the Customer.

5.3 Pricing

The price for each Job will be clearly displayed before the Customer confirms their Order. Prices may vary based on distance, vehicle type, urgency, time of day, and other factors. Additional charges may apply for special requirements or if circumstances change during the Job.

5.4 Payments

Customers agree to pay the full amount for their Order through our secure payment system. Payment is typically processed when the Customer places an Order, though some circumstances may allow for payment upon delivery.

SwiftRecover will hold the payment in escrow until the Job is completed successfully, at which point the funds will be released to the Transporter, minus our service fee.

5.5 Cancellations and Refunds

Our cancellation policy is as follows:

• If a Customer cancels within 30 minutes of placing an Order and no Transporter has been assigned, a full refund will be issued.
• If a Customer cancels after a Transporter has been assigned but before the Transporter has departed for the pickup location, a 75% refund will be issued.
• If a Customer cancels after the Transporter has departed for the pickup location, a 50% refund will be issued.
• If a Customer cancels after the Transporter has arrived at the pickup location, no refund will be issued.

If a Transporter cancels a Job after accepting it, we will attempt to find an alternative Transporter. If no alternative can be found, the Customer will receive a full refund.

6. User Responsibilities

6.1 General Responsibilities

All Users agree to:

• Provide accurate information when creating an account and using the Service.
• Comply with all applicable laws and regulations.
• Respect the privacy and rights of other Users.
• Use the Service in a manner that does not interfere with or disrupt its functionality.

6.2 Customer Responsibilities

Customers agree to:

• Provide accurate details about the vehicle to be transported and its condition.
• Ensure they have the legal right to arrange transportation of the vehicle.
• Be available at the agreed pickup and delivery times or make alternative arrangements.
• Disclose any special requirements or conditions that might affect the Job.
• Pay the agreed amount for the services provided.

6.3 Transporter Responsibilities

Transporters agree to:

• Maintain all necessary licenses, permits, and insurance required by law to operate a vehicle recovery business.
• Arrive at pickup and delivery locations at the agreed times.
• Transport vehicles safely and securely.
• Maintain professional standards of service at all times.
• Use appropriate equipment for the vehicle being transported.
• Comply with all road traffic laws and regulations.

7. Insurance and Liability

7.1 Transporter Insurance

All Transporters using our platform must maintain valid and appropriate insurance coverage, including:

• Commercial vehicle insurance
• Goods in transit insurance
• Public liability insurance
• Employer's liability insurance (if applicable)

Transporters must provide proof of insurance to SwiftRecover before they can offer services through our platform.

7.2 Damage During Transport

If a vehicle is damaged during transportation, the Customer should:

• Document the damage with photographs.
• Report the damage to the Transporter at the time of delivery.
• Report the damage to SwiftRecover through our platform within 24 hours.

The Transporter's insurance will typically cover damage caused during transportation, subject to their policy terms and conditions. SwiftRecover will assist in facilitating communication between the Customer and Transporter to resolve any claims.

7.3 Limitation of Liability

SwiftRecover operates as a platform connecting Customers with Transporters. We are not directly responsible for the actions or omissions of Users of our Service. Our liability is limited to the operation of the platform itself.

To the maximum extent permitted by law, SwiftRecover shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, goodwill, or other intangible losses.
• Damages resulting from the conduct of third parties, including other Users.
• Any damage to vehicles that occurs during transportation (this is covered by the Transporter's insurance).

Our total liability for any claims under these Terms shall not exceed the amount paid by the Customer for the specific Job giving rise to the claim.

8. Prohibited Activities

Users agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any laws.
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.
• Submitting false or misleading information.
• Using the Service to send unsolicited communications, promotions, or advertisements.
• Impersonating another person or entity.
• Harassing, threatening, or intimidating other Users.
• Using automated means to access the Service without our permission.
• Bypassing the measures we may use to prevent or restrict access to the Service.

We reserve the right to terminate accounts and refuse service to anyone who violates these prohibited activities.

9. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of SwiftRecover Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SwiftRecover Ltd.

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit without any obligation to you.

10. User Content

Our Service allows Users to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content").

You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

11. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the new Terms on this page and/or via email.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.

13. Consumer Rights

If you are a consumer, you have certain rights under UK law, including the Consumer Rights Act 2015, which provides that services must be:

• Carried out with reasonable care and skill
• Provided at a reasonable price
• Completed within a reasonable time

Nothing in these Terms will affect your statutory rights as a consumer.

For Customers based in the European Union, you also have the right to withdraw from a purchase contract within 14 days without giving any reason (Consumer Rights Directive 2011/83/EU). However, this right of withdrawal expires once the service has been fully performed (i.e., once the vehicle has been delivered).

14. Dispute Resolution

If a dispute arises between a Customer and a Transporter, we encourage the parties to first contact each other to resolve the dispute. If the parties are unable to resolve the dispute directly, they can escalate the matter to SwiftRecover, and we will attempt to mediate a resolution.

For any disputes that cannot be resolved through our mediation process:

• If you are a business User, any dispute, controversy, or claim arising out of or relating to these Terms shall be settled by arbitration in accordance with the rules of the London Court of International Arbitration.
• If you are a consumer User, you may choose to resolve any dispute through arbitration or through the courts of England and Wales.