IMPORTANT LEGAL NOTICE
For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website www.clickclickdrive.co.uk through which you access our Website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
- TERMS AND CONDITIONS OF USE
- INTRODUCTION AND OUR ROLE
1.1. Company details: ClickClick Drive GmbH is a limited liability company registered in Germany with registered company number HRB 190991 B, whose registered office is at Helmstedter Str 27a, 10717 Berlin, Germany.
1.2. Service: We provide a way for you to compare and review driving schools and book driving courses (subject to the availability of the driving school) through our Website (the "Service").
- WEBSITE ACCESS AND TERMS
2.1. Website access: You may access some areas of the Website without booking a course or registering your details with us. Most areas of the Website are open to everyone.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
- YOUR STATUS
3.1. Capacity and age: By using Services through our Website, you warrant that:
3.1.1. You are legally capable of entering into binding contracts; and
3.1.2. You are at least 16 years old.
- HOW TO USE OUR SERVICE
4.1. Once you have selected the driving school and you wish to book a driving course selected from our Website and provided the other required information, you will be given the opportunity to submit your booking by clicking or selecting the "book" or similar button.
4.2. Processing your booking and driving schools rejections: On receipt of your booking, we will begin processing it by sending it to the relevant driving school and will notify you by email that your booking has been received and is being processed. Please note that any confirmation page that you may see on the Website and any booking confirmation e-mail that you may receive each merely indicate that your booking has been received and is being processed by us, and does not necessarily mean that your booking has been accepted by the driving school. We encourage all our driving schools to accept all bookings and to communicate any rejection promptly. However, driving school has the discretion to reject bookings at any time because of the schedule conflict, time availability or for any other reason. Upon the receipt of your booking by the driving school, the school will contact you directly to schedule your first appointment.
- PRICE AND PAYMENT
5.1. The payment for your course shall be done directly to the driving school.
5.2. ClickClickDrive GmbH does not process any payments.
6.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
6.2. You must not misuse the Website (including by hacking or "scraping").
6.3.. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 6.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
6.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
6.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a license from us to do so.
6.6.. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
6.7. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
- VISITOR MATERIAL AND REVIEWS
7.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
7.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
7.2.1. breaches any applicable local, national or international law;
7.2.2. is unlawful or fraudulent;
7.2.3. amounts to unauthorised advertising; or
7.2.4. contains viruses or any other harmful programs.
7.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:
7.3.1. contain any defamatory, obscene or offensive material;
7.3.2. promote violence or discrimination;
7.3.3. infringe the intellectual property rights of another person;
7.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
7.3.5. promote illegal activity or invade another's privacy;
7.3.6. give the impression that they originate from us; or
7.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
7.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
7.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have booked a driving course through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
7.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a driving school or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
7.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
- LINKS TO AND FROM OTHER WEBSITES
8.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
9.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Services and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
9.2. Driving school actions and omissions: The legal contract for the supply and purchase of Service is between you and the driving school that you take a course with. We have no control over the actions or omissions of any driving school. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
9.3. We do not give any undertaking that the Services booked with any driving school through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
9.4. The foregoing disclaimers do not affect your statutory rights against any driving school.
10.2. Exclusion of liability: Subject to clause 10.1, we will under no circumstances whatever be liable to you, whether in contract, civil wrong (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
10.2.1. any loss of profits, sales, business, or revenue;
10.2.2. loss or corruption of data, information or software;
10.2.3. loss of business opportunity;
10.2.4. loss of anticipated savings;
10.2.5. loss of goodwill; or
10.2.6. any indirect or consequential loss.
10.3. Limitation of liability: Subject to clauses 10.1. and 10.2. our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, civil wrong (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your booking or EUR 1.000, whichever is lower.
10.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website.
11.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
11.1.1. you have used the Website in breach of paragraph 6.1 (License);
11.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 7.2 or 7.3 (Visitor Material and Reviews);
11.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
- WRITTEN COMMUNICATIONS
12.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Services via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- EVENTS OUTSIDE OUR CONTROL
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
13.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control.
- ADDITIONAL TERMS
- GOVERNING LAW AND JURISDICTION