Adventurer User Agreement
Please note that if you wish to access or use the Service as a Service Provider then you must read and accept the “Service Provider User Agreement” which can be viewed here.
The Service is for use in the United Kingdom only. You must not access the Service from any other jurisdiction. You are responsible for all compliance with laws and regulations which apply to you.
Table of Contents
We are Towzone who acts as promoter and booking agent for Service Providers listed on the Website. Our registered company number is (company registration number tbc) and our registered office is at 85 Great Portland Street, First Floor, London, W1W 7LT. Where we refer to ourselves in this Agreement, this is also taken to include (where the context allows) our group companies, affiliates, and our and/or their employees, associated and contracted persons, and persons supplying Service(s) to us or them.
Where we refer to you in this Agreement, this also includes any person that accesses or uses our Service on your behalf in order to request information which will assist them in securing Bookings with Service Providers.
Our “Apps” are the Towzone application and any other application that we release (each as modified and/or updated by us from time to time).
The “Service” consists of the Website, our Apps, any pages we operate on third party social media applications, and the content and services we make available through them via the internet, mobile devices including smart phones and tablets, and/or interactive devices and services, together with the provision by us of associated information, products and services by email, telephone or mail.
Any person or business using the Service to promote their service (except us) is referred to in this Agreement as a “Service Provider” which means the independent owner, business or provider of the businesses, service professionals and other service providers of any description featured on this Website.
Any person or business using the Service to book services with Service Providers online through our Website (“Bookings“) is referred to in this Agreement as an “Adventurer” and any information you may provide from time to time in relation to using the Service is referred to as “Adventurer Information“.
Use of the Service
The core purpose of the Website is to provide a Service to connect Motorists with reliable and genuine Service Providers.
You agree that you will under no circumstances:
- Use the Service for the purpose of contacting, quoting, exchanging, purchasing or reselling leads and other services from Service Providers;
- Pose as an Adventurer in order to receive information from Service Providers about their businesses for any purpose whatsoever;
- Try to manipulate the Service Provider review system by fabricating reviews or attempting any other devious and dishonest tactics;
- Communicate any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any person;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Cause the Service to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Service is in any way impaired;
- Restrict or inhibit any other user from using and enjoying the Service;
- You warrant that all information you supply is true, accurate, current and complete; you will safeguard any account information; or
- You are 18 years of age or older in order to register for an account, book or contribute to the Service.
- You will not republish material from this Website (including republication on another website);
- You will not sell, rent or otherwise sub-license material from the Website;
- You will not reproduce, modify, duplicate, sell, lease, market, copy or exploit material on our Website for a commercial purpose;
- You will not breach any intellectual property rights, including removal of trademark, copyright or other proprietary notice of Towzone.co.uk or others;
- You will not make any unauthorised, false or fraudulent Booking;
You warrant that you have legal capacity to use the Service and where necessary to create a legally binding contract.
You warrant that all Personal Adventurer Information submitted during Booking is correct and you accept financial responsibility for all transactions made under your name or account.
You hereby authorise Towzone.co.uk to process all Personal Adventurer Information about you that has been obtained in connection with your Booking. Personal Adventurer Information shall be deemed to include, but not limited to: any telephone numbers, email addresses, addresses of residences, signatures, ID, or any other information belonging to you
Important Information in Relation to the Service
You may only use the Service to contact a Service Provider or to book a genuine order with a Service Provider where you have authority to appoint one or more Service Providers and your intention is to do so subject to the payment terms detailed below. You may not contact or book orders for anything which is not legal.
It is your responsibility to select a suitable Service Provider and to either communicate with them directly or book their services online using the Service which will be performed by the Service Provider selected.
We check and verify the credentials of LocalPRO and certain specified Partner Service Providers only. All Service Providers that have been verified by us will clearly display a “Verified” badge on their listing and profile pages so that they can be easily identified.
Regardless of whether a Service Provider has been verified or not, we do not guarantee any Service Providers information, accreditation, or registration.
Save as per the Towzone Guarantee below, we make no warranty regarding any goods or services booked, purchased or obtained through the Service or any transactions entered into through the Service, and you should in all cases make your own enquiries.
It is your responsibility to carry out appropriate checks on any Service Provider that you are considering engaging and to request evidence of relevant trade or industry accreditations and to satisfy yourself that the Service Provider is solvent and has appropriately qualified and certified personnel to complete the work prior to Booking or contracting them. You should not make any deposit or payment directly with the Service Provider without having conducted such checks to your full satisfaction. While our hope is that you will be happy with every Service Provider you find through the Service, you should not engage any Service Provider if you have any doubts or concerns about them.
We will not be a party to any contract made between you and any Service Provider and therefore we shall not be liable for any loss or damage that results from any dealings between you and any Service Provider including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.
Where a Booking is made, we act only as a booking agent will have no responsibility for any errors in documentation except where those errors were made by Towzone.co.uk.
We undertake no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any Service Provider who sells their products and services through us. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of a Service Provider or other supplier of services (or their employees, subcontractors or agents) or you having any complaint about the quality of the services provided or having any complaint at all, your sole right of redress will be against the Independent Service Provider who provided such service and Towzone.co.uk will be under no liability at all (whether in contract, tort or otherwise howsoever).
Nothing in these terms shall operate to exclude or limit the liability of Towzone.co.uk for fraudulent misrepresentation or death or personal injury caused by our negligence.
Where an online Booking is made through the Service, Towzone.co.uk acts as booking agent only in respect of Bookings we make on your behalf. By proceeding to book services through the Website, you accept that you will be entering into a contract with the Service Provider on their standard terms and conditions. If they are provided, we will endeavour (but undertake no liability to do so) to make copies of the Service Provider’s terms and conditions available to you.
You accept that we have not in any way selected or assembled your Booking arrangements for you. Where you, or any of the people that you are Booking on behalf of, are in breach of any the provisions of these Terms or contravention of any laws or rights of a third party, we reserve the right to cancel your Booking without refund or compensation in any way and recover from you any costs incurred as a result of your behaviour.
Save as per the Towzone Guarantee detailed below, Towzone.co.uk will not be liable for any changes, cancellation, effect on your Booking, loss or damage suffered by you or for any failure by the Service Providers and/or Towzone.co.uk to perform or properly perform any of our respective obligations to you which is due to any event(s) or circumstance(s) if the non-performance is caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe, industrial disputes, technical failure or other causes that seriously affect both parties and other unforeseeable causes beyond Towzone.co.uk’s control.
If any part of these Terms limiting or excluding liability is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.
When Booking services using the Website, you will follow this process:
- Select your preferred LocalPRO Service Provider;
- Select the manufacturer and model of the vehicle, caravan or trailer to be worked on;
- Select the service required using the online Configurator;
- Select the preferred date and time slot for the work to be carried out;
- Finally proceed to the final booking checkout page.
Please ensure that you carefully check the dates, the price, the type of service provided (such as mobile or drive-in workshop service) and the Service Provider details before proceeding with your Booking. Bookings can only be made by using the online Configurator and following the online Booking procedure above.
By making the Booking you are confirming:
- That you are over 18 and have the authority to book the work;
- That you are the owner of the vehicle, caravan or trailer that the work is to be carried out on; or
- That you have the express permission of the owner of the vehicle, caravan or trailer that the work is to be carried out on;
- That you become responsible for making all payments due to the Service Provider under the Booking.
Following the placement of a Booking:
- Towzone.co.uk will confirm your Booking details by email and sms. If you do not receive a confirmation email within 12 hours of your Booking please contact us at email@example.com.
- Your Booking at this stage will be provisionally Booked and passed to your chosen LocalPRO Service Provider and subject to their final confirmation.
- Within one working day of placing the Booking your chosen LocalPRO Service Provider will contact you to confirm the Booking arrangements.
Please note that due to stock availability and other unforeseen circumstances, the Service Provider reserves the right to rearrange your Booking date and time for any reason.
Please also note that in rare circumstances your chosen Service Provider, for whatever reason, may not be able to fulfill the Booking in which case we will look to allocate an alternative Service Provider who will provide the service for you at the price originally booked.
In this event, we will contact you directly to explain the situation and provide details of the alternative Service Provider. You are free to accept the alternative Service Provider (in which case you would enter into a contract with them) or cancel the Booking (in which case your deposit would be refunded).
Deposits, Payments & Refunds
When placing a Booking using the Service provided on the Website, Towzone.co.uk will deduct a deposit from your payment card to reserve the Booking.
Deposit payments will be clearly shown and shall be made in pounds sterling (£) by credit or debit card using our chosen payment provider: Stripe
The balance of the payment remaining must be paid directly to the Service Provider with whom you entered into the contract with on the Booking appointment date.
The Service Provider will provide details of their payment types and how to pay the balance prior to the appointment day.
An invoice will be provided by the Service Provider for the total amount paid (deposit and balance) including VAT where relevant.
If you choose to cancel your Booking prior to the appointment date then your deposit will be refunded in full.
For further details please see the section “Cancelling or Amending a Booking” below.
Cancelling or Amending a Booking
If you wish to amend your Booking date prior to the appointment date, please contact the Service Provider directly and as soon as practically possible to rebook.
If you wish to amend or make additions to the details of the services or components (e.g. towbar type, fixtures, electrics etc) of the Booking prior to the appointment date, please contact the Service Provider directly and as soon as practically possible.
If you wish to cancel your Booking prior to the appointement date:
- You may cancel your appointment and receive a full refund of any monies that you have paid to us at any time before the Service Provider commences work on your vehicle, caravan or trailer.
- To cancel the service, please contact the Service Provider directly and as soon as is practically possible before the work is started on your vehicle, caravan or trailer.
- The Service Provider will then contact us to request the refund of your deposit.
- We will contact you within one working day to confirm the cancellation and refund your deposit accordingly.
If you wish to cancel your Booking after the Service Provider has begun work:
Under the Consumer Contracts Regulations 2013 you have the right to cancel certain contracts for services within 14 working days counting from the day after the day on which such contracts are concluded. Additionally, the Consumer Protection (Distance Selling) Regulations 2000 provide for a right to cancel certain other contracts, although this right exists for a shorter period.
When you give the keys to your vehicle, caravan or trailer to the Service Provider you are giving your express consent to begin work on your vehicle, caravan or trailer. That means the Service Provider will have begun the work before the end of the usual cancellation period and your cancellation rights under the Regulations will end when that work begins.
This means that once the work has begun you can no longer cancel, your deposit will not be refunded and the work will be carried out in full as booked and you are legally obliged to pay in full for the services rendered.
When a Booking is made using our Service a contract is formed between the Adventurer who placed the Booking and the Service Provider who will carry out the work. Towzone.co.uk act only as the booking agent.
In the event that you have any issues with the workmanship of your chosen Service Provider then in the first case you should always contact the Service Provider to resolve the problem.
In the event that the Service Provider does not rectify the problem to your satisfaction then:
- You are within your rights to persue them using an Ombudsman and/or Small Claims Court; and/or
- If the complaint is within 30 days of the work being completed you may make a claim under the Towzone Guarantee as detailed below.
For Bookings made online using the Service:
- A minimum 12 months warranty is given by all LocalPRO Service Provide which will cover all workmanship, labour and parts.
- In most cases the parts and components used by the Service Provider will also be covered by a manufacturers warranty, the length of which is determined by the products used by the Service Provider. The Service Provider will be able to confirm these details with you upon request.
- In many (but not all) cases Towzone.co.uk offer an Extended Warranty (Up to 5 years) which can be optionally purchased only at the time of Booking. The extended warranty covers all parts and labour during this time. Further details can be found on the Booking checkout page.
The Towzone Guarantee is unique to us and means that all work carried out by an approved Service Provider (LocalPRO) which is booked online through the Towzone Configurator are backed by us for 30 days from the date that the work was carried out.
The guarantee does not imply that we are liable for any issues or that we are legally responsible in any way for the workmanship of you as the third party Adventurer or any losses that you or the Service Provider may incur.
In the event that the Adventurer is not satisfied with the quality of the LocalPRO’s workmanship then we in the first case expect you to communicate directly with the Service Provider to resolve the issue amicably.
In the event that the Adventurer is still not satisfied with the way in which the Service Provider handled the complaint then we may at our absolute and sole discretion look to reimburse the Adventurer for the amount paid to you, subject to a limit of £750 (exc VAT).
The guarantee covers both the workmanship and parts for the work booked via towzone.co.uk. It does not cover any additional work or services carried out by the Service Provider that were not booked through the Website or any damages to the Adventurers vehicle (including bumper or trim cuts) or any other property, or dissatisfaction with the price, or cancellations, or responsiveness.
We will request additional information from both the Adventurer and the Service Provider and and will do our best to mediate and to resolve the issue.
If the issue cannot be resolved then we will make a decision based on our own investigation which is made purely at our own discretion and is not a replacement for any legal action a customer might take against the Service Provider. This process will take no longer than 20 working days.
We reserve the right to insist that any fitted parts are removed before any claim is paid.
A maximum of one claim can ever be made by any one Adventurer against this Guarantee.
We actively encourage all Users and Adventurers to leave honest reviews in relation to the service they have received from Service Providers on our Website as per the following terms:
- Free Forever and Partner Plan Listing reviews are not verified by us.
- LocalPRO listing reviews are verified by us.
By submitting reviews to the Website you grant Towzone.co.uk and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
(a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any submissions throughout the world in any media;
(b) use the name that you submit in connection with any submissions.
By submitting reviews to the Website, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
(a) any false, unlawful, misleading, libellous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, privacy-invading, abusive, inflammatory, fraudulent or otherwise unlawful or objectionable content;
(b) the private information of any third party;
(c) content which may expose Towzone.co.uk or its affiliates or users to any harm or liability of any type.
Towzone.co.uk takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or by any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Towzone.co.uk reserves the right to remove any content in our absolute discretion in the event we believe a breach of these Terms has occurred.
Suspension of Services
We may temporarily suspend any Service at any time for the following reasons:
- To carry out essential maintenance;
- To prevent or respond to a service attack or hacking attempt or other emergency technical issue;
- If we believe that your passwords and access codes have been compromised;
- Where any parts of the Adventurer Information which we consider is in breach of this Agreement.
Suspension of your Service(s) pursuant to this clause shall not relieve you of the obligation to pay the charges in respect of such Service(s) already booked.
The suspension shall cease as soon as reasonably practicable following resolution of the circumstances.
Intellectual Property Rights
You accept that, unless otherwise stated, all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service and any part of it (the “Rights”) to the Website and material and content on the Website (including, but not limited to, text, images, web pages, logos, sounds, layouts, software (including code, interface and website structure), materials, icons, video, look and feel, design and compilation thereof). All these intellectual property rights are reserved and you may not use intellectual property identifying or belonging to towzone.co.uk contained on the Website or otherwise without the prior written approval of us.
All goodwill arising in connection with the Website www.towzone.co.uk shall belong to us.
This Agreement constitutes the entire agreement as to its subject matter and also supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral with the exception of the Terms and Conditions of Use and/or Service Provider User Agreement where these have been entered into. To the extent that there is any conflict between them, those agreements shall apply in the following order of precedence:
i. this Adventurer User Agreement;
ii. the Service Provider User Agreement;
iii. the Terms & Conditions of Use
You acknowledge that you have placed no reliance on any representation made but not set out expressly in this Agreement.
Any notice to be given under this Agreement may be given via e-mail, regular mail, or by hand to the address provided on the Website or otherwise as notified by one party to the other.
Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
Notwithstanding any other provision in this Agreement a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of this Agreement.
This Agreement shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
This Agreement was last updated on: 01/07/2021.