Wiz
Mobile Tyre

PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE AND/OR SERVICE.

“WIZ MOBILE TYRE Content” means Content owned or used by WIZ MOBILE TYRE , its affiliates or licensors and made available through the WIZ MOBILE TYRE Service (including the WIZ MOBILE TYRE  For Help.com website and WIZ MOBILE TYRE mobile application), including any Content licensed from a third party, but excluding User Content.

“Collective Content” means, collectively, WIZ MOBILE TYRE Content and User Content.

“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the WIZ MOBILE TYRE mobile application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.

“User Content” means Content that a WIZ MOBILE TYRE user posts, uploads, publishes, submits or transmits to be made available on the WIZ MOBILE TYRE website or through the WIZ MOBILE TYRE Service.

(a) Eligibility: By registering with WIZ MOBILE TYRE, you represent and warrant that all registration information you submit, including, without limitation, your first and last name, mobile telephone number, vehicle information (make, model, year, etc.), and credit card or financial account payment information is completely accurate and truthful. WIZ MOBILE TYRE may, in our sole discretion, refuse to offer access to or use of the WIZ MOBILE TYRE Services to any party and change the eligibility criteria at any time. By registering with WIZ MOBILE TYRE, you represent that if you are an individual, you are of legal age to enter into a binding contract and that if you are registering on behalf of a legal entity, that you are authorised to enter into, and bind the entity to, these User Terms and register for the WIZ MOBILE TYRE Service.

(a) Once tyre fitting your job has been placed and paid for and either a budget, Mid-Range or premium tyre has been selected any discrepancies in terms of actual brand being fitted must be highlighted at the time the agent is at site or within 24 hours from date of fitting. Claims made after will not be accepted. If an agent has wrongly fitted a tyre from a tyre bracket you didn’t select and you make us aware within 24 hours will refund you the difference in price.

(b) Once the replacement tyre is fitted and secured to your vehicle 

(b) Security of Registration Information: You are solely responsible for maintaining the security and correctness of your registration information. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify WIZ MOBILE TYRE of any unauthorized use of your password or any breach of security. You also agree that WIZ MOBILE TYRE shall not be liable for any loss or damage arising from your failure to keep your password secure.

(c) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in the User Terms as well as all other operating rules, policies and procedures that may be published from time to time via the WIZ MOBILE TYRE Service, each of which is incorporated herein by reference and each of which may be updated by WIZ MOBILE TYRE from time to time without notice to you.

ADDITIONAL CHARGES:

Any use of the WIZ MOBILE TYRE website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the WIZ MOBILE TYRE website.

APPLICATION AND/OR USING OUR WEBSITE AND/OR SERVICE.

BY USING THE WIZ MOBILE TYRE SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT WIZ MOBILE TYRE AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE WIZ MOBILE TYRE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE WIZ MOBILE TYRE SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE WIZ MOBILE TYRE SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WIZ MOBILE TYRE SERVICE, (c) YOUR FAILURE TO PROVIDE WIZ MOBILE TYRE WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE WIZ MOBILE TYRE SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN WIZ MOBILE TYRE. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

By using the WIZ MOBILE TYRE Service, you agree that you shall defend, indemnify and hold WIZ MOBILE TYRE, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Providers arranged via the WIZ MOBILE TYRE Service, or (c) your use or misuse of the WIZ MOBILE TYRE Service.

By using the WIZ MOBILE TYRE Services, you agree to the following restrictions on your use of the WIZ MOBILE TYRE Service:

CANCELLATION

Contributions may be viewable by other users of the WIZ MOBILE TYRE website and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

Due to the emergency nature of our business we are a none refundable service however you may cancel your order within 5 minutes of the Provider dispatching a truck to your location at no cost to you. Once a WIZ MOBILE TYRE job is booked on our internal systems this is a dispatch notice and is classed as agent being dispatched.

During the use of the WIZ MOBILE TYRE Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the WIZ MOBILE TYRE Service and are beyond WIZ MOBILE TYRE’s control.

During use of the WIZ MOBILE TYRE Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the WIZ MOBILE TYRE Service. These links take you off the WIZ MOBILE TYRE Service and are beyond WIZ MOBILE TYRE’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. WIZ MOBILE TYRE is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Except as provided herein, you and WIZ MOBILE TYRE agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. All such controversies, claims, counterclaims, or other disputes arising between you and WIZ MOBILE TYRE relating to the WIZ MOBILE TYRE Services or these User Terms (each a “Claim”) shall be submitted for binding arbitration in accordance with the rules of the Arbitration Association (“AA”). If AA is not available to arbitrate, the parties shall agree to select an available alternative dispute resolution provider (“ADR Provider”) and the rules of such provider shall govern all aspects of the arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

For any claim where the total amount of the award sought is £10,000 or less, the AAA (or ADR Provider, if applicable), you and WIZ MOBILE TYRE must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds £10,000, the right to a hearing will be determined by the AAA (or ADR Provider, if applicable) rules, and the hearing (if any) will be held in a location reasonably convenient to both parties unless the parties agree otherwise on a specific location.

For purposes of these User Terms, the following definitions apply:

For the avoidance of doubt: WIZ MOBILE TYRE itself does not provide any roadside assistance or tow services, and WIZ MOBILE TYRE is not a services carrier. Any roadside assistance and/or tow services are through the Provider. WIZ MOBILE TYRE solely provides the platform through which you and the Provider can learn about each other. The provision of the services by the Provider to you is therefore subject to any agreement that you choose to enter into with the Provider. WIZ MOBILE TYRE is never a party to any such agreement and you hereby agree to release WIZ MOBILE TYRE from all liability and claims arising from any acts or omissions of Provider.

HIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES OR THE RULES OF AN ADR PROVIDER.

If any provision of these User Terms should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render these User Terms (as modified) legal and enforceable to the maximum extent permitted under applicable laws.

If any provision of this Section 21 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 21 shall continue in full force and effect. No waiver of any provision of this Section 21 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this User Terms. This Section 21 will survive the termination of this User Terms or your relationship with WIZ MOBILE TYRE.

If more than 5 minutes has elapsed after WIZ MOBILE TYRE dispatches a truck and prior to driver arriving on scene, cancellation is subject to a payment of up to full amount of the job you’ve requested or we may offer a discretionary early cancellation fee of £89.99 and return all monies above this back to your payment method we have on file.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, WIZ MOBILE TYRE will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

If you have any questions about the User Terms of the WIZ MOBILE TYRE Service, please contact us at:

info@WizMobileTyre.co.uk

54 Beaumont Road, Berkshire slough , SL2 1NG. 

If you wish to terminate the Agreement, you must permanently delete the WIZ MOBILE TYRE mobile application installed on your smart phone, thus disabling your use of the WIZ MOBILE TYRE Service.

Neither you nor WIZ MOBILE TYRE may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or WIZ MOBILE TYRE’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF WIZ MOBILE TYRE , ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE USER TERMS OR YOUR USE OF THE WIZ MOBILE TYRE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED £100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE LIMITATIONS IN THESE USER TERMS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE USER TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

Once you select a Provider, please note the following:

Once your request for a recovery agent has been accepted on the WIZ MOBILE TYRE app, you will be charged the full amount for your job. This is a non-refundable amount once it’s been accepted as this means that a recovery agent is already on the way to you.

PAYMENT AUTHORIZATION: WIZ MOBILE TYRE may place an immediate payment authorization to your credit card account in the estimated amount of the service (or in the case of third-party payment, for any costs not covered by a third party). The final charge to your credit card account may differ from this initial estimate and authorization.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Registration with the WIZ MOBILE TYRE Service is subject to the following additional terms and conditions:

Subject to your compliance with these User Terms, WIZ MOBILE TYRE grants you a limited, non-exclusive, non-transferable license:

terminate the WIZ MOBILE TYRE Service should you not comply with any of the foregoing.

The agreement between WIZ MOBILE TYRE and you embodied by these User Terms may be terminated at any time.

• the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;

The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

The information, recommendations and/or services provided to you on or through the WIZ MOBILE TYRE Service is for general informational purposes only and does not constitute advice. WIZ MOBILE TYRE does not guarantee continuous, uninterrupted access to the WIZ MOBILE TYRE Service. Although WIZ MOBILE TYRE attempts to maintain the integrity and accuracy of the information accessible through the WIZ MOBILE TYRE Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the WIZ MOBILE TYRE Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the WIZ MOBILE TYRE Service by other users or third parties without WIZ MOBILE TYRE ’s knowledge. WIZ MOBILE TYRE cannot and does not guarantee that (the contents of) the WIZ MOBILE TYRE Services (including the WIZ MOBILE TYRE ForHelp.com website and the WIZ MOBILE TYRE mobile application) are free of errors, defects, malware and viruses. WIZ MOBILE TYRE reserves the right to cancel any payment, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or product or service description or other error. If we do cancel a payment, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy.

The Parties covenant and agree that in no event, and at no time during the Term or at any time thereafter, shall either of them disparage, denigrate, slander, libel or otherwise defame the other or the other’s businesses, services, properties or assets, or employees, personnel, agents, or representatives.

The quality of the services requested through the use of the WIZ MOBILE TYRE Service is entirely the responsibility of the Provider who ultimately provides such services to you. WIZ MOBILE TYRE under no circumstance accepts liability in connection with and/or arising from the services provided by the Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Provider and you hereby agree to release WIZ MOBILE TYRE from all liability and claims arising from the foregoing. Any complaints about the services provided by the Provider should therefore be submitted to the Provider.

The rates for the services charged by Providers can be accessed through the WIZ MOBILE TYRE Service. These may be modified or updated by WIZ MOBILE TYRE from time to time. It is your own responsibility to remain informed about the current rates for the services.

The WIZ MOBILE TYRE Service offers you a platform to send a request for roadside assistance or tow services to a Provider. The GPS receiver, which should be installed on the mobile device (smart phone), or Internet Protocol address on your computer, requests your permission to detect your location and sends your location information to the relevant Provider. The Provider has sole and complete discretion to accept or reject each request for service. The Provider also has sole and complete discretion over whether to use the WIZ MOBILE TYRE Service to receive the leads generated through the WIZ MOBILE TYRE platform. If the Provider accepts a request, the WIZ MOBILE TYRE mobile application notifies you and provides information regarding the Provider – including vehicle information, and the ability to contact the Provider by telephone.

The WIZ MOBILE TYRE Terms and Conditions (“User Terms”) constitute a legally binding agreement between WIZ MOBILE TYRE t/a Industry Experts Ltd. (“WIZ MOBILE TYRE” “we”, “us”, or “our”), the owner and operator of the www. WizMobileTyre.co.uk website and its related software application and platform (hereafter, collectively referred to as the “ WIZ MOBILE TYRE Service”) and you (“you” or “your”), the user of the WIZ MOBILE TYRE Service. BY USING THE WIZ MOBILE TYRE SERVICE IN ANY FORM OR FASHION (INCLUDING, WITHOUT LIMITATION, NAVIGATING www.WizMobileTyre.co.uk OR UTILISING THE WIZ MOBILE TYRE MOBILE APPLICATION OR ONLINE PLATFORM), YOU ACKNOWLEDGE AND AGREE TO THESE USER TERMS, AND WIZ MOBILE TYRE PRIVACY POLICY, WHICH CAN BE FOUND AT https://WIZ MOBILE TYRE.co.uk/privacy-policy/ AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE WIZ MOBILE TYRE SERVICE.

The User Terms and the resolution of any dispute related to these User Terms will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state.

THE USER TERMS ARE INTENDED FOR ALL USERS OF THE WIZ MOBILE TYRE SERVICE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO REGISTER AN ACCOUNT. HOWEVER, DIFFERENT SECTIONS OF THE USER TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the WIZ MOBILE TYRE Service or any intellectual property rights owned by WIZ MOBILE TYRE. WIZ MOBILE TYRE ’s name, logo, and the product names associated with the WIZ MOBILE TYRE Service are trademarks of WIZ MOBILE TYRE , its affiliated companies or third parties, and no right or license is granted to use them.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and WIZ MOBILE TYRE also have the right to bring qualifying claims in small claims court. In addition, you and WIZ MOBILE TYRE retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these User Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these User Terms.

To the extent your description of the services needed and/or conditions impacting your vehicle are deficient, inaccurate or otherwise misstated and/or the services required are more extensive than your description indicated, the price quote provided through the WIZ MOBILE TYRE mobile application shall not be binding and you are responsible for paying for any additional services needed and/or requested.

to view, download and print any WIZ MOBILE TYRE Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

 WIZ MOBILE TYRE (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the WIZ MOBILE TYRE Service (including the WIZ MOBILE TYRE For Help.com website and WIZ MOBILE TYRES mobile application) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the WIZ MOBILE TYRE Service, in which you hereby assign all rights, title and interest to WIZ MOBILE TYRE .

 WIZ MOBILE TYRE AND ITS AFFILIATES PROVIDE THE WIZ MOBILE TYRE SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WIZ MOBILE TYRE SERVICE IS AT YOUR SOLE RISK AND THAT WIZ MOBILE TYRE AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE WIZ MOBILE TYRE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE WIZ MOBILE TYRE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WIZ MOBILE TYRE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE WIZ MOBILE TYRE SERVICE WILL BE CORRECTED. WIZ MOBILE TYRE AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM WIZ MOBILE TYRE OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 WIZ MOBILE TYRE is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the WIZ MOBILE TYRE Service). WIZ MOBILE TYRE is not obliged to give notice of the termination of the Agreement in advance. After termination WIZ MOBILE TYRE will give notice thereof if required by these User Terms.

 WIZ MOBILE TYRE is not an employment service and does not serve as an employer of any user of the WIZ MOBILE TYRE Service or Provider. WIZ MOBILE TYRE is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the WIZ MOBILE TYRE Service or Provider’s services. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, WIZ MOBILE TYRE is not acting and does not act as an agent or broker for any users, Providers, or any other user of the WIZ MOBILE TYRE Service.

 WIZ MOBILE TYRE may change these User Terms and will post the modified terms (which shall then become the agreement between you and WIZ MOBILE TYRE) with the new effective date listed above. WIZ MOBILE TYRE will also give you prior notice that the User Terms have been changed using the contact information provided by you. Therefore, you agree to keep your account information up-to-date. WIZ MOBILE TYRE also encourages you to check the terms of these User Terms from time to time to see if they have been updated. If you do not agree to the modified User Terms, your sole recourse is to stop using the WIZ MOBILE TYRE Services. Your continued use of the WIZ MOBILE TYRE Services after the date the modified User Terms are posted will constitute your acceptance of the modified User Terms.

 WIZ MOBILE TYRE may give notice by means of a general notice on the WIZ MOBILE TYRE Service or mobile application, or by electronic mail to your email address on record in WIZ MOBILE TYRE’s account information, or by written communication sent by regular mail to your address on record in WIZ MOBILE TYRE’s account information.

WIZ MOBILE TYRE provides an online platform whereby users can connect with vendors who offer roadside assistance and tow services (hereafter, “Providers”). Users can access the WIZ MOBILE TYRE Service through the use of the www.wizmobiletyre.co.uk website, the WIZ MOBILE TYRE mobile application or through certain third party parties, and can be accessed by you on your single mobile device (smart phone) or computer. WIZ MOBILE TYRE is not directly involved in or otherwise a party to any transactions that may take place between users and Providers. WIZ MOBILE TYRE has no control over the quality, safety, or legality of any aspect of Providers’ services or offerings or any claims made by Providers about the services they offer, the truth or accuracy of warranties or pricing supplied by Providers to WIZ MOBILE TYRE, the ability of Providers to provide the services offered, or the ability of users to pay for Provider’s services. WIZ MOBILE TYRE is not a broker, agent or insurer for any users or Providers. WIZ MOBILE TYRE makes no representations, warranties or guarantees regarding any content or information provided by users or Providers. We encourage you to communicate directly with potential transaction partners through the tools available through the WIZ MOBILE TYRE Services. All purchases made by users from Providers are made at each party’s own risk. WIZ MOBILE TYRE has customer information and privacy policies as set forth in its Privacy Policy https://WIZ MOBILE TYRE.co.uk/privacy-policy/, which is fully incorporated herein by reference.

 WIZ MOBILE TYRE reserves the right at its sole discretion to block or remove (in whole or in part) any User Content which WIZ MOBILE TYRE believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to WIZ MOBILE TYRE.

 WIZ MOBILE TYRE uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the WIZ MOBILE TYRE Service. The processing of payments or credits, as applicable, in connection with your use of the WIZ MOBILE TYRE Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. WIZ MOBILE TYRE is not responsible for any errors by the Payment Processor and you hereby agree to release WIZ MOBILE TYRE from all liability arising from any acts or omissions of Payment Processor. In connection with your use of the WIZ MOBILE TYRE Service, WIZ MOBILE TYRE will obtain certain transaction details, which shall be maintained in accordance with WIZ MOBILE TYRE ’s Privacy Policy.

Use of the WIZ MOBILE TYRE Service without obtaining Provider services is free of charge for users. WIZ MOBILE TYRE reserves the right to introduce certain fees in the future. However, WIZ MOBILE TYRE shall provide you with prior written notice of such fees.

We may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the WIZ MOBILE TYRE website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

We may, in our sole discretion, permit users to post, upload, publish, submit or transmit User Content on the WIZ MOBILE TYRE Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, WIZ MOBILE TYRE shall have the right and you hereby grant WIZ MOBILE TYRE the non-exclusive, royalty-free, perpetual right to use, copy, publicly display, publicly perform, modify, create derivative works of and otherwise use or exploit, for any purpose, in any medium and throughout the world, any Content that you post, upload, publish, submit or transmit to be made available on the WIZ MOBILE TYRE website or through the WIZ MOBILE TYRE Service (“License Grant”). You represent and warrant that any Content posted or transmitted by you does not and will not infringe any third-party rights, including any intellectual property rights, rights of privacy or personality rights and does not contain any defamatory content. Furthermore, you represent and warrant that you have obtained all necessary permission to post any such Content and to grant WIZ MOBILE TYRE the rights granted in the License Grant without restriction.

You acknowledge that WIZ MOBILE TYRE only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. WIZ MOBILE TYRE does not continuously monitor User Content published by you or any other user or moderate between users and WIZ MOBILE TYRE is under no obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of WIZ MOBILE TYRE. Any use by you of the User Content is entirely at your own risk.

You agree -whether or not you engaged the services of WIZ MOBILE TYRE- to refrain from any disparagement, defamation, libel, or slander of any of WIZ MOBILE TYRE and agree to refrain from any tortious interference with its contracts and relationships with other users and/or clients;

YOU AGREE THAT UPON THE CANCELLATION OF AN ORDER, YOU ARE ONLY ENTITLED TO A REFUND PAYMENT TEN (10) BUSINESS DAYS. WE MAY DISCRETIONARILY EFFECT PAYMENT EARLIER IF YOU CONSENT TO THE TERMS OF, AND EXECUTE OUR SETTLEMENT AND CONFIDENTIALITY AGREEMENT

You agree that you will pay for all services you purchase from the Provider, and that WIZ MOBILE TYRE may charge your credit card account as provided by you when registering for the WIZ MOBILE TYRE Service for the Provider services, including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing WIZ MOBILE TYRE with a valid credit card account for payment of all fees at all times. All payments are non-refundable, subject to applicable law.

You agree to indemnify and hold harmless WIZ MOBILE TYRE, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by WIZ MOBILE TYRE or its affiliated companies related to any Content posted or transmitted by you or your other use of the WIZ MOBILE TYRE Service.

You and WIZ MOBILE TYRE agree to resolve any disputes between us in accordance with this Section 21. If you believe that WIZ MOBILE TYRE has not adhered to the User Terms or you have any dispute with WIZ MOBILE TYRE, please contact WIZ MOBILE TYRE using the contact information provided below. We will do our best to address your concerns and each party agrees to attempt to resolve any disputes with the other amicably.

You are aware that when requesting services by SMS if available in your jurisdiction), standard messaging charges will apply;

• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the WIZ MOBILE TYRE website, and other users of the WIZ MOBILE TYRE website to use your Contributions in any manner contemplated by the WIZ MOBILE TYRE website and these Terms and Conditions;
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the WIZ MOBILE TYRE website and these Terms and Conditions;

You may not assign your rights under these User Terms without prior written approval of WIZ MOBILE TYRE.

You may not use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the WIZ MOBILE TYRE Service or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of WIZ MOBILE TYRE. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WIZ MOBILE TYRE or its licensors, except for the licenses and rights expressly granted in these User Terms.

You warrant that the information you provide to WIZ MOBILE TYRE is accurate and complete. WIZ MOBILE TYRE is entitled at all times to verify the information that you have provided and to refuse the WIZ MOBILE TYRE Service for any reason or no reason. You may only access the WIZ MOBILE TYRE Service using authorized means. WIZ MOBILE TYRE is not liable if you do not have a compatible mobile device or computer. WIZ MOBILE TYRE reserves the right to terminate the WIZ MOBILE TYRE Service should you attempt to access the WIZ MOBILE TYRE Service with an incompatible or unauthorised device or computer.

You will be charged the full amount of the quoted service price for any of the following cancellation instances/reasons: driver is on scene and you cancel for any reason; driver determines you have inaccurately stated the conditions of your vehicle thus the cost of service will be higher than initially quoted and you cancel service; you are Gone on Arrival (GOA) and/or fail to cancel service.

You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. WIZ MOBILE TYRE reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the foregoing.

You will comply with all applicable laws and regulations while using the WIZ MOBILE TYRE Service. WIZ MOBILE TYRE reserves the right to immediately

You will keep secure and confidential your account password or any identification we provide you which allows access to the WIZ MOBILE TYRE Service;

You will not assign or otherwise transfer your account to any other person or legal entity;

You will not authorise others to use your account;

You will not copy, or distribute the WIZ MOBILE TYRE Service or any portion or feature thereof without advance written permission from WIZ MOBILE TYRE;

You will not try to harm the WIZ MOBILE TYRE Service or impair the proper operation of any related network, platform or application in any way whatsoever;

You will not use an account that is subject to any rights of a person other than you without appropriate authorisation;

You will not use the WIZ MOBILE TYRE Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

You will not use the WIZ MOBILE TYRE Service to cause nuisance, annoyance or inconvenience;

You will not use the WIZ MOBILE TYRE Service with an incompatible or unauthorised device or computer;

You will only use an access point or 3G data (or later) account (AP) which you are authorised to use;

You will only use the WIZ MOBILE TYRE Service for your sole, personal use and will not resell it to a third party;

You will provide us with whatever proof of identity we may reasonably request;

• Your Contributions are not false, inaccurate, or misleading;
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
• Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
• Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
• Your Contributions do not violate any applicable law, regulation, or rule;
• Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
• Your Contributions do not violate the privacy or publicity rights of any third party;

If you have any questions about the User Terms of the WIZ MOBILE TYRE Service, please contact us at:

info@wizmobiletyre.co.uk

54 Beaumont Road, Berkshire slough , SL2 1NG.