Last updated: 11th March 2024.
These terms & conditions apply to your receipt of services that Quality Used Motors makes available. They are made up of two parts:
- Part 1 (“Web Terms & Conditions“) applies in respect of your use of a website that is operated by Quality Used Motors.
- Part 2 (“General Terms & Conditions“) applies generally to the terms set out in Parts 1
Please read the relevant section of these terms & conditions carefully. Unless otherwise stated, your agreement is with Quality Used Motors (“Quality Used Motors” or “https://QualityUsedMotors.co.uk” or “we/us” as applicable), a private company registered in England.
PART 1: WEBSITE TERMS AND CONDITIONS OF USE
1. Introduction
1.1. Subject to clause 1.2, this website is operated by Quality Used Motors, and your use of the Website is subject to these Web Terms & Conditions, which you are deemed to accept by using the Website. If you do not agree to these terms you must not use the Website.
1.2. Please read our Privacy Notice and our Cookie Policy in conjunction with these Web Terms & Conditions.
1.3. Quality Used Motors reserves the right to vary these Web Terms & Conditions from time to time. Such variations become effective immediately upon the posting of the varied Web Terms & Conditions on the Website. By continuing to use the Website you will be deemed to accept such variations. You should therefore check the Website from time to time to review the latest Web Terms & Conditions. You may also print a copy of these Web Terms & Conditions for your records. These Web Terms & Conditions were last updated on 11th March 2024.
1.5. Where indicated, additional terms shall apply:
1.5.1. to any purchases you make through the Website (see our Subscription Terms & Conditions here);
1.5.2. to any promotion that you enter through the Website (see our Promotion Terms & Conditions here); and
1.5.3. to any other services that you purchase and/or which are made available to you through the Website, such as bookings that you make through the Website or your purchase of advertising space on the Website.
2. Intellectual Property Rights
The copyright and all other rights in the material on the Website, including all information, music, images, photographs, videos and other content displayed on and/or made available through the Website (“Materials“) are owned by Quality Used Motors or are licensed to Quality Used Motors from the relevant owner or licensor of the rights. You may download a single copy of the Materials on a single computer for your own private use only. The Materials may be printed out for the sole purpose of enabling the person printing the Materials to retain a copy for their own personal records. No copying, distribution or other use of the Materials for any commercial or business purposes is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the Materials is permitted without our prior written consent, except as may be reasonably necessary to use the Website in good faith. Your use of the Materials shall at all times be subject to you acknowledging our status (or that of any identified contributors) as the right-holder of the Materials. You must not use any Materials in any manner that may infringe any of our rights or the rights of a third party, or use the Materials in any way that may be illegal or breach these Web Terms & Conditions. All rights in Materials on the Website are reserved to Quality Used Motors.
3. Acceptable and prohibited use
3.1. You agree not to use (including linking and/or uploading content to) the Website:
- to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website except where expressly permitted on the Website;
- to disseminate advertisements on the Website or use the Website for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);
- to place links on the Website where those links take users to unlawful material or material that contravenes these Web Terms & Conditions;
- to transmit or re-circulate any material obtained from the Website to any third party except where expressly permitted on the Website;
- in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Web Terms & Conditions;
- to disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
- to disseminate any material which compromises the privacy or security of anyone other than yourself (in particular, you shall ensure that you have any and all necessary consents of any individual featured in any content giving permission for his/her image and/or voice to be used in accordance with the permissions that you grant to us in respect of your content);
- to disseminate any material which does or may bring Quality Used Motors or any of its brands or subsidiaries into dispute or in any way damage their reputation;
- to disseminate any material where the use of the material by Quality Used Motors, or any third party licensed or permitted by Quality Used Motors, will give rise to any third party claims; and/or
- to post link(s) that take users to material that contravenes any of the above restrictions.
3.2 In addition to the above, you shall not conduct, facilitate, authorise or permit any text or data mining or ‘screen scraping’ in relation to our Website or any services provided via, or in relation to, our Website without our express written consent. This includes using (or permitting, authorising or attempting the use of):
- any “robot”, “bot”, “spider”, “scraper” or other automated algorithm, code, device, program, tool, method, system, software, methodology or manual process to access, use, search, copy, monitor or extract any Material or any portion of the Website (in whole or in part) accessed via the Website; and
- any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
3.3 The provisions in clause 3.2 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790) to the extent that you are a user based in the European Economic Area.
4. User Generated Content
4.1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:
4.1.1. grant Quality Used Motors a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use such content and all material embodied therein in all media now known or hereafter invented for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the Website;
4.1.2. warrant to Quality Used Motors that all such content complies with the provisions of Clause 3 of these Web Terms & Conditions (as applicable), and you agree to be liable to us and indemnify us in respect of any loss or damage that is suffered as a result your breach of this warranty;
4.1.3. acknowledge that Quality Used Motors may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from Quality Used Motors; and
4.1.4. give Quality Used Motors the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
4.2. Quality Used Motors reserves the right (but not the obligation) at its sole discretion and at any time to refuse, review, edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, Quality Used Motors may decide not to review the materials that you or anyone else posts to the Website and, therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that Quality Used Motors is aware of it. If you object to the publication of any material placed on the Website please contact Quality Used Motors using the contact details shown in our Privacy Notice and we will take whatever action we deem appropriate.
4.3. Quality Used Motors accepts no responsibility for any statements, material or other submissions placed on the Website by you or any third party, or for any loss or damage resulting from your breach of these Web Terms & Conditions. You are solely responsible for securing and backing up your content.
4.4. If you wish to complain about content uploaded by other users, please contact us by sending an email to info@QualityUsedMotors.co.uk.
5. Use of Software
Copyright in any software that is made available to you by Quality Used Motors via the Website or otherwise belongs to Quality Used Motors or its licensors. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.
6. Linking to the Websites
6.1. You may link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Such linkage is also subject to the following conditions:
6.1.1. you do not replicate the pages of the Website;
6.1.2. you do not create a frame or any other browser or border environment around the Website;
6.1.3. you do not in any way imply any association, approval or endorsement by Quality Used Motors (other than with its written consent), or misrepresent your relationship with Quality Used Motors;
6.1.4. you do not use any logos or trade marks displayed on the Website without the express written permission of Quality Used Motors;
6.1.5. you do not link from a website that is not owned by you;
6.1.6. your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;
6.1.7. you agree that any link that you make to the Website is subject to the applicable acceptable and prohibited use terms set out in Clause 3 of these Web Terms & Conditions; and
6.2. You acknowledge that we reserve the right to withdraw linking permission by amending these Website Terms & Conditions. You agree to immediately remove any link that you have made to the Website on written request by Quality Used Motors to you.
7. Trade Marks
7.1. As between you and Quality Used Motors, all trade marks (whether registered or unregistered) and domain names, graphics, logos, designs, page headers and button icons used in connection with the Website are the intellectual property rights of Quality Used Motors and neither they nor any confusingly similar versions may be used by you (including, but not limited to, as part of any trade mark and/or domain name) without the prior written consent of Quality Used Motors (other than for the sole purpose of referring to Quality Used Motors lawfully and in good faith). You shall not be entitled to use such trade marks or domain names, except where expressly permitted to do so by these Website Terms & Conditions.
8. Registration
8.1. To access certain parts of the Website, Quality Used Motors may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. Where you register you also agree to:
8.1.1. provide accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data“); and
8.1.2. maintain and promptly update the Registration Data to keep it fully up to date.
8.2. Where you provide information (including sensitive financial or personal information) to Quality Used Motors (whether directly through the Website or otherwise), you accept that no system or method of communication is 100% secure. Where sensitive financial information is provided to Quality Used Motors, encryption software is used to attempt to prevent unauthorised access to this information. However, Quality Used Motors does not accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of Quality Used Motors or its officers, or any liabilities that cannot, as a matter of law, be excluded) arising from the misuse or loss of data or information submitted by you to Quality Used Motors. The provision of personal information by you and use of it by Quality Used Motors is subject to Quality Used Motors’s Privacy Notice.
8.3. Where you register on the Website, you will be allocated a user name and password. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree:
8.3.1. to maintain the confidentiality and security of your user name and password and be fully responsible for all use of the Website made using your user name and password, and that we shall be entitled to assume that any person logging into the Website using your username and password is either you or someone doing so with your permission;
8.3.2. to immediately notify Quality Used Motors if you become aware of any unauthorised use of your username and password or any other breach of security by sending an appropriately worded email to the contact details shown in our Privacy Notice;
8.3.3. to ensure that you log out of your Website account at the end of each session; and
8.3.4. that, to the extent permitted by law, Quality Used Motors shall not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
8.4. By registering or subscribing you accept that we may monitor individuals site usage; this information will be used to ensure appropriate use of the site and to inform product offerings and development. Where such monitoring involves our processing of your Personal Data, such monitoring is subject to our Privacy Notice.
9. Disclaimer
9.1. Whilst Quality Used Motors endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause. You acknowledge that we cannot guarantee that the Website will stay the same, be compatible with all or any hardware or software which you may use, or be available all the time or at any specific time.
9.2. You acknowledge that whilst Quality Used Motors endeavours to ensure that information (including the Materials) on the Website and any related material provided to you by Quality Used Motors, whether by email or otherwise (“Quality Used Motors Materials“) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Quality Used Motors. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of Quality Used Motors and that the Quality Used Motors Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.
9.3. You acknowledge that some of the content may be supplied by third parties and/or may be user generated and the accuracy and completeness of it will not have been checked by Quality Used Motors. No liability shall be accepted by Quality Used Motors for any inaccuracy or omission in the information provided on the Website or the Quality Used Motors Materials.
9.4. All implied warranties in respect of the Website and/or the Quality Used Motors Materials, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy, are excluded from these Web Terms & Conditions to the extent that they may be excluded as a matter of law.
9.5. Quality Used Motors will use reasonable endeavours to ensure that the Website and the Quality Used Motors Materials do not contain or promulgate any viruses or other malicious code. However, you acknowledge that Quality Used Motors cannot guarantee that the Website will be free from the same and it is recommended that you maintain adequate anti-virus and anti-malware software that can check for the presence of viruses and other malicious code. Quality Used Motors excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by viruses or other malicious code originating or contracted from the Website or the Quality Used Motors Materials.
9.6. Quality Used Motors will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from your use of the content.
9.7. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Quality Used Motors has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Quality Used Motors therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please note that Quality Used Motors gives no warranty that links to third party sites on the Website shall be marked as such.
9.8. The Website may contain links to third party websites where you may purchase items. You acknowledge that when making a purchase from a third party website you enter into a contract with that third party at your own risk and Quality Used Motors will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that Quality Used Motors are responsible for their conduct or any contracts that you enter into with them.
9.9. The Website may from time to time contain advertising and sponsorship. Quality Used Motors is not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, Quality Used Motors can provide no warranty that it will not take advertisements or sponsorship from your competitors.
10. Suspension of access to the Website and User Indemnities
10.1. If, for any reason, Quality Used Motors believes that you have not complied with any of these Web Terms & Conditions it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
10.2. Without prejudice to the provisions of Clause 10.1, to the extent that you are in breach of these Web Terms & Conditions, you agree to compensate Quality Used Motors in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from any use by you of the Website and/or the Quality Used Motors Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3 of these Web Terms & Conditions.
PART 2: GENERAL TERMS AND CONDITIONS
1. General
1.1. The Web Terms & Conditions, together with these General Terms & Conditions (the “Terms & Conditions”) constitute the entire agreement between the parties in respect of their subject matter, and they take precedence over any other agreement or contract between the parties, including any terms and conditions you may have tried to impose on us.
2. Quality Used Motors’s liability to you
2.1. This clause sets out the full extent of Quality Used Motors’s liability in respect of the Terms & Conditions.
2.2. Quality Used Motors will not be liable to you for any loss or damage caused by Quality Used Motors or its employees or sub-contractors in circumstances:
2.2.1. where there is no breach of a legal duty of care owed to you by Quality Used Motors (or its employees or sub-contractors); or
2.2.2. where such loss or damage is not a reasonably foreseeable result of any such breach; or 2.2.3. in respect of any increase in the loss or damage resulting from your actions.
2.3. Nothing in these Web Terms & Conditions shall exclude or limit Quality Used Motors’s liability for:
2.3.1. death or personal injury caused by the negligence of Quality Used Motors and/or its employees negligence; or
2.3.2. fraudulent misrepresentation by Quality Used Motors and/or its employees;
2.3.3. any liability that cannot be excluded by law.
2.4. Where you do not contract as a consumer and to the extent permitted at law, you irrevocably and unconditionally waive any right or remedy you may have to claim damages and/or to rescind the Terms & Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in the Terms & Conditions.
2.5. Where you do not contract as a consumer and to the extent permitted at law, Quality Used Motors shall not be liable, whether in contract, tort (including negligence) statutory duty or otherwise under, or in connection with, your subscription (if applicable) and/or the Terms & Conditions for (i) any loss of contract, business opportunity, revenue, profit, savings, goodwill, or data; (ii) any business interruption; or (iii) any indirect or consequential of any kind.
2.6. Subject to Clause 2.5, Quality Used Motors’s maximum liability arising under or in connection with your subscription and/or the Subscription Terms & Conditions (whether arising in contract, tort (including negligence) statutory duty or otherwise) shall, in respect of each subscription and each Subscription Year, be limited to the sums paid for the relevant subscription in respect of the relevant Subscription Year. “Subscription Year” means the Initial Period or the relevant Renewal Period.
2.7. Unless and to the extent prohibited by applicable law, any other liability of Quality Used Motors arising under or in connection with the Terms & Conditions (whether arising in contract, tort (including negligence) statutory duty or otherwise) shall be as follows:
2.7.1. in respect of services that are provided at no cost to you, including your use of the Website and any Promotion, Quality Used Motors shall have no liability to you unless and to the extent that such an exclusion is prohibited by applicable law; and
2.7.2. in respect of services that are provided for fees payable by you to Quality Used Motors, Quality Used Motors’s maximum liability in respect of each calendar year shall be limited to an amount equivalent to the fees that were paid by you for the relevant services in respect of the relevant calendar year.
3. Governing Law
3.1. The Terms & Conditions shall be governed by, and construed in accordance with, English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with them. Notwithstanding the foregoing, if you are a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and, if you are a consumer and a resident of Scotland, you may also bring proceedings in Scotland.
4. Miscellaneous
4.1. Headings used in the Terms & Conditions are for convenience only and will have no legal meaning or affect.
4.2. No delay or indulgence by Quality Used Motors in enforcing the provisions of the Terms & Conditions shall affect Quality Used Motors’s rights under them nor shall any waiver of Quality Used Motors’s rights operate as a waiver of any subsequent breach.
4.3. No right, power or remedy conferred upon or reserved for Quality Used Motors is exclusive of any other right, power or remedy available to Quality Used Motors provided either under the Terms & Conditions or as a matter of law, and each such right, power or remedy shall be cumulative.
4.4. You may not assign, sub-license or otherwise transfer any of your rights or obligations under the Terms & Conditions.
4.5. If any provision of the Terms & Conditions is found to be invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of the Terms & Conditions, which shall remain valid and enforceable.
