to Fixter (the “App”) and the website www.fixter.co.uk (the “Site”) brought to
You by Fixter Limited, with its registered office at 153 Milton Keynes Business
Centre, Foxhunter Drive, Linford Wood , Milton Keynes, MK14 6GD and Company
Number 10426619 (“Fixter”) (“Us”, “We” or “Our”). In this App and Website Terms
visiting the App or the Website.
set out how You may use the App and the Website and any of the car maintenance
services made accessible through the App and the Site (the “Services”).
read these terms carefully before You submit Your order to Us. Our Privacy
available via the Apple App Store and Google Play (together the App Stores). By
downloading, accessing and/or using the App, the Website and Services, You
of services which may apply between You and the applicable App Store that You
access the App from, including without limitation Apple’s App Store Usage Rules
and Google Play Terms of Services (the “App Store Terms”). You acknowledge and
agree that neither Apple Inc. or Google Inc. as may be applicable (the “App
are concluded between You and Us only.
You of any variations that are going to be made by Us reasonably in advance of
the date on which such variations take effect. We will also invite You to
no longer be able to access or use the App or use the Site.
- ABOUT US AND COMPLAINTS
- This App and the Website are owned and operated by by Fixter Limited,
with its registered office at 153 Milton Keynes Business Centre, Foxhunter
Drive, Linford Wood, Milton Keynes, MK14 6GD and Company Number 10426619.
- If You would like to contact Us or make a complaint about anything
contained in the App or the Website, please contact Us using the following
Milton Keynes Business Centre, Foxhunter Drive, Linford Wood, Milton Keynes,
MK14 6GD and Company Number 10426619
Telephone number: 0800 368 8632
ACCESS TO THE APP AND THE SITE AND LICENCE RESTRICTIONS
- The App, the Website and the Services are intended for use in the
United Kingdom only. We have the right to reject Your registration or terminate
Your account if are not resident in the United Kingdom.
- If you are under the age of 18, please do not use the App or the
Website. By using the App or the Website you confirm to us that you are 18
years old or over and a resident in the United Kingdom.
- The App and the Website are currently made available to You for
Your personal, non-commercial use, free of charge, although we do of course
charge for Services You order via the App and/or the Website. You agree that we
can change this at a later date as long as we let You know in plenty of time
before we start charging for use of the App or the Website.
any applicable App Store Terms, we hereby grant to You a non-exclusive,
non-transferable, non-sublicensable, revocable, perpetual licence to access and
use: (a) the Site; and (b) the App on the device You used to download the App
and on any other compatible device registered to Your applicable App Store
account (each a “Device”), each for Your own personal, non-commercial use,
except that in the case of the App it may be accessed, acquired, and used by
other accounts associated with You via family group sharing.
will immediately terminate and You must immediately cease use of the App and
- You are responsible for obtaining (at Your own cost) all necessary
devices and telecommunications services required to access the App and the
Website. You are also responsible for ensuring that no person uses Your Device
to access the App or the Website without Your permission. We will be entitled
to assume that anyone who accesses the App or the Website using Your Device has
Your permission to do so and You will be responsible for any charges, costs or
liabilities that may be incurred by any such persons whilst using Your Device.
- If the App does not download on to Your Device successfully, You
- if You downloaded the App via the Apple App Store, contact Apple
as soon as possible using the “Report a Problem” link in the invoice that will
be provided to You by Apple following the completion of the App’s download.
Apple may, after investigating the reason for the App’s failure to download to
Your Device successfully and determining that the reason for such failure is
or Apple’s App Store Terms of Service (as amended from time to time), provide
You with a replacement download of the App if such failure can be resolved; or
- if You downloaded the App via Google Play or the Amazon App Store,
contact Us as soon as possible using the contact details set out in Clause 1.2.
by any local law, You agree:
- not to copy the App or the Website except where such copying is
incidental to normal use of the App or the Website, or where it is necessary
for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt,
vary or modify the App or the Website; not to make alterations to, or
modifications of, the whole or any part of the App or the Website, or permit
the App or the Website or any part of them to be combined with, or become
incorporated in, other programs; and
- not to reverse engineer, decompile, disassemble or otherwise
attempt to obtain the App’s or the Website’s source code.
USE OF THE APP AND THE SITE
- You must:
- not provide false personal information when creating and
maintaining Your Account profile on the App or the Website.
- not use the App or the Website in any improper or unlawful manner
or in breach of any legislation or licence that applies to You;
- not infringe our Intellectual Property Rights (as defined in
Clause 12.1 below) or those of any third party in relation to Your use of the
App or the Website;
- not transmit any material that is defamatory, offensive or
otherwise objectionable in relation to Your use of the App or the Website; and
- not use the App or the Website in a way that could damage, disable
overburden, impair or compromise Our systems or security or interfere with
- You hereby grant to us a non-exclusive, royalty-free,
sub-licensable, transferable, irrevocable (other than in relation to Your
personal data, which shall be a revocable licence) to the information, content
and data you provide to us via the Website and/or App for Our use in relation
to the Services. For more information about how we will use Your data please
- You agree to comply with all reasonable instructions that We may
give You regarding Your use of the App and the Website.
- If You would like to purchase Services from Us, You must first
create an account with Us via our App or the Website (we call this Your
- When registering for an Account, You must provide Us with true,
accurate, and complete data about Yourself and Your car and keep this
information up to date, otherwise we might not be able to process Your Booking.
- Your Account is personal to You and so You must keep Your Account
username and password confidential, and must not disclose it to any other
person or entity.
- If You think that someone other than You has accessed Your Account
without Your permission or if You lose Your username or password, You must let
Us know immediately using the Contact details in Clause 1.2 above.
ORDERING SERVICES FROM US
- You can make a request or order to purchase Services from Us
directly via Your Account by providing Us with all of the necessary information
that we need to confirm Your order (Your “Booking”).
- You can pay for Your Booking by using credit or debit cards and
any other methods as indicated on our App or the Site from time to time, and
will have to tell Us Your preferred payment method when You submit Your Booking
- Depending on Your payment method, You may be directed to a payment
gateway e.g. WorldPay via our App and review the total amount payable for Your
Booking before clicking ‘Order with obligation to pay’ to authorise the payment
and place Your Booking (once this has been completed, You’ll return to our App
or the Site (as applicable)).
- You confirm to Us that the payment card You use is Yours or that
You have been specifically authorised to use it to purchase Your Booking.
- By placing a Booking, You authorise Us to charge Your payment card
on completion of the Services for the full purchase price and we are entitled
to rely on placing a Booking as an instruction to Us to take Your payment.
- Once You’ve placed a Booking, we’ll send You an email to
acknowledge that we’ve received it and are reviewing it but this doesn’t mean
that we’ve accepted Your Booking just yet. Your Booking won’t be approved and a
contract of sale won’t be formed between Us until we have reviewed Your
Booking, verified your payment method and provided You with confirmation of
Your Booking by email (let’s refer to an accepted Booking as our “Contract”).
- If we are unable to accept Your Booking, perhaps because the
Services You’ve requested aren’t available or because Your payment method was
unsuccessfully verified, we will let You know by email and obviously won’t
charge You. However we have to reserve the right to reject Bookings in our sole
- All Services that we displayed in our App and on the Website are
priced in Pounds Sterling, inclusive of VAT, unless expressly stated otherwise
but are subject to availability.
- We do our best to make sure that Services and pricing information
are current and complete but won’t be liable for inaccurate or out of date
information. It’s possible that, despite our best efforts we may get Services
prices wrong from time to time; if we do, we will contact You for Your
instructions before we accept Your Booking and process Your payment.
- We may update our Services prices and charges from time to time
but these changes won’t affect any existing Contracts.
- All quotations are valid for 30 days from the date of issue,
unless they include a specific promotional offer which has an earlier expiry
PROVISION OF THE SERVICES
- We will try wherever possible to collect Your car at the time and
collection address as specified in the Booking confirmation, unless otherwise
agreed with You in writing (“Pick Up Point”).
- The estimated completion date for the Services is as told to You
in Your Booking confirmation, unless changes to Your Booking are necessary
(please see Clause 8 below). You are able to see the status of Your Booking in
the App or on the Site under the “Track My Order” menu option. If You need to
contact Us at any point during the provision of the Services please use the
Chat function in the App or on the Website or contact Us using the details in
- We will try wherever possible to deliver Your car back to You at
the time and delivery address as specified in the Booking confirmation, unless
otherwise agreed with You in writing (“Drop Off Point”).
- We will remind you either via the App, Website and/or by sending
you a text message to your registered device 2 hours before we pick up and drop
off your car.
- If You are not at the Pick Up Point, and if we are unable to
contact You after repeated attempts we will cancel Your Booking. If You are not
at the Drop Off Point and if we are unable to contact You after repeated
attempts, we may have to arrange storage of Your car at a local garage or other
storage facilities. If this happens, we will let You know and charge You for
the associated storage costs and the delivery costs incurred with re-delivering
Your car to You.
- Upon collection and delivery of Your car, You will be asked to
sign a receipt from one of our appointed drivers, and You may also be asked to
provide identification documents (photo driving licence or passport) so we can
be sure You are who You say You are.
- Any parts fitted to Your car will come with a manufacturer’s
guarantee, which apply from the date of the Contract. Please ensure You retain
a record of Your Contract and any information we supply to You relating to
guarantees for parts supplied.
- We can’t be responsible for delays outside of our control but if
we let You know that there’s a substantial risk of delays to the provision of
the Services and if You can’t wait for Your Services, You can contact us to
cancel Your Contract and ask for a refund of any Services not performed or
CHANGES TO YOUR BOOKING
- If You wish to make a change to Your Booking please contact Us. We
will let You know if the change is possible. If it is possible we will let You
know about any changes to the price of Your Booking, the timing of supply or
anything else which would be necessary as a result of Your requested change and
ask You to confirm whether You wish to go ahead with the change. If we cannot
make the change or the consequences of making the change are unacceptable to
You, You may want to end the Contract (please see Clause 9 for more
- We may need to change Your Booking:
but in any event we
will notify You and obtain your approval before any changes (including the
price) to Your Booking are made. If You are unhappy with these changes, You may
then contact Us to end the Contract before the changes take effect and receive
a refund for any Services not provided.
- if the information You have provided Us in the Booking is not
correct or incomplete;
- if we are no longer available to fulfil Your Booking;
- to reflect changes in relevant laws and regulatory requirements;
- where further essential work to Your car has been identified upon
inspection or commencement of the Services;
CHANGING YOUR MIND ABOUT YOUR BOOKING
have the right to cancel Your Booking and receive a full refund for any reason
from the date You place Your Booking until the expiry of 14 days from the day
the Contract was made (i.e the day that You received an email from Us accepting
Your Booking). However, once we have completed the Services You cannot change
Your mind, even if the 14 day period is still running. If You cancel after we
have started (but not yet completed) the Services, You must pay Us for the
Services provided up until the time You tell Us that You have changed Your
You would like to cancel Your Booking, You can let Us know by using the Chat
function in the App or on the Site, you may send us the online cancellation
or contacting us using the
details set out in Clause 1.2 above.
You cancel Your Booking and You are due a refund we will refund You by the
method You used to pay for the Services, as soon as possible and this will be
no later than 14 days’ from the date You tell Us that You’re cancelling Your
PROBLEMS WITH THE SERVICES
are under a legal duty to supply You with Services that conform with our
Contract and which are carried out with reasonable care and skill, and the
parts we use to fulfil those Services must be as described, fit for purpose and
of satisfactory quality. Your right to cancel set out in Clause 9 above does
not affect Your legal rights as a consumer in relation to Services. For more
information please see https://www.citizensadvice.org.uk/.
You have any questions or complaints about the Services that You’ve received,
if items are faulty or the Services provided are not what You ordered, please
contact Us immediately using the details set out at Clause 1.2 above with Your
details and a description of the problem.
affecting Your general rights as a consumer, if the Services were provided in
accordance with the Contract and with reasonable skill and care, and the parts
fitted were correct, not faulty or defective then we will generally be unable
to provide any refund for Services provided or an exchange on parts fitted to
may need to cancel Your Contract in the event that You did not provide Us with
accurate or complete information, including Your personal information, details about
Your car or other Booking information, or if You otherwise break our Contract.
We will first contact You to try and obtain or correct the information in
question or resolve the problem, however if we are unable to contact You after
a number of attempts or otherwise unable to resolve the problem, we may cancel
Your Contract and make a refund to You for any Services not provided.
- THIRD PARTY WEBSITES
App and the Website may contain content from and links to various websites.
via the App or the Website. Your use of any such website may be subject to
additional terms and conditions, which We suggest You read carefully before
party websites are in no way approved, vetted, checked or endorsed by Us or by
the applicable App Store Provider and You agree that neither We nor any App
Store Provider shall be responsible or in any way liable for the content,
accuracy, compliance with relevant laws or accessibility of any information,
data, advice or statements or for the quality of any products or services
available on such websites. Links do not necessarily imply that We are or that
the App or the Website is affiliated to or associated with such third party
websites. If You decide to visit any other website, You do so at Your own
patents, registered and unregistered trade marks and service marks, domain
names, registered designs and design rights, copyright (including such rights
in computer software and databases), database rights and moral rights (in each
case for the full period thereof and extensions, revivals and renewals thereof),
applications for the foregoing and the right to apply for any of the foregoing
anywhere in the world, and all similar rights anywhere in the world including
those subsisting in inventions, designs, drawings and computer programs.
Intellectual Property Rights in and to the App and the Website and any and all
features, content, materials and information made available via the App and the
Website are owned by and shall remain owned by Us or Our licensors at all
information from the App or the Website or disclosing such information free of
charge, to friends or relations for non-commercial purposes.
WARRANTIES AND DISCLAIMERS
will exercise all reasonable skill and care in providing the App, the Website
and the Services to You. However, We are not able to guarantee the availability
of the App, the Website or the accuracy, completeness, currency or reliability
of any features, content, materials or information on the App or the Website
that derives from third parties (including any of Our licensors or third party
features, content, materials and information provided through them are provided
on an "as is" basis without guarantee of any kind and any conditions,
statements and warranties (including any warranty of reliability, completeness,
accuracy or non-infringement) are excluded to the fullest amount permissible by
will use reasonable endeavours to check that our Services are suitable for Your
Booking, however we cannot guarantee that our Services will always meet Your
requirements. Therefore we advise You to check any features, content, materials
and/or information provided to You through the App and the Website as any
reliance that You place on the accuracy, completeness, currency or reliability
of that information is at Your own risk.
LIMITATION OF LIABILITY
be excluded by applicable law.
to Clause 14.1, You agree that neither We nor the applicable App Store Provider
shall be liable for:
indirect loss, claim or damage, or any punitive, special, incidental or
consequential damages of any kind (including lost savings or loss or corruption
of data); or
loss of profit (whether direct or indirect), in each case whether based in
contract, tort (including negligence), strict liability, or otherwise, which
arises out of or is in any way connected with:
use of this App, the Website or their contents;
failure or delay in the use of any component of the App, the Website or any
service including any unavailability of the App, the Website or the Services
irrespective of duration of any period of unavailability; or
use of or reliance upon any feature, content, material, information, software,
products, services and related graphics obtained through the App or the
Website, in all cases even if We have been forewarned of the possibility of
such loss or damage.
limiting the effect of Clause 14.2, due to the inherent risks of using the
internet, We cannot be liable for any damage to, or viruses that may infect,
Your device or any other property when You are using the App or the Website.
The downloading or other acquisition of any features, content, materials or
information made available via the App or the Website is done at Your own
discretion and risk and with Your agreement that You will be solely responsible
for any damage to Your device or loss of data that results from the downloading
or acquisition of any such materials.
acknowledge and agree the applicable App Store Provider has no obligation
whatsoever to provide any maintenance and/or support services with respect to
the App and the Website. Any maintenance and/or support queries should be
addressed to Us using the contact details set out in Clause 1.2. We will
respond to customer support enquiries within three (3) working days, and within
24 hours to any concerns identified as critical by an App Store Provider.
and not the App Store Provider, shall be responsible to You for any failure of
the App or the Website to comply with any product warranties relating to the
App or the Website, whether expressed or implied by law, and which We are not
permitted to exclude or disclaim because of applicable law. If the App fails to
conform to any such warranty:
You downloaded the App via the Apple App Store, You may notify Apple, and Apple
will refund the purchase price for the App to You, if any, however
notwithstanding the foregoing, to the maximum extent permitted by applicable
law, Apple will have no other warranty obligation whatsoever with respect to
the App or the Website; or
You downloaded the App via Google Play or the Amazon App Store, You should
contact Us as soon as possible using the contact details set out in Clause 1.2.
and not the applicable App Store Provider, will be solely responsible for
addressing any claims that You or any third party may have with respect to the
App, the Site or Your possession or use of the App, or the Site including, but
not limited to any:
- product liability claim;
Property Rights claim brought against You by a third party; claim that the App
or the Website fails to conform to any applicable legal or regulatory
arising under consumer protection or similar legislation.
may remove the App or the Website or cease providing any of the features,
content, materials, information or services provided via the App or the Website
at any time in Our absolute discretion for any reason whatsoever.
may uninstall the App from Your Device at any time.
Clause 15.1 nor Clause 15.2 will affect an existing Contract and any accrued
rights and liabilities of either You or Us as at the time of such removal or
DATA PROTECTION AND PRIVACY
- We will only use any personal information that We may collect
ASSIGNMENT AND THIRD PARTY RIGHTS
right to enforce any of its terms.
other person (the New Licensee Entity) in our place for the purposes of this
- (a) we shall serve written notice on you informing you of
that fact and the date (the New Entity Date) on which the appointment of the
New Licensee Entity is to take effect;
- (b) we shall procure that the New Licensee Entity shall on or
prior to the New Entity Date provide written confirmation to you that the New
Licensee Entity shall assume our obligations and liabilities under these Terms
of Use with effect from the New Entity Date;
- (c) the New Licensee Entity shall become a party to these
that date be entitled to all of our rights, entitlements, remedies and benefits
instead referred to the New Licensee Entity as if in each case the New Licensee
- (d) with effect from the New Entity Date, we shall be
unconditionally and irrevocably discharged from any obligations and liabilities
will not be taken as or deemed to be a waiver of that or any other right unless
We acknowledge and agree to such a waiver in writing.
benefit of, and will not be exercisable by, any person who is not a party to
that the applicable App Store Provider (and each of its respective
valid and enforceable.
terms are governed by English law and You can bring legal proceedings in the
English courts. If You live in Scotland You can bring legal proceedings in
either the Scottish or the English courts. If You live in Northern Ireland You
can bring legal proceedings in either the Northern Irish or the English courts.
dispute resolution is a process where an independent body considers the facts
of a dispute and seeks to resolve it, without You having to go to court. If You
are not happy with how we have handled any complaint, You may want to submit
the dispute to an online resolution to the European Commission Online Dispute
Resolution platform (click here).
If You are not satisfied with the outcome
You can still bring legal proceedings.