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Business Terms and Conditions

Applicable to the Earlier Driving Test service

1.  General
  • 1.1
      EarlierDrivingTest.co.uk (the “Website”) is owned by Driving Test Cancellations Ltd, a company registered in England and Wales (company number 07216321) with our registered office at Construction House, Runwell Road, Wickford, Essex, SS11 7HQ. (“we”, “us”, “our”).
  • 1.2
      You are a business customer intending to purchase services from us for purposes relating to your trade, business, craft or profession and these are the Terms and Conditions of sale (the “Terms”) that apply to transactions between you and us.
  • 1.3
      By purchasing any services from us (the “Service(s)”) and by using the Website or submitting orders in accordance with condition 2.3 you acknowledge that you have read and you agree to be bound by and comply with these Terms.
  • 1.4
      A working day is any day other than weekends and bank or other public holidays.
  • 1.5
      The Contract is the contract between us and the business customer for the sale by us and purchase by you of the Services(s) in accordance with these Conditions.
  • 1.6
      In these Terms, the following rules apply:
    • 1.6.1
        A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
    • 1.6.2
        A reference to a party includes its personal representatives, successors or permitted assigns.
    • 1.6.3
        A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
    • 1.6.4
        Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
    • 1.6.5
        A reference to writing or written includes e-mails.
  • 1.7
      You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract. Any representations about the Services shall have no effect unless expressly agreed in writing and signed by one of our authorised representatives.
  • 1.8
      Any samples, drawings, descriptive matter, or advertising issued by us and any descriptions or illustrations contained in on the Website are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or any other contract between you and us for the sale of the Services.
2.  Purchase of Services
  • 2.1
      The placing of a Service on our Website is an invitation to accept offers for such Service and is not an offer to sell at the listed price nor is it binding on us.  We are under no obligation to accept your order (whether or not the order has been acknowledged and payment made).
  • 2.2
      You shall ensure that the terms of your order are complete and accurate.
  • 2.3
      All orders placed on our website must be placed from within the United Kingdom. We cannot accept orders from any person residing (whether temporarily or permanently) within any other EU Member State.
  • 2.4
      After placing an order, including Manual Input Orders, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Services.
  • 2.5
      All orders, including Manual Input Orders, are subject to acceptance by us, we will notify you by email confirming whether we have accepted your order (the “Acceptance Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation for your order.
  • 2.6
      The Contract will relate only to those Services whose order we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until the acceptance of such Services has been confirmed in a separate Acceptance Confirmation.
  • 2.7
      Any order, including Manual Input Orders, (whether or not accepted) is subject to availability of the Service. If the Service becomes unavailable we will notify you as soon as possible following the Acceptance Confirmation. Either us or you may then cancel the part(s) of the order relating to the unavailable Service (including those Services which can be reasonably linked to the unavailable Service) or we will, where possible, give you the choice of purchasing an alternative from us (an “Alternative”). A full refund will be issued to you for all cancelled parts of your order after we have received from you or sent notification of cancellation of the order. If you choose to purchase an Alternative in accordance with this condition 2.7 these Terms will apply. If an Alternative is chosen and payment has already been taken for the order we will refund to you any overpayment or, in the case of an underpayment, you will pay us any additional sums due in relation to the Alternative.
  • 2.8
      In the event that a Service is listed or quoted at an incorrect price due to an error, we will notify you within 14 days of the Acceptance Confirmation of the correct price by e-mail, telephone or fax. Either us or you may then cancel the part(s) of the order relating to the incorrectly priced Service or you may purchase the incorrectly priced Service(s) at the correct price. If you confirm you want to purchase the Service at the corrected price we will then arrange provision of the Service to you. If payment has been taken for the Service and you cancel your order we will issue a refund. If only some of the Services you ordered are mispriced it will not affect the order in relation to any Services which were priced correctly.
3.  Responsibility for the test booking
  • 3.1
      You must book a test on the DVSA website before we can find an earlier test date.
  • 3.2
      You remain responsible for the driving test booking at all times before, during and after use of any of the Services. It is your responsibility to ensure that the test fee is not forfeited as a result of DVSA policies. If you book a test date that you subsequently discover is not suitable you must use the DVSA website to change the booking to a later date - we cannot do this for you. We will not compensate you for a forfeited test fee unless your booking was changed without consent due to a (exceptionally unlikely) malfunction of our system.
  • 3.3
      By signing up to any of the Services you consent to us managing the test booking. By replying to a text or email message notification you consent to us changing the test booking.
4.  Cancellation
  • 4.1
      Except as outlined in clauses 2.7 and 2.8, you will not have the right to cancel a Contract once payment has been made to us. Should you wish to cancel, we may allow you (at our sole discretion) to keep the payment made for Services on your order on account to be used in conjunction with the ordering and purchase of other Services at a later point in time. Refunds will not be given.
  • 4.2
      The Service will commence as soon as we receive comfirmation of your successful payment.
5.  Fraud
  • 5.1
      We use fraud detection technology to identify attempts to defraud us of the fees we charge for our Services. Any potential fraud that we detect will result in the forfeiting of any right to a refund as outlined in any part of this Contract. There is no right to appeal.
  • 5.2
      We will not disclose our detection methods unless required to do so by law.
6.  Prices and Payment
  • 6.1
      The prices for the Service(s) are as set out on the Website at the time of purchase. Payment is due at the time of order.
  • 6.2
      The price for the Service(s) shall be exclusive of any value added tax (VAT). We are not registered for VAT and therefore do not include it in our prices.
  • 6.3
      Payments may be made by credit or debit card and we shall not commence any Service(s) until we receive cleared funds. No payment shall be deemed to have been received until we receive confirmation from our payment provider.
  • 6.4
      If you pay as set out in condition 6.3, your payment will be processed by a secure connection at the time you place your order on the relevant section of the Website.
7.  Limitation of our liability
  • 7.1
      Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
  • 7.2
      Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
  • 7.3
      Subject to condition 7.4 our aggregate liability in respect of all causes of action arising out of or in connection with the Service(s) purchased under these Terms (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of the Services delivered to you under these Terms.
  • 7.4
      We shall not be liable to you for any loss of profit; or loss of anticipated revenue; or loss of business; or any consequential or indirect loss.
  • 7.5
      Notwithstanding anything in these Terms we do not exclude liability for:
    • 7.5.1
        personal injury and death caused by our negligence;
    • 7.5.2
        fraud;
  • 7.6
      Except for any warranties expressly set out in these Terms any warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.
8.  Links to Third Party Websites
  • 8.1
      The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website.
9.  Security
  • 9.1
      Our payment partner's secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website. We do not handle or store your credit/debit card details ourselves.
10.  Complaints Procedure
  • 10.1
      We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at the address Driving Test Cancellations Ltd, Construction House, Runwell Road, Wickford, Essex, SS11 7HQ. Our aim will always be to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
11.  Intellectual Property
  • 1.1
      All Website, design, text and graphics belong to us. All copyright, trade marks and other intellectual property belong to us.
  • 1.2
      You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website including but not limited to any trade marks or copyrighted material without our express permission. However, you are permitted to download and print out pages from the Website for the sole purpose of viewing for your own personal information.
12.  Entire Agreement
  • 12.1
      These Terms represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms are reserved by us.
13.  Severance
  • 13.1
      If any provision of these Terms is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms which shall remain unaffected.
14.  Third Party Rights
  • 14.1
      A person who is not a party to this Contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
15.  Force Majeure
  • 15.1
      We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms arising from any cause beyond our reasonable control including any of the following: act of God, earthquake, windstorm or other natural disaster, governmental act, war threat of or preparation for war, armed conflict, fire, flood, adverse or extreme weather (including but not limited to heavy or persistent snow), explosion or civil commotion, terrorist attack, civil war, civil commotion or riots, epidemic or pandemic, failure in information technology or telecommunications services, failure of a third party (including failure to supply data), action or intervention of the DVSA, lack of availability of test suitable appointments, fuel shortage, interruption or failure of utility service, including but not limited to electric power, gas or water, any labour dispute, including but not limited to strikes (including without limitation fuel strikes), industrial action or lockouts.
16.  Variation
  • 16.1
      We may vary these Terms in relation to future sales from time to time by publishing new Terms on the Website or by otherwise notifying you of our new Terms.
17.  Contact Details
  • 17.1
      Post: Driving Test Cancellations Ltd, Construction House, Runwell Road, Wickford, Essex, SS11 7HQ
  • 17.2
      Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
18.  Law and Jurisdiction
  • 18.1
      These Terms will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website or these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Driving Test Cancellations Ltd
Construction House
Runwell Road
Wickford
Essex
SS11 7HQ

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