Terms and Conditions

Part 1 – Booking Service Terms

1. Definitions

Car Recovery Near Me does not offer car recovery and towing servvices direct to the end consumer but creates an easy way to put you and the neaarest recovery service in contact.

 

 

4. Your Transportation Contract with a Car Revorery Provider.

Car Recovery Near Me is not a car recovery Provider and does not provide recovery services. Recovery services are provided to you under a contract  between you and the Vehicle recovery Provider that you have contacted and agreed upon its services.

Car Recovery Near Me is not a party to the Recovery Contract ..

5. Payment.

End User

You can search for the nearest recovery service to your location free of charge. 

The rates that apply for the recovery services are set by the recovery company and agreed by you.

Car recovery provider

You can help your clients find you by registering for a free trial period. Upon the end of the free trial period subscription is required for your services to be available through the website.

6. Limitation of Liability.

To the extent permitted by applicable law, Car Recovery Near Me will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property in connection with the finding and booking a car recovery service;

a. any booking that has not been accepted;

b. any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the website;

c. any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;

d. any loss relating to your business or the business of your employer or any other person;

e. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or

f. any other loss, damage, costs, expenses or liability that you suffer in connection with our services, save to the extent that car recovery near me fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.

g. If Car Recovery Near Me is liable to you in connection with the Services, its liability will be limited to an amount equal to £50 in aggregate.

Nothing in these Terms and Conditions will limit or exclude our liability to you for personal injury or death caused directly by our negligence.

7. Applicable Law.

The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of England and Wales.

Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.

Part 2 – Terms of Use

These Terms of Use (“Terms”) apply to your visit to and your use of the Website and the App as well as to all other information, recommendations and/or services provided to you on or through the Website and the  App, but for the avoidance of doubt these User Terms do not apply to the Booking Services defined and described in Part 1 above. However, defined terms used in this Part 2 shall have the meaning given in Part 1 unless otherwise specified.

1. Contractual Relationship

These Terms in Part 2 govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications (including the App), websites, content, products, and services (the “Services”) made available by us..

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Us. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. We may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. We will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, we reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in our opinion, any delay in such termination would expose Us or a third party to significant risk of harm or damage.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

We may amend the Terms related to the Services from time to time. Amendments will be effective upon  posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in our Privacy and Cookie Policy. We may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a Transportation Provider) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services constitute a technology platform that enables users of mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule vehicle recovery, vehicle transportation, logistics, delivery, and/or vendor services with independent third party providers of such services, including independent third party transportation providers (including Transportation Providers as defined in Part 1), independent third party logistics and/or delivery providers under agreement with Us or certain of our affiliates, and/or independent vendors  (“Third Party Providers”). Unless otherwise agreed by Us in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE THAT CAR RECOVERY NEAR ME DOES NOT PROVIDE VEHICLE RECOVERY SERVICES AND THAT ALL SUCH  SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY PROVIDERS WHO ARE NOT EMPLOYED BY US OR ANY OF OURAFFILIATES.

License.

Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Us and our licensors.

 
 

3. Your Use of the Services

User Accounts.

You do not need to register to use our services.

Service Provider Accounts

In order to use most aspects of the Services, you must register for and maintain an active business user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Us certain business information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or our termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Us in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 16. You may not authorize third parties to use your Account, and you may not allow persons under the age of 16 to receive vehicle recovery or vehicle transportation servies. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

 
Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, 

 

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CAR RECOVERY NEAR ME DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CAR RECOVERY NEAR ME MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CAR RECOVERY NEAR ME DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

CAR RECOVERY NEAR ME SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CAR RECOVERY NEAR ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAR RECOVERY NEAR ME SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CAR RECOVERY NEAR ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAR RECOVERY NEAR ME SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CAR RECOVERY NEAR ME REASONABLE CONTROL. IN NO EVENT SHALL CAR RECOVERY NEAR ME TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500).

CAR RECOVERY NEAR ME SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE VEHICLE RECOVERY SERVICES, VEHICLE TRANSPORTATION, VEHICLE LOGISTICS, VEHICLE DELIVERY OR VENDOR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CAR RECOVERY NEAR ME HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY  SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold Car Recovery Near Me and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including Third Party Providers.

 

6. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Car Recovery Near Me .

Notice.

We may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.