1. Introduction
1.1 This website is owned and operated by Motor Diagnostics Limited. We are registered in the UK (technically “England & Wales”) under number 08535943. Our registered office and trading address is at Unit 1, Maple Business Park, Birmingham, Aston, West Midlands, B7 5ET. Our other contact details are specified on our website. Our VAT number is 124 12.

1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions.

2. Definitions
2.1 Capitalised terms have the following meanings in these terms and conditions:
2.1.1 “Diagnostic Check” means our service whereby we inspect vehicles for Faults.
2.1.2 “Fault” means an electronic fault.
2.1.3 “Report” means the report(s) and certificate (if applicable) which we issue following an Diagnostic Check.
2.1.4 “Service” means our Diagnostic Check service as well as the historical Report buying and other services offered by means of our website and any related software and services.
2.1.5 “User” means a person who uses any part of our Service.

3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you use our Service following the effective date shown.

4. Right to cancel under Distance Selling Regulations
4.1 If you are a consumer (ie acting for purposes outside a business), you may cancel your order within 7 working days of placing your order by email to info@motordiagnostics.co.uk or any of the other methods specified in the Distance Selling Regulations. Within 30 days of your notice we will refund your payment. However, this right of cancellation does not apply once performance of the relevant Service has begun – this occurs 48 hours before the time of the visit which is when we schedule in the engineer (in the case of Auto Checks) or when we make a Report available to you (if you are buying a historical Report) – in which case you agree to performance of the contract starting before the usual cancellation period has expired.

5. Use of our Service
5.1 You are not eligible for, and must not use or register on, our Service if you are under 18 years of age.

5.2 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

5.3 You must promptly comply with any reasonable request or instruction by us in connection with the Service.

5.4 You must ensure that all contact and payment information (eg email addresses, postal addresses including postcodes and credit card numbers) is accurate and not misleading and that you will update it so that it remains so.

6. Diagnostic Check visits
6.1 You must ensure that a person aged 18 or over is available to liaise with our engineer at the time and location specified for the visit.

6.2 You must comply with all requirements on our website in connection with the Auto Check service including as to (1) the availability of the vehicle including keys; (2) the adequacy of battery power and fuel; and (3) roadworthiness / road tax / MOT / insurance if the vehicle is to be tested on a public road. You must provide evidence of tax / MOT / insurance if requested by our engineer.

6.3 You must ensure that any location specified by you for the Auto Check is suitable for the purpose including adequate space around the vehicle and a suitable place for our engineer to park his vehicle nearby.

6.4 You must ensure that our engineer is treated courteously during the visit.

6.5 We reserve the right to cancel or discontinue any Auto Check if you fail to comply with any of the requirements in these terms and conditions.

6.6 If you wish to cancel an Auto Check visit, this must be done by the means specified on our website. If we receive your notice of cancellation at least 48 hours before the time specified for the visit, we will provide a full refund. There will be no refund if you cancel within that 48 hour period or if our engineer is unable to complete the Auto Check for reasons attributable to you e.g. the unavailability of you or your vehicle, or if we cancel or discontinue the Auto Check due to your failure to comply with the requirements in these terms and conditions.

7. Reports
7.1 You acknowledge and agree that Reports:
7.1.1 are based purely on the types of tests specified on our website;
7.1.2 are a snap-shot of the vehicle as of the time when the relevant tests are carried out and cannot cover any Faults that arise after the tests;
7.1.3 apply only to electronic faults and not any other kind of fault;
7.1.4 are not intended to guarantee (a) the authenticity of the registration document, mileage or any other information relating to the vehicle; or (b) that the vehicle will pass an MOT whether or not the Report includes a Fault FREE certificate;
7.1.5 are intended only for use by the person who orders the relevant Auto Check or who buys the Report online; and
7.1.6 may be incorrect if there are errors in the vehicle’s own systems or in our equipment which mean that Faults are not correctly identified and that we are not responsible for such errors provided we have exercised reasonable care.

7.2 You further acknowledge that Vehicle Identification Number (VIN) part of our Service, whereby we extract the VIN and compare with the VIN displayed on the vehicle and in the log book, is not an absolute guarantee that the vehicle has not been the subject of fraud, eg a “ringer” or clone”.

7.3 We will use reasonable endeavours to supply Reports within the timescale following the Auto Check as stated on our website when you order or, if none is stated, within a reasonable period. Reports are sent by email to the address you provide to us unless we agree otherwise. If you do not receive your Report within the timescale stated, you must promptly inform us in case it was sent but has gone astray.

7.4 We may make your Report available for access by you via our Website and, if so, we reserve the right to delete it within a reasonable period. We also reserve the right to alter Reports if it comes to our attention that an error has occurred.

7.5 If you order our Auto-Check service you acknowledge and agree that we may make the Report available to any third party (whether by way of sale or otherwise) provided we ensure that none of your personal details are included.

8. Our Content
8.1 Any information which we make available on our website is intended for very general guidance but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes.

9. Security
9.1 Your account on our website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

10. Payment
10.1 Payment is in advance by the means stated on our website.

10.2 Prices include VAT or other sales tax unless otherwise stated.

10.3 We may at any time change our prices. The new rate takes effect if you make an order after we post the new prices on our Service.

10.4 If any amount due to us is unpaid, we may:
10.4.1 charge reasonable additional administration costs; and/or
10.4.2 charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
10.4.3 suspend all or any part of our Service; and/or
10.4.4 cancel this agreement on written notice (including email).

11. Functioning of our website
11.1 We cannot guarantee that our website will be uninterrupted or error-free.

11.2 We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason.

12. Liability
12.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

12.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

12.3 Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
12.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
12.3.2 such loss or damage was not reasonably foreseeable by both parties;
12.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
12.3.4 such loss or damage relates to a business.

12.4 Very important: If you are a consumer (ie not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

12.5 The following clauses apply only if you are a business:
12.5.1 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
12.5.2 Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.
12.5.3 In no event (including our own negligence) will we be liable for any:
5.3.a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
5.3.b) loss of goodwill or reputation;
5.3.c) special, indirect or consequential losses; or
5.3.d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
12.5.4 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
12.5.5 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

13. Intellectual property rights
13.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on the website are our intellectual property. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

14. Third party websites
14.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.

15. “Act of God”
15.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.

16. Transfer
16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

17. English law
17.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

18. General
18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

19. Complaints
19.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.