Policies and Procedures

Driver Terms & Conditions

These Terms & Conditions (together with the documents referred to in them) govern your use of our website at  www.whocanfixmycar.com and all related sites, services, applications, and tools, which we operate from time to time (the “WCFMC Service”).

These Terms & Conditions apply to any person registering as a “driver” on the WCFMC Service, or using the WCFMC Service as a driver (a “Driver”). If you are registering to use the WCFMC Service as a mechanic, or you are using the WCFMC Service as a mechanic (a “Mechanic”) please refer to our Mechanic Terms & Conditions.

By using the WCFMC Service you confirm that you accept these Terms & Conditions and that you agree to abide by them.

Table of Contents

• INFORMATION ABOUT US
• REGISTERING AS A DRIVER
• PROVISION OF SERVICES TO DRIVERS
• OUR RESPONSIBILITIES TO YOU
• STATUS OF QUOTES
• THIRD PARTY/ ANCILLARY PRODUCTS AND SERVICES
• PASSWORDS AND SECURITY
• ACCEPTABLE USE POLICY
• GENERAL DISCLAIMERS
• LIABILITY
• TERMINATION OF SERVICES
• INTELLECTUAL PROPERTY
• PRIVACY AND COOKIES
• GENERAL

INFORMATION ABOUT US

The WCFMC Service is operated by Whocanfixmycar.com Ltd (“We or “WCFMC”).

We are a limited company registered in England and Wales under company number 07455738 and have our registered office at Floor 6, Suite 6A ,West One, Forth Banks, Newcastle Upon Tyne, NE1 3PA, UK. Our main trading address and principal place of business is also located at this same address.

Our VAT Number is: 113 0571 63.

Please visit the Contact Us page on this website for our contact details.

REGISTERING AS A DRIVER

In order to benefit from all the features of the WCFMC Service available to Drivers you will need to register with us as a Driver by following the online prompts. You will be asked to provide certain information about yourself including your name, telephone number and email address.

You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so we can communicate with you effectively.

By registering as a Driver you are forming a contract with us. The contract between us will consist of your registration details, these  Terms & Conditions, our Privacy Policy  and our Feedback Policy. Unless we have expressly stated otherwise, in the event of any conflict or inconsistency between these Terms & Conditions and our Privacy Policy or Feedback Policy, or any other document or legal notice published on our Service from time to time, these Terms & Conditions shall take precedence.

PROVISION OF SERVICES TO DRIVERS

Following registration, we will make certain services available to you free-of-charge. The services will include the ability to post details of any automotive repair or servicing work you need a Mechanic to do for you (a “Job”), the ability to receive quotes from Mechanics to Jobs you have posted (“Quotes”) and the ability to post feedback in relation to any Mechanic you have used as a result of your use of the WCFMC Service (“Feedback”).

You must only post a Job if you have a genuine requirement for the work detailed in the Job to be performed. You must only post Feedback in relation to a Mechanic if you have used them as a result of your use of the WCFMC Service. In addition, you must ensure that the content of any Job or Feedback you post complies with the provisions of our Acceptable Use Policy set out in Section 8 below.

If you do decide to use the services of a particular Mechanic as a result of your use of the WCFMC Service, you agree to notify us by updating your Job details accordingly. You can do this by clicking the relevant button on your Job page to "accept" or "confirm" their Quote.

Full details of the services available to Drivers will be published on www.whocanfixmycar.com from time to time. We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the service without notice.

OUR RESPONSIBILITIES TO YOU

We will provide the WCFMC Service to you using reasonable skill and care and in accordance with these Terms & Conditions. However, if you use the WCFMC Service as a Driver you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:

Although we have asked all users to use the WCFMC Service responsibly, we cannot guarantee the accuracy, integrity or quality of any information you view or receive via the WCFMC Service, which is provided by, or based on information submitted by, third parties. This includes any information contained in the details of Mechanics who are listed in our directory (“Listings”) as well as any Quotes you may receive from Mechanics.

If you use the WCFMC Service, you acknowledge and agree that we do not endorse or recommend any of the Mechanics who are listed or who use the WCFMC Service and we do not check or verify all the information which Mechanics post on or transmit via the WCFMC Service. You shall be solely responsible for checking and verifying any information which you access via or receive via the WCFMC Service before acting on it placing any reliance on it. If you choose to use the services of any particular Mechanic because of information you have received through your use of the WCFMC Services you do so entirely at your own risk.

If you use the WCFMC Service, you also acknowledge and agree that information contained in any Quotes for Jobs you have posted are intended to be indicative only and will not form the basis of a binding contract between you and any Mechanic. This is the case even if you "accept" or "confirm" the Quote by clicking the relevant button on the WCFMC Service. If you choose to instruct a Mechanic to carry out any work for you as a result of your use of the WCFMC Service, we strongly recommend that you conclude your own written agreement with them clearly detailing the work to be done and the price to be paid. We will not be a party to any agreement or contract which you conclude with a Mechanic as a result of your use of the WCFMC Service. Further information about how Quotes are formulated and their status is set out in Section 5 below.

PLEASE NOTE: We (Whocanfixmycar.com Ltd) will not under any circumstances have any responsibility to you, or liability to you, for the performance or quality of any work which you ask any Mechanic to carry out, or for any acts or omissions on the part of any Mechanic. Mechanics will at all times remain solely responsible to you for the work they undertake and their own acts and omissions.

STATUS OF QUOTES

When you post a Job on the WCFMC Service you will receive Quotes from Mechanics based on the information you have provided, including your vehicle make and model and job type ("Job Criteria"). The Quotes you receive will either be standard Quotes or "SmartQuotes". All "SmartQuotes" will be clearly identified as such, with the SmartQuote icon.

Standard Quotes are generated where a Mechanic has either prepared a Quote in direct response to your Job, or previously provided a Quote which matches your specific Job Criteria, or has otherwise provided us with information about what they would quote for your specific Job Criteria.

SmartQuotes are generated where we do not hold quoting data for a Mechanic which is an exact match for your Job Criteria. In these cases our SmartQuotes software uses the quoting data we do hold for a Mechanic, as well as algorithms we have developed, to predict what the Mechanic is likely to quote for the Job. PLEASE NOTE: All Quotes (including both standard Quotes and SmartQuotes) provided via the WCFMC Service are indicative only and are subject to refinement or change by Mechanics before they commit to undertake any work. Whilst we work closely with Mechanics and continually seek to improve our systems and processes to ensure that Quotes are as accurate as possible, we cannot guarantee the accuracy of Quote or that at a Mechanic will ultimately be able to able to complete your Job for a Quoted price. We recommend that you seek confirmation of a Quote direct from a Mechanic, before you instruct them to undertake your Job.

THIRD PARTY/ ANCILLARY PRODUCTS AND SERVICES

From time to time we may offer, promote or make available via the WCFMC Service, certain ancillary products and services offered by us (such as roadside assistance policies) ("Ancillary Products") and/ or products and services offered by third parties (such as repair finance) ("Third Party Products").

If you choose to purchase any such Ancillary Products or Third Party Products, you understand and agree that they will be subject to a separate agreement and terms and conditions, details of which will be provided to you as part of the purchase process.

All Third Party Products are provided by the relevant third party supplier and they (not WCFMC) shall be solely responsible to you for providing the Third Party Product in question.

PASSWORDS AND SECURITY

If you register to use WCFMC Service you will be asked to provide a valid and current email address. You will then be receive a password (“ID”) in order to activate and access your account and use WCFMC Service. You must keep your ID confidential and must not disclose it or share it with anyone else. You are responsible for preventing unauthorised use of your ID.

If you believe there has been a breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify us immediately. If we reasonably believe that your ID is being used in any way which is not permitted by these Terms & Conditions, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issues has been resolved.

ACCEPTABLE USE POLICY

The WCFMC Service allows registered users (including both Drivers and Mechanics) to create, edit and submit material for inclusion on or transmission via the Service, including (without limitation) by creating Listings, posting Jobs, posting Quotes for Jobs, posting Feedback and sending messages (collectively “User Content”). Whilst we do not seek to monitor or control the submission of User Content, we do reserve the right to delete, move and edit any User Content submitted where (in our absolute discretion) we consider it prudent or necessary to do so.

You agree to comply with all applicable laws and regulations when using the WCFMC Service. You are solely responsible for all User Content you submit for inclusion on or transmission via the WCFMC Service. You must ensure that all User Content you transmit via the WCFMC Service is lawful and honest. In particular you must not post or transmit via the WCFMC Service any User Content that:

• is fraudulent, dishonest or misleading;
• is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;
• encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;
• infringes the copyright or other rights of any third party;
• is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).

For further information as to what we consider to be acceptable in the context of Feedback, please see our Feedback Policy.

By submitting any User Content to us, or via the WCFMC Service, you are granting us a royalty-free, non-exclusive licence to use, reproduce, modify, translate, make available and distribute the User Content on or through the WCFMC Service for the purpose of operating the WCFMC Service.

GENERAL DISCLAIMERS

Whilst we endeavour to ensure that the information available on or through the WCFMC Service is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), the WCFMC Service permits you to access and receive information supplied by third parties, or which is based on information or data supplied by third parties, including third party User Content. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.

Although we aim to offer you the best service possible, we make no promise that the WCFMC Service will meet your requirements. We cannot guarantee that the WCFMC Service will be fault or virus free or continuously available. Your access to the WCFMC Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may change or discontinue the WCFMC Service, or any part thereof, by giving reasonable notice at any time.

LIABILITY

To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of WCFMC Service or any fault or problem relating to the WCFMC Service or any content received via the WCFMC Service.

Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law.

Your statutory rights as a consumer are not affected by these Terms & Conditions.

TERMINATION OF SERVICES

We may suspend or cancel your registration and/ or terminate your access to or use of the WCFMC Service and/ or our agreement with you, if you are in breach of these Terms & Conditions or have made improper use of the WCFMC Service.

You may cancel your registration at any time by informing us in writing. If you do so you must stop using the WCFMC Service.

The suspension, cancellation or termination of your registration and your right to use the WCFMC Services shall not affect either party’s statutory right or liabilities.

INTELLECTUAL PROPERTY

Unless otherwise stated, the copyright, database right and other intellectual property rights in the WCFMC Service (including without limitation all content, data, materials and technology used or appearing in the WCFMC Service or transmitted through it) belongs to us or our licensors. All rights are reserved.

By using the WCFMC Service you acknowledge and agree that we collect aggregated and anonymised data concerning usage of the WCFMC Service and the Jobs and Quotes and Quoting Data submitted to or via the WCFMC Service. You agree that all intellectual property rights and other rights in such aggregated and anonymised data shall belong to Whocanfixmycar.com Ltd and we may use this data for any purpose whatsoever. However, this data will not include any information from which particular users of the WCFMC Services (including any Drivers or Mechanic) can be identified.

PRIVACY AND COOKIES

The WhoCanFixMyCar.com website and the WCFMC Service includes areas where you are requested to, or can, input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy.

We use cookies on our website and as part of the WCMF Service. Further information about cookies and how we use them can be found in our Cookies Policy. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy and Cookies Policy.

GENERAL

All notices shall be given to us via email or by post using the contact details set out in Part 1 above, or to you at either the email or postal address you provide during registration. Notice will be deemed to be given when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 2 working days after the date of posting.

If any provision of these Terms & Conditions is held by any court of competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms & Conditions and the remainder of the affected provisions shall continue to be valid.

The failure to exercise a right or remedy provided by these Terms & Conditions or by the law does not constitute a waiver of other rights or remedies.

We may revise these Terms & Conditions at any time. You are expected to check these Terms & Conditions from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these Terms & Conditions may also be superseded by provisions or notices published elsewhere on our website or the WCFMC Service.

These Terms & Conditions will be subject to the laws of England and Wales and the English courts shall have jurisdiction to resolve any disputes between us.

These Terms and Conditions were last updated on 30th September 2019.

Mechanic Terms & Conditions

These Terms & Conditions (together with the documents referred to in them) govern your use of our website at  www.whocanfixmycar.com and all related sites, services, applications, and tools, which we operate from time to time (the “WCFMC Service”).

These Terms and Conditions apply to you if you register to use the WCFMC Service as a mechanic, or use the WCFMC Service as a mechanic (a “Mechanic”). If you are registering to use the WCFMC Service as a driver, or you are using the WCFMC Service as a driver (a “Driver”) please refer to our Mechanic Terms & Conditions.

By using the WCFMC Service you confirm that you accept these Terms & Conditions and that you agree to abide by them. If you are accepting these Terms & Conditions on behalf of a company or other business entity, you represent that you are authorised to do so.

Table of Contents

• INFORMATION ABOUT US
• REGISTERING AS A MECHANIC
• PROVISION OF THE SERVICES TO MECHANICS
• MEMBERSHIP FEES
• SUCCESS FEES
• PAYMENT TERMS
• SUBMISSION OF QUOTES AND QUOTING DATA
• OUR RESPONSIBILITIES TO YOU
• YOUR RESPONSIBILITIES
• PARTNER PROGRAMMES
• PASSWORDS AND SECURITY
• ACCEPTABLE USE POLICY
• GENERAL DISCLAIMERS
• LIABILITY
• TERMINATION
• INTELLECTUAL PROPERTY
• PRIVACY AND COOKIES
• GENERAL

INFORMATION ABOUT US

The WCFMC Service is operated by Whocanfixmycar.com Ltd (“We or “WCFMC”).

We are a limited company registered in England and Wales under company number 07455738 and have our registered office at Floor 6, Suite 6A ,West One, Forth Banks, Newcastle Upon Tyne, NE1 3PA, UK. Our main trading address and principal place of business is also located at this same address.

Our VAT Number is: 113 0571 63.

Please visit the Contact Us page on this website for our contact details.

REGISTERING AS A MECHANIC

In order to benefit from all the features of the WCFMC Service available to Mechanics you will need to register with us as a Mechanic by following the online prompts. You will be asked to provide certain information about your business including your business name and contact details.

In addition you will need to provide proof of address, insurance documents and any other documentation or information that we may consider necessary from time to time, as part of the registration process. You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you provide, by updating your details, in order that we may communicate with you effectively.

By registering as a Mechanic you are forming a contract with us. The contract between us will consist of your registration details, these Terms & Conditions, our  Privacy Policy, our Code of Conduct  and our Feedback Policy. Unless we have expressly stated otherwise, in the event of any conflict or inconsistency between these Terms & Conditions and our Privacy Policy or Code of Conduct or Feedback Policy, or any other document or legal notice published on the WCFMC Service from time to time, these Terms & Conditions shall take precedence.

PROVISION OF THE SERVICES TO MECHANICS

Following registration, we will make certain services available to you. The services will include the ability to include details of your business in our directory (“Listings”), the ability to view or receive details of jobs which have been posted by Drivers (“Jobs”) and the ability to submit quotes in response to Jobs (“Quotes”), including using our SmartQuote technology and other methods.

Please note that Listings must not contain any contact details for your business, although you will have the ability to communicate with Drivers using the WCFMC Services' online messaging systems and you may also be given the opportunity to contact Drivers where you have submitted a Quote in response to a Job they have posted. You must also ensure that any information you post to or transmit via the WCFMC Service, including any content contained in Listings and any Quotes and messages, complies with the provisions of our Acceptable Use Policy set out Section 12 below.

Full details of the services available to Mechanics via the WCMF Service will be published on our website from time to time. We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the WCFMC Service without notice.

MEMBERSHIP FEES

In order to have your Listing published in the WCFMC Service and in order to submit Quotes for Jobs, Mechanics must become a member by paying the applicable annual membership fees (the "Membership Fees"). Information about our Membership Fees will be posted on the WCFMC Service from time to time.

Please note that payments made for Membership Fees are non-refundable irrespective of the number of Jobs which are notified to you and irrespective of whether or not you have submitted Quotes for Jobs or the number of Quotes which are submitted.

By becoming a member you agree that your membership will continue for a year and renew automatically every year thereafter (each a "Membership Year") and that the annual Membership Fee will be automatically charged to you, unless you have notified us before the renewal date that you do not wish to wish to renew your membership for another Membership Year. You will receive an email fourteen (14) days and seven (7) days prior to renewal informing you that this is about to happen. You can cancel your subscription at any point prior to the renewal date by calling us on 0330 113 0750.

SUCCESS FEES

By becoming a member and by submitting Quotes or by allowing for Quotes to be submitted on your behalf, in respect of Jobs, you are also entering into a legally binding contract with us under which you agree to pay the applicable success fee (the “Success Fee”) in the event that your Quote is selected by the Driver, or you are otherwise engaged by the Driver to undertake the Job. Full details of the applicable Success Fee for a particular Jobs will be published on the WCFMC Service from time to time and will be provided whenever a Job is notified to you. You agree to notify us promptly (and in any event within five (5) working days) if you are selected, or engaged, by a Driver to undertake any Job in respect a Quote has been submitted, by updating your account details accordingly.

In the event that you fail to notify us that within five (5) working days that you were selected or engaged to undertake a Job and we are informed that you were, or if we have reasonably grounds for believing that you were, you agree that you will be liable to pay the Success Fee to us together with an additional administration charge of £5.99 (the "Non-Disclosure Administration Fee").

You agree that Success Fees (and, where applicable the Non-Disclosure Administration Fees) are payable if you are selected or engaged to undertake a Job, irrespective of whether the Job is ultimately completed or is cancelled. We shall be under no obligation to refund such fees in respect of any Jobs which are not completed or cancelled and refunds will only be given in our absolute discretion. Under no circumstances will requests for refunds be considered where:

• they are made later than thirty (30) days after we have successfully collected a Success Fee, or invoiced you for a Success Fee, or made our first attempt to collect the Success Fee from your designated credit or debit card or other payment method; or
• they are made in respect of Jobs where we hold insufficient evidence that follow-up actions have been taken to manage the booking with the Driver, which must include attempts to contact the Driver by telephone and through the WCFMC Services’ messaging system, after the date that the booking was confirmed within the system and within a reasonable time of any contact from the Driver; or
• they are made at levels that we consider to be excessive based on general usage of the WCFMC Service, even if the above criteria (at 5.3.1 and 5.3.2) have been satisfied.

PAYMENT TERMS

Unless otherwise stated, all fees are quoted in Pounds Sterling. You are responsible for paying all fees together with any applicable VAT by such method as we may reasonably require from time to time. Unless we have agreed in writing to invoice you for any fees due under this agreement (or agreed in writing to collect payment by some other method) we require that all fees be paid via a credit card or debit card or other payment method registered with us and you authorise us to collect all such payments immediately on the date that they become due. Where we have agreed to invoice you for any fees you agree pay all such invoices within thirty (30) days of the date of our invoice.

In the event that we are unable to collect of any fees from your designated credit or debit card or other payment method, or (where applicable) you have failed to pay any invoice submitted by us by the due date for payment, then (in addition to any other rights and remedies which may be available to us) you agree that we may charge a late payment administration fee of £3.99 (the "Late Payment Administration Fee") together with interest on the overdue amount (from the due date up to the date of actual payment) at the rate of 4% per annum above the base rate for the time being of the Bank of England. Such interest shall accrue on a daily basis and be compounded quarterly. In these circumstances, we also reserve the rights to suspend your access to or use of the WCFMC Service until any outstanding sums are paid in full and/ or to terminate our agreement with you in accordance with Section 15 below.

SUBMISSION OF QUOTES AND QUOTING DATA

By registering to use the WCFMC Service, you agree that we may automatically submit Quotes on your behalf in response to Jobs which are posted in your area. Quotes will be formulated based on information provided by the Driver including vehicle make and model and job type ("Job Criteria") as well as quoting data we hold for you ("Quoting Data"). Quotes will either be submitted to Drivers as standard Quotes or as "SmartQuotes". All "SmartQuotes" will be clearly identified as such, with the SmartQuote icon.

Standard Quotes will be generated where you manually submit a Quote in direct response to a Job, or may be automatically submitted on your behalf where you have either previously provided a Quote which matches the Job Criteria, or you have otherwise provided us with information about what you would quote for the Job Criteria.

SmartQuotes may be automatically generated and submitted on your behalf where we do no hold Quoting Data for you which is an exact match for the Job Criteria. In these cases our SmartQuotes software uses the Quoting Data we do hold for you, as well as benchmarking algorithms we have developed, to predict what you likely to quote for the Job.

PLEASE NOTE: If you use the WCFMC Service, you understand, acknowledge and agree that any Quotes we submit on your behalf will significantly influenced by the Quoting Data we hold for you. In general, the more up to date Quoting Data we hold for you the more accurate the Quotes we submit on your behalf are likely to be. We therefore strongly encourage Mechanics to provide as much Quoting Data as possible and to regularly review the Quoting Data we hold to ensure that it is accurate and up to date.

PLEASE ALSO NOTE: Whilst we are continually working to improve our SmartQuote technology and believe that the SmartQuotes it generates should (in most cases) provide a good indication of what a particular Mechanic is likely to quote for a particular Job, within acceptable accuracy tolerances, we do not represent, warrant or guarantee to that SmartQuotes will be an accurate in all cases. Given the complexity involved in quoting for automotive servicing and repair work, no system can be perfect and errors and inaccuracies will inevitably occur. You should take care to carefully review all SmartQuotes which have been submitted on your behalf and update or amend them (either using the WCFMC Service or in discussions with Drivers) if you do not consider that they are accurate. Under no circumstances will we have any liability to you, for any losses or other matters, arising from inaccuracy or other error in any SmartQuote.

You can submit, review and update the Quoting Data we hold for you by visiting Mechanics SmartQuotes, searching for the vehicle make and model, selecting a service type and then selecting the quote and updating the price. A SmartQuote can also be updated from the alert on the job alerts tab on the dashboard newsfeed. Select the alert, update the price and submit this to the Driver. After a Job has been accepted you cannot update the Quote for that specific Job within the WCFMC Service. However, you can discuss any changes directly with the Driver and edit the price for future Quotes of a similar nature.

You can choose to submit Quotes for specific types of Jobs by amending the categories for which you have Job alerts selected.

You must ensure that all Quoting Data you provide to us is (at the time of submission) accurate and not misleading.

We make it clear to all Drivers that all Quotes are indicative only and only become binding on Mechanics once the Driver has confirmed it directly with you. However, you should be aware that it you significantly change or depart from Quotes given, without good reason, this may adversely impact on a Driver's experience and impact on the Feedback and ratings they provide. We therefore, encourage you to provide us with comprehensive and up to date Quoting Data to ensure that your Quotes are as accurate as possible.

OUR RESPONSIBILITIES TO YOU

We will provide WCFMC Service to you using reasonable skill and care and in accordance with these Terms & Conditions. However, if you use the WCFMC Service as a Mechanic you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:

You acknowledge and agree that we will enable Mechanics to post Quotes in response to a selection of Jobs based on criteria which we (in our absolute discretion) may determine from time to time. The criteria may include your geographical location as well as the quantity or quality of Quoting Data we hold for you amongst other criteria. In addition you acknowledge that the number of Quotes which may be transmitted to a Driver in relation to any particular Job may be limited to Quotes from a specified number of Mechanics. Accordingly, we do not provide any guarantee that registering as a Mechanic will result in you being able to submit Quotes, or in Quotes being submitted on your behalf, in relation to any Jobs, or in relation to any particular volume of Jobs, even if you have purchased membership. Nor can we guarantee that your use of the WCFMC Service will result in you winning any work or any particular volumes of work.

You acknowledge and agree that we do not check or verify the details of any Jobs which are posted. We have asked all users to use the WCFMC Service responsibly and to provide accurate information, but cannot guarantee the accuracy, integrity or quality of any Jobs or other material which is posted by third parties (including Drivers).

By registering as a Mechanic you are also understand and agree that Drivers who have used your services will be able to provide Feedback and we may give you a rating based on the Feedback you have received. Whilst we have asked all users of the Services to act responsibly, we do not actively monitor, check or verify Feedback which is posted. Accordingly, you acknowledge and agree that we (Whocanfixmycar.com Ltd) shall not have any responsibility to you or liability to you for any Feedback which is posted by any Driver and we will not usually become involved or intervene in complaints or disputes concerning Feedback, although we reserve the right to do so in exceptional circumstances. You may, if you feel that Feedback is misleading or libellous, contact us and we will investigate but we shall not be obligated to take any action. Please refer to our Feedback Policy for further information concerning our approach to Feedback.

YOUR RESPONSIBILITIES

You agree to abide by these Terms and Conditions when using the WCFMC Service and in your dealings with Drivers.

You also agree to abide by the WCFMC Code of Conduct at all times when using the WCFMC Service and in your dealings with any Drivers.

You agree that we shall be entitled to permanently or temporarily suspend your access to and use of the WCFMC Service and/ or terminate our agreement with you, in the event that we have reason to believe that you may have failed to comply with our Terms & Conditions or Code of Conduct, or you are alleged to have done so, or we otherwise believe (in our reasonable discretion) that you have acted in a way which is or could be detrimental the WCFMC Service or its reputation. Under these circumstances we shall not be obliged to give you a refund of any Membership Fees or Success Fees you have paid.

You agree that you will only use any information concerning any Driver and any Jobs they have posted, which we provide to you or which you obtain via the WCFMC Service, for the purpose of submitting Quotes and (if you are selected to undertake the work) for the purposes of discussing that work with the Driver and undertaking the Work. You agree that you will not use such information for any other purpose without first obtaining the Driver's prior consent. You also agree to keep any such information secure and to comply with all applicable laws concerning privacy and data protection in relation to your use of that information.

You shall be solely responsible for checking and verifying the details of any Job which is transmitted to your via the WCFMC Service before you agree to undertake any work for a Driver and for agreeing with the Driver the terms on which any work will be performed.

You shall be solely responsible for complying with all applicable laws and regulations in your dealings with Drivers and for the performance and quality of any work which you agree to undertake for any Driver.

You agree that you must only use the WCFMC Service in connection with your own business and must not (without our prior written consent) use the WCFMC Service for the benefit of any other business providing automotive repair and maintenance services.

PARTNER PROGRAMMES

From time to time we may work with third parties to make certain opportunities to undertake automotive servicing and repair work available to our membership of Mechanics and/ or to enable our membership of Mechanics to access discounted products or services or offers or benefits provided by or in partnership with third parties ("Partner Programmes").

If you participate in any Partner Programmes, you understand, acknowledge and agree that, in addition to continuing to comply with these Terms and Conditions and our Code of Conduct, you must also comply with any applicable Partner Programme Terms & Conditions or Service Level Agreements.

PASSWORDS AND SECURITY

If you register to use the WCFMC Service you will be asked to provide a valid and current email address. You will then be receive a password (“ID”) in order to activate and access your account and use WCFMC Service. You must keep your ID confidential and must not disclose it or share it with anyone outside your business or organisation. You are responsible for preventing unauthorised use of your ID.

If you believe there has been a breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify us immediately. If we reasonably believe that your ID is being used in any way which is not permitted by these Terms and Conditions, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issues has been resolved.

ACCEPTABLE USE POLICY

The WCFMC Service allows users (including Mechanics and Drivers) to create, edit and submit material for inclusion on or transmission via the WCFMC Services, including (without limitation) by creating Listings, posting Jobs, submitting Quotes for Jobs, posting Feedback and sending messages (“User Content"). Whilst we do not seek to monitor or control the submission of User Content, we do reserve the right to delete, move and edit any User Content submitted where (in our absolute discretion) we consider it prudent or necessary to do so.

You agree to comply with all applicable laws and regulations when using the WCFMC Service. You are solely responsible for all User Content you submit for inclusion on or transmission via the WCFMC Service. You must ensure that all User Content you transmit via the WCFMC Service is lawful and honest. In particular you must not post or transmit via the WCFMC Service any User Content that:

• is fraudulent, dishonest or misleading;
• is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;
• encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;
• infringes the copyright or other rights of any third party;
• is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).

For further information in relation to our approach to Feedback, please see our Feedback Policy.

By submitting User Content to us you are granting us a royalty-free, non-exclusive licence to use, reproduce, modify, translate, make available and distribute the User Content on or through the WCFMC Service for the purpose of operating the WCFMC Service.

GENERAL DISCLAIMERS

Whilst we endeavour to ensure that the information available on or through the WCFMC Service is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), the WCFMC Service permits you to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.

Although we aim to offer you the best service possible, we make no promise that the WCFMC Service will meet your requirements. We cannot guarantee that the WCFMC Service will be fault or virus free or continuously available. Your access to the WCFMC Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may change or discontinue the WCFMC Service, or any part thereof by giving reasonable notice at any time.

LIABILITY

To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of WCFMC Service or any fault or problem relating to the WCFMC Service or any content received via the WCFMC Service.

If we are found to have any liability to you under or in connection with these Terms & Conditions or in relation to the WCFMC Services more generally, whether under contract, tort (including negligence) breach of statutory duty or otherwise, our total aggregate liability to you shall not, in respect of any and all liabilities arising in any Membership Year, exceed an amount equal to the total Membership Fee and Success Fees paid by you to us in that Membership Year.

Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law.

TERMINATION

We may suspend or cancel your registration and/ or terminate your access to WCFMC Service and/ or our agreement with you, if you are in breach of these Terms & Conditions or have made improper use of the WCFMC Service or we have reason to believe that you may have breached these Terms and Conditions or made improper use of the WCFMC Service.

We may also terminate our agreement with you (and your membership) for convenience with effect from the end of your current Membership Year by giving not less than fourteen (14) days prior written notice to you.

You may cancel your registration at any time by informing us in writing. If you do so you must stop using the WCFMC Service. If you terminate your subscription early, you will not be entitled to a refund of any Membership Fees and Success Fees you have already paid.

The suspension, cancellation or termination of your registration and your right to use the WCFMC Service shall not affect either party’s statutory right or liabilities.

INTELLECTUAL PROPERTY

Unless otherwise stated, the copyright, database right and other intellectual property rights in the WCFMC Service (including without limitation all content, data, materials and technology used or appearing in the WCFMC Service or transmitted through it) belongs to us or our licensors. All rights are reserved.

By using the WCFMC Service you acknowledge and agree that we collect aggregated and anonymised data concerning usage of the WCFMC Service and the Jobs and Quotes and Quoting Data submitted to or via the WCFMC Service. You agree that all intellectual property rights and other rights in such aggregated and anonymised data shall belong to Whocanfixmycar.com Ltd and we may use this data for any purpose whatsoever. However, this data will not include any information from which particular users of the WCFMC Services (including any Drivers or Mechanic) can be identified.

PRIVACY AND COOKIES

The WhoCanFixMyCar.com website and WCFMC Service includes areas where you are requested to input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy.

We use cookies on our website and as part of the WCMF Service. Further information about cookies and how we use them can be found in our Cookies Policy. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy and Cookies Policy.

GENERAL

All notices shall be given to us via email or by post using the contact details set out in Part 1 above, or to you at either the email or postal address you provide during registration. Notice will be deemed to be given when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 2 working days after the date of posting.

If any provision of these Terms & Conditions is held by any court of competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms & Conditions and the remainder of the affected provisions shall continue to be valid.

The failure to exercise a right or remedy provided by these Terms & Conditions or by the law does not constitute a waiver of other rights or remedies.

We may revise these Terms & Conditions at any time. You are expected to check these Terms & Conditions from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these Terms & Conditions may also be superseded by provisions or notices published elsewhere on our website or the WCFMC Service from time to time.

These Terms & Conditions will be subject to the laws of England and Wales and the English courts shall have jurisdiction to resolve any disputes between us.

These Terms and Conditions were last updated on 30th September 2019.