Terms & Conditions – Pivotal

Terms & Conditions

Last Updated : 22nd October 2019

  1. Agreement
    1. These terms and conditions apply in respect of your access to and use of our vehicle subscription service (“Service”). In these terms and conditions, capitalised terms shall have the meanings given to them in section 16.1, references to “you” and “your” shall mean the customer identified in the Subscription Particulars, and references to “we”, “us”, “our” shall mean Inmotion Ventures 3 Ltd.
    2. When you submit the Subscription application, you are making an offer to subscribe to the Service provided by us, subject to these terms and conditions. If we confirm our acceptance of your Subscription application, you will have entered into a contract with us in relation to your use of the Service on these terms and conditions (“Agreement”). The Subscription Particulars are incorporated into, and form part of, this Agreement.
    3. We may modify or vary the Service and these terms and conditions at any time by posting the revised terms and conditions on the Website, or by emailing you at the email address registered to your account. You will also be required to comply with the terms of our insurers, which we will notify to you from time to time.
    4. If you have any questions regarding this Agreement, please contact us via email at [email protected] or by telephone at +44 (0)20 3950 4833. We will handle any complaints about the Service in accordance with our Complaints Procedure at www.drivepivotal.com/complaints.
  2. Term and Termination
    1. Your Subscription and this Agreement will commence when we confirm our acceptance of your application for a Subscription. This Agreement will continue to be in force, unless and until it is terminated earlier in accordance with these terms and conditions.
    2. You may terminate this Agreement for any reason:
      1. at any time within 14 days’ of the Vehicle Delivery Date (“Cooling-off Period”), by providing us with notice, in which case we will refund you any payments you have made to us;
      2. at any time during the Minimum Contract Period, but after the Cooling-off Period, by providing us with at least fourteen (14) days’ notice, in which case we will refund you any Subscription Fees you have paid to date, less the Minimum Contract Amount.
      3. at any time after the Minimum Contract Period, by providing us with at least fourteen (14) days’ notice, in which case we will refund you any Subscription Fees you have paid to date, less the Subscription Fees due for the period in which you had use of the Vehicle.
    3. To exercise your right to terminate under section 2.2, you may notify us by email at [email protected] or by phone at +44 (0)20 3950 4833. If you prefer, you may use the cancellation form at www.drivepivotal.com/cancellation-form.
    4. You may terminate this Agreement if you do not accept any change to the Service or these terms and conditions, in which case we will refund you an amount calculated in accordance with section 2.2. Your continued use of the Service shall indicate your agreement to be bound by the amended terms.
    5. We may immediately terminate your Subscription by notice to you if:
      1. you fail to comply with the terms of this Agreement, including any failure to make payment of the Subscription Fees when due;
      2. any of the eligibility conditions referred to in section 3 are or become untrue,
      3. any Named Driver receive endorsements or convictions on his or her driving licence during the Subscription Term which affect your eligibility for a Subscription;
      4. you are no longer in possession or control of the Vehicle;
      5. you become bankrupt or enter into any arrangement or composition with creditors;
      6. you cause (or allow to be caused) excessive damage to the Vehicle;
      7. you move to an address that is outside of our service area (for example, from London to Edinburgh); or
      8. any information you supplied to us in connection with this Agreement is inaccurate or misleading in any material way.
    6. Upon expiration or earlier termination of this Agreement for any reason: 
      1. all rights granted to you under this Agreement (including but not limited to your right to use the Vehicle) will immediately terminate and you will return the Vehicle to us or our representative within seven (7) days, at such location as we direct;
      2. you must remove any debris, rubbish and your personal possessions from the Vehicle before returning it to us, and we may destroy or otherwise dispose of any of your possessions left in the Vehicle after it has been returned;
      3. you must re-fuel or re-charge the Vehicle (as applicable) to the same level as it was delivered to you on the Vehicle Delivery Date; and
      4. the rights and, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including our right to recover any amounts owed by you pursuant to this Agreement, will not be affected or prejudiced.
    7. The sections titled “Definitions,” “Liability,” “Termination,” and “General” shall survive any termination or expiration of this Agreement.
  3. Service Eligibility
    1. We determine your eligibility to subscribe to the Service, and the eligibility of the Named Drivers to drive the Vehicle, on the basis of the information you submitted to us in your Subscription application. As part of your application we will carry out identity and credit checks on you and any Named Driver. For further information, please refer to our privacy policy at www.drivepivotal.com/privacy-policy.
    2. To be eligible for a Subscription, you and any Named Driver must meet the following minimum criteria:
      1. Be over 30 years of age;
      2. Have proof of no insurance claims for a minimum of two (2) years;
      3. No previous motor insurance cancelled or declined;
      4. Have held a full UK or EU Driving Licence for at least two (2) years;
      5. Have no more than 6 points arising out of minor convictions on your driving licence;
      6. Have no major convictions endorsed on your driving licence; and
      7. Not have any unspent motoring convictions.
    3. We or our insurers may impose additional criteria for subscription from time to time, so your application may not be accepted even if you satisfy the above criteria.
    4. You must notify us immediately if any of the information you have submitted is incorrect, misleading or changes during the Subscription Term. In particular, you must notify us if your address changes, if a Named Driver loses his or her driver’s licence, or if further endorsements are recorded on the driving record of any Named Driver, or if a Named Driver is convicted of, or receives a citation for, an offence relating to driving.
    5. If we determine that you are no longer eligible to receive the Services as a result of any corrected or updated information, or any change in our eligibility criteria, we may terminate your Subscription immediately.
  4. Subscription
    1. In consideration of your payment of the Subscription Fee, we will grant you access to the Service in accordance with the terms of this Agreement.
    2. Your Subscription is based on the membership tier selected by you. Your membership tier determines which Vehicle you may select. You may request to change membership tiers at any time following the Minimum Contract Period by notifying us in writing or through the Pivotal mobile app. Whilst we will do our best to accommodate a vehicle and or tier change, we reserve the right not to confirm a change at our discretion for operational reasons. Any change will take effect from the beginning of the next month after we confirm your change, and will be subject to the Subscription Particulars and applicable fees set out in the charges schedule at See www.drivepivotal.com/charges-schedule.
    3. Access to the Service enables you to request a Vehicle within your Subscription tier for as long as your Subscription remains in force. We make reasonable efforts to provide you with a particular Vehicle of your choice, but we do not guarantee that such Vehicle will be available to you.
    4. You must not give any other person access to your Pivotal account, or allow any other person to use or benefit from your account. You must tell us immediately if there is any loss or theft of your account password, or any unauthorised or suspicious activity relating to your account.
    5. You are responsible for maintaining your account and ensuring that your personal information in your account is up-to-date and accurate. We will not be responsible for any loss or damage arising as a result of incorrect or incomplete account information supplied by you.
  5. Fees and Charges
    1. The Subscription Fees for the Vehicle are payable monthly in advance. You agree to pay the Subscription Fees for the Vehicle by the due date each month. The initial Subscription Fee and Joining Fee will be payable at least twenty-four (24) hours before the Vehicle Delivery Date.
    2. Your subscription entitles you to a Mileage Allowance. You agree to pay the applicable Excess Mileage Fee as outlined in the charges schedule at See www.drivepivotal.com/charges-schedule at the end of the Subscription Term if you exceed the Mileage Allowance.
    3. If we receive notice from any third party of a fine or charge in connection with your use or possession of the Vehicle, we will endeavour to forward such notice to you within twenty (20) days of our receipt of such notice. You agree to pay the applicable administration fee set out in the charges schedule at See www.drivepivotal.com/charges-schedule.
    4. You will also be responsible for other fees and charges incurred in connection with your use or possession of the Vehicle, including:
      1. the applicable fees and charges set out in the charges schedule See www.drivepivotal.com/charges-schedule;
      2. any third party fines (including traffic, speeding, parking, clamping release, towage or otherwise), recovery charges, or congestion or toll road charges involving the Vehicle; and
      3. any charges in relation to the repossession of the Vehicle, including, without limitation, third party agent costs, transportation required for the repossession of the Vehicle, legal proceedings in relation to the repossession of the Vehicle and any other costs, charges and expenses in relation to or in connection with your breach of this Agreement; and
      4. any loss or damage to the Vehicle and any related items (including keys and Vehicle manuals), subject to reasonable wear and tear.
    5. Please also refer to section 11 which explains your liability for any loss, damage or theft involving the Vehicle.
    6. 5.6 If you do not pay us the amounts due to us on time, we are entitled to charge you interest for late payment from the date each payment was due until paid at a rate of 8% per annum above the base rate of the Bank of England.
    7. You hereby authorise us to collect any amounts for which you are liable under this Agreement by charging the credit or debit card specified in the Subscription Particulars, or other payment method that is acceptable to us. You must notify us immediately if your credit or debit card details change during the Subscription Term.
    8. If you wish to apply for a grant from the Office for Low Emission Vehicles (“OLEV”) to cover the cost of purchasing and installing a home charging point to charge the Vehicle, we will provide you with a letter to the OLEV confirming details of your Subscription in support of your application. Note, to be eligible for this grant, you must commit to subscribing to an electric Vehicle under this Agreement for a minimum period of six (6) months. We may extend the Subscription Term to meet this criteria at your request.
  6. Delivery and Handover of Vehicle
    1. We will deliver your Vehicle only to the address specified in the Subscription Particulars. We will endeavour to deliver the Vehicle on the date specified in the Subscription Particulars so long as that date is at least three (3) business days after your Subscription commences, but if we are unable to deliver on that date, we will agree an alternative date with you.
    2. The type of Vehicle we deliver to you will be determined by the tier you nominated for your Subscription.
    3. The Vehicle provided to you will be new or in good used condition, and under the manufacturer’s warranty. You will not own the Vehicle and title to the Vehicle remains with us at all times.
    4. On delivery of the Vehicle to you, you must inspect the vehicle and notify us of any defects with the Vehicle not already recorded in the Handover Vehicle Condition Report. If you do not notify us of any additional defects, the Handover Vehicle Condition Report we provide to you will be the final record of all defects with the Vehicle at the time of delivery to you.
    5. At handover, you must provide proof of your identity to our representative or we will be unable to deliver the Vehicle to you.
  7. Your Use of the Vehicle
    1. You must use the Vehicle at all times in accordance with the instructions in the Vehicle manual and in compliance with applicable law and the terms of this Agreement, including but not limited to, the obligations relating to collection and return of the Vehicle, and any conditions for use of the Vehicle set out in this Agreement.
    2. You acknowledge that you have primary responsibility for your own safety and that of your passengers during your use of the Vehicle. Only Named Drivers are covered by our insurance to use the Vehicle, but you may allow Additional Drivers to drive the Vehicle provided that they take out their own fully comprehensive insurance for driving the Vehicle. You agree that you will remain responsible for any person’s use of the Vehicle as though you were using the Vehicle.
    3. You must check tyre condition periodically, inflate the tyres if low, and report low tread levels to us.
    4. You must take reasonable precautions to ensure the security of the Vehicle, including but not limited to, locking the Vehicle when it is not in use and using any security device which is fitted or supplied with the Vehicle.
    5. You must not:
      1. sell, resell, rent, lease, license, hire, loan, assign (whether directly or indirectly, by operation of law or otherwise) or otherwise transfer, or encumber rights to the Vehicle, or any of its parts;
      2. modify or work on, or attach or affix anything to the Vehicle without our written consent;
      3. use the Vehicle to provide a courier, taxi or delivery service,
      4. allow any person to drive the Vehicle, except for Named Drivers or Additional Drivers who are covered by their own fully comprehensive insurance to drive the Vehicle;
      5. use the Vehicle to transport any hazardous, toxic, flammable, corrosive, radioactive, harmful, dangerous or illegal materials;
      6. use the Vehicle for any illegal purpose;
      7. use the Vehicle off-road, or for racing, pace making, testing the Vehicle’s reliability and speed, or teaching someone to drive;
      8. smoke in the Vehicle;
      9. use the Vehicle under the influence of alcohol or drugs;
      10. operate the Vehicle otherwise than in accordance with the Vehicle manual; or
      11. use the Vehicle outside of Great Britain without our prior written approval.
    6. If you wish to drive the Vehicle outside of Great Britain, you must notify us and seek our prior written approval. Unless you have received our written approval, the Vehicle must remain in Great Britain.
    7. We may wish to inspect the Vehicle from time to time. We will give you at least 7 days’ notice of any inspection. You will provide such cooperation as reasonably required to enable us to conduct an inspection of the Vehicle.
    8. We may, at our sole discretion, install tracking and monitoring technology in the Vehicle to prevent and detect crime and protect the Vehicle. This technology allows us to GPS track the Vehicle as well as extract mileage, fuel level, acceleration and braking data, as well as remotely lock / unlock or immobilise Vehicles. By using the Vehicle, you consent (for yourself, any Named Driver and any Additional Driver) to the use of such technology. The processing of any personal data in relation to such tracking and monitoring activities is further described in our privacy policy at www.drivepivotal.com/privacy-policy. You must not disable or uninstall any tracking technology in the Vehicle.
  8. Switching a Vehicle
    1. You may request to switch the Vehicle from time to time following the Minimum Commitment Period, but more than one switch in any six (6) month period shall incur an additional fee specified in the charges schedule at See www.drivepivotal.com/charges-schedule. Any request to switch your Vehicle will be subject to our approval and fleet availability. Each switched vehicle will be subject to the process for delivery and handover set out in section 6 and, once that process is complete, the switched vehicle will become the Vehicle for the purposes of this Agreement. Your original Vehicle will be returned in accordance with the process set out in section 8.
    2. We may at our sole discretion switch the Vehicle for another vehicle within your membership tier (provided such Vehicle materially complies with the requirements of this Agreement) by providing you with at least seven (7) days’ notice during the Subscription Term. You will cooperate with our reasonable requirements relating to such substitution of the Vehicle.
  9. Returning a Vehicle
    1. You must return each Vehicle and any related items (including keys and Vehicle manuals) to us in the same condition in which they were delivered to you, subject to reasonable wear and tear and empty of your possessions. We will inspect the Vehicle and such items upon their return and notify you within thirty (30) days following the inspection of any defects or loss for which you are responsible. If you are not present during the inspection, our assessment of such defects and loss will be final.
    2. When the Vehicle is returned to us (whether as a result of a substitution, or at the end of the Subscription Term), you must make the Vehicle available to us for inspection and collection at the location and time during business hours agreed between you and us. If you miss the scheduled return date, you may be liable for the cost of rescheduling the inspection and collection. You will be liable to pay late return fees if you do not return to the Vehicle to us on the agreed day at the end of the Subscription Term as specified in the charges schedule at www.drivepivotal.com/charges-schedule.
    3. If the Vehicle is not returned to us within seven (7) days following the end of the Subscription Term, we may repossess the Vehicle, and you must indemnify us in relation to any loss and damage resulting from the repossession of the Vehicle without prejudice to our other rights and remedies under this Agreement. This remedy is in addition to any other rights and remedies we may have.
  10. Vehicle Servicing
    1. We will arrange all routine servicing and maintenance of the Vehicle during the Subscription Term. We will provide you with reasonable notice (and in any event no less than seven (7) business days’ notice) of your Vehicle’s scheduled service and maintenance appointments. You will make the Vehicle available to us at the scheduled time, or we may charge you for the costs of rescheduling the relevant appointment. Unless expressly authorised by us in writing, you must not arrange for the Vehicle to be serviced or repaired by any party other than us and our nominated service providers.
    2. If the Vehicle develops a defect or service issue during the Subscription Term, including if a warning light appears, you must not drive the Vehicle. You must promptly notify us and provide us with details of the defect or service issue. We will arrange to have the defect or service issue corrected and endeavour to make a temporary vehicle available to you within twelve (12) hours of you notifying us in this regard.
  11. Loss, Damage and Accidents
    1. We will provide you with a temporary vehicle if you are unable to use your usual Vehicle as a result of any accident or damage to the Vehicle that our insurers deem was not your fault. We will endeavour to make a temporary vehicle available to you within twelve (12) hours of you notifying us of your requirements in this regard. We will select the temporary vehicle at our sole discretion. Whilst we will try and provide you with a temporary vehicle that is similar to your usual Vehicle, we cannot give any assurances as to the type or availability of temporary vehicles.
    2. As between us and you, you will be solely responsible for any and all:
      1. theft, loss and damage to a Vehicle or any items in the Vehicle whilst in your possession or control, including loss of keys, incorrect fuel input, tyre punctures and body scratches and dents; and
      2. damage to property or personal injury or death relating to you or any third party caused by, or arising from the use of, the Vehicle, in each case, irrespective of the cause of the theft, loss or damage, provided that at all times we will remain liable for any theft, loss or damage caused by our negligence or failure to perform our obligations under this Agreement.
    3. You agree to notify us, either by phone or through our mobile app, as soon as you become aware of any defect in or theft, loss of or damage to the Vehicle, any damage to property, or personal injury involving the Vehicle and to comply with our instructions (and/or the instructions of the insurers of the Vehicle) in relation to such occurrences.
    4. In the event of an accident involving the Vehicle, you must not admit (and must ensure that no Named Driver admits) responsibility or attempt to negotiate with third parties. You and the Named Driver (as applicable) must follow our accident procedure detailed in our customer app (Home > Account > Report accident or issue) (including obtaining the name, contact details and insurance details of involved third parties) and report the incident to us as soon as is practically possible and, in any event, no later than twenty-four (24) hours after the incident.
    5. You agree to indemnify and hold harmless Pivotal and its affiliates from and against any and all loss, cost, damage, expense, claim or proceedings suffered or incurred by them as a result of or in connection with any third party claim made against Pivotal or its affiliates as a result or in connection with any damage to property or personal injury to any person caused by, or relating to the use of, the Vehicle whilst in your possession of control, irrespective of the cause of the loss or damage, or who caused the loss or damage.
  12. Insurance
    1. We will provide fully comprehensive insurance for use of the Vehicle by up to two (2) Named Drivers in accordance with the terms of this Agreement, subject to the excesses stated in the charges schedule at See www.drivepivotal.com/charges-schedule, and various exclusions and limits. See insurance eligibility and key terms at www.drivepivotal.com/key-insurance-terms.
    2. You may allow Additional Drivers to drive the Vehicle, provided that they are covered by their own fully comprehensive insurance for driving the Vehicle. You will remain responsible for any Additional Driver’s use of the Vehicle.
    3. You (and Named Driver(s) if relevant) must provide all reasonable cooperation and assistance to us and our insurer as to the conduct of any claim.
  13. Liability
    1. Nothing in this Agreement excludes our liability to you for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for anything else that cannot be limited or excluded by law.
    2. Except in respect of our liability under section 13.1,
      1. our maximum aggregate liability to you in respect of this Agreement is the greater of (i) the amounts you have paid to us in the 12 months prior to the date of your claim; and (ii) the amount we can recover from our insurer in respect of our liability; and
      2. we shall not be liable to you for:
        1. indirect or consequential loss or damage, or for any direct or indirect loss of profits, business, income or loss of opportunity; or
        2. any loss or damage arising from any failure or delay in performing any or all of our obligations under the Agreement, where such failure is caused, directly or indirectly, by events beyond our reasonable control.
    3. Other than as expressly set out in this Agreement, Pivotal does not make any representations or warranties in respect of the Service, the Website, any Vehicle or the specific functions, reliability, availability of any of them.
  14. Your privacy
    In performing our obligations under this Agreement, we will process your personal data in accordance with our privacy policy at www.drivepivotal.com/privacy-policy (as updated and amended from time to time).
  15. General
    1. Notice: Any notice or other communication given to you in connection with this Agreement may be sent by email at such email address set out in the Subscription Particulars. You may send notice to us in connection with this Agreement by email at [email protected].
    2. Entire Agreement: This Agreement (and the documents referred to in it) contains all of the terms of the Agreement between the parties relating to the matters covered in this Agreement and supersedes any previous Agreement or understanding relating to such matters. Nothing in this Agreement shall operate to limit or exclude any liability for fraudulent misrepresentation.
    3. Assignment, Transfer And Sub-Contracting: You may not transfer or assign any or all of your rights and obligations under this Agreement. We may assign or transfer any or all of our rights and obligations under this Agreement, and may subcontract any of our obligations, in our sole discretion.
    4. Third Parties: Nothing in this Agreement confers any right on any person (other than the parties) pursuant to the Contracts (Rights of Third Parties) Act 1999.
    5. Entire Agreement: This Agreement contains the entire Agreement between the parties with respect to its subject matter.
    6. Severance: If any provision of this Agreement is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of this Agreement will remain in full force and effect and will not in any way be impaired.
    7. Waiver: A waiver of any right, power, privilege or remedy provided by this Agreement must be in writing and may be given subject to any conditions thought fit by the grantor.
    8. Governing Law and Jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
  16. Definitions
    1. In this Agreement, unless the context otherwise requires, the following terms will have the corresponding meanings given below:
      1. Additional Drivers the individuals you allow to drive the Vehicle, who are not Named Drivers and are not covered by our insurance
      2. Excess Mileage Fee the fee payable by you at the end if you exceed the Mileage Allowance, as set out in the charges schedule at See www.drivepivotal.com/charges-schedule.
      3. Joining Fee the fee described as such in the Subscription Particulars
      4. Mileage Allowance the maximum number of miles you may drive the Vehicle during the Subscription Term before incurring an Excess Mileage Fee, which shall be 18,000 miles per year of the Subscription Term (or pro-rated portion thereof)
      5. Minimum Contract Amount means the Subscription Fees for the Minimum Contract Period
      6. Minimum Contract Period ninety (90) days from the Vehicle Delivery Date
      7. Named Drivers the individuals who are permitted to drive the Vehicle under our insurance, as set out in the Subscription Particulars
      8. Subscription your subscription to the Service
      9. Subscription Fee the fee for the Subscription Services, as set out in the Subscription Particulars
      10. Subscription Particulars the particulars of your Subscription under this Agreement
      11. Subscription Services the vehicle subscription services to be provided by Pivotal to the Subscriber under this Agreement
      12. Subscription Term the period in which your Subscription is in force, as determined by the terms of this Agreement
      13. VAT any value added tax chargeable by virtue of any enactment in a country introduced by reason of the sixth council directive 77/388/EC, VAT directive 2006/112/EC or its predecessors or similar subsequent legislation or any similar tax applicable in any other jurisdictions
      14. Vehicle the vehicle within your Subscription tier that is designated for your use from time to time, subject to the terms of this Agreement
      15. Vehicle Condition Report a report which identifies any known defects in the Vehicle
      16. Vehicle Delivery Date the date we deliver the Vehicle to you in accordance with section 6.1