Your Car Finder’s Standard Terms and Conditions of Business
These standard terms and conditions (“Conditions”) constitute a legally binding agreement between Your Car Finder and the Buyer and govern the provision and use of products and features supplied by Your Car Finder to the Buyer which enable access to Your Car Finder’s consumer to trade used car marketplace and allows the Buyer to sell vehicles to motor trade dealers.
Your Car Finder may modify these Conditions from time to time and you should therefore ensure that you review these Conditions regularly.
Your attention is drawn in particular to clause 11 (Liability and Indemnity). Note, Your Car Finder does not create or monitor Adverts and accordingly Your Car Finder provides no warranty as to the accuracy of vehicle descriptions and/or condition. Before buying a vehicle, you are expected to have considered additional repairs and maintenance which may be required prior to use and/or resale.
DEFINITIONS AND INTERPRETATION
In these Conditions, unless the context otherwise requires, the following terms have the following meanings:
“Advert” means any copy, artwork, text, data, photographs, slides and/or video clips advertising a vehicle that is to be published on the Website, including the content of a Condition Report;
“The Showroom” means a vehicle listed for sale using the auction functionality on the website;
“Bidder” means a Buyer who bids for an Auction Vehicle using the auction functionality on the website;
“Seller” means a person who advertises a vehicle on the website.
“Buyer” means (i) in the context of auction functionality, a Bidder who submits the winning bid on an auction through the Website, and (ii) A buyer who submits a binding Offer for the advertised vehicle displayed on a vehicle listing on the website;
“User” refers to both a buyer and seller role.
“Buyer’s fee” means the charges to be paid by the Buyer for the Services which will consist of the Agreed Fee and any additional transaction fees including Your Car Finder’s Admin Fees through the website in the relation to the sale and purchase of Advertised Vehicles as set out on the website. This is a fee of £180 plus VAT;
“Conditions” means the Terms & Conditions for the supply and use of the Services, as set out in this document;
“Your Car Finder” means the legal entity within the Your Car Finder Group which enters into the Usage Agreement with the Buyer for the Services, which shall be one of (i) Pennine Specialist Cars Limited (company no. 11483681) whose registered office is at Pennine House, Fishwick Street. Rochdale OL16 5NA
“Intellectual Property Rights” means all intellectual property rights wherever in the world arising whether registered or unregistered (including any application for registration), including without limitation, all copyright, trademarks, trade names, logos, patents, design rights, database rights and/or know how;
“Materials” means any copy, artwork, data, photographs, slides, video clips, information and/or other material provided or selected by the Buyer for inclusion in an Advert or otherwise uploaded to the website;
“Offer” means an offer of money to a seller for the purchase of a Vehicle via the website which signifies the intention to pay the sum of money offered for the advertised Vehicle;
“Order Confirmation” means the order communication sent by Your Car Finder to the Buyer confirming details of the Buyer’s order;
“Order Variation” means the form detailing changes requested by the Buyer to the Services, including additional products;
“Seller” means (i) in the context of auction functionality, a Buyer who lists for sale a Vehicle(s) using the auction functionality on the website;
“Services” means the products and services provided by Your Car Finder to the Buyer pursuant to the Usage Agreement (and subject to and in accordance with these Conditions) which constitutes a consumer to trade and allows the Buyer to buy vehicles from multiple sources and sell vehicles to other Buyers (and includes auction functionality and the ability to list for sale vehicles which are immediately available for purchase by a Buyer via auction), and further recommends and profiles vehicles that meet the Buyer’s sourcing strategy taking into account data derived market insight.
“Supplemental Information” means information used by Your Car Finder to supplement and enhance the Vehicle Information, including verification, enhancement or amendment of the Vehicle Information;
“Usage Agreement” means the agreement between Your Car Finder and the Buyer for the purchase and supply of the Services, incorporating the Order Confirmation and/or Order Variation and these Conditions;
“Buyer” means the person, firm or company who enters the Usage Agreement with Your Car Finder and has subsequently been issued with buyer name(s) and password(s) for accessing the Website; and
“Vehicle Information” means any data regarding the Buyer’s vehicles including but not limited to vehicle registration details, images, prices and sales information which is uploaded to the Website or otherwise communicated or made available to Your Car Finder.
In these Conditions, references to the singular include plural and vice versa; references to numbered clauses are references to the relevant clause in these Conditions; the headings to the clauses will not affect interpretation; any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and a reference to writing includes emails and electronic communications via the Website.
In the case of any conflict or ambiguity between any provision contained in these Conditions and any provision contained in an Order Confirmation and/or Order Variation, the following order of precedence shall apply in ascending order with Conditions taking precedence at the top:
Order Variation; and
Each accepted bid shall be deemed to be an offer by the Buyer to subscribe to the Services subject to these Conditions.
Orders placed by the Buyer shall only be deemed accepted by Your Car Finder when Your Car Finder sends an Order Confirmation or Order Variation (as applicable) to the Buyer. The Buyer shall ensure that the terms of its order are complete and accurate. If changes are required, the Buyer should inform Your Car Finder as detailed on the Order Confirmation or Order Variation.
Your Car Finder shall be entitled to modify these Conditions from time to time and any modifications shall be effective immediately from the time they are notified to the Buyer. Display of the modified Conditions on the Websites hall be deemed to be notice to the Buyer. The Buyer agrees to review the Conditions regularly to ensure they are aware of any modifications.
These Conditions govern the Usage Agreement to the exclusion of any other terms and conditions (including any terms the Buyer seeks to impose) unless expressly stated otherwise in writing by Your Car Finder.
The Buyer will subscribe to the Services as detailed in an Order Confirmation.
In consideration of payment of the Charges by the Buyer in accordance with clause 6, Your Car Finder will provide the Services to the Buyer on the date set out in the Order Confirmation (or, if no such date is set out, the date that access to the Website is initiated for the Buyer).
If after entering the Usage Agreement, the Buyer requests a change to the Services and Your Car Finder agrees, Your Car Finder shall confirm details of the requested change via an Order Variation. Except as expressly amended by any Order Variation the original Usage Agreement shall remain in full force and effect.
Your Car Finder shall provide additional technical specification details for Adverts which shall solely consist of details that Your Car Finder can obtain from its current supplier’s dataset. The Buyer acknowledges that the technical specification will be for the most recent model of the vehicle in question and will not be the technical specification for the exact vehicle in question. Such details will only be provided by Your Car Finder upon provision by the Buyer of a valid registration number for the vehicle in question. The provision of a valid registration number is the Buyer’s sole responsibility. It is the Buyer’s responsibility to ensure any inaccuracies in the technical specification are corrected in the Advert and at the point of sale of the vehicle.
Upon listing a vehicle for sale on the Website, the Seller undertakes that it is the owner of the vehicle or has valid documented authority from the owner to sell the vehicle in accordance with section 12 of the Sale of Goods Act 1979.
Classified Advertising Functionality
In respect of the display of classified Adverts, the Website acts only as a means by which Buyers (sellers and potential buyers) can be introduced, and any arrangements made for the purchase and sale of vehicles between Buyers are at each Buyer’s sole risk and responsibility.
Your Car Finder reserves the right to remove Adverts or prohibit any Buyers who consistently price their vehicles significantly above the trade price.
Once a Bidder has made an Offer for an Auction Vehicle on the Website it cannot be withdrawn and is binding on the Bidder for the purposes of these Conditions. Upon making an Offer for an Auction Vehicle, the Bidder is agreeing to purchase the Vehicle for the price won in the event that it is the highest Bidder. Once a bid has been accepted by a Seller the Bidder is bound to the Seller to complete the transaction and pay the purchase price offered plus Your Car Finder’s admin fee of £180+Vat
To win an auction for a particular Auction Vehicle, the Offer submitted must be the highest bid of the auction and must meet any other criteria which may be specific to the auction.
Upon listing a Vehicle for auction on the Website, the Seller agrees to sell the Auction Vehicle to the Buyer should it receive bids
Risk and title in the Vehicle remains with a Seller until it has received the purchase price. On payment completion, the Buyer will be responsible for contacting the Seller to arrange a date and time for collection of the vehicle and the Seller will promptly confirm such collection date and time. Sellers and Buyers agree to complete the transaction for a vehicle within 72 hours of the relevant auction closing.
Buyers acknowledge that all vehicles offered for sale on the Website are previously owned and used vehicles. All conditions and warranties implied by law, trade, custom or practice are excluded to the fullest extent permitted by law.
Disputes and Complaints
The Website is merely a website to facilitate the buying and selling of vehicles by introducing Buyers to sellers. Your Car Finder will not, and is not obliged to assist, in any disputes between any Buyers or sellers (including any disputes between them and any Bidder or Buyer in the context of Auction Vehicles). Nevertheless, Your Car Finder reserves the right to refuse or remove Offers and/or suspend, cancel or extend auctions at its absolute discretion, including where there are or have been obvious typographical or arithmetical errors.
Without prejudice to clause 3.22 above, Buyers may submit complaints about sellers’ Use of the Website. Your Car Finder will investigate all such complaints and take such action as it deems necessary, including any rights it has under clause 10.
Your Car Finder Data
The Buyer warrants that it will not alter, adapt, merge, copy or modify the Your Car Finder Data in any way for any purpose, including without limitation, for error correction.
The Buyer is prohibited from reselling or otherwise making available to any third party any Your Car Finder Data.
The Buyer acknowledges and agrees that the Your Car Finder Data is comprised of data provided by third parties and that in providing this information, Your Car Finder does not warrant the accuracy of any information provided, and any information provided shall be for guidance purposes only. Any business decisions taken in reliance of such information shall be at the Buyer’s sole risk.
Feedback must only be provided by Buyers as an accurate and truthful reflection of their experiences whilst conducting business with other Buyers on the Website.
Buyers must not take any actions that may undermine the integrity of the feedback system. All feedback content on the Website is the sole responsibility of the Buyers who originate such content. Your Car Finder may not monitor or control any feedback content posted via the Website and it cannot take responsibility for such content.
Use of Information relating to others
The Buyer agrees to only contact sellers regarding the sale and purchase of vehicles advertised on the Website and not to use contact details of any third party for any other purpose.
The Buyer agrees not to disclose any contact details or Advert details of any seller to any third party who is not a seller.
COPY, ARTWORK AND PHOTOGRAPHS
Your Car Finder may refuse to publish an Advert and/or edit or require an Advert to be amended so as to comply with legal or moral obligations placed on either party; to avoid infringing third party rights, any codes under the regulation of the Advertising Standards Authority and/or any relevant regulations or legislation; to respond to any complaints; to correct typographical errors or technical inaccuracies that may appear from time to time; and/or for any other technical and/or quality reasons.
Your Car Finder has the right, at its sole discretion, to remove from the Website, at any time and for any reason, any Adverts which Your Car Finder reasonably believes contain misleading information.
The Seller shall be solely responsible for uploading any images (including photographs and video) and for checking the accuracy of any Advert for errors and amending copy. Your Car Finder reserves the right in its sole discretion not to include a photograph or video in an Advert.
Your Car Finder may receive Materials via such means as specified by Your Car Finder from time to time. However, the Seller shall submit Materials at its own risk and Your Car Finder shall not be liable or responsible for non-receipt or corruption of Materials sent by the Seller and/or arising out of any third-party data feed errors.
The Seller is solely responsible for correctly completing all mandatory data fields for each Advert and for submitting Material to Your Car Finder in the correct format as specified and by any deadlines specified by Your Car Finder. Your Car Finder has no liability in respect of any Advert not appearing on the Website where the Seller has failed to submit Material in accordance with this clause 4.5.
The Seller is prohibited from supplying any contact details, including but not limited to, any telephone numbers or e-mail addresses, website addresses or URLs in additional data fields. Failure to comply with this rule may, at Your Car Finder’s sole discretion, result in the removal of all the Sellers Adverts.
The Seller warrants that it shall not:
access any unauthorised areas of the Website;
reverse engineer, decompile, disassemble or modify the whole or any part of any software (nor attempt to do any of the same) of the Website (except to the extent permitted by law);
copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website, including taking screenshots of the Website, scraping or caching any of the contents for access by third parties, nor mirror or frame any of the content of the Website nor incorporate it into another website without Your Car Finder’s express written permission;
upload files to the Website that contain a virus and/or corrupted data and/or development code or scripts;
use any software that causes damage or delay to the Website; and place more than one Advert for any one vehicle on the Website. Your Car Finder shall be entitled to remove any Adverts that duplicate other existing Adverts on the Website, at its sole discretion.
The Seller shall keep safe and confidential all passwords, security identification and/or encryption details relating to the Website and will follow all security instructions issued by Your Car Finder from time to time. The Seller will promptly update their password details and notify Your Car Finder if it believes that any password and/or other security information has been disclosed or is otherwise at risk. The Seller is responsible for the security of its account and shall notify Your Car Finder of any authorised sellers and any changes to such sellers.
The seller will treat as confidential all information contained in or concerning the Website or the Services generally. The Seller will not disclose such information to any third party, except to the extent that:
it is required to do so by a court or other competent authority if such notice of disclosure as is possible is given to Your Car Finder; or the information is already, or becomes, public knowledge except by way of any breach of confidence.
The Website and any Your Car Finder Data is provided on an “as is”, “as available” basis and although Your Car Finder makes reasonable efforts it does not guarantee the timelines, completeness or performance of the Website, the goods and services advertised on the Website or any Your Car Finder Data. No warranty is given by Your Car Finder that the Website and the Your Car Finder Data is free from computer viruses or any other malicious or impairing computer programs and the Buyer shall report to Your Car Finder any suspected faults to the Website promptly after such suspected faults come to the Buyer’s attention.
The Seller shall be solely responsible for obtaining, operating and maintaining all necessary computer hardware, software, modems and telecommunications links which it requires to access and use the Website.
The Seller agrees that any questions and complaints regarding the vehicles offered for sale by the Buyer on the Website are the exclusive responsibility of the Seller.
The Seller warrants that:
it carries on a business as a motor/vehicle dealer, fleet and/or rental company, auction house or other representative acting on behalf of a motor/vehicle dealer, fleet and/or rental company or auction house for the purposes of the Usage Agreement;
it will only use the Website in accordance with these Conditions and shall only supply Materials which comply in all respects with these Conditions;
all Materials are complete, accurate, legal, non-defamatory, decent, honest and truthful and comply with the all relevant codes under the regulation of the Advertising Standards Authority and all current relevant legislation;
it shall comply with all current applicable legislation, advertising codes and any other regulatory requirements, including without limitation the Consumer Rights Act 2015; the Consumer Protection from Unfair Trading Regulations 2008; the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing; and the Financial Conduct Authority’s Consumer Credit Sourcebook;
it contracts with Your Car Finder as a principal (notwithstanding that the Buyer may be acting in some representative capacity) and the seller has the legal right to offer for sale any vehicle, product or service advertised by it on the Website;
where the Seller is a representative, that it is authorised to place the Advert;
the reproduction and/or publication of any Advert and its content (including but not limited to any Materials contained in the Advert) by the Your Car Finder Group and/or the use of the Buyer’s logo and trade marks in accordance with these Conditions will not: breach any contract; infringe any third party Intellectual Property Rights; render the Your Car Finder Group liable to any proceedings whatsoever; and/or harm or detriment the reputation of the Your Car Finder Group;
the Advert will not contain any text, photographs or videos by which any living person is or can be identified; and
any individual purchasing products or services from Your Car Finder pursuant to the Usage Agreement on behalf of the Buyer accepts and confirms that it has the Buyer’s primary decision-maker’s permission.
The Buyer agrees to observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to sell and/or purchase vehicles advertised on the Website. Your Car Finder makes no representation and accepts no liability in respect of the export or import of the vehicles advertised on the Website or in alerts such as emails sent to the Buyer by Your Car Finder.
Your Car Finder uses reasonable endeavours to ensure that this website is accessed and used only by professional members of the motor trade.
The Buyer shall pay to Your Car Finder the buyer’s fee on or before the due date, which shall be: 7 days from the date the buyer has paid the seller.
The Charges are inclusive of VAT.
The Buyer shall pay all sums due to Your Car Finder under the Usage Agreement without any set-off, deduction, counterclaim and/or other withholding of monies. The existence of a query on an individual item in an account shall not affect the due date of payment of the remaining balance in an account.
If the Buyer fails to make full payment by the due date, then all monies owing by the Buyer to Your Car Finder shall immediately become due and payable.
In the event the Buyer provides credit card details to Your Car Finder, the Buyer authorises Your Car Finder to collect an amount equal to the Charges from that credit card as they become due.
When a sum owing has not been received in full by Your Car Finder within 7 days from the date of invoice, or within specified terms of contract, Your Car Finder shall be entitled (without prejudice to any other right or remedy it may have) to:
charge the Buyer interest on any unpaid sums (both before and after judgment) at the current statutory rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 and related secondary legislation as amended or re-enacted from time to time; and
suspend or terminate all products and services provided to the Buyer pursuant to any agreement with Your Car Finder (or any part of them) until payment has been received in full (including any interest payable pursuant to clause 6.8.1 above).
If the Buyer genuinely disputes an invoice, the Buyer must notify Your Car Finder within 24 hours of the date of invoice. If the Buyer fails to notify Your Car Finder within this time period, payment in full shall be due and Your Car Finder shall have the rights and remedies set out in clause 6.8 above.
Your Car Finder will under no circumstances be liable to refund all or any part of the Charges (including but not limited to any pre-payment) in the event of the suspension of the Services and/or cancellation or termination of the Usage Agreement (for any reason).
Your Car Finder shall have the right to change the buyers fee at any time and for any reason on not less than 30 days’ written notice to the Buyer, after which the amended Charges shall apply.
INTELLECTUAL PROPERTY RIGHTS
The Seller grants Your Car Finder a non-exclusive, irrevocable, perpetual, worldwide and royalty free licence to:
use, process, analyse, publish, reproduce, sublicense and share the Data and Materials with third parties; and
create, use and publish any derivatives of the Data and Materials or the results of any analysis of the Data and Materials for any purpose, including within other products and to share and/or sublicense the same with other customers of Your Car Finder and third parties in both aggregated and non-aggregated form.
The Seller acknowledges that in the event Your Car Finder alters the Vehicle Information provided by the Seller and/or creates or incorporates Supplemental Information to enhance the Vehicle Information then the Data shall become a work of joint copyright co-owned by the Seller and Your Car Finder. To the extent that any such joint Intellectual Property Rights are not automatically vested in Your Car Finder, the Buyer hereby assigns to Your Car Finder all such rights.
The Seller acknowledges and agrees that all trademarks, names or logos of Your Car Finder (including without limitation the trade mark “Your Car Finder”) and all Intellectual Property Rights in the Website(including the content and Your Car Finder’s database of vehicles) together with all goodwill arising out of or in connection with these, belong to Your Car Finder and/or its licensors (as appropriate) and nothing in the Usage Agreement confers on the Seller any licence or right to use the same except as expressly set out in the Usage Agreement.
The Seller warrants that it has all necessary rights, licences and consents for Your Car Finder to publish and/or use the Materials (including, for the avoidance of doubt, any Vehicle Information you have obtained from third parties) as part of an Advert, in the provision of the Services or as otherwise set out in the Usage Agreement.
Your Car Finder has no liability or responsibility of any kind for the accuracy or content of any information or any other aspect of any third party website and the inclusion of hypertext links to such websites does not imply any endorsement of the material contained on such websites or of the owners. When a Buyer accesses any other website from the Website it acknowledges and agrees that it is independent from the Website and that Your Car Finder has no control over the content or availability of that website.
Third party banner advertisements, pop-up advertisements and other virtual advertising may be experienced whilst using the Website. Such third party advertisements may not have been approved by Your Car Finder and may appear on the website without its knowledge or consent, and Your Car Finder accepts no responsibility or liability in respect of the content or display of any such third party advertisements.
Your Car Finder does not permit any links to be made to the Website without its written permission. Hypertext links to Website on non-consumer facing sites only may be made without the need for Your Car Finder’s written consent, provided there is no express or implied endorsement or sponsorship of the Seller, its commercial entity or any other website by Your Car Finder. Your Car Finder may at any time and for any reason require the user to remove any hypertext links to the Website from any website controlled by the user.
The user agrees that it will give all necessary assistance to Your Car Finder and complete all acts as may reasonably be required by Your Car Finder to enable it to protect and enforce its Intellectual Property Rights and those of its licensees against third parties.
DATA PROTECTION AND CREDIT REFERENCE CHECKS
The user and Your Car Finder warrants to the other that it shall comply with the provisions of the Data Protection Act 2018, the General Data Protection Regulations, and any amendments, updates or successors, laws and regulations to these; in so far as the Usage Agreement relates to or involves the processing of Personal Data (as defined in the Data Protection Act 2018).
The user acknowledges and agrees that in entering the Usage Agreement, Your Car Finder may carry out credit reference checks on the user and/or any individual employed or otherwise engaged by the user. Your Car Finder reserves the right, at its sole discretion, to refuse to provide any products or services to the user if in Your Car Finder’s sole opinion any credit reference results are unsatisfactory.
LIABILITY AND INDEMNITY
The user acknowledges and accepts that it is technically impossible to provide the Website and the Services free of faults, interruptions or errors and that Your Car Finder does not undertake to do so. Your Car Finder shall have no responsibility or liability arising out of or about any communications or network defects, delays or failures (whether temporary or otherwise) (a) experienced by the Buyer or any third party while accessing the Website; and/or (b) which impact on the Services.
Where Your Car Finder is transferring user information to any third party about the Services, the user acknowledges that it is technically impossible to guarantee continuity of service or corruption-free or error-free transfer. Your Car Finder’s sole liability in respect of any transfer is to liaise with the relevant third party and to re-transfer the relevant information.
From time to time, Your Car Finder will need to carry out maintenance work on its equipment and systems, and shall use its reasonable endeavours to ensure that, in doing so, reasonable notice is given where possible and minimum disruption to the Website is caused. However, the user acknowledges that Your Car Finder cannot guarantee that the Website will be continuously available. For the avoidance of doubts, no credits shall be offered to the user in respect of interruptions to the Website arising as a result of maintenance work and/or due to circumstances outside of Your Car Finder’s reasonable control.
Your Car Finder does not monitor or control and shall not be responsible for, and shall have no liability to the user and any third party in respect of:
the content of Adverts and/or Materials (including any errors or inaccuracies) posted by the user and/or any third party or the user’s rights in or to the Materials;
any vehicles or services advertised on the Website or which we send to you by email (and it is the user ’s responsibility to satisfy itself as to the quality and nature of any goods to be purchased by it using the Website);
any payment for vehicles or services advertised on the Website or which we send to you by email (and it is the user’s responsibility to satisfy itself as to the validity of any payment for vehicles sold by it using the Website); and/or
any feedback content submitted on the Website, and the user agrees that such matters are its sole responsibility.
Your Car Finder shall not be liable to the user:
for any loss or damage suffered by the user arising out of or about any total or partial failure to publish an Advert and/or for removing any Materials or Data from the Website;
for any loss or damage suffered by the user arising out of or about a failure by the user to keep safe and confidential all passwords, security identification and/or encryption details. The obligation to keep details secure includes the requirement that the Buyer only submits its details to access the Your Car Finder log in page that uses Extended Validation SSL;
for any loss or damage suffered by the user arising out of the user’s use or inability to use the Website or any action or inaction occurring as a result of using the Website(including any decisions and/or actions that the user takes based on and/or in reliance of the Your Car Finder Data);
for any loss or damage suffered by the user arising out of the supply by the user of any inaccurate, incomplete, illegible or incorrect information;
in contract, tort (including without limitation negligence), statutory duty or otherwise arising out of or about the Usage Agreement (including arising out of any Advert placed or arising out of any vehicles or services sold or purchased using the Website) for:
(a) consequential, indirect or special loss or damage;
(b) any loss of goodwill or reputation;
(c) loss of contracts, business and/or opportunity;
(d) loss of profits;
(e) loss of revenue or anticipated savings;
(f) business interruptions;
(g) loss of or corruption to data howsoever caused (including caused as a result of cyber-attacks by third parties); and/or
(h) any economic and/or other similar losses;
and in each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise; and unless a claim is brought by the user against Your Car Finder within 3 months of the date of the cause, or first in the series of causes of related events, giving rise to the claim.
Nothing in the Usage Agreement shall exclude or restrict any liability Your Car Finder may have for death or personal injury caused by its negligence, for fraudulent misrepresentation and/or for any other liability which it is not permitted to exclude by law.
Any warranties, terms or conditions of any kind (including in respect of the Website, vehicles or services advertised on the Website or in any Your Car Finder alerts and/or any data Your Car Finder provides to the user) whether express or implied, statutory or otherwise are hereby expressly excluded to the maximum extent permitted by law, including without limitation:
implied terms of satisfactory quality or fitness for purpose;
any warranty that the Your Car Finder Data is accurate or complete; and any warranty that the Your Car Finder Data does not infringe the intellectual property rights or other rights of a third party.
The user shall indemnify and keep Your Car Finder fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with any breach of the Usage Agreement by the user, any third party complaints or claims brought against Your Car Finder in respect of any Advert or Materials, any claim that the use by Your Car Finder of any Materials infringes any third party Intellectual Property Rights or other third party rights and/or any third party claim against Your Car Finder relating to the sale and/or purported sale of a vehicle by the user including where the Buyer has failed to fulfil any offer accepted by it, or relating to the purchase and/or purported purchase of a vehicle where the user has made an offer which has been accepted but not subsequently fulfilled.
Your Car Finder shall not be liable to the user and/or be deemed to be in breach of the Usage Agreement by reason of any delay in performing and/or any failure to perform its obligations under the Usage Agreement if the delay and/or failure is due to any cause beyond Your Car Finder’s reasonable control (including but not limited to any act of God, lock out or other industrial action, governmental action or restriction, war, terrorism, cyber-attack, fire, flood, infrastructure failure, power failure, strike or civil commotion, interruptions in electrical or telecommunications services or delays or failures of the internet or other communications systems necessary for the provision of the Services) and time for performance of that obligation shall be extended accordingly.
The Usage Agreement contains the entire agreement and understanding between the parties and supersedes all prior agreements, arrangements, statements and understandings between the parties relating to the subject matter of the Usage Agreement. Each party acknowledges that it has not entered the Usage Agreement in reliance upon any representation not expressly set out in the Usage Agreement and neither party shall be liable in respect of any representation made prior to and not contained in the Usage Agreement. Nothing in these Conditions shall exclude or limit Your Car Finder’s liability for fraudulent misrepresentation.
The Usage Agreement is personal to the seller, and the seller may not assign or transfer the Usage Agreement without the prior written consent of Your Car Finder. Your Car Finder reserves the right to assign or subcontract the Usage Agreement and any of its rights and obligations under the Usage Agreement to a third party.
Where two or more persons are named on the Usage Agreement as the user, their liability shall be joint and several.
Except as set out in these Conditions, no variation of the Usage Agreement shall be binding unless agreed in writing and signed by an authorised representative of Your Car Finder.
No failure or delay by Your Car Finder to exercise any right or remedy under the Usage Agreement shall constitute a waiver of that right or remedy nor shall it prevent or restrict the further exercise of that right or remedy. No single or partial exercise by Your Car Finder of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision of the Usage Agreement is found by any competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining provisions in the Usage Agreement which shall continue to be valid and enforceable fully permitted by law.
Nothing in the Usage Agreement shall confer any rights or benefits, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the Buyer and Your Car Finder.
The Usage Agreement shall be governed by and construed in accordance with English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.