- OTHER RELEVANT TERMS
- a) Our Acceptable Use Policy below which set out the permitted uses and prohibited uses of Vehicle Group, in particular, any/all mobile application software or software application we may make available (” App( s)”). When using Vehicle Group you must comply with the Acceptable Use Policy, in particular, you warrant that all data provided by you is true and accurate.
- b) Our User Privacy Notice, which sets out the terms on which we process any personal data we collect about you or that you provide to us and information about the cookies on Vehicle Group. By using Vehicle Group, you acknowledge that you have read and understood our User Privacy Notice in relation to such processing and you warrant that all data provided by you is true and accurate.
- CHANGES TO Vehicle Group
2.1 We may update Vehicle Group from time to time and may change the Content at any time. However, if any of the Content on Vehicle Groupis out of date at any given time, we are under no obligation to update it.
2.2 We do not guarantee that Vehicle Group, or any Content on it, will be free from errors or omissions.
- ACCESSING Vehicle Group
3.1 We do not guarantee that Vehicle Group, or any Content (as defined below) on it, will always be available or be uninterrupted. Access to Vehicle Group is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of Vehicle Group without notice. We will not be liable to you if for any reason Vehicle Group is unavailable at any time or for any period.
3.2 You are responsible for making all arrangements necessary for you to have access to Vehicle Group.
3.3 We provide a variety of different services and additional terms (including age requirements) may apply.
3.4 Our services are not suitable for those under 16 years of age and, as such, by using Vehicle Group you represent that you are at least 16 years of age. Persons who are at least 16 years of age but under the age of 18 years of age may only use Vehicle Groupwith legal parental or guardian consent.
- YOUR ACCOUNT AND PASSWORD
4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly contact us at info@Vehicle Group.
- INTELLECTUAL PROPERTY RIGHTS
- NO RELIANCE ON INFORMATION
6.1 The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content.
6.2 We shall have no responsibility to check the accuracy of any information provided or made available to us (which includes information listed in catalogues, listings and any other literature in use from time to time) and you rely on all such information at your own risk.
6.3 It is for you to satisfy yourself as to the price, quality, condition, provenance (or any other characteristic) of any goods or services on Vehicle Group through your own inspection and inquiries and we shall accept no liability for any information prepared by us (in particular, where we have been dependent and/or reliant on information provided by third parties and, for the avoidance of doubt, we do not undertake to check or scrutinise such information).
6.4 Vehicle Group may contain technical inaccuracies and typos. Although we make reasonable efforts to update the information on Vehicle Group, we make no representations, warranties or guarantees, whether express or implied, that the Content on Vehicle Group is accurate, complete or up-to-date. You agree to use Vehicle Group at your own risk.
- REDUCED AND ‘SPECIAL OFFER’ CARS
7.1 The prices of all cars advertised on Vehicle Group are notified to us by third party sellers. You should ask the advertiser to confirm the price when contacting them to enquire about a vehicle.
7.2 Price reductions displayed in the “Reduced Vehicles” section are calculated by us. We use information provided by the advertiser to compare the current advertised price of a car with its most recent, higher price that applied for a minimum of 28 days. This comparison is provided to show the recent pricing history of the car and might not represent a price promotion or special offer from the advertiser.
7.3 Vehicles which are subject to a ‘special offer’ are displayed in the ‘Special Offers’ section of Vehicle Group, as well as being flagged as such in the general search results. To benefit from a ‘special offer’, you should print or produce the unique discount voucher displayed on a particular vehicle’s advert at the specified dealership. Any discount voucher obtained through Vehicle Group shall be valid for 28 days from you clicking to ‘redeem this voucher’ on Vehicle Group. The promoter for a discount voucher shall be the dealer offering the vehicle for sale, whose contact details are available on the vehicle’s advert page. Any further terms and conditions for use of the discount voucher shall be displayed on the voucher itself.
- LIMITATION OF OUR LIABILITY
8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Vehicle Group or any Content on it, whether express or implied (including but not limited to vehicle information and valuation). We make no representations, warranties, guarantees or promises that any third party independent data from such third parties as CAP Automotive Limited or Glass’ Information Services Limited (or any other company who provides us with vehicle valuations) or any data provided by us is accurate or reflects the true value of that vehicle. Where an estimate is provided on a vehicle it will be subject to changes in market conditions (both nationally and regionally) which may affect the price at which it is valued. You rely at your own risk on any estimate of the value of a vehicle given on Vehicle Group. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to Â ₤ 50 (fifty pounds sterling).
8.3 We are not liable in any way for failure, interruption, delay or any other matters of a similar nature whatsoever to Vehicle Group arising out of circumstances beyond our reasonable control including, but not limited to, fire, explosion, earthquake, flood, storm, riot, civil disturbance, strikes, lockouts and industrial disputes, war, nuclear accident, terrorist activity, failure of equipment or transmission (or other supply) difficulties (except where such failure or transmission (or other supply) difficulties are caused by our negligence or wilful default), the act or order of any government department, council or other constituted body and acts of God.
8.4 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
- a) use of, functionality or inability to use Vehicle Group and/or Vehicle Group;
- b) use of or reliance on any Content displayed on Vehicle Group;
- c) loss of profits, sales, business, or revenue;
- d) business interruption;
- e) loss of anticipated savings;
- f) loss of business opportunity, goodwill or reputation; or
- g) any indirect or consequential loss or damage.
8.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Vehicle Group or to your downloading of any Content on it, or on any website linked to it.
8.6 We assume no responsibility for the content of websites linked on Vehicle Group. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you have a dispute with one or more Vehicle Group users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
10.1 Whenever you make use of a feature that allows you to upload Content to Vehicle Group, or to make contact with other users of Vehicle Group, you must comply with the content standards set out in our Acceptable Use Policy.
10.2 You warrant that any such contribution complies with those standards and you will be liable to us and indemnify us for any breach of that warranty, which means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
10.3 When you give us Content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trade marks, design, database and intellectual property rights to that Content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms (as defined below) and media channels. In particular, by giving us Content, you grant us the right to display such Content on Platforms that are part of the global car community, such as auto trader or our classifieds sites in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms for any purpose. In addition, you waive all moral rights you have in the Content to the fullest extent permitted by law.
10.4 We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to Vehicle Group constitutes a violation of their intellectual property rights, or of their right to privacy.
10.5 We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of Vehicle Group
10.6 We have the right to remove any listing you make on Vehicle Group if, in our sole opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
10.7 The views expressed by other users on Vehicle Group do not represent our views or values.
10.8 We may at times use third party data suppliers to supplement the information you have provided in a listing. This could include descriptions, product specifications and other Content. You may use such information solely in connection with your listing while your listing is on Vehicle Group. The information provided may be subject to copyright, trade mark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the Content (other than by including them in your ads). This permission is subject to modification or revocation at any time at our sole discretion.
- GLOBAL MARKETPLACE
Some Vehicle Group features may display your listing on other sites, services, applications or tools (together, “Platform( s)”) that are part of the global auto community (for example, on eBay Platforms in the United Kingdom or in other countries), or on third party Platforms, including social media channels. By using Vehicle Group, you agree that your ads can be displayed on these other Platforms and media channels. The terms for our other other Platforms are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your listing is posted. When your listing is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your listing if it is reported to us, any other Platform, or any third party Platform, or if we believe it causes problems or violates any law or policy.
12.1 We do not guarantee that Vehicle Group will be secure or free from bugs or viruses.
12.2 You are responsible for configuring your information technology, computer programmes and platform in order to access Vehicle Group. You should use your own virus protection software.
12.3 You must not misuse Vehicle Group by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Vehicle Group, the server on which any part of Vehicle Group is stored or any server, computer or database connected to Vehicle Group.
You must not attack Vehicle Group (such as via a denial-of-service attack or a distributed denial-of service attack.) By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Vehicle Group will cease immediately.