Terms & Conditions

Last Updated : 17th March 2022

1. 1. Agreement
      
      1.1. 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” and “Pivotal” shall mean Inmotion Ventures 3 Ltd trading as Pivotal.
      
      1.2. 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. References to these terms and conditions include the documents referred to in them and the terms of our insurers, which we will notify you from time to time. Upon signature of these terms and conditions by you and us, 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.
      
      1.3. We may modify or vary the Service and the terms of an Agreement at any time:
      
      (a) to reflect changes in relevant laws and regulatory requirements, for example, if any UK laws change as a result of Brexit; and
      (b) to implement minor technical adjustments and improvements, for example, to address a security threat.
      
      These changes will not affect your use of the Services.
      
      In addition, as we informed you in the description of the Services on the Website, we may make the following changes to our Agreement or the Services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Services paid for but not received. Your continued use of the Service shall indicate your agreement to be bound by the amended terms.
      
      1.4. We will implement all changes by posting the revised terms and conditions on the Pivotal Website for changes and by emailing you at the email address registered to your Pivotal account.
      
      1.5. If you have any questions regarding this Agreement, please contact us via email at [email protected] or by telephone at +44 (0)20 3960 4833. We will handle any complaints about the Service in accordance with our Complaints Procedure at www.drivepivotal.com/complaints.

1. 1. Term and Termination
      
      2.1. 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.
      
      2.2. You may pause or terminate this Agreement for any reason:
      
      (a) 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;
      (b) at any time during the Minimum Contract Period, but after the Cooling-off Period, by providing us with at least fourteen (14) days’ notice, subject to payment by you of the Minimum Contract Amount, less any Subscription Fees paid to date.
      (c) 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.
      
      2.3. To exercise your right to terminate under section 2.2, you may notify us by emailing us at [email protected] or by phoning +44 (0) 20 3950 4833.
      
      2.4. We may immediately terminate your Subscription by notice to you if:
      
      (a) you fail to comply with the terms of this Agreement, including any failure to make payment of the Subscription Fees when due;
      (b) any of the eligibility conditions referred to in section 3 are or become untrue;
      (c) you, any Named Driver or any Additional Driver withdraw consent for us to process any of your and/or their personal data;
      (d) you, any Named Driver, or any Additional Driver receive endorsements or convictions on his or her driving licence during the Subscription Term which affect your eligibility for a Subscription;
      (e) the Vehicle is used (by any number of drivers) in incurring four (4) or more speeding fines in any six (6) month period;
      (f) you are no longer in possession or control of the Vehicle;
      (g) you become bankrupt or enter into any arrangement or composition with creditors;
      (h) you cause (or allow to be caused) excessive damage to the Vehicle or are consistently in breach of the Fair Wear & Tear Policy;
      (i) you move to an address that is outside of our service area (which is currently Great Britain) (for example, from London to Paris); or
      (j) any information you supplied to us in connection with this Agreement is inaccurate or misleading in any material way.
      
      2.5. Upon expiration, earlier termination, or pausing of this Agreement for any reason:
      
      (a) 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;
      (b) you permit us or our representative at our option to retake possession of the Vehicle without notice and for this purpose may enter any site or any premises at which you, any Named Driver or any Additional Driver are keeping the Vehicle;
      (c) 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;
      (d) 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
      (e) 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.
      
      2.6. Upon the return of a Vehicle, we, or our representative, will carry out a full inspection of the Vehicle in line with our Fair Wear & Tear Policy. You will be responsible for all damage to a Vehicle that is in excess of what is permitted under the Fair Wear & Tear Policy. You will be responsible for all costs we incur to rectify all such damage.
      
      2.7. You will be responsible for any costs incurred relating to the recovery of a Vehicle due to termination of the Agreement, including as set out in the Charges Schedule at www.drivepivotal.com/charges-schedule.
      
      2.8. The sections titled “Definitions,” “Liability,” “Termination,” and “General” shall survive any termination or expiration of this Agreement.

1. 1. Service Eligibility
      
      3.1. We determine your eligibility and suitability to subscribe to the Service, and the eligibility of the Named Drivers to drive the Vehicle, using the information you submitted to us in your Subscription application. As part of your application, we will carry out eligibility, identity, driving licence and affordability checks on you and any Named Driver via our authorised third parties. For further information, please refer to our privacy policy at www.drivepivotal.com/privacy-policy.
      
      3.2. To be eligible for a Subscription either under our insurance or for self insurance, you and any Named Driver must meet the following minimum criteria:
      
      (a) Be over 28 years of age;
      (b) Have proof of no insurance claims for a minimum of two (2) years;
      (c) No previous motor insurance cancelled or declined;
      (d) Have held a full UK or EU Driving Licence for at least two (2) years;
      (e) Have no more than 6 points arising out of minor convictions on your driving licence;
      (f) Have no major convictions endorsed on your driving licence;
      (g) Not have any unspent motoring convictions;
      (h) No associated County Court Judgements (CCJ’s); and
      (i) Meet our affordability criteria/checks.
      
      3.3. We or our insurers may impose additional criteria for a Subscription from time to time, so your application may not be accepted even if you satisfy the above criteria.
      
      3.4. You must notify us immediately if any of the information you or your Named Driver have submitted is incorrect, misleading or changes during the Subscription Term. In particular, you must notify us if your address changes, if you or 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.
      
      3.5. By providing us with the required information to assess your eligibility for a Subscription, you automatically give us permission during the Subscription Term, to periodically and as we deem necessary, carry out these checks as required to assess your continued and ongoing eligibility for a Subscription, against our defined criteria.
      
      3.6. 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.
      
      3.7. We reserve the right to refuse anyone access to join the Service who does not meet our eligibility, suitability or affordability criteria.
      
      3.8. We reserve the right to carry out all relevant checks at any time during your Subscription to validate your continued eligibility for the Service.

4. 4. Subscription
      
      4.1. In consideration of your payment of the Joining Fee and Subscription Fee, we will grant you access to the Service in accordance with the terms of this Agreement.
      
      4.2. 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. 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 or if doing so would not meet our eligibility requirements. 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 www.drivepivotal.com/charges-schedule.
      
      4.3. 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 a Vehicle will be available to you.
      
      4.4. 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.
      
      4.5. 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.

4. 4. Fees and Charges
      
      5.1. The initial Subscription Fee and Joining Fee will be payable no later than two business days before the Vehicle Delivery Date.
      
      5.2. All recurring Vehicle Payment Fees are payable via direct debit, monthly in advance. Your Subscription Service invoice will be issued to the main account holder on the 1st of each month, and you are obliged to pay the Vehicle Payment Fees for the Vehicle by the due date highlighted on the invoice each month.
      
      5.3. Your Subscription entitles you to a Mileage Allowance. You agree to pay the applicable Excess Mileage Fee as outlined in the charges schedule at www.drivepivotal.com/charges-schedule at the end of the Subscription Term for each Vehicle, in each case if you exceed the Mileage Allowance.
      
      5.4. 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 use reasonable endeavours to forward such notice to you within twenty (20) days of our receipt of such notice. You agree to pay all applicable administration fees as set out in the charges schedule at www.drivepivotal.com/charges-schedule in the processing of such fines and charges.
      
      5.5. You will also be responsible for other fees and charges incurred in connection with your use or possession of the Vehicle, including:
      
      (a) the applicable fees and charges set out in the charges schedule www.drivepivotal.com/charges-schedule
      (b) 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
      (c) 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
      (d) any loss or damage to the Vehicle and any related items (including keys and Vehicle manuals), subject to reasonable wear and tear and as defined in our Fair Wear & Tear Policy.
      
      5.6. Please also refer to section 11 which explains your liability for any loss, damage or theft involving the Vehicle.
      
      5.7. 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.
      
      5.8. 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 another payment method that is acceptable to us. You must notify us immediately if your credit or debit card details change during the Subscription Term.
      
      5.9. You acknowledge that all outstanding amounts that we cannot recover from you through these normal channels of payment, will be passed to our debt recovery partner for collection through the courts.
      
      5.10. 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, it is your responsibility to inform us of this application. In doing so, 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 Minimum Contract Amount, Minimum Contract Period to up to twelve (12) months and Subscription Term to meet this criteria at your request. If you apply for an OLEV grant and fail to notify us in accordance with the requirements of this clause 5.10, we may charge you for any loss incurred by us as a result of your application.
      
      5.11. When pausing or cancelling your subscription, you will be charged a full month of subscription costs at your associated tier, with a prorated refund issued within 30 days of the return of your vehicle with any additional charges deducted.

4. 4. Delivery and Handover of Vehicle
      
      6.1. We will deliver your Vehicle only to the address specified in the Vehicle Particulars. We will use reasonable endeavours to deliver the Vehicle on the date specified in the Vehicle Particulars and subject to the vehicle passing all final safety and quality checks, but if we are unable to deliver on the agreed date, we will arrange an alternative date with you.
      
      6.2. We will use reasonable endeavours to deliver the Vehicle to you with at least one quarter (¼) tank of fuel or if an EV (Electric Vehicle) 30% charge in all material respects.
      
      6.3. Your Vehicle will be supplied with one key. Where available, the spare key will be retained and stored at our preparation and logistics centre and will only be used in the event of the originally supplied key being lost or stolen, or in the event that we need to recover the Vehicle.
      
      6.4. The type of Vehicle we deliver to you will be determined by the tier you nominated for your Subscription.
      
      6.5. The Vehicle provided to you will be new or, depending on new car availability, 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.
      
      6.6. It is your responsibility on delivery of the Vehicle to you, that you must inspect the Vehicle and notify us of any defects with the Vehicle not already recorded in the Vehicle Condition Report. If you do not notify us of any additional defects, the 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 and any subsequent alterations or additions will not be accepted.
      
      6.7. At handover, you must provide proof of your identity to our representative or we will be unable to deliver the Vehicle to you.

7. 7. Your Use of the Vehicle
      
      7.1. 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.
      
      7.2. 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. You may not allow Additional Drivers to drive the Vehicle. You agree that you will remain responsible for any person’s use of the Vehicle as though you were using the Vehicle.
      
      7.3. You must check tyre condition periodically, inflate the tyres if low, and report low tread levels to us.
      
      7.4. You must take all 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 or system which is fitted or supplied with the Vehicle.
      
      7.5. You agree to assist us in applying any additional security measures to our vehicles as required or notified by us to you.
      
      7.6. You must not:
      
      (a) 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;
      (b) modify or work on, or attach or affix anything to the Vehicle without our written consent;
      (c) use the Vehicle to provide a courier, taxi or delivery service,
      (d) allow any person to drive the Vehicle, except for Named Drivers;
      (e) use the Vehicle to transport any hazardous, toxic, flammable, corrosive, radioactive, harmful, dangerous or illegal materials;
      (f) use the Vehicle for any illegal purpose;
      (g) use the Vehicle off-road, or for racing, pace making, testing the Vehicle’s reliability and speed, or teaching someone to drive;
      (h) smoke in the Vehicle;
      (i) use the Vehicle under the influence of alcohol or drugs;
      (j) operate the Vehicle otherwise than in accordance with the Vehicle manual; or
      (k) use the Vehicle outside of the United Kingdom without our prior written approval.
      
      7.7. If you wish to drive the Vehicle outside of the United Kingdom, you must notify us at least fourteen (14) days prior to your travel date to seek our written approval before doing so. Unless you have received our written approval, the Vehicle must remain in Great Britain. Once approved, we will issue you with all relevant documentation required to prove your eligibility to drive the Vehicle with a maximum limit of 30 consecutive days for travel in the EU. You will also be required to return to the UK no later than 14 days before any scheduled Vehicle return or exchange date as detailed in our Subscription Particulars.
      
      7.8. 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 inspect the Vehicle.
      
      7.9. You are required to create a Jaguar Land Rover InControl account (https://incontrol.landrover.com/jlr-portal-owner-web/login), link the Vehicle to your account and activate the relevant features and settings within the 2 working days leading up to the delivery of your Pivotal vehicle and as directed by us from time to time.  This feature is included to enable us to prevent and detect crime, protect the Vehicle and use GPS to track the Vehicle. By entering into this agreement, you consent to Jaguar Land Rover Limited sharing your personal data and that of any driver using the Vehicle that is collected via InControl with us, including for the purpose of the prevention and detection of crime and the protection of the Vehicle, as well as using such data to deliver enhanced services to you.
      
      In addition, 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 and any Named 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.
      
      Failure to complete the Jaguar and Land Rover InControl Account setup prior to the vehicle delivery, may result in the vehicle not being delivered to you, or collected by us as required.

7. 7. Updating a Vehicle
      
      8.1. You may request to update the Vehicle from time to time following the Minimum Commitment Period, but more than one update in any six (6) month period shall incur an additional fee specified in the charges schedule at www.drivepivotal.com/charges-schedule. Any request to update your Vehicle will be subject to our approval and fleet availability. Each updated vehicle will be subject to the process for delivery and handover set out in section 6 and, once that process is complete, the updated vehicle will become the Vehicle for the purpose of this Agreement. Your original Vehicle will be returned in accordance with the process set out in section 9.
      
      8.2. We may at our sole discretion update 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.

7. 7. Returning a Vehicle
      
      9.1. You must return each Vehicle and any related items (including keys and all vehicle ancillary items) to us in the same condition in which they were delivered to you, subject to the Fair Wear & Tear Policy and empty of your possessions. We will inspect the Vehicle and such items upon their return and notify you within twenty-eight (28) days following the inspection of any defects or loss for which you are responsible and in accordance with our Fair Wear & Tear Policy. If you are not present during the inspection, our assessment of such defects and loss will be final.
      
      9.2. You agree to return the Vehicle in a clean state and with at least one quarter (¼) tank of fuel or if an EV (Electric Vehicle) 30% charge. This is a requirement to enable our collection agent to complete an inspection and return the Vehicle to our depot. Failure to ensure that the vehicle is in an acceptable condition to enable the collection inspection to be completed, may result in the inspection being logged as an instant fail and as such you will automatically waive any rights to damage found by our trained technicians during inspection at our preparation centre and as a result, you will be liable for all costs identified. This includes failures of non-completion at inspection due to the cleanliness of the Vehicle.
      
      9.3. When the Vehicle is returned to us (whether as a result of a substitution, termination 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 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.
      
      9.4. If the Vehicle is not returned to us within seven (7) days following the end of the Subscription Term, we may repossess the Vehicle, including in accordance with Section 2.5(b), 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. 10. Vehicle Servicing
        
        10.1. We will use reasonable endeavours to ensure that when your Vehicle arrives it will not need servicing within the Minimum Term. If however any routine servicing or maintenance of the Vehicle is required during the Subscription Term, you will provide us with reasonable notice (and in any event no less than seven (7) business days’ notice) of your Vehicle’s scheduled service and maintenance appointments/requirements. Under these circumstances, the Pivotal team will support you in coordinating the most appropriate and convenient solution in repairing/servicing the vehicle or providing a suitable alternative where appropriate. 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.
        
        10.2. If the Vehicle develops a defect or service issue during the Subscription Term, in the first instance you must contact your local Jaguar or Land Rover dealer to affect the required repair. If a red warning light appears, or the vehicle defect means that you are in imminent danger, or the Vehicle fails to proceed, in this instance, you must not drive the Vehicle and contact Jaguar or Land Rover assistance immediately. In both cases, an alternative vehicle will be provided by the Jaguar and Land Rover assistance team. However, you are obliged to promptly notify us and provide us with details of the defect or service issue.
        
        10.3. If the Vehicle cannot be repaired or recovered, or you are left without a vehicle, we will support you to either have the defect or service issue corrected or endeavour to make a temporary vehicle available to you within three working days of you notifying us in this regard.
        
        10.4. During this period and until you are either back in your Vehicle, or a suitable Pivotal alternative vehicle is sourced, you remain liable for all ongoing Subscription Fees.

10. 10. Loss, Damage and Accidents
        
        11.1. Either we or our insurance provider will provide you with a temporary vehicle if you are unable to use your Vehicle as a result of any accident or damage to the Vehicle that our insurers deem was not your fault. We will use reasonable endeavours to make a temporary vehicle available to you within twenty-four (24) 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.
        
        11.2. If the accident, damage or loss was deemed to be your fault, we reserve the right to not provide you with a temporary replacement vehicle.
        
        11.3. As between us and you, you will be solely responsible for any and all:
        
        (a) theft, loss and damage to a Vehicle or any items in the Vehicle whilst in your possession or control and as a result of negligence, including but not limited to, failing to properly secure the Vehicle, loss of keys, incorrect fuel input, tyre punctures and body scratches and dents; and
        (b) 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 and not covered under our/your insurance policy,
        
        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.
        
        11.4. As detailed in section 6.3, on delivery of your Vehicle, you will only be provided with one key to the Vehicle with the spare key being securely held with us. In the event of the master key being lost, we will collect your Vehicle and provide you with a temporary vehicle. Your Vehicle will be returned to us, where a new key module will be fitted and two (2) new keys programmed. On completion of this process, your Vehicle will be returned to you, again only with the master key and the spare being securely held by us. You will be liable for both the costs of the parts and labour for such works and the cost of all vehicle movements should this occur in accordance with our charges schedule (See www.drivepivotal.com/charges-schedule). However, when using Pivotal insurance, we offer a zero-excess limit of £1,000 for any lost vehicle keys. You will be required to cover the cost of any associated costs and subsequently recover those costs through the normal insurance claim route.
        
        11.5. You agree to notify us 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. In all cases of insurance claim, breakdown, windscreen damage or tyre failure, you are obliged to refer to our information pages for whom to contact in the first instance.
        
        11.6. 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 report the incident to us as soon as is practically possible and, in any event, no later than one working day after the incident.
        
        11.7. 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 or control, irrespective of the cause of the loss or damage, or who caused the loss or damage.
        
        11.8. In accordance with Section 10.1, unless expressly authorised by us in writing, you must not arrange for the Vehicle to be repaired by any party other than us and our nominated service providers. If a repair is carried out by an unauthorised party, we reserve the right to charge you for the cost of having the repair reperformed by our nominated service provider.

10. 10. Insurance
        
        12.1. If eligible, we will provide you with fully comprehensive insurance, for use of the Vehicle for up to two (2) Named Drivers in accordance with the terms of this Agreement, subject to the excesses stated in the charges schedule at www.drivepivotal.com/charges-schedule, and various exclusions and limits.
        
        12.2. At the time of vehicle allocation, we will offer you the option of adding an excess waiver to your vehicle subscription, with an additional recurring monthly fee. This excess waiver, in the event of an accident insurance claim or windscreen claim, will reduce the excess for accidents of £1000 and on windscreens of £250 to zero (£0) for both. This excess waiver will only be valid and chargeable whilst in a Pivotal vehicle or until such time as your vehicle is returned or subscription ends.
        
        12.3. If the Vehicle is returned to Pivotal with any damage, then you will be liable for the full cost of repair through our fair wear and tear policy regardless of any outstanding insurance claim.
        
        12.4. 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.
        
        12.5. You are responsible for ensuring that your Vehicle is secured at all times when not in use, which includes checking that wing mirrors are folded and lights flash following locking and before leaving the Vehicle. Failing to comply with our security requirements may result in you being liable for the value of the Vehicle in the event of its theft.
        
        12.6. In the event of your Vehicle either being written off or being stolen, we reserve the right to refuse you insurance cover for future subscription vehicles and as a result, may ask you to provide your own fully comprehensive insurance for vehicles provided to you under the Subscription.

13. 13. Liability
        
        13.1. 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. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
        
        13.2. Except in respect of our liability under section 13.1,
        
        (a) 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
        
        (b) we shall not be liable to you for:
        
        (i) indirect or consequential loss or damage, or for any direct or indirect loss of profits, business, income or loss of opportunity;
        (ii) 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;
        (iii) any liability arising from the use of the Service for any non-permitted use; or
        (iv) any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
        
        13.3. 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.

13. 13. 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).

13. 13. General
        
        15.1. 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].
        
        15.2. 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.
        
        15.3. 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, at our sole discretion.
        
        15.4. 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.
        
        15.5. Entire Agreement: This Agreement contains the entire Agreement between the parties with respect to its subject matter.
        
        15.6. 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.
        
        15.7. 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.
        
        15.8. 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) unless you live in Scotland, in which case you may bring legal proceedings in respect of this Agreement in either the Scottish or the English courts.

13. 13. Definitions
        
        16.1. In this Agreement, unless the context otherwise requires, the following terms will have the corresponding meanings given below:
        
        Additional Drivers – any individuals who are not Named Drivers and are not covered by our insurance.
        
        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 www.drivepivotal.com/charges-schedule.
        
        Fair Wear & Tear Policy – Our Fair Wear & Tear Policy which incorporates the British Vehicle Rental and Leasing Association Fair Wear & Tear Standard and is available at https://issuu.com/bfwsn67/docs/pivotal_-_cars_subscription?fr=sOWRlMzI4NTE1.
        
        Joining Fee – the fee described as such in the Subscription Particulars.
        
        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).
        
        Minimum Contract Amount – three (3) months payments of your chosen subscription tier, plus the Joining Fee.
        
        Minimum Contract Period – three (3) calendar months from date of Vehicle Delivery.
        
        Named Drivers – the individuals who are permitted to drive the Vehicle under our insurance, as set out in the Subscription Particulars.
        
        Subscription – your subscription to the Service.
        
        Subscription Fee – the fee for the Subscription Services, as set out in the Subscription Particulars.
        
        Subscription Particulars – the particulars of your Subscription vehicle under this Agreement.
        
        Subscription Services – the vehicle subscription services to be provided by Pivotal to you under this Agreement.
        
        Subscription Term – the period in which your Subscription is in force, as determined by the terms of this Agreement.
        
        VAT – value added tax or any equivalent tax chargeable in the UK.
        
        Vehicle – the vehicle within your Subscription tier that is designated for your use from time to time, subject to the terms of this Agreement.
        
        Vehicle Condition Report – a report which identifies any known defects in the Vehicle.
        
        Vehicle Delivery Date – the date we deliver the Vehicle to you in accordance with section 6.1.