Terms of Use of CarCarry.co.uk Website

MARKETPLACE T&Cs

1. DEFINITIONS

1.1 In these terms and conditions, and unless the context requires otherwise, the following definitions will have the meaning set out in this clause 1.1:

• "Accepted Quotation" means a quotation provided by a Transport Provider and accepted by a Customer, or the Customer's acceptance of a Book Now Price;
• "Agreement" means the agreement between Car Carry and the Customer on the terms of these terms and conditions;
• "Book Now Price" means the facility allowing a Customer to accept a fixed price and make a confirmed booking;
• "Booking Fee" means the fee payable by a Customer to Car Carry following acceptance by the Customer of an Accepted Quotation;
• "Customer" means a person (including any corporate body) who uses the Site and/or makes a Request for Quotation and/or accepts a Book Now Price, and "You" and "Your" shall be construed accordingly;
• "Delivery" means the delivery carried out by the Transport Provider pursuant to the Delivery Contract;
• "Delivery Contract" means the contract entered into between a Customer and a Transport Provider pursuant to which the Transport Provider will deliver the Customer's goods, as more particularly described in the Request for Quotation;
• "Car Carry" means Car Carry HUB;
• "Parties" means both Customers and Transport Providers and "Party" shall be construed accordingly;
• "Quotation" means the quotation provided by a Transport Provider to a Customer following a Request for Quotation;
• "Request for Quotation" means the request made by a Customer through the Site and which is responded to by Transport Providers;
• "Services" means the services provided by Car Carry to the Customer, as more particularly described in clause 6;
• "Site" means www.carcarry.co.uk or such other site as Car Carry may refer You to from time to time;
• "Transport Provider" means a delivery company who fulfils a Delivery Contract;
• "VAT" means value added tax at the then prevailing rate;

1.2 A reference to a company shall include any company, corporation or other body corporate, wherever and howsoever incorporated or established. 1.3 Words in the singular shall include the plural and vice versa. 1.4 A reference to one gender shall include a reference to the other genders. 1.5 A reference to any party shall include that party's personal representatives, successors or permitted assigns.

2. WEBSITE AVAILABILITY

2.1 Car Carry shall not be liable if, for any reason, the Site is unavailable at any time or for any period. 2.2 Access to the Site may be temporarily suspended and without notice in the case of a system failure, maintenance, modification or repair or for any reasons beyond Car Carry's control.

3. CONTENT

3.1 Car Carry does not warrant the accuracy or completeness of the content of the Site, that the material on the Site is up to date or that the Site will be free of defects or viruses. Car Carry may make changes to the content of the Site at any time and without notice. 3.2 You agree to use the Site in good faith and are prohibited from using, uploading, or transmitting to or from the Site any material:

• 3.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
• 3.2.2 which You have not obtained all necessary licences and/or approvals to use;
• 3.2.3 which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or
• 3.2.4 which is technologically harmful (including, without limitation, computer viruses, macro viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. 3.3 You may not misuse the Site or cause the Site to be interrupted, damaged or rendered less efficient, such that the effectiveness or functionality of the Site is impaired. 3.4 Car Carry will cooperate fully with any law enforcement authorities or court order requesting or directing Car Carry to disclose the identity of, or locate, anyone uploading any material in breach of this clause 3.

4. LICENCE TERMS

4.1 The Site, its design and construction, any materials on it and other intellectual property are owned wholly and exclusively by Car Carry, and shall remain the property of Car Carry at all time. 4.2 You agree not to copy, reproduce, store (in any medium or format), distribute, transmit, modify, decompile, disassemble or reverse engineer all or any part of the Site, the software or the materials on it.

5. REGISTRATION

5.1 You warrant that the name, address, company details (where relevant) and any other information that You provide when You register are full, accurate and complete in all material respects. You further warrant that You have the capacity and authority to undertake this Agreement. 5.2 Your registration with Car Carry is personal to You, and You warrant and represent that You will not transfer Your membership to any third party, nor allow any third party to use Your username and password, whether such username and password is provided to You by Car Carry or otherwise. 5.3 Responsibility for the security of Your username and passwords rests with You and You are responsible for all actions taken under that username and password. You shall only use the Site under Your own username and password.

6. THE SERVICES

6.1 Car Carry provides an introduction service through the Site which allows Customers and Transport Providers to meet and enter into negotiations with a view to entering into a Delivery Contract. 6.2 The Delivery Contract is personal to the Customer and the Transport Provider, and Car Carry shall have no involvement in the Delivery Contract, and the Customer hereby expressly agrees and acknowledges that Car Carry is not a party to the Delivery Contract. 6.3 Car Carry has no control over the quality, safety, or legal aspects of the Delivery carried out by a Transport Provider following the conclusion of a Delivery Contract, or over quotes that a Transport Provider places through the Site. 6.4 It is Your responsibility to select a suitable Transport Provider for the provision of the Delivery, and it is Your responsibility to accept the terms of a Quotation and to negotiate the terms of the Delivery with Your selected Transport Provider.

6.5 Car Carry acts as a transport broker/agent and does not directly provide transport services. Our role is to connect Customers with Transport Providers. The Transport Providers are directly responsible for any claims, damage, and resulting insurance processes that arise during transportation. 6.6 Transport Providers are required to have road insurance, transit insurance for transporting vehicles, and public liability insurance to cover their operations. Customers should confirm the coverage and validity of these insurances directly with the Transport Providers before entering into a Delivery Contract.

7. FEES AND CHARGES

7.1 Upon acceptance of an Accepted Quotation by a Customer, the Customer shall pay to Car Carry the Booking Fee. 7.2 Car Carry will charge the Customer a Booking Fee, which is equal to either a percentage of the transportation costs agreed, or a minimum fee.

7.3 The obligation of the Customer to pay the Booking Fee is independent of the performance of the Delivery by the Transport Provider. 7.4 The balance of the Accepted Quotation, being the difference between the value of the Accepted Quotation and the Booking Fee paid by the Customer, is payable directly to the Transport Provider according to the terms of the Delivery Contract. Car Carry shall not be responsible for effecting this payment through the Site. 7.5 All Quotations provided to a Customer by Car Carry through the Site are inclusive of VAT and, where applicable, any local taxes. 7.6 Car Carry reserves the right to change the basis for the calculation of the Booking Fee at any time. For the avoidance of doubt, any changes to the calculation of the Booking Fee will not apply to Accepted Quotations accepted by a Customer but where the ensuing Delivery Contract has yet to be performed or entered into.

8. CANCELLATIONS AND REFUNDS

8.1 Customers and/or Transport Providers will negotiate the terms of the Delivery Contract directly once there has been acceptance of an Accepted Quotation by the Customer.

8.2 Notwithstanding the terms of clause 8.1, either party may withdraw from the process prior to the entry into by the Parties of the Delivery Contract.

8.3 Where the Delivery Contract is not concluded, the Customer will be required to notify Car Carry of the reason for such non-completion ("Confirmation of Cancellation"). The appropriateness or otherwise of the reason for such non-completion will determine whether Car Carry, acting always in its absolute discretion, makes a refund of the Booking Fee to the Customer. By way of guidance, Car Carry will only consider a refund of the Booking Fee in circumstances where the Transport Provider has been unable or unwilling to agree the terms of the Delivery.

Customers are entitled to a full refund of the Booking Fee if they cancel within 72 hours of the booking, provided that the cancellation is made at least 48 hours before the scheduled collection time.