Website Acceptable Use Policy
This acceptable use policy (“AU Policy”) sets out the terms between you and us under which you may access this website and any other associated websites owned and operated by Manheim Europe Limited or any of its subsidiary companies (together being the “Site”).
This AU Policy applies to all users of, and visitors to, the Site.
A. your use of the Site means that you accept, and agree to abide by, all the policies in this AU Policy, which supplement our terms of website use; and/or
B. any mobile application software or software application we may make available (“App”).
In this AU Policy “Digital Software Application” means the Site and any/all of our Apps (as applicable). This AU Policy applies to all users of, and visitors to, the Digital Software Application.
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 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 ongoing operation of an account, we grant you a non-transferable, non-exclusive licence to use the specific App(s) that we inform you, you are authorised to use, subject to any Specific Terms that may be brought to your attention in accordance with clause 1.1 above, this AU Policy and any app store specific rules with which you may be required to comply in order to download and maintain the use of any individual 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 entire 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 App are not warranted as private or confidential.
3. PROHIBITED USES
3.1 You may use the Digital Software Application only for lawful purposes.
3.2 You may not use the Digital Software Application:
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 minors 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) any action which would interfere with or disrupt the Digital Software Application or servers or networks connected to the Digital Software Application;
f) 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 any Digital Software Application (save as may be necessary to achieve inter-operability with another software programme or application pursuant to the limited right contained in S.269A 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 any of our Digital Software Applications);
g) use of automated means, including spiders, robots, crawlers, or the like to download data from the Site;
h) to obtain contact details for the purposes of harassing our staff or any other illegal activity; and/or
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.
3.3 You also agree:
b) not to access without authority, interfere with, damage or disrupt:
• any part of the Digital Software Application;
• any equipment or network on which the Digital Software Application is stored;
• any software used in the provision of the Digital Software Application; or
• any equipment or network or software owned or used by any third party.
3.4 You acknowledge that all intellectual property rights in and related to the Digital Software Applications belong to us.
4. INTERACTIVE SERVICES
4.1 We may from time to time provide interactive services on the Site, including, without limitation, chat rooms, bulletin boards, forums and newsgroups etc. (“Online Interactive Facilities”).
4.2 Where we do provide any Online Interactive Facilities, 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). Notwithstanding the foregoing, we are not able to moderate any live interaction (“Live Chat”).
4.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Online Interactive Facilities service provided on the Site, 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 Facilities we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any Online Interactive Facilities 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 Facilities by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Online Interactive Facilities that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors 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 Facilities, 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 services.
5. CONTENT STANDARDS
5.1 The content standards set out in this clause 5 apply to any and all material which you contribute to the Site (“contributions”), to any Online Interactive Facilities associated with it and to any information you provide to us to register as a customer of ours or as a customer, 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 the Site 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 applicable law in the UK and in any country from which they are posted.
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 or trade mark 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 (by way of example only) copyright infringement or computer misuse.
6. SUSPENSION AND TERMINATION
6.1 We will determine, in our discretion, whether there has been a breach of this AU Policy through your use of the Digital Software Applications. When a breach of this AU Policy has occurred, we may take such action as we deem appropriate, including immediate suspension or termination of access or use.
a) immediate, temporary or permanent withdrawal of your right to use any/all of the Digital Software Applications;
b) immediate, temporary or permanent removal of any posting or material uploaded by you to any/all of the Site;
c) issue of a warning to you;
d) blocking your telephone number 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 as we reasonably feel is necessary.
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 limited, and we may take any other action we reasonably deem appropriate.
7. LIMIT OF LIABILITY
7.1 Nothing in this AU Policy shall limit or exclude our liability for (i) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors, or (ii) fraud or fraudulent misrepresentation, or (iii) title.
7.2 Subject to clause 7.1:
(a) under no circumstances whatever shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of use, loss of business, loss of opportunity, loss of data or any indirect or consequential loss arising under or in connection with use, functionality or availability of our Digital Software Applications; and
(b) our total liability to you in respect of all other losses arising under or in connection with use, functionality or availability of our Digital Software Applications, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £50 (fifty pounds sterling).
8. CHANGES TO THIS AU POLICY
8.1 We may revise this AU Policy at any time at our discretion by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this AU Policy may also be superseded by provisions or notices published elsewhere on the Site or specific terms applicable to any registered user account or App.
9.1 You are not entitled to transfer or assign any right or obligation arising under this AU Policy without our written permission.
9.2 We will not be liable for any failure to perform, or delay in performance of, any of our obligations under this AU Policy that is caused by any act or event beyond our reasonable control. If such an event occurs our obligations under this AU Policy will be suspended and the time for performance of our obligations will be extended for the duration of such event.
9.3 This AU Policy 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.