This user agreement incorporates the terms and conditions which you agree to each and every time you use the website www.bodyworkxpress.com
DEFINITIONS
“user” or “you” means anyone using and/or visiting www.bodyworkxpress.com for any purpose.
(add to all sites!)
“we” or “us” means Bodywork Xpress whose registered office address is available on request.
“Website” means the website and all contents at www.bodyworkxpress.com (add to all sites)
“Post onto the website” means taking part in any forum or any submission,in any format, of any data which subsequently appears and can be viewed on the website.
“Associate” means any person or organisation with whom we are associated.
This will include advertisers whose websites we appear on and any person or organisation who has a link to our website approved by us.
1. ABIDE BY TERMS
(1) By using our organisation, the website and any services you confirm that you are aged 18 or over and that you have read, understood and agree to be bound by this user agreement incorporating our terms and conditions. Where you are using the website or entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.
(2) Where the registration for use of the website is on behalf of an organisation and other persons (for example employees) use the website, the organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals, will be deemed to be the users for the purposes of these Terms and any subsequent action.
2. WEB SITE USE
(1) Full use of this website and contents of the site are only for registered users who are logged on. If you are not registered you can view some of the website but not fully participate or post on the website.
(2) Since the experiences, opinions, statements, recommendations, ratings, and information on the site are those of the users, we take no responsibility for checking or verifying such opinions, statements, recommendations or information.
(3) Any experiences, opinion, statement, recommendation, rating, any links to any websites or information or anything whatsoever will not form a guarantee or warranty and you agree we have no liability in this regard.
(4) When you click on any links you will be forwarded to websites relating to other third parties. We have no control or responsibility over the third parties or any such websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreement. You specifically confirm that we can not be held liable in this regard.
(5) To the extent that the law allows, all implied warranties, conditions or other terms (whether implied by statute or otherwise) including without limitation any terms as to skill and care or performance are included, if provided by us and not by a third party.
3. SUPPLY OF WEBSITE
(1) Whilst we will use our reasonable endeavors to supply the website by ensuring it is available on the internet, we shall not be responsible for any failure to provide the website or any services or any unavailability. The website is available on an “as is” and “when available” basis.
(2) We cannot guarantee that the services will be uninterrupted, secure or error-free.Particularly, there are inherent problems in the use of the internet that we will not be responsible for, nor for any browser crashes which may result in data loss whilst using our services.
(3) In addition we make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the website. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any e-mail or document we send you.
(3) We reserve the right to suspend the services where necessary and particularly, but not exclusively, for repair, maintenance or improvement.
4. EXPERIENCES, OPINIONS ETC
(1) All users specifically agree not to abuse this system and that they are both expressly and solely liable for anything which they post onto the website.
(2) All users agree that anything they post onto the website, in any form will be honest, accurate, not misleading and does not amount to any misrepresentation, does not breach any copyright, intellectual property or the rights of any third party (including disclosing personal and/or confidential information), whatsoever in nature, is not defamatory, libelous,discriminatory (in any form), is not purely self-promotion, is not abusive, offensive or obscene in language and/or content, does not otherwise harass or invade the privacy of any individual or organisation, does not contain any restricted or ‘password-only access’ page, or hidden pages or images (those not linked to or from another accessible page), does not engage in commercial activities and/or sales (unless you have our specific and express written consent), does not promote or instruct as to any conduct as described above or which promotes any breach of this user agreement or any law and is not in any way illegal or contrary to any law. we inappropriate of it. For reasons of verification we expressly prohibit and exclude all comments made by Users on our competitors.
(3) We do not tolerate unsolicited commercial communications, any junk mail, chain letters,unsolicited mail such as Spam or other such similar conduct and you confirm that you will not engage in any such activity. URLs are allowed providing the link is relevant, useful and necessary.
(4) All users agree that they will not take any action nor fail to take action, as appropriate,that will in any way undermine the system of sharing of opinions, statements, recommendations,and any information.
(5) All users specifically agree that we have no liability with respect to this and furthermore you will indemnify us for any loss.
5. RESPONSIBILITY AND MISUSE
(1) In addition to all the other clauses contained herein, you agree that you will solely be responsible for your use of any services provided to you and that you will use the service legally and only for the purposes that it is intended to be used. This includes responsibility for the security of your user name and password.
(2) Furthermore you agree that you will not misuse the services in any way, and specifically,although not exclusively you:
(a) will not use any virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate.
(b) will abide by any laws applicable to this agreement or the operation of it. In particular we refer to the use of; material or content we deem to be harmful, illegal or offensive; any infringement of intellectual rights and copyright; using the services for illegal purposes such as fraud or in any other crime. However all and any misuse is included.
(3) You confirm that you will not interfere or attempt to interfere with the proper working of the website nor any activities conducted on it.
(4) You also specifically confirm that you will
(a) Notify us immediately of any unauthorised use including any unauthorised use of your registration/account with the website or any other known or suspected breach of security.
(b) Immediately report to us but also to use reasonable efforts to immediately stop any misuse that is known or suspected by you
(5) All vintage, classic, high performance mechanical and bodywork is carried out by our specialist partner (J&R Autos).
6. COPYRIGHT
(1) The website and all the basic content (including text, images, marks and logos) with the exception of experiences, opinions, statements, recommendations, ratings, and information posted on the site by individual users and advertisements is subject to copyright which belongs to us. This means that users have a license to simply use the site but this does not convey to you any rights of ownership nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any website user or advertiser and us.
(2) Specifically, all users agree that without our express agreement in writing specifically for that user, they will not breach any copyright in so far as information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means you will not copy, reproduce, modify, assign, make derivative works, distribute or in any way publicly display, create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device, reverse engineer, or access the services in any way to build a product using similar ideas, function,or which is in any way similar to ours.
(3) However, if we have specifically agreed, in writing, that you may use any documents, for example, forms to complete, you agree to use them only for the purposes we have specifically agreed and that you will not construe this as enabling you in any way to breach clause 7(2) above.
7. LIABILITY DISCLAIMER
(1) To the extent that the law allows we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to any installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of the website or this user agreement.
8. VEHICLE INSPECTIONS/COLLECTIONS
(1) All vehicles that are to be inspected and/or collected by a www.bodyworkxpress.com member of staff or www.bodyworkxpress.com partner must be washed, clean & dry prior to inspection and/or collection. Vehicles will be subject to a thorough wash once garaged prior to inspection. We will not be held liable for subsequent dings, dents, marks, scuffs, scratches, stains that are exposed upon completion of wash prior to inspection. All such damage shall be written down and/or emailed to client within 24 hours of collection of vehicle.
(2) All Bodywork Xpress drivers and staff are insured to drive customers vehicles. (a) Collection /pick-up service is for the delivery of vehicles only. Bodywork Xpress staff are not permitted to park vehicles, be it in tight/difficult spaces and/or in underground parking bays. (b) Any cosmetic scratches/damage to customer alloy wheels and/or vehicle bodywork is not the fault of our staff. We will not accept liability for the above damages caused. (c) It is the duty of the vehicle owner to park (or remove) vehicle from any tight/difficult space! (d) Customer vehicles once booked in for repair must be collected (or delivered) at the stated time(s) on the day of completion. Once vehicle is repaired/ready we may not be able to provide secure storage. If we notify customer of this and vehicle is then removed from our storage onto the public road we cannot be held liable for any damage caused by an unknown third party. (e) All respray/cosmetic repair work is done by default without paint stripping. If you want paint removed or are informed of the procedure please be informed that cost of respray will automatically increase by at least 25% if quoted price. (f) Any paint reactions (bubbling of paint etc) if found to be due to previous respray work, we will not be liable to put it right without additional costs incurred by the customer. (g) All valuables should be removed from vehicle prior to our company starting work. Any valuables/items left in vehicle are done at the owners risk. (h) Vehicle owners please ensure that (vehicle) manuals, spare wheel, locking wheel nuts, special instructions, sufficient fuel (according to our rules) is in fuel tank when you drop off vehicle or if our driver collects. The charge of £7.99 is added to any fuel that we put in vehicle. (i) Alloy wheel refurbishment (excl diamond cut) is quoted in pairs even if we only 1 or 3 alloys require refurbishment and respray. This is due to alloys not being colour coded. We cannot guarantee an exact (original) colour match. (j) Bodywork Xpress cannot be held responsible for any alleged missing items or marks/scratches that were not noted by either the customer or staff member.
(3) www.bodyworkxpress.com will not be held accountable and/or liable for additional car body repair, respraying work not completed that was not signed for and agreed to prior to commencement of repairs. It is the customers duty to ensure that they know and/or accept www.bodyworkxpress.com (employee’s) advice, inspect their vehicle and understand work that is to be carried out before agreeing to work commencement.
(4) Free Delivery is available (subject to driver(s) availability and/or the unforeseen) to customers of car body repairs (min total cost £550.00) & vehicle resprays (min cost £600.00) only! Free delivery must be requested when making individual booking(s) – not before or after!
(5) FREE delivery is subject to driver availability, manager discretion, car body repairs (alloy wheels of 3 or more at manager discretion – excl parts, VAT) costing over £299.00.
8. QUERIES / COMPLAINTS & NOTICES
(1) We aim to respond to any queries within 14 working days.
(2) If you have any complaints regarding the quality of our work please, contact us immediately at [email protected] Once this procedure has been followed we will make all reasonable endeavors to corrections, within what we deem to be a reasonable time.
(3) Any other complaints must be addressed in writing to us at our office (see definitions above)
(4) If any complaint may amount to a breach by us then you must allow us 30 days to remedy that breach.
(5) Any notices, including notices at clause 11 (2) above to which you have not received an acknowledgment within 7 working days, must be in writing to our registered office address using Royal Mail Special Delivery and will be will be deemed to have been received on the 3 working day after posting.
9. INVALIDITY
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
10. GENERALLY
(1) These terms and conditions supersede any and all prior representations, understandings and agreements between you and us.
(2) We reserve the right to vary our terms and conditions at any time and such variation takes effect when they are posted on our website
11. JURISDICTION
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.