Customer terms and conditions
Please read these Customer Terms and Conditions carefully and make sure that you understand them, before requesting quotes through www.towgator.com (“our site”).
Please note that by entering your details to request Quotes, you are confirming your acceptance of these Customer Terms and Conditions. In the event that you do not accept them, you must refrain from attempting to request any Quotes for your vehicle via our site.
You should print a copy of these Customer Terms and Conditions for future reference.
We may amend these Customer Terms and Conditions from time to time as set out below. Every time you wish to request a Quote, please check the Customer Terms and Conditions to ensure you understand the terms which will apply at that time.
Information about us and the Members
- We act as agent of the Members, whose details we list on our site. The Customer Terms and Conditions will apply to any request for a Quote by you along with the terms set out in that Quote.
- Contacting us
- If you wish to contact us for any reason about a Quote, including because you have any complaints, you can contact us via this contact form.
- In addition to sending you Quotes, if we have to contact you for any other reason, we will do so by e-mail to the address you provide to us in your request for a Quote.
The Member Listings
- We are not responsible for the descriptions of services and locations listed on our site in Members’ profile pages. The descriptions are provided to us by the Members and therefore we cannot guarantee the accuracy of them.
- Our Request a Quote pages will guide you through the steps you need to take to request Quotes. The process allows you to check and amend any errors before submitting your request for Quotes to us. Please take the time to read and check your request at each page of the process.
- After making a request for Quotes, you will receive an e-mail acknowledging that your request has been received and that Members are being notified. The Members have 5 days within which to provide you with a relevant Quote, which we will forward to your email address on their behalf. Please note, we do not guarantee that a particular Member or any Member will provide you with a Quote. In addition, a Quote will not constitute an offer by the Member for you to buy the service. All Quotes are subject to a booking by you and acceptance of your booking by the Member. The Member will confirm the terms of such booking before it is accepted. The contract between you and the Member will only be formed when the terms of such booking have been confirmed and agreed by the Member and you.
- The use of any of our Quote request service by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use this facility that it is important that they communicate with their children about their safety online. By requesting a Quote you are also confirming to us that your request for a Quote is for personal, non-commercial use and not for re-sale.
- If we fail to comply with the Customer Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Customer Terms and Conditions, or our negligence, except that such liability shall not exceed the sum of $200. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable it is an obvious consequence of our breach or if it was contemplated by you and us at the time you accepted the Customer Terms and Conditions.
- We only provide our Quote service to Customers who use our site for, and who require towing and/or roadside assistance services for their commercial vehicles, domestic or private use. You agree not to use our site as a Customer for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence; or
- our fraud or our fraudulent misrepresentation.
- Subject to the above paragraphs of this “Our Liability” section, we disclaim all liability for the services provided by us under these Customer Terms and Conditions and you accept that such elements of our site are provided “as is” and “as available” without any express, implied or statutory warranties.
- Also for the avoidance of doubt, you agree and accept that we may reasonably refuse to process any request for Quotes submitted by you, at our sole discretion, and that, at any time, we may suspend or terminate any of the services described in these Customer Terms and Conditions. You accept that we shall not be liable to you or to any third party for losses resulting from such refusal, suspension of termination.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Customer Terms and Conditions that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties (whether or not relating to Member’s workforce), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, national emergency, fire, explosion, storm, flood, earthquake, any other inclement weather, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, an inability or delay in obtaining supplies of adequate or suitable materials, restraints or delays affecting carriers or any other impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Other important terms
- If and when we refer, in the Customer Terms and Conditions, to "in writing", this will include e-mail.
- We may transfer our rights and obligations under the Customer Terms and Conditions to another organisation, but this will not affect your rights or our obligations under the Customer Terms and Conditions.
- The Customer Terms and Conditions are the terms applicable between you and us and shall remain separate from your contract with the Members from whom you order services. No other person shall have any rights to enforce any of the Customer Terms and Conditions, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Each of the paragraphs of the Customer Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under the Customer Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- The Customer Terms and Conditions are governed by English law. This means that your use of our site and any dispute or claim arising out of or in connection with such use will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.