carwow, website terms of use

By using our site you accept these terms

By using our sites, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our sites.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to our privacy policy which also applies to your use of our site. Our privacy policy provides details on how you can change your cookie preferences at any time.

We may make changes to these terms and our site

We amend these terms from time to time. The amended terms will be posted on this site, and will become effective from the date they are posted. Your continued use of the site after any such post will constitute your acceptance of, and agreement to, any changes.

We may update and change our sites from time to time.

We may suspend or withdraw our sites

Our sites are made available free of charge.

We do not guarantee that our sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal but this may not always be possible.

You are responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. Unless caused by our negligence, we will not be liable for any loss you might suffer if a third party gains unauthorised access to your account.

We have the right to disable any user identification code, account or password, whether chosen by you or allocated by us, at any time, and cease dealing with you if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or if in our reasonable opinion you have used language or conduct that is threatening, abusive, defamatory, discriminatory, offensive, racist or obscene in communications with carwow employees or car dealers or partners.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@carwow.co.uk, hola@carwow.es or hallo@carwow.de

Uploading photos of your car and providing information

If you use our sites to sell your car, you warrant that any photos you upload of your car have been taken by and/or are owned by you. You grant us a non-revocable, worldwide, perpetual, royalty free, non-exclusive, sublicensable and fully transferable licence to use, reproduce, display, sell, modify and edit those photos. You waive any moral rights you may have in any photos uploaded. You warrant and represent that you have all rights necessary to grant us these rights. You warrant that any photos and information provided regarding a vehicle for sale is true and accurate and that you have the right to sell the vehicle.

You warrant and agree that any and all materials which you contribute to or send us via our sites must;

1. be accurate (where they state facts);
2. be genuinely held (where they state opinions); and
3. comply with all applicable rules and regulations and English law.

You warrant and agree that any and all materials which you contribute to or send via our sites must not:

1. be unlawful, harmful, threatening, slanderous, defamatory, libellous, obscene, harassing or racially, ethnically offensive or otherwise objectionable to us;
2. be a breach of a third parties property, right or intellectual property rights;
3. facilitate or promote illegal activity;
4. be or contain anything which is technically harmful (including, without limitation, distributed denial of attack service, a computer virus, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5. infringe the intellectual property rights or other rights of any third party;
6. promote unlawful violence, discriminate based on race, gender, colour, religious belief, sexual orientation, disability; or
7. be fraudulent or misleading.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, is defamatory or breaches their right to privacy, including, trolling, cyber bullying and harassment. We also have the right to disclose your identity and other information you have provided to us where we are under a duty to disclose or share your personal information with a third party in order to comply with any legal obligation or to enable the Police or Trading Standards to investigate potential illegal activity.

We will not be responsible or liable to you or any third party, for the content or accuracy of any content posted by you or any other user of our site as defined in Electronic Commerce Directive 2000/31/EC as amended from time to time.

You shall hold harmless and indemnify us and its affiliates, officers, third parties, agents and employees from any claim, action or proceedings arising from or related to any third party claims made against us due to you uploading content or posting comments on our site, including but not limited to any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

You are solely responsible and liable for any interaction with a third party via our site.

You are solely responsible for maintaining and protecting your content and your account on our site. You are solely responsible and liable for securing and backing up your content.
We have the right to remove any posting you make on our site if, in our sole opinion, your post does not comply with our content standards.

When you provide us with details of a car you wish to sell we reserve the right (but have no obligation to) to conduct checks such as a HPI check.

Receiving offers on our sites

We do not buy or sell cars. We enable car dealers and other partners to provide you with offers for the sale, lease or purchase of cars through our sites (“Offers”). If you decide to buy or lease a car from a car dealer, or sell a car you will be entering into an agreement with that party. We are not a party to that agreement. Any arrangements made between you and third parties which may be introduced to you through the site are at your sole risk and responsibility. You must carefully check the terms of any arrangements or contracts with third parties. All communications between you and any of our dealers or partners are subject to the terms and conditions of that dealer or partner, and we accept no responsibility or liability for any deal, car purchase, payment or disputes that may arise between you and the dealer or partner.

Where you are using the site in order to find a car for purchase by showing an Offer to you through our sites, the dealer is not committed to sell or lease a car for that price, and by viewing or accepting an Offer through our sites, you are not committed to buying or leasing a car from that dealer. We cannot guarantee that you will receive any Offers, or whether any Offers will be issued. We are not obliged to review Offers, but may do so as part of our ongoing commitment to customer service or if you ask us to. We, or the dealer, may choose to edit or remove Offers at any time.

When selling your car we cannot guarantee that you will receive any Offers. Any Offer by a dealer does not commit the dealer to buy your car and by proceeding you are not committed to selling your car to that dealer for that price. There is no guarantee of the sale of your car. The initial valuation quote for your car may not be accurate. The dealer reserves the right to amend the initial quote and re-value the car upon making a physical inspection. This may reduce the initial quoted value. Car returns or refunds are entirely between you and the dealer.

How you may use material on our sites

We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Some material on our site may be subject to the copyright rights of our partners.

You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.

You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on these sites

The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.

Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete or up to date.

We are not responsible for websites we link to

Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

If you are a consumer:

• 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 and for fraud or fraudulent misrepresentation.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our sites or any content on it.
• 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:
  • use of, or inability to use, our sites; or
  • use of or reliance on any content displayed on our sites.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are using our Sites on behalf of a business, that business accepts these Terms and Conditions. The business will indemnify and hold harmless us and our affiliates, officers, agents and employees from any costs, claims, actions, demands, damages or expenses (including reasonable legal expenses) arising from or related to the use of the sites or breach of these Terms and Conditions.

If you are a trader acting in the course of your business, you are not permitted to pass yourself off as a private seller.

We make this site available for United Kingdom residents over the age of 18 only. We have sites in Germany and Spain available to residents of those countries.

If you are a consumer user:

• Please note that we only provide our sites for domestic and private use. You agree not to use our sites 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 or any indirect or consequential loss or damage.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation limited to a maximum of the value of a like for like replacement of the device or digital content.

How we may use your personal information

We use your personal information as set out in our Privacy Policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.

You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or relevant local laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.

We will not be liable for any loss or damage caused by a virus, trojan, distributed denial-of-Service attack, or other technologically harmful material that may infect your computer equipment, computer programs, mobile, tablet device, apps, data or other proprietary material due to your use of our sites or to you downloading any content on it, or on any website linked to our sites.

Which country's laws apply to any disputes?

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.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Special offers

Sometimes we offer, or make available through our site special offers which may be governed by additional or alternative terms and conditions with us, or other third parties (including third party privacy policies). Where you take up any such offer, please review these additional terms and conditions carefully.

Unenforceable provisions

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable under applicable law, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Our trade marks are registered

carwow and the carwow logo are registered trade marks of carwow Ltd. You are not permitted to use them without our approval.