Terms Conditions Driver

Driver Terms & Conditions

These Terms & Conditions (together with the documents referred to in them) govern your use of our website at www.cargurufix.com and all related sites, services, applications, and tools, which we operate from time to time (the “CGF Service”).

These Terms & Conditions apply to any person registering as a “driver” on the CGF Service, or using the CGF Service as a driver (a “Driver”). If you are registering to use the CGF Service as a mechanic, or you are using the CGF Service as a mechanic (a “Mechanic”) please refer to our Mechanic Terms & Conditions.
By using the CGF Service you confirm that you accept these Terms & Conditions and that you agree to abide by them.

REGISTERING AS A DRIVER

In order to benefit from all the features of the CGF Service 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, telephone number and email address.

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 & Conditions, our Privacy Policy and our Feedback Policy. Unless we have expressly stated otherwise, in the event of any conflict or inconsistency between these Terms & Conditions and our Privacy Policy or Feedback Policy, or any other document or legal notice published on our Service from time to time, these Terms & Conditions shall take precedence.

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 any automotive repair or servicing work you need a Mechanic to do for you (a “Job”), the ability to receive quotes from Mechanics to Jobs you have posted (“Quotes”) and the ability to post feedback in relation to any Mechanic you have used as a result of your use of the CGF Service (“Feedback”).

You must only post a Job if you have a genuine requirement for the work detailed in the Job to be performed. You must only post Feedback in relation to a Mechanic if you have used them as a result of your use of the CGF Service. 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 Section 8 below.

If you do decide to use the services of a particular Mechanic as a result of your use of the CGF Service, you agree to notify us by updating your Job details accordingly. You can do this by clicking the relevant button on your Job page to "accept" or "confirm" their Quote.

Full details of the services available to Drivers will be published on www.cargurufix.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.

OUR RESPONSIBILITIES TO YOU

We will provide the CGF Service to you using reasonable skill and care and in accordance with these Terms & Conditions. However, if you use the CGF Service 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 CGF Service responsibly, we cannot guarantee the accuracy, integrity or quality of any information you view or receive via the CGF Service, which is provided by, or based on information submitted by, third parties. This includes any information contained in the details of Mechanics who are listed in our directory (“Listings”) as well as any Quotes you may receive from Mechanics.

If you use the CGF Service, you acknowledge and agree that we do not endorse or recommend any of the Mechanics who are listed or who use the CGF Service and we do not check or verify all the information which Mechanics post on or transmit via the CGF Service. You shall be solely responsible for checking and verifying any information which you access via or receive via the CGF Service before acting on it placing any reliance on it. If you choose to use the services of any particular Mechanic because of information you have received through your use of the CGF Services you do so entirely at your own risk.

If you use the CGF Service, 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 Mechanic. This is the case even if you "accept" or "confirm" the Quote by clicking the relevant button on the CGF Service. If you choose to instruct a Mechanic to carry out any work for you as a result of your use of the CGF Service, 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 Mechanic as a result of your use of the CGF Service. Further information about how Quotes are formulated and their status is set out in Section 5 below.

PLEASE NOTE: We (Cargurufix.com) 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 Mechanic to carry out, or for any acts or omissions on the part of any Mechanic. Mechanics will at all times remain solely responsible to you for the work they undertake and their own acts and omissions.

STATUS OF QUOTES

When you post a Job on the CGF Service you will receive Quotes from Mechanics based on the information you have provided, including your vehicle make and model and job type ("Job Criteria"). The Quotes you receive will either be standard Quotes or "SmartQuotes". All "SmartQuotes" will be clearly identified as such, with the SmartQuote icon.
Standard Quotes are generated where a Mechanic has either prepared a Quote in direct response to your Job, or previously provided a Quote which matches your specific Job Criteria, or has otherwise provided us with information about what they would quote for your specific Job Criteria.

SmartQuotes are generated where we do not hold quoting data for a Mechanic which is an exact match for your Job Criteria. In these cases our SmartQuotes software uses the quoting data we do hold for a Mechanic, as well as algorithms we have developed, to predict what the Mechanic is likely to quote for the Job. PLEASE NOTE: All Quotes (including both standard Quotes and SmartQuotes) provided via the CGF Service are indicative only and are subject to refinement or change by Mechanics before they commit to undertake any work. Whilst we work closely with Mechanics and continually seek to improve our systems and processes to ensure that Quotes are as accurate as possible, we cannot guarantee the accuracy of Quote or that at a Mechanic will ultimately be able to able to complete your Job for a Quoted price. We recommend that you seek confirmation of a Quote direct from a Mechanic, before you instruct them to undertake your Job.

THIRD PARTY/ ANCILLARY PRODUCTS AND SERVICES

From time to time we may offer, promote or make available via the CGF Service, certain ancillary products and services offered by us (such as roadside assistance policies) ("Ancillary Products") and/ or products and services offered by third parties (such as repair finance) ("Third Party Products").

If you choose to purchase any such Ancillary Products or Third Party Products, you understand and agree that they will be subject to a separate agreement and terms and conditions, details of which will be provided to you as part of the purchase process.

All Third Party Products are provided by the relevant third party supplier and they (not CGF) shall be solely responsible to you for providing the Third Party Product in question.
PASSWORDS AND SECURITY

If you register to use CGF Service you will be asked to provide a valid and current email address. You will then receive a verification email to activate and access your account and use CGF Service. You must keep your login credentials confidential and must not disclose it or share it with anyone else. You are responsible for preventing unauthorised use of your login credentials.

If you believe there has been a breach of security such as the disclosure, theft or unauthorised use of your login credentials, you must notify us immediately. If we reasonably believe that your login credentials are being used in any way which are not permitted by these Terms & Conditions, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your login credentials until the issues has been resolved.

ACCEPTABLE USE POLICY

The CGF Service allows registered users (including both Drivers and Mechanics) to create, edit and submit material for inclusion on or transmission via the Service, including (without limitation) by creating Listings, posting Jobs, posting Quotes for Jobs, posting Feedback and sending messages (collectively “User Content”). Whilst we do not seek to monitor or control the submission of User Content, we do reserve the right to delete, move and edit any User Content 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 CGF Service. You are solely responsible for all User Content you submit for inclusion on or transmission via the CGF Service. You must ensure that all User Content you transmit via the CGF Service is lawful and honest. In particular you must not post or transmit via the CGF Service any User Content 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).

For further information as to what we consider to be acceptable in the context of Feedback, please see our Feedback Policy.

By submitting any User Content to us, or via the CGF Service, you are granting us a royalty-free, non-exclusive licence to use, reproduce, modify, translate, make available and distribute the User Content on or through the CGF Service for the purpose of operating the CGF Service.

GENERAL DISCLAIMERS

Whilst we endeavour to ensure that the information available on or through the CGF Service is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), the CGF Service permits you to access and receive information supplied by third parties, or which is based on information or data supplied by third parties, including third party User Content. 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 CGF Service will meet your requirements. We cannot guarantee that the CGF Service will be fault or virus free or continuously available. Your access to the CGF Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may change or discontinue the CGF Service, or any part thereof, by giving reasonable notice at any time.

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 CGF Service or any fault or problem relating to the CGF Service or any content received via the CGF Service.
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 cannot be excluded or limited under applicable law.

Your statutory rights as a consumer are not affected by these Terms & Conditions.

TERMINATION OF SERVICES

We may suspend or cancel your registration and/ or terminate your access to or use of the CGF Service and/ or our agreement with you, if you are in breach of these Terms & Conditions or have made improper use of the CGF Service.

You may cancel your registration at any time by informing us in writing. If you do so you must stop using the CGF Service.
The suspension, cancellation or termination of your registration and your right to use the CGF Services shall not affect either party’s statutory right or liabilities.

INTELLECTUAL PROPERTY

Unless otherwise stated, the copyright, database right and other intellectual property rights in the CGF Service (including without limitation all content, data, materials and technology used or appearing in the CGF Service or transmitted through it) belongs to us or our licensors. All rights are reserved.

By using the CGF Service you acknowledge and agree that we collect aggregated and anonymised data concerning usage of the CGF Service and the Jobs and Quotes and Quoting Data submitted to or via the CGF Service. You agree that all intellectual property rights and other rights in such aggregated and anonymised data shall belong to Cargurufix.com and we may use this data for any purpose whatsoever. However, this data will not include any information from which particular users of the CGF Services (including any Drivers or Mechanic) can be identified.

PRIVACY AND COOKIES

The Cargurufix.com website and the CGF Service includes areas where you are requested to, or can, 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 and as part of the CGF Service. Further information about cookies and how we use them can be found in our Cookies Policy. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy and Cookies Policy.

GENERAL

All notices shall be given to us via email or by post using the contact details set out in Part 1 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 & Conditions is held by any court of competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms & Conditions and the remainder of the affected provisions shall continue to be valid.

The failure to exercise a right or remedy provided by these Terms & Conditions or by the law does not constitute a waiver of other rights or remedies.

We may revise these Terms & Conditions at any time. You are expected to check these Terms & Conditions 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 & Conditions may also be superseded by provisions or notices published elsewhere on our website or the CGF Service.