We know this takes some reading - it's just we need to do it for legal
These terms and conditions of use ("Terms")
govern your use of the website at www.carmony.co.uk ("Website")
and the content and functionality comprised within it permitting you
to view our database of vehicles advertised for sale by trade vendors
(the "Listing Services"). These Terms form a binding contract between you
and us regarding your use of the Website and Listing Services. Please ensure
that you read these Terms carefully. They explain our responsibilities to you and
your responsibilities to us. They also include provisions that limit our
liability. If there is anything that you do not understand, please contact us as
set out at the end of these Terms. PLEASE NOTE: We do not make (and no one has authority
to make on our behalf) any guarantee with respect to any Vendor's ability to enter
into a Contract of Sale and we do not accept any responsibility for any damage caused
to a Vehicle by a Vendor or for any failure by a Vendor to deliver a Vehicle to you once a Contract of Sale
has been concluded between you and a Vendor. You agree not to hold us responsible for the actions or
omissions of any of our users. The Contracts of Sale agreed between you and a Vendor are
independent of the Website and we are not a party to such Contracts of Sale. By accessing the website
and using the Listing Services you agree to be bound by these Terms. If you do not agree to these Terms,
then please do not use the Website or the Listing Services. In these terms and conditions the following words and
expressions have the following meanings:
These Terms form a binding contract between you and us regarding
your use of the Website and Listing Services. Please ensure that you read these Terms carefully. They explain our
responsibilities to you and your responsibilities to us. They also include provisions that limit our liability. If there
is anything that you do not understand, please contact us as set out at the end of these Terms.
PLEASE NOTE: We do
not make (and no one has authority to make on our behalf) any guarantee with respect to any Vendor's ability to enter into a
Contract of Sale and we do not accept any responsibility for any damage caused to a Vehicle by a Vendor or for any failure by a
Vendor to deliver a Vehicle to you once a Contract of Sale has been concluded between you and a Vendor. You agree not to hold us
responsible for the actions or omissions of any of our users. The Contracts of Sale agreed between you and a Vendor are independent
of the Website and we are not a party to such Contracts of Sale.
By accessing the website and using the Listing Services you
agree to be bound by these Terms. If you do not agree to these Terms, then please do not use the Website or the Listing Services.
In these terms and conditions the following words and expressions have the following meanings:
"Approved Status" means that a Vehicle listed on Carmony is a part of an
approved scheme from the franchised dealer or the manufacturer.
"ASA" means the Advertising
Standards Authority or any replacement body;
"Contract of Sale" means the contract formed
between you and the Vendor for the purchase by you of a Vehicle on the Vendor's terms and conditions;
"Intellectual Property Rights" means all copyright and other intellectual property rights,
howsoever arising and in whatever media, whether or not registered, including (without limitation) patents, trademarks,
service marks, trade names, registered design and any applications for the protection or registration of these rights and
all renewals and extensions thereof throughout the world;
"Listing" means an advertisement for a
Vehicle posted by a Vendor on the Website in accordance with our Terms of Trade;
any type or make of car, commercial vehicle, caravan, motor cycle, plant, or any other type of motorised vehicle;
"Vendor" means a user of the Website who has posted a Listing on the Website and wishes to enter into a
Contract of Sale for a Vehicle on the Vendor's terms and conditions;
"we"/"us"/"our" means Digital
Vehicle Marketing Limited (trading as carmony.co.uk) (company number 03610663), registered office Central House, Leeds Road,
Rothwell, Leeds, LS26 0JE;
"you"/"your" means you.
1. Use of the Website
The Website provides the functionality for you to view Vehicles which
have been listed for sale by a Vendor. The Website does not enable you to purchase the Vehicles online and you acknowledge
and agree that all purchases of Vehicles will be dealt with between you and the Vendor on the Vendor's terms and conditions
independently of the Website.
Although we will provide you
with every practicable assistance required to access the Website, or any permitted part of it, we accept no responsibility
if you are unable to do so (whether due to equipment failure, unavailability of communication facilities, mis-configuration,
or any other reason whatsoever). Neither do we guarantee that access to the Website or any part thereof will be uninterrupted,
timely, without delay, secure or error free or operate as contemplated in these Terms.
We reserve the right at any time to suspend or discontinue the Website including, without limitation, for
maintenance purposes, without incurring any liability or obligation to you.
We reserve the right to amend these Terms and/or the basis upon which you may access the Website or any
Listing Services at any time. If we do amend these Terms and/or the basis upon which access to the Website is to be
provided, we shall display a notice on the Website informing you of that fact. Your continued use of the Website or any
Listing Services after any amendment of these Terms shall be deemed to be your binding acceptance of any such amendment.
2. Registering an account
You do not need to register an account to access the Website and/or Listing Services. However, you will need to register in order to access certain of our services including our update services, car alerts, "save your search" and our "send to a friend" functionality. We do not charge you for registration.
In order to register an account you will be required to choose a user name and password and to enter other information that we ask for on our registration form such as (but not limited to) your name, postcode, telephone number and email address.
In order to register an account you must be 18 years of age or older and are fully able and competent to enter into these
Terms, and abide by and comply with these Terms. If you are under 18 years of age, you may use the Website and the Listing Services
with the consent of a parent or guardian who will need to register the account and supervise your use of the Website and the Listing
You shall ensure that the details you provide at
registration are accurate and kept up to date. You can change the details you provide at registration at any time via the Website.
If you would like us to terminate your registration (which you may do so at any time) and delete your data, please let us know
by email to firstname.lastname@example.org.
You are solely responsible for maintaining the confidentiality of your password and user name and are
responsible for all activities that are carried out under them. We do not have the means to check the identities
of people using the Website or the Listing Services and will not be responsible for any losses suffered by you
where your password or user name is used by someone else to access the Website and/or the Listing Services unless
this is due to our negligence. You agree to notify us immediately by email to email@example.com if you become aware of or suspect any unauthorised use of your password or user name.
3. The Listing Services
The Listing Services enable registered trade users of the Website to post Listings on the Website. All such registered trade users have committed to advertising and selling Vehicles of Approved Status only.
You agree that we are not responsible for verifying the Approved Status of such Vehicles and it is your responsibility to undertake all necessary due diligence before entering into a Contract of Sale with a Vendor for a Vehicle which was listed on the Website.
You may contact a Vendor via the Website, by telephone or by email directly to the Vendor or by using the "book a call back" functionality on the Website. We are not responsible for monitoring your communications with a Vendor and you agree that we are not responsible for any failure by a Vendor to respond to you.
The terms and conditions of sale of each Vendor who has posted a Listing on the Website will be made available to you in each Listing available on the Website. It is your responsibility to review the Vendor's terms and conditions and we are not responsible for any failure by you to do so.
4. Our right to restrict access
We reserve the right to terminate or suspend your registration or access in respect of the Website or any Listing Services if we, in our absolute discretion, determine that you are in breach of any provisions of these Terms or we conclude, in our absolute discretion, that your conduct adversely impacts on our name and reputation. On termination, your rights to access the Website and use the Listing Services will expire.
5. Our obligations to you
Subject to your compliance at all times with the provisions of these Terms and as otherwise specified in these Terms, we will provide you with access to the Website and Listing Services on the basis set out in these Terms.
6. Your obligations to us
You will act lawfully and honestly at all times when you access the Website and Listing Services.
You agree not to:
use the Website and/or Listing Services in any way that may lead to the encouragement, procurement or carrying out of any criminal activity or for any other unlawful purpose;
email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or
advertise or promote third party or your own products or services including by way of the
distribution of 'spam' email.
You undertake to us that all of the
details you supply on registration (and any subsequent revisions of the same which you provide to us) and otherwise in
correspondence with us are (or will be) true and accurate.
You agree not to interfere with, disrupt or jeopardise the Website or any Listing Services whether, without limitation, by introducing any viruses, trojan horses, worms or similar devices into the Listing Services or Website or intercepting, expropriating or reutilising any system, data or personal information comprised in or pursuant to any use of any Listing Services or the Website.
You agree not to attempt to access the accounts of other users of the Website or to penetrate or to attempt to penetrate the Website's security measures.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, Web pages or materials on the Website/Service other than for your own personal, non-commercial use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of
viewing it provided that no more than one copy of any information is made.
7. Intellectual Property Rights
You acknowledge and agree that all Intellectual Property Rights in and relating to the Website and/or any Listing Services are owned, and shall continue to be owned, by us and/or our licensors.
Your use of the Website and Listing Services and their content grants no rights to you in relation to our (or our licensor's) Intellectual Property Rights or the Intellectual Property Rights of third parties contained in the Website and Listing Services.
Any use other than that permitted under this paragraph 7 may only be undertaken with our prior express authorisation.
8. Your indemnity to us
You agree that you will only use the Website in accordance with these Terms and to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
9. Limitation of our liability to you
We accept liability for death or personal injury caused by our negligence and that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
The Website contains hypertext links to third party websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such Websites does not imply any endorsement of the material contained on the Websites or of the owners of such Websites.
The Website may contain independent third party data including, without limitation, a Vehicle's green rating, CAP data and/or a Vehicles' estimated running costs. We do not control such data and are not responsible for its content. Our inclusion of such data does not imply any endorsement of any
of its content nor any representation as to its accuracy.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could have been contemplated by you and us at the time of entering into these Terms.
In no event shall we be responsible for:
any loss arising from or in connection with loss of revenues, profits, contracts or business or failure to realise anticipated savings;
any loss of goodwill or reputation; or
any indirect losses which are a side effect of the main
loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Terms, suffered or incurred by you arising out of or in connection with your use of the Website or Listing Services, or any other matter under these Terms.
We are not liable in any way for failure, interruption, delay or any other matters of a similar nature whatsoever to the Website and/or Listing Services arising out of circumstances beyond our reasonable control including, but not limited to, fire, explosion, earthquake, flood, storm, riot, civil disturbance, strikes, lockouts and industrial disputes, war, nuclear accident, terrorist activity, failure of equipment or transmission (or other supply) difficulties (except where such failure or transmission (or other supply) difficulties are cause by our negligence or wilful default, the act or order of any government department,
council or other constituted body and acts of God.
Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Website itself will be free from errors or omissions.
If you have a dispute with another user of the Website, you agree to release us from all claims, losses and/or damages of any kind arising out of any such dispute.
You have certain statutory rights. Nothing in there Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
10. Miscellaneous provisions
Severance: If any part of these Terms if disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
Transfer: These Terms are personal to you. You agree not to transfer your rights or obligations under these Terms to anyone else. We may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity.
No partnership: No partnership, joint venture, employee-employer or franchisor-franchisee relationship arises between us and you by reason of these Terms.
Rights of third parties: Notwithstanding any other provision in these Terms, no person other than you or us has any right under the Contracts (Rights of Third Parties)
Act 1999 to rely upon or enforce any term of these Terms. Nothing in these Terms shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
Entire Agreement: These Terms contain the entire agreement between us with respect to your use of the Website.
11. Governing law and jurisdiction
These terms and conditions shall be governed by the laws of England and you hereby submit to the exclusive jurisdiction of the courts of England in respect of any such act, matter or thing.
12.Our contact details
We are carmony.co.uk - ‘Carmony, Manheim Retail Services, Adlington Business Park, Adlington, Cheshire SK10 4NL’. Contact us.
Our VAT number is 936125527.
These Terms & Conditions updated on 22/01/09 ©2008 Digital Vehicle Marketing Limited