Garage Advisor User Terms and Conditions

1. Introduction

   1. This website is owned and operated by Garage Advisor Limited. 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 shown on site

2. These terms and conditions apply to users of our Service (excluding advertisers, who are subject to separate terms and conditions). Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using this website you agree to be bound by these terms and conditions.

2. Definitions

    

   1. Capitalised terms have the following meanings in these terms and conditions:

      1. “Listings” means garage or other listings, advertising or promotions of any kind on our Service.

      2. “Quote Service” means the part of the Service whereby Users can request a quote from a number of garages.

      3. “Service” means the services offered on our website and our related software and services.

      4. “User” means a person who uses our Service (whether or not registered with us).

      5. “User Content” means all information published or sent by Users on or in connection with our Service.

3.  Changes to the terms and conditions

    

   1. We may change these terms and conditions by posting the revised version on our website for 21 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

4.  Use of our Service

   1. We grant Users a limited personal right to use our Service subject to these terms and conditions.

2. We do not verify Listings. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Listing or in connection with any consequent communications or transactions with third parties. Before acting on such information, you must make your own appropriate and careful enquiries before proceeding including as to the suitability of the advertiser, the terms of the proposed transaction, and the suitability of the advertised goods or services for your purposes. You rely on such information at your own risk.

3. Please note that any contract to buy goods or services is between you and the advertiser or other party concerned. We may provide tools to facilitate a transaction but we are not a party to that contract.

4. If you publish comments, reviews or other User Content, you must ensure that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, the User Content must not be defamatory, offensive, vulgar, racist, abusive, invasive of another’s privacy or similarly inappropriate.

5. We reserve the right without notice or refund to suspend, alter, remove or delete User Content or to disclose to the relevant authorities any User Content if it is the subject of complaint or where we have reasonable grounds for believing that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant User Content.

6. Any content which we ourselves make available on our Service is not intended as advice. We cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.

7. Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

5.  The Quote Service

   1. This section of the terms and conditions applies to Users who participate in our Quote Service.

2. You promise that the information which you supply in connection with the Quote Service is accurate and not misleading. You must respond promptly to any requests by garages for more information.

3. We will send your quote request to those garages who meet criteria determined by us in our absolute discretion.

4. We do not guarantee that your quote request will generate any, or any suitable, responses.

5. To avoid garages wasting time on unnecessary quotes, you must remove your quote request as soon as you have found a garage to do the work or if you have decided not to proceed for any other reason.

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

6. Functioning of our Service

   1. We cannot guarantee that the Service will be uninterrupted or error-free.

2. We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.

3. We are entitled to make changes to the Service.

7.  Third party websites

   1. Aside from Listings, we may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.

8.  Intellectual property rights

   1. All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You 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 our specific prior written consent.

2. You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

3. If you publish any User Content on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such User Content on our Service.

9.  Liability etc

   1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

3. Very important: If you are a consumer (i.e. not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

   1. there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

   2. such loss or damage is not a reasonably foreseeable result of any such breach;

   3. such loss or damage is caused by you, for example by not complying with this agreement; or

   4. such loss or damage relates to a business.

4. Very important: If you are a consumer (i.e. not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

5. The following clauses apply only if you are a business:

   1. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

   2. Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to £100.

   3. In no event (including our own negligence) will we be liable for any:

      1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

      2. loss of goodwill or reputation;

      3. special, indirect or consequential losses; or

      4. damage to or loss of data

 

(even if we have been advised of the possibility of such losses).

 

4. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.

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

10.  “Act of God”

    1. Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunications failures.

11.  Transfer

    1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

12.  English law

    1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

13.  General

    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

14.  Complaints

    1. If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.