Terms and Conditions

Who we are and what this agreement does

 

Under Section 1 of these Terms, we licence 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 which are prospective, current or past customers of exchangemycar.co.uk who make an enquiry, register an account, place a request and/or an order  (“Customer”) to connect with one or more of our registered third party service providers (“Professionals”, “Partners”, “Car buyers”, “Vehicle buyers”, “Car sellers” and/or “Vehicle sellers” ) with a view to receive their services of car buying and/or selling. If and to the extent that we provide services, we shall provide such services with reasonable skill and care. The Website also provides Customers with vehicle data services to:

1. Find out a vehicle’s MOT history
2. Find out a vehicle’s compliance with London’s ULEZ
3. Find out a vehicle’s tax status
4. Find out a vehicle’s history

 

Section 3 of these Terms applies in all cases.

Your Privacy

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.

 

a) Support

If you want to learn more about the Website or have any problems using it please contact our customer service team at support@exchangemycar.co.uk.

b) 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 support@exchangemycar.co.uk or write to us. Our address for service of letter correspondence is:
Exchange My Car Limited, Manufactory House, Bell Lane, Hertford, SG14 1BP

c) How we will communicate with you:

 
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.

How you may use the website

 
You may only use the Website for your own personal use, unless you are a registered Partner/Professional or supplier to Exchange My Car.

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 their privacy policies (if any). This includes the website of any Partners or other websites linked in our blogs and website content. 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.

Licence restrictions

 
You agree that you will:

1. not rent, lease, sub-license, loan, provide, or otherwise make available, the Website in any form, in whole or in part to any person without our prior written consent;
2. not copy the Website, except as part of the normal use of the Website or where it is necessary for the purpose of back-up or operational security;
3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Website nor permit the Website any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Website on devices as permitted in these terms;
4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Website to obtain the information necessary to create an independent program that can be operated with the Website or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
5. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
6. is not used to create any software that is substantially similar in its expression to the Website;
7. is kept secure; and only for the Permitted Objective;
8. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Website.

 

6. Acceptable use restrictions

 
You must:

1. not use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any operating system;
2. not infringe our intellectual property rights or those of any third party in relation to your use of the Website, including by the submission of any material (to the extent that such use is not licensed by these terms);
3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website;
4. not use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

 

7. 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 as a Customer (additional terms).

This section applies whenever you use the Website and/or our services as a Customer. Please read these terms carefully before you register with the Website, view the Website or use our services.

 

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.

Partners

 
You are responsible for providing accurate and complete details of your vehicle and the vehicle must:

1. be your property to sell;
2. not be a third party vehicle, illegal or stolen.

 
We will present the information you provide to one or more of our Partners based on their individualised criteria.
You may then be redirected to the Partner’s website to continue the process or they may contact you with information on how to proceed.
Partners are independent providers, not our employees or workers. Other than any services we provide, we have no involvement in the sale/ purchase of a vehicle.
You are under no obligation to accept the terms of any offer, and you may cancel the process at any time before entering into a contract with the Partner.
You must always complete your own due diligence on the Partner and any vehicles purchased from any Partner before completing or agreeing a transaction. We make no warranties or have any liability in respect of any Partner.
We cannot guarantee that you will reach agreement with any Partner in respect of any vehicles.
If you reach agreement with the Partner in respect of any vehicle, at this point a contract will come into existence between you and the Partner and any terms and conditions imposed by the Partner will apply in addition to these Terms.

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 use 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. You should therefore check these Terms of Conditions whenever you return to our Website to see whether any changes have been made, as these will be binding on you.

Our responsibility for loss or damage suffered by you

 
Exchange My Car shall have no liability to you whatsoever in respect of the provision of our services and / or your dealings with any of the Professionals who are listed on the Website.

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 will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our services. In particular, we will not be liable for:

 

3. Limitations to the Website

 
The Website is provided for general information, entertainment and services facilitation 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.   
 

4. 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.

5. 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 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.

6. Right to set off

 
Either us or you may at any time set off any liability of the other party against any liability 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.

7. 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:

1. you must stop all activities authorised by these terms, including your use of the Website.
2. you must delete or remove the Website from all devices in your possession and immediately destroy all copies of the Website which you have and confirm to us that you have done this.

 

8. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

9. 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.

10. 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.

11. If a court find 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.

12. 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.

13. Which laws apply to this contract and where you may bring legal proceedings

 

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.