Service Provider User Agreement
Please note that if you wish to access or use the Service as an Adventurer then you must read and accept the “Adventurer 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 receive information which will assist them in securing Bookings with Adventurers.
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). When you sign up to receive our Service(s), we will provide a “Membership Confirmation“, which confirms that we will provide the Service to you in accordance with this Agreement. There will also be a tariff of charges applicable to your membership level (except for the Free Forever Plan) as set out within our Pricing Plans and Membership Confirmation.
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 using the Service to book services with Service Providers online through our Website (“Bookings“) is referred to in this Agreement as a “Adventurer” and any information they provide to you, and all information relating to them, is referred to as “Adventurer Information“. As part of receiving the Service, you may from time to time upload information to the Service or otherwise provide us or other users of the Service with information relating to you, your employees and/or your subcontractors (“Service Provider Information“).
“Service Provider” means the independent owner, business or provider of the businesses, service professionals and other service providers of any description featured on this Website.
Use of the Service
The core purpose of the Website is to provide a Service to connect Adventurers with reliable and genuine Service Providers. The Service is further filtered into Plans ranging from Free listings to Verified Service Providers with online booking facilities.
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 other Service Providers.
- Pose as a Adventurer in order to receive information from other Service Providers about their businesses for any purpose whatsoever.
- Try to manipulate the Adventurer review system by fabricating reviews or attempting any other devious and dishonest tactics.
We shall endeavour to make towzone.co.uk available to users at all times.
We shall perform the Service(s) in accordance with Good Industry Practice and the applicable Service Rules below.
You shall provide us with any content reasonably required from you to perform the Service and in a suitable format as specified by us. We shall have the right to change content provided by you as we deem necessary or convenient to provide or optimise the Services.
You shall take such reasonable steps as are required to receive or maintain the Service where the nature of the Service requires your periodic attention, including maintaining your own computer systems.
Where the provision of a Service relates to content, syndicated or distributed via your business website, or using content from your business website, you grant us the right to access, copy, store, compile and index such website content comprised therein, including by automated means such as web ‘spiders’ or ‘crawlers’. You warrant that you have all necessary IPR to grant such rights. All terms and conditions applicable to such a website which may otherwise prevent such use of the website or its content shall be excluded as between the said parties.
You are responsible for arranging your online access to the Service and for paying any relevant fees, for example, to your broadband supplier. You are also responsible for having all the necessary equipment for accessing the Service.
You are responsible for taking and maintaining backups of any content provided by you and for which you are responsible for use beyond the scope of the Service or beyond the Term. We are not responsible for storing any content associated with the Service following termination or expiry of the Service for any reason.
You agree not to use the Service in any unlawful manner including abuse, harassment, stalking, defamation, threats or otherwise violate the legal rights of others. You also agree not to publish, post, distribute or upload any defamatory, abusive, obscene, discriminatory or other unlawful material.
You are responsible under the General Data Protection Regulations (GDPR) to maintain the privacy of all Adventurer information and data passed to you via the Service.
On occasion we may supply Free Trials of Services for the time period specified in the applicable invitation to treat, offer, promotion or Service Rules (“Trial Period”) as a Free Service. We shall have the right to change, suspend or terminate Trial Service, without liability, at any time, for any or no reason, immediately without notice. These Conditions and the applicable Service Rules shall apply to any Service when provided as a Trial Service.
The Trial Service will be automatically cancelled at the end of the Trial Period unless you choose to extend the Service.
Use of the Trial Service shall be at your own risk. We make no warranty that the Trial Service will be free from faults or defects, of any particular specification or quality, or fit for any particular purpose. We shall not be liable for your reliance on any Trial Service, including any loss of, or corruption to, data caused by your use of a Trial Service. We exclude our liability for the provision of Trial Service to the fullest extent permitted by law.
On occasion we may supply Beta Services for the time period specified in the applicable offer, promotion or Service rules.
Beta Services shall be provided on an “as is” and “as available” basis. We shall have the right to terminate Beta Service, without liability, at any time, for any or no reason, immediately without notice. These Conditions and the applicable Service rules shall apply to any Service when provided as a Beta Service.
Use of the Beta Service shall be at your own risk. We make no warranty that the Beta Service will be free from faults or defects, of any particular specification or quality, or fit for any particular purpose. We shall not be liable for your reliance on any Beta Service, including any loss of, or corruption to, data caused by your use of a Beta Service. We exclude our liability for the provision of Beta Service to the fullest extent permitted by law.
Plan means a bundle of Services. The following Plans are currently available:
- Free Forever Plan
- Partner Plan
- LocalPRO Plan
The Free Forever Plan will be provided subject to a Monthly Rolling Term with no payment required.
The Partner Plan will will be provided subject to a Monthly Rolling Term with a monthly subscription payment required.
The LocalPRO Plan will be provided subject to 90 Day Rolling Term with a monthly subscription payment required.
Free Forever Plan
The Free Forever Plan means a Service whereby we publish your business details on towzone.co.uk without charge.
We offer this Service at our sole discretion on an “as is” and “as available” basis as a Free Service.
A Free Profile Listing can be upgraded to an enhanced Paid Listing at any time.
We have the right to terminate a Free Profile Listing without liability to you at any time, for any or no reason, immediately and without the need to give notice to you.
You may remove your Free Profile Listing at anytime by deleting it from your User Dashboard or by contacting us by email at email@example.com.
Use of the Free Service shall be at your own risk. We make no warranty that the Free Service will be free from faults or defects, of any particular specification or quality, or fit for any particular purpose. We shall not be liable for your reliance on the Free Service, including any loss of, or corruption to, data caused by your use of a Free Service. We exclude our liability for the provision of Free Service to the fullest extent permitted by law.
The Partner Plan means a Service whereby we publish your business details on towzone.co.uk for a fixed monthly charge.
We offer this Service at our sole discretion on an “as is” and “as available” basis as the Partner Service.
The Partner Profile Listing can be downgraded to a Free Forever Listing at any time.
We have the right to terminate a Partner Profile Listing without liability to you at any time, for any or no reason, immediately and without the need to give notice to you.
Use of the Service shall be at your own risk. We make no warranty that the Service will be free from faults or defects, of any particular specification or quality, or fit for any particular purpose. We shall not be liable for your reliance on the Service, including any loss of, or corruption to, data caused by your use of a Service. We exclude our liability for the provision of Service to the fullest extent permitted by law.
The LocalPRO means a Service whereby we publish your business details on towzone.co.uk with an enhanced profile and inclusion on the Towzone Configurator in an exclusive service area as agreed and documented on sign up.
You accept that the Service we provide to our LocalPRO Members is that of a Booking agent and that by carrying out the Services booked through the Website you are entering into a contract with the Adventurer to carry out the work requested on your standard terms and conditions.
All prices loaded into the platform are your agreed prices for the Service provided and all Bookings made by Adventurers via the Towzone Configurator for your Service area will be automatically and immediately forwarded to you upon booking.
It is your responsibility to determine whether you wish to move forward with the Booking or to decline the Booking.
If you choose to move forward with the Booking then it is your responsibility to check the order for accuracy, stock availability and available time slots and to contact the Adventurer within one working day to confirm the Booking. Failure to consistently follow this rule may result in the termination of your account as per the termination section of this Agreement.
If you choose to decline the Booking then it is your responsibility to notify us (not the Adventurer) via Email or your LocalPRO chat channel as soon as is practically possible and no later than 8 working hours after receiving the booking. We will then look to place the booking with an alternative approved Partner Member. Failure to consistently follow this rule may result in the termination of your account as per the termination section of this Agreement.
In the event of stock or time slot unavailability then you are free to re-arrange a new mutually agreeable Booking day and time slot with the Adventurer directly (and without the need to inform us) as you would with your usual business practices. In the event that you cannot fulfil the Booking (for whatever reason) or come to an acceptable Agreement with the Adventurer for a new Booking time slot then it your responsibility to contact us immediately to provide us the possibility to place the Booking with an alternative approved Partner Member. Failure to consistently follow this rule may result in the termination of your account as per the termination section of this Agreement.
As long as there is not a clear and obvious error, either by the Adventurer or us, then you agree to supply the Service at the Booked price as per our Price Promise Guarantee.
As a LocalPRO you agree to provide a minimum of 12 months warranty on all parts and labour as standard and without any additional cost to the Adventurer.
You agree that you will not use subcontractors for any Bookings online via the Service without the prior consent of the relevant Adventurer. You are responsible for ensuring that your subcontractors are both qualified and legally entitled to carry out the Bookings requested. By using subcontractors on Bookings obtained via the Service you agree that each of your subcontractors will also comply with the terms of this Agreement as if they were a party to it. You also acknowledge that you are responsible for all acts and omissions of your subcontractors.
On completion of the Service booked you will provide a sales invoice to the Adventurer for your Services provided at the total value as per your usual process showing our sales Booking fee as “deposit paid”.
We have the right to terminate a LocalPRO account without liability to you at any time, for any or no reason, immediately and without the need to give notice to you as per the termination section of this Agreement.
We undertake no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of you as the Service Provider who sell their products and services through us. This means that in the event of the Adventurer suffering personal injury, illness or death as a result of any act or omission by you as the Service Provider (including your employees or subcontractors) or the Adventurer having any complaint about the quality of the service(s) provided or having any complaint at all, the Adventurers sole right of redress will be against you as the Service Provider who provided such service and we will be under no liability at all (whether in contract, tort or otherwise howsoever).
In the event that you (or any of your subcontractors) have a dispute with a Adventurer, you should address the dispute directly with the Adventurer concerned.
In the event that the Adventurer contacts us then we may decide to investigate any grievances held by you or the Adventurer and will discuss the investigation with all parties. This may also involve temporary suspension of the Service, termination of the Service (for a definite or indefinite period) or we may take any lawful action we deem necessary.
Save as per the Towzone Guarantee below, we cannot be involved in your disputes with Adventurers and in the event that you have a dispute, you here by release (including your subcontractors) us from all claims, demands and damages of any kind, known or unknown, disclosed and undisclosed, suspected and unsuspected arising in any way from all such disputes.
Use of the LocalPRO Service shall be at your own risk. We make no warranty that it will be free from faults or defects, of any particular specification or quality, or fit for any particular purpose. We shall not be liable for your reliance on the Service, including any loss of, or corruption to, data caused by your use of the Service. We exclude our liability for the provision of the Service to the fullest extent permitted by law.
The Towzone Guarantee is unique 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 Service Provider or any losses that you or the Adventurer 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 Adventurer to resolve the issue amicably.
In the event that the Adventurer is still not satisfied with the way in which you 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 this 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 you and the Adventurer and will do our best to mediate and to resolve the issue.
If the issue cannot be resolved then Towzone will make a decision based on its own investigation which is made purely at its own discretion and is not a replacement for any legal action a customer might take against the Service Provider. This 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.
Following our investigation we reserve the right to terminate any LocalPRO, at any time and for any reason, by providing 14 days written notice at which stage the Service Provider will be released from any further liability in connection with the Service and the Service will be terminated without refund.
All Towzone Profile listings rely on content provided by the Member.
LocalPRO listings are managed by us whilst Free Forever and Partner Plans are self administered by the Member which means all content is User generated and the following rules apply in all cases:
Images on Profile pages must only show your company premises, vehicles, staff (with their permission), products and services. You are responsible for uploading the images on towzone.co.uk, that they are free from viruses and for any infringement of the IPR of any third party.
Profile pages where a video can be embedded (Partner & LocalPRO Plans Only) from most video sharing platforms (e.g YouTube & Vimeo) can be of a marketing nature but must only display your company premises, vehicles, staff (with their permission), products and services. You are responsible for embedding the video on towzone.co.uk and for any infringement of the IPR of any third party.
Links to external websites included on Profile Pages must be live, to your business website or a related website (such as a trade association) which has high quality and relevant information and must allow Users to return to Towzone.co.uk by clicking on the “Back” button on their browser.
The logo for your business must be the correct logo for your business, virus free and must not infringe the IPR of any third party.
Where you display trade accreditations or certifications (Partner & LocalPRO Plans Only) on your Profile listing, we may verify the relevant certification, however the validity of the accrediation/certificate will always remain your responsibility. Any checks that we may carry out do not reduce your obligation to ensure that you (and your subcontractors) continuously maintain the accreditation’s displayed.
We will not be held responsible or liable to your or any third party for the content or accuracy of any user generated content posted on towzone.co.uk.
You shall indemnify us for any costs incurred by us in the event that any third party brings a claim or objection against us for infringement of IPR or for other claims or objections including for misrepresentation or misleading consumers.
It is your responsibility to keep all passwords or access codes that we provide to you confidential, and you shall have the absolute liability for all actions taken when your log in details are used other then where such use is as a result of our failure or breach of data security.
We have the right to decline, suspend or cease to publish any profile listing or advertisement, or suspend any Service, immediately and without prior notice, where:
- It provides an address (including a branch address) that is not a genuine trading address or otherwise includes inaccurate business and contact particulars (with the exception of Multi Site Franchise locations for Mobile Service Providers);
- It includes a competition which is in breach of relevant advertising, trading or consumer protection laws, regulations or standards;
- It includes the personal data of any data subject without a clear lawful basis for processing under the Data Protection Legislation or where the data subject makes a complaint about their privacy rights being infringed contrary to the Data Protection Legislation;
- We consider the content is or may be contrary to or infringes the Advertising Policy, Service Rules, the terms of any law, or the rights of any person;
- We consider the content may subject us to a claim, prosecution, criticism or embarrassment;
- We consider any content (including a hyperlinked external website) or your use of the Services is or may be unlawful, misleading, offensive, prejudicial, inflammatory;
- You have notified us that the display of content on our Service submitted with a CFSA Customer Declaration may constitute a breach of the Financial Services Regulatory Regime.
- We have reasonable grounds to believe that the owner or controller of IPR in Content used within the listing or advertisement has not granted, has withheld or withdrawn permission for such use.
- Suspension of your listing, advertisement or Service pursuant to this clause shall not relieve you of the obligation to pay the charges in respect of the relevant Service. The suspension shall cease as soon as reasonably practicable following resolution of the circumstances giving rise to the suspension.
Where we have a right of termination or suspension arising from an issue relating to content (“Content Problem”) we shall have the right but not the obligation to change the content without prior notice as we deem necessary or convenient to remedy the content problem. We shall notify you of the change as soon as reasonably practicable.
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.
You agree that any reviews, ratings and comments, whether they be good, bad or indifferent, will be published on your Profile Page on the Service.
In the event that you believe a review has been fabricated to negatively and detrimentally damage your business then you should in the first case contact us at firstname.lastname@example.org or via live chat detailing your concerns.
We will investigate all allegations of review fraud as per our Review Fraud Policy and will temporarily pause the review until the investigation has been carried out.
The findings of the investigation will result in a “Genuine” or “False” outcome:
- Genuine – Review will be upheld and will become live on your Profile listing.
- False – Review will be removed from your Profile listing.
In the event that a poor user review is made public on your profile we actively encourage you to respond to the User by reply publicly using a professional tone to seek clarification of the situation and to provide your view of the situation. This dialogue can successfully turn a poor review into a positive one.
Terms, Payment & Termination
All Plans shall commence on the effective date and the renewal period for the Service will continue indefinitely subject to a monthly rolling term until or unless terminated in accordance with this Agreement.
You shall pay the charges for each Service as set out out if the Pricing Plan page at the effective date of when your subscription was made. All prices are shown exclusive of VAT and any other applicable taxes which must be paid in addition.
Where a payment fails then we will retry to take the payment four times within a two week spell. If after the fourth attempt payment cannot be taken then your subscription will be cancelled with immediate effect.
Subscription payment shall be made in pounds sterling (£) monthly in advance by credit or debit card using our chosen payment provider: Stripe
Subscriptions can be cancelled or downgraded at anytime within the rolling monthly period using the User dashboard facility. Downgrading a Partner Plan account will move the status of the Profile listing to a Free Forever plan with reduced features and presence on the next renewal day; where a multi site franchise listing is downgraded only the main “Master” listing will remain and all franchise locations will be removed from the platform. Cancelling an account will remove all Profile listings and close your account on towzone.co.uk permanently.
We reserve the right to terminate the subscription and Agreement of said Service at any time for any of the following reasons:
- A petition for the winding up, administration or bankruptcy of the Service Provider;
- The Service Provider commits and irremediable material breach of the Agreement;
- The Service Provider repeatedly breaches the terms of the Agreement;
- The Service Provider is unable to pay any debts incurred as they fall due;
- The Service Provider suspends or ceases to trade, all or a substantial part of its business;
- We reserve the right to terminate any Service or part thereof, at any time and for any reason, by providing 14 days written notice at which stage the Service Provider will be released from any further liability in connection with the Service and the Service will be terminated without refund.
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 you do not accept our decisions to amend or reject a Profile listing.
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). 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 Service Provider User Agreement;
ii. the Adventurer 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.