Terms and Conditions

© 2021 Fixter Limited - Company No. 1042661

Welcome to Fixter 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 these Platform Terms and Conditions (“Platform T&Cs”), “You” and “Your” means You the person using the Fixter services.

These Platform T&Cs, together with Our Privacy Policy, set out how You may use the booking services (the “Booking Services”) to book services from car service suppliers (“Suppliers”). For more information about the Site or if you are you using any other car maintenance services made accessible through our website please refer to the our general Terms and Conditions.  

Please read these Platform T&Cs 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.

We may vary these Platform T&Cs 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 Platform T&Cs. If You do not accept such variations then You will no longer be able to access or use the Suppliers’ services.

ABOUT US AND COMPLAINTS

The Site is owned and operated 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 Site, 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: 0330 808 9527

  1. ACCESS TO THE SITE AND LICENCE RESTRICTIONS

The Site and the Booking 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 Website. By using the Site you confirm to us that you are 18 years old or over and a resident in the United Kingdom.

The Site is currently made available to You for Your personal, non-commercial use, free of charge, although the Suppliers do of course charge for the services You order via the Site. 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 Site.

Subject to Your continued compliance with these Platform T&Cs, we hereby grant to You a non-exclusive, non-transferable, non-sublicensable, revocable, perpetual licence to access and use the Site on any compatible device (each a “Device”), each for Your own personal, non-commercial use.

If You breach any provision of these Supplier T&Cs, this licence will immediately terminate and You must immediately cease use of the Site.

You are responsible for obtaining (at Your own cost) all necessary devices and telecommunications services required to access the Site. You are also responsible for ensuring that no person uses Your Device to access the Site without Your permission. We will be entitled to assume that anyone who accesses the Site 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.

Except as expressly set out in these Terms of Use or as permitted by any local law, You agree:

  • not to copy the Site except where such copying is incidental to normal use of the Site, 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 Site; not to make alterations to, or modifications of, the whole or any part of the Site, or permit the Site 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 Site’s source code.

  1. YOUR ACCOUNT

If You would like to use our Booking Services, You must first create an account with Us via our Site (we call this Your “Account”).

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 outlined above.

  1. THE PROVISION OF BOOKING SERVICES BY FIXTER

Fixter provides to you certain booking services (the “Booking Services”). The Booking Services include:

  1. Accepting bookings requested by You;

  2. Keeping records of bookings; 

  3. Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Fixter, which may be made by email to support@fixter.co.uk

YOUR CONTRACT WITH THE SUPPLIER

Fixter is not a Supplier and does not provide the supplier services. Supplier Services (“Services”) are provided to you under a contract (the “Supplier Contract”) between you and the Supplier that is identified to you in the booking confirmation provided by Fixter. Fixter is not a party to the Supplier Contract and acts as a disclosed agent for the Supplier in communicating the Supplier’s agreement to enter into the Supplier Contract.

  1. PAYMENT

The Booking Services are provided by Fixter to you free of charge though Fixter may charge a commission to the Suppliers for any Services ordered through the platform. Fixter reserves the right to introduce a fee for the provision of Booking Services. If Fixter decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services. The rates that apply for the services provided by the Suppliers can be found on the Site. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the services. 

You can make a request or order to purchase Services from a Supplier directly via Your Account by providing Us with all of the necessary information that we need to confirm Your order (Your “Booking”). After Fixter has received Your Booking, Fixter will facilitate your payment of the applicable fees on behalf of the Supplier as a disclosed payment collection agent for the Supplier. Payment of the fees in such manner shall be considered the same as payment made directly by you to the Supplier. Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable, unless otherwise determined by Fixter. You retain the right to request lower fees from the Supplier for services or goods received by you from such Supplier at the time you receive such Services. Fixter will respond accordingly to any request from a Supplier to modify the fees for particular Services. 

You can pay for Your Booking by using credit or debit cards and any other methods as indicated on the Site from time to time, and will have to tell Us Your preferred payment method when You submit Your Booking to Us. More details about payment methods are set out in the Help Centre section of the Site.

Depending on Your payment method, You may be directed to a payment gateway e.g. Stripe and review the total amount payable for Your Booking before clicking ‘Confirm’ to authorise the payment and place Your Booking (once this has been completed, You’ll return to 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 for the full purchase price and we are entitled to rely on placing a Booking as an instruction to Us to take Your payment(s). Full payment for your the services is due to the Supplier either upfront or on completion of the Services, as specified when you place Your Booking. If we are unable to take payment from your payment card, we may have to charge you additional costs to cover our expenses incurred in recovering the unpaid amounts owed to us. This may include interest at the rate of 4% per annum and the cost of debt collection agencies. If you cancel your Booking with less than 24 hours’ notice you may still be charged for the services. 

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 You and the Supplier until we have reviewed Your Booking, verified your payment method and provided You on behalf of the Supplier with confirmation of Your Booking by email.

If we are unable to process 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.

  1. 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 Supplier Contract.

We may need to change Your Booking:

  • 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; and

  • 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 Supplier Contract before the changes take effect and receive a refund for any Services not provided.

  1. CHANGING YOUR MIND ABOUT YOUR BOOKING

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 Supplier Contract was made (i.e the day that You received an email from Us accepting Your Booking). However, once we have started the Services You cannot change Your mind, even if the 14 day period is still running. If You cancel after the Supplier has started (but not yet completed) the Services, You must pay the Supplier for the Services provided up until the time You tell Us that You have changed Your mind.

If You would like to cancel Your Booking you must send us the online cancellation form or email us at support@fixter.co.uk.

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. Note that if you cancel your Booking with less than 24 hours’ notice you may still be charged for the services.

  1. PROBLEMS WITH THE SERVICES

The Supplier is under a legal duty to supply You with Services that conform with the Supplier 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 section 6 above does not affect Your legal rights as a consumer in relation to services. For more information please see https://www.citizensadvice.org.uk/.

If You have any questions or complaints about the services that You’ve received from the Supplier, if items are faulty or the services provided are not what You ordered, please contact Us immediately using the details set out above with Your details and a description of the problem. If the services or items are found to be faulty by reason of the Supplier’s default or negligence and shown to be such to our satisfaction, the Supplier will, at its option, repair or replace the defective items or refund the price of the defective services or items in full if: (i) You have given us notice in writing as soon as possible on discovering the defect so that we can communicate to the Supplier; and (ii) the Supplier is given a reasonable opportunity to examine Your car. Neither We nor the Supplier will be liable for any defect in the services or the items You’ve received if: (i) You fail to notify us of the defect; (ii) You fail to afford the Supplier the opportunity to rectify the problem; (iii) You subject the car to misuse, negligence or accident or use the car for racing, rallying or similar sports; or (iv) You alter or repair the car without our written consent.

Without affecting Your general rights as a consumer, if the Services were provided in accordance with the Supplier Contract and with reasonable skill and care, and the parts fitted were correct, not faulty or defective then the Supplier will generally be unable to provide any refund for Services provided or an exchange on parts fitted to Your car.

It may be necessary to cancel the Supplier 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 the Supplier 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, it may be necessary to cancel the Supplier Contract and make a refund to You for any Services not provided.

  1. INTELLECTUAL PROPERTY

For the purposes of these Supplier T&Cs, “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.

All Intellectual Property Rights in and to the Site and any and all features, content, materials and information made available via the Site are owned by and shall remain owned by Us or Our licensors at all times.

These Supplier T&Cs are not intended to prevent You taking personal copies of any information from the Site or disclosing such information free of charge, to friends or relations for non-commercial purposes.

  1. WARRANTIES AND DISCLAIMERS

We will exercise all reasonable skill and care in providing the Site and the Booking Services to You. However, We are not able to guarantee the availability of the Site or the accuracy, completeness, currency or reliability of any features, content, materials or information on the Site that derives from third parties (including any of Our licensors or third party partners).

Except as expressly provided in these Supplier T&Cs, the Site 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.

We advise You to check any features, content, materials and/or information provided to You through the Site as any reliance that You place on the accuracy, completeness, currency or reliability of that information is at Your own risk.

  1. LIMITATION OF LIABILITY

Nothing in these Supplier T&Cs limits or excludes our liability for anything that cannot be excluded by applicable law. 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. FIXTER 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, FIXTER 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. FIXTER 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.

FIXTER 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 FIXTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIXTER 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 FIXTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIXTER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FIXTER’S REASONABLE CONTROL. IN NO EVENT SHALL FIXTER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED £200 (TWO HUNDRED POUNDS).

  1. TERMINATION

We may remove the Site or cease providing any of the features, content, materials, information or services provided via the Site at any time in Our absolute discretion for any reason whatsoever. This will not affect an existing contract and any accrued rights and liabilities of either You or Us as at the time of such removal or uninstallation.

  1. DATA PROTECTION AND PRIVACY

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 Supplier T&Cs and it is important that You read it. By accepting these Supplier T&Cs You also accept and consent to Our Privacy Policy.

  1. ASSIGNMENT AND THIRD PARTY RIGHTS

No one other than a party to these Supplier T&Cs shall have any right to enforce any of its terms.

Notwithstanding any other term of these Supplier T&Cs, if at any time we wish to appoint any other person (the New Licensee Entity) in our place for the purposes of these Supplier T&Cs:

(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 Supplier T&Cs with effect from the New Entity Date;

(c) the New Licensee Entity shall become a party to these Supplier T&Cs 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 Supplier T&Cs and shall be obliged to perform or discharge all of our outstanding obligations and liabilities under these Supplier T&Cs and all references to us in these Supplier T&Cs 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 Supplier T&Cs 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 Supplier T&Cs arising on or after the New Entity Date.

  1. GENERAL

Any failure or delay by Us to enforce any of Our rights under these Supplier T&Cs 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.

Other than as set out in section 13, these Supplier T&Cs are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to these Supplier T&Cs.

If any Clause or part of a Clause of these Supplier T&Cs is or becomes invalid, illegal or unenforceable, the remainder of these Supplier T&Cs shall remain valid and enforceable.

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.

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 can still bring legal proceedings.