Please read these terms and conditions carefully before ordering any Software or Services from our site. You should understand that by ordering any of our Software or Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Software or Services from our site.

1.  Information about us

DrivingTestCancellationsUK.com is a site operated by Driving Test Cancellations Ltd (we). We are registered in England and Wales under company number 07216321 and with our registered office at Driving Test Cancellations Ltd, 44 Mossford Green, Barkingside, Ilford, Essex IG6 2DX.

2.  Software and Service availability

Our site, Software and Services are only intended for use by people resident in the United Kingdom and we reserve the right to not accept orders from individuals resident elsewhere.

3.  Your status

By placing an order through our site, you warrant that:

• 3.1

    you are legally capable of entering into binding contracts;

• 3.2

    you are at least 18 years old;

• 3.3

    you are resident in the United Kingdom; and

• 3.4

    you are accessing our site from the United Kingdom.

4.  Fulfilment

• 4.1

    Your order will be fulfilled automatically as soon as we have received confirmation of successful payment from our payment partner. Occasionally our payment partner may perform additional security checks on you credit/debit card.

• 4.2

    There will be no fulfilment until cleared funds have been received.

5.  Money-back guarantee

We guarantee that we will find you an earlier driving test date within 28-days of your purchase date or refund our fee in full. The Service terminates when a refund is issued.

You must check for test dates with our Software for a minimum of one-hundred and twenty (120) hours before becoming eligible for a refund under this money-back guarantee. Only use of our Software between the hours of 6:00am and midnight on weekdays (excluding Saturday, Sunday and public/bank holidays) is counted towards the total hours.

You may request a refund from us (by e-mail or letter) no more than 28 days after your purchase date. Requests received outside of the stated timeframe will be declined.

Your right to a refund under this guarantee ends when your booked test date is changed or cancelled on the DSA booking system by you, us or any third-party.

You will not be entitled to a refund under this guarantee in the case where you or another person on your behalf finds an earlier test date before we do.

6.  Cancellation

Except as outlined in section 5 you will not have the right to cancel a Contract once payment has been made to us.

The Service will commence as soon as we receive comfirmation of your successful payment. Your right to cancel within the seven-day cancellation period as defined by the Distance Selling Regulations 2000 ends once the Service commences.

7.  Fraud

We use fraud detection technology to identify attempts to defraud us of the fees we charge for our Software and Services. Any potential fraud that we detect will result in the forfeiting of any right to a refund as outlined in section 5 and any other part of this agreement. There is no right to appeal.

We will not disclose our detection methods unless required to do so by law.

8.  Price and payment

• 8.1

    The price of any Software and Services will be as quoted on our site, except in cases of obvious error.

• 8.2

    Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.

• 8.3

    Prices do not include VAT. We do not charge VAT because we are not a VAT registered company.

• 8.4

    It is always possible that, despite our best efforts, some of the services listed on our site may be incorrectly priced. We will normally verify prices as part of our procedures so that, where a Service’s correct price is less than our stated price, we will charge the lower amount when processing your order. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before processing your order, or reject your order and notify you of such rejection.

• 8.5

    We are under no obligation to provide the service to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

• 8.6

    Payment for all Software and Services must be by credit or debit card or via PayPal. We accept payment with from all major credit and debit cards through our payment partners PayPal and Google Wallet. We shall not provide any paid services until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds.

• 8.7

    Your credit/debit card details will be handled securely by either PayPal or Google Wallet to minimise the possibility of unauthorised access or disclosure. We do not handle your credit/debit card details. Authority for payment must be given at the time of order. If you are not the registered cardholder you must make sure you have permission to use the card. If there is a problem taking payment for all or part of your order, we may contact you by telephone or e-mail.

9.  Our liability

• 9.1

    We warrant to you that any Software or Service purchased from us through our site is fit for purpose.

• 9.2

    Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Software or Service you purchased.

• 9.3

    This does not include or limit in any way our liability:

  • 9.3.1

      for death or personal injury caused by our negligence;

  • 9.3.2

      under section 2(3) of the Consumer Protection Act 1987;

  • 9.3.3

      for fraud or fraudulent misrepresentation;

  • 9.3.4

      for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or

  • 9.3.5

      for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

• 9.4

    We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:

  • 9.4.1

      loss of income or revenue;

  • 9.4.2

      loss of business;

  • 9.4.3

      loss of profits or contracts;

  • 10.5.4

      loss of anticipated savings;

  • 9.4.5

      loss of data, or

  • 9.4.6

      waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of clauses 9.4.1 to 9.4.5 inclusive of this clause 9.4.

10.  Data Protection

• 10.1

    Except as expressly set out in these terms and conditions, all use of your personal information will be made in accordance with our privacy policy

• 10.2

    By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We may pass your personal details to the Driving Standards Agency (DSA) in order to provide our Service to you. We will not pass your details to any other third party unless otherwise indicated to by you.

11.  Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our 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.

12.  Notices

All notices given by you to us must be given to Driving Test Cancellations Limited, 44 Mossford Green, Barkingside, Ilford, Essex IG6 2DX. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13.  Transfer of rights and obligations

• 13.1

    The contract between you and us is binding on you and us and on our respective successors and assigns.

• 13.2

    You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

• 13.3

    We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14.  Events outside our control

• 14.1

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

• 14.2

    A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • 14.2.1

      strikes, lock-outs or other industrial action;

  • 14.2.2

      civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

  • 14.2.3

      fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

  • 14.2.4

      impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

  • 14.2.5

      impossibility of the use of public or private telecommunications networks;

  • 14.2.6

      the acts, decrees, legislation, regulations or restrictions of any government.

• 14.3

    Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15.  Waiver

• 15.1

    If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

• 15.2

    A waiver by us of any default shall not constitute a waiver of any subsequent default.

• 15.3

    No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

16.  Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17.  Entire agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

18.  Our right to vary these terms and conditions

• 18.1

    We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

• 18.2

    You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the services).

19.  Law and jurisdiction

Contracts for the purchase of services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Driving Test Cancellations Ltd
44 Mossford Green
Barkingside
Ilford
Essex
IG6 2DX