TERMS OF USE

Introduction

These terms and conditions of use (“Terms of Use”) apply to this website and any other associated websites owned and operated by Cox Automotive UK 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 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  However, if any of the content on the Site is out of date at any given time, we are under no obligation to update it. 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.

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 buyerservices@manheim.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 Cox Automotive UK 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 Cox Automotive UK 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. 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.

8.7 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you via our auction facilities, which will be set out in our standard terms and conditions for auction sales.

9. UPLOADING CONTENT TO OUR SITE

9.1 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.  

9.2 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.

9.3 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. 

9.4 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.

9.5 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.

9.6 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.

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

10. VIRUSES

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

10.2 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.

10.3 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.

11. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

11.1 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

ACCEPTABLE USE

This website and software applications availability and acceptable use policy (“AU Policy”) sets out the terms between you and us, being Cox Automotive UK Limited and any of its subsidiary companies (also referred to in this AU Policy as “we”, “us” and “our”) under which you may access:

A. this website and any other associated websites owned and operated by us (together being the “Site”); 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.

Your use of any/all Digital Software Application that we may make available means that you accept, and agree to abide by, the terms of this AU Policy, which supplement our Website Terms of Use.

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.

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. Subject to our Privacy Policy you consent to our collection, processing, holding and use of location data.

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:

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

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 with the advertisers of vehicles (“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. 

6.2 Failure to comply with this AU Policy constitutes a material breach of our Website Terms of Use upon which you are permitted to use any/all of the Digital Software Applications, 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 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. General

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.     

VEHICLE INSPECTION AND COLLECTION

1.       By using this portal to book your Inspection date you agree to;

1.1   Be available on the booked date to facilitate the inspection and collection of your vehicle

1.2   Ensure the vehicle is in a roadworthy condition in order for the vehicle to be lawfully driven away by use of the UK road Network as governed by the laws of the UK.

1.3   There should be sufficient fuel to allow the vehicle to be removed (fuel reserve warning light should not be illuminated) In the case of an electric vehicle the vehicle should be fully charged.

1.4   If the vehicle has any of the following defects below we will NOT be able to drive it away and you may incur an abort charge; Flat battery, Illegal tyres (Cut, below legal limit etc.),  No valid MOT (Certificate should be shown to the inspector),  Chipped or cracked windscreens within the drivers line of vision,   Engine management warning light Illuminated.

1.5   If you need to change your collection date this should be CARRIED OUT By 12.00 pm on the preceding working day to avoid paying a cancellation fee

1.6   Ensure the vehicle is cleaned in preparation for its inspection

1.7   Provide the Inspector with all the vehicle documentation including service book, V5 Certificate and current MOT Certificate (as applicable).

1.8   Ensure the vehicle is accessible and that the Inspector has access to the vehicle from at least 2 metres distance of every panel.

1.9   Ensure the Spare Keys, Spare Wheel and Wheel Bolt Key or tyre inflation kit are with the vehicle (where applicable)

1.10           Should your vehicle be an Plug In electric vehicle all charging cables and associated accessories are handed over with the vehicle at the point of Inspection

1.11           Any Navigation systems fitted should have the associated discs and / or Media Data cards available to be handed over at the point of Inspection

2.       Vehicle Inspection standards

2.1 The vehicle will be inspected in line with the standards set out by the British Vehicle Rental and Leasing Association Fair Wear and Tear Guide