Grand Auto - Sell a car

1. Interpretation

1.1 In these Conditions:

“ADVERTISEMENT” means any advertisement issued by the Supplier on behalf of a User and placed on the Website;

“ADVERTISER” means any party which advertises their product or service on the Website (other than the Vehicle Seller);

“DOCUMENT” includes, in addition to a document in writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form;

“INPUT MATERIAL” means any Vehicle Information or Document, or data or other information provided by the Vehicle Seller relating to the Vehicle Advertising Service;

“PERSONAL INFORMATION DATABASE” means any personal information or data held on the Supplier’s database in relation to the Vehicle Seller;

“SUPPLIER” means trading as Grand Auto;

“TERMS” means the standard terms and conditions set out in this document.

“USER” means any Vehicle Seller, Vehicle Buyer, Advertiser or other individual who uses the Website whether in a personal or corporate capacity or otherwise

“VEHICLE ADVERTISING SERVICE” means the advertising services to be provided by the Supplier for the Vehicle Seller as set out in the First Schedule;

“VEHICLE BUYER” means a person who uses the Website with a view to purchasing the vehicles for sale;

“VEHICLE DATABASE” means any information or data on the database of old vehicles provided by the Supplier;

“VEHICLE INFORMATION” means the information provided by a Vehicle Seller in relation to their vehicle;

“VEHICLE SELLER” means the person who uses the Website to place an Advertisement with a view to selling their vehicle;

“WEBSITE” means www.

1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.

1.3 References to the masculine import the feminine and neuter and references to the singular

import the plural and vice versa

1.4 Words importing persons include bodies corporate and unincorporated.

2. Supply of the Vehicle Advertising Service

2.1 The Supplier shall provide the Vehicle Advertising Service to the Vehicle Seller and Vehicle Buyer subject to these Terms. Any changes or additions to these Terms must be agreed in writing by the Supplier.

2.2 The Vehicle Seller shall at its own expense provide the Supplier with all necessary Vehicle Information and Documents or other materials, and all necessary data or other information relating to the Vehicle Advertising Service.

2.3 The Supplier will endeavour to place the Advertisement on the Website within 24 hours of receipt of the Vehicle Information from the Vehicle Seller but the Supplier makes no warranty regarding this and will accept no liability to the Vehicle Seller should the Advertisement not be placed on the Website within the 24 hour period (and for the avoidance of doubt, the Supplier reserves the right not to place, or to withdraw, any Advertisement on the Website without any liability to the Vehicle Seller).

2.4 The Vehicle Seller shall ensure the accuracy of all Input Material.

2.5 The Supplier shall have no liability for any such loss or damage of the Input Material, however caused.

2.6 Further details about the Vehicle Advertising Service may be made available on written request.

2.7 The Supplier may correct any typographical or other errors or omissions in any Input Information provided to the Supplier without any liability to the Vehicle Seller.

2.8 The Supplier may at any time without notifying the Vehicle Seller make any changes to the Vehicle Advertising Service which are necessary to comply with any regulatory or other statutory requirements, or which do not materially affect the nature or quality of the Vehicle Advertising Service.

2.9 The Supplier will hold personal information regarding the Vehicle Seller on the Personal Database. The Supplier will hold the information on the Personal Information Database subject to data protection rules under the Data Protection Act 1998.

2.10 The Vehicle Seller accepts that the Supplier will not be liable for failure to provide the Vehicle Advertising Service as a result of circumstances beyond its reasonable control.

2.11 The Supplier reserves the right to refuse to publish, distribute or forward and to remove any Vehicle Seller information or Input Material stored or saved on the Website or the Personal Information Database where it appears illegal, immoral, obscene or offensive or where necessary for the Supplier to comply with any statutory or regulatory requirement.

3. Rights in Input Material and Output Material

3.1 The property and any copyright or other intellectual property rights in any Input Material shall belong to the Vehicle Seller subject only to the right of the Supplier to use the Input Material for the purposes of providing the Vehicle Advertising Service.

3.2 The Vehicle Seller warrants that any Input Material and its use by the Supplier for the purpose of providing the Vehicle Advertising Service will not infringe the copyright or other rights of any third party, and the Vehicle Seller shall indemnify the Supplier against any loss, damages, costs, expenses or other claims arising from any such infringement.

4. Use of Website

4.1 The User undertakes:

4.1.1 that it will only use the Website for its own private purpose;

4.1.2 that it shall not use, alter or interfere with the Web Site other than as expressly permitted in these Terms and without limitation it shall not authorise any third party to perform any actions or authorise any third party to perform any actions which could interrupt, reproduce, store, retransmit, publish, damage, render less efficient, corrupt or in anyway alter the Website;

4.1.3 that it shall not use the Web Site to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of the Supplier;

4.1.4 that in the event it has any complaint, right, claim, or action against any other User or other third party arising out of the use of the Web Site it shall notify the Supplier of such complaint, right, claim and/or action but shall pursue such complaint, right, claim or action independently of and without recourse to the Supplier unless the Supplier requests the user to do otherwise do so;

4.1.5 to indemnify and keep indemnified the Supplier against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own Vehicle Buyer basis) arising out of any breach or misuse of the Web Site and/or of the User's obligations under these Terms.

5. Website Liability

5.1 The Supplier provides the Web Site on an "as is" basis and makes no warranty or representation about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose. Without limitation, Input Material has not been checked by the Supplier and any information submitted or any reliance placed on the Input Material is entirely at the risk of the User.

5.2 Further, the Supplier makes no warranty or representation about; (a) the reliability or technical efficiency of the Web Site; (b) the security measures (if any) contained in the Web Site and in particular the protection afforded to any Advertisement or other information and data; (c) the suitability of the Web Site or any of the web sites which may be accessible from the Web Site.

5.3 The Supplier excludes all liability (so far as is permitted by law) including without limitation in respect of; (a) any material, data or web sites which can be accessed from the Web Site and any reliance which is placed on the same; (b) any opinions and expressions made by third parties which can be accessed via the Web Site or which are contained in the Website; (c) any damage to the User, third parties, the Users' computer hardware, software or other material or equipment resulting from the User accessing or using the Web Site.

5.4 Without limitation, in the event the Supplier is found liable herein, the parties agree that its total liability shall not exceed one hundred pounds or the total value of any monies paid by the claimant to Supplier in respect of the Web Site (whichever is the greater).

6. Warranties and Liability

6.1 Except in respect of death or personal injury caused by the Supplier’s negligence, or as expressly provided in these Terms, the Supplier shall not be liable to the User by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Vehicle Advertising Service or the use of the Website use by the User, and the entire liability of the Supplier shall not exceed the amount any sums paid by the User to the Supplier for the provision of the Vehicle Advertising Service, except as expressly provided in these Terms.

6.2 The Supplier shall have no liability to any User for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Vehicle Seller which are incomplete, incorrect, inaccurate, illegible, in the wrong form, or any other fault of the Vehicle Seller.

6.3 The Supplier shall not be liable to the Vehicle Seller for:

6.3.1 loss of any Vehicle Information or Input Material any other material stored or saved on the Website by the Vehicle Seller;

6.3.2 for the Vehicle Seller failing to secure a sale of their vehicle;

6.3.3 any delay, costs, expenses, loss, damage (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of the Supplier or as a result of the acts or omissions of the Vehicle Seller.

6.4 The Supplier shall have no liability to any User for any loss, damage, costs, expenses or other claims for compensation arising from information on the Vehicle Database which is incomplete, incorrect or inaccurate.

6.5 The Supplier shall not be liable to the Vehicle Buyer for any loss, damage, costs, expenses or other claims for compensation arising from their reliance on any Advertisement on the Website. The Vehicle Buyer relies on the Vehicle Information and Input Material on the Website entirely at their own risk and the Supplier shall not be liable if the Vehicle Information and Input Material is incomplete, incorrect or inaccurate.

6.6 The Supplier shall not be liable to the Vehicle Seller by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Vehicle Advertising Service, if the delay or failure was due to any cause beyond the Supplier’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Supplier’s reasonable control:

6.6.1 Act of God, explosion, flood, tempest, fire or accident;

6.6.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;

6.6.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

6.6.4 Strikes, lock-outs or other industrial actions or trade disputes (whether involving the Supplier or a third party);

6.6.5 Difficulties in obtaining labour, parts or machinery;

6.6.6 Power failure or breakdown in machinery.

7. Vehicle Seller Information

7.1 If the Vehicle Seller has saved or stored Vehicle Information and other Input Material on the Website the following shall apply:

7.1.1 The Vehicle Seller warrants that the Vehicle Information and Input Material is true and accurate in all respects

7.1.2 The Vehicle Seller warrants that the personal information provided to the Supplier to be held on the Personal Information Database is true and accurate in all respects

7.1.3 Should any of the Vehicle Information or Input Material stored or saved on the Website be found to be false, misleading, inaccurate, illegal, obscene or offensive the Supplier reserves the right to remove the Vehicle Information from the Website and suspend or restrict the Vehicle Seller’s access to the Website

7.1.4 The Supplier shall not guarantee the minimum number of times the Advertisement will be viewed by Vehicle Buyers or other Users

7.2 The Vehicle Seller’s personal information will held on the Personal Information Database in line with the provisions of clause 2.9 herein.

8. General

8.1 These Conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

8.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice

8.3 No failure or delay by either party in exercising any of its rights under these Terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

8.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

8.5 Any dispute arising under or in connection with these Terms or the provision of the Vehicle Advertising Service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of The Law Society of England and Wales.