Mechanic Terms & Conditions
These Terms & Conditions (together with the documents referred to in them) govern your use of our website at www.cargurufix.com and all related sites, services, applications, and tools, which we operate from time to time (the “CGF Service”).
These Terms and Conditions apply to you if you register to use the CGF Service as a mechanic, or use the CGF Service as a mechanic (a “Mechanic”). If you are registering to use the CGF Service as a driver, or you are using the CGF Service as a driver (a “Driver”) please refer to our Driver Terms & Conditions.
By using the CGF 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.
REGISTERING AS A MECHANIC
In order to benefit from all the features of the CGF 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.
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 CGF 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 CGF 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 CGF 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 CGF Service without notice.
In order to have your Listing published in the CGF Service and in order to submit Quotes for Jobs, Mechanics must subscribe to a plan. Information about our Subscription Fees will be posted on the CGF Service from time to time.
Please note that payments made for Subscription 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 you abide by the subscription plan conditions. You will receive an email few days before the expiry of the subscribed plan informing you that this is about to happen.
You are responsible for paying all fees together with any applicable taxes 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 $10.00 (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. 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 CGF 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
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 CGF Service to you using reasonable skill and care and in accordance with these Terms & Conditions. However, if you use the CGF 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 CGF 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 CGF 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 (Cargurufix.com) 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.
You agree to abide by these Terms and Conditions when using the CGF Service and in your dealings with Drivers.
You also agree to abide by the CGF Code of Conduct at all times when using the CGF 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 CGF 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 CGF 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 CGF 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 CGF 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 CGF Service in connection with your own business and must not (without our prior written consent) use the CGF Service 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 all products, services and work you may undertake or perform for any Driver or supply to any Driver and for your dealings with any Driver. You agree to indemnify us and hold us harmless from any costs, losses or claims which we may suffer or incur and which result from any information you submit or transmit via the CGF Service or from any work which you may agree to perform for any Driver or from your dealings with any Driver or your use of their information.
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 CGF Service you will be asked to provide a valid and current email address. You will then receive a verification email which you will have to verify in order to activate and access your account and use CGF Service. You must keep your login credentials 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 login credentials.
If you believe there has been a breach of security such as the disclosure, theft or unauthorised use of your login credentials, you must notify us immediately. If we reasonably believe that your login credentials are being used in any way which are 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 login credentials until the issues has been resolved.
ACCEPTABLE USE POLICY
The CGF Service allows users (including Mechanics and Drivers) to create, edit and submit material for inclusion on or transmission via the CGF 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 CGF Service. You are solely responsible for all User Content you submit for inclusion on or transmission via the CGF Service. You must ensure that all User Content you transmit via the CGF Service is lawful and honest. In particular you must not post or transmit via the CGF 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).
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 CGF Service for the purpose of operating the CGF Service.
Whilst we endeavour to ensure that the information available on or through the CGF 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 CGF 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 CGF Service will meet your requirements. We cannot guarantee that the CGF Service will be fault or virus free or continuously available. Your access to the CGF Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may change or discontinue the CGF Service, or any part thereof by giving reasonable notice at any time.
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 CGF Service or any fault or problem relating to the CGF Service or any content received via the CGF Service.
If we are found to have any liability to you under or in connection with these Terms & Conditions or in relation to the CGF 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.
We may suspend or cancel your registration and/ or terminate your access to CGF Service and/ or our agreement with you, if you are in breach of these Terms & Conditions or have made improper use of the CGF Service or we have reason to believe that you may have breached these Terms and Conditions or made improper use of the CGF 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 CGF 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 CGF Service shall not affect either party’s statutory right or liabilities.
Unless otherwise stated, the copyright, database right and other intellectual property rights in the CGF Service (including without limitation all content, data, materials and technology used or appearing in the CGF Service or transmitted through it) belongs to us or our licensors. All rights are reserved.
By using the CGF Service you acknowledge and agree that we collect aggregated and anonymised data concerning usage of the CGF Service and the Jobs and Quotes and Quoting Data submitted to or via the CGF Service. You agree that all intellectual property rights and other rights in such aggregated and anonymised data shall belong to Cargurufix.com and we may use this data for any purpose whatsoever. However, this data will not include any information from which particular users of the CGF Services (including any Drivers or Mechanic) can be identified.
PRIVACY AND COOKIES
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 CGF Service from time to time.