Terms of Use

Last Revised Date: 10/08/2024

Welcome to Arkner! These Terms of Use ("Terms") govern your access to and use of the Arkner website ("Site") and the services provided through the Site ("Services"). By accessing or using the Site or Services, you ("you" or "User") agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site or use the Services.

1. Information About Us

[Insert Company Name] ("Arkner," "we," "us," or "our") operates the Site and provides the Services. Our registered office is at 71-75 Shelton Street, London, WC2H 9JQ, England. Our email address is support@arkner.com.

2. Definitions

"Customer" means a User who has posted a Recovery Request on the Site.
"Driver" means a User who has submitted a quotation in respect of a Recovery Request.
"Recovery Request" means the vehicle recovery request posted by the Customer on the Site.
"Transaction" means the agreement entered into between a Driver and a Customer for the performance of a Recovery Request.
"Content" means any and all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, downloaded, or appearing on the Site.

3. Access to the Site

3.1. We endeavour to ensure that the Site is available 24 hours a day, but we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.

3.2. Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair, or for any reasons beyond our control.

4. Registration and Membership

4.1. You must be at least 18 years old and legally capable of entering into contracts to use the Site and Services.

4.2. To access certain features of the Site and Services, you must register for an account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to keep your Account information updated.

4.3. You are responsible for maintaining the confidentiality of your Account login information, including your password. You are solely responsible for all activity that occurs under your Account.

4.4. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.

4.5. We reserve the right to terminate your Account or restrict your access to the Site and Services for any reason, at any time, without notice.

5. Our Services - Neutral Venue

5.1. Arkner is a neutral venue that connects Customers with Drivers. We are not a vehicle recovery service provider, broker, or intermediary of any sort.

5.2. We are not involved in the actual Transaction between Customers and Drivers. We have no, and assume no, control over the quality, safety, or legal aspects of the Recovery Requests and/or Transactions that take place through the Site.

5.3. It is the responsibility of the Customer and Driver to negotiate the terms of the Transaction.

6. User Content

6.1. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Site ("User Content").

6.2. You represent and warrant that you have all necessary rights to grant us the licences and sublicenses described in these Terms and that your User Content, and your use of the Site and Services, does not violate these Terms or any applicable law or regulation.

6.3. You retain all of your ownership rights in your User Content. However, by uploading, posting, or otherwise making available User Content through the Site or Services, you hereby grant to Arkner a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with the Site, the Services, and our business (and our successors and affiliates rights to operate the Site and Services and use your User Content) in any and all media or distribution methods (now known or later developed).

6.4. You agree not to upload, post, or otherwise make available User Content that:

is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity;
contains any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupts the normal flow of conversation, causes screens to scroll faster than other users are able to type, or otherwise acts in a way that negatively affects other users' ability to use the Site or Services; or
violates any applicable local, state, national, or international law or regulation.

6.5. We reserve the right, but are not obligated, to: (i) monitor User Content; (ii) investigate any alleged violation of these Terms; and (iii) take any action that we deem appropriate in our sole discretion, including without limitation, removing User Content, suspending or terminating your Account, and reporting you to law enforcement authorities.

7. Prohibited Uses

7.1. You may use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site or Services:

in any way that violates any applicable federal, state, local, or international law or regulation;
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
to impersonate or attempt to impersonate Arkner, an Arkner employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or Services, or which, as determined by us, may harm Arkner or users of the Site or Services, or expose them to liability;

8. Intellectual Property Rights

8.1. The Site and its original content, features, and functionality are and will remain the exclusive property of Arkner and its licensors. The Site is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Arkner.

8.2. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on our Site, except to the extent necessary to access and view the Site.

8.3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Disclaimer of Warranties

9.1. Your use of the Site, its content, and any Services or items obtained through the Site is at your own risk. The Site, its content, and any Services or items obtained through the Site are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied.

9.2. Neither Arkner nor any person associated with Arkner makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site or Services. Without limiting the foregoing, neither Arkner nor anyone associated with Arkner represents or warrants that the Site, its content, or any Services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components, or that the Site or any Services or items obtained through the Site will otherwise meet your needs or expectations.

10. Feedback

10.1. While we cannot conduct due diligence on our Users, we enable Customers and Successful Drivers to provide feedback evaluations on each other's performance in the course of the Transaction, including but not limited to the performance of the Recovery Request (or, as the case may be, their failure to enter into a Transaction and/or perform the Recovery Request). The evaluations aim to provide Users with guidance on the skills and/or reliability of other Users before quoting or, in the case of Customers, accepting a quote from a Driver.

10.2. The feedback process involves leaving a rating along with a short comment about the performance of the User. There are three feedback scores you can give: +1 (positive), 0 (neutral), and -1 (negative). A User's overall feedback score is the average score of the ratings they have received.

10.3. You accept that by posting a Recovery Request or by quoting on a Recovery Request, it is probable that another User will leave feedback about you, and you acknowledge that your feedback consists solely of comments left by other Users and the overall feedback score calculated in accordance with clause 10.2. You agree that you will not use any feedback received on the Site on any venue or website that is not the Site. Always use common sense and respect when leaving feedback on another User, as unwarranted, potentially libellous feedback could result in legal claims being made against you. We do not censor feedback or investigate it for accuracy, and you acknowledge that we are in no way legally responsible for any feedback left.

10.4. Any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the Site may result in a ban from further use of the Site and, if applicable, being reported to any relevant authorities.

11. User Conduct

11.1 You agree not to use the Site or Services to:

Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services.
Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
"Stalk" or otherwise harass another user or person.
Collect or store personal data about other users or persons.

12. Intellectual Property Rights

12.1. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Arkner, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

12.2. You are granted a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Site and Services for your own personal, non-commercial use only. You may not download (other than page caching) or modify the Site or any portion of it without the express written consent of Arkner.

12.3. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Arkner. Any use of the Site or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

13. Disclaimers

13.1. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ARKNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.2. ARKNER DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13.3. ARKNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

13.4. YOU (AND NOT ARKNER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

13.5. THE FOREGOING EXCLUSIONS DO NOT AFFECT ANY STATUTORY RIGHTS THAT ARE NOT CAPABLE OF EXCLUSION.

14. Limitation of Liability

14.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARKNER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

14.2. IN NO EVENT SHALL ARKNER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED POUNDS STERLING (£100).

15. Indemnification

You agree to indemnify, defend, and hold harmless Arkner, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

16. Governing Law and Jurisdiction

These Terms 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 laws of England and Wales.

You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

17. Waiver and Severability

No waiver of by Arkner of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Arkner to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

18. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Arkner with respect to the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and Services.

19. Changes to these Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by posting the updated Terms on the Site and/or by sending you an email notification. The updated Terms will be effective as of the date they are posted on the Site or such later date as may be specified in the updated Terms. Your continued use of the Site or Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms.

20. Contact Us

If you have any questions about these Terms, please contact us at:

Arkner Limited
71-75 Shelton Street, London, WC2H 9JQ, England
support@arkner.com