PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING THE VEHICLE BREAKDOWN WEBSITE.

The VEHICLE BREAKDOWN Terms and Conditions (“User Terms”) constitute a legally binding agreement between VEHICLE BREAKDOWN. A Trading name of ALL ROUND AUTOMOTIVE LIMITED (“VEHICLE BREAKDOWN” “we”, “us”, or “our”), the owner and operator of the https://vehiclebreakdown.co.uk website (hereafter, collectively referred to as the “VEHICLE BREAKDOWN Service”) and you (“you” or “your”), the user of the EHICLE BREAKDOWN Service. BY USING THE VEHICLE BREAKDOWN SERVICE IN ANY FORM (INCLUDING, WITHOUT LIMITATION, NAVIGATING https://vehiclebreakdown.co.uk . YOU ACKNOWLEDGE AND AGREE TO THESE USER TERMS, AND VEHICLE BREAKDOWN PRIVACY POLICY, WHICH CAN BE FOUND AT https://vehiclebreakdown.co.uk/privacy-policy/ AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE VEHICLE BREAKDOWN SERVICE.

THE USER TERMS ARE INTENDED FOR ALL USERS OF THE VEHICLE BREAKDOWN SERVICE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO REGISTER AN ACCOUNT. HOWEVER, DIFFERENT SECTIONS OF THE USER TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.

1. VEHICLE BREAKDOWN Service Overview.
VEHICLE BREAKDOWN provides an online platform whereby users can connect with local Network Partners who offer emergency mobile tyre fitting and emergency recovery (hereafter, “Network Partners”). Users can access the VEHICLE BREAKDOWN Service through the use of the https://vehiclebreakdown.co.uk website or through certain third party parties, and can be accessed by you on a single mobile device (smart phone or tablet) or computer. VEHICLE BREAKDOWN is not directly involved in or otherwise a party to any transactions that may take place between users and Network Partners. VEHICLE BREAKDOWN has no control over the quality, safety, or legality of any aspect of Network Partners services or offerings or any claims made by Network Partner about the services they offer, the truth or accuracy of warranties or pricing supplied by Network Partner to VEHICLE BREAKDOWN, the ability of Network Partners to provide the services offered, or the ability of users to pay for Network Partners’s services. VEHICLE BREAKDOWN is not a broker, agent or insurer for any users or Providers. VEHICLE BREAKDOWN makes no representations, warranties or guarantees regarding any content or information provided by users or Network Partners. We encourage you to communicate directly with potential transaction partners through the tools available through the VEHICLE BREAKDOWN Services. All purchases made by users from a Network Partner are made at each party’s own risk. VEHICLE BREAKDOWN has customer information and privacy policies as set forth in its Privacy Policy https://vehiclebreakdown.co.uk/privacy-policy/ which is fully incorporated herein by reference.

2. Registration for VEHICLE BREAKDOWN Service.
Registration with the VEHICLE BREAKDOWN Service is subject to the following additional terms and conditions:

(a) Eligibility: By registering with VEHICLE BREAKDOWN, you represent and warrant that all registration information you submit, including, without limitation, your first and last name, mobile telephone number, vehicle information, and financial account payment information is completely accurate and truthful. VEHICLE BREAKDOWN may, in our sole discretion, refuse to offer access to or use of the VEHICLE BREAKDOWN Services to any party and change the eligibility criteria at any time. By registering with VEHICLE BREAKDOWN, you represent that if you are an individual, you are of legal age to enter into a binding contract and that if you are registering on behalf of a legal entity, that you are authoriSed to enter into, and bind the entity to, these User Terms and register for the VEHICLE BREAKDOWN Service.

(b) Security of Registration Information: You are solely responsible for maintaining the security and correctness of your registration information. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify VEHICLE BREAKDOWN of any unauthorised use of your password or any breach of security. You also agree that VEHICLE BREAKDOWN shall not be liable for any loss or damage arising from your failure to keep your password secure.

(c) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in the User Terms as well as all other operating rules, policies and procedures that may be published from time to time via the VEHICLE BREAKDOWN Service, each of which is incorporated herein by reference and each of which may be updated by VEHICLE BREAKDOWN from time to time without notice to you.

3. How to use the VEHICLE BREAKDOWN Service.
The VEHICLE BREAKDOWN Service offers you a platform to send a request for roadside assistance to a/multiple Network Partner/s. The GPS receiver, which uses 3G data (or later), or Internet Protocol address on your computer, requests your permission to detect your location and sends your encrypted location information to the relevant Network Partners. The Network Partner has sole and complete discretion to accept or reject each request for service. Network Partners also has sole and complete discretion over whether to use the VEHICLE BREAKDOWN Service to receive the leads generated through the VEHICLE BREAKDOWN website. If the Network Partner accepts a request, the VEHICLE BREAKDOWN Database notifies you and provides information regarding the Network Partners – including vehicle information, and the ability to contact the Provider by telephone.
Once you select a Network Partner, please note the following:

(3.1)PARTS DISCLAIMER
Old parts from the work which is carried out such as damaged tyres, old batteries and old valves will be kept and disposed of by our Network Partner unless the client request these to be kept in there possession at the scene. once we have left the scene we cannot return with parts.

(3.2) ADDITIONAL CHARGES:
To the extent your description of the services needed and/or conditions impacting your vehicle are deficient, inaccurate or otherwise misstated and/or the services required are more extensive than your description indicated, the price quote provided through the VEHICLE BREAKDOWN websites shall not be binding and you are responsible for paying for any additional services needed and/or requested.

For the avoidance of doubt: VEHICLE BREAKDOWN itself does not provide any roadside assistance or recovery services, and VEHICLE BREAKDOWN is not a services carrier. Any roadside assistance and/or recovery are through the Network Partners. VEHICLE BREAKDOWN solely provides the platform through which you and the Network Partners can give information for quotes. The provision of the services by the Network Partners to you is therefore subject to any agreement that you choose to enter into with the Network Partner. VEHICLE BREAKDOWN is never a party to any such agreement and you hereby agree to release VEHICLE BREAKDOWN from all liability and claims arising from any acts or omissions from Network Partners.

4. Your Use of the VEHICLE BREAKDOWN Service.
By using the VEHICLE BREAKDOWN Services, you agree to the following restrictions on your use of the VEHICLE BREAKDOWN Service:

You warrant that the information you provide to VEHICLE BREAKDOWN is accurate and complete. VEHICLE BREAKDOWN is entitled at all times to verify the information that you have provided and to refuse the VEHICLE BREAKDOWN Service for any reason or no reason. You may only access the VEHICLE BREAKDOWN Service using authorised means. VEHICLE BREAKDOWN is not liable if you do not have a compatible mobile device or computer. VEHICLE BREAKDOWN reserves the right to terminate the VEHICLE BREAKDOWN Service should you attempt to access the VEHICLE BREAKDOWN Service with an incompatible or unauthorised device or computer.

You will only use the VEHICLE BREAKDOWN Service for your sole, personal use and will not resell it to a third party;
You will not authorise others to use your account;
You will not assign or otherwise transfer your account to any other person or legal entity;
You will not use an account that is subject to any rights of a person other than you without appropriate authorisation;
You will not use the VEHICLE BREAKDOWN Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the VEHICLE BREAKDOWN Service to cause nuisance, annoyance or inconvenience;
You will not try to harm the VEHICLE BREAKDOWN Service or impair the proper operation of any related network, platform or application in any way whatsoever;
You will not copy, or distribute the VEHICLE BREAKDOWN Service or any portion or feature thereof without advance written permission from VEHICLE BREAKDOWN;
You will keep secure and confidential your account password or any identification we provide you which allows access to the VEHICLE BREAKDOWN Service;
You will provide us with whatever proof of identity we may reasonably request;
You will only use an access point or 3G data (or later) account (AP) which you are authorised to use;
You are aware that when requesting services by SMS if available in your jurisdiction, standard messaging charges may apply;
You will not use the VEHICLE BREAKDOWN Service with an incompatible or unauthorised device or computer;
You will comply with all applicable laws and regulations while using the VEHICLE BREAKDOWN Service. VEHICLE BREAKDOWN reserves the right to immediately terminate the VEHICLE BREAKDOWN Service should you not comply with any of the foregoing.
You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. VEHICLE BREAKDOWN reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the foregoing.

5. Payment
Use of the VEHICLE BREAKDOWN Service without obtaining Network Partners services is free of charge for users. VEHICLE BREAKDOWN reserves the right to introduce certain fees in the future. However, VEHICLE BREAKDOWN shall provide you with prior written notice of such fees.

The rates for the services charged by Network Partners can be accessed through the VEHICLE BREAKDOWN Service. These may be modified or updated by VEHICLE BREAKDOWN from time to time. It is your own responsibility to remain informed about the current rates for the services.

You agree that you will pay for all services you purchase from the Network Partners, All payments are non-refundable, subject to applicable law.

VEHICLE BREAKDOWN uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the VEHICLE BREAKDOWN Service. The processing of payments or credits, as applicable, in connection with your use of the VEHICLE BREAKDOWN Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. VEHICLE BREAKDOWN is not responsible for any errors by the Payment Processor and you hereby agree to release VEHICLE BREAKDOWN from all liability arising from any acts or omissions of Payment Processor. In connection with your use of the VEHICLE BREAKDOWN Service, VEHICLE BREAKDOWN will obtain certain transaction details, which shall be maintained in accordance with VEHICLE BREAKDOWN’s Privacy Policy.

6. No Employment/Agent/Broker Relationship.
VEHICLE BREAKDOWN is not an employment service and does not serve as an employer of any user of the VEHICLE BREAKDOWN Service or Provider. VEHICLE BREAKDOWN is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, national insurance or payroll withholding tax in connection with any use of the VEHICLE BREAKDOWN Service or Provider’s services. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, VEHICLE BREAKDOWN is not acting and does not act as an agent or broker for any users, Providers, or any other user of the VEHICLE BREAKDOWN Service.

7. Indemnification.
By using the VEHICLE BREAKDOWN Service, you agree that you shall defend, indemnify and hold VEHICLE BREAKDOWN, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Providers arranged via the VEHICLE BREAKDOWN Service, or (c) your use or misuse of theVEHICLE BREAKDOWN Service.

8. Liability Limitation.
BY USING THE VEHICLE BREAKDOWN SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT VEHICLE BREAKDOWN AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE VEHICLE BREAKDOWN SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE VEHICLE BREAKDOWN SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE VEHICLE BREAKDOWN SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE VEHICLE BREAKDOWN SERVICE, (c) YOUR FAILURE TO PROVIDE VEHICLE BREAKDOWN WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE VEHICLE BREAKDOWN SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN VEHICLE BREAKDOWN OR ALL ROUND AUTOMOTIVE LIMITED. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF VEHICLE BREAKDOWN, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE USER TERMS OR YOUR USE OF THE VEHICLE BREAKDOWNSERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED £100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE LIMITATIONS IN THESE USER TERMS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE USER TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

9. Disclaimer.
The information, recommendations and/or services provided to you on or through the VEHICLE BREAKDOWN Service is for general informational purposes only and does not constitute advice. VEHICLE BREAKDOWN does not guarantee continuous, uninterrupted access to theVEHICLE BREAKDOWN Service. Although VEHICLE BREAKDOWN attempts to maintain the integrity and accuracy of the information accessible through the VEHICLE BREAKDOWN Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the VEHICLE BREAKDOWN Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorised additions, deletions, or alterations could be made to the VEHICLE BREAKDOWN Service by other users or third parties without VEHICLE BREAKDOWN knowledge. VEHICLE BREAKDOWN cannot and does not guarantee that (the contents of) the VEHICLE BREAKDOWN Services are free of errors, defects, malware and viruses. VEHICLE BREAKDOWN reserves the right to cancel any payment, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or product or service description or other error. If we do cancel a payment, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy.

The quality of the services requested through the use of the VEHICLE BREAKDOWN Service is entirely the responsibility of the Network Partner who ultimately provides such services to you. VEHICLE BREAKDOWN under no circumstance accepts liability in connection with and/or arising from the services provided by the Provider or any acts, action, behaviour, conduct, and/or negligence on the part of the Provider and you hereby agree to release VEHICLE BREAKDOWN from all liability and claims arising from the foregoing. Any complaints about the services provided by the Network Partner should therefore be submitted to the Network Partner.
VEHICLE BREAKDOWN AND ITS AFFILIATES PROVIDE THE VEHICLE BREAKDOWN SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE VEHICLE BREAKDOWN SERVICE IS AT YOUR SOLE RISK AND THAT VEHICLE BREAKDOWN AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE VEHICLE BREAKDOWN SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE VEHICLE BREAKDOWN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE VEHICLE BREAKDOWN SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE VEHICLE BREAKDOWN SERVICE WILL BE CORRECTED. VEHICLE BREAKDOWN AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM VEHICLE BREAKDOWN OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON LOCAL LAWS.

10. License Grant, Restrictions and Copyright Policy.
For purposes of these User Terms, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.

“VEHICLE BREAKDOWN Content” means Content owned or used by VEHICLE BREAKDOWN, its affiliates or licensors and made available through the VEHICLE BREAKDOWN Service, including any Content licensed from a third party, but excluding User Content.

“User Content” means Content that a VEHICLE BREAKDOWN user posts, uploads, publishes, submits or transmits to be made available on the VEHICLE BREAKDOWN website or through the VEHICLE BREAKDOWN Service.

“Collective Content” means, collectively, VEHICLE BREAKDOWN Content and User Content.

Subject to your compliance with these User Terms, VEHICLE BREAKDOWN grants you a limited, non-exclusive, non-transferable license:
to view, download and print any VEHICLE BREAKDOWN Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You may not use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the VEHICLE BREAKDOWN Service or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of VEHICLE BREAKDOWN. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by VEHICLE BREAKDOWN or its licensors, except for the licenses and rights expressly granted in these User Terms.

14. Third Party Interactions.
During the use of the VEHICLE BREAKDOWN Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the VEHICLE BREAKDOWN Service and are beyond VEHICLE BREAKDOWN’s control.
During use of the VEHICLE BREAKDOWN Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the VEHICLE BREAKDOWN Service. These links take you off the VEHICLE BREAKDOWN Service and are beyondVEHICLE BREAKDOWN’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. VEHICLE BREAKDOWN is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

15. Termination of the Agreement.
The agreement between VEHICLE BREAKDOWN and you embodied by these User Terms may be terminated at any time.
VEHICLE BREAKDOWN is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the VEHICLE BREAKDOWN Service). VEHICLE BREAKDOWN not obliged to give notice of the termination of the Agreement in advance. After terminationVEHICLE BREAKDOWN will give notice thereof if required by these User Terms.

16. Invalidity of one or more provisions.
If any provision of these User Terms should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render these User Terms (as modified) legal and enforceable to the maximum extent permitted under applicable laws.

17. Modification of the Service and User Terms.
VEHICLE BREAKDOWN may change these User Terms and will post the modified terms (which shall then become the agreement between you and VEHICLE BREAKDOWN) with the new effective date listed above. VEHICLE BREAKDOWN will also give you prior notice that the User Terms have been changed using the contact information provided by you. Therefore, you agree to keep your account information up-to-date. VEHICLE BREAKDOWN also encourages you to check the terms of these User Terms from time to time to see if they have been updated. If you do not agree to the modified User Terms, your sole recourse is to stop using the VEHICLE BREAKDOWN Services. Your continued use of the VEHICLE BREAKDOWN Services after the date the modified User Terms are posted will constitute your acceptance of the modified User Terms.

18. Notice.
VEHICLE BREAKDOWN may give notice by means of a general notice on the VEHICLE BREAKDOWN Service or mobile application, or by electronic mail to your email address on record in VEHICLE BREAKDOWN’s account information, or by written communication sent by regular mail to your address on record in VEHICLE BREAKDOWN’s account information.

19. Assignment.
You may not assign your rights under these User Terms without prior written approval of VEHICLE BREAKDOWN.

20. Applicable law and Dispute Resolution.
The User Terms and the resolution of any dispute related to these User Terms will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state.
You and VEHICLE BREAKDOWN agree to resolve any disputes between us in accordance with this Section 21. If you believe that VEHICLE BREAKDOWN has not adhered to the User Terms or you have any dispute with VEHICLE BREAKDOWN, please contact VEHICLE BREAKDOWN using the contact information provided below. We will do our best to address your concerns and each party agrees to attempt to resolve any disputes with the other amicably.

Except as provided herein, you and VEHICLE BREAKDOWN agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. All such controversies, claims, counterclaims, or other disputes arising between you and VEHICLE BREAKDOWN relating to the VEHICLE BREAKDOWN Services or these User Terms (each a “Claim”) shall be submitted for binding arbitration in accordance with an alternative dispute resolution provider (“ADR Provider”) and the rules of such provider shall govern all aspects of the arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

For any claim where the total amount of the award sought is £10,000 or less, the ADR Provider, you and VEHICLE BREAKDOWN must abide by the following rules:

(a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds £10,000, the right to a hearing will be determined by the ADR Providers rules, and the hearing (if any) will be held in a location reasonably convenient to both parties unless the parties agree otherwise on a specific location.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, VEHICLE BREAKDOWN will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and VEHICLE BREAKDOWN also have the right to bring qualifying claims in small claims court. In addition, you and VEHICLE BREAKDOWN retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these User Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these User Terms.

Neither you nor VEHICLE BREAKDOWN may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or VEHICLE BREAKDOWN’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section 20 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 20 shall continue in full force and effect. No waiver of any provision of this Section 20 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this User Terms. This Section 20 will survive the termination of this User Terms or your relationship with VEHICLE BREAKDOWN.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED THE RULES OF AN ADR PROVIDER.

21. Job Acceptance
Once your request for a Network Partner has been accepted on the Vehicle Breakdown website, all relevant information will be shared with the Network Partner for them to contact you. 

22. Service Disputes

(22.1) Once the job is completed by a Vehicle Breakdown Network Partner. all disputes are to be conducted between the customer (yourself) and the Network Partner. When the job declaration form has been completed you (the customer) are agreeing to the successfully completed work by the Network Partner.

(22.2) Once emergency mobile tyre fitting your job has been placed any discrepancies in terms of actual brand being fitted must be highlighted at the time the Network Partner is at site or within 24 hours from date of fitting. All claims need to be made to the Network Partner for them to rectify the issue.

23. Contact Us.
If you have any questions about the User Terms of the VEHICLE BREAKDOWN Service, please contact us:
help@vehiclebreakdown.co.uk