Member Terms and Conditions

These Member Terms and Conditions form part of our User Agreement and should be read in conjunction with the Website Terms of Use and the Privacy & Cookie Policy, which are also constituent parts of the User Agreement.

These Member Terms and Conditions are applicable to all users who register themselves with our site, whether as Customers or Repair Centres.

Please read these Member Terms and Conditions carefully before you become a Registered User on our site. By registering on our site in accordance with clause 4.1 below, you indicate that you accept these Member Terms and Conditions and that you agree to abide by them. If you do not agree, then please refrain from becoming a Registered User.

You can also jump straight to the relevant rules & guidance for Customers and Repair Centres respectively.

Questions

Users who require help or assistance with this site, or have any questions whatever regarding iTechnician, may call our 24/7 Telephone Helpline on 0845 122 1500.

1. Definitions

The terms used in this agreement have the meanings set out below unless the context requires otherwise:

‘iTechnician’ is a trading name of Interactive Network Ltd.

'Card supplier' means the institution which owns the debit or credit card you are using on the Online Payment Facility;

'Content Standards' means our content standards as set out in clause 3.3 of the Website Terms of Use;

'Customer' means a potential buyer of repair or similar services in relation to Apple devices;

'Instalment terms' means the set period and dates over which payment will be charged to the debit or credit card you are using on the Online Payment Facility;

'Online payment facility' means the internet based payment system operated on behalf of iTechnician;

'Subscription Fee' means the fee payable to us under the provisions of clause 7.1.1. below;

'Recurring payment' means payment collections initiated by the iTechnician to collect amounts due under the Instalment Terms;

'Registered User' means a user registered with this website pursuant to clause 4 below, whether as a Customer or as a Repair Centre;

'repair' means variously repair, advice, guidance and fault diagnosis in relation to an Apple device;

'Repair Centre' means a business or individual which repairs Apple devices and provides allied services;

'User' means any user of this website.

2. Registration

2.1. Registered Users must:

2.1.1. Be at least 18 years old; and

2.1.2. Always provide valid and complete contact information and must always have a valid email address

2.2. Registered Users may not misrepresent their identities

2.3. We reserve the right to reject your registration at any time and for any reason and without notice to you.

2.4. If you are registering on behalf of a business or any corporate body, by registering with us you are confirming that you have the proper authority to bind the business/corporate body on whose behalf you are registering.

3. Our status

3.1. iTechnician does not provide any repair services or lead generation whatsoever. Nor do we guarantee or assure a volume of business for Repair Centres or the performance of repair or service contracts by either Repair Centres or Customers. Our role is simply to provide a facility where Customers and Repair Centres can find each other.

3.2. It is the role of Customers and Repair Centres, respectively, to select each other on the basis of the services required and the contractual terms and rates offered by each of the parties. We do not carry out vetting of any Registered Users and therefore do not provide any assurances as to the ability of a party to perform its obligations under a repair or service contract.

3.3. Please note that, with regard to any transaction made between Users, the resulting legal contract is between those parties, and is subject to the terms and conditions of that Repair Centre or other terms as agreed between the parties. Parties should review any terms and conditions applying to the transaction.

4. Use of the site

4.1. A Customer enters into a contract with us and becomes a 'Registered User' by submitting a request for a quotation as per the process set out in clause 4.2. A Repair Centre enters into a contract and becomes a 'Registered User' by registering for a service supplier account.

4.2. The site operates as follows:

4.2.1. The Customer enters the postcode of their location for the purpose of finding a proximate Repair Centre, together with the make and model of the Apple device requiring repair. The Customer then selects one or more Repair Centres for the purpose of obtaining a quote and clicks on the button 'Request a Repair Quote' for each Repair Centre. This opens a pro forma that allows the Customer to enter his or her contact details and describe the fault or damage to the Apple device, and what might have caused this (the 'Quotation Request');

4.2.2. Once the Customer clicks 'Submit', a 'thank you' e-mail is sent direct to the Customer by iTechnician, AND the 'Quotation Request' is relayed to the Repair Centre's via an e-mail. This provides an opportunity for the Repair Centre to offer its services on their own terms ('the Quote') in response to the Quotation Request.

4.2.3. As this site is merely a facility for Customers to obtain quotes from Repair Centres, the Quotes do not become legally binding contracts, even once accepted by a Customer.

4.3. Quotation Requests and Quotes (together Submissions) may be moderated. It will be at our discretion to determine whether or not a Submission falls within our Content Standards.

4.4. We cannot guarantee how quickly Submissions will be sent to the recipient.

4.5. We are under no obligation to you or any other person to oversee, monitor or moderate the site or any other service we provide on the site. We reserve the right to remove, or to disable access to, any submission which breaches the Content Standards.

4.6. Submissions may not relate to the repair of any devices whose use is prohibited by law.

4.7. Full responsibility for compliance with any laws and regulations in relation to the repair of the device lies with the Customer and the Repair Centre.

5. Requirement for Quotation Request

Each Quotation Request must contain:-

Customers expressly agree and acknowledge that where a Quotation Request is deficient in that it does not contain some or all of this information, then this affect the quality of the response from the Repair Centre(s) nominated by the Customer.

6. Restrictions on sharing contact details

Registered Users are not permitted to include contact information for the purpose of soliciting sales outside the site, however once a Quote has been accepted by a Customer, then Repair Centres are required by the Electronic Commerce (EC Directive) Regulations 2002 to display their contact details, including the geographic address at which their business is established.

7. Rules for Repair Centres

7.1. Fees and terms of payment.

7.1.1. There is an monthly subscription fee charged to each Repair Centre unless otherwise agreed, this shall be paid via your PayPal account or some other online payment facility acceptable to us in one instalment

7.1.2. Any and all monies are due for payment by the Repair Centre on completion of registration or on the dates, or intervals specified as may be appropriate, unless alternative arrangements are agreed between iTechnician and the Repair Centre.

7.1.3. In the event there are insufficient funds or you are otherwise unable to pay, we reserve the right to suspend your account until such time as you have paid the sums due and owing to us.

7.1.4. All payments are subject to the following conditions:

7.1.5. By accepting these terms and conditions, you authorise iTechnician to charge to the debit or credit card account (if you have provided those details) or otherwise the nominated online payment facility.

7.1.6. The standard payment term is a monthly term, however quarterly or annual instalment terms may be offered at the absolute discretion of iTechnician.

7.1.7. You agree that there will either be sufficient availability under the credit card limit or sufficient funds in the debit card account, or the online payment facility (as the case may be) to make the recurring card payments when they fall due.

7.1.8. If a recurring payment collection fails iTechnician will make a second attempt at collection five working days after the first attempt.

7.1.9. For the avoidance of doubt (and regardless of whether any instalment terms have been agreed), if a second collection attempt fails the full outstanding amount will fall due for immediate payment by other means. We also reserve the right to charge an administration fee to cover our reasonable costs for second and further collection attempts and which will also be applied to your account. If applied, this fee will also be due for immediate payment.

7.1.10. iTechnician may from time-to-time offer a limited number of free Quotes to new Repair Centres, but is under no continuing obligation to honour these.

7.1.11. We reserve the right to review our fee structure from time-to-time. We will notify you prior to the implementation of any changes. You may close your account without penalty within thirty (30) days of such notice being given. Otherwise, changes to our fees are effective thirty (30) days after such notice being given. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications.

7.2. Guidelines for Repair Centres

While using iTechnician sites, services, applications and tools, we kindly ask that Repair Centres adhere to the following conditions of use, so that our service can help everyone:

7.3. Repair Centre content and policies.

We offer Repair Centres / Technicians the facility to add and edit from time-to-time via their online Control Panel a detailed service profile page, including in-depth service information, credentials, etc… which then appear on the Website and in the search results of Customers. When providing us with content or posting content on iTechnician's sites, services, applications or tools, you grant us the right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

For the convenience of Repair Centres, we may offer stock images, descriptions and service specifications, which are provided by third-parties. You may use this content solely in connection with your iTechnician listings during the time your services are listed on iTechnician's sites, though we cannot promise that the content will always be accurate and up-to-date, and you agree that you will not hold our content providers or us responsible for inaccuracies in the content.

All Repair Centres are urged to ensure that Customers are familiar with the terms and conditions of their Repair Centre. These conditions may include, for example, warranties, returns, and payment policies. Repair Centres must create reasonable policies in good faith and must abide by such policies. All Repair Centres must comply with iTechnician site-wide policies, while Repair Centres are responsible for enforcing their own reasonable policies. iTechnician reserves the right to request that a Repair Centre modify a policy.

7.4. Service standards.

By participating on iTechnician's site(s), you agree to provide a first class service to each and every Customer who books a repair with you through iTechnician, and you agree to assume full responsibility for the provision of the repair service.
Customers are asked for detailed feedback on Repair Centres and we take that feedback seriously. iTechnician reserves the right to post such feedback anywhere on the Website (including, without limitation, in your profile) in whatever form and using whatever content (in its absolute discretion) is considered necessary AND to suspend or cancel your account at any time for any reason.

7.4.1. Repair Centres must:

7.4.1.1. reply to each Quotation Request within 24 hours;
7.4.1.2. honour a transaction contract formed with a Customer;
7.4.1.3. provide the services for which payment was accepted; and
7.4.1.4. include all taxes, including VAT, and fees payable by the Customer for the repair services in any Quote.

7.4.2. Repair Centres must not:

7.4.2.1. bid against their own Quote, or have associates, or employees do so;
7.4.2.2. significantly misrepresent their services by not meeting the terms and services description outlined in the Quote.

7.5. Term and Termination

7.5.1. The Agreement shall come into force on payment of the subscription fee specified in clause 7.1.1 above (or the first instalment thereof) and shall continue for term of twelve (12) months from that date ('the Initial Term'), and shall be renewed on each anniversary of the Initial Term unless either party shall serve written notice on the other to expire on the next anniversary date.

7.5.2. Notwithstanding clause 7.5.1 above, either Party may immediately terminate the Agreement by giving written notice to the other Party should one of the following defined events or circumstances arise:-

7.5.2.1. any sum owing to that Party by the other Party under any of the provisions of the Agreement is not paid within fourteen (5) Business Days of the due date for payment;

7.5.2.2. the other Party commits any other breach of any of the provisions of the Agreement and, if the breach is capable of remedy, fails to remedy it within ten (10) Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;

7.5.2.3. an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;

7.5.2.4. the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);

7.5.2.5. the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting there from effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement);

7.5.2.6. anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;

7.5.2.7. the other Party ceases, or threatens to cease, to carry on business; or

7.5.2.8. control of the other Party is acquired by any person or connected persons not having control of that other Party on the date of the Agreement. For the purposes of this clause, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.

7.5.3. For the purposes of sub-clause 7.5.2.2. above, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.

7.5.4. The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.

7.6. Effects of Termination

Upon the termination of the Agreement for any reason:

7.6.1. any sum owing by either Party to the other under any of the provisions of the Agreement shall become immediately due and payable;

7.6.2. all clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;

7.6.3. termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement which existed at or before the date of termination;

7.6.4. subject as provided in this clause 7.6 and elsewhere in the Agreement and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and

7.6.5. each Party shall (except to the extent required to enforce the continuing rights and obligations referred to in sub-clause 7.6.4 above) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.

8. Rules for Customers

Using iTechnician is easy. When you need to have your mobile device repaired, all you need to do is search on our site for Repair Centres local to you, request a quote and then select the Repair Centre that you would like to use
We do ask all Customers to adhere to the following guidelines:

• Repair Centres try to provide accurate and transparent quotes, but please 'help them to help you' by providing full and complete information on your mobile device and the perceived fault or problem;

• Please abide by the Repair Centre's terms of business;

• You pay the Repair Centre direct to repair your Apple device. You pay us nothing. However, we may change our fee structure from time to time, but we will notify you in advance of any planned changes.

Customers must not:

8.1. Submit their own Quotes to decrease Quotes made by Repair Centres. Users submitting quotes for the provision of services must be wholly independent from the Customer of those services.

8.2. Neither Customers nor Repair Centres may interfere with a transaction or offer to buy or supply repair in response to a Quotation Request outside of the site.

9. Cancellation

9.1. Repair contracts are formed between Customers and Repair Centres so the negotiation and agreement of any cancellation and its consequences are matters for them.

9.2. It's important to note that due to the nature of our services, which is the provision of a booking facility only, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the booking services has commenced. We also cannot refund your booking fee under any circumstances.

10. Working together

ITechnician work hard to keep our site working properly and safely. Please report problems, offensive content and policy breaches to us and we will take action. We may also restrict your services from time-to-time if we believe this to be in the best interests of the community.

11. Liability

We try to keep iTechnician and its sites, services, applications and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications or tools. You further acknowledge that operation of and access to our sites, services, applications or tools may be interfered with as a result of technical issues or numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

You are solely responsible for any damages to your hardware device(s) or loss of data that results from the use of any iTechnician application. Notification functionality in iTechnician applications may not occur in real time. Such functionality is subject to delays beyond iTechnician's control, including without limitation, delays or latency due to your physical location or your wireless data service provider's network.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising.

You acknowledge that we are booking service only. At no point do we provide repair services ourselves. We do not review Repair Centre listings or content and are not involved in the actual transaction or service between the Repair Centre and the Customer. We have no control over and do not guarantee the existence, quality, safety or legality of the services advertised, the truth or accuracy of content posted by Repair Centres or users on our sites, the ability of Repair Centres to repair Apple devices, the ability of Customers to pay for repairs, or that a Repair Centre or Customer will actually complete a transaction or that a Repair Centre will return an Apple device to a Customer, as the case may be, AND Repair Centres and Customers expressly acknowledge and agree that iTechnician is not responsible in any way for any losses or damages resultant from any material breach or failure of any repair or service contract on the part of Repair Centres or Customers.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) any amounts due up to the open market value of the Apple device under repair and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.00.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

12. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

13. Privacy & Cookies

We use your information only as described in the iTechnician Privacy & Cookie Policy.

14. No agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

15. Notices

Except as explicitly stated otherwise, legal notices shall be served by registered mail to
Interactive Network Limited, Acorn House, 115 Spotland Road, Rochdale, United Kingdom, OL12 6PJ trading as iTechnician. We shall send notices to you by e-mail to the e-mail address you provide to iTechnician during the registration process (in your case). Notice to you shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three (3) days after the date of mailing.

16. Third party rights

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

17. Legal disputes

If a dispute arises between you and iTechnician, we strongly encourage you to first Contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and iTechnician both agree to submit to the exclusive jurisdiction of the English Courts.

18. Additional terms

You agree to abide by all policies posted on our site. The following policies are part of this User Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully:

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the iTechnician site. When using particular iTechnician services, applications or tools on our sites, you are subject to any posted policies or rules applicable to the services, applications or tools you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.

19. General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck-out and shall not affect the validity and enforceability of the remaining provisions.

In our sole discretion, we may transfer our rights and obligations (also known as "assign") under this User Agreement in accordance with the Notices section (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Section headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by e-mail by posting the amended terms on this site. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective thirty (30) days after they are initially posted.

This User Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, "in writing" does not include an e-mail message and "hand signed" does not include an electronic signature. In iTechnician's sole discretion, an amendment to this User Agreement may be signed by electronic signature.

Except as set out above, this User Agreement may not be altered by us or by you unless we both agree in writing hand signed by you and us. For the purposes of this provision, "in writing" does not include an e-mail message and "hand signed" does not include an electronic signature.

The User Agreement (including incorporated polices and rules) is the entire agreement between the parties and supersedes all prior understandings and representations of the parties.

If you have any questions about this User Agreement, please Contact us.