Terms and Conditions of use of First Car Young Drivers Club website

These terms and conditions detail how the First Car Young Drivers Club website can be used.  The website is owned and provided by Firstcar Young Drivers Club Limited whose registered address is 6 Whittle Court, Knowlhill, Milton Keynes, MK5 8FT. (company number 09135803). If you use the website you agree to be bound by these terms and conditions.  In these Terms and Conditions the following terms apply:

"Website" means www.firstcar.co.uk
"we", "our" and "us" means First Car Young Drivers Club Limited ("Firstcar")
"you" and "your" means any person who accesses and uses this Website.
"Checklist" means First Car Young Drivers Club Checklist Tool

General

Use of this Website is subject to these Terms and Conditions and our Privacy Policy. By accessing and using this Website you agree to be bound by and to act in accordance with these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or our Privacy Policy, you are not permitted to access and use this Website and you should cease such access and/or use immediately.

If you breach any term of these Terms and Conditions, your right to access and use of this Website shall cease immediately.

We reserve the right to amend these Terms and Conditions from time to time by amending this or any other page. The amended Terms and Conditions will be effective from the date they are posted on this Website. As these Terms and Conditions may be amended from time to time, you should check them whenever you visit this Website. Your continued use of this Website will constitute your acceptance of the amended Terms and Conditions.

1. Access to the Website and content

1.1 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time. We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website from time to time. We assume no responsibility for the content or services of any other websites to or from which the Website has links.

2. Permitted use

2.1 You are only permitted to access and use this Website for your personal, non-commercial purposes, meaning this Website may only be accessed and used directly by a private individual or by a business to seek a product or service directly for that individual or business and on their own behalf. Access to and use of this Website other than for your personal, non-commercial purposes is strictly prohibited. The content of this Website is directed solely at UK residents. We do not provide information or services for anyone outside of the UK.

2.2 You are not permitted to use this Website:
a) In any unlawful, fraudulent or commercial manner.
b) To harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person's privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us.
c) To create, check, confirm, update, modify or amend your own or another person's databases, records or directories.
d) To tamper with, modify, reverse engineer or amend any part of this Website.
e) In a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us.
f) Using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.

2.3 You may operate a link to this Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to this Website in such a way as to suggest or imply any form of association, approval or endorsement by us.  We reserve the right to require you to immediately remove any link to this Website at any time and we may withdraw any linking permission at any time.

3. Intellectual Property

3.1 We own the copyright and all other intellectual property rights of the material contained in the Website. This includes the Website design, text and graphics, and their selection and arrangement. All software compilations, underlying source code and software belong to us or our licensors. All rights are reserved. You may not reproduce or redistribute any property of the Website without our prior written permission. You are permitted to download or print a single copy for your own non-commercial use.

3.2 The copyright in the information, content, material or data displayed on this Website belongs to us or our licensors. You may temporarily print, copy, download or store extracts of information, content, material or data displayed on this Website for your own personal use, subject to the following conditions:
a) It may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, re-utilised or reproduced without our prior written consent.
b) You may not use any automated software, process, program or system, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.
c) It may not be sold or transferred to any third party.
d) The copy must retain any copyright or other intellectual property notices contained in the original material.
e) Images displayed on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective owner(s).
f) No logos, trademarks or service marks displayed on this Website may be printed or downloaded, except as part of the text of which they form part.
g) You must not modify the paper or digital copies of such information, content, material or data.
h) It may not be excerpted, utilised, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent.
i) The status of us and our licensors as the authors of such information, content, material or data must be acknowledged.

3.3 All intellectual property rights including, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved.

3.4 Except as set out elsewhere in these Terms and Conditions, none of the intellectual property rights belonging to us or our licensors in and relating to this Website (including information, content, material or data displayed on it) may be used, copied, modified, published, extracted, utilised, transmitted, displayed, sold, excerpted, reverse engineered, made available, reproduced, reformatted or distributed by you without our prior written consent.

3.5 All rights in First Car Young Drivers Club are owned by us.

3.6 You shall retain ownership of any views, opinions, reviews, ratings, comments, content or material you submit, display, distribute, upload, post, share, publish or otherwise make publicly available on or through this Website ("User Content"). You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, keep, share, sell, save, copy, distribute, publish, display, excerpt, reproduce, utilise, extract, make available and transmit such User Content in any manner and for any purpose. Additional terms and conditions in relation to User Content (including discussion forums and user reviews) are set out in these terms and conditions.

4. Your personal Information

4.1 We abide by data protection laws and aim to protect our users data at all times. For further information relating to the use of personal data please see our privacy policy.

5. Disclaimer

5.1 All information within the Website is for general information purposes. All written content is only the opinion of us or third party contributors and should not be deemed to constitute financial or other advice or a recommendation to purchase any product or service. We endeavour to ensure that all content and information provided on the Website is accurate and we make reasonable effort to ensure that any errors we are notified of are corrected as soon as is practically possible. We do not accept any responsibility for incorrect content or errors or omissions within the information on the Website. We are not responsible for any information provided by third parties appearing on the site or linked to from our site. We cannot guarantee or give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.

6. Your obligations

6.1 When using this Website you agree to take all reasonable precaution to ensure that any data you submit is true, accurate and free from viruses or anything else which may have a harmful impact upon any part of the website or technology. By registering an account will be set up for you and for your personal details will be stored to allow you to access any facilities you have set up within your account. By registering on the Website, you will generate a password which you agree to keep private and notify us at once if a third party becomes aware of that password. You agree that any person who becomes aware of your username and password is authorised to act as your agent on this site.

You may opt out from marketing emails at any point by either clicking the unsubscribe link in our marketing emails or contacting us at info@firstcar.co.uk. For more information regarding the use of your data, please refer to our privacy policy.

6.2 You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide (including User Content as described in section 12) is free from viruses, spyware, malicious software, Trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this Website or the websites of third parties or any other technology.

6.3 You must check and ensure that all information, content, material or data you provide on this Website is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on this Website is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.

6.4 Before you obtain any product or service from a third party, you must check all of the information, content, material or data held by the third party about you to ensure it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to ensure that you agree and comply with the terms and conditions of the third party’s website. It is also your responsibility to identify and correct any mistakes or errors in the information, content, material or data held by the third party about you before you obtain any product or service. Failure to do so could invalidate the product or service provided by the third party. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data held by the third party about you is not correct, complete and accurate or if it is misleading or if you have failed to disclose all relevant facts.

6.5 You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person's details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.

6.6 You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on this Website and/or your User Content.

6.7 By using our quick registration process you agree to these terms and conditions and we will assume that you wish to receive relevant communications from us, if you do not wish to receive these communications you can click the unsubscribe link in our marketing emails or by contacting us at info@firstcar.co.uk.

7. Complaints

7.1 We aim to provide the best level of service we can to users of the Website. If you have any complaints, please contact us by email info@firstcar.co.uk  or in writing to: Customer services, Firstcar Young Drivers Club, 6 Whittle Court, Knowlhill, Milton Keynes, MK5 8FT. We aim to respond to your complaint in writing (email or mail) within five business days.

7.2 If you are unhappy with any product you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party.

8. Termination

8.1 We may terminate or suspend your access to the website and the services supplied within it at any time. All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

9. General

9.1 If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

9.2 If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.

9.3 Except as set out below in this clause, you may not assign or transfer any of your rights under these terms and conditions without our prior written consent.

10. Limits to our liability

10.1 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation.

10.2  Whilst we use reasonable endeavours to ensure that information on this Website is accurate and up to date and to correct errors as soon as we are able to after becoming aware of them, we do not check, monitor, review, verify or endorse, and we are not responsible or liable for any loss or damage you may suffer or incur in connection with, any information, content, material or data collected from or provided by third parties which is displayed on or is otherwise available from this Website or any third party websites. Such information, content, material or data may be inaccurate, incomplete or out of date. It is your responsibility to check that such information, content, material or data is accurate, complete, correct and up to date.

10.3  Any views, opinions, advice, reviews, ratings or comments on this Website or any third party websites which are made by third parties (including User Content as described in paragraph 5.6) do not represent our views, opinions or advice, should not be relied upon by you and are not checked, monitored, reviewed, verified or endorsed by us. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice, reviews, ratings or comments including in relation to their accuracy, truthfulness or completeness.

10.4 We do not give any warranty or guarantee that this Website, any third party website or any information, content, material or data on this Website or any third party website is free from viruses, spyware, malicious software, trojans, worms, logic bombs or anything else which may have a contaminating, harmful or destructive effect on any technology. You must ensure that you use appropriate virus checking software. We are not responsible or liable for any loss or damage you may suffer or incur in this regard where caused by any third party.

10.5 We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of this Website which is caused by any event beyond our reasonable control including the electronic transmission of information, content, material and data over the internet and the interception or decryption of it by others.

10.6 We are not responsible or liable for any indirect loss or damage you may suffer or incur in connection with your use of this Website (including any loss of savings you expect to make, loss of business or business opportunity, or loss of profit or revenue) or for any loss or damage you may suffer or incur in connection with your use of this Website which was not foreseeable by us when you used this Website.

10.7 We are not responsible or liable for any loss or damage you may suffer or incur in connection with any inability to access and use this Website for any reason.

11. Exclusion of our liability in respect of third party advice, assistance, websites and products or services

11.1 You can apply for a number of products and services via this Website or through third party websites. These products and services are not provided by us but are instead provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product or service before doing so. We are not responsible or liable for any loss or damage you may suffer or incur in connection with any product or service you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product or service.

11.2 If you apply for and obtain any product or service, you will be contracting with a third party who will be providing that product or service to you on their own terms and conditions. It is your responsibility to ensure that you understand and agree with those terms and conditions before entering into a contract to obtain that product or service. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions applying to any contract entered into by you with any third party in relation to any product or service or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.

11.3 We provide links from this Website and from emails sent to you as part of our service to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. You access and use these third party websites at your sole risk and your sole discretion. You are solely responsible for any use of these third party websites and for any decision to obtain or refrain from obtaining any of the products or services available on such third party websites. Any links to third party websites are provided for your interest and convenience only. We do not endorse, recommend or take responsibility for such third parties, their products or services or their websites. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their website.

11.4 Your use of any third party website will be governed by the terms and conditions and privacy policy applicable to that website. Such terms and conditions and privacy policy will be different from these Terms and Conditions and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any third party website before using that website. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions and/or privacy policy.

11.5 Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Website do not represent our views, opinions, advice or assistance and are not checked, monitored, reviewed, verified or endorsed by us. We do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions advice or assistance. You act or refrain from acting on any third party's views, opinions, advice or assistance at your sole risk and sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.

12. User generated content (including discussion forums and user reviews)

12.1 You are solely responsible and liable for your conduct on this Website and for your User Content. You are not permitted to use this Website to:
a) Collect email addresses or other contact information of others for the purposes of sending unsolicited emails or other unsolicited communications.
b) Promote or encourage illegal activity.
c) Do anything that is unlawful, harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, intimidating, harassing, libellous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable or for the purpose of harming or attempting to harm minors in any way.
d) Do anything which violates the rights of others (such as rights of privacy).
e) Impersonate any other person or falsely state or otherwise misrepresent yourself.
f) Upload, post, transmit, distribute, share, store or otherwise make publicly available any personal information of any other person including names, addresses, phone numbers and email addresses.
g) Upload, post, transmit, distribute, modify, reproduce, share, store or otherwise make publicly available any information, material, data or content that infringes any patent, trade mark, trade secret, copyright or other intellectual property right of any other person.
h) Send any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters' or any other form of such solicitation.
i) Post links to alternative community groups or forums except with our prior written consent.

12.2 We reserve the right, but have no obligation, to review or monitor any User Content. We are not responsible or liable for the review or monitoring of any User Content.

12.3 We reserve the right to close, delete, edit, refuse to post, amend, modify or remove (without notice) any User Content at our sole discretion for any reason, including without limitation User Content that in our sole opinion breaches these Terms and Conditions.

12.4 You agree that any information you provide to us about yourself will be true, accurate and complete, and that you will ensure that this information is kept accurate and up-to-date at all times.

12.5 You agree that we may disclose your identity (including your name, email address and contact details) if required to do so by law, any court, the Financial Services Authority, the Office of Fair Trading or any other applicable regulatory, compliance, Governmental or law enforcement agency.

12.6 We advise you to think very carefully before posting or uploading any personally identifiable information about you on this Website.

12.7 If you consider that any User Content breaches these Terms and Conditions, please email info@firstcar.co.uk.

13 Checklist

13.1 The Checklist is an independent online service brought to you by First Car Young Drivers Club which enables you to plan passing your driving test and beyond. Our service is free to use. We do not add any fees or commissions to the products or services you may purchase as a result of using our web site.

13.2 Please be aware that nothing on this Website is, or shall be deemed to constitute, financial, investment or other advice or a recommendation or endorsement by us. Information on this Website is provided for general information purposes only and should not be relied upon by you. You should always check the suitability, adequacy and appropriateness of the product or service that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any product or service. You should consider seeking independent professional advice before you obtain any product or service via this Website.

13.3 No failure or delay by us in exercising any right under these Terms and Conditions will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.

14. Governing law

14.1 These Terms and Conditions and your access to and use of this Website shall be governed by and interpreted in accordance with English law.

14.2 Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms and Conditions and your access to and use of this Website (including any claims or disputes).

15. Our liability

15.1 Since a substantial part of firstcar.co.uk is both free and available to all, it is a condition that your use of firstcar.co.uk is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.

15.2 Except as expressly provided in this User Agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

15.3 Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or firstcar.co.uk for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.

15.4 Any advice given on this site is purely industry comment and FirstCar will not be liable for any loss or damage as a result of following information or advice on this site. It is the responsibility of individual users to do their own research before using information on this site or purchasing products or services.

15.5 The FirstCar Planner is a tool designed to help enhance the experience of learning to drive. It is not designed to speed up the process in any way or encourage users to take their driving tests before they are ready.

16. Small print

16.1 Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts. Nothing in this User Agreement affects your statutory rights as a consumer.

17. Complaints

17.1 If you believe that your intellectual property or other rights are being infringed by firstcar.co.uk, or if you are dissatisfied with firstcar.co.uk or any aspect of our service, in the first instance please contact FirstCar at info@firstcar.co.uk or on 08451 308853.

18. ADI booking service refunds policy

18.1 Where at least one of the following criteria applies to your circumstances, you may request a refund by emailing info@firstcar.co.uk

  • Your ADI did not initiate contact within 48 hours of you making payment for your first lesson
  • Having arranged the lesson, your ADI cancelled with less than 12 hours' notice
  • Your ADI was more than 15 minutes late to your lesson without providing a reasonable explanation
  • Your ADI was not as described on firstcar.co.uk

18.2 Firstcar.co.uk match learners with ADIs for their first lesson. Beyond this, it is the learner's responsibility to assess whether the ADI is right for them and FirstCar cannot be held responsible for disputes arising after the first lesson has taken place.

18.3 Approved driving instructors are not vetted by FirstCar and we rely on the information they have submitted being accurate. All learners are asked to make their own enquiries and check the appropriate ADI badges on their first lesson. Please report any suspicions to FirstCar directly at info@firstcar.co.uk or on 08451 308853.