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Please note that any customer who requests a Pre Purchase inspection from Done Deal is acknowledging that they have read and understood the terms and conditions of this agreement and that you agree to abide by the clauses outlines as part of these Terms of Service (Terms).
Effective Date: 04/06/2021
The “Terms” apply to your use of the Done Deal and Modern Tyres (Modern Tyres) websites and the terms also apply to any information provided by to you by these companies either on these websites, and/or any messages sent to or from these companies to you the customer electronically.
By using this facility, the customer confirms his/her agreement to all of the Terms. Modern Tyresmay vary the terms at any time but will advise of the changes through our web news section (www.moderntyres.sbx.perpetual.team) with a minimum of seven days notice and, if we do amend the conditions, we will provide an updated version of our Terms on this Website with a new effective date of application.
If you do not agree to any of our Terms, you must not use any of the services offered on our Website.
The content on or accessible through www.moderntyres.sbx.perpetual.team or via our branch network is for informational purposes only and does not constitute technical advice related to your vehicle.
Agreement
1. Our Pre Purchase inspection service
(a) Done Deal have enabled a facility to use a Modern Tyresbooking service to allow potential car purchasers to request an agreed and pre-determined pre purchase vehicle inspection with Modern Tyresqualified staff across the full Modern Tyresbranch network. The inspection is clearly a view taken on the day of the inspection and this vital point should be taken into account when making the booking or when purchasing the vehicle. Therefore items that were in situ and working on the day may subsequently not be in the same condition or work when the purchase has been completed.
(ii) Modern Tyreswill facilitate booking requests from customers for pre purchase inspections with our branch network.
(iii) Modern Tyresis not responsible for, any service or repair work identified or not identified as part of this pre-purchase inspection. If the work is subsequently undertaken and paid for in any Modern Tyreslocation, then all of the work and parts used to carry out these tasks are subsequently guaranteed for 12 months.
(iv) Modern Tyreswill not be a party to any disputes between the customer and the vehicle seller or their agent regarding the findings in the pre purchase inspection.
(v) Modern Tyresis not liable in any way for any service delivered or service failure by any Modern Tyresstaff member as part of this inspection for any reason.
(b) To register to make a booking to have a vehicle inspected, you must
(i) Be at least 18 years of age and legally capable to agree to these Terms of Service.
(ii) Accurately complete a booking request form on our Website which includes your personal contact and other information and your vehicle details such as (but not limited to):
(A) Make;
(B) Vehicle Model;
(C) Vehicle registration number;
(D) The selected Modern TyresBranch;
(E) Selecting the required Pre Purchase inspection (Gold or Platinum);
(F) Selecting a preferred day and time for service at the selected branch.
(c) When you make a booking request with Modern Tyres, Modern Tyreswill contact you and confirm the booking in that branch. The Branch will require payment of the agreed Pre purchase inspection charge at the time of the booking confirmation.
(d) If for any reason your booking request cannot be fulfilled, the Modern Tyresbranch will notify you by phone or email and arrange an alternative time or issue a refund for the pre purchase charge.
(e) Modern Tyresgives no guarantee that a booking will be honoured by the Branch until the call to the customer has been made and in such an event, the branch manager will make contact with you on the phone number you have provided.
(f) A booking through our service is intended to create a legal agreement between you and the Modern TyresBranch to provide and to pay for the selected Pre purchase inspection as selected in the online booking.
(g) Apart from facilitating the booking, Modern Tyreswill on request provide the customer with a quote regarding any vehicle service or repairs that has been identified, all of this subsequent work will be guaranteed by Modern Tyres.
(h) The Modern Tyresbranch you select has agreed with to provide a Pre Purchase inspection service for you and you will be responsible for payment to that Branch in advance of the inspection.
(i) Modern Tyresis not liable as to the nature or suitability of the inspection provided by a branch to you.
(j) In no event will Modern Tyresbe liable to you for any direct, indirect, incidental or consequential damages or losses whatsoever arising from:
(i) an inspection carried out by a Modern Tyresemployee;
(ii) the failure of a Modern Tyresemployee to comply with any law, including the Irish Consumer Laws, product safety laws and workplace health and safety laws
and such damages or losses you may suffer include, without limitation, damages for loss of profits and business interruption.
2. Warranties and indemnification obligations
(a) To the maximum extent permitted by law, the service provided by Modern Tyresthrough this web booking facility is based on “POINT in TIME ” basis and without any warranty for subsequent change to the vehicle or as to accuracy or suitability for any purpose.
(b) In using our service, you acknowledge and agree that you have not relied upon or been induced by any representation by Modern Tyresand that, without limiting the foregoing, Modern Tyresgives no warranty or representation as to:
(i) the results that may be obtained through the use of the pre purchase inspection;
(ii) the accuracy, reliability or otherwise of any information obtained from or displayed on the report of the pre purchase inspection;
(iii) the Modern Tyresbooking facility being available at any time or at all;
(iv) the Modern Tyresbooking facility being error free;
(v) the nature or quality of any services provided by any Mechanic to you, as a result of a booking through the Modern TyresPre Purchase inspection; and
(c) To the maximum extent permitted by law, you agree to indemnify, keep indemnified and hold harmless Modern Tyresand its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon:
(i) the use of the pre purchase inspection facility on the Modern Tyreswebsite;
(ii) any dispute between you and the vehicle seller;
(iii) any loss or damage suffered by or through you arising from or related to the provision of any service by the inspection; and
(iv) any loss or damage suffered by or through you arising from or related to the use of the Website.
3. User Supplied Content
Subject to Modern Tyresagreed privacy statement that is available on www.moderntyres.sbx.perpetual.team :
(a) Any information submitted by a customer through our pre purchase inspection facility on our Website (User Material) will be considered as having been voluntarily submitted by you for use by Modern Tyresand is therefore not deemed confidential. By providing Modern Tyreswith User Material via the Website, you:
(i) grant Modern Tyresa non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display, such User Material throughout the world in any media and irrevocably grant Modern Tyresthe right to publish the name you use to submit the User Material;
(ii) You represent and warrant that you own or otherwise have the exclusive right to grant us the licence in:
(iii) and that the User Material is accurate, does not violate these terms and conditions or our policies and that it will not cause injury to any person or entity; and
(iv) agree to indemnify and hold Modern Tyresand its directors, officers, agents and employees (for whom Modern Tyresaccepts the benefit of this clause as trustee and agent) from and against losses, damages, costs and claims (collectively, Claims) resulting from publication on our Website of User Material you post, including but not limited to any Claims by you or against you. Without limiting the foregoing, you irrevocably agree and undertake in favour of Modern Tyresnever to bring any claim against the company related to any User Material or your name that you post on the Website.
(b) You represent and warrant in favour of Modern Tyresthat you are authorised to submit any User Material you submit to Modern Tyresand that Modern Tyresis free to use any such User Material without any restriction or prior notice to you, whether for Modern Tyrescommercial or non-commercial purposes and without any compensation to any person or entity.
4. Changes to the Pre purchase inspection service
(a) Modern Tyresreserves the right to revise, change, modify or delete the content of any part of the pre purchase inspection service as offered through our website, at any time in its sole discretion and without prior written notice. Notice will be provided on the web news section of our website www.moderntyres.sbx.perpetual.team of any changes and the effective date of same.
This may include the pricing of the services being offered or the range of service being made available to consumers.
5. Update to terms
Modern Tyresreserves the right to revise, change or modify these Terms at any time by posting new Terms on the Modern Tyreswebsite www.moderntyres.sbx.perpetual.team . You are bound by any such revisions and should therefore visit the Terms each time you visit the Website to review the current Terms by which you must abide.
6. Intellectual Property
(a) You acknowledge that all intellectual property contained on or within the Pre purchase pages on the Modern Tyreswebsite is and remains at all times the property of Modern Tyres. You agree not to use the information or other material on the Website for any purpose or in any manner that would, in any way, infringe on Modern Tyres’s intellectual property rights or those of the owners of the rights. Except for the temporary copy held in your computer’s cache, the material referred to above may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without prior written approval from Modern Tyresor the approval of the relevant copyright owner.
(b) Nothing displayed on the Website grants any licence or right of use of any Modern Tyreslogo without the express written permission of the relevant owner.
7. Dispute Resolution
(a) All questions or disputes relating to the Pre Purchase inspection service including these terms should be submitted to Modern Tyresdirectly.
(b) Modern Tyreswill endeavour to resolve any disputes expeditiously.
8. Payment & Refunds
Please note that payment for the service will be taken by the nominated Modern Tyresbranch when the booking is being confirmed.
If a job is subsequently cancelled with at least 24hrs notice a full refund will be generated as soon as possible by the Modern Tyresbranch.
However, if an inspection is cancelled with less than 24hrs notice or the vehicle is not presented on the day and time provided a cancellation charge of €50 will apply.
9. Privacy
(a) Our Privacy Policy (posted on the Modern Tyreswebsite – www.moderntyres.sbx.perpetual.team ) governs how we use information we collect about you. If you do not agree to our Privacy Policy, you may not use our service.
(b)You warrant that you have obtained the consent of any third person whose personal information you post to or via the Website.
10. Applicable Laws
These Terms of Service shall be governed by and construed in accordance with the laws of Ireland and the parties hereby submit to the exclusive jurisdiction of Ireland’s courts and any courts which have jurisdiction to hear appeals from any of those courts.
Modern Tyres – You drive, we care