Terms & conditions

Definitions

“the Company” means Eastway Distribution Ltd T/A MyVehicle.ie

“Company’s Privacy Policy Statement” means the Privacy Statement which sets forth the current privacy practices with regard to the information the Company collects when you or your computer interacts with the Site.

“the Content” means copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos and/or graphics contained in the Site.

“the Customer” means you or any other person or entity using the Service, or, in the case of “the Trade Customer”, means the customer or business named in the MyVehicle.ie Trade User Application applying to receive the Service.

“the Materials” means the information stored on the Site including, inter alia, any report produced by the Company in providing the Service to a Customer whether in electronic or written form.

“the Service” means the product provided by the Company to the Customer and which includes a vehicle data check.

“the Site” means www.myvehicle.ie

“the Terms” means the terms and conditions set out herein


1. GENERAL

By using the Site, you (as the Customer or Trade Customer) agree to be bound by all of the Terms and conditions contained herein. If you do not agree to all the Terms and conditions, then you should immediately cease all usage of the Site. The Company reserves the right, at any time, to modify, alter, or update the Terms and conditions without prior notice. Modifications shall become effective immediately upon being posted at the Site. You are advised to periodically check these terms and conditions for any revisions and/or amendments to the Terms. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms (including any modifications or amendments thereto). Except as provided in this paragraph, the Terms may not be amended.

You must be over the age of eighteen years to use this Service and by entering into a contract with the Company for the provision of the Service, you are warranting that you are over the age of eighteen years.

You warrant that you are either the owner of the vehicle or are genuinely interested in purchasing the vehicle for which you are engaging the Company to provide the Service.

Both you and the Company agree that you are entering into this contract in good faith

In the case of The Trade Customer you warrant that you have legal capacity to enter into a contract with the Company for the provision of the Service and that you have the power, pursuant to the Memorandum and Articles of Association of your company (where still applicable pursuant to the provisions of the Companies Act 2014) to enter into the Contract.

Both the Trade Customer and the Company agree that they are entering into this contract in good faith.


2. CONTENT

All trademarks, names, and logos are the proprietary marks of MyVehicle.ie and VMS or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license or right under any trademarks, names or logos.

Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website.

In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.


3. COPYRIGHT

All rights, including copyright, in the content of these web pages and all database rights in our database of properties, are owned or controlled for these purposes by us.

All trademarks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license or right under any trademarks, names or logos.

Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website.

In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.


4. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the 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 a copy, and may download extracts, of any page(s) from the Site for authorised purposes.

You must not modify the paper or digital copies of any Content 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. You hereby acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.

The Service Provider offers you access to the Site and to the Content available on the Site solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Site, Content or Services. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorised manner.

If you print off, copy or download any part of the Site in breach of these Terms, 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.


5. MODIFICATIONS AND INTERRUPTION TO SERVICE AND ACCESS

The Company reserves the right to modify or discontinue the Service with or without notice to you. The Company shall not be liable to you should the Company exercise its right to modify or discontinue the Service. You acknowledge and accept that the Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of the Company’s control.

For the avoidance of doubt the Company may suspend, limit or terminate your access to the Service, without notice, at any time for any reason whatsoever, including without limitation violation of the Terms.

In the case of the Trade Customer you agree that any violation of the Terms may result in immediate closure of the Trade User Account, at the discretion of the Company, with or without reimbursement of any balance on the MyVehicle Trade User Account, at the discretion of the Company. In the case of the MyVehicle Trade User Account the Company may provide you with a username and temporary password to access this Account. It is your sole responsibility to safeguard the security of your password, and you agree that you will change the temporary password to a unique password promptly upon issuance, and periodically change your password thereafter to ensure security. You agree that you will not use the Account of another person without permission and will provide accurate and complete information to the Company in all circumstances. You expressly acknowledge and agree that such use is made in accordance with the Terms.


6. THIRD-PARTY SITES

The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and the Company is not responsible therein. The Company encourages you to review the privacy policies of third-parties’ sites.

In the case of vehicles which originated in Japan or which have vehicle history in Japan (“Japanese Imports”) the report may provide a link to a third party site which provides a Japanese vehicle data check. The Company is not responsible for the availability of, or the content located on or through, any third-party site including any site which provides any Japanese vehicle data. You should always verify the vehicle make and model and any other identifying vehicle attributes with any third party site before proceeding to purchase vehicle data from that site.


7. VIRUSES, HACKING, SCRAPING, WEB HARVESTING, DATA MINING, UNLAWFUL / UNAUTORISED USE AND OTHER OFFENCES

You must not misuse the Site by using the searching facility for any other purpose than consulting vehicle records reports for reference purposes only.

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 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. 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.

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 the Site or to your downloading of any material posted on it, or on any website linked to it.

The Company retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at the Company’s discretion.


8. DESCRIPTION OF SERVICE

The Company is providing to you the Service. It is strictly a matter for you to provide

  1. all equipment necessary for your own Internet connection, including computer and modem, and
  2. your own access to the Internet, and
  3. payment of any fees arising from such connection.

9. DISCLAIMER OF WARRANTIES

The Site is provided by the Company on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service, the Content or the Materials in terms of its correctness, accuracy, reliability, or otherwise.

The Company shall have no liability for any interruptions in the use of the Site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. The Company does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful elements. If as a result of your use of the Site or it’s Content, there is a need for servicing or replacing equipment or data, the Company assumes no responsibility whatsoever for those costs.


10. DISCLAIMER REGARDING ACCURACY OF INFORMATION

While the Company attempts to ensure that the information on the Site and contained in any report is accurate, the Company makes no representations or warranties as to the accuracy or reliability of any information provided on the Site or in any report and shall not be responsible for any error or omission in the information supplied to you.

The Content and Site is updated from time to time. However, we hereby exclude any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of the Content, the Services, the Site or any of its contents, including (but not limited) to any non-fraudulent representations contained within the Site, the Content or the Services.

Your use of the Site will be at your own risk and we will not be liable for any direct or indirect damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the Site, or any of the Content and Services, or from any action or omission taken as a result of using the Site or any such Content or Services. Furthermore, we will not be liable for any typographical or other error or omission within the material contained on the Site. We exclude any liability in respect of the Site, the Content and the Services to the fullest extent in this regard.

You are advised that some of the information upon which the reports produced by the Company are based, rely on information provided to the Company submitted by third parties to the Service Provider (some of which is provided on a periodic basis with the result that some reports may not include recently filed or registered information) and we accept no responsibility for the content or accuracy of such material nor do we make any representations by virtue of the Content, the Site or the Services in respect of the guaranteed availability of any services.The Company shall not be liable in respect of such inaccuracy or loss arising there from. In particular, you are advised that certain information regarding the current and previous status of the vehicle contained in the Car History Check may have changed or altered prior to that date of the report and as such the report may not reveal same.

This Site contains material in the form of information or representations submitted by third parties to the Service Provider (some of which is provided on a periodic basis with the result that some reports may not include recently filed or registered information) and we accept no responsibility for the content or accuracy of such material nor do we make any representations by virtue of the Content, the Site or the Services in respect of the guaranteed availability of any services.

This Site contains certain information regarding the current and previous status of vehicles contained in the MyVehicle.ie database and will only show a vehicle’s status for the previous two years. If the status of a vehicle has changed or altered prior to the commencement of this period, then the report may not reveal the same in this regard.

We make no warranty that the Content, the Site or the Services are free from infection by viruses or anything else which has contaminating or destructive properties and we hereby exclude all liability howsoever arising in respect thereof.

The Site, the Content and the Services are provided on an “as is” basis. Under no circumstances does the Service Provider warrant the accuracy of the information contained on its or any other database.

The Irish Vehicle Check and UK vehicle Check services do not relate to, contain information on or purport to comment on:

  1. the physical condition of any vehicle;
  2. the roadworthiness or safety of any vehicle;
  3. whether or not a vehicle has been “written off”, unless such vehicle was reported to the Department of Transport as a write off or written off by an insurance company and such information has been provided to the Service Provider by such insurance company;
  4. whether a vehicle or any of its components have been altered or replaced, unless notification of same has been provided to an insurance company or other body which provides information to us; or
  5. whether any vehicle is a “clone” bearing a false vehicle registration mark and vehicle identification number.

Accordingly, in addition to all other aspects, you must satisfy yourself in respect of the above mentioned aspects of any vehicle(s) you intend to or in fact purchase.

Irish Vehicle Check, UK Vehicle Check, Irish Finance Check, Irish Finance Check, Vehicle Valuation Check and Buying Advice services do not provide you with (and you shall not receive) any advice or recommendation from us in relation to a specific vehicle which you intend to or in fact purchase. Any part of the Services should be used by you as a tool to assist you in buying (or not buying) a particular vehicle. The final decision will always rest with you and the Service Provider does not make any warranties or representations in respect of any information, report or statement generated by the Site or the Services.

All liability is excluded to the fullest extent permitted by applicable law including any implied terms as to the content of this Site. Such content is provided “as is”, without warranties of any kind. We reserve the right to change any and all content of the Site at any time.


11. NO LIABILITY

The Company shall not be liable for any damages whatsoever for the material displayed on the 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:

  1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  2. any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits or contracts;
  4. loss of anticipated savings;
  5. loss of data;
  6. loss of goodwill;
  7. 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.

Notwithstanding the foregoing, nothing in these Terms is intended to limit your statutory rights as a consumer in the ROI, nor does this affect our liability for death or personal injury arising from our negligence (save as negligence induced by a member organisation), nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


12. INDEMNIFICATION

We disclaim all liability and responsibility arising from any reliance placed on the Content and Services by any User of the Site, or by anyone who may be informed by any of the same.

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of your use of the Site the Content or the Materials, the violation of these Terms, or the infringement by you, or any other user of the Site using your computer or computer systems or hardware of any intellectual property rights of any third party.


13. RELIANCE ON INFORMATION POSTED

You hereby agree to indemnify, to keep indemnified and to hold the Service Provider, its parent companies, subsidiaries, affiliates, officers,employees internal contractors and external contractors harmless to any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of your use of the Site, Content, Services, violation of the Terms, or the infringement by you, or any other user of the Site.


14. MILEAGE

The Company seeks to provide our customers with the best service possible and as part of that service we look to obtain as many mileage readings as we can.

The Company does not hold nor does it warrant that it does hold a database of odometer readings for all vehicles and accordingly it will only be able to provide a report in relation to an odometer reading for a particular vehicle if that vehicle’s odometer reading is already on the company's database.

The Company will note on the vehicle report if the submitted odometer reading is lower than the reading already on the Company’s database for the vehicle requested and, if that be the case, advise you to make a further enquiry.

Under no circumstances does the Company warrant the accuracy of the information contained on its mileage database. This disclaimer is in addition to (and not instead of) the terms of Clause 9 of these terms.

Mileage readings are being added from different sources on a regular basis and the Company takes no responsibility and assumes no liability for adding a record after a check was carried out. The Company can only check its database to confirm an odometer reading if you first enter the current mileage reading on the vehicle’s odometer onto the Company database. You hereby warrant that the reading that you submit is a true, accurate and up-to-date record of the mileage stated on the odometer based on your own inspection of the vehicle and you agree to indemnify the Company for all and any loss that it may suffer arising from an inaccurate reading being submitted. You also consent to your reading being kept on the Company’s database for use by the Company for any purpose whatsoever in the future including, for the avoidance of doubt, any commercial purpose.


15. WRITE-OFF DATA

The Company seeks to provide our customers with the best service possible and as part of that service we look to obtain information on all vehicle write-offs. Information concerning whether a vehicle has been listed by an insurer as written off its books (“Write-off Data”) is being added on a daily basis and the Company takes no responsibility and assumes no liability for adding a record after a check was carried out. Engineering write-offs are being notified by Irish insurers to the Vehicle Registration Unit, Driver and Vehicle Computer Services Division, Department of Transport, Tourism and Sport, Shannon Town Centre, Shannon, Co. Clare and are then made available to you pursuant to the Service. Less dangerous economic write offs are made available by insurers at a slower rate as a classification system is being implemented. The Company would always urge caution where economic write-offs are concerned and recommend an automotive engineer’s inspection to eliminate the possibility of purchasing an Irish economic write-off. Under no circumstances does the Company warrant the accuracy of the Write-off Data made available to you pursuant to the Service. This disclaimer is in addition to (and not instead of) the terms of Clause 9 of these terms.


16. OWNERS

The Company does not hold any personal information pertaining to owners of vehicles (either current or historical).For the avoidance of doubt, you are also advised that the Service does not provide or include any evidence as to the identity or any other personal information of the registered owner or any previous registered owner, or the vendor or any previous vendor of any vehicle.


17. STOLEN VEHICLES

No company in Ireland has access to An Garda Síochána stolen files and the Company seeks to petition An Garda Síochána for the release of this data.

Ireland is one of the few countries in Europe that does not make the stolen vehicle register maintained by the national police force available to members of the public. Unlike the United Kingdom, the Irish stolen vehicle database remains for Garda use only.


18. FINANCE

Some of the Services provided by the Company provide information regarding finance attaching to the vehicle. This information is based solely on the register (“the Register”) operated by Hire Purchase Information Limited (“HPI”), ICB House, Newstead, Clonskeagh Road, Dublin, 14 and is furnished subject to the following conditions and limitations:

  1. Entries on the Register are based solely on information supplied to HPI by it’s own members and subscribers and so no guarantees can be given in relation to the present status of any vehicle
  2. HPI (and therefore the Company) does not claim to have a complete record of every vehicle which is the subject of a hire purchase, leasing or other financial agreement and the fact that a report furnished to you may state that the relevant vehicle is not subject to a financial arrangement is not conclusive evidence that that is the case.

19. VALUATIONS

Our vehicle valuation system is currently being used for the past number of years via our parent company VMS, Vehicle Management System by almost 100% of the Irish insurance industry which includes insurance companies and independent vehicle assessors to assist with determining a pre-accident valuation. It is also being used on a daily basis by several financial institutions, hundreds of Independent and Franchise motor dealership across the Country, all of whom are satisfied with the accuracy.

A manual valuation, if anything is merely an opinion, but our system focuses on trying to match like for like vehicle examples currently or recently advertised for sale within the Irish marketplace and takes into consideration the number variables associated with determining the value of a vehicle.

More than just a vehicle valuation, our system is market overview price indicator. If a vehicle had additional specification that is not standard, this may very well add value to the vehicle, but this really depends on what the extra specification is, along with the type of vehicle and the age.

Every effort is made to return an accurate vehicle valuation but in certain circumstances this is not always possible. This can be due to a number of factors such as a shortage of similar vehicles currently available on the market. In this instance, the system is unable to confidently produce an automated valuation on the vehicle and therefore must be returned as a manual valuation.

Manual Valuations

Due to the shortage of similar vehicles currently available, the system may be unable to confidently produce an automated valuation of a vehicle.
We have now assigned this valuation to a qualified member of our vehicle valuation team, who will review and return an accurate valuation within a 24 hour period.

Please be advised, Manual Valuation requests submitted after 12pm on Friday may not be returned until close of business on the following Monday.
When this vehicle valuation has been completed, you will receive an email with your updated report.


20. COMPLAINTS

The Company hopes that you will be fully satisfied with the Service that is provided to you. The Company is and will always strive to improve its Service. If you wish to make a complaint about the Service then please write to

Unit 6, The Ringwood Centre,
Damastown Close,
Damastown Ind Pk,
Dublin 15, EirCode: D15DC03
Tel: 01 8205134

or email: info@myvehicle.ie setting out in full the nature of your complaint

The Company will endeavour to acknowledge your complaint within 5 working days. The complaint will be fully investigated and the Company will endeavour to respond to your complaint within five working days from receipt.


21. REFUND POLICY

Payment in advance must be furnished before you can access a MyVehicle.ie report. No refund is available if you pay in advance and the MyVehicle.ie Report is delivered to you by computer screen, email, fax, post or SMS.

A full refund is available if you pay in advance for a MyVehicle.ie report and Cancel the service within the terms of our cancellation policy as outline below.

If you have paid for a MyVehicle.ie Report in advance, but you wish to cancel your request and provided you have not accessed the MyVehicle.ie Report requested, you shall have the right to cancel at any time during the period of 14 Working Days from the date on which you paid for the MyVehicle.ie Report in advance. Working Days shall mean all days other than Saturdays, Sundays and public holidays.

To exercise your right to cancel you must e-mail us at refund@myvehicle.ie with the subject matter stated as "Cancellation" within the 14 Working Day period as outlined above with your request to cancel the service.

Where a MyVehicle.ie service has been cancelled in the way described above, there will be no obligation for us to provide you with the MyVehicle.ie report initially requested and any payment received by us from you in respect of the cancelled MyVehicle.ie Report shall be refunded to your debit or credit card (whichever card details you provided us with) no later than 30 days after receipt of your request to cancel.


22. PRIVACY POLICY

1. Introduction

We at MyVehicle.ie respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2002. The purpose of this Website Privacy Policy is to outline how we deal with any personal data you provide to us while visiting this web site. Naturally, if you are not happy with this Website Privacy Policy you should not use this website. By visiting this website, you are accepting the terms of this Website Privacy Policy.
Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

2. Types of Information Collected

We retain two types of information:

Personal Data

This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, user IP addresses in circumstances where they have not been deleted, clipped or anonymised, and telephone number. Such information is only collected from you if you voluntarily submit it to us.

Non-Personal Data

Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses where they have been clipped or anonymised, browser types and other anonymous statistical data involving the use of our website.

3. Purposes for which we hold your Information

Non-Personal Data

We use the Non-Personal Data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.

Cookies

The MyVehicle.ie website does not use cookies. MyVehicle.ie does not collect any personal data about you on this website, apart from information which you volunteer (for example by using our 'Register' button). Any information which you provide in this way is not made available to any third parties, and is used by MyVehicle.ie only in line with the purpose for which you provided it. Your personal data may also be anonymised and used for statistical purposes.

Personal Data

We will process any Personal Data you provide to us for the following purposes:

  • to provide you with information you have requested;
  • to contact you if required in connection with your query or to respond to any communications you might send to us;
  • to send you the MyVehicle.ie Newsletter, Promotions or Event Alerts.

4. Disclosure of Information to Third Parties

We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfill your order (in such circumstances, the third party is bound by similar data protection requirements. We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.

5. Sale of Business

We reserve the right to transfer information (including your Personal Data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Policy and provided that the third party only uses your Personal Data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

6. Updating, Verifying and Deleting Personal Data

You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Data Protection Acts 1988 and 2002 we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you or to have your Personal Data updated, amended or removed from our database, please contact us. Any such data subject requests may be subject to the prescribed fee.

7. Changes to the Website Privacy Policy

Any changes to this Website Privacy Policy will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use Personal Data in a manner significantly different from that stated in this Website Privacy Policy, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.


23. USER SUBMISSIONS

Generally, any communication which you post to the Site is considered to be non-confidential. By posting communications to the Site, you automatically grant to the Company a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-licence such rights through multiple tiers of sub-licences.

The posting of any communication to the Site must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

The Company reserves the right (but not the obligation) to remove or edit such content, but does not accept any obligation to regularly review posted content. You are hereby representing and warranting that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content supplied does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content that is supplied. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.


24. PROMOTION / DISCOUNT CODES

Occasionally the Company will run promotions online or through third parties. The following terms and conditions apply to all promotions, unless otherwise stated in the promotion:

  • Promotion codes cannot be used in conjunction with any other offer;
  • Only one promotion code or online offer can be used per order;
  • We reserve the right to cancel any order, or withdraw/extend any promotions at our discretion;
  • Promotion codes must be entered in the Promotional code box at the time of purchase. Promotion codes cannot be applied retrospectively.

25. REPUBLIC OF IRELAND ONLY

This website is available for use by residents of the ROI only (excluding, for the avoidance of doubt, Northern Ireland). As such, the Company is subject to the laws of the Republic of Ireland, and such laws will govern the Terms. The Company makes no representation that the Site or the Service are appropriate, legal or available for use in other locations and/or jurisdictions. Accordingly, if you choose to access the Site, you are agreeing to do so subject to the laws of the Republic of Ireland and further agree to submit to the exclusive jurisdiction of the Irish Courts in relation to any matter arising under or in connection with your use of the Site or its contents. In listing your place of residence you acknowledge, represent and warrant to us that you are a resident of the ROI. If you are not a resident of the ROI, please cease all usage of the Site, the Services and any other related services immediately.


26. JURISDICTION AND APPLICABLE LAW

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.


27. SEVERANCE

If any of the Terms should be determined to be illegal, invalid or otherwise unenforceable, such term or terms shall be severed and deleted from the clause concerned and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.


28. OTHER TERMS

Any part of the Service should be used by you as a tool to assist you in buying (or not buying) a particular vehicle. The final decision will always rest with you.

If any part or provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that these Terms and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition.

Under no circumstances will you permit or allow or cause to permit or allow the centralised caching of any data supplied as part of the Service (“the Data”). Localised (per customer) short term caching of Data for performance and optimisation reasons is strictly restricted to a period not, in any circumstances, to exceed thirty days.

These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between the Company and you.

You agree that by accepting these Terms, that you are consenting to the use and disclosure of your personally identifiable information and other practices described in the Company’s Privacy Policy Statement.

These Terms constitute the entire agreement between the Company and you with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

The section headings used herein are for convenience only and shall not be given any legal import.

None of the following or any combination thereof shall release, discharge or in anyway affect the liability you may have to the Company or incur any further obligation or liability on the part of the Company to you or any third party:-

  1. Any neglect delay or forbearance of the Company in endeavouring to obtain payments of any sums due hereunder or enforcing the performance and observance of any of your obligations hereunder;
  2. Any extension of time given to you by the Company;
  3. Any variation of the terms hereof (including any reviews of the amounts payable hereunder) or the transfer of the Company’s interest herein;
  4. Any change in the structure or powers of either the Company or you.
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