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Terms and Conditions

Please read these Terms of Use carefully before using the Site.

Introduction

These terms and conditions of use (“Terms of Use”) apply to this website and any other associated websites owned and operated by Manheim Europe Limited or any of its subsidiary companies (together being the “Site”).

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 Terns

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 However, if any of the content on the Site is out of date at any given time, we are under no obligation to update it.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

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.

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 Manheim Europe Limited or one of its wholly-owned subsidiaries and is protected by various intellectual property and copyright laws.

6.2 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.

6.3 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.

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. Reduced Cars

8.1 The prices of all cars advertised on this site are notified to us by the third party sellers. You should ask the advertiser to confirm the price when contacting them to enquire about the vehicle. Price reductions displayed in the "Reduced Cars" section are calculated by us. We use information provided by the advertisers 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.

9. Limitation of our Liability

9.1 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.

9.2 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.

9.3 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.

9.4 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.

9.5 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.

9.6 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.

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.

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 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.

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

11. Viruses

11.1 We do not guarantee that the Site will be secure or free from bugs or viruses.

11.2 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.

11.3 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.

12. Third Party Links and Resources in our Site

12.1 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.

13. Contact Us

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

June 2014

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