Terms and Conditions for Use of the Partner Point Website
Effective 20 January 2020
“Partner Point” means Xuberance Limited trading as Partner Point, a private limited liability company incorporated and registered in England and Wales with company number 10443611 whose registered office is at Aldgate Tower, First Floor, 2 Leman Street, London E1 8FA and who is an appointed representative of ITC Compliance Limited which is authorised and regulated by the Financial Conduct Authority under firm reference number 3134876.
"Third Party Provider" means a third party provider of vehicles or vehicle finance solutions.
"Website" shall mean https://www.uber-vs.com/gb/en/
These Terms govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of the Website. Partner Point controls the website from the United Kingdom and makes no representation that the information provided on or via the Website is appropriate or available for use in other locations. If you use the Website from other locations, you are responsible for compliance with applicable local laws.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE.
Your access and use of the Website constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Partner Point. If you do not agree to these Terms, you may not access or use the Website. These Terms expressly supersede prior agreements or arrangements with you regarding your use of the Website. Partner Point may terminate these Terms or generally cease offering or deny access to the Website or any portion thereof, at any time for any reason. Partner Point will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, Partner Point reserves the right to terminate these Terms or generally cease offering or deny access to the Website or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in Partner Point’s opinion, any delay in such termination would expose Partner Point or a third party to significant risk of harm or damage.
The information provided on the Website is for general information purposes only and has been provided to inform you about Partner Point and the products and services offered by Third Party Providers which may be of interest to you. Partner Point uses reasonable efforts to provide accurate and up-to-date information, however, Partner Point does not represent, warrant or promise that any information provided on the Website remains complete, accurate and up-to-date or that it is fit or suitable for any purpose. The information and content provided on the Website does not constitute advice. Any reliance you place on the information and content on the Website is at your own risk.
Nothing in these Terms shall operate to prejudice any mandatory legal or regulatory requirement or your statutory rights.
Supplemental terms may apply to other services provided by Partner Point or a Third Party Provider such as the terms and conditions applicable to any finance product or service provided by a Third Party Provider , and terms and conditions applicable to a Third Party Provider’s promotion. Such supplemental terms will be disclosed to you in connection with the applicable services and are in addition to the Terms for the purposes of the applicable services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services.
Partner Point may amend the Terms from time to time. Amendments will be effective upon Partner Point’s posting of such updated Terms at this location. Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended. Please regularly read the Terms for possible changes.
Subject to your compliance with these Terms, Partner Point grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Website on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Website, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Partner Point and Partner Point’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by Partner Point; (iii) decompile, reverse engineer or disassemble the Website except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; or (vi) attempt to gain unauthorized access to or impair any aspect of the Website or its related systems or networks.
Third Party Provider Services and Content.
Partner Point provides hypertext links to third party websites. These links are not an endorsement by Partner Point of any products or services provided on or via such third party websites. The use of any link is entirely at your own risk. Partner Point accepts no liability or responsibility for the content, use or availability of such third party websites. Partner Point has not verified the accuracy, reliability, completeness or suitability of any content on the third party websites.
The Website and all rights therein are and shall remain Partner Point’s property or the property of Partner Point’s licensors. Neither these Terms nor your use of the Website convey or grant to you any rights: (i) in or related to the Website except for the limited license granted above; or (ii) to use or reference in any manner Partner Point’s company names, logos, product and service names, trademarks or services marks or those of Partner Point’s licensors.
Partner Point may, in Partner Point’s sole discretion, create promotional codes that may be redeemed for features or benefits related to a Third Party Provider’s services, subject to any additional terms that Partner Point or a Third Party Provider establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Partner Point; (iii) may be disabled by Partner Point at any time for any reason without liability to Partner Point; (iv) may only be used pursuant to the specific terms that Partner Point establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Partner Point reserves the right to withhold or deduct other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Partner Point determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Partner Point may, in Partner Point’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Partner Point through the Website textual, audio, and/or visual content and information, including commentary and feedback (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Partner Point, you grant Partner Point a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Website and Partner Point’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Partner Point the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Partner Point’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Partner Point in its sole discretion, whether or not such material may be protected by law. Partner Point may, but shall not be obligated to, review, monitor, or remove User Content, at Partner Point’s sole discretion and at any time and for any reason, without notice to you.
Use of Email
Information that you provide to Partner Point by email may not be secure. Partner Point recommends that you do not send any confidential information to Partner Point by email. If you choose to do so, you accept the risk that such information may be intercepted, misused and modified by a third party.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Website. Your mobile network’s data and messaging rates and fees may apply if you access or use the Website from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and any updates thereto. Partner Point does not guarantee that the Website, or any portion thereof, will function on any particular hardware or devices. In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Disclaimers; Limitation of Liability; Indemnity.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PARTNER POINT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PARTNER POINT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE WEBSITE OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE WEBSITE , OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. PARTNER POINT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
PARTNER POINT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE OR THIRD PARTY PROVIDER SERVICES , EVEN IF PARTNER POINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTNER POINT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE WEBSITE OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF PARTNER POINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTNER POINT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PARTNER POINT’S REASONABLE CONTROL. IN NO EVENT SHALL PARTNER POINT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500).
THE WEBSITE MAY BE USED BY YOU TO REQUEST VENDOR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PARTNER POINT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY VENDOR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Partner Point and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Website or services or goods obtained through your use of the Website; (ii) your breach or violation of any of these Terms; (iii) Partner Point’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Dispute Resolution Process.
In the event of any dispute arising out of or in connection with these Terms, the parties agree in the first instance to discuss and consider referring the dispute to mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR") Model Mediation Procedure (or such other procedure as may be agreed). If the other party do not agree to mediation, Uber may, in its sole discretion, refer the dispute to mediation at its own cost. Neither party may commence any court proceedings in relation to any dispute arising out of these Terms until (1) the parties have agreed in writing not to mediate or (2) at least 28 days has passed since written notice of the dispute is given by either party, provided that the right to issue proceedings is not prejudiced by a delay.
Governing Law and Jurisdiction.
These Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Except as set forth above, each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Partner Point’s designated agent. Please visit the following web page at https://www.uber.com/gb/en/legal/ for the designated address and additional information.
Partner Point may give notice by means of a general notice on the Website electronic mail to your email address, or by written communication sent to your postal address. You may give notice to Partner Point by written communication to Partner Point’s address at Aldgate Tower First Floor, 2 Leman Street, London, England, England, E1 8FA.
You may not assign or transfer these Terms in whole or in part without Partner Point’s prior written approval. You give your approval to Partner Point for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Partner Point’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Partner Point or any Third Party Provider as a result of the contract between you and Partner Point or use of the Website.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”