AGREEMENT

when you visit the Site or use the service it offers, these Terms and Conditions apply.

They have 5 parts:

• o Definitions
• o General Terms
• o Privacy Notice

DEFINITIONS

The following words have the following meanings:

We, Us, Our	means Garages Near Me (UK) Limited and whose registered address is Kemp House 160 City Road, London EC1V 2NX
Site, Website	means www.garagesnearme.co.uk
You, Your	means a visitor to the Site or someone who wishes to use our services.
Account	means the account we may require you to open, if you wish to use our paid for services.
Content	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
Client	means any User requesting services from a Garage.
Garage	means each and every garage which uses the Site to advertise its services.
Garage Services	means the services provided by a Garage for a Client.
IP	means Intellectual Property and all rights associated with the use of that Intellectual Property.
Postcode/s	means the postcode allocated to each Garage.
Services	means the service we offer through which we put Clients in contact with Garages.
Term	means 12 months from the date a Garage registers with us.
Terms and Conditions	means the terms and conditions contained herein.
User	User means any person, firm or company using the Site for any purpose.

GENERAL TERMS

These Terms and Conditions apply to anyone visiting the Site, whether you order from us or not.

1. YOU PROMISE US
You agree that:

• You are over the age of 18 years.
• You will have only one Account with us.
• You will not pretend to be someone else when you use the Site.
• If you link to another site through us, you will read their terms and conditions.
• You will not use robots, spiders, scrapers or similar things on the Site.
• You will not try to get around any things we put on the Site to stop or limit access to parts of it.
• You will not do anything that might cause our systems to crash.
• You will not steal the Site or any part of it for use in any other site or application.
• You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
• You will not use our trademarks and/or designs and/or layout before asking us.

2. INTELLECTUAL PROPERTY

• 2.1 We and our business partners own all of the IP on the Site. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.
• 2.2 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.

3. DISCLAIMERS

• 3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.
• 3.2 We are not able to guarantee that the Site will work with your device or will be secure.
• 3.3 Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.
• 3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You must not rely on that advice when you make any decisions.
• 3.5 If using the Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.
• 3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.

4. FORUMS

• 4.1 When using any forums we may put up on the Site you agree to abide by the following rules:
  • - You must not use obscene or vulgar language.
  • - Nothing you submit can be unlawful or otherwise objectionable.
  • - You must not publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.
  • - Nothing you submit may be designed to promote violence.
  • - All of your posts must be in English.
  • - You must not post links to other sites which may break these rules.
  • - You cannot use any forum to advertise.
  • - You must not impersonate anyone else.
  • - You may not post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.
• 4.2 We have the absolute right to moderate all posts on the Site and to remove any post which we do not want.
• 4.3 When you submit a post you are warranting that you are the author of that post and that you own all rights associated with it and that we can repost it without paying or getting permission from anyone.
• 4.4 When viewing posts you accept that we are not the author and that any views expressed may not be our views.
• 4.5 If you see a post which you find objectionable, tell us as soon as you can and we will consider whether or not it should be removed.
• 4.6 We do not keep any passwords and it is your responsibility to keep your password secure and to remember it.

5. AVAILABILITY OF THE SITE

• 5.1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.
• 5.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time, without compensating you.

6. LIMITATION OF LIABILITY

• 6.1 As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.
• 6.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence, or fraud, on our part.

7. LINKS TO OTHER WEBSITES

• 7.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site
• 7.2 We are not responsible for evaluating other sites to which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all sites we link to.
• 7.3 A link to another site does not mean that we endorse or recommend that site.
• 7.4 We can never guarantee that a link that we offer will work.

8. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE

• 8.1 These Terms and Conditions will change from time to time and we do not have the resources to let all our visitors know about the changes.
• 8.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms and Conditions.
• 8.3 We may change the Site as often as we choose and these Terms and Conditions will still apply to any changes we make.

9. DATA PROTECTION AND PRIVACY
You and we both agree to comply with the Privacy Notice which forms part of these Terms and Conditions.

10. NO WAIVER
No failure by us to enforce any provision in these Terms and Conditions will constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure will not be deemed to be a waiver of any preceding or subsequent breach and will not constitute a continuing waiver.

11. SEVERANCE
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the rest of these Terms and Conditions and the remainder of the provision in question will not be affected.

12. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions has any rights under the Contracts (Rights of Third Parties) Act 1999.

13. ADDITIONAL TERMS

• 13.1 Operative Law – This agreement under which these Terms and Conditions operate is made under the laws of England and Wales and that is the only jurisdiction which can govern it.
• 13.2 Partnership/Joint Ventures – We are not entering into a partnership or co-venture with you.
• 13.3 Effect of Agreement – These Terms and Conditions supersede all previous Terms and Conditions and represent the entire understanding between you and us.
• 13.4 Time of the Essence – Time will not be of the essence in any part of these Terms and Conditions.
• 13.5 Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.
• 13.6 Entire Agreement – These Terms and Conditions contain the entire understanding between us.

CLIENT TERMS

2. WHAT WE EXPECT FROM YOU

• 2.1 There are no limits on your use of the Services.
• 2.2 You will, on each occasion that you use the Services, provide your feedback, through the Site, on the service you have received from the Garage you used. That feedback will be honest and reasonable and will comply with the forum terms set out in Clause 4 of the General Terms, above.
• 2.3 You will, at all times, adopt a polite and reasonable approach to each Garage. Failure to do so will permit us to bar you from the Services.
• 2.4 You will use the Services for your own purposes and warrant that you are the owner of the vehicle for which you need assistance.
• 2.5 You will not sub-license or assign the Services to any third party.
• 2.6 You will not use the Services for commercial or business purposes of any nature.
• 2.7 The information you provide to us or to a Garage must be correct and complete. Neither we nor the Garage has any liability if such information is incorrect or incomplete.
• 2.8 Each Garage will expect you, or a responsible adult, to be with your vehicle when they arrive. If not they have no obligation to provide their services and may still invoice you for the time they have spent getting to you.
• 2.9 It is for you to agree work and prices for that work with the Garage before any work is carried out. You accept that we do not take payments due to the Garage in any circumstances.
• 2.10 You understand that our sole responsibility to you is to put you in touch (where we reasonably can) with a Garage which may be able to assist you. If we are unable to find a Garage or they are unable to assist you, we have no responsibility for any losses you may incur.

3. LIMITATION OF LIABILITY

• 3.1 We are responsible only for foreseeable losses or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when our contract with you is created. We will not be responsible for any loss or damage that is not foreseeable.
• 3.2 We only provide Services to you as a consumer for your personal and private use/purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
• 3.3 Nothing in these Terms and Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, directors, agents or sub-contractors), or for fraud or fraudulent misrepresentation.
• 3.4 As a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:
  • 3.4.1 the Consumer Rights Act 2015;
  • 3.4.2 the Regulations;
  • 3.4.3 the Consumer Protection Act 1987; or
  • 3.4.4 any other consumer protection legislation as that legislation is amended from time to time.

4. TERMINATION
We have the right to end our agreement with you immediately and by email and to refuse you the use of the Services, if you break any of these Terms and Conditions.

GARAGE TERMS

1. OUR OBLIGATIONS

• 1.1 We will use our best endeavours to locate Clients in your area for you to assist with the problems they are facing by publishing the details you have logged with us in the results of any online search undertaken by a Client.
• 1.2 We can never guarantee that we will be able to find suitable Clients for you.
• 1.3 If you have an issue, of any nature, with a Client we introduce you to, we will consider that issue and, in our sole discretion, will decide whether we should delist that Garage.
• 1.4 We may, from time to time, alter the Services and the way they are delivered.
• 1.5 Our Services are intended to be accessible 24 hours a day, 365 days a year but there will be times – for example, system failure, routing maintenance and staff shortages – when we will not be available and we have no liability in these and similar circumstances.
• 1.6 We will ensure that we comply with all statutes, regulations, byelaws, codes of conduct and any other rules relevant to the Services.
• 1.7 We make no warranty that the request delivered by the Client is real and accurate.
• 1.8 You accept that we have no liability to reimburse you in any way for the Garage Services you may supply and which are unpaid by the Client.
• 1.9 Registration with us and payment of our fee allows for the publication the Garage Services you supply but gives you no exclusivity in the postcodes for which you have registered.

2. YOUR OBLIGATIONS

• 2.1 You will provide all information we reasonably require from you.
• 2.2 We may, from time to time, issue reasonable instructions in connection with the Services and as to your delivery of the Garage Services and you will comply with those instructions.
• 2.3 It is your responsibility to obtain any necessary permits, licences, approvals or consents, in order for you to carry out the Garage Services for the Client. We make no warranty that those permits, licences, approvals or consents will be granted.
• 2.4 We have no responsibility to ensure that you are paid for providing the Garage Services.
• 2.5 You will perform the Garage Services to the highest standards possible and will provide a reasonable guarantee to the Client for any work you undertake.
• 2.6 You will use the Services in relation to one garage location only and not a series of locations.
• 2.7 You will not use the Services to supply other garages with business and accept that the Services are for use exclusively with your business and not any other.
• 2.8 You will not in any way pass yourself off as any other business when using our Services.

3. TERM AND PAYMENT

• 3.1 The Term of our agreement with you is 12 months and payment of the fees for that Term must be made in advance, on production of an invoice.
• 3.2 You may increase the number of postcodes during the term, on payment of the additional fees associated with them. Such increase will run until the end of the Term.
• 3.3 The Term will automatically renew on the same terms and conditions, save as to our fee, unless, at least 3 months before its expiry, either we or you have notified the other in writing of the wish to end the Term on its expiry date.
• 3.4 Upon renewal under Clause 3.3, and provided we have given you at least 3 months’ notice of the change, we may increase the fee we charge you.
• 3.5 If any amount due to us under these Terms and Conditions is unpaid for more than 14 days after its due date, we may:
  • 3.5.1 charge you interest on all unpaid sums, at the rate of 10% above the base rate, for the time being, of Barclays Bank PLC, from the due date until the actual date of payment; and
  • 3.5.2 charge you a fee of £25 to cover the administrative costs we are put to in seeking payment; and
  • 3.5.3 suspend or terminate the Term, with no liability of any nature to you, for any losses you may suffer as a result.

4. ACCOUNTS

• 4.1 If you want to use our Service as a Garage you must have an Account.
• 4.2 When you create an Account you promise that:
  • - All information you give us is accurate and truthful.
  • - You will keep this information accurate and up-to-date.
  • - You will not share your Account with anyone else.
  • - You will keep your Account details confidential.
  • - You will not give your username or password to anyone else.
  • - You will log off when you exit the Account.
• 4.3 We may close your Account if you break these Terms or if there has been no activity on the Account for 12 months and you do not reactivate the Account after we have requested that you do so.
• 4.4 If you do anything which we think might be fraud, we have the right to report those actions to the Police and the money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
• 4.5 You may only have one Account with us.
• 4.6 If you change your address at any other time you must tell us.
• 4.7 You can cancel your Account with us at any time; all you need to do is to email us at support@garagesnearme.co.uk but if you cancel in this manner, we will not refund any unused part of the fee you have paid us.

5. DATA PROTECTION

• 5.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (and any statutory replacement thereof which may come into existence following the departure of the United Kingdom from the European Union) (“GDPR”) and in accordance with the Privacy Notice which forms part of these Terms and Conditions.
• 5.2 You warrant that you will, at all times, comply with GDPR.