Garage Advisor Terms and Conditions

1.  Introduction

   1. This website is owned and operated by Garage Advisor Limited (“the Supplier”). We are registered in the UK (technically “England & Wales”) under number 07746290. Our registered office is at office 11, 10 Great Russell Street, London, WC1B 3BQ. Our other contact details are specified on our website.

2. Please read these terms and conditions carefully. They cancel and replace any previous versions. They apply to Advertisers who register on or use our Service.

3. The person who agrees to these terms and conditions warrants that he/she has authority to act on behalf of any entity specified by that person as the Advertiser.

    

2.  Definitions

   1. The following terms shall have the following meanings:

       

Advertiser	a person who places a Listing on our Service
Advertiser Branding	all Advertiser trading names, trade marks, service marks, logos and devices
Advertiser Materials	all Data including Advertiser Branding provided by the Advertiser to the Supplier for use in connection with the Service
Applicable Laws	all applicable laws, regulations and codes of conduct
Customers	persons who use the Service
Customer Data	Personal Data relating to Customers which is collected via the Service
Data	text, content, graphics, images, software, data and other materials in whatever format
Intellectual Property Rights	worldwide copyright, design rights, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets, logos and devices, trade and service marks (whether registered or unregistered) and any applications therefor and all rights in confidential information;
Listing	all listings, advertisements and promotions on the Website referring to the Advertiser’s goods and/or services
Personal Data	as defined in the Data Protection Act 1998
Quote Service	the part of the Service whereby Advertisers are given an opportunity to respond to quote requests by Customers
Service	the services offered on the Supplier’s website and any related software and services
Start Date	as specified in the Order Form
in Writing	all forms of visible reproduction in permanent form (including electronic messages unless otherwise stated)

2. Words in the singular include the plural and vice versa. References to a “person” shall include any individual, firm, unincorporated association or body corporate. Any reference in this agreement to any provision of a statute shall be construed as a reference to that provision, as amended, re-enacted or extended at the relevant time. The word “including”, unless the context otherwise requires, shall mean “including without limitation”. The headings in this agreement are for convenience only and shall not affect its interpretation.

    

3.  Changes to Terms and Conditions

   1.  

      The Supplier may change these terms and conditions by posting the revised version on its website for 21 days before they become effective. The Advertiser agrees to check the website from time to time. The Advertiser will be bound by the revised agreement if it continues to use the Service following the effective date shown.

       

4. The Listing

   1. The Advertiser must provide the Advertiser Materials in the format specified by the Supplier.

       

2. The Advertiser is responsible for the content of its Listing. The Advertiser agrees to ensure that the Listing and Advertiser Materials are accurate and up to date, that they are not misleading, that they7 comply with all Applicable Laws, that they do not infringe any third party intellectual property or other rights, and that they are not defamatory offensive, vulgar, racist, abusive, invasive of another’s privacy or otherwise inappropriate.

    

3. The Supplier reserves the right in its discretion without notice to edit the text or layout of the Listing or to locate or relocate the Listing on the Service where the Supplier thinks fit (provided that the Advertiser achieves the prominence which is broadly equivalent to that offered for the particular package).

    

5.  The Quote Service

   1.  

      This section of the terms and conditions applies to Advertisers who participate in the Quote Service.

       

2. The Advertiser acknowledges that the Customer’s quote request will be provided to the Advertiser only if the quote request meets criteria determined by the Supplier in its absolute discretion and that the quote will also be sent to other advertisers on the Service who meet the Supplier’s criteria.

    

3. The Advertiser acknowledges that the Customer can withdraw its quote request and/or decide to proceed with a third party quote at any time and that, if it wishes to quote, it is the responsibility of the Advertiser to respond to the quote request promptly and in any event within any time limit specified by the Supplier on the Service.

    

4. If the Advertiser requires more information concerning the quote request, it must make its request for information only by the means specified by the Supplier.

    

5. If the Advertiser does respond to the quote request, it is the Advertiser’s responsibility to ensure that the quote is made subject to any conditions that the Advertiser may wish to impose such as inspection of vehicle or incorporation of standard terms and conditions.

6. It is for the Advertiser and Customer to determine if and when they wish to enter into a binding contract on the basis of the quote and, if so, on what terms. This is not the responsibility of the Supplier.

6.  The Service Generally

   1. The Supplier does not guarantee that the Service (including transmission of enquiries to the Advertiser) will be error-free. The Supplier will use reasonable endeavours to procure that any errors of which it becomes aware are corrected as soon as reasonably practicable.

2. The Supplier is entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason. If so, the Supplier will use reasonable endeavours to ensure that the suspension takes place at a time when the Service is least likely to be used and that the suspension is for the shortest period possible.

3. The Supplier does not guarantee to the Advertiser any particular level of enquiries, customers or revenues.

4. The Advertiser acknowledges that the Service may include Customer reviews or other comments. The Supplier is not liable for false or misleading statements or otherwise in connection with reviews.

    

5. The Advertiser shall deal with Customers with a high degree of professionalism and in accordance with Applicable Laws and with the highest industry standards.

    

6. The Advertiser:

    

   1. shall provide reasonable co-operation to the Supplier in supplying the Service and shall comply with the Supplier’s reasonable requirements;

   2. shall promptly provide the Supplier with such information and documents as it may reasonably request for the proper performance of the Service; and

       

   3. shall not take any step which may interfere with or obstruct the proper performance of the Service.

       

7. The Advertiser shall not in connection with the Service breach any Applicable Laws or infringe any third party rights.

    

8. The Advertiser must ensure that all contact and payment information provided by the Advertiser is accurate and that the Advertiser will update it so that it remains so.

9. The Advertiser’s online account for use of the Service is for the Advertiser’s personal use only and is non-transferable. The Advertiser must not authorise or permit any other person to use its account. The Advertiser must take reasonable care to protect and keep confidential its password and other account or identity information. The Advertiser must notify the Supplier immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. The Advertiser is responsible for third parties who use its account or identity (unless and to the extent that the Supplier is at fault).

    

10. The Advertiser is responsible for making its own backup of Advertiser Materials. The Supplier is not responsible for any loss of or damage to Advertiser Materials.

     

7.  Fees and Payment

   1. While certain features and parts of the Service available free of charge, full use of the advertising-related features on the Service is available only to Advertisers who subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on the Service. Prices include VAT or other sales tax unless otherwise stated.

2. The Advertiser is committed to pay for its subscription from the point when the Supplier confirms the order.

3. If so specified on the payment page of the Supplier’s website, the subscription will be auto-renewed for the periods stated. The Advertiser can cancel auto-renewal by following the instructions on the Service.

    

4. The Supplier may at any time change its subscription prices. The new rate takes effect if the Advertiser applies for a new subscription after the Supplier posts the new prices on the Service. (For any existing subscribers on auto-renew, the Supplier will give notice by email at least one month before any price change takes effect. If the Advertiser does not accept the new fee, it should cancel the subscription as explained below. Otherwise the next auto-renewal of the subscription after the one month’s notice will be at the new price.)

    

5. The Advertiser must make all payments without any set-off, counterclaim or any other deduction.

    

6. If any amount due to the Supplier is unpaid, the Supplier may:

   1. charge reasonable additional administration costs; and/or

   2. charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and/or

   3. disable, suspend or remove some or all of the Listing; and/or

   4. immediately terminate this agreement on notice in Writing.

8.  Suspension / cancellation

   1. The Advertiser may at any time cancel this agreement (including its subscription) by following the instructions on the Service. A request for cancellation under this clause does not give rise to any refund.

       

2. The Supplier may at any time without cause immediately cancel this agreement including the Advertiser’s right to use of the Service. If so, the Supplier will refund in full any fees already paid for the period in respect of which the Supplier takes such a step.

3. The Supplier may at any time cancel this agreement (giving notice by email to the extent reasonably practicable) or suspend part or all of the Service if, acting reasonably, the Supplier considers that the Advertiser has breached this agreement or it is necessary to protect the Supplier or others or if the Supplier is required to do so by law or appropriate authority. There will be no refund of the Advertiser’s subscription.

    

4. Following cancellation of this agreement, the Advertiser’s registration for and right to use the Service are terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. The Advertiser must not attempt to re-register for or continue to use the Service if the Supplier has given notice of cancellation.

    

5. The Supplier cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided that the Supplier acts in accordance with this agreement.

    

9.  Intellectual Property Rights

   1. All trade marks, logos and Data used on or in connect with the Service are the intellectual property of the Supplier or its partners. The Supplier grants to the Advertiser a non-exclusive, royalty-free worldwide license to use the Service for the purposes of the agreement. The Advertiser may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without the Supplier’s specific prior consent in Writing.

2. The Advertiser acknowledges that (save in relation to Advertiser Materials) all Intellectual Property Rights in the Website and in any Customer Personal Data or other data collected by the Supplier in connection with this agreement are owned by the Supplier absolutely.

3. The Advertiser must not reverse-engineer or decompile any of the Supplier’s software in any way (except to the extent allowed by applicable law). The Advertiser must not create or use a modified or derivative version of the Supplier’ software or distribute or sublicense such software to third parties.

4. The Supplier acknowledges that all Intellectual Property Rights in the Advertiser Branding and Advertiser Materials are owned by the Advertiser. The Advertiser grants to the Supplier a non-exclusive, royalty-free worldwide license to use the Advertiser Branding and Advertiser Materials to the extent necessary to enable the Supplier to supply the Service. The Supplier is also entitled to use the Advertiser Branding for its own marketing purposes on its website and in marketing materials.

10.  Liability and Indemnity

    1. Any provisions in this agreement excluding or limiting liability will apply regardless of the form of action, whether under statute, in contract or tort including negligence or otherwise. Nothing in this agreement in any way excludes or restricts either party’s liability for negligence causing death or personal injury or for fraudulent misrepresentation or for any liability which may not legally be excluded or limited.

        

2. The Supplier shall not be liable for breach of this agreement unless the Advertiser has given the Supplier prompt notice of the breach in Writing and a reasonable opportunity thereafter to rectify the breach at the Supplier’s expense.

    

3. The liability of the Supplier under or in connection with this agreement in respect of for any act or omission or any series of connected acts or omissions shall be limited to £250 or the amount of fees payable to the Supplier under this agreement in the twelve months preceding the act or omission complained of, whichever is higher.

    

4. In no circumstances shall the Supplier be liable for any consequential, indirect or special damages or for economic losses (including without limit, loss of revenues, profits, contracts, business or anticipated savings) or for damage to or loss of data or for damage for loss of reputation.

5. The Advertiser agrees to indemnify the Supplier against all claims and liabilities directly or indirectly related to the Advertiser’s use of the Service or to the Advertiser’s breach of this agreement (except to the extent that the Supplier is at fault).

6. Both parties exclude all terms that are not expressly stated herein, including but not limited to any implied warranties as to quality, fitness for purpose or ability to achieve a particular result.

    

11. Personal Data

    1. The Supplier shall be the data controller and owner of Customer Data. For the avoidance of doubt, the Supplier shall be entitled to use Customer Data for any marketing purposes during or after the period of this agreement subject to compliance with applicable data protection laws and regulations.

        

2. The Advertiser shall only use Customer Data for the specific purpose of responding to a specific quote request and/or to fulfil any order for goods or services from the Customer. For the avoidance of doubt, the Advertiser shall not use Customer Data in any other way (including use for marketing purposes or disclosure to third parties for marketing) without the specific prior written consent of the Customer.

    

3. The Advertiser undertakes to comply with all applicable data protection laws and regulations in connection with any Customer Data.

12.  Notices

    1. The Supplier may send all notices under this agreement by email to the most recent email address supplied by the Advertiser (unless otherwise stated in this agreement).

13.  General

    1. This agreement constitutes the entire agreement between the parties with respect to its subject matter and supercedes any previous communications or agreements between the parties. Both parties acknowledge that there have been no misrepresentations and that neither party has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

2. Neither party is liable for breach of this agreement if the failure or delay is caused by any circumstances beyond the party’s reasonable control including third party telecommunication failures.

3. Unless otherwise stated in this agreement, no amendment or variation of this agreement shall be effective unless in Writing (not email), expressed to be an amendment to this agreement and signed by a duly authorised representative of each of the parties.

4. The Advertiser may not assign the whole or any part of its rights or obligations under this agreement without the prior consent of the Supplier in Writing, not to be unreasonably withheld or delayed.

5. The failure of a party to exercise or enforce any right under this agreement shall not he deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.

6. If any provision of this agreement is held to be unlawful, void or unenforceable in whole or in part, this agreement shall continue in force in relation to the unaffected provisions and the remainder of the provision in question, and the parties will renegotiate the offending provision in good faith to achieve the same objects.

7. Save insofar as expressly provided otherwise in this agreement, no third party may enforce any clause in this agreement under the Contracts (Rights of Third parties) Act 1999.

8. The relationship of the parties is that of independent contractors. Except as otherwise stated in this agreement, nothing in this agreement shall constitute the parties as partners, joint venturers or co-owners, or constitute any party as the agent, employee or representative of the other(s), or empower any party to act for, bind or otherwise create or assume any obligation on behalf of the other(s), and no party shall hold itself out as having authority to do the same.

9. Each party agrees at any time upon the reasonable request of the other to do, execute, acknowledge and/or deliver all such further acts, deeds, documents and/or instruments as may be required to effect any of the transactions contemplated by this agreement.

10. This agreement shall be governed by the laws of England and each party hereby submits to the exclusive jurisdiction of the English Courts.