|WEBSITE MEMBERSHIP TERMS
This page (together with the documents referred to on it) tells you the terms on which you may register with and/or make use of the website www.motortradeauction.com ("our site") and participate in the auctions and other services made available on it. Please read these terms carefully before you start to use our site.
By applying for registration to and/or by using our site you indicate that you accept these membership terms and that you agree to abide by them. If you do not agree to these membership terms, please refrain from using our site.
These terms apply to all users of our site.
In order to participate in the auctions and other services made available on our site, whether as a seller, buyer or otherwise, you will need to register with our site.
Buyers and sellers can register by completing the form here.
In order to register as a buyer or seller you must be a member of the motor trade industry and be resident in the UK. We will verify applications for registration to ensure you are a member of the motor trade in the UK. By applying to register as a member of our site you consent to us conducting checks to verify your identity as a member of the motor trade in the UK.
If we discover, or we have reason to believe, that you are not or have ceased to be a member of the motor trade in the UK, your application for registration/your membership will be refused/cancelled.
Only one registration per trading outlet is permitted. Each individual trading outlet forming part of a network of dealerships must have its own registration. For example, where a number of trading outlets are owned by one organisation, each trading outlet must have its own separate registration. By submitting an application for registration on behalf of a dealership, you confirm that you have the authority to bind that dealership.
We reserve the right to refuse any application for registration or revoke any registration which has been granted at our sole discretion.
If your application for registration is approved, we will email you, to the email address provided by you during the registration process. This will enable you to have access to our site using your username and password which you submitted on registration. You agree to keep and use your user name and password in accordance with the terms of our Terms and Conditions of Website Use.
If your details change after you have registered with us, you must notify us of those changes immediately.
ANNUAL MEMBERSHIP FEE
You agree that if your application for membership is approved, you will have access to our site for 30 days only.
There will be no charges during this 30 day free trial period.
After the 30 day free trial period you will be contacted to discuss your continued use of the site and should you decide to continue you will pay the Annual Membership fee of £59 plus VAT in advance giving you access to the site for 12 months from the date the fee is received.
No refunds of the Annual Membership fee or any other fees paid to us by you will be refunded in the event that you or we terminate or suspend your subscription.
We may amend the fees detailed above at any time by serving 14 days notice of such change to you at the email address you provide to us when you apply for registration.
By placing a bid for a vehicle listed on our site you are agreeing to purchase that vehicle from the seller in the event that yours is the winning bid and that any reserve has been met. You acknowledge that if you place a bid and you are the highest bidder, you will have entered into a legally binding contract with the seller of that vehicle to purchase that vehicle subject to the terms and conditions set out in this document, and the Terms and Conditions of Website Use.
When placing a bid you should enter the maximum that you would be prepared to pay for that vehicle. The system will automatically place bids up to that maximum on your behalf.
If bidding on a Commercial vehicle please assume VAT is chargeable on the final selling price unless otherwise stated in the description box.
Once placed, bids cannot be cancelled unless they were placed in error, for example, as a result of a typing error. If you wish to withdraw a bid, you must contact us and specify the reasons for the cancellation. We may (but are not obliged to do so) consider your request at our sole discretion. If, at our sole discretion, we agree that the bid should be cancelled we will cancel the bid. We reserve the right to terminate or suspend your membership if we believe these requests are excessive.
If you are the successful bidder it will be your responsibility to make payment to the buyer within 72 hours of the close of the auction. If payment is not made within 72 hours of the close of the auction the buyer shall no longer be obliged to sell the vehicle to you and may re-list the vehicle without any liability to you. If you continually fail to meet your obligations as a buyer, we may suspend or terminate your membership.
You should check any payment and/or delivery terms contained in the listing for any vehicle in respect of which you place bids. If you are the successful bidder, it will be your responsibility to comply with any such terms contained in a listing.
If you are the successful bidder for a vehicle and you fail to make payment in full to the seller within 72 hours of the close of the auction then unless your failure to pay is due to the act or default of the seller or the seller is otherwise in breach of our terms and conditions, the seller shall be entitled to re-list the vehicle without any further recourse or recompense to you. You acknowledge that failing to pay the seller within 72 hours of the close of an auction may result in your membership being suspended or terminated.
If you are the successful bidder for a vehicle and you fail to comply with any special payment and/or delivery terms which were made known to you by the seller in the listing for the vehicle in respect of which you are the highest bidder, the seller shall be entitled to re-list the vehicle without any further recourse or recompense to you. You acknowledge that failing to comply with any special delivery and/or payment terms made known to you by the seller in a vehicle listing for which you are the highest bidder may result in your membership being suspended or terminated..
If you have submitted the highest bid on a vehicle that has not reached its reserve value we may contact you and the seller to negotiate a value for this vehicle that is acceptable to you both, in which case a transaction can take place. The seller will also have the right to accept the highest bid entered for up to 72 hours from auction end.
In the event of any discrepancy between any special payment and/or delivery terms stipulated by a seller and the terms set out in these terms, these terms shall prevail.
If you have registered as a Franchised/Specialist dealer and once we have verified your details you will be given access to selling vehicles through motortradeauction.com. By listing a vehicle, you agree to pay our selling fee for that vehicle if it reaches the reserve price set by you or you accept an offer on the vehicle. The selling fee will be invoiced to you at the end of the month of sale and you will pay us by the 15th day of the following month. Failure to pay the fees by the due date could result in the suspension/termination of your membership. On registration you will be notified of the selling fee.
You should provide full and accurate details of all vehicles which you list for sale. You are also encouraged to supply photographs of such vehicles and you are entitled to display up to 6 photographs with your listing.
In order to simplify the listing process for you, we may (but are not obliged to do so) provide access via a third party, to a variety of databases which provide information about vehicles (the "Databases"). We pay a fee to the appropriate third party each time the Databases are accessed through our site. If we have reason to believe that access to the Databases is being abused or is being made for purposes other than to list vehicles for sale on our site, we reserve the right to terminate your membership and/or charge you for access you have made and/or future access to the Databases.
When listing your vehicle it is possible to set a reserve price. This is the lowest price at which you are prepared to sell the vehicle you are listing. Other users will not be able to see any reserve price which you set.
If selling a Commercial vehicle you must specify in the description box if VAT is not chargeable.
By listing a vehicle you are agreeing to sell that vehicle through our site to the highest bidder for that vehicle on our site (provided any reserve price is met).
If you have a vehicle for sale and the vehicle does not reach its reserve value we may contact you and the buyer to negotiate a value for that vehicle that is acceptable to you both in which case a transaction can take place and the fees applicable will be charged. You will also have the facility to automatically accept the highest bid for up to 72 hours from auction end and the fees applicable will be charged.
When listing a vehicle you should specify any payment and/or delivery conditions which you wish to impose on the successful bidder. The successful bidder shall not be responsible for meeting any payment and/or delivery conditions which are not specified in the vehicle listing.
By listing a vehicle, you warrant that:
1. You are the owner of and/or have authority to sell that vehicle.
2. That you are in possession of the necessary DVLA documents to record the transfer of ownership of that vehicle to any purchaser.
3. That the vehicle will not be subject to any credit arrangement by the end of the auction.
AMENDING/WITHDRAWING AN AUCTION
It is important that you check the details of all vehicles which you list on our site are entered correctly before an auction begins. Once an auction has begun, you will not be able to change the details of a listed item. If any of the details for a vehicle have not been listed correctly, any bidders for that vehicle will not be obliged to purchase that vehicle.
If you wish to withdraw an auction, you must contact us and specify the reasons for the cancellation. If, at our sole discretion, we agree that the auction should be cancelled, the listing will be cancelled. However, the selling fee will be charged if the vehicle has met its reserve value. If, at our sole discretion, we believe the number of auctions which you have requested to withdraw over the lifetime of your subscription is excessive, we reserve the right to terminate your subscription without further recourse to you.
Our site is a venue which is designed to enable sellers to list vehicles for sale and buyers to place bids for and purchase those vehicles.
We are not a seller of the goods listed for sale on our site. As such, we have no obligations in respect of items listed for sale and/or items purchased through our site.
We make no representations or warranties in respect of items listed for sale on our site and we accept no liability in respect of the same.
You may terminate your subscription by serving one month's written notice of termination on us to firstname.lastname@example.org. Upon receipt of such notice, provided you are not participating in any ongoing auctions, your membership will terminate. If you are participating in any ongoing auctions then notice of termination shall be deemed void and your subscription shall continue.
In the event that you terminate your subscription, no refund of any monies paid to us will be due.
We may terminate this agreement with immediate effect in any of the circumstances detailed in these terms and conditions, if we have reason to believe you are abusing our site and/or the services provided on it. In the event that we terminate your membership on any of the grounds listed in this paragraph we shall not be liable to you for any loss or damage you may suffer as a result of termination. Nor shall any refund of monies paid to us by you be due.
NO PARTNERSHIP OR AGENCY
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
THIRD PARTY RIGHTS
A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
CHANGES TO THESE TERMS AND CONDITIONS
Any changes we may make to these terms and conditions in the future will be posted on this page, and, where appropriate, may be notified to you by e-mail.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms are governed by English law.
TERMS OF WEBSITE USE
INFORMATION ABOUT US
www.motortradeauction.com is a site operated by Motortradeauction.com Ltd ("we", "our", "us") . We are registered in England and Wales under company number 07760839 and have our registered office at 43b Plains Road, Mapperley, Nottingham NG3 5JU. Our main trading address is 17a Cross Street, Carlton, Nottingham NG4 1QW. Our VAT number is 120 3153 77.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some part of our site, or our entire site, to users, including without limitation, users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off copies, and may download extracts, of any page(s) from our site for your personal reference only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
By submitting material to our site, you agree to grant us a non-exclusive licence to use that material. Although you will still own the copyright in your material, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute such material. This licence will be free of charge, perpetual and capable of assignment and/or sub-licence. In submitting material to our site you waive and /r undertake to procure the waiver of all moral rights arising in the relevant material. We may exercise all copyright and publicity rights in the material you submit to our site in all jurisdictions, to their fullest extent and for the full period for which any such rights exist in that material.
Please also note that, in accordance with the Content Standards, you must ensure that your contribution does not infringe any copyright, database right or trade mark of any other person. By submitting materials to our site, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to us, you must not submit the materials.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of data;
Loss of goodwill;
Wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards
To transmit, or procure the sending of, any unsolicited or unauthorised or promotional material or any other form of similar solicitation (spam).
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 designated to adversely affect the operation of any computer software or hardware.
You also agree:
Not to access without authority, interfere with, damage or disrupt:
Any part of our site;
Any equipment or network on which our site is stored;
Any software used in the provision of our site; or
Any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (contributions).
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our Membership Terms and Conditions.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 rights to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may not link to our site without our prior written permission. Our site must not be framed on any other site without our prior written permission.
We reserve the right to withdraw linking and framing permission without notice. The website from which you are linking must comply in all respects with the content standards set out in this policy.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
LINKS FROM OUR SITE
Where our site 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
From time to time we may allow third parties to advertise on our site. We do not endorse the products and/or services advertised on our site. We accept no liability for any loss or liability which may arise from third party advertisements on our site.
JURISDICTION AND APPLICABLE LAW
"www.motortradeauction.com" is a trade mark of www.motortradeauction.com Limited.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
Thank you for visiting our site.