Terms and Conditions - Swift Remote

Swift Remote Diagnostics Platform Terms and Conditions

Welcome to Swift Remote Diagnostics! We provide a cloud-based platform (Platform) where you can purchase remote diagnostics services to be performed via the Platform.

In these terms and conditions (Terms), when we say you or your, we mean both you and, if applicable, any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Collision Assist Solutions Ltd, a company registered in England and Wales with company number 14189816.
These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms or throughout these Terms.
For questions about these Terms, or to get in touch with us, contact us using the details below:
Our contact details:
Collision Assist Solutions Ltd, a company established in England and Wales. Our company registration number is 14189816.
Phone number: 07702495645
Geographical address: Office 1B Britannia House, Gainsborough, England DN21 2NA, GB
Email address: Lisa@collisionassistltd.co.uk
These Terms were last updated on 6 September 2023.

IMPORTANT: YOU MUST PROVIDE YOUR OWN STABLE INTERNET CONNECTION TO USE THE PLATFORM AND RECEIVE THE REMOTE SERVICES. WE RECOMMEND THAT YOU CONNECT TO THE REMOTE SERVICES USING HARD-WIRED INTERNET, AND USE WIFI AS A BACK-UP. INTERNET FAILURE WHILE THE REMOTE SERVICES ARE BEING PERFORMED MAY CAUSE SERIOUS DAMAGE TO YOUR VEHICLE. WE DISCLAIM ALL LIABILITY YOU MAY SUFFER ARISING FROM OR IN CONNECTION WITH ANY FAILURE OF YOUR INTERNET WHILE THE REMOTE SERVICES ARE BEING PERFORMED.

1 Engagement and Term
1.1 These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only (which may be suspended or revoked in accordance with these Terms).
1.2 You must be at least 16 years old to use the Platform.
1.3 Variations to these Terms: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.
1.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
1.5 If you request Remote Services through our website as a consumer, and you expressly request that we start providing you the Remote Services within your 14-day cancellation period, and acknowledge that you will lose your right to cancel the Remote Services within the first 14 days under Consumer Laws.
2 Our Services
2.1 We provide the following services to you:
(a) access to our Platform; and
(b) the Remote Services,
(collectively, our Services).
2.2 You should ensure that any device you use to access the Services is compatible with the Platform.
2.3 In consideration of your payment of the Fees, we will provide the Remote Services in accordance with these Terms and all applicable laws, whether ourselves or through our personnel. We warrant to you that the Platform will be provided using reasonable care and skill.
2.4 We will not be responsible for any other services unless expressly set out in these Terms or on our Platform.
2.5 Third Party Products or Services: Where you engage third parties to operate alongside our Services (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.
3 Accounts
3.1 You must register on the Platform and create an account (Account) to access and use our Platform.
3.2 While you have an Account with us, you agree to keep your information up-to-date (and ensure it remains true, accurate and complete).
3.3 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
3.4 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.
3.5 We may change the features of Platform at any time, without notice or liability to you.
4 Remote Services
4.1 Once you have made an Account on the Platform, you may request us to perform a Remote Service on your Vehicle through the Platform.
4.2 IMPORTANT: You will require SWIFT Remote Diagnostic remote interface tool (Connector Tool), which you can purchase from our Site at http://swiftremote.co.uk before you can receive the benefit of any Remote Services. The Connector Tool is required to connect the Remote Services to your Vehicle. You should ensure that the Connector Tool is compatible with your Vehicle.
4.3 Once you have selected a relevant Remote Service on the Platform, you will be asked to select a date and time for the performance of the Remote Service. Once the date and time has been confirmed through our Platform, and you have paid the Fees, an order for the Remote Services will be confirmed (Booking).
4.4 You are responsible for selecting the appropriate Remote Service, and confirming that it is compatible with your Vehicle. Please contact us before making a Booking if you have any questions about the suitability of a Remote Service for your Vehicle.
4.5 If we need to reschedule your Booking for unforeseen circumstances, we will inform you as soon as possible, and reschedule the Remote Services to a mutually agreeable date and time, which will become an amended Booking.
4.6 At the time of your Booking, you should log onto the Platform and follow the below steps:
1. Provide us with the make, model, engine type, and VIN number of your vehicle.
2. Select the relevant service, and connect to our online chat function, where you will be speaking with one of our team members.
3. Where the Remote Service relates to the calibration or set-up of new Vehicle locks or immobiliser systems, we will ask you further questions to confirm your (or your client’s) identity and valid ownership of the Vehicle. We reserve the right to terminate the Remote Service at any time if we cannot confirm your (or your client’s) identity and/or ownership of the Vehicle.
4. Our team member will instruct you to connect the Connector Tool to the OBD port of your Vehicle, and will begin performing the Remote Service. You should remain on the Platform during the Remote Service, and respond to any requests made by our team members.
5. Once the Remote Service has been completed, our team member will inform you via the Platform. Do not disconnect the Connector Tool until our team member has confirmed you may do so.
4.7 IMPORTANT: You must have a stable internet connection for us to perform the Remote Services, which must be provided by you at your cost. We recommend that you connect to the Remote Services using hard-wired internet, and use Wi-Fi as a back-up option. INTERNET FAILURE WHILE THE REMOTE SERVICES ARE BEING PERFORMED MAY CAUSE SERIOUS DAMAGE TO YOUR VEHICLE.
4.8 Note that in some circumstances, we may not be able to successfully perform the Remote Service remotely, and you may require attendance at your Vehicle. We will inform you of the quote for our in-person assistance via the Platform or email.
5 Fees
5.1 Once you have created an Account and chosen the applicable Remote Services that you wish to purchase, you agree to pay the fees set out on the Platform (Fees) before the Remote Service is performed.
5.2 The payment methods we offer for the Fees are set out on the Platform. You may opt to store your payment method through our third party payment processor, so that you may use the same method of payment for future purchases of the Remote Services.
5.3 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
5.4 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
5.5 To the extent permitted by law, and subject to your rights to cancel these Terms under clause 6 where you are a consumer for the purposes of the Consumer Laws, the Fees are non-refundable and non-cancellable once paid.
5.6 Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
6 Your right to change your mind
6.1 This clause 6 applies where you set up an Account for the Platform in your capacity as a ‘consumer’, as that term is defined in Consumer Laws.
6.2 Except as set out below, you have the right to cancel your purchase of the Remote Services, and receive a full refund of the Fees, without giving any reason, any time up to 14 days after the day you accept these Terms (Cooling-off Period). We agree not to provide you with access to the Remote Services during the Cooling-off Period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted these Terms, if you instruct us to provide you with the Remote Services (via the Platform) during the Cooling-off Period, this will be taken to be an express request by you, and you will lose your right to cancel.
6.3 When you don’t have the right to change your mind: You do not have a right to change your mind and cancel the Remote Services during the Cooling-off Period if you expressly request to access the Remote Services during the Cooling-off Period.
6.4 Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms in accordance with this clause 6, you should contact us using the contact details set out at the start of these Terms, or by using the Model Cancellation Form at Attachment 1 to these Terms.
6.5 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under this clause 6, then your refund will be made within 14 days of your telling us you have changed your mind.
7 Platform Licence
7.1 While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.
7.2 You must not:
(a) access or use our Platform in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;
(c) introduce any viruses or other malicious software code into our Platform;
(d) use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform;
(e) attempt to access any data or log into any server or account that you are not expressly authorised to access;
(f) use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
(g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
(h) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
8 Availability, Disruption and Downtime
8.1 While we strive to always make our Platform available to you, we do not make any guarantees that these will be available 100% of the time. Our Platform may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
8.2 The Remote Services are available between 8am and 5pm on Business Days, or as may otherwise be communicated by us through the Platform.
8.3 Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
8.4 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.
9 Intellectual Property and Data
9.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself (including how it looks and functions), any algorithms or machine learning models used on the Platform, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property (Our Intellectual Property) will at all times vest, or remain vested, in us or our licensors.
9.2 Where you are using our Services as a consumer, we authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.
9.3 Where you are using our Services as a business, we authorise you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. Use must be limited to devices that are controlled or approved by you.
9.4 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
9.5 You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own business purposes, provided that the Analytics do not contain any identifying information.
9.6 This clause will survive the termination or expiry of these Terms.
10 Your Warranties
10.1 You represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
(d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
11 Limitations on and Exclusions to our Liability
11.1 Neither Party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
11.2 The restrictions on liability in this clause 11 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
11.3 Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) defective products under the Consumer Protection Act 1987.
11.4 This clause 11.4 applies to the extent that the Platform is considered digital content. If the Platform is defective and it damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow our instructions or to have in place the minimum system requirements advised by us, including in relation to internet usage.
11.5 To the maximum extent permitted by law, we shall have no Liability for any third party products or services, or any unavailability of the Platform due to a failure of the third party products or services .
11.6 Subject to clauses 11.1 (no limitation in respect of deliberate default), clause 11.4 (damage caused by defective digital content) and 11.3 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:
(a) you agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause (clause 7) and the Intellectual Property clause (clause 9) of these Terms;
(b) where you are using the Platform as a business, neither Party will be liable for any Consequential Loss;
(c) we only supply the Platform to consumers for domestic and private use. If you use the Platform for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;
(d) where you are using the Platform as a consumer, and either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms;
(e) a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and
(f) our aggregate liability for any liability arising from or in connection with these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the supply of the relevant Remote Services to which the Liability relates.
11.7 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or in connection with any failure of your internet while the Remote Services are being performed, including where we have assessed your internet connection prior to the performance of the Remote Services and deemed it to be acceptable at such time.
11.8 Subject to clauses 11.1 (no limitation in respect of deliberate default), clause 11.4 (damage caused by defective digital content) and 11.3 (liability which cannot legally be limited), but despite anything to the contrary, if either Party fails to comply with this Agreement, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with this Agreement.
11.9 We have given commitments as to the compliance of the Platform with these Terms and applicable Laws in clause 2.3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
11.10 This clause will survive the termination or expiry of these Terms.
12 Termination
12.1 Cancellation of a Remote Service: Subject to clause 6, you are not entitled to cancel a purchase for a Remote Service after it has been made.
12.2 Cancellation of your Account: You may request to cancel your Account at any time by notifying us via email at enquiries@swiftremote.co.uk. Your cancellation will take effect immediately. Subject to clause 12.6, you will not be entitled to a refund for any prepaid Fees for Remote Services.
12.3 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:
(a) you do not pay the Fees as they fall due;
(b) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(c) you breach these Terms and that breach cannot be remedied; or
(d) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
12.4 Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.
12.5 Upon expiry or termination of the Services, we will retain your data (including copies) as required by law or regulatory requirements.
12.6 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
12.7 Termination of the Services will not affect any rights or liabilities that a Party has accrued under these Terms.
12.8 This clause will survive the termination or expiry of these Terms.
13 General
13.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
13.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
13.3 Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
13.4 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a) where you are resident or incorporated in England and Wales, refer the matter to mediation, administered by The Centre for Effective Dispute Resolution; or
(b) where you are not resident or incorporated in England and Wales, refer the matter to arbitration administered by the London Court of International Arbitration (LCIA), with such arbitration to be conducted in London, before one arbitrator, in English and in accordance with the LCIA Arbitration Rules.
13.5 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
13.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications
13.7 Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Platform may be accessed in the UK and overseas. We make no representation that the Platform complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Platform from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Platform. The United Nations Convention of Contracts for the International Sale of Goods is expressly excluded from these Terms.
13.8 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
13.9 Publicity: You agree that, subject to your prior written consent, we may advertise or publicise the fact you are a customer of ours, for example on our website or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.
13.10 Privacy: All personal data you provide to us will be treated in accordance with our privacy policy. You can find our privacy policy at [insert link].
13.11 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
13.12 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
14 Definitions
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Consumer Laws means any laws applying to you as a consumer, including the Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application for registration of, and any improvements, enhancements or modifications of, the foregoing, and any right to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, including in respect of the foregoing.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Remote Services means any remote diagnostic or calibration services that you request us to provide through the Platform.
Vehicle means a motor vehicle, which you connect to the Remote Services.
© LegalVision Law UK Ltd

ATTACHMENT 1 – MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Collision Assist Solutions Ltd t/as Swift Remote Diagnostics (Company registration number 14189816), Phone number: 07702495645, Address: Office 1B Britannia House, Gainsborough, England DN21 2NA, GB, Email: enquiries@swiftremote.co.uk
I hereby give notice that I cancel my contract of sale of the following services:
Received on:
Name of consumer:
Address of consumer:
Signature of consumer(s) (only if this form is notified on paper):
Date:
© Crown copyright 2013.