Terms and Conditions

The Service

1.www.mymotorbuddy.com is an online service, enabling you to access our network of car mechanics and request for one of these mechanics to diagnose a problem with your car, to prepare a quote or to repair your car and/or perform maintenance on your car. www.mymotorbuddy.com does not provide the services directly and only provides information to enable you to make a choice. www.mymotorbuddy.com does not provide recommendation nor promote any service, but does provide a forum for you and previous users to post comments about our mechanics.

2.www.mymotorbuddy.commakes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition,www.mymotorbuddy.commakes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability ofwww.mymotorbuddy.comhowsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

3.These terms should be read in conjunction with the generalTerms of UseandPrivacy Policy

 

Changes to the Agreement

4. We reserve the right to alter this Agreement at any time and it is your obligation to check if changes have been made. Your use of www.mymotorbuddy.com after changes are posted on-line shall constitute acceptance of the new Agreement.

Access to Website

5.Access to www.mymotorbuddy.com is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on www.mymotorbuddy.com without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

6.From time to time, we may restrict access to some parts of www.mymotorbuddy.com, or our entire www.mymotorbuddy.com, to users who have registered with us, or in accordance with any information which you have made available to us under this Agreement.

Registering an account

7. To gain access to certain services on www.mymotorbuddy.com you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username with we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

Intellectual Property

8.You acknowledge that all of the intellectual property rights in the Service are owned by www.mymotorbuddy.com or its licensors. You shall not;

·reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Service; or

·(ii) rent, lease, loan, or sell access to the Service. We reserve the right to modify, enhance, or discontinue the Service at any time.

9.All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trademarks, names or logos.

10.We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

11.Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of www.mymotorbuddy.com. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of www.mymotorbuddy.com nor incorporate it into another website without our express written permission.

Liability

12.You acknowledge that it is your responsibility to select a business or garage and to negotiate the terms of any Work to be performed.www.mymotorbuddy.commakes no warranty regarding any goods or services purchased or obtained through an introduction made via its Website or the Services or any transactions entered into through its Website.

13.The Company relies on data provided by Members and Third Parties to determine which Car Garage are included in the database accessible via the Website and does not recommend or endorse any specific Car Garage.

14.The material displayed on www.mymotorbuddy.com is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

?All conditions, warranties and other terms which might otherwise by implied by statute.

?Any liability for an direct, indirect or consequential loss or damage incurred by any user in connection with www.mymotorbuddy.com or in connection with the use, inability to use, or results of the use of www.mymotorbuddy.com any websites linked to it and any materials posted on it, including without limitation any liability for:

a) Loss of income or revenue

b) Loss of business

c) Loss of profits or contracts

d) Loss of anticipated savings

e) Loss of data

f) Loss of goodwill

g)Wasted time

·and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

15.This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

16.We are not liable for any failure to perform any of our obligations under these terms and conditions

17.www.mymotorbuddy.comprovides no guarantee that Car Garage to whom it has passed a Customer's will return the contact or undertake advice, quotes or works.

18. www.mymotorbuddy.comcannot accept any liability in respect of any contract or other agreement entered into between the Customer and the Car Garage. In particular, but without limitation, the Company can accept no liability relating to the quality or fitness of any Work performed or omitted to be performed by any Car Garage and accordingly shall not be liable to the Customer for any occurrence resulting from the introduction of the Car Garage to the Customer including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Customer howsoever arising.

Monitoring, Feedback, Ratings, Reviews and Testimonials

19.www.mymotorbuddy.comcollects feedback from consumers regarding the conduct and performance of trade members who have completed work for them, either, electronically via the site. You agree to allow us to publish this feedback in full or in part andwww.mymotorbuddy.com retains all copyright.

20.www.mymotorbuddy.com reserve the right to moderate all testimonials, feedback and reviews

21.www.mymotorbuddy.com reserves the right to remove any testimonials, feedback or reviews it feels are malicious or libellous.

22.www.mymotorbuddy.com has no liability for reviews posted on the website.

 

Machnify.com Motor-Miles Loyalty Scheme

23.Machnify.com Motor-Miles is a customer Loyalty Scheme that allows customers to accrue Loyalty Points for using of Mechanifiy.com. The Loyalty Points are only redeemable for services at Mymotorbuddy.com participating businesses.

24.The scheme is valid on the Mymotorbuddy.com web site only. It is not valid on any other web site.

25.The points allocated through the scheme are personal to the account holder of the Mymotorbuddy.com website account and the allied loyalty scheme account to which the points have been allocated. They cannot be transferred to any other person or account. Nor can they be sold, or traded in any way.

26.The scheme is only intended for personal use. Points cannot be collected for use by a business

27.Mymotorbuddy.com do not accept any liability for the loyalty scheme accounts that have been sabotaged due to any actions of the account owner.

28.In administering the scheme Mymotorbuddy.com will be processing your personal details. Please see ourPrivacy Policyinn order to understand how we do this and your rights

29.We reserve the right, at any time without notice, to end the scheme or decline to issue any membership to the scheme.

30.We can take any action we believe to be appropriate if we have reason to believe that you are abusing the scheme, including withholding points previously credited to your loyalty scheme account

31.We may modify the terms of the scheme in any way that we choose at any time. Changes to the terms will not affect points that you have already collected. These terms are valid from 01/01/2018.

32.The approximate notional monetary value of Machnify.com Motor-Miles points is 1 point equals £1. The notional value is for guidance only no monetary value is attached to Machnify.com Motor-Miles points

33.Machnify.com Motor-Miles can not be redeemed for cash or any other consideration.

34.The level of discount and the number of Machnify.com Motor-Miles points redeemable against each works is at the discretion of the Mechanifiy.com business.

35.Machnify.com Motor-Miles Loyalty Points can be collected from participating Mymotorbuddy.com businesses for, but not restricted to:

a.Referring customers to Mymotorbuddy.com businesses and services

b.Becoming a Friend/Liking Mymotorbuddy.com on Facebook

c.Following Mymotorbuddy.com on Twitter

d.Signing up to participating businesses

e.Taking up services from a Mymotorbuddy.com business and booking the service through the Mymotorbuddy.com

 

Force Majeure

36.A party, provided that it has complied with the other provisions of this Agreement, shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:

37. Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster

·War, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off or diplomatic relations or similar actions

·Terrorist attack, civil war, civil commotion or riots

·Nuclear, chemical or biological contamination or sonic boom

·Compliance with any law or governmental order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent

·Fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the party seeking to rely on this clause or companies in the same group as such party) or accidental damage

·Loss at sea

·Extreme adverse weather conditions

·Collapse of building structures, failure of plant machinery, machinery, computers or vehicles

·Any labour dispute, including but not limited to strikes, industrial action or lockouts

·Interruption or failure of utility service, including but not limited to electric power, gas, water or internet services.

38.The corresponding obligations of the other party or parties will be suspended to the same extent as those of the party first affected by the Force Majeure Event.

39.Any party that is subject to a Force Majeure Event shall not be in breach of this agreement provided that it promptly notifies the other parties of the nature and extent of the Force Majeure Event causing its failure or delay in performance, and it has used all reasonable endeavours to mitigate the effect of the Force Majeure Event to carry out its obligations under this agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.

Links to external sites

40. www.mymotorbuddy.com contains hypertext links to external websites that are not operated by us. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

General

41. We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on www.mymotorbuddy.com and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions.

Severance

42.If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.

43.If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Third party rights

44.A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

45.The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not party to this agreement.

Notices

46. Any notice or other communication required to be given under this agreement shall be given to www.mymotorbuddy.com by email tohello@mymotorbuddy.comor through the Website where possible.

Governing Law and Jurisdiction

47. These terms and conditions shall be governed by and in accordance with