Terms of Use

Definitions

"RAC" means RAC Cars which is a trading name of RAC Motoring Services. Registered in England and Wales under Company Number 01424399. Registered office at RAC House, Brockhurst Crescent, Walsall, WS5 4AW.

"Manheim" means Motors.co.uk Limited registered in England and Wales with company number 05975777 whose registered office is at Central House, Leeds Road, Rothwell, Leeds, LS26 0JE

"We, Us, Ours" means RAC and Manheim

1. General

1.1 The website www.raccars.co.uk ("the site") is a site operated by Manheim under licence from RAC. Our Privacy Policy contains full details on how your personal information is processed when you use the RAC Cars website.

1.2 Access to the Site is subject to the following terms and conditions ("Terms"). Please take the time to read through these before continuing to use the Site. We may rescind or vary these Terms at any time without prior notice and without the consent of any other person. You are expected to check these Terms from time to time and your continued use of the Site will mean that you accept any amendments to the Terms. On accessing the Site on this and on each subsequent occasion you will be deemed to have accepted all of the Terms that apply to you.

1.4 If you believe any material on the Site is inaccurate or intellectual property belonging to you or a third party has been improperly posted on the Site, please let us know by contacting us or using our 'report an ad' function.

2. About the Site

2.1 The Site is a medium for providing information and access to cars, products and services related to cars submitted by private individuals and trade dealers (including RAC Approved Dealers) and other third parties which are being offered for sale. Whilst We may take reasonable steps to verify information provided and perform random quality assurance checks from time to time, We cannot be liable for any error, omission or inaccuracy in such material, including but not limited to the ownership, quality, compliance with description or fitness for purpose of any listed vehicles. However We recommend you read our buyers top tips and view RAC's other products and services, such as History Check, to help you buy with more confidence.

2.2 Before purchasing any car or other product or service which has been found by using the Site, We recommend you confirm all information with the seller and make your own enquiries and searches about the car, product or service and also about the seller. Information about the RAC's inspection services can be found at http://www.rac.co.uk/buying-a-car/vehicle-inspections

2.3 If you choose to purchase a vehicle, product or service advertised for sale by third parties on the Site, the contract will be between you and the third party and not with Us. We therefore have no liability to you for any losses that you may incur as a result of purchasing a vehicle, product or service from a third party through the Site. Subject to clause 8.4, your sole recourse in respect of any performance, non-performance or delay in performance of the contract or arrangement by that third party will be against that third party.

2.4 We do not take any responsibility for checking the identity of sellers or for the accuracy or completeness of the information provided by any seller. The price and terms of sale are subject to direct negotiation between you and the seller and you will be bound by whatever is agreed.

2.5 Where you obtain any product or service from a third party through the Site and the service We provide in connection with that product or service is without charge to you, RAC may be entitled to commission from that third party under commercial arrangements RAC have in place with that third party.

2.6 Payment for vehicles and other products or services of third parties will be made on the applicable terms and conditions of the relevant third party and cannot be made via the Site.

3. Registration as an Authorised User

3.1 If you register as an Authorised User you must be at least 18 years of age.

3.2 You must ensure that the details provided by you on registration or at any time thereafter are correct and complete and inform Manheim immediately if there are any changes to those details.

3.3 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 must keep it confidential and not disclose it to anyone. You are responsible for all activities and enquiries 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 Manheim immediately. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

3.4 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.

3.5 We protect all personal information supplied by you as part of the registration process in accordance with the terms of our  Privacy Policy.

4. Links and third party material

4.1 Parts of the Site may contain material provided by third party product or service providers, advertisers or sponsoring organisations. Third party product and service providers, advertisers and sponsors are responsible for ensuring that all material submitted for inclusion on the Site complies with all relevant laws and codes. We will not be responsible if any such material is untrue, inaccurate, incomplete, and/or contains errors and We disclaim all liability and responsibility arising from any reliance you place on such material. To the fullest extent allowed by applicable law, third party providers of material to the Site shall have no liability to you whether in contract, tort (including without limitation negligence), for breach of statutory duty, or otherwise, arising under or in connection with the material on the Site.

4.2 Any material on the Site may be out of date at any given time and, whilst We endeavour to keep material up to date, We cannot guarantee this will always be the case. Material on the Site may be subject to change at any time.

4.3 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, security or content of any linked websites or for any loss or damage that may arise from your use of them. 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.

4.4 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.

4.5 You may hypertext the link to the Site provided it does not imply or claim an association with Us or any approval or endorsement on our part where none exists and that any link to the Site is removed immediately on the cancellation of your registration.

5. Intellectual Property Rights

5.1 Unless otherwise stated and subject to condition 5.4, all intellectual property rights in the Site and its content (including copyright and database rights and (whether registered or unregistered) trademarks, trade names and designs), are owned by or licensed to Net Cars Limited.

5.2 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 prior written permission of RAC Cars and payment of any specified fee.

5.3 No licence is granted to you in these Terms to use any trade mark of RAC Cars.

5.4 You agree not to use the Site to infringe the intellectual property rights of any third party. You represent that all material you submit to Us is owned by you or you have the relevant consents or permission to use the information in this way. By posting any material on the Site, you grant Us a non-exclusive, worldwide, perpetual, irrevocable and royalty-free licence (with the right to sub-license) to exercise the copyright, trademarks, database rights and all other intellectual property rights you have in such material in any media. In addition, you waive all moral rights you have in such material to the fullest extent permitted by law.

6. Using the Site

6.1 You agree to use the Site for lawful purposes only. In particular, but without limitation, you warrant that neither you nor anyone using your password will:

1. disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
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 codes of practice;

III. disseminate any advertising, promotional materials or other forms of solicitation, including chain mails or pyramid schemes;

1. make, transmit or store electronic copies of materials protected by copyright without the permission of the owner;
2. impersonate any person, or entity or misrepresent your affiliation with anyone or entity;
3. gain unauthorised access to other computer systems;

VII. prevent or restrict the use of the Site by other users;

VIII. interfere or disrupt networks or websites connected to the Site or misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

1. collect or store other users' personal data;

6.2 You agree that you will only use, reproduce and print materials on the Site comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by sellers of vehicles to contact such sellers other than in connection with a genuine enquiry relating to the purchase by you of a either a vehicle, product or service.

6.3 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 which breaches these Terms.

7. Suspension and Cancellation

7.1 Without affecting our other rights and remedies against you, We may suspend or cancel your registration immediately at our reasonable discretion

7.2 You may cancel your registration at any time by informing Manheim in writing. If you do so, you must stop using the Site.

7.3 For the avoidance of any doubt, the following conditions will survive the cancellation of your registration: 2, 4.1, 4.3, 4.4, 5, 7.3, 7.4, 8 and 9.

7.4 The suspension or cancellation of your registration and your right to use the Site shall not affect either party's accrued rights or liabilities.

8. Disclaimer and Exclusions of Liability

8.1 We do not guarantee that any cars or other products or services offered to you through the Site will meet your requirements. We do not warrant that your access to the Site will be uninterrupted, unrestricted, timely, secure and error-free (and We may suspend, restrict or terminate your access to the Site at any time), 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.

8.2 To the fullest extent allowed by applicable law but subject to conditions 8.3 and 8.4 We 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 which are not expressly set out in these Terms and the Site is provided "as is";
2. any liability for any direct, indirect or consequential loss or damage incurred by any user 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 or any material posted on it or any statement or conduct of any third party on or in connection with the Site, 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 without limitation negligence), breach of contract or otherwise, even if foreseeable.

8.3 Nothing in these Terms shall exclude the liability of Us for personal injury or death caused by its negligence, or its liability for fraudulent misrepresentation or fraud or for any other liability which cannot be excluded or limited under applicable law.

8.4 Reference to Us in this clause 8 includes Our officers, employees, agents and sub-contractors.

8.5 We do not represent that the Site or the material on the Site is appropriate or available for use outside the United Kingdom. If you choose to access the Site from any location outside the United Kingdom, you do so at your own risk and it is your responsibility to ensure compliance with all foreign and local laws and requirements.

9. Miscellaneous

9.1 Registration is personal to you and you may not assign, sub-license or otherwise transfer all or any of your rights under these Terms.

9.2 If any provision in these Terms is found by any court or other body of competent jurisdiction to be wholly or partly invalid or unenforceable then that provision or part will be severed from these Terms and the remaining provisions will continue in full force and effect.

9.3 If you breach these Terms and We fail to act or delay in acting in respect of such breach We will not waive our right to act in respect of any subsequent or similar breach.

9.4 We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.

9.5 These Terms shall be governed by and construed in accordance with the laws of England and each of you and RAC Cars irrevocably submits to the exclusive jurisdiction of the English courts in relation to all disputes arising out of or in connection with these Terms.

9.6 Headings in these Terms are for convenience only and will not affect the interpretation of these Terms.

10. Contacting RAC Cars

All correspondence relating to the site should be sent here.