Welcome 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 of Use (“Terms of Use”), “You” and “Your” means You the person using or visiting the App or the Website.

These Terms of Use, together with Our Privacy Policy, http://www.fixter.co.uk/privacy-policy 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”).

Please read these terms carefully before You submit Your order to Us. Our Privacy Policy is an essential part of these Terms of Use and by accepting these Terms of Use You also accept and consent to Our Privacy Policy. The App is currently 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 agree to be bound by these Terms of Use in addition to any usage rules or terms 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 Store Providers”) are party to these Terms of Use and that these Terms of Use are concluded between You and Us only.

We may vary these Terms of Use from time to time. However, if We do, We will notify 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 accept Our new Terms of Use If You do not accept such variations then You will no longer be able to access or use the App or use the Site.

  1. ABOUT US AND COMPLAINTS
    1. 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.
    2. 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 details:

      Email: support@fixter.co.uk
      Address: 153 Milton Keynes Business Centre, Foxhunter Drive, Linford Wood, Milton Keynes, MK14 6GD and Company Number 10426619
      Telephone number: 0800 368 8632

  2. ACCESS TO THE APP AND THE SITE AND LICENCE RESTRICTIONS
    1. 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.
    2. 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.
    3. 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.
    4. Subject to Your continued compliance with these Terms of Use and 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.
    5. If You breach any provision of these Terms of Use, this licence will immediately terminate and You must immediately cease use of the App and the Website.
    6. 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.
    7. If the App does not download on to Your Device successfully, You should:
      1. 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 due to Apple’s App Store and not due to a breach by You of these Terms of Use 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
      2. 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.
    8. Except as expressly set out in these Terms of Use or as permitted by any local law, You agree:
      1. 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;
      2. 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
      3. not to reverse engineer, decompile, disassemble or otherwise attempt to obtain the App’s or the Website’s source code.
  3. USE OF THE APP AND THE SITE
    1. You must:
      1. not provide false personal information when creating and maintaining Your Account profile on the App or the Website.
      2. 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;
      3. 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;
      4. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App or the Website; and
      5. 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 other users.
    2. 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 see our Privacy Policy, http://www.fixter.co.uk/privacy-policy.
    3. You agree to comply with all reasonable instructions that We may give You regarding Your use of the App and the Website.
  4. YOUR ACCOUNT
    1. 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 “Account”).
    2. 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.
    3. 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.
    4. 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.
  5. ORDERING SERVICES FROM US
    1. 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”).
    2. 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 to Us.
    3. 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)).
    4. 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.
    5. 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.
    6. 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”).
    7. 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 discretion.
  6. SERVICES PRICING
    1. 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.
    2. 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.
    3. We may update our Services prices and charges from time to time but these changes won’t affect any existing Contracts.
    4. All quotations are valid for 30 days from the date of issue, unless they include a specific promotional offer which has an earlier expiry date.
  7. PROVISION OF THE SERVICES
    1. 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”).
    2. 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 Clause 1.2.
    3. 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”).
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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 provided.
  8. CHANGES TO YOUR BOOKING
    1. 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 information).
    2. We may need to change Your Booking:
      1. if the information You have provided Us in the Booking is not correct or incomplete;
      2. if we are no longer available to fulfil Your Booking;
      3. to reflect changes in relevant laws and regulatory requirements; and
      4. where further essential work to Your car has been identified upon inspection or commencement of the Services;
      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.
  9. CHANGING YOUR MIND ABOUT YOUR BOOKING
    1. You 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 mind.
    2. If 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 form https://www.fixter.co.uk/contact-us/ or contacting us using the details set out in Clause 1.2 above.
    3. If 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 Booking. 
  10. PROBLEMS WITH THE SERVICES
    1. We 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/.
    2. If 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.
    3. Without 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 Your car.
    4. We 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.
  11.  THIRD PARTY WEBSITES
    1. The App and the Website may contain content from and links to various websites. These Terms of Use will not apply to Your use of any website that You access 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 proceeding.
    2. Third 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 risk.
  12. INTELLECTUAL PROPERTY
    1. For the purposes of these Terms of Use, “Intellectual Property Rights” means 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.
    2. All 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 times.
    3. These Terms of Use are not intended to prevent You taking personal copies of any information from the App or the Website or disclosing such information free of charge, to friends or relations for non-commercial purposes.
  13. WARRANTIES AND DISCLAIMERS
    1. We 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 partners).
    2. Except as expressly provided in these Terms of Use, the App, the Website and all 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 law.
    3. We 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.
  14. LIMITATION OF LIABILITY
    1. Nothing in these Terms of Use limits or excludes our liability for anything that cannot be excluded by applicable law.
    2. Subject to Clause 14.1, You agree that neither We nor the applicable App Store Provider shall be liable for:
      1. Any direct loss, claim or damage (save for as set out in these Terms of Use);
      2. Any 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
      3. Any 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:
        1. Any use of this App, the Website or their contents;
        2. Any 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
        3. Any 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.
    3. Without 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.
    4. You 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.
    5. We, 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:
      1. If 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
      2. If 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.
    6. We, 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:
      1. product liability claim;
      2. Intellectual 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 requirements; and
      3. claim arising under consumer protection or similar legislation.
  15. TERMINATION
    1. We 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.
    2. You may uninstall the App from Your Device at any time.
    3. Neither 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 uninstallation.
  16. DATA PROTECTION AND PRIVACY
    1. We will only use any personal information that We may collect about You in accordance with Our Privacy Policy. Our Privacy Policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to Our Privacy Policy.
  17. ASSIGNMENT AND THIRD PARTY RIGHTS
    1. Subject to Clause 17.2, no one other than a party to these Terms of Use shall have any right to enforce any of its terms.
    2. Notwithstanding any other term of this Privacy Policy, if at any time we wish to appoint any other person (the New Licensee Entity) in our place for the purposes of this Privacy Policy:
      • (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 Terms of Use in our place with effect from the New Entity Date and shall from that date be entitled to all of our rights, entitlements, remedies and benefits under these Terms of Use and shall be obliged to perform or discharge all of our outstanding obligations and liabilities under these Terms of Use and all references to us in these Terms of Use shall be read and construed as if they instead referred to the New Licensee Entity as if in each case the New Licensee Entity had always been a party to these Terms of Use as an original contracting party; and
      • (d)      with effect from the New Entity Date, we shall be unconditionally and irrevocably discharged from any obligations and liabilities under these Terms of Use arising on or after the New Entity Date.
  18. GENERAL
    1. Any failure or delay by Us to enforce any of Our rights under these Terms of Use 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.
    2. Other than as set out in Clause 17, these Terms of Use are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to these Terms of Use. Notwithstanding the foregoing, You acknowledge and agree that the applicable App Store Provider (and each of its respective subsidiaries) is a third party beneficiary of these Terms of Use and therefore may enforce its respective rights under these Terms of Use against You.
    3. If any Clause or part of a Clause of these Terms of Use is or becomes invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.
    4. These 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.
    5. Alternative 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.
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