1. THESE TERMS
- 1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
- 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
- 2.1 Who we are. We are Application Service Digital OÜ, a company registered under company registration number 16224581 and our registered office is Tornimäe tn 5 Kesklinna Linnaosa Tallinn, 10145 Harju Maakond.
- 2.2 How to contact us. You can contact us by emailing our customer service team at email@example.com or by writing to us at our trading address Tornimäe tn 5 Kesklinna Linnaosa Tallinn, 10145 Harju Maakond.
- 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- 2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
- 3.1 How we will accept your order. Our acceptance of your order will take place when you submit your details on our website for the Service and we take payment, at which point a contract will come into existence between you and us.
- 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the service. This might be because the official government website is not available to file your application, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the service.
- 3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- 3.4 Your ability to receive Services. You warrant that:
- 3.4.1 All personal information you provide is to your knowledge accurate and up to date; and
- 3.4.2 Where you choose to file a DVLA application through our website, you are eligible to apply for a driver's licence at the DVLA and that you have complied with all applicable law and legislation.
4. OUR PACKAGE OF SERVICES
- 4.1 Services. We offer a turnkey package of services:
- 4.1.1 unlimited filing of the various DVLA applications as described on our website;
- 4.1.2 first step legal support and 24/7 customer support by email;
- 4.1.3 protection in case of loss of driver's licence where, if you lose your driver's licence, we will allow you to submit an application for a replacement free of charge via our website; and
- 4.1.4 access to good deals related to cars and driving.
- 4.2 When we will provide the Service. Where you are filing a DVLA application on which you wish our assistance, you will enter various details about you that we will require in order to file the application at the DVLA. Once your order has been reviewed, we will prepare the application you selected so that it is ready to be filed at the DVLA. We will normally supply and complete the service immediately after we accept your order and receive your payment.
- 4.3 We are not responsible for delays outside our control. If our fulfilment of the DVLA application assistance is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for fee you have paid for the DVLA application but not received.
- 4.4 Your legal rights if we provide the Service late. You have legal rights if we provide the Service late. You may treat the contract as at an end straight away if, for whatever reason, we fail to give you access to the Service within 1 day of you paying. If you do choose to treat the contract as at an end for late delivery under, you can cancel your order for the application and we will refund the amount you have paid.
- 4.5 What will happen if you do not give required information to us. We need certain information from you so that we can supply the Service to you, for example, your name, address, driving licence details and this will have been stated in the description of the application on our website. If you give us incomplete or incorrect information, we may not be able to provide you the Service properly.
- 4.6 Not affiliated with DVLA. Please note that we are not affiliated with the Driver and Vehicle Licensing Agency (DVLA), the UK Government or any official body. We are a third-party company offering a turnkey package of services including complete online processing and validation service on your application. The Services provided are not mandatory when applying for a driving licence which is available from the official government agency portal, which is the official DVLA website, with which we are not affiliated, for a lower cost or free of charge. The fee charged for our Service is additional to any DVLA fee.
5. YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 6.3 - Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
- 6.1 Minor changes to the service. We may change the Services:
- 6.1.1 to reflect changes in relevant laws and regulatory requirements; and
- 6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.
- 6.2 More significant changes to the Services and these terms. We may withdraw or suspend the Services for whatever reason at any time including deal with technical problems or make changes.
- 6.3 Your rights if we suspend the Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have taken payment for the cost of filing a DVLA application but not provided it to you, we will provide a full refund. If we withdraw the Service, we will give you pro-rata refund for any time you left on the Service.
7. YOUR RIGHTS TO END THE CONTRACT
- 7.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- 7.1.1 If we have not fulfilled the Services properly you may have a legal right to end the contract or for us to re-perform the Services or to get some or all of your money back), see clause 10;
- 7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
- 7.1.3 If you have just changed your mind about the service, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
- 7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 7.2.1 to 7.2.4 below the contract will end immediately and we will refund you in full for any DVLA application which we have not fulfilled. The reasons are:
- 7.2.1 we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 6.2);
- 7.2.2 we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
- 7.2.3 there is a risk that fulfilment of a DVLA application may be significantly delayed because of events outside our control;
- 7.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late, see clause 4.4).
- 7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind and receive a refund. You have 14 days after the day we email you to confirm we have set up your Services account to cancel your account.
- 7.4 When you don't have the right to change your mind. Once we have provided any part of the Services you cannot change your mind, even if the 14-day period is still running.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- 8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- 8.1.1 Email. Email customer services at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- 8.1.2 Online. Complete the on our website.
- 8.2 How we will refund you. Provided we have not already supplied any part of the Services to you, we will refund you the price you paid for the Service, by the method you used for payment.
- 8.3 When your refund will be made. We will make any refunds due to you within 14 days of your telling us you have changed your mind.
9. OUR RIGHTS TO END THE CONTRACT
- 9.1 We may end the contract if you break it. We may end the contract for the Service at any time by writing to you if:
- 9.1.1 the DVLA or any other body ceases to allow us to provide the Service;
- 9.1.2 you die or, by reason of illness or incapacity (whether mental or physical), become incapable of being the holder of a driver's licence for whatever reason;
- 9.1.3 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
- 9.1.4 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service.
- 9.2 We may withdraw the service. We may write to you to let you know that we are going to stop providing the Service.
10. IF THERE IS A PROBLEM WITH THE SERVICE
- 10.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can email us at email@example.com.
- 10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
, the Consumer Rights Act 2015 says:
11. PRICE AND PAYMENT
- 11.1 Where to find the price for the product. We charge a flat fee for the package of Services (which includes VAT) plus the cost of any DVLA applications (for which VAT is not payable) you file through our website (except where it is a replacement covered by under paragraph 4.1.3). We take all reasonable care to ensure that the price of the service advised to you is correct. However please see paragraph 11.3 for what happens if we discover an error in the price of the product you order. Cost of Services.
- 11.2 We will pass on changes in the rate of VAT. As the price of the Service is payable upfront there will be no additional VAT to pay even if the rate of VAT changes afterwards. However, if the rules change meaning VAT must be paid on the DVLA fee, we will inform at the point you make the application and charge you this amount.
- 11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- 11.4 When you must pay and how you must pay. You must pay the full price upfront before we start providing the service. We will provide you with a receipted invoice after you have paid. We accept payment with Visa and Mastercard.
- 11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 12.1 Refund for failure to comply. If we fail to comply with these terms or provide the Service properly, we will refund you the DVLA application fee (if any) and, if this happens within the first 14 days, we will refund you the Service fee too.
- 12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the service as summarised at paragraph 10.2.
- 12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
- 14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 14.2 You may not transfer your rights to someone else. You may not transfer your rights or your obligations under these terms to another person.
- 14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- 14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- 14.6 Intellectual property rights. All intellectual property rights in, arising out of or in connection with the Site and our Services shall be owned by us. You acknowledge that, in respect of any third party intellectual property rights in the Services, your use of intellectual property rights is conditional on us obtaining a written licence from the relevant licensor on such terms as will entitle us to license such rights to you.
- 14.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Last updated: 22 Nov 2021
(Complete and return this form only if you wish to withdraw from the contract)
To: driving-licence-application.co.uk, firstname.lastname@example.org
I hereby give notice that I cancel my contract for the Services ordered on the following date…………
Address of consumer(s):……………………………………………………………………………………………….
Signature of consumer(s) (only if this form is notified on paper),