GENERAL CONDITIONS OF USE
General conditions of use of the online marketplace MOTRIO
The site MOTRIO Accessible via the URl https://www.motrio.co.uk (hereinafter "Site”) was created by RENAULT SAS joint stock company whose registered office is located at 122-122 bis avenue du Général Leclerc - 92100 Boulogne-Billancourt, France, registered in the Nanterre Trade Register under number 780 129 987, and RENAULT UK LIMITED a company registered in England and Wales (copany no 00082932), whose registered offices are located at The Rivers Office Park, Denham Way Maple Cross, Rickmansworth, Hertfordshire, WD3 9YS (hereinafter "RENAULT").
The purpose of the Website is to connect entities engaged in vehicle repair and part of the MOTRIO network (the "Motrio Repairers ") and persons wishing to consult services and make an appointment online with one of these Repairers in order to ensure the maintenance of their vehicle (the "Users").
The use of the Siteis subject to compliance with the general terms and conditions of use, detailed below and accessible in the tab at the bottom of the home page of the Site and all applicable laws.
When the User accesses and uses the Site, you unreservedly accept the general terms and conditions of use, which take precedence over any other agreement you may have with RENAULT or the members of the MOTRIO network.
1. Definitions
"T&Cs" refers to these general terms and conditions of use, the purpose of which is to define the terms and conditions of online booking of Services.
"Content" means, but is not limited to, the structure of the Site, editorial content, drawings, illustrations, images, photographs, graphic charters, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Site.
"Elements" means the various functionalities and elements of information offered on the Site.
"Motrio Services" means any maintenance and repair operation of the Vehicle carried out by a Repairer and including parts and labour.
"Motrio Repairer" means the repair garage that is a member of the MOTRIO network operating as an independent trader for the Services. The Motrio Repairer, an independent trader, remains responsible for the information of any kind that it may include on the Site, in particular in response to a request or question from the User.
"Site" means the site accessible via the URL "www.motrio.co.uk", published by RENAULT, giving access to the Elements and allowing Users to contact Motrio Repairers. The Site includes the Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements that make it up, updates and new versions that may be made to the Site by RENAULT.
"User" means any natural person of legal age (or emancipated minor with full legal capacity) who may enter into obligations in accordance with English law, browsing the Site for their own needs, for strictly personal use.
"Vehicle" means any motor vehicle of any make.
2. Access and Purpose of the Site
The Site is accessible from the Internet at the following address: https://www.motrio.co.uk
The purpose of the Site is to enable the connection between:
- a User seeking to have a Motrio Service provided for their Vehicle, and,
- a Motrio Repairer who can provide the requested Motrio Service.
To this end, the Site allows the User to:
- Find out about the Motrio Services offered by the Repairers,
- Identify the Motrio Services and a Repairer likely to carry them out for the Vehicle,
- Book a Service online with a Repairer for your Vehicle,
This list is non-exhaustive and may be modified at any time by RENAULT.
It is understood that RENAULT reserves the right to modify, at any time and without notice, the information appearing on the Site, in particular that relating to the terms and conditions governing the booking of appointments for the provision of a Service.
The services offered by the Site are provided free of charge.
In view of the purpose of the Site, the User acknowledges that the performance of any Motrio Service by a Motrio Repairer (including the establishment of a specific estimate, if applicable, as part of the repair order established by the Motrio Repairer during the workshop visit) is subject to invoicing by the Motrio Repairer, and will be payable by the User.
3. Licence to use the Site
RENAULT grants the User a personal, non-exclusive, revocable, non-assignable, non-transferable and free of charge licence to use the Site, the Content and its Elements.
This licence is granted to the User solely for their own needs, to the exclusion of any commercial or profit-making exploitation of all or part of the Content and/or Elements.
The User does not acquire any other rights to the Site, the Content and/or the Elements other than those conferred herein.
4. Motrio Services offered by Motrio Repairers
The detailed list of the Motrio Services offered by Motrio Repairers and the indicative prices are available on the Site.
It is specified that when the User searches for a Motrio Repairer on the Site, the resulting list of Motrio Repairers is based on the proximity to the place declared by the User.
4.1 Selection of Services and choice of Motrio Repairer
To benefit from the Motrio Services offered on the Site, the User must proceed as described below:
A) From the "All our services" section
In order to obtain an appointment for Motrio Services:
- The User selects the desired Motrio Service;
- The User clicks on "Make an appointment";
- The User enters the following information: the number plate (mandatory), the vehicle's mileage (optional) and the postal code (mandatory);
- The User selects the list of Motrio Services to be carried out and then continues;
- The User selects the desired Motrio Repairer from those available;
- The User chooses the desired day and time slot;
- The User enters their personal data: surname, first name, telephone number, e-mail address;
- The User chooses whether or not to receive marketing communications;
- The User adds a comment (optional) for the garage;
- The reservation request is sent to the Motrio Repairer who must confirm the possibility of honoring the said reservation ;
- The User receives a summary e-mail about the appointment request;
- The User is contacted by the Motrio Repairer to set the exact time of the appointment;
- The User receives an e-mail confirming and/or refusing the appointment.
B) From the "Find a garage" section
- The User searches for and selects the desired Motrio Repairer;
- The User clicks on "Make an appointment";
- The User enters the following information: the number plate (mandatory), the vehicle's mileage (optional) and the postal code (mandatory);
- The User selects the desired service;
- The User selects the list of Motrio Services to be performed and then continues;
- The User chooses the desired day and time slot;
- The User enters their personal data: surname, first name, telephone number, e-mail address;
- The User chooses whether or not to receive marketing communications;
- The User adds a comment (optional) for the Motrio Repairer;
- The reservation request is sent to the Motrio Repairer for confirmation;
- The User receives a summary e-mail about the appointment request;
- The User is contacted by the Motrio Repairer to set the exact time of the appointment;
- The User receives an e-mail confirming and/or refusing the appointment.
4.2 Appointment booking process
The Motrio Repairer receives a notification by e-mail and SMS for a new appointment.;
1. The Motrio Repairer accesses their personal space, in the "Requests" section, selects and accepts/refuses the User's appointment request according to their availability:
- If accepted, they contact the User by telephone to confirm the exact time of the appointment;
- In the event of refusal, they may contact the User to propose an alternative or decline the appointment.
2. The User is contacted by the Motrio Repairer to set the exact time of the appointment;
3. The User receives an email confirming and/or refusing the appointment.
4.3 Appointment Modification
The User or the Motrio Repairer may modify the appointment by rejecting the appointment made. Each is then informed of the other's decision by phone and/or email and in this case:
- Either the User reformulates an appointment request,
- Either the Motrio Repairer contacts the User in order to modify the appointment.
4.4 Change of Motrio Repairer
After requesting an appointment, or if an appointment has already been scheduled, the User may cancel it verbally by informing theMotrio Repairer by telephone, which will take care of cancelling the appointment electronically.
The User can also make a new appointment by selecting a Motrio repairer, as described in section 4.1.
4.5 Cancellation of the appointment
Scheduling an appointment constitutes a firm commitment for the User, and as far as possible the User must cancel an appointment by contacting the Motrio Repairer concerned directly if they are unable to attend the appointment.
The User shall assume all the consequences of their failure to show up for an appointment with the Motrio Repairer if they have not cancelled the appointment with reasonable notice.
4.6 Choice of Service and Entry of Information
The User is responsible for choosing the Service Provision corresponding to the need that they have identified.
In all cases, the Motrio Repairer will carry out a diagnosis upon receipt of the Vehicle and will be able to identify whether the Motrio Service requested is suitable and/or either confirm the Motrio Service provided for in the appointment, or recommend in place of or in addition, any Motrio Service provision corresponding to the condition of the Vehicle.
This verification and the resulting proposal will be carried out in accordance with the selected Motrio Repairer's General Terms and Conditions of Repair in force on the date the Vehicle is presented.
Neither RENAULT nor the Motrio Repairer are responsible for errors resulting from the User entering incorrect information during the appointment booking process.
4.7 Prices of Services
The Site does not provide any quotation for the Services chosen for an appointment with a Motrio Repairer. To find out the price, the User can call the Motrio Repairer chosen for the Motrio Service in question.
The User is advised that any information on the Site relating to the price of the Motrio Service provided by the Motrio Repairer is provided as an indication for the sake of convenience and subject to the diagnosis of the Motrio Repairer. RENAULT does not accept any responsibility to the User for any price indicated by a Motrio Repairer and under no circumstances does RENAULT guarantee the accuracy of the information provided by the Motrio Repairer. The final price of the Motrio Service may vary depending on the repair order drawn up by the Motrio Repairer and submitted for the User's signature before the Motrio Service is carried out.
4.8 Feedback and satisfaction surveys
If a User provides comments on the Site concerning the functionalities or performance of the services (identification of errors, suggestion of improvements, etc.), the User undertakes to grant RENAULT all right, title and interest related to their implementation, without restriction or payment.
In addition, the User may receive by email after completion of the Services a satisfaction survey aimed at evaluating the quality of the services of the Site or the Services of the RepairerMotrio, the User remaining entirely free to follow up and having no commitment in this regard.
5. Obligations of the User
The User undertakes to use the Site in accordance with national and international regulations. In particular, it undertakes to :
- To read these T&Cs and to comply with them,
- Not to reproduce, even temporarily and/or partially, the Site and/or its Content, by any means and in any form,
- Not to access and/or use the software components of the Site,
- Not to use software or processes intended to copy the Content and/or likely to disrupt the proper functioning of the Site,
- Not to adapt, modify, translate, transcrimate, compile, decompile, assemble, disassemble or disassemble all or part of the Site, the Elements and/or the Content,
- Not to export the Site and/or merge it with other computer programs,
Inform RENAULT if it becomes aware of an act of piracy and/or illicit or non-contractual use of the Site and/or its Content,
- Not to manipulate and/or introduce any virus or malicious code, likely to cause computer and/or functional failures likely to affect the proper functioning of the Site or any Elements accessible through the Site,
- Not to hinder the proper functioning of the Site by any means whatsoever,
- Not to use the Website to post, upload or transmit any content that is contrary to good morals and public order (such as, but not limited to, any content of a racial, political, religious, pornographic or sexual nature).
As the User is solely responsible for their use of the Site, they acknowledge that neither RENAULT nor the Repairers Motrio can be held liable for any direct or indirect damage, and in particular material damage, immaterial damage, loss of data or programs, financial loss, resulting from access to or use of the Site, or due to, in particular, interruption, suspension or modification of the Site or any of its Elements.
When the User documents forms, they undertake that the content of their comments:
- Either in relation to the purpose of the form it provides,
- Is not likely to divert the purpose of the form by expressing (i) philosophical, political, religious, trade union opinions or (ii) elements of a racial, ethnic or sexual nature that are violent, vulgar, obscene, insulting, contrary to good morals, proselytizing, defamatory or hateful,
- Does not damage the brand image of RENAULT or the brand image of the MOTRIO network and more generally the interests of the RENAULT Group.
In the event of a violation of any of the above restrictions, RENAULT reserves the right, at its sole discretion and without prior notice, to suspend the processing of its claim and initiate legal proceedings.
6. Liability / Exclusions of Liability
6.1 RENAULT's responsibilities on the Site
Within the limits of applicable laws and regulations, neither RENAULT nor the members of the Motrio network assume any responsibility for the use of the Site by the User and do not give any guarantee, explicit or implicit, as to the speed or performance of the Site. Access to the Site may be temporarily suspended for technical reasons. Where applicable, the technical teams will make their best efforts to resolve the problem as quickly as possible.
RENAULT reserves the right to modify the information on the Site at any time and without prior notice, and neither RENAULT and/or its subsidiaries nor the Motrio Repairers may be held liable in this respect. Access to and use of the Site is at the User's own risk. It is the responsibility of the company to take all appropriate measures to protect its own data and/or software stored on its telephone and computer equipment against any attack.
In any event, RENAULT shall be released from any liability:
- In the event of non-compliance by the User with these T&Cs,
- In the event of a malfunction of the Site due to a cause, voluntary or involuntary, attributable to the User or attributable to a third party and resulting from an act of malice, software, equipment (smartphone, tablet, etc.), interface or any other product or supply of the User;
- In the event of a malfunction and/or failure of the User's computer network and/or communication, regardless of the cause.
RENAULT does not guarantee that the Site is free of any errors or anomalies, or that it may not be subject to damage or attack, in particular by viruses, which may cause malfunctions, interruptions, breakdowns or loss of data or information.
6.2 Responsibilities of Motrio Repairers on the Services
The Site exclusively offers a service of putting a User in touch with Motrio Repairers with a view to making an appointment with a Motrio Repairer for the performance of a Motrio Service by the Motrio Repairer concerned.
The Motrio Repairer is solely responsible for the Motrio Service it provides on the Vehicle and RENAULT cannot be held responsible for the information provided by the Motrio Repairer concerning the terms and conditions of the Motrio Services provided, in particular any information relating to their price (labour rate, availability of appointments, etc.).
In general, it is recalled that the Service of the Motrio Repairer is governed by their General Terms and Conditions of Repair in force on the date the Vehicle is presented .
It is reminded that no online quote is offered via the Site by the Motrio Repairer and that the Motrio Repairer will only be able to carry out the Motrio Service after having examined the Vehicle for which the appointment was made and the User has signed an order to repair the Vehicle.
In addition, RENAULT cannot be held liable for acts resulting from the negligence of the User or that of the Motrio Repairer. RENAULT declines all responsibility in the event of a dispute, whatever the cause, between a User and a Repairer, not attributable to RENAULT. RENAULT cannot be held liable for the non-performance or improper performance of a Service by the Motrio Repairer, and for their consequences.
7. Protection of personal data
The use of the Site and the Services may require collection by RENAULT and Motrio Repairers personal data allowing direct or indirect identification of the User. To find out more about the processing of your personal data, or about cookies, the User can click: https://www.motrio.co.uk/legal-page/PDP
To make an appointment for a Service from the Site, the user must provide the license plate number of their vehicle and their personal data (surname, first name, telephone number, e-mail address).
8. Intellectual property
The Site and its Content are protected by intellectual property rights.
The Site as a whole as well as each Element (in particular photographs, texts, slogans, trademarks, logos, images and drawings, animated sequences with sound or not) of the Site are the property of RENAULT or the holders of the rights that have authorized RENAULT to use them.
It is forbidden to copy, modify, reproduce in any form the information and material of the Site.
The User may not copy, modify, reproduce, represent, translate in whole or in part, in any form whatsoever, the information and elements appearing on the Site, nor act in such a way as to infringe the intellectual property rights of RENAULT and third parties who have authorized RENAULT to use them.
In general, the User does not acquire any property rights of any kind whatsoever over the know-how, company names, trade names, trademarks, copyrights, logos, patents and any other intellectual property rights related to RENAULT.
9. Contact
The user can request customer support via the following url: https://www.motrio.co.uk/contact
The request for information will be forwarded to Customer Service Department.
The User must provide their number, e-mail address, telephone number, the subject of their request and the message clearly describing their request.
10. Applicable law
The Site and these T&Cs are interpreted in accordance with the laws of England & Wales. Any dispute that arises concerning the interpretation and/or use of these T&Cs must be the subject of an attempt at amicable settlement. In the absence of an amicable settlement, the courts of England & Wales shall have exclusive jurisdiction.
11. Miscellaneous
Updating the T&Cs
RENAULT reserves the right to modify and update these T&Cs without notice, at any time and without prior notice to Users.
Where applicable, the User will be required to modify and update as soon as they are published on the Site, and it is the User's responsibility to consult the T&Cs in force each time they connect to the Site.
No waiver
The fact that the User, RENAULT or any member of the MOTRIO network does not avail itself of a clause of these T&Cs may not be interpreted as a temporary or definitive waiver of the benefit of the provision in question, which will remain in force.
Nullity of a clause
If one or more provisions of these T&Cs are declared invalid, void or unwritten by virtue of the applicable regulations, modifications or following a final decision of a competent court, the other provisions remain in full force and effect.
Force Majeure
Any event having the characteristics of force majeure, and resulting in a malfunction of the Application and the Site, cannot engage the liability of RENAULT.
In addition to those usually retained by applicable national case law, the following are expressly considered to be cases of force majeure, governmental and legal restrictions and modifications, computer failures and telecommunications blockages, as well as server failures.