Terms & Privacy

The application, content and services (‘the App’) ’is owned and operated by Enroute Tech Pty Ltd (ACN 670 736 562) (‘Enroute’ ‘the Supplier’ ‘us’ ‘we’ ‘our’). By using or accessing the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use the App. All Services are accepted and handled in accordance with the conditions below and you, the customer, accepts these conditions by using the Services.

1. Governing law

The Supplier manages the Services from the Supplier’s offices within Australia. These T&C’s are governed by the laws of the State of Victoria. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of Victoria. Use of this App is for residents of Australia, only, and users must be over 18 years of age. The Service is not available for customers under 18 years of age.

2. Revisions to T&C’s

The Supplier may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately. By continuing to use the Service after any revision becomes effective, you agree to be bound by the revised T&C’s.

3. Copyright

The material on this App is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this App including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and the Supplier related companies, affiliates, licensors and licensees.

4. Advertising & Links to Third Party Websites

This App may contain information from or hyperlinks and other pointers to internet websites operated by third parties (‘linked sites’). Such information or websites are not under the control of the Supplier and the Supplier is not responsible for the contents of any such information or website. The Supplier provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Supplier. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services notwithstanding any summary of such information found on this website. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party websites.

5. Personal, non-commercial use

Permission is granted to download and print in hard copy portions of this App solely for the proper and reasonable purposes of:

a. using this App as a shopping resource, provided that you do not modify the App and that the Supplier retain all copyright and other proprietary notices contained in its contents.
b. you must not, without our prior written permission, exploit any of our App materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.

6. Prohibited conduct

You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the App, to reproduce, frame, download, store (in any medium), communicate, show or play in public including by uploading or reposting any of the App’s content to any other site on the world wide web (‘WWW’), adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained in this App or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.

7.Licence to use

7.1 You grant the Supplier an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this App or otherwise provide to the Supplier from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

7.2 You represent and warrant that you are the owner of any such data uploaded into the App from your device and that you have rights to grant us the licence in this clause.

8.User conduct

8.1 You must not upload, post, transmit or otherwise make available through the App any material which:

a. violates or infringes the rights of others (including their privacy and intellectual property rights);
b. is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
c. encourages or engages in conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
d. restricts or inhibits the Supplier or any other user from using the site;
e. affects the functionality or operation of the App or the Supplier’s servers or the functionality or operation of any user's mobile device or computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
f. breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.

8.2 You agree to take responsibility for the safekeeping of your log in details, user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify the Supplier in connection with any such use (whether authorised or unauthorised of your user name or password).

9. Indemnity

9.1 You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties.

9.2 You agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including solicitor fees on a full indemnity basis) arising out of or in connection with:

i. your use of the Services or services or goods obtained by you from your use of our Services; and
ii. our use of your user content.

10. Our Service

10.1 These terms supersede all prior communication and agreements between the Supplier and you.

10.2 The Supplier makes available to you through the App the service of facilitating the scheduling and arrangement of road side assistance services with a network of third party mechanics (‘the Service’).

10.3 The Supplier has a proprietary network of third party mechanics (“the Mechanic”).

10.4 These terms shall apply to the provision of the Service that we agree to provide to you in exchange for payment of the Service by you.

10.5 The Supplier offers the Service through the App available on compatible mobile devices. The Supplier grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable licence to acquire and use the App for the sole purpose of using the Service. Any rights not expressly granted herein, are reserved by us to the fullest extent permitted by law.

10.6 Requesting the Service

You will be able to request the Service through the App (‘Service Request’). The App will direct you on how to request the Service.

10.7 Once you have made the Service Request, the App will locate a Mechanic closest to you. Should your Service request not be clear, the Mechanic may contact you directly to discuss further.

10.8 The Mechanic will then confirm the Service Request through the App, to which payment for the Service by way of a call out fee (‘the call out fee’) will be due and payable immediately.

10.9 The Service is available throughout Australia but only with participating Mechanics.

10.10 User Accounts and Requirements

The Service is only available for use by you if you create and maintain an active account with the Supplier (‘User Account’).

10.11 You may only be allowed to create and use one User Account.

10.12 To be able to create a User Account, you must be at least 18 years of age. The Service is not available for use for those under the age of 18 years old or for those with an account that is temporarily or permanently deactivated.

10.13 To create a User Account, you must provide the Supplier with your full name, address, mobile phone number, date of birth, details of vehicle including make, model, year and registration number, a username, a password and a method of payment for the Service (‘registration information’). You are responsible for ensuring that your registration information is accurate and up to date at all times. Should your registration details be incorrect, this may affect your ability to access the Service and the Supplier will not be liable for any loss or claim whatsoever relating to your inability to access the Service due to your registration information being incorrect.

10.14 It is your responsibility to ensure that your username and password are kept secure. You may not authorise a Third Party person to use your User Account.

10.15 You acknowledge and agree that in using the Service, you will act in a conscientious manner towards the Mechanic and any other party and abide by all applicable laws and not use the Service for an unlawful purpose.

10.16 The Service and your mobile device

To be able to use the Service through the App, you must ensure that your mobile device is able to access the data network. Your mobile network provider may charge certain rates for your access of the App and the Service, and you are responsible for all rates charged by your mobile network provider in conjunction with your use of the App and the Service. The Supplier will not be liable for any loss or claim whatsoever relating to your inability to access the Service or delay of the Service due to your mobile network provider.

10.17 You are responsible for ensuring that your mobile device is compatible with the App for use of the Service. The Supplier will not be liable for any loss or claim whatsoever relating to your inability to access the Service due to your mobile device not being able to support the App.

10.18 Through creating a User Account and using the Service, you agree to be contacted via text message or telephone by the Supplier or the Mechanic for provision of the Service. You may opt out of being contacted by the Supplier or the Mechanic, however, this may affect your access to the Service. The Supplier will not be liable for any loss or claim whatsoever relating to your inability to access the Service due to your decision to opt out of communications from the Supplier or the Mechanic.

10.19 Fees

You agree that by using the Service you understand that the Supplier will charge for the Service by way of a call out fee and any other fees associated with the Service imposed by the Mechanic based on the distance of your vehicle from the Mechanic or the extent of work required on your vehicle by the Mechanic.

10.20 Payment for the Service

We are entitled to charge for the Service Request.

You acknowledge and agree that by using the Service you understand that the Supplier will charge for the Service by way of a call out fee and any other fees associated with the Service imposed by the Mechanic based on the distance of your vehicle from the Mechanic or the extent of work required on your vehicle by the Mechanic.

The Supplier accepts payment by Stripe (‘payment method’). You will be directed to the Stripe website and you will be bound by Stripe’s terms and conditions. The Supplier is not responsible for any data provided by you to Stripe.

10.21 The Supplier will facilitate the payment of the Service between you and the Mechanic, on behalf of the Mechanic, via Stripe. You acknowledge that payment for the Service to the Supplier will be considered as payment made to the Mechanic.

10.22 You are ultimately responsible for providing to the Supplier your correct payment method and ensuring that your payment method has sufficient cleared funds available for payment of the Service once confirmation has been received.

10.23 The Supplier will not be liable for your inability to access the Service or any delays in providing the Service caused as a result of you providing incorrect payment information or as a result of your payment provider not authorising a payment to the Supplier.

10.24 You may cancel your Service Request prior to the Mechanic’s arrival, however you may incur a cancellation fee for the cancellation request and the Supplier reserves their right to charge such a cancellation fee. In the event that you cancel your Service Request, the following terms apply:

a. If you cancel a Service Request within 5 minutes of confirmation of the Service Request, you will not be charged for the Service Request and refund the call out fee.
b. If you cancel a Service Request after 5 minutes but before 10 minutes of confirmation of the Service Request, the Supplier will retain 30% of the call out fee and refund the remainder of the call out fee to you.
c. If you cancel a Service Request after 10 minutes but before 20 minutes of confirmation of the Service Request, the Supplier will retain 60% of the call out fee and refund the remainder of the call out fee to you.
d. If you cancel a Service Request after 20 minutes of confirmation of the Service Request, the Supplier will retain the call out fee and no refund will be provided.

10.25 The Supplier will only provide refunds for payments made for the Service to the extent permitted under the Australian Consumer Law.

10.26 The Supplier reserves their right to revise the amount of the call out fee and any additional fee for the Service from time to time and at their sole discretion.

10.27 In providing the Service, the Supplier will rely solely on the pricing and service information provided by the Mechanic (‘Mechanic Information’). Whilst we use our best endeavours to ensure the accuracy, completeness and timeliness of the Mechanic Information, it may be subject to change and accordingly we do not guarantee and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of any Mechanic Information.

10.28 You acknowledge that we may receive a payment from the Mechanic on account of us providing the technology platform for the purchase of the Service and that you have no rights to any such payment made.

10.29 Promotional Codes

The Supplier may from time to time and at their sole discretion, create promotional codes (‘Promo Code’) for any prospective or current user for User Account credits which may be used in relation to the Service only. You acknowledge and agree that:

a. You will not duplicate, advertise, sell or transfer any Promo Code to any third party or the general public;
b. The Supplier reserves the right to cancel any Promo Code at any time without notice;
c. Any Promo Code may not be transferred for cash; and
d. You must adhere to the specific rules and requirements for each Promo Code. The Supplier reserves their right to withdraw or withhold the Promo Code or any benefit derived from the Promo Code by you or any other user in the event that the Supplier determines that the use or receipt of the Promo Code was fraudulent, in error or in violation of the Promo Code rules and requirements.

11. Your Vehicle

11.1 Once you have made the Service Request, you must stay with your vehicle until the Mechanic arrives, unless it is not safe to do so.

11.2 Should the Mechanic arrive and you are not in attendance at your vehicle, the Mechanic will not be able to provide the Service and you may be liable for any subsequent call out fee incurred by you for any additional Service Request.

12. Price

12.1 Prices displayed on this App are inclusive of GST and displayed in Australian Dollars. Prices and availability of the Service are subject to change without notice.

12.2 The Supplier reserves the right to correct any error in pricing and is not liable in any way for any pricing errors and is not required to honour any pricing errors.

12.3 We will comply with the Australian Consumer Law in relation to refunds but to the extent permitted by law, once payment is made, we do not offer refunds.

13. Disclaimer

13.1 To the extent permitted by law, the Supplier will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to):

a. loss of use, data, or profits, arising out of or in connection with the use, copying, or display of the contents of this App, goods or services supplied by the Supplier or a preferred partner under these T&C’s or a failure or omission on the part of the Supplier to comply with the Supplier obligations under these T&C’s;
b. your acting, or failing to act, on any information contained on or referred to on the App or any linked App or site;
c. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the App and/or any linked site or otherwise purchased by you via or as a result of this App;
d. errors, defects or omissions in the App;
e. delays to, interruptions of or cessation of the services provided on the App or linked sites or otherwise purchased by you on or via the site;
f. defamatory, offensive or illegal conduct of any user of the App, whether caused through negligence of the Supplier, its employees or independent contractors, or through any other cause; or
g. for any other reason permitted by law.

13.2 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a direct or indirect consequence of you accessing this App.

13.3 You agree to accept the full cost of any amount payable to the Mechanic and acknowledge that we are only the technology platform connecting you to the Mechanic.

13.4 By using this App, you agree that the exclusions and limitations of liability set out in these T&C’s are reasonable and necessary.

13.5 You warrant that you are the owner of the vehicle that is the subject of a Service Request or have obtained the consent of the owner of the vehicle to the works the subject of a Service Request.

14. Liability

We exclude liability for your Service Request made on the basis of information included or excluded from this App and any limitation of liability and indemnity provisions in these terms survives termination.

15. Disclaimer of warranty

15.1 The Supplier is providing this App and the Supplier’s contents on an 'as is' basis and use of this App is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this App (including in relation to any products or services) or any linked sites. To the extent permitted by law, including any non-excusable statutory obligations, we will not be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained in this App and the services which may be supplied to you as a result of your use of this App. To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of reliability, suitability, merchantability or fitness for purpose.

15.2 In addition to the preceding sub clause and the terms of the T&C’s, you acknowledge that we hereby disclaim any and all warranties, express or implied, guarantees or representations that:

a. the App or the provider that makes the App available are free of software viruses. It is your responsibility to protect your data whether by virus scanning or other system;
b. the functions contained in any software on the App will operate uninterrupted or error free;
c. errors and defects in the App will be corrected;
d. the information found on the App is complete, true, accurate or non misleading;
e. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the App in any content and/or of any linked sites;
f. information on this App constitutes or is meant to constitute advice of any kind.

15.3 Information provided by us is general in nature and does not take into account your financial or other situation and needs. Before acting on any information contained in this App or otherwise provided by us, you must consider whether any such action is appropriate for you.

15.4 The presence of a Mechanic on our App does not constitute an endorsement by us of the provider, the content of their website or other information provided by them, or the activities they engage in. The Supplier does not guarantee the suitability or safety of the Mechanic and you agree that the entire risk of using the Service is yours only.

16. Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.

17. Termination

Your ability to access the App and/or use the Service from this App may be terminated by the Supplier at any time without notice. All restrictions, licences granted by you and limitations of the Supplier's liability will survive termination and we will not be liable for any costs, losses or damages which you may incur as a direct or indirect result of our termination.

18. Frustration

18.1 In the event of a “force majeure” the Supplier shall be entitled to withhold fulfilling this agreement (without being liable for damages or to extend the time for performance) by a reasonable period of not less than the duration of such “force majeure” without any liability to you.

18.2 “Force majeure” shall include all happenings beyond the Supplier’s control or in consequence of which the Supplier cannot readily execute its performance of the services and without prejudice to the generality of the foregoing the expression shall include all strikes, lockouts, trade disputes, fires, accidents, damage or breakdown of plant and equipment, and/or components involved disabling, or adverse exchange regulations, civil disorders, outbreaks of war or any other event of contingency beyond the Supplier’s absolute control and “force majeure”.

18.3 In the event of a “force majeure” the Supplier or you will not be responsible for any failure to comply with the obligations under these T&Cs borne from the force majeure event and each party will use their best endeavours to rectify any failure under these T&Cs.

19. Privacy

19.1 The Supplier is bound by the National Privacy Principles contained in the Privacy Act 1988 (“Act”) and any applicable state or territory legislation that applies in relation to any personal information collected by it.

19.2 “Personal Information” is defined in the Act as “any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion”.

19.3 Your personal information may include your name, phone numbers, address, email, date of birth and other information you choose to provide or are required to provide for the purposes of dealing with us as a customer, potential customer, supplier, job applicant, stakeholder, contractor or in some other capacity, which may identify you.

19.4 We will collect personal information from you, when you: enter any information on the App, contact us by phone, mail, email or visit our website; make an enquiry about a the Service; enter any competition or special offer.

19.5 Your personal information may also be collected by us from publicly available sources or third parties.

19.6 Should you provide us with personal information about another person, you must obtain their consent and advise them of this policy, prior to giving their information.

We will use your personal information to:

a. answer your questions and to provide you with information regarding services of The Supplier;
b. provide you with customer service;
c. process transactions for the supply and/or delivery of services as requested by you;
d. offer you products and services of The Supplier and/or of our Mechanics or third party organisations offering complimentary products or services which may be of interest to you, unless you advise that you do not wish to receive such further marketing (refer to our opt out option below);
e. meet our legal obligations;
f. manage and resolve any complaints and issues;
g. carry out internal administrative functions;
h. monitor and record phone calls for the purposes of training and customer service;
i. consider job applications for employment with The Wine Loop;
j. market research;
k. other purposes with your consent, whether written, verbal or implied;
l. operate the App, generate content and provide customer support and billing services (including updates and improvements);
m. provide the services requested by you;
n. research, develop and improve our services;
o. to conduct surveys to determine use and satisfaction with our services;
p. to generate statistics in relation to the App;
q. detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our T&Cs, this or other policies;
r. enforce our T & C’s or other policies;
s. verify information for accuracy or completeness (including by way of verification with third parties);
t. combine or aggregate your personal information with information we collect from third parties and use it for the purposes set out this Privacy Policy;
u. contact you at your contact details we have collected, by way of voice call, post, text message or email;
v. aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
w. collect fees, resolve disputes and to identify, test and resolve problems;
x. notify you about the App and updates to the App from time to time; or
y. supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications based on your preferences, and measure and improve our marketing, advertising and promotions based on your ad customisation preferences.

19.8 Your personal information may be used for the purpose of direct marketing to keep you informed about a range of services which may be of interest to you.

19.9 If your phone number is registered on the “Do Not Call Register”, by providing us with your phone number, you consent to receiving phone calls from us and acknowledge and agree that such calls will not constitute unsolicited telemarketing calls under section 11 of the Do Not Call Register Act 2006 (Cth).

19.10 Opt out

At any time you may opt out of receiving any direct preferred partners or third party organisation marketing by contacting our office on (03) 9118 2722. Alternatively:

By emailing us at service@enroute-tech.com.

19.11 Disclosure of your personal information

We will only disclose your personal information to a third party in the following circumstances:

a. If you download our App and/or use our Service (the Service obtains your exact location information so that technicians can arrive quickly at the scene to serve you), we will provide your personal information for the purpose of informing the Mechanic. Your personal information will be collected and managed by the Mechanic. You should read the privacy policy of the Mechanic prior to providing your personal information to us and the Mechanic;
b. To a third party organisation offering complimentary products or services which may be of interest to you, unless you advise that you do not wish to receive such further marketing (refer to our opt out option above);
c. To your representative with your consent, which may be given in writing, verbal or implied from your conduct or as nominated by you as your executor, trustee or legal representative. We will take reasonable steps to ensure that your representative undertakes to protect your privacy;
d. To a third party in a commercial transaction for consideration; and/or
e. To our accountants and legal advisors, service providers, payment systems operator, financial institution, law enforcement agency or government authorities as reasonably required.

19.12 Protection of your personal information

Personal information collected by us will be stored by us in hardcopy and/or electronic form. We take reasonable measures to keep all personal information secure and protected from interference, misuse or loss and from unauthorised access, modification or disclosure and will be restricted to persons properly authorised.

19.13 If we determine that your personal information is no longer needed, we will take reasonable steps to destroy or permanently de-identify that information.

19.14 Access to your personal information

You may request access to your personal information held by us by writing to us at the address stated below. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it, at your expense, as soon as reasonably practicable.

19.15 Access to personal information may be refused in certain circumstances, such as where it would impact the privacy of others, for legal reasons, prejudicial to an enforcement body, reveal commercially sensitive information, pose a risk to the life or safety of an individual or if the request is frivolous or vexatious.

19.16 If you believe that your personal information held by us is incorrect, incomplete, inaccurate or irrelevant, please contact us at service@enroute-tech.com.

19.17 The App

a. Whilst our App operates in a secure environment and is professionally hosted, when using the App you should be aware that no data transmission over the internet can be guaranteed as totally secure. Although we strive to protect your personal information, we do not warrant the security of any information transmitted to it over the internet. Any information transmitted to us over the internet is done so at the risk of the person or organisation transmitting the information.
b. “Cookies” may be collected by our App and used by us to improve our customer service and for statistical and marketing purposes. This information may include your personal information as well as non-personal data such as the server address, domain name, date and time of using the App, pages accessed within the App, , whether you have accessed our App previously and the type of operating system used.

19.18 Complaint or further information required

Any questions about this policy, or any complaint regarding treatment of your privacy by us, should be made in writing to service@enroute-tech.com.

We will respond within 30 days. Any breach of this privacy policy will be investigated and appropriate action will be taken to prevent any further breach.

19.19 Further information on privacy legal requirements can be obtained from the Australian Information Commissioner at www.oaic.gov.au or phone 1300 359 779.

19.20 If you or someone you know wishes to use our App but needs assistance to do so please contact us by phone on (03) 9118 2722 or by emailing us service@enroute-tech.com. We will do our best to make your use of the App easier.

20. General

20.1 Dispute Resolution

Any disputes arising in connection with these terms which cannot be settled by negotiation between the parties or their representatives shall be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner. Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, the Resolution Institute Arbitration Rules.

20.2 No Assignment

You may not, at law or in equity, assign, transfer or otherwise deal with any of your rights or obligations under these terms without the prior written consent of the Supplier.

20.3 Entire Understanding

These terms constitute the entire agreement and understanding between you and the Supplier on everything connected to the subject matter of these terms. These terms supersede any prior agreement or understanding on anything connected with the subject matter. These terms will remain in full force and effect, and the rights and obligations of you and the Supplier in respect of these terms will continue and not merge or extinguish or terminate on completion of any obligation under these terms.

20.4 Waiver

If the Supplier fail to exercise any right given by or under these terms, permits a relaxation or indulgence to either you or does not exercise any right fully or at a given time, this does not constitute a waiver of that right, and the Supplier may still exercise it at a later time. A provision of these terms or a right created under it cannot be waived except in writing and signed by you and the Supplier.