Nebula Systems Ltd General Terms of Use

These terms govern your use of our website or services such as MECH5.COM (collectively, “Services”) and software that we include as part of the Services, including any applications, Content Files (defined below), downloadable content, scripts, instruction sets, and any related documentation (collectively “Software”). By using the Services or Software, you agree to these terms. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement supersedes where it conflicts with these terms. 

  1. How this Agreement Works.

1.1 Relationship: Your relationship is with Nebula Systems Limited (“Nebula Systems”), incorporated and registered in England and Wales with company number 08509893 whose registered office is at RAC House, Brockhurst Crescent, Walsall, West Midlands, England, WS5 4AW (Licensor).

The Services and Software shall be governed by the law of England and Wales. You may have additional rights under the law. We do not seek to limit those rights to the extent prohibited by law.

1.2 Eligibility. You may only use the Services if you are (a) over 18 years old and (b) allowed by law to enter into a binding contract.

1.3 Privacy. Your data will be treated as confidential, in accordance with the regulations for the protection of the privacy of personal data. You can ask for information on data relating to your person and can, if necessary, request that the data be corrected, deleted or blocked.

1.4 Availability. Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.

1.5 Order of Precedence. If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Service or Software.

1.6 Modification. We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change.

  1. Use of Service.

2.1 License. Subject to your compliance with these terms and the law, you may access and use the Services.

2.2 Nebula Systems Ltd Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms.

2.3 Required Skills and Expertise. The Software, Services and Information provided serves to ensure professional-quality maintenance and repair work on unmodified vehicles. To be able to carry out the aforementioned work, it is essential that the worker in question has completed his/her vocational training as a motor mechanic/fitter and has undergone regular further training. Where special instructions and tools are required, the use of these is essential for the safety of everyone involved and to ensure the quality of the works carried out.

2.4 Reasonable Usage. We may create reasonable technical limits on your content, such as limits on numbers of vehicles scanned per day, health report requests, and other technical limits. We may suspend your access to the Services until you are within the usage limits associated with your account.

2.5 Vehicle Testing. The Services are only intended for use for testing vehicles that are motionless. Use of the Services with vehicles that are moving is not recommended, and will void any warranty or right to claims. Any tests that require a vehicle to have its driven wheels in motion, should be done on a professional rolling road.

2.6 User-Generated Content. We may host user-generated content from our users, such as that within MECHNET. While we will do our best effort to filter offensive content, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content. If available, you may also click on the “Report” button to report the content to us.

2.7 Other License Types.

(a) BETA Version. We may designate the Software or Services as “Beta”, “trial”, “demo”, “evaluation” or other similar designation (“BETA Version”). You may use the BETA Version only during the period and only for the purposes that we have stated when we provide the BETA Version.

(b) A BETA Version of the Software, Services (or sections of them) is a pre-release (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. Your sole usage of the Software or Services in their BETA Version means you understand and accept the aforementioned. Users may be invited to provide feedback while using Pre-release Versions of the Software or Services.

  1. Your Content.

3.1 Ownership. You retain all rights and ownership of your content. We do not claim any ownership rights to your content.

3.2 Licenses to Your Content in Order to Operate the Services. We require certain licenses from you to your content to operate and enable the Services. When you use our Services you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to improve the Software or Service, for example), publicly perform, and translate the content as needed. This license is only for the purpose of operating or improving the Services.

3.3 Our Access. We will not access or view any of your content, except as reasonably necessary to perform the Services. Actions reasonably necessary to perform the Services may include (but are not limited to) (a) responding to support requests; (b) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (c) enforcing these terms.

3.4 Sharing Your Content.

(a) Sharing. Some Services may provide features that allow you to Share your content with other users or to make it public. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services. Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share.

(b) Level of Access. We do not monitor or control what others do with your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. If you do not choose the access level to apply to your content, the system may default to its most permissive setting. It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing or sharing of your content.

(c) Comments. The Software or Services may allow you to comment on content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us.

3.5 Termination of License. You may revoke this license to your content and terminate our rights at any time by removing your content from the Service. However, some copies of your content may be retained as part of our routine backups.

3.6 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

  1. Account Information.

You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.

  1. User Conduct.

5.1 Responsible Use. The Software and Services may provide access to functionality such as posting on MECHNET or requesting help from other users. This will lead to interaction between users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.

5.2 Misuse. You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not:

(a) copy, modify, host, stream, sublicense, or resell the Services, Software, or content.

(b) enable or allow others to use the Service, Software, or content using your account information

(c) use the content or Software included in the Services to construct any kind of database.

(d) access or attempt to access the Services by any means other than the vehicle interfaces recommended by Nebula Systems – currently “MECH5 vci”, “SuperScan 2” & “SuperScan 3” but this list may be subject to change in future.

(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services.

(f) share content or engage in behaviour that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights).

(g) upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, lewd, profane, invasive of another’s privacy, or hateful.

(h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

(i) attempt to disable, impair, or destroy the Services, software, or hardware.

(j) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way).

(k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages.

(l) place advertisement of any products or services in the Services.

(m) use any data mining or similar data gathering and extraction methods in connection with the Services.

(n) violate applicable law.

  1. Fees and Payment.

6.1 Taxes and Third-Party Fees. You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). We are not responsible for these fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. 

6.2 Credit Card Information. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

6.3 Payment. The payment due to Nebula Systems is not outcome-based. There is no entitlement to refund even if the use of the information provided does not bring about the desired result. If users are not happy with the results of using the Services, they may cancel their subscription at any time. The Services will continue to run until the date of expiry of the User subscription. Refunds cannot be paid for any day(s) when the Services are not used, irrespective of the cancelation date. See: https://ec.europa.eu/digital-single-market/code-eu-online-rights

  1. Your Warranty and Indemnification Obligations.

7.1 Warranty. By uploading your content to the Services, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses in these terms.

7.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms.

  1. Disclaimers of Warranties.

8.1 Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected.

8.2 We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system, vehicles, or loss of data that results from the use and access of any Service or Software.

  1. Limitation of Liability.

9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (c) resulting from loss of use, data, or profits, whether or not foreseeable, (d) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (e) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.

9.2 Our total liability in any matter arising out of or related to these terms is limited to GBP £ 50 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.

9.3 The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.

  1. Termination.

10.1 Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

10.2 Termination by Us. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us. Unless stated in Additional Terms, we may at any time terminate these terms (and your access to Services or Software) with you if:

(a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);

(b) you fail to make the timely payment of fees for the Software or the Services, if any;

(c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);

(d) we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or

(e) there has been an extended period of inactivity in your free account.

10.3 Survival. Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice.

  1. Investigations.

11.1 Screening. We do not review all content uploaded to the Services, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behaviour (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted).

11.2 Disclosure. We may access or disclose information about you, or your use of the Services, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.

  1. Export Control Laws.

The Software, Services, content, and your use of the Software, Services, and content, are subject to British and international laws, restrictions, and regulations that may govern the import, export, and use of the Software, Services, and content. You agree to comply with all the laws, restrictions, and regulations.

  1. Dispute Resolution.

13.1 Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Nebula Systems must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.

13.2 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. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness).

13.3 Location. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

13.4 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

13.5 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

  1. Modification.

We may modify these terms or any additional terms that apply to a Service or Software to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms regularly. We will post notice of modifications to these terms in the corresponding Services and Software and make our best effort to communicate users of the changes. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised terms. 

  1. Miscellaneous.

15.1 English Version. The English version of these terms will be the version used when interpreting or construing these terms.

15.2 Notice to Nebula Systems. You may send the notices to us to at the following address:

Nebula Systems Ltd.

Unit 9, Swan Business Centre

Osier Way

Buckingham

MK18 1TB

U.K.

 

15.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means.

15.4 Entire Agreement. These terms constitute the entire agreement between you and Nebula Systems regarding your use of the Services and Software and supersede any prior agreements between you and Nebula Systems relating to the Services.

15.5 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.

15.6 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

15.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.

  1. DMCA.

We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).

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