BY USING THE WEBSITE (www.exchangemycar.co.uk / www.exchangemycar.com) (WEBSITE) AND/OR USING OUR SERVICES (AS DEFINED IN THESE TERMS) YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE WEBSITE OR OUR SERVICES.
YOU MUST BE 18 OR OVER TO ACCEPT THESE TERMS AND USE THE WEBSITE OR OUR SERVICES.
WHO WE ARE AND WHAT THIS AGREEMENT DOES.
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 allows individuals to obtain a part exchange comparison price for their vehicle (Customer Vehicle) and to use our services to arrange for the sale, or part exchange, of the Customer Vehicle to an external third party (Dealer), the purchase of vehicles from Dealers (Dealer Vehicles) and leasing and finance offers from finance companies (together referred to as “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 are not responsible for any part of the sale and/or purchase of Customer Vehicles and/or Dealer Vehicles.
Dealer Vehicles are provided by Dealers who are external providers, not by Exchange My Car, to buyers (Customer).
Section 2 will apply to you if you use our Services (plus any terms imposed by Dealers, as notified to you by the Dealer).
Section 3 of these Terms applies in all cases.
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.
Please 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.
SECTION 1 - USING THE WEBSITE
SUPPORT FOR THE WEBSITE AND HOW TO TELL US ABOUT PROBLEMS.
Support. 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.
Contacting us (including with complaints). If you think the Website is faulty or mis-described or wish to contact us for any other reason please email our customer service team at email@example.com or call them on 01992 3520440.
How we will communicate with you. We will contact you regarding the quotes you generate on our website, or actions you have taken on our website (eg. request call back; ask a question; apply for finance; or others). This contact may be via email, phone, WhatsApp, SMS or by post, using the contact detail you have provided to us.
HOW YOU MAY USE THE WEBSITE
You may only use the Website for your own personal use.
UPDATES TO 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.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
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:
ACCEPTABLE USE RESTRICTIONS
INTELLECTUAL PROPERTY RIGHTS
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.
SECTION 2 – USING THE WEBSITE/SERVICES AS CUSTOMER - ADDITIONAL TERMS
WHAT THIS SECTION COVERS
This section applies whenever you use the Website and/or our Services as a Customer including when you obtain a part exchange comparison, sell a Customer Vehicle and/or purchase a Dealer Vehicle.
Please read these terms carefully before you register with the Website, view the Website or use our Services to sell and/or purchase a Customer Vehicle and/or Dealer Vehicle.
REGISTERING ON THE WEBSITE
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.
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 etc.
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 as final. 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 requested to do so, you must make the Customer Vehicle available for an inspection to verify the condition of the Customer Vehicle and to determine the Sale Price. Such inspection may be carried out by a third party or the Dealer.
If you agree to sell the Customer Vehicle to a Dealer, we will either arrange collection of the Customer Vehicle on behalf of the Dealer or you must arrange collection with the Dealer.
Dealers are responsible for 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 make no warranties or have any liability in respect of any Dealer and/or Dealer Vehicle.
We cannot guarantee 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 of the Dealer Vehicle.
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.
Where payment is made to us in respect of the Customer Vehicle or Dealer Vehicle, we will pass the balance owed to you or the Dealer (as applicable) after deducting any fees owed to us by either party.
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 Dealer.
COMMUNICATING WITH DEALERS
You must communicate with the Dealer via 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 our Services and wish to sell a Customer Vehicle and/or purchase a Dealer Vehicle, the transaction must be completed via your account manager.
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.
REMOVAL 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.
SECTION 3 - GENERAL TERMS - APPLY IN ALL CASES
CHANGES TO THESE TERMS
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.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. 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.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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.
We are not responsible for loss or damage suffered by you if you are a business. We only provide our Website and Services for domestic and private use. You agree not to use our Website or Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Website. 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.
Please back-up content and data used with the Website. 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.
Check that the Website is suitable for you. The Website has not been developed to meet your individual requirements. Please check that the facilities and functions of the Website meet your requirements.
We are not responsible for events outside our control. 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.
RIGHT TO SET OFF
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 IF YOU BREAK THESE TERMS
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 THIS AGREEMENT TO SOMEONE ELSE
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 NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
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.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
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
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.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS