TERMS AND CONDITIONS

TERMS OF USE
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 MyCarNeedsA.com (the “MyCarNeedsA.com Services” or “The Services”). By using the MyCarNeedsA.com Services you confirm that you accept these Terms of Use and that you agree to abide by them.

PART A – INFORMATION ABOUT US
The MyCarNeedsA.com Services are operated by MyCarNeedsA.com (“We”). Is a trading name for HIS Limited and have our registered office at 22 Derryall Road, Portadown, Co Armagh, Northern Ireland, BT62 1PL

Our main trading address and principal place of business is at HIS Limited, 22 Derryall Road, Portadown, Co Armagh, Northern Ireland, BT62 1PL. Our VAT Number is 187 53 11 88. Please visit the Contact Us page on this website for our contact details. MyCarNeedsA.com/contact-us

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 MyCarNeedsA.com Services or using the MyCarNeedsA.com Services as a driver (a “Driver”).

1. REGISTERING AS A DRIVER
In order to benefit from all the features of the MyCarNeedsA.com 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 and contact details. 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 an automotive repair or servicing work you need a Service providers to do for you (“Jobs”), the ability to receive quotes from Service providerss to Jobs you have posted (“Quotes”) and the ability to post feedback in relation to any Service providers you have used as a result of your use of the Website (“Feedback”).

You must only post a Job if you have a genuine requirement for the work detailed to be performed. You must only post Feedback in relation to a Service providers if you have used them as a result of your use of the MyCarNeedsA.com 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.

Full details of the services available to drivers will be published on MyCarNeedsA.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 MyCarNeedsA.com Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use the MyCarNeedsA.com 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 Service providerss who are listed in our directory (“Listings”) or Quotes you may receive from Service providers

If you use the www.MyCarNeedsA.com Services you acknowledge and agree that we do not endorse or recommend any of the Service providers who are listed or who use this The Services and we do not check or verify any information which Service providers 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 contact any Service providers 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 for Jobs you have posted are intended to be indicative only and will not form the basis of a binding contract between you and any Service providers. If you choose to instruct a Service providers 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 Service providers as a result of your use of The Services

PLEASE NOTE: We (MyCarNeedsA.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 Service providers to carry out.

PART C – TERMS APPLICABLE TO SERVICE PROVIDERS
Part C of these Terms of Use set out certain terms and conditions which are applicable to any person or business registering as a “Service providers” on our Website or using the Website as a Service providers (a “Service providers”).

1. REGISTERING AS A SERVICE PROVIDER
In order to benefit from all the features of the MyCarNeedsA.com Services available to Service providerss you will need to register with us as a Service providers by following the online prompts. You will be asked to provide certain information about your business including your business name and contact details. 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 and Conditions and our Privacy Policy.

2. PROVISION OF THE SERVICES TO SERVICE PROVIDERS
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 system. 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 Service providers 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 Services and in order to submit Quotes for Jobs, Service providers must become a member by paying the applicable monthly 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 a Job you are entering into a legally binding contract to pay the notified success fee (the “Success Fee”) in the event that yours in the Quote selected by the Driver. 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 pay the applicable Success Fee if your Quote is selected by a Driver irrespective of any subsequent interaction with the Driver.

Unless otherwise stated, all fees are quoted in Pounds Sterling. You are responsible for paying all fees and applicable taxes associated with our sites, services, applications, and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel. In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, services, applications, and tools until full payment is made.

In order to pay for your membership and/or to authorise us to deduct any Success Fees you are required to register a valid form of payment. It is your responsibility to check the details of your registration and payment methods carefully and to identify any errors before submitting. We are not obligated to provide you with The Services in the event that your payment information is incorrect. 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 month and that the monthly fee will be automatically charged to your preferred payment mechanism, unless you have notified us in writing at least seven (7) days before the renewal date that you do not wish to renew your membership. You will receive an email seven (7) days prior to renewal informing you that this is about to happen. You can cancel your subscription at any point by calling us on 028 3833 8091

4. OUR RESPONSIBILITIES TO YOU
We will provide MyCarNeedsA.com Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use The Services as a Service providers 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 Service providers 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 Service providers 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 Service providers 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 (MyCarNeedsA.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 the Terms of Use when using The Services which we make available via it.

You shall be solely responsible for checking and verifying the details of any Job 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.

PLEASE NOTE: By registering as a Service providers and by using The Services you are agreeing to 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.

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 this Website including Drivers and Service providers.

1. PASSWORD AND SECURITY
If you register to use MyCarNeedsA.com Services you will be given a username and password (“ID”). 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 MyCarNeedsA.com 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 MyCarNeedsA.com 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 MyCarNeedsA.com 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 MyCarNeedsA.com Services 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.

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 MyCarNeedsA.com Services (including without limitation all content, materials and technology used or appearing in The Services or transmitted through it) belongs to us or our licensors. All rights are reserved.

7. PRIVACY AND COOKIES
The www.MyCarNeedsA.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 Privacy Policy. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy.

8. VISITORS TERMS OF USE

Terms of use of the VRM Application shall be submitted to CAP for prior approval, and shall include the following provisions (where ‘You’ refers to the visitor):

You shall only use the VRM Application for your own non-commercial purposes. You shall not sell, deal, transfer or otherwise make available any of the VRM Reports to any third party for any purpose or use the same for the benefit of any third party and You shall not remove or alter any copyright or other proprietary notice on any VRM Reports.

Except to the extent required to be permitted by applicable law or as expressly allowed in these terms, You shall not, and shall not permit or assist any third party to:

·translate, adapt, disassemble, reverse engineer, decompile or copy the whole or any part of the VRM Application, nor arrange or create derivative works based on the VRM Application;

·make for any purpose including but not limited to error correction, any modifications, adaptions, additions or enhancements to the VRM Application;

·combine, match or merge the whole or any part of the VRM Application with or incorporate the VRM Application into any third party code;

·assign, distribute, license, sell, charge or otherwise deal in or encumber the VRM Application;

·use the VRM Application on behalf of or make it available to any third party nor allow or permit a third party to do so;

·make available online all or part of the VRM Application through the Internet, or any intranet; or

·remove or alter any copyright or other proprietary notice on any of the VRM Application.

9. 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.

10. 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.

MyCarNeedsA.com reserves the right to amend the mileage range should it improve the quality and quantity of potential quotes for the customer.

11. NEWSLETTER

By clicking on "Get Quotes" you agree to receive emails from us. The aim of our newsletter service is to keep our customers and service providers updated about new information about our company. The subscription to our newsletter service is not mandatory.

These Terms of Use were last updated on 2nd February 2016.

PRIVACY POLICY

We are committed to preserving the privacy of all visitors to our website at www.MyCarNeedsA.com (the “Website”). Please read the following privacy policy to understand how we use and protect information that you provide to us. By using our Website you agree to the collection, use and disclosure of your information under the terms of this policy.

1. Who we are

The www.MyCarNeedsA.com Services are operated by www.MyCarNeedsA.com (“We”). Is a trading name for HIS Limited and have our registered office at 22 Derryall Road, Portadown, Co Armagh, Northern Ireland, BT62 1PL. Our main trading address and principal place of business is at HIS Limited, 22 Derryall Road, Portadown, Co Armagh, Northern Ireland, BT62 1PL. Our VAT Number is 187 53 11 88. Please visit the Contact Us page on this website for our contact details.www.MyCarNeedsA.com/contact-us

2. How we collect information

If you register to use our Website as a Driver or a Mechanic you will be asked to provide certain information about yourself including your name and contact details.

If you are a Mechanic and you purchase membership or other services on our Website we may collect information about your purchases as well as you credit or debit card information.

We may also collect information you submit via any online forms or other interactive areas that appear on our Website from time to time. This includes information contained in any Listing, Job, Quotes or Feedback you post on the Website or which is contained in any message you transmit via this Website.

We may collect information about you if you contact us offline, for example by telephone, fax, email or post.

We may collect information about your usage of our Website.

We also use Cookies.

3. What we use your information for

Your information will be used to provide you with access to our Website and to supply you with any information or services you request. In particular:

If you are a Driver and post a Job on our Website we will send details of the Job to selected mechanics so they can respond and we will notify you by email when responses are received. You should not include your name or contact details in any Job you post so this information will not be disclosed to the mechanics we contact. Once you have received a Quote or Quotes you may (if you wish) choose to disclose your name and contact details to your chosen mechanic, using our online messaging system or by contacting them directly. If you are a Driver and post Feedback, the content of the Feedback will be published on our Website.

If you are a Mechanic we will publish the details of any Listing you create on our Website. However this should not include any contact details for your business. We will also use your information to inform you about Jobs which have been posted on our Website by Drivers and if you post a Quote for a Job this will be shared with the Driver concerned.

If you register with us, we may use your information for MyCarNeedsA.com marketing purposes. If you do not wish for your details to be used in this way, please contact us via email at [email protected] or call us on 028 3833 8091‏.

If you register with us we may use your information to contact you for feedback on your use or our products, services or our Website.

We may also use and analyse the information we collect so that we can administer, support, improve and develop our Website and the products and services we offer.

4. With whom we may share your information

We will share your information with other users of the Website in the ways described in section 3 above.

We may allow third party providers and contractors who supply services to us or who process information on our behalf (for example our payment provider and website hosts) incidental access to your information. We will ensure that they keep your information secure and do not use it for their own purposes.

We may share your information with another organisation, which buys our business or our assets or to whom we transfer our agreement with you and in the course of any negotiations, which may or may not lead to such a transfer or sale.

We may pass aggregate information about the usage of our Website to third parties, but this will not include information that can be used to identify you.

We will disclose your information if we are required to by law. We may disclose your information to enforcement authorities if they ask us to, or to a third party in the context of actual or threatened legal proceedings, provided we can do so without breaching data protection laws.

Unless permitted or required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

5. Cookies

Cookies are small text files which are transferred from our Website and stored on your computer's hard drive. They enable our Website to “remember” who you are.

We use cookies on our Website in the following ways:

Use of the service implies permission to store a cookie for remembering login details (optional, only happens when you tick 'remember me') and for remembering the job IDs you are interested in (1 day cookie).

By registering to use our Website you are consenting to us using cookies in the ways described above.

You may be able to configure your browser to restrict cookies or block all cookies if you wish. However, if you disable cookies you may find this adversely affects you ability to use certain parts of this Website.

6. Your Rights

You have the right to see any information we hold about you on payment of a statutory fee, which is currently £10.

You have the right to correct any errors in information we hold about you. Please inform us about changes to your details so that we can keep our records accurate and up to date.

You have the right to opt out of receiving any marketing material from us or any third party at any time.

7. Security and retention of information

We will keep your information secure by taking appropriate technical and organisational measures against its unauthorised or unlawful processing and against its accidental loss, destruction or damage. We will retain your information for as long as we need it for the purposes set out in this policy, or as otherwise required by law.

8. Changes to our privacy policy

We will from time to time update and make changes to this policy. We recommend that you revisit this privacy policy frequently, and ideally each time you visit our Website.

9. Links

If you follow a link from any of our Website to another site, this policy will no longer apply. We are not responsible for the information handling practices of third party sites and we encourage you to read the privacy policies appearing on those sites.

10. Further Information

If you have any queries about the information we hold on you, or would like to exercise your rights set out above, please contact us by email on [email protected] or write to MyCarNeedsA.com, Accounts Department, 22 Derryall Road, Portadown, Co Armagh, Northern Ireland, BT62 1PL.

Further information about data protection issues can be found on the Information Commissioner’s site at http://www.gov.uk.

This Privacy Policy was last updated on 11th August 2014.