Fair Use Policy

CARVADO

FAIR USE POLICY

Document ID:

CAR-LGL-005

Version:

1.0

Classification:

Public

Status:

Draft for Final Legal Review

Document Owner:

Carvado Membership Team

Effective Date:

[To be completed]

Review Date:

[To be completed]

Last Updated:

[To be completed]

DOCUMENT INFORMATION

This Fair Use Policy forms part of the Carvado Membership Legal Centre.

This document should be read together with the Membership Terms & Conditions.

Where any inconsistency exists between this document and the Membership Terms & Conditions, the Membership Terms & Conditions shall take precedence unless applicable law requires otherwise.

The purpose of this document is to ensure that Membership Benefits remain available, sustainable and enjoyable for all Members whilst protecting Carvado from misuse, abuse and unreasonable commercial exploitation.

CONTENTS

1 Introduction

2 Purpose

3 General Principles

4 Unlimited Services

5 Insurance Review Requests

6 Member Support

7 Digital Resources

8 Referral Programme

9 Commercial Use

10 Abuse of Membership

11 Investigation

12 Fair Resolution

13 Governing Law

14 Version History

Drivers Club and other Carvado Membership programmes are designed to provide genuine long-term value for Members.

Certain Membership Tiers include services described as unlimited or ongoing.

This Policy explains what those descriptions mean in practice.

The objective of this Policy is not to prevent Members from making proper use of their Membership.

Instead, it exists to ensure that Membership Benefits remain sustainable, consistently available and fair for every Member.

This Policy forms part of the Membership Agreement.

Capitalised words used throughout this document have the meanings given within the Membership Terms & Conditions unless expressly defined otherwise.

Carvado wishes every Member to receive a consistently high standard of service.

Where a very small number of Members make excessive or unreasonable use of Membership Benefits, this can negatively affect the experience of other Members.

This Policy therefore seeks to balance generous Membership Benefits with responsible use.

Carvado expects Members to use Membership honestly, reasonably and in good faith.

Similarly, Carvado will apply this Policy fairly, proportionately and using reasonable judgement.

Carvado does not operate arbitrary hidden limits on genuine Membership use.

Membership exists for the personal benefit of the Member.

Membership Benefits should be used by the Member and not for unrelated third parties unless expressly permitted.

Requests submitted through Membership should represent genuine assistance required by the Member.

Repeated unnecessary requests simply because no numerical limit exists are inconsistent with the purpose of Membership.

Carvado aims to build long-term relationships with Members.

Accordingly, Members are encouraged to contact Carvado whenever they genuinely require assistance.

Members should never feel discouraged from asking reasonable questions or making proper use of Membership Benefits.

Where Membership Benefits are described as "unlimited", this means there is no predetermined numerical limit on genuine requests made by the Member for their own personal use.

Unlimited does not mean unlimited staff time regardless of reasonableness, unlimited commercial use or unlimited automated requests.

Where included within the applicable Membership Tier, Members may contact Carvado by telephone whenever genuine Membership assistance is required.

There is no fixed limit on the number of genuine support conversations.

Where included within the Membership Tier, Members may contact Carvado through approved messaging channels whenever genuine assistance is required.

Members are encouraged to use messaging responsibly and to consolidate related questions where reasonably possible.

Where unlimited Insurance Reviews form part of the Membership Tier, Members may request Insurance Reviews for their own legitimate requirements throughout the Membership.

Unlimited Insurance Reviews remain subject to this Policy.

Insurance Review requests should relate to genuine insurance requirements.

Examples include:

• reviewing insurance at renewal;
• reviewing insurance after purchasing another Vehicle;
• reviewing insurance following modifications;
• reviewing insurance following a change of address;
• reviewing insurance after changes in circumstances;
• obtaining updated quotations where a previous quotation has expired.

Examples may include:

• requesting repeated reviews without any material change;
• requesting quotations purely for curiosity hundreds of times;
• requesting reviews for unrelated individuals;
• repeatedly requesting identical work already completed;
• intentionally creating unnecessary administrative work.

These examples are illustrative only.

Support services exist to assist Members whenever assistance is genuinely required.

Members are expected to communicate respectfully with Carvado staff.

Disagreement is entirely acceptable.

Abusive, threatening, discriminatory or intimidating behaviour is not.

Members acknowledge that response times may vary depending upon:

• operational demand;
• Membership Tier;
• complexity;
• public holidays;
• staff availability.

Repeated follow-up messages sent within short periods do not generally accelerate response times.

Membership should not be relied upon for emergency assistance.

Members requiring emergency services should contact the appropriate emergency service provider.

Digital Resources are supplied for the Member's own personal use.

Members must not:

• publish Digital Resources publicly;
• upload resources to file-sharing websites;
• distribute Membership documents commercially;
• reproduce substantial parts of Membership material for business purposes.

Reasonable personal printing and storage are permitted.

Where a Membership Tier includes participation in the Carvado Referral Programme, Members may refer eligible individuals in accordance with the Referral Programme Terms.

Participation in the Referral Programme remains a Membership Benefit and may be amended, suspended or withdrawn in accordance with the Membership Terms & Conditions.

Referral rewards are intended to recognise genuine recommendations made by Members.

Members should only refer individuals who have a legitimate interest in Carvado Membership.

Members must not refer themselves.

Examples include:

• creating multiple Member Accounts;
• using alternative email addresses;
• asking another individual to purchase Membership on their behalf solely to generate referral rewards;
• any arrangement intended to artificially generate referral rewards.

Any referral reward generated through self-referral or attempted self-referral may be cancelled without payment.

Referral rewards become payable only after:

• the referred Membership has been validly purchased;
• the applicable Membership payment has been successfully received by Carvado;
• any verification or fraud checks have been completed;
• the reward has been approved in accordance with the Referral Programme Terms.

Referral rewards are not earned simply because a referral link has been clicked or a Membership application has been started.

Carvado reserves the right to investigate referral activity where unusual, suspicious or fraudulent behaviour is reasonably suspected.

Examples include:

• unusually high referral volumes;
• multiple accounts using similar details;
• repeated self-referral attempts;
• automated referral generation;
• misleading advertising intended to obtain referral rewards.

Membership is intended for personal consumer use.

Unless expressly agreed in writing, Membership must not be used for commercial purposes.

Without prior written permission from Carvado, Members must not:

• operate Membership on behalf of clients;
• provide paid insurance review services using Membership;
• incorporate Membership Benefits into another commercial service;
• resell Membership Benefits;
• operate a business using Carvado resources as the primary service.

Businesses wishing to work with Carvado should contact Carvado directly regarding appropriate commercial arrangements rather than attempting to use consumer Memberships.

Carvado may authorise commercial use in specific circumstances through a separate written agreement.

Any such agreement will override this section only to the extent expressly stated.

Carvado reserves the right to take reasonable action where Membership is used in a manner inconsistent with the Membership Agreement.

The objective of any action taken is to protect the Membership programme for all Members.

Examples of Membership abuse include:

• deliberately submitting false information;
• repeated misuse of Membership Benefits;
• attempting to obtain services outside the purchased Membership Tier;
• abusive conduct towards staff;
• harassment of other Members;
• repeated attempts to circumvent Membership limits;
• misuse of referral rewards;
• sharing account credentials;
• unauthorised commercial exploitation.

The above examples are illustrative only.

Isolated mistakes or misunderstandings will not normally be treated as abuse.

Carvado recognises that genuine Members may occasionally misunderstand how certain Membership Benefits operate.

Where appropriate, Carvado will seek to clarify expectations before taking formal action.

Where Carvado reasonably believes that Membership may have been misused, Carvado may investigate the circumstances.

Investigations will be conducted fairly, proportionately and in good faith.

Members may be asked to provide additional information relevant to the investigation.

Reasonable cooperation assists Carvado in resolving matters promptly.

Whilst an investigation is ongoing, Carvado may temporarily:

• restrict certain Membership Benefits;
• pause referral reward payments;
• delay specific requests;
• suspend access where reasonably necessary.

Any temporary restriction will normally be removed once the matter has been resolved unless further action is justified.

Carvado's preferred approach is always to resolve concerns through discussion wherever reasonably possible.

Most Fair Use concerns arise from misunderstanding rather than intentional misuse.

Where appropriate, Carvado may issue guidance or a warning before taking stronger action.

Warnings may explain:

• the relevant Membership Terms;
• why particular activity appears inconsistent with the Fair Use Policy;
• the changes required to avoid future issues.

Where misuse continues despite reasonable guidance, Carvado may:

• restrict particular Membership Benefits;
• suspend Membership;
• terminate Membership in accordance with the Membership Terms & Conditions;
• refuse future Membership applications where justified.

Any action taken will be proportionate to the seriousness of the circumstances.

Nothing within this Policy prevents genuine Members from making full and proper use of the Membership Benefits included within their Membership Tier.

Carvado encourages Members to use their Membership whenever they genuinely require assistance.

The existence of this Policy should never discourage reasonable use of Membership.

Document:

Fair Use Policy

Document ID:

CAR-LGL-005

Version:

1.0

Classification:

Public

Status:

Draft for Final Legal Review

Effective Date:

[To be completed]

Review Date:

[To be completed]

Last Updated:

[To be completed]

Document Owner:

Carvado Membership Team

Review Cycle:

Annual or earlier where required by changes in legislation, regulation or Membership operations.

Revision History

Version 1.0

Initial publication.

END OF FAIR USE POLICY