Thank you for choosing SMARTREPAIR.IO. We help customers find Apple device repair technicians local to them. For the avoidance of doubt, the term 'Apple devices' in this User Agreement may include any electronic device that a repair Centre is willing and competent to repair .
We welcome you to our site and invite you to read these terms, which we hope will assist you in learning more about how to make the most of our services.
The Member Terms and Conditions are applicable to all users who register themselves with our site, either as customers or repair centres.
You can also jump straight to the relevant rules & guidance for Customers and Repair Centres respectively.
Users who require help or assistance with this site, or have any questions whatever regarding SMARTREPAIR.IO, may call our 24/7 Telephone Helpline on 02039509956.
(1). us ('we', 'our'), Smart Repair Software Limited of registered office 32 Brasenose Drive, Kidlington, Oxford OX5 2EQ United Kingdom trading as SMARTREPAIR.IO;
(2). and YOU, the user.
This User Agreement applies whenever you use SMARTREPAIR.IO sites and services.
Please note that this site and our services are only for persons aged 18 and above who can enter into contracts.
The following definitions apply throughout this User Agreement:
Our role is to provide a facility where potential buyers of Apple device repair services (Customers) and businesses which provide repair services (Repair Centres) can find each other.
3.1.1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.1.2. From time to time, we may restrict access to some parts of our site, or our entire site, to Registered Users.
3.1.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this User Agreement.
3.1.4. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of this User Agreement, and that they comply with them.
You may use our site only for lawful purposes. You may not use our site:
3.2.1. In any way that breaches any applicable local, national or international law or regulation.
3.2.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
3.2.3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
3.2.4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
3.2.5. To knowingly transmit any data, send or upload any material that contains viruses, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3.2.6. To reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of this User Agreement.
3.2.7. To access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
3.3.1. The standards set out below apply to any and all material which you contribute to our site (Contributions), and to any Smart Repair Software Limited services associated with it.
3.3.2. The standards apply to each part of any Contribution as well as to its whole.
3.3.3. Contributions must:
22.214.171.124. Be accurate (where they state facts).
126.96.36.199. Be genuinely held (where they state opinions).
188.8.131.52. Comply with applicable law in the UK and in any country from which they are posted.
3.3.4. Contributions must not:
184.108.40.206. Contain any material which is defamatory of any person.
220.127.116.11. Contain any material which is obscene, offensive, hateful or inflammatory, or promotes sexually explicit material or violence.
18.104.22.168. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
22.214.171.124. Infringe any copyright, database right or trade mark of any other person.
126.96.36.199. Be likely to deceive any person.
188.8.131.52. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
184.108.40.206. Promote any illegal activity.
220.127.116.11. Be likely to harass, upset, embarrass, alarm or annoy any other person.
18.104.22.168. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
4.1.We retain the right to determine whether there has been a breach of this User Agreement through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
4.2. A material breach may result in our taking all or any of the following actions:
4.2.1. Immediate, temporary or permanent withdrawal of your right to use our site.
4.2.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
4.2.3. Issue of a warning to you.
4.2.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
4.2.5. Further legal action against you.
4.2.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3. We exclude liability for actions taken in response to breaches of this User Agreement. The responses described in this User Agreement are not limited, and we may take any other action.
5.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
5.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
5.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
8.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
8.2. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
8.3. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
8.4. Location or mapping information is provided for guidance only. It is based on postcodes, so cannot be an exact indicator of the location of a property. No liability is accepted for the accuracy of postcode or location information.
8.5. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
10.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other Users, you must comply with our Content Standards. You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of that warranty.
10.2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
10.3. You will not upload material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
10.4. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
10.5. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards.
11.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2. You must not establish a link from any website that is not owned by you.
11.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards.
11.4. If you wish to make any use of material on our site other than that set out above, please Contact Us.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. This User Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
No User shall acquire or use the word "SMARTREPAIR.IO" or any variant that includes the word "SMARTREPAIR.IO" as a trademark or any related intellectual property.
We may revise this User Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you when made. Some of the provisions contained in this User Agreement may also be superseded by provisions or notices published elsewhere on our site.
If you have any concerns about material that appears on our site, please Contact Us.
Your privacy is important to us. This policy tells you about how we at SMARTREPAIR.IO use and protect your personal information.
When you use the SMARTREPAIR.IO services, you agree that:
You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United Kingdom and elsewhere in the world SMARTREPAIR.IO has facilities.
We may collect and store the following personal information:
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:
We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information on other users and information we collect from other companies and use it to improve and personalise our services, content and advertising. If you don't wish to receive marketing communications from us, simply indicate your preference via the â€œPreferencesâ€ page in your control panel (or similar account status page) or by following the directions provided with the communication or advertisement.
We may disclose personal information to provide our service, respond to legal requirements, enforce our policies, respond to claims that a listing or other content infringes the rights of others, or protect anyone's rights, property, or safety.
We may also share your personal information with:
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from those who attempt to carry out fraudulent or illegal activities on the site, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a legally valid request, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Your user ID is shared with all users of our site and is connected to all of your SMARTREPAIR.IO activity. So, if you associate your name with your user ID, the people to whom you have revealed your name will be able to personally identify your SMARTREPAIR.IO activities. If you are a business seller, your contact details (such as name and geographical address) will become known to users of our site.
If you access our sites from a shared computer or a computer in an internet cafÃ©, certain information about you, such as your user ID or reminders from SMARTREPAIR.IO, may also be visible to other individuals who use the computer after you.
SMARTREPAIR.IO enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact information. In all cases, you must comply with data protection laws, and give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use user information only for:
We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyse our web page flow; customise our services, content and advertising; measure promotional effectiveness, and promote trust and safety.
A few important things you should know about cookies are that:
Please help us by desisting from using spam and reporting SMARTREPAIR.IO-related spam or spoof emails to SMARTREPAIR.IO. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. We do not rent or sell these email addresses.
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your SMARTREPAIR.IO password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify SMARTREPAIR.IO and change your password.
You can see, review and change most of your personal information by signing on to SMARTREPAIR.IO. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Upon your request to Customer Service, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our SMARTREPAIR.IO User Agreement, and take other actions otherwise permitted by law.
Your information is stored on our servers located in the United Kingdom. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorised access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise that your personal information or private communications will always remain private.
Member Terms and Conditions
These Member Terms and Conditions are applicable to all users who register themselves with our site, whether as Customers or repair Centres.
Please read these Member Terms and Conditions carefully before you become a Registered User on our site. By registering on our site in accordance with clause 4.1 below, you indicate that you accept these Member Terms and Conditions and that you agree to abide by them. If you do not agree, then please refrain from becoming a Registered User.
You can also jump straight to the relevant rules & guidance for Customers and Repair Centres respectively.
Users who require help or assistance with this site, or have any questions whatever regarding SMARTREPAIR.IO, may call our 24/7 Telephone Helpline on 02039509956.
The terms used in this agreement have the meanings set out below unless the context requires otherwise:
â€˜SMARTREPAIR.IOâ€™ is a trading name of SMART REPAIR SOFTWARE Ltd.
'Card supplier' means the institution which owns the debit or credit card you are using on the Online Payment Facility;
'Customer' means a potential buyer of repair or similar services in relation to Apple devices;
'Instalment terms' means the set period and dates over which payment will be charged to the debit or credit card you are using on the Online Payment Facility;
'Online payment facility' means the internet based payment system operated on behalf of SMARTREPAIR.IO;
'Subscription Fee' means the fee payable to us under the provisions of clause 7.1.1. below;
'Recurring payment' means payment collections initiated by the SMARTREPAIR.IO to collect amounts due under the Instalment Terms;
'Registered User' means a user registered with this website pursuant to clause 4 below, whether as a Customer or as a repair Centre;
'repair' means variously repair , advice, guidance and fault diagnosis in relation to an Apple device;
'Repair Centre' means a business or individual which repairs Apple devices and provides allied services;
'User' means any user of this website.
2.1. Registered Users must:
2.1.1. Be at least 18 years old; and
2.1.2. Always provide valid and complete contact information and must always have a valid email address
2.2. Registered Users may not misrepresent their identities
2.3. We reserve the right to reject your registration at any time and for any reason and without notice to you.
2.4. If you are registering on behalf of a business or any corporate body, by registering with us you are confirming that you have the proper authority to bind the business/corporate body on whose behalf you are registering.
3.1. SMARTREPAIR.IO does not provide any repair services or lead generation whatsoever. Nor do we guarantee or assure a volume of business for repair Centres or the performance of repair or service contracts by either repair Centres or Customers. Our role is simply to provide a facility where Customers and repair Centres can find each other.
3.2. It is the role of Customers and repair Centres, respectively, to select each other on the basis of the services required and the contractual terms and rates offered by each of the parties. We do not carry out vetting of any Registered Users and therefore do not provide any assurances as to the ability of a party to perform its obligations under a repair or service contract.
3.3. Please note that, with regard to any transaction made between Users, the resulting legal contract is between those parties, and is subject to the terms and conditions of that repair Centre or other terms as agreed between the parties. Parties should review any terms and conditions applying to the transaction.
4.1. A Customer enters into a contract with us and becomes a 'Registered User' by submitting a request for a quotation as per the process set out in clause 4.2. A repair Centre enters into a contract and becomes a 'Registered User' by registering for a service supplier account.
4.2. The site operates as follows:
4.2.1. The Customer enters the postcode of their location for the purpose of finding a proximate repair Centre, together with the make and model of the Apple device requiring repair . The Customer then selects one or more repair Centres for the purpose of obtaining a quote and clicks on the button 'Request a repair Quote' for each repair Centre. This opens a pro forma that allows the Customer to enter his or her contact details and describe the fault or damage to the Apple device, and what might have caused this (the 'Quotation Request');
4.2.2. Once the Customer clicks 'Submit', a 'thank you' e-mail is sent direct to the Customer by SMARTREPAIR.IO, AND the 'Quotation Request' is relayed to the Repair Centre's via an e-mail. This provides an opportunity for the repair Centre to offer its services on their own terms ('the Quote') in response to the Quotation Request.
4.2.3. As this site is merely a facility for Customers to obtain quotes from repair Centres, the Quotes do not become legally binding contracts, even once accepted by a Customer.
4.3. Quotation Requests and Quotes (together Submissions) may be moderated. It will be at our discretion to determine whether or not a Submission falls within our Content Standards.
4.4. We cannot guarantee how quickly Submissions will be sent to the recipient.
4.5. We are under no obligation to you or any other person to oversee, monitor or moderate the site or any other service we provide on the site. We reserve the right to remove, or to disable access to, any submission which breaches the Content Standards.
4.6. Submissions may not relate to the repair of any devices whose use is prohibited by law.
4.7. Full responsibility for compliance with any laws and regulations in relation to the repair of the device lies with the Customer and the repair Centre.
Each Quotation Request must contain:-
Customers expressly agree and acknowledge that where a Quotation Request is deficient in that it does not contain some or all of this information, then this affect the quality of the response from the repair Centre(s) nominated by the Customer.
Registered Users are not permitted to include contact information for the purpose of soliciting sales outside the site, however once a Quote has been accepted by a Customer, then repair Centres are required by the Electronic Commerce (EC Directive) Regulations 2002 to display their contact details, including the geographic address at which their business is established.
7.1. Fees and terms of payment.
7.1.1. There is an monthly subscription fee charged to each repair Centre unless otherwise agreed, this shall be paid via your PayPal account or some other online payment facility acceptable to us in one instalment
7.1.2. Any and all monies are due for payment by the repair Centre on completion of registration or on the dates, or intervals specified as may be appropriate, unless alternative arrangements are agreed between SMARTREPAIR.IO and the repair Centre.
7.1.3. In the event there are insufficient funds or you are otherwise unable to pay, we reserve the right to suspend your account until such time as you have paid the sums due and owing to us.
7.1.4. All payments are subject to the following conditions:
7.1.5. By accepting these terms and conditions, you authorise SMARTREPAIR.IO to charge to the debit or credit card account (if you have provided those details) or otherwise the nominated online payment facility.
7.1.6. The standard payment term is a monthly term, however quarterly or annual instalment terms may be offered at the absolute discretion of SMARTREPAIR.IO.
7.1.7. You agree that there will either be sufficient availability under the credit card limit or sufficient funds in the debit card account, or the online payment facility (as the case may be) to make the recurring card payments when they fall due.
7.1.8. If a recurring payment collection fails SMARTREPAIR.IO will make a second attempt at collection five working days after the first attempt.
7.1.9. For the avoidance of doubt (and regardless of whether any instalment terms have been agreed), if a second collection attempt fails the full outstanding amount will fall due for immediate payment by other means. We also reserve the right to charge an administration fee to cover our reasonable costs for second and further collection attempts and which will also be applied to your account. If applied, this fee will also be due for immediate payment.
7.1.10. SMARTREPAIR.IO may from time-to-time offer a limited number of free Quotes to new repair Centres, but is under no continuing obligation to honour these.
7.1.11. We reserve the right to review our fee structure from time-to-time. We will notify you prior to the implementation of any changes. You may close your account without penalty within thirty (30) days of such notice being given. Otherwise, changes to our fees are effective thirty (30) days after such notice being given. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications.
7.2. Guidelines for repair Centres
While using SMARTREPAIR.IO sites, services, applications and tools, we kindly ask that repair Centres adhere to the following conditions of use, so that our service can help everyone:
7.3. repair Centre content and policies.
We offer repair Centres / Technicians the facility to add and edit from time-to-time via their online Control Panel a detailed service profile page, including in-depth service information, credentials, etcâ€¦ which then appear on the Website and in the search results of Customers. When providing us with content or posting content on SMARTREPAIR.IO's sites, services, applications or tools, you grant us the right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
For the convenience of repair Centres, we may offer stock images, descriptions and service specifications, which are provided by third-parties. You may use this content solely in connection with your SMARTREPAIR.IO listings during the time your services are listed on SMARTREPAIR.IO's sites, though we cannot promise that the content will always be accurate and up-to-date, and you agree that you will not hold our content providers or us responsible for inaccuracies in the content.
All repair Centres are urged to ensure that Customers are familiar with the terms and conditions of their repair Centre. These conditions may include, for example, warranties, returns, and payment policies. repair Centres must create reasonable policies in good faith and must abide by such policies. All repair Centres must comply with SMARTREPAIR.IO site-wide policies, while repair Centres are responsible for enforcing their own reasonable policies. SMARTREPAIR.IO reserves the right to request that a repair Centre modify a policy.
7.4. Service standards.
By participating on SMARTREPAIR.IO's site(s), you agree to provide a first class service to each and every Customer who books a repair with you through SMARTREPAIR.IO, and you agree to assume full responsibility for the provision of the repair service.
Customers are asked for detailed feedback on repair Centres and we take that feedback seriously. SMARTREPAIR.IO reserves the right to post such feedback anywhere on the Website (including, without limitation, in your profile) in whatever form and using whatever content (in its absolute discretion) is considered necessary AND to suspend or cancel your account at any time for any reason.
7.4.1. repair Centres must:
22.214.171.124. reply to each Quotation Request within 24 hours;
126.96.36.199. honour a transaction contract formed with a Customer;
188.8.131.52. provide the services for which payment was accepted; and
184.108.40.206. include all taxes, including VAT, and fees payable by the Customer for the repair services in any Quote.
7.4.2. Repair Centres must not:
220.127.116.11. bid against their own Quote, or have associates, or employees do so;
18.104.22.168. significantly misrepresent their services by not meeting the terms and services description outlined in the Quote.
7.5. Term and Termination
7.5.1. The Agreement shall come into force on payment of the subscription fee specified in clause 7.1.1 above (or the first instalment thereof) and shall continue for term of twelve (12) months from that date ('the Initial Term'), and shall be renewed on each anniversary of the Initial Term unless either party shall serve written notice on the other to expire on the next anniversary date.
7.5.2. Notwithstanding clause 7.5.1 above, either Party may immediately terminate the Agreement by giving written notice to the other Party should one of the following defined events or circumstances arise:-
22.214.171.124. any sum owing to that Party by the other Party under any of the provisions of the Agreement is not paid within fourteen (5) Business Days of the due date for payment;
126.96.36.199. the other Party commits any other breach of any of the provisions of the Agreement and, if the breach is capable of remedy, fails to remedy it within ten (10) Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
188.8.131.52. an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
184.108.40.206. the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
220.127.116.11. the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting there from effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement);
18.104.22.168. anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
22.214.171.124. the other Party ceases, or threatens to cease, to carry on business; or
126.96.36.199. control of the other Party is acquired by any person or connected persons not having control of that other Party on the date of the Agreement. For the purposes of this clause, â€œcontrolâ€ and â€œconnected personsâ€ shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
7.5.3. For the purposes of sub-clause 188.8.131.52. above, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
7.5.4. The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
7.6. Effects of Termination
Upon the termination of the Agreement for any reason:
7.6.1. any sum owing by either Party to the other under any of the provisions of the Agreement shall become immediately due and payable;
7.6.2. all clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
7.6.3. termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement which existed at or before the date of termination;
7.6.4. subject as provided in this clause 7.6 and elsewhere in the Agreement and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and
7.6.5. each Party shall (except to the extent required to enforce the continuing rights and obligations referred to in sub-clause 7.6.4 above) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.
Using SMARTREPAIR.IO is easy. When you need to have your mobile device repaired, all you need to do is search on our site for repair Centres local to you, request a quote and then select the repair Centre that you would like to use
We do ask all Customers to adhere to the following guidelines:
Customers must not:
8.1. Submit their own Quotes to decrease Quotes made by repair Centres. Users submitting quotes for the provision of services must be wholly independent from the Customer of those services.
8.2. Neither Customers nor repair Centres may interfere with a transaction or offer to buy or supply repair in response to a Quotation Request outside of the site.
9.1. repair contracts are formed between Customers and repair Centres so the negotiation and agreement of any cancellation and its consequences are matters for them.
9.2. It's important to note that due to the nature of our services, which is the provision of a booking facility only, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the booking services has commenced. We also cannot refund your booking fee under any circumstances.
SMARTREPAIR.IO work hard to keep our site working properly and safely. Please report problems, offensive content and policy breaches to us and we will take action. We may also restrict your services from time-to-time if we believe this to be in the best interests of the community.
We try to keep SMARTREPAIR.IO and its sites, services, applications and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications or tools. You further acknowledge that operation of and access to our sites, services, applications or tools may be interfered with as a result of technical issues or numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
You are solely responsible for any damages to your hardware device(s) or loss of data that results from the use of any SMARTREPAIR.IO application. Notification functionality in SMARTREPAIR.IO applications may not occur in real time. Such functionality is subject to delays beyond SMARTREPAIR.IO's control, including without limitation, delays or latency due to your physical location or your wireless data service provider's network.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising.
You acknowledge that we are booking service only. At no point do we provide repair services ourselves. We do not review repair Centre listings or content and are not involved in the actual transaction or service between the repair Centre and the Customer. We have no control over and do not guarantee the existence, quality, safety or legality of the services advertised, the truth or accuracy of content posted by repair Centres or users on our sites, the ability of repair Centres to repair Apple devices, the ability of Customers to pay for repairs, or that a repair Centre or Customer will actually complete a transaction or that a repair Centre will return an Apple device to a Customer, as the case may be, AND repair Centres and Customers expressly acknowledge and agree that SMARTREPAIR.IO is not responsible in any way for any losses or damages resultant from any material breach or failure of any repair or service contract on the part of repair Centres or Customers.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) any amounts due up to the open market value of the Apple device under repair and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) Â£100.00.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, legal notices shall be served by registered mail to
Smart Repair Software Limited, 32 Brasenose Drive, Kidlington, Oxford OX5 2EQ United Kingdom trading as SMARTREPAIR.IO. We shall send notices to you by e-mail to the e-mail address you provide to SMARTREPAIR.IO during the registration process (in your case). Notice to you shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three (3) days after the date of mailing.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
If a dispute arises between you and SMARTREPAIR.IO, we strongly encourage you to first Contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and SMARTREPAIR.IO both agree to submit to the exclusive jurisdiction of the English Courts.
You agree to abide by all policies posted on our site. The following policies are part of this User Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully:
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the SMARTREPAIR.IO site. When using particular SMARTREPAIR.IO services, applications or tools on our sites, you are subject to any posted policies or rules applicable to the services, applications or tools you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck-out and shall not affect the validity and enforceability of the remaining provisions.
In our sole discretion, we may transfer our rights and obligations (also known as "assign") under this User Agreement in accordance with the Notices section (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by e-mail by posting the amended terms on this site. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective thirty (30) days after they are initially posted.
This User Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, "in writing" does not include an e-mail message and "hand signed" does not include an electronic signature. In SMARTREPAIR.IO's sole discretion, an amendment to this User Agreement may be signed by electronic signature.
Except as set out above, this User Agreement may not be altered by us or by you unless we both agree in writing hand signed by you and us. For the purposes of this provision, "in writing" does not include an e-mail message and "hand signed" does not include an electronic signature.
The User Agreement (including incorporated polices and rules) is the entire agreement between the parties and supersedes all prior understandings and representations of the parties.
If you have any questions about this User Agreement, please Contact us.