Terms & Conditions


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE

Introduction

These terms and conditions of use (“Terms of Use”) apply to this website (“Site”). The Site is operated by Motors.co.uk Limited (which we will refer to as “us” “we” and “our”) which is a limited company registered in England and Wales with company number 05975777. This site is operated by us using The Sunday Times and The Sunday Times Driving brands and trademarks pursuant to an agreement with certain companies within the News Corp UK and Ireland Limited group of companies (“News UK Group”).

In these Terms of Use we will refer to you as “you” and “your”.

These Terms of Use set out the terms on which you may make use of the Site, whether as a guest or a registered user, each time you use the Site. Use of the Site includes accessing, browsing, or registering to use the Site.

Please read these Terms of Use carefully before you start to use the Site. We recommend that you print a copy of this for future reference.

By using the Site, you agree to these Terms of Use and that you will comply with them. If you do not agree to these Terms of Use, you should not use any part of the Site.

1. OTHER RELEVANT TERMS

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

a)Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you; or that you provide to us and information about the cookies on the Site. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
b)Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.

2. CHANGES TO THESE TERMS

2.1 We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

3. CHANGES TO OUR SITE

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 However, if any of the content on the Site is out of date at any given time, we are under no obligation to update it.

3.2 We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

4. ACCESSING OUR SITE

4.1 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

4.2 You are responsible for making all arrangements necessary for you to have access to the Site.

4.3 We provide a variety of different services and additional terms (including age requirements) may apply.

4.4 Our services are not suitable for those under sixteen years of age and, as such, by using our Site you represent that you are at least sixteen years of age. Persons who are at least sixteen years of age but under the age of eighteen years of age may only use the Site with legal parental or guardian consent. If you have downloaded or subscribed for an application to access the Ste, whether via a mobile or other digital service or otherwise, to the extent not inconsistent with these Terms of Use, the applicable end user licence agreement for the services through which you downloaded the application may apply.

5. YOUR ACCOUNT AND PASSWORD

5.1 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.

5.2 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.

5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in writing at Central House, Leeds Road, Rothwell, Leeds LS26 0JE or privacy@motors.co.uk. You are solely responsible for any and all use of your account.

5.4 The Site is for the personal use of you and other users and may not be used in connection with any commercial endeavours except where and to the extent specifically endorsed or approved by us. Commercial advertisement and other forms of solicitation are prohibited unless expressly agreed by us in writing.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All texts, images, user interfaces, video media, artwork, computer code (including but not limited to HTML, Javascript, ActionScript and XML) (together being the “Content”) including but not limited to the design, structure, general “look and feel” of the Site, is owned or licensed by or to Motors.co.uk Limited (“Site IP”) and is protected by various intellectual property and copyright laws.

6.2 We hereby grant to you a limited, revocable, non-sublicensable licence to retrieve and display the Site IP (excluding any software code) on a computer screen solely for your personal, non-commercial use to the extent necessary to view the Site.

6.3 Except as otherwise declared within these Terms of Use, no part of the Site may be copied, reproduced, republished, posted, uploaded or otherwise duplicated on any other computer, server or website for commercial enterprise, without the prior written consent of Manheim Europe Limited or one of its wholly owned subsidiaries.

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

6.5 The Site contains content owned by users and other licensers to us (“Third Party Content”). Except for contributions posted by you and in which you retain ownership rights, you may not unless and to the extent otherwise specifically authorised by us copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site. You may retrieve and display Third Party Content (excluding any software code) from the Site on a computer screen for your personal non-commercial use to the extent necessary to view the Site.

7. NO RELIANCE ON INFORMATION

7.1 The content on the Site 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 on the Site.

7.2 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 their own risk.

7.3 It is for you to satisfy yourself as to the quality, condition and provenance of any goods on the Site through your own inspection and enquiries 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).

7.4 The web pages contained in the Site may contain technical inaccuracies and typos. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on any Manheim website is accurate, complete or up-to-date. You agree to use any Manheim website at your own risk.

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, or 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 the Site 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 on any estimate given by us of the value of a vehicle at your own risk.

8.3 We are not liable in any way for failure, interruption, delay or any other matters of a similar nature whatsoever to the Site 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, or inability to use, the Site;
b)use of or reliance on any content displayed on the Site;
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 the Site 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 the Site. 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. INDEMNITY

9.1 You agree to indemnify and hold us, our subsidiaries and affiliates and the respective officers, agents, partner and employees, and News UK Group, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Site in violation of these Terms of Use and/or arising from your use of or conduct on the Site and/or a breach of these Terms of Use.

10. UPLOADING CONTENT TO OUR SITE

10.1 Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Acceptable Use Policy.

10.2 You warrant that any such contribution does comply 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 Any content you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

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 the Site constitutes a violation of their intellectual property rights, or of their right to privacy. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any contribution posted by you to or through the Site.

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 the Site.

10.6 You acknowledge that contributions submitted will not be returned.

10.7 We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

10.8 The views expressed by other users on the Site do not represent our views or values.

11. EMAIL POLICY

11.1 We will not respond unless required to do so by law to any electronic mail (“e-mail”) sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.

11.2 All e-mails received will be taken to be submitted, where appropriate, for publication, free of charge. If you have a story tip-off or you would like to submit a story please use the contact us link on the Website.

11.3 We will not disclose any personal information under any circumstances of any staff of any company in the News UK Group. Where appropriate we will endeavour to respond to e-mails with 3 days of receipt, but we cannot and do not guarantee to respond to e-mails. E-mails will generally be stored for 12 months after which time they will automatically be deleted. An e-mail sent to the incorrect destination is liable to be deleted immediately.

12 VIRUSES

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

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

13. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

13.1 Where the Site 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 / resources does not imply our endorsement of the material contained on such websites or of the third parties themselves.

14. ADVERTISING AND SPONSORSHIP

14.1 The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws, code and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Site and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings.

15 CONTACT US

15.1 To contact us, please email privacy@motors.co.uk.

16 JURISDICTION

16.1 These Terms of Use shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use.

16.2 Nothing in this clause 16 shall limit our right to bring proceedings against you arising out of or in connection with these Terms of Use (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction.

17 SEVERANCE

17.1 If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Use.

17.2 If any provision or part-provision of these Terms of Use is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

18 YOUR INFORMATION

18.1 Your information will be provided to [Times Newspapers Limited, publishers of The Times and The Sunday Times (TNL)] [News Group Newspapers Limited, publishers of The Sun (NGN)] for use in accordance with its Privacy and Cookie Policy , including to allow [TNL][NGN] to review and improve its products and services; to help identify new products and services; for statistical analysis; and with your consent to send you direct marketing in accordance with 2 below.


18.2 You will be providing your consent to receiving marketing communications from [TNL][NGN] by post, phone, email, SMS or other electronic means unless you have requested not to receive such communications by ticking the relevant box or boxes during the registration process.  Your choice will not prevent you from receiving information about your subscriptions or other products and services that [TNL][NGN] already provides to you.

February 2015