Terms & Conditions
1. Use of the Website
1.1 We may amend these Terms at any time without prior notice. Your continued use of the Site will mean that you accept any amendments to the Terms.
1.2 We take protection of your privacy seriously. Please read our
Privacy Policy.
1.3 If you believe any material on our website is inaccurate or intellectual property belonging to you or a third party has been improperly posted on our Site, please contact us and let us know by sending an email to
info@netcars.co.uk.
2. The Site
2.1 The Site is a medium for providing information and access to car products and services. Before purchasing goods or services which have been found by using the Site, you should confirm all information with the seller. We do not take any responsibility for and do not guarantee any goods or services.
2.2 The Site is a medium for sellers to advertise a vehicle for sale. We do not take any responsibility for the accuracy of the information provided by a seller or guarantee the vehicle sold. The price and terms of sale are subject to direct negotiation between the buyer and the seller.
2.3 You agree not to bring any claim against us arising from your purchase or use of third party products or services.
3. Obligations on the Seller
3.1 When advertising a car for sale in the "Sell Your Car" service, the seller must:
3.1.1 offer for sale on genuine terms;
3.1.2 be in possession of the vehicle and in a position to pass title;
3.1.3 provide accurate information;
3.1.4 be a private seller and not a motor dealer or in any way connected to a motor dealer when selling the particular vehicle listed;
3.1.5 not post any obscene, defamatory, abusive, threatening, misleading or illegal material;
3.1.6 not post any material that infringes the rights of third parties.
3.2 If we become aware that you have failed to comply with these Terms we reserve the right to deny you use of all or any parts of our Site.
3.3 You agree to pay the fees specified by us for listing your vehicle for sale on the Site. The fees are payable irrespective of whether or not you sell your vehicle via the Site.
4. Registration
4.1 In order to make any purchases via the Site you will need to register as an authorised user. Authorised users must be over 18 years of age.
4.2 You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately if there are any changes to the information that you provided when registering.
5. Password and Security
5.1 When you register to use the Site you will be asked to provide your name, e-mail address and create a password. Your password is unique to you and you are solely responsible for maintaining the confidentiality of your password. You are responsible for all activities and orders that occur or are submitted through the use of your password. If you know or suspect that someone else knows your password you must notify us immediately.
5.2 If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
6. Advertising and Sponsorship
Parts of the Site may contain material provided by or links to advertisers or sponsoring organisations. Advertisers and sponsors are responsible for ensuring that any material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
7. Linking
7.1 The Site contains links to other websites. When you activate any of these links, you will leave the Site and we accept no responsibility for the availability or content of any linked websites and shall not be responsible in any way for arrangements regarding goods or services from such linked websites. The links are provided for your convenience and any such link does not imply endorsement by us of a website or any association with the operators of a website.
7.2 You agree not to bring any claim against us arising from your purchase or use of the third party supplied products and services.
7.3 You may hypertext link to this Site provided it does not imply or claim an association with Netcars Ltd.
8. Content of the Site
8.1 Unless otherwise stated, all rights in the material on the Site including copyright and database rights, are owned by Netcars Limited. You are permitted to print or download extracts from this material for your personal use only provided you keep intact all or any copyright and proprietary notices. None of this material may be used for any commercial or public use.
8.2 No part of the Site or any material appearing on the Site may be modified, copied, distributed , reproduced, stored in or transmitted on any other website for commercial purposes without written permission of Netcars Limited and payment of any specified fee.
8.3 No licence is granted to you in these Terms to use any trade mark of Netcars Limited.
8.4 You agree not to use the Site to infringe the intellectual property rights of any third party. You represent that all material you submit is owned by you or you have the relevant consents or permission to use the information in this way.
9. Your use of the Site
9.1 You agree to use the Site for lawful purposes only. In particular, but without limitation, you warrant that you or anyone using your password shall not:
9.1.1 disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
9.1.2 transmit or link to material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
9.1.3 disseminate any advertising, promotional materials or other forms of solicitation, including chain mails or pyramid schemes;
9.1.4 make, transmit or store electronic copies of materials protected by copyright without the permission of the owner;
9.1.5 impersonate any person, or entity or misrepresent your affiliation with anyone or entity;
9.1.6 gain unauthorised access to other computer systems;
9.1.7 prevent or restrict the use of the Site by other users;
9.1.8 interfere or disrupt networks or websites connected to the Site;
9.1.9 collect or store other users? personal data;
9.2 We reserve the right at our sole discretion and without prior notice to remove or otherwise block any material that you post, transmit or disseminate or terminate your registration for violating the above provisions.
10. Our right to suspend or cancel your registration
10.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms.
10.2 You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Site.
10.3 The suspension or cancellation of your registration and your right to use the Site shall not affect either party? s rights or liabilities.
11. Disclaimer of Warranties and Liability
11.1 We do not guarantee that the services at the Site will meet your requirements. We do not warrant that the Site will be delivered to you uninterrupted, timely, secure or error-free, or that the Site and the server are free of computer viruses or other harmful applications. If a fault occurs in the service you should report it to us and we will attempt to correct the fault as soon as we reasonably can.
11.2 To the fullest extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.
11.3 Nothing in these Terms shall exclude our liability for personal injury or death caused by our negligence.
12. Indemnities
You agree to indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements or sums paid by us as a result of any settlement agreed by us arising out of or in connection with breach by you of any of these Terms.
13. Access outside UK
We do not represent that the Site or the material on the Site shall be appropriate or available for use outside the United Kingdom. If you choose to access the Site from locations outside the United Kingdom, you do so on your own initiative and it is your responsibility to ensure compliance with any foreign and local laws and requirements.
14. Miscellaneous
14.1 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
14.2 If any provision in these Terms is invalid or unenforceable, the remaining provisions will continue in full force and effect.
14.3 If you breach these Terms and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
14.4 We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
14.5 A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
15. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.