This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at www.nationwidebreakdown.com (the "Site"). The Site "nationwidebreakdown.com" is operated by Nationwide Breakdown (Nationwide Breakdown™, We or Us) whose registered office is, Nationwide Breakdown, Baldow, Kincraig, Inverness-Shire, PH21 1ND, email; email@example.com.
If you do not agree to be bound by this User Agreement, you may not use or access our services.
To use our services you must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that you read this User Agreement
This User Agreement takes effect from the date on which you register and are authorized and accepted by Us. By using our services, you confirm your acceptance of, and agree to be bound by, this User Agreement.
Nationwide Breakdown™ reserves the right at its sole discretion to modify or discontinue the Service or modify the terms and conditions of Users´ access to the Service, without notice to Users, and shall not be liable to the User or any third party for doing so. All the accounts created are the property of Nationwide Breakdown™.
Existing Users will be bound by any amended User Agreement by continued use of the service. If you do not agree to the changes, your only remedy is to discontinue use of the service.
1. Identity Information
1.1 You warrant that your name, address and company details and any other information that you provide when you register is accurate. You further warrant that you have the authority to undertake this agreement.
1.2 You agree that We may disclose your name, address and company details where there is any interest in your information in relation to goods or services advertised.
1.3 You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any unauthorized person. You shall not transfer or sell your User ID to any other person.
2. Member Authentication
2.1 We use many procedures to verify the accuracy of the information our Users - Members and Users - Service Providers, provide to us when they register on the Site. However, because user verification on the Internet is difficult, Nationwide Breakdown™ cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site.
2.2 Our User feedback tools will also help you to assess the User with whom you are dealing. We encourage you to correspond with potential trading partners using the tools available within the Site. When you register you warrant the accuracy, truthfulness and reliability of any information, which you place on the Site. You are responsible for the content of your information. If you post an incorrect or misleading message, you will be liable for the consequences.
3.1 You agree to keep secure your password and other confidential information relating to access to the Nationwide Breakdown™ Site. We cannot guarantee that the system and your data will never be infiltrated by unauthorized users or hackers and you take that risk. If you find evidence of infiltration, please let us know as soon as possible and we will take steps both to try and prevent it and to notify the proper authorities. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site.
3.2 Please note that there is a risk of dealing with people acting under false pretences. By using this Site you agree to accept such risks and agree that Nationwide Breakdown™ is not responsible for the acts or omissions of Users on the Site. If you come across any misuse of the Site please report any such instances as soon as possible to Nationwide Breakdown™.
3.3 You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
3.4 You agree that you will not take any action that imposes, or may impose in our opinion an unreasonable or disproportionately large load on our infrastructure.
3.5 You agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of Nationwide Breakdown™.
3.6 You agree that you will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
3.7 You agree that you will not bypass our systems or any other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract from our systems or stored information without our written consent.
4. Use of NationwideBreakdown.
4.1 The Nationwide Breakdown™, Site acts as a venue which allows Users to offer, sell, and buy vehicle movements and other services pertaining to vehicles wish have broken down, that they are legally allowed to do, at any time, from anywhere, in a variety of price formats. We do not review listings provided by Users, we never possess the items offered through the Nationwide Breakdown™ Site and we are not involved in transactions between Users. Therefore, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of Users. Do not assume that the offer, sale, purchase, export or import of any item or service is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that Users actually complete a transaction. You accept sole responsibility for the legality of your actions under all laws applying to you.
4.2 You must not cause the Site to be interrupted, damaged, rendered less efficient, such that the effectiveness or functionality of the Site is in any way impaired
4.3 You must not introduce to the Nationwide Breakdown™ site anything that contains any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You may not surreptitiously intercept access without authority or expropriate any system, data or personal information from the Nationwide Breakdown™ site.
4.4 You agree not to create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
5.1 We may terminate your subscription at any time, with or without cause and with or without prior notice. You may also do the same. We will not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances. Any outstanding balances will still remain due. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.
6. Limitation of Liability
6.1 We will at all times use our best endeavours to attempt to maintain an uninterrupted and error-free service, however we make no representations or warranties regarding the services provided. We do not warrant the service will be uninterrupted or error-free, or that our services or the Nationwide Breakdown™ Site will meet any particular criteria of performance or quality. All services including the Nationwide Breakdown™ Site are provided with no express or implied representations or warranties to you regarding the usability, condition or operation thereof. In the event that you have any right, claim or action against any other User arising from that User's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Nationwide Breakdown™, any subsidiaries, affiliates, officers, directors, agents and employees, from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
7. Feedback and Intranet
7.1 You must not take any actions that may undermine the integrity of the feedback system and its tools. We may limit the number of listings and tenders you may place on the Site and any other activities on the Site based upon the level of your feedback. If you earn a low feedback rating, as determined by Nationwide Breakdown™, your right to use our services will be suspended, and you will be unable to list or tender. Feedback ratings are not designed for any other purpose than to help facilitate trading between User's of the Site.
7.2 In order to facilitate interaction among User's of the Nationwide Breakdown™ Site, our service allows you limited access to others contact information. As a User - member, you have access to the User ID, email address and other contact information of the User - service provider, and vice versa. You may not use the internal e-mail or other email forwarding services that we offer, to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses.
8. Bidding/Tendering and Selling.
8.1 As a User - Service Provider you have a legal obligation to complete a transaction with a User - Member: if you purchase a Job through the "Take it Now" facility or if you are the lowest bidder at the end of an auction.
8.2 By bidding on a Job you agree to be bound by these conditions and any further terms and conditions that the User - Member, has imposed, provided that those conditions are not in breach of this User Agreement or are otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the User - Member, materially changes the job description after a bid is placed, a clear typographical error is made, or if the User - service provider or User - members identity cannot be authenticated.
In these circumstances, the Service Provider or Member must report this to Nationwide Breakdown™ as soon as possible.
9. User - Service Provider.
9.1 As a Service Provider, you must ensure that you are legally able to tender for any Job - freight/vehicle/goods/service, that you tender for.
9.2 The Service Provider shall indemnify the Member or any other party for damage, or any other matter, whilst the Job - freight/vehicle/goods/service, are in the Service Provider's possession. The Service Provider further warrants that all appropriate insurances, licenses, accreditations, certificates of compliance and conditions of carriage shall be in place and available for the Members inspection on request.
9.3 The Service Provider warrants that they will take all reasonable steps to protect the Job - freight/vehicle/goods whilst it is in the Service Provider ´s possession.
9.4 The Service Provider will ensure that its sub contractors meet all relevant statutory standards and requirements both generally and specifically for its use on the UK/relevant road network.
9.5 The Service Provider undertakes to ensure that all its employees, agents and any person acting on its behalf comply with all applicable legal and regulatory requirements including best practice in respect of health and safety, corporate governance, maintenance and environmental matters.
10. User - Member.
10.1 If you are a Member, you must ensure that you are legally able to offer the Job - freight/vehicle/goods for tender on the Site and that it is lawful for others to tender for such business. You must describe your Job for tender accurately, including text descriptions, graphics, pictures and other content relevant to the piece of business for tender. As the Member you are responsible for ensuring that you have the right to offer the Job - freight/vehicle/goods for tender and we have the right to host it on our servers. All business for tender must be listed in an appropriate category.
10.2 Pre-Authorised Job's allow you to restrict your business. These ensure that only Users - Service Providers who have been pre-authorised by you i.e. those who have accepted your extra terms and conditions can bid on your restricted Jobs.
Note: You must first enter your terms and conditions in your profile page before using this option.
10.3 You acknowledge that we will commence supplying our services to you as soon as you select "Activate Job" on the add new job page and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any other equivalent legislation.
10.4 To enable Nationwide Breakdownl™ to use your information, you agree to grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable licence to exercise any and all copyright, trade mark, publicity, and database rights you register in your "Profile" or that you enter in a job, in any media now known or not currently known. You also waive all moral rights you have to any information in your "Profile" or auctions to the fullest extent permitted by law.
10.5 As a User - Member who receives at least one bid at the opening bid price or below you must complete the transaction with the lowest bidder on completion of the job.
10.6 You must not manipulate the price of any auction or interfere with any other User's Job. Without limitation, you must not bid in a listing where you are the User - Member or procure or encourage any other person to do so on your behalf. You must not contact User - Service Providers in an auction where items are listed for sale in order to offer similar items to the User - Service Providers in that listing or make bids or make any payment using a false User ID.
11.1 All Job's are listed as VAT exclusive i.e. this is the Net figure excluding any VAT element.
11.2 Joining NationwideBreakdown™, as a User - member, is free - placing business and tendering for freight/vehicle/goods/services is also free. On completion of the Job the User - member pays the User - service provider, the final tender price direct.
11.3 We may at our sole discretion change some or all of our services at any time. In the event, we introduce a new service, any fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are payable in Pounds Sterling. Whether you are a business or not, value added tax and any other relevant taxes in force will apply to your transaction. User - Service Providers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices and statements in electronic format by e-mail. Failure to pay within the stated term will result in accounts being suspended pending payment. Unless otherwise agreed; payment will be by "PayPal" or another automated payment facility.
11.4 Nationwide Breakdown™ accepts no liabilities incurred by the User - Member in placing the Job - freight/vehicle/goods/service for tender or by the User - Service Provider in the service and management of the Job - freight/vehicle/goods/service.
12.1 You agree to indemnify us from and against any and all liabilities, fees, expenses and damages arising out of claims based upon or relating to your use of the Nationwide Breakdown™ system, including any claim of violation of rights of privacy, publicity, loss of service, incorrect information, libel, defamation, non-supply, fraud, infringement of intellectual property or other rights or any other claims whatsoever.
13. Legal Status.
13.1 This User Agreement shall be governed by and construed in accordance with Scottish law and subject to the exclusive jurisdiction of the Scottish courts. Our performance under this User Agreement is subject at all times to existing laws and legal process and nothing contained in this User Agreement is in derogation of our right to comply with law enforcement requests or requirements relating to a User - Member/Service Providers use of our services or information provided to or gathered by us with respect to such use.
14.1 If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).