By using this website (www.exchangemycar.co.uk /www.exchangemycar.com), you agree to
if you do not agree to these terms do not use this website.
We EMC Online Ltd trading as “Exchange My Car” Manufactory House, Bell Lane, Hertford, England, SG14 1BP (referred to as “Exchange My Car”, “we”, “us” or “our” in these Terms). Under Section 1 of these Terms, we license you to use the Website, the content supplied with the Website and any updates or supplements to it as permitted in these Terms.
The Website facilitates a part exchange comparison price and part exchange for vehicles (Customer Vehicle), the advertising of vehicles for sale (Dealer Vehicles) and leasing and finance offers from finance companies, as well as allowing communication between the parties. Dealer Vehicles shown on the Website are provided by external providers (Dealers), not by Exchange My Car, to buyers (Customer).
We may provide services to Customers and Dealers in connection with the sale/ purchase of a Customer Vehicle/ Dealer Vehicle (Services). If and to the extent that we provide Services, we shall provide such services with reasonable skill and care. Other than the Services we provide, we are not responsible for any part of the sale and/or purchase of Customer Vehicles and/or Dealer Vehicles.
Additional terms will apply to you if you use the Website:-
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://exchangemycar.co.uk/privacy-policy and it is important that you read that information.pPlease be aware that internet transmissions are never completely private or secure and that any message or information you send using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
If you want to learn more about the Website or have any problems using it please contact our customer service team at firstname.lastname@example.org.
If we have to contact you, we will do so by email, phone, whatsapp, by SMS or by post, using the contact details you have provided to us.
You may only use the Website for your own internal business or personal use.
You must be 18 or over to accept these terms and use the Website.
From time to time we may automatically update the Website to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
The Website may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). This includes the website of any Dealers and finance companies. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
All intellectual property rights in the Website throughout the world belong to us (or our licensors) and the rights in the Website are licensed (not sold) to you. You have no intellectual property rights in, or to, the Website other than the right to use them in accordance with these terms.
This section applies whenever you use the Website as a Customer including when you obtain a part exchange comparison, part exchange a Customer Vehicle or purchase a Dealer Vehicle via the Website.
Please read these terms carefully before you register with the Website, view the Website or sell and/or purchase a Customer Vehicle and/or Dealer Vehicle.
You can register on the Website by submitting the required information as notified to you during the registration process as a Customer to allow you to use the Website.
Dealers are independent providers, not our employees or workers. Other than any Services we provide, we have no involvement in the sale/ purchase of a Customer Vehicle or provision of the Dealer Vehicle.
Anyone can register as a Dealer on the Website. Whilst we will complete various remote checks on the Dealer, we rely on information provided by Dealers and we cannot be held responsible for Dealer Vehicles provided, nor do we endorse or recommend any Dealer.
If you reach agreement with the Dealer for a Customer Vehicle and/or Dealer Vehicle, at this point a contract will come into existence between you and the Dealer. Any terms imposed by the Dealer will apply in addition to these Terms.
You are responsible for providing accurate and complete details of a Customer Vehicle.
The Customer Vehicle must be your property to sell and in road legal condition. The Customer Vehicle must not be a third party vehicle, illegal or stolen. The Website allows you to obtain an indicative part exchange price for a Customer Vehicle (Part Exchange Price) which is provided by us.
In providing a Part Exchange Price we rely on information provided by you about the Customer Vehicle. In addition we will carry out various remote checks on the Customer Vehicle including a history check, outstanding finance.
The Part Exchange Price is based on various market data and other relevant factors to provide an indicative price and is not to be relied upon. If you agree to part exchange a Customer Vehicle with a Dealer, the actual sale price agreed with the Dealer (Sale Price) may vary from Part Exchange Price.
If you want us to carry out an inspection of the Customer Vehicle to check its condition complies with the information you have provided, a fee is payable to us prior to the inspection.
If you agree to sell the Customer Vehicle to a Dealer, you must arrange with the Dealer who is responsible for delivery of the Customer Vehicle to the Dealer.
Dealers are responsible for listing details of Dealer Vehicles on the Website, providing clear and accurate information to us and providing Dealer Vehicles to Customers.
You must always complete your own due diligence on the Dealer and Dealer Vehicle before completing or agreeing a transaction.
We cannot guarantee that the Website will contain details of any relevant Dealer Vehicles or that you will reach agreement with any Dealer in respect of the Customer Vehicle and/or a Dealer Vehicle.
If you agree to purchase a Dealer Vehicle from a Dealer, you must arrange with the Dealer on who is responsible for delivery/ collection of the Dealer Vehicle to you.
There is no fee to you for using the Website or obtaining a Part Exchange Price. If any fees are payable by you to us in connection with any Services, this will be notified to you in advance.
You are responsible for arranging payment of any sums due in respect of a Dealer Vehicle, including the Sale Price and any other fees charged by the Dealer.
If you require finance in connection with the purchase of a Dealer Vehicle, we will arrange for WBOC Limited (WBOC) to provide you with credit broker services. WBOC is a credit broker, not a lender.
WBOC are authorised and regulated by the Financial Conduct Authority (‘FCA’), under FRN 710875.
We/ WBOC may request documentation from you on the finance company’s behalf, including to confirm your identity, which may be necessary for you to receive details of any products offered by the finance company.
WBOC offer impartial advice and do not recommend any finance company. Neither us nor WBOC will ever provide you with a recommendation or advise you on certain products, however, the finance company (or us/ WBOC on the finance company’s behalf) will provide you with information required to assist you in making an informed decision. You are solely responsible for ensuring that any product or service you purchase from a finance company meets your needs.
We cannot guarantee acceptance of any finance and all potential finance is subject to the terms imposed by the finance company.
If you reach agreement with the finance company, at this point a contract will come into existence between you and the finance company. Any terms imposed by the finance company will apply in addition to these Terms.
WBOC may be paid a commission for the introduction to the finance company.
Once an agreement has been reached for a Customer Vehicle and/or a Dealer Vehicle between you and a Dealer, if you wish to make any changes, such as delivery information, please contact the Deale
You must communicate with the Dealer via the Website and/or your account manager until we supply you with direct contact information for the Dealer. Should you choose to provide your contact details to the Dealer, you do so at your own risk.
If you are introduced to a Dealer via the Website and wish to sell a Customer Vehicle and/or purchase a Dealer Vehicle, the transaction must be completed via the Website.
Once the sale and/or purchase of a Customer Vehicle and Dealer Vehicle, or the Services, have been completed, you will be asked to rate and leave a review of us and the Dealer which will be displayed on the Website.
You are responsible for all feedback and must ensure that feedback is true and accurate. We may, in our absolute discretion, remove any feedback from the Website.
We reserve the right at our complete discretion to remove you from the Website and you shall not be permitted to view or transact via the Website. This may be, for example, if you abuse the Website or are found to be committing fraudulent behaviour.
This section applies whenever you use the Website as a Dealer including providing Dealer Vehicles to Customers or purchasing a Customer Vehicle. Please read these terms carefully before you register with the Website.
You can register as a dealer on the Website and allow you to list Dealer Vehicles and communicate with Customers.
If you wish for you and/or a Dealer Vehicle to be removed from the Website, please contact us at email@example.com.
There is no fee for registering with the Website or for listing Dealer Vehicles for sale on the Website.
A fee becomes payable to us when a Dealer Vehicle is sold via the Website and/or when you purchase a Customer Vehicle or request Services provided by us which are chargeable (Fee). Any Fee will be as notified to you. The Fee is payable immediately upon invoice and is payable in all instances.
If you fail to pay the Fee, we may suspend your access to the Website, commence legal collection proceedings, delete your details from the Website including any Dealer Vehicles listed on the Website and/or terminate the contract.
You must communicate with the Customer via the Website and/or your account manager. Should you choose to provide your contact details to the Customer, you do so at your own risk.
If you are introduced to a Customer via the Website and wish to purchase the Customer Vehicle and/or sell a Dealer Vehicle, the transaction must be completed via the Website.
Customers are responsible for providing details of Customer Vehicles. Whilst we may carry out some background checks or an inspection on the Customer Vehicle, you are responsible for carrying out your own due diligence on the Customer Vehicle and should not rely solely on information provided by the Customer and/or us.
On request we can arrange transportation of the Customer Vehicle on your behalf, subject to payment of our fee. We are not responsible for providing the transportation nor do we have any liability other than arrangement of such transportation. We provide no guarantees as to the quality, title or quality of the Customer Vehicles. You are responsible for paying the cost of the transportation.
When you list a Dealer Vehicle on the Website you are responsible for providing appropriate pictures and an accurate description of the Dealer Vehicle.
You must not list or attempt to sell any Dealer Vehicle on or via the Website which is not road legal, illegal or stolen.
The Dealer Vehicle will remain on the Website until we are informed that it has been sold. We hold no responsibility for the timeliness of removal of Dealer Vehicles from the Website.
If you reach an agreement for a Dealer Vehicle with a Customer, at this point a contract will come into existence between you and the Customer.
You warrant that Dealer Vehicles will be of satisfactory quality and fit for purpose, including being road legal.
The Sale Price for the Dealer Vehicle is to be agreed with the Customer. The Customer is responsible for arranging payment of any sums directly to you.
Once an agreement has been reached for the Dealer Vehicle between you and a Customer, if you wish to make any changes, please contact the Customer.
We reserve the right at our complete discretion to remove you or any Dealer Vehicle from the Website. This may be, for example, if you receive negative feedback from Customers, fail to provide a Dealer Vehicle, or list Dealer Vehicles for sale which breach these Terms.
You agree that you will:
If and to the extent that Exchange My Car processes any personal data on behalf of the Dealer, the parties acknowledge that for the purposes of the Data Protection Legislation, the Dealer is the data controller (Data Controller) and Exchange My Car is the data processor (Data Processor).
All parties will comply with all applicable requirements of the Data Protection Legislation.
The Data Processing Appendix sets out the scope, nature and purpose of processing by the Data Processor, the duration of the processing and the types of personal data and categories of data subject in relation to Properties.
The Data Controller will:
The Data Processor shall, in relation to any personal data processed by the Data Processor in connection with performance of its obligations under these Terms:
The Data Controller consents to the Data Processor appointing third-party processors of personal data under these Terms and the Data Processor shall provide the Data Controller with a list of current sub-processors on request. The Data Processor confirms that it has with the third-party processor entered into a written agreement substantially on that third party's standard terms of business. Prior to appointing any other sub-processors, the Data Processor shall give the Data Controller 30 days’ prior notice after which time the Data Controller shall have 90 days’ to terminate the agreement if the Data Controller does not agree to the appointment. As between the Data Controller and the Data Processor, the Data Processor shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this provision.
IF WE SUFFER ANY LOSSES AS A RESULT OF YOUR ACTS OR OMISSIONS, YOU SHALL INDEMNIFY US IN RESPECT OF ALL LOSSES SUFFERED BY US.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or if there is a change to the way we contract business. We will give you at least 30 days’ notice of any change by sending you a notification with details of the change or notifying you of a change when you next start the Website. If you do not accept the notified changes you will not be permitted to continue to use the Website.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
Subject to the paragraph above:
The Website is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Website. Although we make reasonable efforts to update the information provided by the Website, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website.
The Website has not been developed to meet your individual requirements. Please check that the facilities and functions of the Website meet your requirements.
If our support for the Website is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
Either us or you may at any time set off any liability of the other party against any liability of owed to the other party, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this agreement. Any exercise by us or you of its rights under this paragraph shall not limit or affect any other rights or remedies available to it under this agreement or otherwise.
We may end your rights to use the Website at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Website:
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the Website in the English courts.
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