Advice & Tips > Garage Terms of Use

Garage Terms of Use

Introduction

The links below set out all you need to know about your use of this website. They detail legal sections, contact details and information about how things can change.

Who we are

Motoriety UK Limited operates the automyze.theAA.com website (the “Website”). These Terms of Use explain how you may use the Website.

Your use of this Website is subject to these Terms of Use. You should read these Terms of Use carefully before using the Website.

These Terms of Use refer to the following additional terms, which also apply to your use of our Website:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our Website.

By using the Website you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, please do not use the Website.

Definitions

In these Terms of Use, unless the context otherwise requires, the following words shall have the following meanings:

“Anti-bribery Laws” means all other applicable laws, statues, regulations and codes in relation to anti-bribery or anti-corruption and any similar or equivalent legislation in any other relevant jurisdiction, including but not limited to the Bribery Act 2010.

“Business Day” means between 9.00am and 5.00pm (other than a Saturday or a Sunday) on a day which clearing banks are open for business in the City of London.

“Motorist” means any individual using the Website to purchase product for a motor vehicle or book a motor vehicle for any service and/or repair.

“Services” means your registration on the Website and use of its services and any other activities conducted through the Website including but not limited to any referral of Motorists for vehicle bookings for service and repair and any marketing activities provided by us.

“We”, “Us” and “Our” means Motoriety UK Limited (company number: 8395224), whose registered office is at 18 Hyde Gardens, Eastbourne, East Sussex BN21 4PT.

“You” or “Your” means any business accessing or using the Website for the Services.

Conditions of use

It is a condition of your on-going use of the Website and the Services that on acceptance of a Motorist’s booking request you digitally verify the works undertaken to the Motorist’s account via your secure log-in. We also oblige the Motorist to rate and review your business. The digitally verified works will only be credited to the Motorist’s account once they have completed the review and rating process for your business. You can respond to this review if you wish.

Fraudulent verification or the addition of incorrect service history information will result in your listing being permanently removed from the Website.

Accuracy of information

The information provided by us on the Website is intended to be general in nature and is not in any way a recommendation to buy or provide any of the products or services featured on the Website. While we try to ensure that all information provided on the Website is accurate and correct at the time of inclusion on the Website, we do not represent, warrant or promise that any content is or remains accurate, comprehensive, verified, complete and up to date, free from bugs, errors or omissions nor any representation or warranty as to the adequacy or suitability.

The information on the Website, including prices and details of products and services, including any offers, is subject to change at any time and in the event that such change takes place we shall not be liable to you in any whatsoever.

Website use and access

We will try to allow uninterrupted access to the Website, but access to the Website may be suspended restricted or terminated at any time.

As a condition of your use of the Website you agree:

  1. not to use the Website for any purpose that is unlawful under any applicable law or prohibited by these Terms of Use;
  2. not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Website or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
  3. not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Website or any of its content except as permitted by us under these Terms of Use or as expressly provided under applicable law;
  4. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.

We reserve the right to terminate your access to the Website and disable any username or password, whether chosen by you or allocated by us at any time, if in our opinion you have failed to comply with any provision of these Terms of Use.

Third party websites

The Website contains links or references to third party websites. We have no control over these third party websites and therefore assume no responsibility for any content, material or information contained in them.

The inclusion of a hyperlink or reference to a third party website does not constitute an endorsement of such third party’s website, products or services. Your use of any third party website may be governed by the Terms of Use of that third party website and you should read these carefully before using the third party website.

Contracts with motorists

Through our Website and further to the provision of the Services you may correspond and contract with Motorists. You acknowledge that any correspondence and any contracts that are agreed with such Motorist are between you and the relevant Motorist. We do not have any control over the Motorist and accept no responsibility for any act or omission by that Motorist.

Intellectual property rights

All materials presented on this Website, unless specifically indicated otherwise, are under copyright to us or our licensors. We reserve all rights. You are free to download or print a single copy of the contents of the Website but you may not reproduce or redistribute materials, in whole or part, on this Website without our prior written permission.

Your listing on our Website is not an endorsement by us or the AA and you agree not to take any actions that would suggest otherwise, including using any of our or the AA’s intellectual property rights.

All AA trademarks used on this Website are the registered trade mark of AA Brand Management Limited and are used under licence from Automobile Association Developments Limited.

All other intellectual property rights (including but not limited to all copyright, trademarks whether or not registered or capable of registration, registered designs, design rights, domain names, database rights, patents, trade names and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world belong to us or our licensors.

Data submitted by you

You shall retain ownership of all copyright in content that you submit to the Website, for example reviews or feedback on services provided to you by a garage. You grant us a world-wide, non-exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such content in any manner.

We accept no liability for content or data supplied by any user for display on the Website and the limitations in the Disclaimers section apply.

If you submit content or data for display on the Website you are responsible for ensuring that the content and data is accurate, complete and up to date and for updating that data where necessary for ensuring that no content or data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. You warrant that you have taken all reasonable precautions to ensure that any content or data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.

We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website. You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition.

Your account

On registering with us, you are issued with, or may choose a user name and password which must be used to access your account. The user name and password is personal to you and is not transferable.

Your name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name and password and any payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.

You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.

Disclaimers

Whilst we take care to try and ensure all content and data on the Website is accurate and correct you agree that your use of the Website and any Services is on an ‘as is’ basis and (to the extent permitted by applicable law) we disclaim all warranties and representation (whether express or implied) in relation to the provision of the Website, including without limitation, as to the completeness, accuracy and currency of any content or any information on the Website, or as to the satisfactory quality or fitness for a particular purpose of the Website.

We accept no liability for the accuracy or completeness of any information contained on or provided via the Website or for any reliance placed by any person on the information.

Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website save where such liability cannot be excluded by law.

We do not guarantee that the Website will be fault free from viruses any anything else which may have a harmful effect on any technology nor do we accept liability for any errors or omissions.

Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Website (including the downloading or use of any information contained on the Website) exceed the amounts paid by you to us in relation to your use of the Website in the prior 12 months.

Notwithstanding any other provision of these Terms of Use, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Website or for any other statutory rights which are not capable of being excluded.

Fees

We shall notify you from time to time for the fees applicable to the provision of the Services and you agree to pay us all such fees when due.

Any fees quoted do not include VAT unless expressly stated otherwise (such VAT to be charged by us and paid by you at the then-applicable rate). You shall pay our invoice in full, without deduction or set-off other than as required by law, in cleared funds within 30 days of the invoice date.

Where sums owing to us are not paid in full by the due date we may, without limiting any other rights under these Terms of Use, charge interest on such sums at 2% a year above the base rate of HSBC bank from time to time in force, and interest will accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.

Termination

In addition to any other termination rights stated in these Terms of Use either party may terminate this agreement at any time on 30 days written notice.

We may terminate this agreement immediately in the event that you breach any of our (or our licensors’) intellectual property rights.

On termination of this agreement for any reason:

  1. you will immediately pay all invoices due to us then outstanding and not disputed in good faith;
  2. we will, within 10 Business Days, invoice you for all Services delivered or provided but not yet invoiced and you will pay such invoice within a further 5 Business Days (unless the invoice is disputed in good faith); the accrued rights and liabilities of the parties will not be affected; and
  3. any clause which expressly or by implication are to survive termination will do so.
Compliance with Laws

You shall comply with all Anti-bribery Laws, including ensuring that you have in place adequate procedures to prevent bribery and use all reasonable endeavours to ensure that all of your personnel; all others associated with you, and all of your subcontractors involved in performing the Services or with these Terms of Use so comply. The expressions ‘adequate procedures’ and ‘associated’ shall be construed in accordance with the Bribery Act 2010 and documents published under it.

Variations

We reserve the right to modify or change these Terms of Use at any time by publishing modified Terms of Use on the Website. Your use of the Website after a change has been posted will be deemed to signify your acceptance of the modified Terms of Use. We recommend you print a copy of these Terms of Use and the terms and conditions of any products or service you apply for and retain a copy for your records.

General

If any provision of these Terms of Use is held to be unlawful, valid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.

Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

These Terms of Use together with the Privacy Policy and any notifications from us concerning fees contain the entire understanding and agreement between us and you in relation to your use of the Website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained with these Terms of Use. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

These Terms of Use shall be governed by and construed in accordance with English Law. Both parties agree that any disputes shall be subject to the exclusive jurisdiction of the English courts.