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Terms Of Use

INTRODUCTION

By accessing any Motors.co.uk website (including www.flex-motors.co.uk) and all Motors.co.uk applications, services, products and tools (including dealer tools such as The Eye and AutoEdit) (altogether, "Motors") you are agreeing to these Terms of Use. Motors is provided to you by Motors.co.uk Limited, 1 More London Place, London, SE1 2AF, UK registered in England and Wales with company number 05975777 ("we", "us" or "our").

These Terms of Use constitute a legally binding agreement between you and Motors.co.uk Limited and are effective as of 22nd February 2020 for current users and upon acceptance for new users. You accept these Terms of Use by clicking the "Sign Up" button when registering a Motors account and by otherwise accessing Motors, including posting a listing, or as otherwise indicated on Motors. You can find the old Terms of Use here and Acceptable Use Policy here.

1. OTHER RELEVANT TERMS

1.1 These Terms of Use refer and incorporate the following additional terms, which also apply to your use of Motors:

a) Our Acceptable Use Policy below which set out the permitted uses and prohibited uses of Motors, in particular, any/all mobile application software or software application we may make available ("App(s)"). When using Motors 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 Motors. By using Motors, 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.

2. CHANGES TO MOTORS

2.1 We may update Motors from time to time and may change the Content at any time. However, if any of the Content on Motors is out of date at any given time, we are under no obligation to update it.

2.2 We do not guarantee that Motors, or any Content on it, will be free from errors or omissions.

3. ACCESSING MOTORS

3.1 We do not guarantee that Motors, or any Content (as defined below) on it, will always be available or be uninterrupted. Access to Motors is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of Motors without notice. We will not be liable to you if for any reason Motors 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 Motors.

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 Motors 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 Motors with legal parental or guardian consent.

4. 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.

4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

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 privacy@motors.co.uk.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 All texts, images, user interfaces, video media, artwork, computer code (including but not limited to HTML, Javascript, ActionScript and XML), design, structure, general "look and feel" of Motors (altogether, "Content") is owned or licensed to us and is protected by intellectual property rights laws.

5.2 Except as otherwise declared within these Terms of Use, no part of Motors may be copied, reproduced, republished, posted, uploaded or otherwise duplicated on any other computer, server or website for commercial enterprise, without our prior written consent.

5.3 If you print off, copy or download any part of Motors in breach of these Terms of Use, your right to use Motors will cease immediately and you must, at our option, return or destroy any copies you have made.

6. 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 Motors 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 Motors may contain technical inaccuracies and typos. Although we make reasonable efforts to update the information on Motors, we make no representations, warranties or guarantees, whether express or implied, that the Content on Motors is accurate, complete or up-to-date. You agree to use Motors at your own risk.

7. REDUCED AND 'SPECIAL OFFER' CARS

7.1 The prices of all cars advertised on Motors 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 Cars" 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 Cars which are subject to a 'special offer' are displayed in the 'Special Offers' section of Motors, 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 Motors shall be valid for 28 days from you clicking to 'redeem this voucher' on Motors. 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.

8. LIMITATION OF OUR LIABILITY

8.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, our fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law.

8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Motors 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 Motors. 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 £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 Motors 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 Motors and/or Motors;

b) use of or reliance on any Content displayed on Motors;

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 Motors 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 Motors. 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.

9. RELEASE

If you have a dispute with one or more Motors 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. CONTENT

10.1 Whenever you make use of a feature that allows you to upload Content to Motors, or to make contact with other users of Motors, 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 eBay community, such as eBay 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 Motors 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 Motors.

10.6 We have the right to remove any listing you make on Motors 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 Motors 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 Motors. 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.

10.9 You may not have the opportunity to review all of the supplemental data before posting a listing. We are not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with these Terms of Use. If you notice inaccuracies in this data after your listing appears on the site please get in touch with us.

11. GLOBAL MARKETPLACE

Some Motors features may display your listing on other sites, services, applications or tools (together, "Platform(s)") that are part of the global eBay 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 Motors, you agree that your ads can be displayed on these other Platforms and media channels. The terms for our other eBay 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 eBay Platform, or any third party Platform, or if we believe it causes problems or violates any law or policy.

12. VIRUSES

12.1 We do not guarantee that Motors 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 Motors. You should use your own virus protection software.

12.3 You must not misuse Motors 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 Motors, the server on which any part of Motors is stored or any server, computer or database connected to Motors. You must not attack Motors (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 Motors will cease immediately.

13. THIRD PARTY LINKS AND RESOURCES ON MOTORS

13.1 Where Motors contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Our inclusion of links to other third party sites or resources does not imply our endorsement of the material contained on such websites or of the third parties themselves.

14. CHANGES

We may update these Terms of Use at any time with updates taking effect when you next post or 30 days after we post the updated terms on Motors, whichever is sooner. No other amendment to these Terms of Use will be effective unless made in writing, signed by users and by us.

Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on Motors or specific terms applicable to any registered user account or Specific App Terms (as defined below).

15. GENERAL

15.1 You are not entitled to transfer or assign any right or obligation arising under these Terms of Use without our prior written permission.

15.2 We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control. If such an event occurs our obligations under these Terms of Use will be suspended and the time for performance of our obligations will be extended for the duration of such event.

15.3 These Terms of Use and any rights arising under it are governed by English law. You and we agree that the courts of England and Wales shall have exclusive jurisdiction.

16. CONTACT US

16.1 To contact us, please visit Contact Us.

17. RESOLUTION OF DISPUTES

17.1 If a dispute arises between you and us, we strongly encourage you to first Contact Us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. We encourage users of Motors to use the Online Dispute Resolution (ODR) Platform to manage any potential dispute with another Motors user, or with us: http://ec.europa.eu/consumers/odr/.




ACCEPTABLE USE POLICY

INTRODUCTION

This Acceptable Use Policy ("AU Policy") sets out further terms between you and us under which you may access Motors, in particular, any App we may make available.

Your use of Motors means that you also accept, and agree to abide by, the terms of this AU Policy.

1. ACCESS TO APPS

1.1 The terms of this AU Policy apply to any App or any of the services accessible through an App however these are made available from time to time. Separate terms may apply to an individual App which we may bring to your attention from time to time (usually when you log onto the App) and shall require acceptance by you prior to any ongoing use of such App ("Specific App Terms").

1.2 Our Apps may require you to register as an individual registered user by completing our account opening process. Access to our Apps is personal and only by using the individual applicable personal log in and password. In order to be entitled to access any of our Apps you may be required to complete an account opening form and to be accepted by us as a registered user.

2. GRANT AND SCOPE OF APP LICENCE

2.1 Subject to, and in consideration of, you agreeing to accept the terms of this AU Policy (and subject to you completing any account registration process we may require and you being accepted by us for the ongoing operation of an account), we grant you a non-transferable and non-exclusive licence to use the specific App(s) that we inform you that you are authorised to use. This licence grant is also subject to any Specific App Terms that may be brought to your attention in line with section 1.1 above, this AU Policy and any third party app store specific rules with which you may be required to comply in order to download and maintain the use of any App.

2.2 Our Apps are made available on an "as is" and "as and when available" basis. It is your responsibility to ensure that you use up-to-date versions of any App we may provide and are either the owner of any device or have permission to use any device (from the owner of such device) for the purposes of accessing an App. We do not warrant that any App made available to you will be compatible with any particular device.

2.3 Any App made available to you and any log in account and/or password details that are set for your utilisation of any of our Apps are personal to you and must not be shared or disseminated in any way. You are responsible for the security of your access to the App. Log in rights may be suspended or withdrawn at any time at our sole discretion.

2.4 You accept that the App and any data transferred utilising an App (whether related to any services we may provide or not) may be accessible by third parties and you understand and accept that internet transmissions and utilisation of any Apps are not warranted as private or confidential.

2.5 By using the App, you agree that we may collect and use technical information about any device and related software and equipment that you may use to access the App to improve our products, internal business purposes and to provide any services to you. Apps may make use of location data. You can turn off location settings for the App on your device. Our User Privacy Notice explains how we collect, process, hold and use your personal data. You acknowledge that you have read and understood our User Privacy Notice.

3. PROHIBITED USES

3.1 You may use Motors only for lawful purposes.

3.2 You may not use Motors:

a) in any way that breaches any applicable local, national or international law or regulation;

b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

c) for the purpose of harming or attempting to harm anyone in any way;

d) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

e) for any action which would interfere with or disrupt Motors or servers or networks connected to Motors;

f) for any action to de-compile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with any aspect of Motors (save as may be necessary to achieve inter-operability with another software programme or application pursuant to the limited right contained in s269A of the Copyright, Designs and Patents Act 1988, and which you agree shall not be utilised to create any software or application which is substantially similar to Motors);

g) for use of automated means, including spiders, scraper, robots, crawlers, or the like to download data from Motors;

h) to obtain contact details for the purposes of harassing our staff or any other illegal activity;

i) to contact advertisers of vehicles other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question; and/or

j) to harvest or otherwise collect or use any information about others (including personal data such as email addresses) without their consent and must only use such information for Motors transaction-related purposes or for other services offered by Motors.

3.3 You also agree:

a) not to reproduce, duplicate, copy or re-sell any part of Motors including any image, data, logo or trade mark without our written permission and you agree you will not contravene the provisions of our Terms of Use;

b) not to access without authority, interfere with, damage or disrupt:

3.4 You acknowledge that all intellectual property rights in and related to Motors belong to us.

4. INTERACTIVE SERVICES

4.1 We may from time to time provide interactive services on Motors such as chat rooms, bulletin boards, forums and newsgroups ("Online Interactive Service(s)").

4.2 Where we do provide any Online Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). Please note that we are not able to moderate any live interactions ("Live Chat").

4.3 We will use reasonable endeavours to assess any possible risks for users (and in particular, for children) from third parties when they use any Online Interactive Services service provided on Motors and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Online Interactive Services we provide on Motors and we expressly exclude our liability for any loss or damage arising from the use of any Online Interactive Services by a user in contravention of our content standards, whether the service is moderated or not.

4.4 The use of any of our Online Interactive Services by a child is subject to the consent of their legal parent or guardian. We advise parents who permit their children to use Online Interactive Services that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Children who are using any Online Interactive Service should be made aware of the potential risks to them.

4.5 Where we do moderate an Online Interactive Service, we will normally provide you with a means of contacting the moderator should a concern or difficulty arise. However, we are unable to provide this information in relation to Live Chat which is not moderated.

5. CONTENT STANDARDS

5.1 The content standards set out in this section 5 apply to any and all material which you contribute to Motors ("Contribution(s)"), any Online Interactive Services associated with it and to any information you provide to us to register as a customer of ours (for instance you will need to register with us to book an appointment with us to bring your vehicle in for an inspection and potential sale at auction).

5.2 You must comply with the spirit and the letter of the following standards in relation to any Contribution you make to Motors or any information you provide to us.

5.3 Contributions, and any other information you provide to us, must:

a) be accurate (where they state facts);

b) be genuinely held (where they state opinions); and

c) comply with any applicable local, national or international law or regulation.

5.4 Contributions, and any other information you provide to us, must not:

a) contain any material which is obscene, offensive, hateful, inflammatory or defamatory of any person;

b) promote illegal activity, sexually explicit material or violence;

c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

d) infringe any copyright, database right, trade mark or other intellectual property rights of any other person;

e) be likely to deceive any person;

f) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

g) be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

h) be likely to harass, upset, embarrass, alarm or annoy any other person;

i) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

j) give the impression that they emanate from us, if this is not the case; and

k) advocate, promote or assist any unlawful act such as copyright infringement or computer misuse.

6. SUSPENSION AND TERMINATION

6.1 We will determine, in our sole discretion, whether there has been a breach of this AU Policy through your use of Motors. When a breach of this AU Policy has occurred, we may take such action as we deem appropriate (which may include immediate suspension or termination of access or use).

6.2 Failure to comply with this AU Policy constitutes a material breach of our Terms of Use and may result in our taking all or any of the following actions:

a) immediate, temporary or permanent withdrawal of your right to use any/all of Motors;

b) immediate, temporary or permanent removal of any listing or material uploaded by you to any/all of Motors;

c) issue of a warning to you;

d) blocking your telephone number and/or IP address;

e) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

f) further legal action against you; and/or

g) disclosure of such information to law enforcement authorities.

6.3 We exclude (to the fullest extent permitted by law) liability for actions taken in response to breaches of this AU Policy. The responses described in this AU Policy are not exhaustive and at our sole discretion we may take any other action.