Terms & conditions

These Terms of Use (together with the documents referred to in them) govern your use of our website and its related sites, services, applications, and tools, at www.whocanfixmycar.com (the “WCFMC Services” or the “Services”). By using the WCFMC Services you confirm that you accept these Terms of Use and that you agree to abide by them.

PART A – INFORMATION ABOUT US

The WCFMC Services are operated by Whocanfixmycar.com Ltd (“We”). We are a limited company registered in England and Wales under company number 07455738 and have our registered office at 17 Northumberland Square, North Shields, Tyne and Wear, England, NE301PX. Our main trading address and principal place of business is at Collingwood Buildings, 38 Collingwood Street, Newcastle upon Tyne, Tyne and Wear, NE1 1JF, United Kingdom. Our VAT Number is: 113 0571 63. Please visit the Contact Us page on this website for our contact details.

PART B - TERMS APPLICABLE TO DRIVERS

Part B of these Terms of Use sets out certain terms and conditions which are applicable to any person registering as a “driver” on the WCFMC Services or using the WCFMC Services as a driver (a “Driver”).

1. Registering as a Driver

In order to benefit from all the features of the WCFMC Services 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 and Conditions and our Privacy Policy.

2. 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 (“request”), the ability to receive quotes from mechanics to requests 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 Website (“Feedback”).

You must only request Quotes if you have a genuine requirement for the work detailed 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 Services. 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 Part D paragraph 2 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" the 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.

3. Our Responsibilities to you

We will provide the WCFMC Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use the WCFMC Services 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 Services responsibly, we cannot guarantee the accuracy, integrity or quality of any information you view or receive via the Services which is provided by third parties. This includes any information contained in the details of mechanics who are listed in our directory (“Listings”) or Quotes you may receive from mechanics.

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

If you use the Services you also acknowledge and agree that information contained in any Quotes you receive from requests you have posted are intended to be indicative only and will not form the basis of a binding contract between you and any mechanic. If you choose to instruct a mechanic to carry out any work for you as a result of your use of the Services 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 Services.

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.

PART C – TERMS APPLICABLE TO MECHANICS

Part C of these Terms of Use set out certain terms and conditions which are applicable to any person or business registering as a “mechanic” on our Website or using the Website as a mechanic (a “Mechanic”).

1. Registering as a Mechanic

In order to benefit from all the features of the WCFMC Services 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 and insurance documents 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 you are forming a contract with us. The contract between us will consist of your registration details, these Terms of Use, our Privacy Policy and our Code of Conduct.

2. 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 post quotes for such Jobs (“Quotes”).

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 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 Services including any content contained in Listings and any Quotes complies with the provisions of our Acceptable Use Policy set out in Part D paragraph 2 of these Terms of Use below.

Full details of the services available to Mechanics on our Website 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 service without notice.

3. Membership and Payment Terms

In order to have your Listing published in the 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 a will be posted on the Website from time to time.

By submitting a Quote for any particular Job you are also entering into a legally binding contract with us under which you agree to pay the notified success fee (the “Success Fee”) in the event that your in the Quote 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 Job will be shown to you before you submit a Quote for that Job. You agree to notify us promptly (and in any event within two (2) working days) if you are selected or engaged by a Driver to undertake any Job in respect of which you have submitted a Quote, by updating your account details accordingly. You agree that you will be liable to pay the Success Fee if we are informed that you have been selected or engaged to undertake the Job, or if we have reasonably grounds for believing that you were selected or engaged, irrespective of whether the Job is ultimately completed or is cancelled. We shall be under no obligation to refund Success 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 one (1) month after we collected the Success Fee (are first attempted to do so).

Unless otherwise stated, all Membership Fees and Success 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 Membership Fees and/ or Success Fees due under this agreement (or agreed in writing to collect payment by some other method) we require that all Membership Fees and Success 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 Membership Fees and/ or Success 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 Membership Fees or Success 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 administration fee of £5 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 Service until any outstanding sums are paid in full and/ or to terminate our agreement with you in accordance with Section 5 of Part D below.

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.

By becoming a member you agree that your membership will renew automatically every year and that the annual Membership Fee will be automatically charged to you, unless you have notified usbefore the renewal date that you do not wish to wish to renew your membership. 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.

4. Our Responsibilities to you

We will provide WCFMC Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use the Services 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 invite or enable Mechanics to post Quotes to Jobs based on criteria which we (in our absolute discretion) may determine from time to time. In addition you acknowledge that the number of Quotes which may be posted or transmitted to a Driver in relation to any particular Job may be limited in number and we may accept Quotes on a first come first served basis. Accordingly, we do not provide any guarantee that registering as a Mechanic will result in you being invited to post Quotes 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 Services will result in you winning any work or any particular volumes or 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 Services responsibly but cannot guarantee the accuracy, integrity or quality of any Jobs or other Material which is posted by third parties.

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.

5. Your Responsibilities

You agree to abide by these Terms of Use when using the WCFMC Services and in your dealings with Drivers.

You also agree to abide by the Whocanfixmycar 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 of Use 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 providing a Quote to that Driver and (if your are selected to undertake the work) for the purposes of 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 Request which is posted on this Website 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 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 Services in connection with your own business and must not (without our prior written consent) use the Services for the benefit of any other business providing automotive repair and maintenance services.

PLEASE NOTE: By registering as a Mechanic and by using the Services you are agreeing that you shall be solely responsible for and shall indemnify us and hold us harmless from any costs, losses or claims which may result from any information you submit or transmit via the Services or from any work which you agree to perform for any Driver or from your dealings with any Driver or your use of their information.

PART D – GENERAL TERMS APPLICABLE TO ALL USERS

Part D of these Terms of Use set out certain terms and conditions which are applicable to all users of the WCFMC Service including Drivers and Mechanics.

1. Passwords and Security

If you register to use WCFMC Services 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 us WCFMC Service. You must keep your ID confidential and must not disclose it or share it with anyone. 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 of Use, 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.

2. Acceptable Use Policy

The Services allow registered users to create, edit and submit material for inclusion on or transmission via the Services, including (without limitation) by creating Listings, posting Jobs, posting Quotes for Jobs and posting Feedback (“Material”). Whilst we do not seek to monitor or control the submission of Material, we do reserve the right to delete, move and edit any Material 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 Services. You are solely responsible for all Material you submit for inclusion on or transmission via the Services. You must ensure that all Material you transmit via the Services is lawful and honest. In particular you must not post or transmit via the Services any Material 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).

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

3. Disclaimers

Whilst we endeavour to ensure that the information available on or through the Services 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 Services 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 Services will meet your requirements. We cannot guarantee that the Services will be fault or virus free or continuously available. Your access to the Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may discontinue the Services, or any part thereof by giving reasonable notice at any time.

4. 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 Services or any fault or problem relating to the Services or any content received via the Services.

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 can not be excluded or limited under applicable law. Your statutory rights as a consumer are not affected by these Terms and Conditions.

5. Termination of Services

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

You may cancel your registration at any time by informing us in writing. If you do so you must stop using The Services. If you are a Mechanic and 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 Services shall not affect either party’s statutory right or liabilities.

6. Intellectual Property

Unless otherwise stated, the copyright, database right and other intellectual property rights in the WCFMC Services (including without limitation all content, data, materials and technology used or appearing in the Services 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 submitted via the WCFMC Services. You agree that all intellectual property rights and other rights in such data shall belong to Whocanfixmycar.com Limited 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.

7. Privacy and Cookies

The WhoCanFixMyCar.com website 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. 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.

8. General

All notices shall be given to us via email or by post using the contact details set out in Part A 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 of Use is held by any court of competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms of Use and the remainder of the affected provisions shall continue to be valid.

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

We may revise these Terms of Use at any time. You are expected to check these Terms of Use 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 of Use may also be superseded by provisions or notices published elsewhere on our Website.

9. Applicable Law

These Terms and 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 of Use were last updated on 20 January 2016.