RMC SELLER SERVICE TERMS

Remove My Car Limited, a company registered in England and Wales (No. 07978223) with a registered office at: Gemini House, Hargreaves Road, Swindon, SN255AZ, hereinafter referred to as ‘RMC’ or ‘We’ set out the following terms and conditions upon which RMC offers a RMC Seller (which may either be a RMC Public Seller, a RMC Trade Seller or a RMC Trade Member as the case may be) herein referred to as ‘You’ and ‘Your’ a licence to use www.removemycar.co.uk (the ‘Site’) and the RMC Interactive Services (the ‘Terms’). These RMC Seller Service Terms incorporate the Privacy Policy, the Website Terms of Use and the Cookie Policy by this reference (collectively called the ‘Licence’). These Terms shall remain in full force and effect to the extent that a RMC Seller makes use of the Site and/ or the RMC Interactive Services (including during which any UGC remains displayed on, or stored by, the Site) unless terminated by You or by RMC in accordance with the terms herein.

1 DEFINITIONS

The definitions to be read with these Terms are set out in full at Clause 22.

2. GENERAL

2.1 By using any of the RMC Interactive Services and the Site, You expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site and the RMC Interactive Services. These Terms form a legally binding agreement between You and RMC in relation to Your use of the RMC Interactive Services and applies to all RMC Users of the Site and the RMC Interactive Services as applicable who may also be contributors of UGC posted on the Site.

2.2 As an intermediary host advertiser and RMC Auction Platform provider, RMC is dedicated to facilitating an online venue whereupon RMC Users can interact with RMC and each other as a RMC Buyer Member or a RMC Seller of Vehicles via the Site and where RMC Sellers can get the best price for the Vehicle they wish to sell, or dispose of, from fully licensed, reputable and professional RMC Buyer Members acting throughout the RMC Buyer Network.

2.3 Subject at all times to the RMC Seller not being in breach of any of these Terms, RMC are dedicated to facilitating an exclusive online open marketplace where:

A. RMC Sellers can, inter alia:

(a) input RMC Valuation Information to receive a RMC Valuation Offer for FREE which can be accepted by the RMC Seller;

(b) choose to send Your Vehicle to the RMC Auction for FREE which is accessible by the vast RMC Buyer Network by simply inputting RMC Listing Information on to the RMC Auction Platform to create a RMC Listing to take place during the RMC Auction Window within the RMC Auction Opening Times (subject to successful verification and acceptance of the terms of the Licence);

(d) choose to accept or not to accept either the RMC Valuation Offer and/ or the RMC Auction Offer at Your sole discretion;

(e) avail of having Your Vehicle collected for FREE;

(f) avail of the RMC Listing Quota as set out in the RMC Seller Listing Rules;

(g) contact the RMC Buyer Member at any time if You have any Special Requests during the Completion Period;

(h) access and view, by way of Your RMC Seller Login (or Your RMC Trade Login), the progress of Your RMC Listing in real-time by viewing the Current Bid and the RMC Auction Clock;

(i) have Your Acceptance Details promptly transferred to the RMC Buyer Member via the RMC Auction Platform to assist a smooth and hassle-free Transaction during the Completion Period;

(j) complete the Transaction off the Site direct with the RMC Buyer Member at the Collection Point (subject to the due submission and verification of the Acceptance Details having been input on the Site as required during the Acceptance Process or duly provided by You upon Collection as permitted); and,

(k) avail of any other features that RMC may add from time to time.

B. Additionally, RMC Trade Sellers can inter alia:

(a) register to have a RMC Trade Account accessible via a RMC Trade Login subject to meeting the RMC Trade Criteria upon registration;

(b) sell unlimited numbers of Vehicles during the RMC Auction Opening Times beyond the RMC Listing Quota;

(c) avail of storage of Your RMC Trade Auction Records accessible via Your RMC Trade Account which can be downloaded by You for Your records; and,

(d) avail of any other features that RMC may add from time to time.

(‘RMC Interactive Services’)

2.4 The RMC Interactive Services include, but are not limited to, the provision of an online RMC Auction Platform from where the RMC Interactive Services and useful information about the RMC Interactive Services and the Vehicle industry in general can be accessed. To the extent permitted by the functionality of the RMC Interactive Services and under these Terms, UGC can be uploaded and posted by a RMC Seller to the Site.

2.5 You should read these Terms carefully and ensure that You understand the effect before proceeding to use the Site and/ or the RMC Interactive Services. If You disagree with any part of these Terms, do not use the Site for the purpose of the RMC Interactive Services. If You violate these Terms, RMC may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.

2.6 RMC reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that RMC will treat Your use of the Site and/ or the RMC Interactive Services as acceptance of the these Terms including Your continued use subsequent to any changes being posted on the Site.

2.7 Words denoting an obligation on a RMC User to do any act, matter or thing includes an obligation to procure that it be done and words placing a RMC User under an obligation or a restriction include an obligation not to permit or allow infringement of the obligation or restriction.

3. RMC SELLERS: RMC VALUATION OFFER

3.1 RMC Users agree to comply with thes Terms in full as applicable. Whether registered with a RMC Trade Account or not, any RMC Seller may input the basic RMC Valuation Information in to the Site which consists of the Vehicle registration and Your postcode (of where the Vehicle is located and from where it is intended to be collected from) in order to receive an instant RMC Valuation Offer.

3.2 You can choose not to accept the RMC Valuation Offer at the relevant time and re-visit the Site at any time to receive a new RMC Valuation Offer which may be the same, higher or lower than the initial RMC Valuation Offer. Alternatively, You can send Your Vehicle to the RMC Auction to see if You can get a better offer. You can do this immediately or at another time by re-entering Your RMC Valuation Information in to the Site and by opting to create a RMC Listing by following the online steps in accordance with Clause 6. If You choose to accept any RMC Valuation Offer, You can do this immediately and complete the process by proceeding to input Your Acceptance Details.

4. REGISTRATION FOR RMC AUCTION (FOR RMC SELLERS WTH NO RMC TRADE ACCOUNT)

4.1 In order to make use of the RMC Interactive Services to access the RMC Auction Platform and to authorise Your RMC Auction to go live, unless You have a RMC Trade Account with a RMC Trade Login (as described further in Clause 5), You will undergo a simple verification process. The RMC Seller will receive a PIN (‘RMC Code’) via email or SMS (depending on Your selection upon creating the first step of Your RMC Listing) (‘Verification Communication’).

4.2 You will be asked to input Your RMC Code in to the Site in order for RMC to verify Your email address and/ or Your mobile phone number (‘RMC Seller Login’). Once You have been successfully verified and You have accepted the Licence, a legally binding contract is formed between You and RMC, thereby permitting You to make full use of the RMC Interactive Services and to fully create Your RMC Listing to sell one or more Vehicles!

4.3 You will be able to monitor the progress of Your RMC Auction in real-time at any time by logging in to the Site using the Your RMC Seller Login. Once the RMC Auction Window expires and the RMC Auction has ended, RMC will send You a RMC Auction Completion Notification. If you choose to accept the RMC Auction Offer, You will be able to log back in to the Site using Your RMC Seller Login in order to input Your Acceptance Details. You must accept the RMC Auction Offer within the RMC Auction Offer Validity Period failing which, the RMC Code in Your RMC Seller Login and the RMC Auction Offer will expire.

4.4 Without limiting any other remedies of RMC under these Terms, RMC reserves the right (but does not assume the obligation) to suspend and/or terminate Your access if RMC has any reason to suspect that You have engaged in, or have in any way been involved in, or linked to, any fraudulent activity in connection with any RMC Auction or Your use of the Site or that You have misused the Site or the RMC Auction Platform or breached your obligations under these Terms.

5. REGISTERING FOR A RMC TRADE ACCOUNT

5.1 To make optimum use of the Site and the RMC Interactive Services, RMC Trade Sellers can register for RMC Trade Membership and avail of a RMC Trade Account with certain RMC Trade Membership benefits which shall be accessible by way of a RMC Trade Login.

5.2 If You are registering on behalf of a business entity, You represent and warrant that You have authority to bind the entity to these Terms. Without prejudice to Your warranty, We reserve the right to ask You for written authority from the business entity before registering any business entity.

5.3 RMC Trade Sellers must meet certain basic RMC Trade Criteria by filling out an online Trade Registration Form and by providing RMC with inter alia, Your email and/ or mobile phone number. It is in RMC’s absolute discretion to decide if You qualify (or continue to qualify) as a RMC Trade Member. You must comply with all requests RMC may make for proof of identity and references as to character and/ or financial standing. RMC reserves the right to decline any application for Trade Membership, and to terminate Your RMC Trade Membership at any time, with or without notice or cause and in its entire sole discretion. The Personal Data that You provide must be true, accurate and complete at all times.

5.4 Upon successfully registering, You will receive a link in an email which requires You to click on it to verify Your email address (‘Membership Confirmation Email’). This helps us to reduce spam. You will be transferred back to the Site where You can enter Your email and choose a password (or RMC will issue You a RMC Trade Password which You can change thereafter). Once verified successfully, Your RMC Trade Password and Your email address will represent Your RMC Trade Login which You can use to access Your RMC Trade Account via the Site in accordance with these Terms.

5.5 You will keep Your RMC Trade Login relevant to the Site and the RMC Interactive Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your RMC Trade Login. We do not necessarily have the means to check the identities of all persons using the Site and will not be liable where Your RMC Trade Login is unlawfully used by another.

5.6 You agree to notify RMC immediately by email to accounts@removemycar.co.uk of any unauthorised use of Your RMC Trade Login or RMC Trade Account of which You become aware (with “IMPORTANT” in the subject line). You will not create additional accounts for the purpose of abusing the functionality of the Site or other registered RMC Trade Members or for any other reason in breach of these Terms.

5.7 RMC Trade Members can cancel their RMC Trade Account (and therefore RMC Trade Membership) at any time by accessing Your RMC Trade Account and following the online steps. Alternatively, You can request that RMC deactivates Your RMC Trade Account by sending an email to accounts@removemycar.co.uk with “URGENT – CANCELLATION REQUEST” in the subject line.

5.8 Although RMC cannot monitor the conduct of RMC Trade Members and RMC Buyer Members off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any RMC User without their prior explicit consent.

5.9 You may not transfer ownership or sell Your RMC Trade Account to a third party.

5.10 RMC Trade Members who do not comply with these Terms may be subject to review, which can result in suspension of RMC Trade Account privileges and/or termination. This includes all accounts by virtue of association. RMC reserves the right to suspend or terminate a RMC Trade Account at any time.

5.11 RMC reserves the right to delete Your RMC Trade Account after a twelve (12) month long continuous period of inactivity. To continue to be eligible for a RMC Trade Account, You need to sell a minimum of six (6) Vehicles on the RMC Auction Platform per annum.

6. RMC LISITNG PROCESS

6.1 RMC Sellers who choose to send Vehicles to the RMC Auction can do so for FREE. The RMC Seller can get the RMC Listing in front of the RMC Buyer Network by simply inputting RMC Listing Information on to the RMC Auction Platform in order to create a RMC Listing. The RMC Auction shall take place during the RMC Auction Opening Times.

6.2 The RMC Valuation Offer represents the RMC Starting Price for Your RMC Listing. Once listed, the RMC Seller can monitor the progress of the RMC Auction in real-time.

6.3 All RMC Auctions are subject to the RMC Seller Listing Rules as follows:

(a) RMC Sellers who do not have a RMC Trade Account cannot re-list the same Vehicle prior to the expiry of the RMC Auction Offer Validity Period and cannot list more than three (3) different Vehicles per day (‘RMC Listing Quota’);

(b) RMC Trade Members are not subject to the RMC Listing Quota and may freely create RMC Listings as and when desired;

(c) all RMC Sellers shall act honestly and in good faith at all times and shall provide accurate and complete RMC Listing Information and Acceptance Details;

(d) all Vehicles and everything in or attached to the Vehicle (including parts) are included in the RMC Listing and are sold in their current state and location with all faults and imperfections unless expressly stated otherwise in the RMC Listing Information;

(e) a RMC Seller shall not be entitled during any RMC Auction to submit a bid (directly or indirectly) in respect of any RMC Listing in respect of which they are the RMC Seller;

(f) a RMC Seller shall not do anything or take any course of action which could affect the outcome i.e. the RMC Auction Price;

(g) in creating a RMC Listing, the RMC Seller must not establish a link to any website or other area or include any publicity, advertisement or other statement relating to any goods or services except where such link, publicity, advertisement or other statement relates directly to the Vehicle which is the subject matter of such RMC Listing;

(h) unfair and unlawful commercial practices of any kind will not be tolerated and may be reported to a competent authority including shill bidding, bait advertising and sock-puppetry;

(i) a RMC Seller must not do anything which would damage or otherwise affect the proper operation of the Site.

6.4 Once the RMC Auction is finished, RMC will send the RMC Seller a RMC Auction Completion Notification. You then have seven (7) days to accept the RMC Auction Offer during the RMC Auction Offer Validity Period failing which the RMC Auction Offer shall expire. For the avoidance of doubt, You can choose not to accept either the RMC Valuation Offer and/ or the RMC Auction Offer at Your sole discretion.

6.5 If You choose to accept the RMC Auction Offer immediately, You can do this. If You choose not to accept it immediately but still during the RMC Auction Offer Validity Period, You can log back in to the Site using Your RMC Seller Login or Your RMC Trade Login as applicable.

6.6 Upon acceptance of a RMC Offer, RMC will send You a RMC Acceptance Email when You accept the RMC Price and will further send You a Collection Confirmation Email thereafter once the RMC Seller and the RMC Buyer Member have agreed the Final Collection Details. These Final Collection Details shall form part of the RMC Purchase Contract and must be adhered to at all times. If for some unforeseen intervention or circumstance, You need to re-arrange collection for a different time, You agree to notify RMC immediately by email to info@removemycar.co.uk and in any event within twenty-four (24) hours of the planned collection. If You fail to notify us of cancellation and the recovery driver completes all or part of the journey to the Collection Point to no avail, RMC shall be entitled to charge You a RMC Call Out Charge to the sum of one pound (£1) per mile in respect of the recovery driver’s one-way journey to the Collection Point or the sum of sixty pounds (£60.00), whichever is the greater.

6.7 Each RMC Offer is what it says on the tin i.e. an ‘Offer’ made by a RMC Buyer Member. Once You accept the RMC Offer (and subject to compliance with all the terms herein), a legally binding RMC Purchase Contract is formed between the RMC Seller and the RMC Buyer Member which unless otherwise specified in writing by the RMC Seller, shall incorporate these Terms.

6.8 Upon acceptance of the RMC Auction Offer, You are required to submit the Acceptance Details which comprise the Collection Details (which do not have to match the registered keeper details), Payment Details and any Special Requests all of which must be truthful, accurate and complete.

6.9 In order to comply with the SMDA 2013, You acknowledge that You must submit a copy of the photo I.D. and utility bill (which shall be no older than three (3) months) of the person dealing with the sale/ disposal which MUST have matching addresses (which may or may not be the registered keeper) as well as a photo of Your Vehicle and the V5C (‘SMDA Requirements’). The Site provides You with the optional functionality to upload this information to fulfil the SMDA Requirements upon inputting Your Acceptance Details, failing which, You are under a contractual obligation to do this upon collection of Your Vehicle.

6.10 Upon completing the online Acceptance Process, the RMC Buyer Member shall promptly (and in any event within two (2) Working Hours) initiate contact with the RMC Seller to discuss the necessary arrangements regarding the Final Collection Details and payment of the RMC Auction Price. The Transaction should be completed within the seven (7) day Completion Period.

6.11 RMC or the RMC Seller may in its absolute discretion at any time withdraw any RMC Listing from the RMC Auction and choose not to accept a RMC Auction Offer. RMC shall not be responsible for any default of the RMC Seller or the RMC Buyer Member.

6.12 RMC shall send You a RMC Auction Feedback Request Email upon the expiry of the Completion Period.

6.13 IMPORTANT: RMC provides an exclusive open marketplace through which RMC Sellers and RMC Buyer Members can co-exist. For the avoidance of doubt, the Transaction shall take place off the Site directly between the RMC Seller and the RMC Buyer Member. RMC do not create any RMC Listings or take ownership of any RMC Listings. RMC does not bid on any RMC Auctions, make any RMC Auction Offers or purchase any Vehicles listed. Further, RMC are not party to any RMC Auction Purchase Contract that may ensue when a Transaction takes place off the Site when a Vehicle is subsequently sold and purchased. The RMC Seller further acknowledges and agrees that RMC may have many other RMC Listings on the Site concurrently and RMC has no responsibility whatsoever for the successful marketing, promotion and consequent sale and purchase of any Vehicle which originates from a RMC Listing via the RMC Auction Platform, all of which are the sole responsibility and obligation of the RMC Seller and RMC Buyer Member (where applicable). The RMC Interactive Services offer no advice, recommendations, endorsements or legal representation under any circumstances.

7. CHARGES & PAYMENT OF RMC AUCTION PRICE

7.1 No fees or charges are applicable as between RMC and the RMC Seller who can fully avail of the RMC Interactive Services including the RMC Auction Platform for FREE.

7.2 RMC collects the Payment Details during the Acceptance Process and provides these to the RMC Buyer Member to facilitate a smooth and quick Transaction takes place during the Completion Period.

7.3 The RMC Auction Price shall be payable by the RMC Buyer Member to the RMC Seller at the Collection Point by BACS or cheque or as otherwise agreed. Cash payments shall not be acceptable.

7.4 VAT or any other tax will be added to the RMC Auction Price at the prevailing rate where applicable.

7.5 In the event that the RMC Buyer Member delays in paying the RMC Auction Price without good and legal cause, the RMC Seller shall be entitled to charge interest on the amount outstanding from the due date to the date of receipt by the RMC Seller (whether or not after judgment) under the Late Payment of Commercial Debts (Interest) Act 1998. No interest shall be payable by any party where the RMC Seller chooses to avail of the RMC Payment Guarantee.

8. TITLE AND RISK

8.1 Title in a Vehicle shall not pass until the RMC Auction Price has been received in full and cleared funds by the RMC Seller. Risk shall pass to the RMC Buyer Member upon collection.

8.2 Where the RMC Buyer Member has obtained possession of a Vehicle before payment in full has been made, the RMC Buyer Member acknowledges and declares that it holds the Vehicle on a fiduciary basis as mere bailee for the RMC Seller and shall store the Vehicle (at no cost to the RMC Seller) clearly marked to identify it as the RMC Seller's property and grants to the RMC Seller the right to enter upon any premises where the Vehicle is located or believed to be located for the purposes of recovering the Vehicle.

9. RMC OBLIGATIONS

RMC agrees to:

(a) provide the RMC Interactive Services with all due care, skill and ability and in the best interests of a RMC User;

(b) devote as much time to the provision of the RMC Interactive Services as may be necessary for their proper performance;

(d) provide promptly and give to a RMC User all such information as they may reasonably require in connection with the provision of the RMC Interactive Services; and,

(e) provide a response in a timely manner to any requests for technical support (in relation to the use of the Site only).

10. DISPUTES

10.1 RMC encourages all RMC Users to act in good faith to resolve their own Disputes and the parties acknowledge and agree that they shall attempt in good faith to resolve any Dispute promptly through negotiations.

10.2 All Disputes reported to RMC by a RMC User via the Site will be investigated at RMC’s option upon request by the RMC User. There is no obligation, legal or otherwise on RMC to investigate or mediate on Disputes.

10.3 You must inform RMC promptly of any Dispute and in any event, preferably within the Completion Period.

10.4 If RMC elects to provide assistance, You agree to cooperate fully with RMC and all parties involved in resolving the Dispute.

10.5 RMC reserves the right to suspend or cancel Your RMC Auction or Your RMC Trade Account with immediate effect while an investigation is conducted. Your RMC Auction or Your RMC Trade Account may be reactivated once the investigation has been completed.

10.6 The consequence of any investigation instigated by RMC is entirely at RMC’s discretion.

10.7 In the quest for maintaining a reliable and trustworthy Site, RMC requests that RMC Users report any issues or concerns they might have e.g. RMC Users may report something to RMC that they believe renders another RMC User in breach of these Terms. If such is reported, where necessary and entirely at RMC’s discretion, RMC is entitled to carry out an investigation and all RMC Users concerned may forfeit their anonymity solely to the extent required to enable RMC to review the circumstances surrounding the Dispute. RMC will have full discretion with regards to disclosure to the accused party. RMC is further entitled to revoke the Licence granted to use the Site and the RMC Interactive Services at any time.

11. COMPLAINTS

RMC tries to meet the highest standards when providing the Site and the RMC Interactive Services. We take any Complaints We receive about this very seriously. We encourage RMC Users to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way RMC deals with any Complaint and You wish to take court proceedings, You must do this within England. Relevant English law will apply to these Terms in accordance with Clause 21.

12. PRIVACY AND CONFIDENTIALITY

RMC Users hereby agree that by releasing any Personal Data on or via the Site, You acknowledge that You are wilfully providing the same. As a RMC User, You understand that by accepting these Terms, You agree that RMC and the Site are not responsible for any advice or information disclosed as between a RMC Buyer Member (or RMC on their behalf) and a RMC Seller and that by releasing Your personal details such as Your name and mobile phone number, You do so at Your own risk and by doing so, it is understood that You hereby forfeit Your privacy and anonymity to the extent necessary to utilise the RMC Interactive Services. These Terms incorporate our Privacy Policy and Cookie Policy by these references which apply in full to Your use of the Site and the RMC Interactive Services.

13. DATA PROTECTION

In respect of any Personal Data (as defined in the Data Protection Act 1998 (the ‘1998 Act’)) processed by RMC or a RMC User pursuant to the Service Terms or any Contract, each warrants and undertakes to the other that it complies, and will continue to comply with, all applicable Data Protection Legislation, including the 1998 Act, any regulations made thereunder and any guidance notes or guidelines issued by the Information Commissioner; and, shall comply at all times with the terms and conditions of the RMC Privacy Policy and the RMC Cookie Policy which are hereby incorporated by this reference. RMC may release RMC User information if required by law, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.

14. FORCE MAJEURE

RMC reserves the right to cancel or defer a RMC Auction (whether or not already live) or to terminate and revoke any of these Terms with no liability if it is prevented from, or delayed in, carrying on its business by a Force Majeure Event.

15. UGC AND INTELLECTUAL PROPERTY

15.1 Whenever you make use of a feature that allows you to upload UGC to our Site, You grant the IP Licences set out in Clause 2 of the Website Terms of Use.

15.2 With the exception of UGC submitted to the Site by You, all other content and the selection and arrangement of such content on the Site is either owned by, or licensed to, RMC (‘RMC Content’), and is subject to copyright, trade mark rights, and other Intellectual Property Rights of RMC and RMC’s licensors. Such RMC Content is protected by UK copyright laws and international laws.

15.3 Any third party trade or service marks present on RMC Content not uploaded or posted by You are trade or service marks of their respective owners. Such RMC Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of RMC or, where applicable, RMC’s licensors. RMC and its licensors reserve all rights not expressly granted in and to their RMC Content.

16. WARRANTIES AND INDEMNITIES

16.1 In accordance with Clause 6.13, RMC Users acknowledge that the RMC Interactive Services are limited to providing an exclusive, open marketplace through which RMC Users can buy and sell Vehicles via a dedicated RMC Auction Platform. RMC is not itself directly involved in any Transaction. Consequently, RMC cannot transfer legal ownership of a Vehicle and cannot make any guarantees to a RMC User who enters a Transaction at their own risk. For the avoidance of doubt, RMC:

(a) has no control over the quality, morality, safety or legality of a Vehicle in a RMC Listing;

(b) does not take ownership of any Vehicles (or UGC) listed by a RMC Seller;

(c) is not legally privy to any RMC Auction Purchase Contract that may arise when a RMC Auction is completed pursuant to a Transaction;

(d) does not guarantee that any minimum or fixed number of bids will occur or that any Vehicles will be sold via the Site;

(e) does not guarantee on behalf of the RMC Seller that the RMC Listing Information and the Acceptance Details submitted by a RMC Seller are valid and accurate;

(f) does not guarantee that the RMC Buyer Member will honour the RMC Auction Price;

(g) does not guarantee any of the RMC Seller obligations on its behalf;

(h) does not guarantee any of the RMC Buyer Member obligations on its behalf; and,

(i) does not guarantee that interruptions of service on the Site will not occur during a RMC Auction or at any time.

16.2 As a RMC Seller, You warrant, represent and undertake to RMC that:

(a) You are at least 18 years of age;

(b) You will keep Your RMC Seller Login and RMC Trade Login details (as applicable), secure and confidential;

(d) You are the legal owner of the Vehicle in the RMC Listing and You have full power and authority to transfer good title free from all third party rights or claims in the Vehicle to any RMC Buyer Member;

(e) all information submitted to the Site in respect of You, the RMC Listing Information and the Acceptance Details and all other information or data is true, accurate and complete in all respects as it is understood and accepted that as a RMC Seller, You shall accept all liability for any error, omission or misrepresentation;

(f) You will comply with all applicable laws and Legislation at all times; and,

(g) You are solely responsible for any breach of Your obligations under these Terms due to Your act, omission, default or Your failure to comply with any of Your obligations under these Terms and for the consequences of any such breach or failure.

16.3 You release, acquit and forever discharge RMC from any and all Claims asserted against, or Losses suffered by You (actual and consequential, direct or indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Transaction. As the context permits, We make no warranty, and hereby further expressly disclaim any liability to You and You agree that You have no claim against RMC in connection with any Claims asserted against, or Losses suffered by You:

(a) due to the acts, omissions and conduct of any RMC Users in connection with or otherwise related to Your use of the Site and/ or the RMC Interactive Services;

(b) for any mis-descriptions, misrepresentations, inaccuracy or incompleteness in respect of the authenticity or suitability of any Vehicle as described by You in a RMC Listing (whether innocent, negligent or fraudulent);

(c) due to the RMC Buyer Member’s failure to perform, or delay in performance of, any of its obligations under the RMC Buyer Service Terms and the RMC Auction Purchase Contract;

(d) because the Trade Registration Form details You input via our Site upon registration are inaccurate or incomplete;

(e) due to Your failure or inability to use the RMC Interactive Services or any Site functionality at any point in time, or, where the Site is unavailable at any time for any period;

(f) connected to any linked third party website or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website including any third party customer/ client facing policies/ contractual terms;

(g) due to any changes which RMC may make to the RMC Interactive Services, or for any permanent or temporary cessation in the provision of the RMC Interactive Services (or any features within the RMC Interactive Services);

(h) the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the RMC Interactive Services;

(i) due to any errors or omissions in our Site or in relation to any reliance placed by You on any content on the Site or accuracy thereto; and,

(j) due to any unauthorised access or loss of Personal Data that is beyond our control.

16.4 You shall indemnify and hold harmless RMC on demand, and shall keep RMC fully and effectively indemnified against any and all Losses imposed on, incurred by, or Claims asserted against RMC, arising out of or in connection with the RMC Interactive Services including:

(a) any RMC Listing;

(b) any acceptance of a RMC Auction Offer by a RMC Seller and the subsequent Transaction;

(c) the act, omission, use, sale, resale or disposal of any Vehicle sold and purchased pursuant to a RMC Auction Purchase Contract by a RMC Buyer Member or RMC Seller; and,

(d) any breach of these Terms by a RMC User or attributable to the acts or omissions of a RMC User, its employees, sub-contractors or agents (other than and to the extent that any losses arise directly from breach of these Terms by RMC or by RMC’s negligence).

Subject to Clause 16.8, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the RMC Interactive Services.

16.5 Our sole liability and remedy to You whether in contract, tort or otherwise shall be limited to the Agreed Price in respect of the RMC Listing which is the subject of the claim giving rise to such liability in accordance with our RMC Payment Guarantee promise. In the event that a RMC Buyer Member collects the Vehicle but fails to complete the Transaction with You during the Completion Period due to no payment being received by You, the RMC Payment Guarantee entitles You, at Your option, to permit RMC to pay the Agreed Price to You PROVIDED THAT You submit Your request to avail of the RMC Payment Guarantee in writing (accounts@removemycar.co.uk) within thirty (30) days of the expiry of the Completion Period (‘RMC Payment Guarantee Validity Period’). Our RMC Payment Guarantee is subject to a maximum of one thousand pounds (£1, 000.00). For the avoidance of doubt, the RMC Payment Guarantee is Your sole remedy under these Terms and You shall have no further claim against RMC or the RMC Buyer Member in respect of the same claim or any other claim. Upon expiry of the RMC Payment Guarantee Validity Period, RMC shall have no liability to You whatsoever in respect of the same claim.

16.6 You agree that monetary damages may not provide a sufficient remedy to RMC for violations of these Terms and You consent to injunctive or other equitable relief for such violations.

16.7 You acknowledge and agree that to improve the Site and/ or the RMC Interactive Services, RMC may stop (permanently or temporarily) providing the RMC Interactive Services (or any features within the RMC Interactive Services) to You generally at RMC's sole discretion, without prior notice to You.

16.8 Nothing in these Terms is intended nor shall it be construed as an attempt by any party to exclude or limit any liability for:

(a) fraudulent misrepresentations;

(b) any liability where the law does not permit such exclusion of liability; and,

16.9 Subject to Clause 16.8 and except as expressly set out in these Terms, RMC gives no warranties and excludes all other express or implied terms, conditions and warranties. RMC shall not be liable to You for any Claims or Losses suffered by You whatsoever at the hands of a RMC Buyer Member other than the limited RMC Payment Guarantee referred to in Clause 16.5.

16.10 Nothing in these Terms will adversely affect the statutory rights of any RMC Public Seller.

17. ENTIRE TERMS/ SEVERABILITY

These Terms incorporate the Privacy Policy, the Website Terms of Use and the Cookie Policy which together constitute the entire agreement between You and RMC in relation to Your use of the Site and/ or the RMC Interactive Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of these Terms, the remaining terms shall remain valid and in force.

18. ASSIGNMENT

These Terms shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without RMC’s prior written consent. RMC reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as RMC or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.

19. NO WAIVER

Failure by either RMC or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

20. THIRD PARTY RIGHTS

You may enforce these Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the "Act"). Except as provided above, these Terms do not create any right enforceable by any person who is not a party to it under the Act, but do not affect any right or remedy that a third party has which exists or is available apart from that Act.

21. LAW AND JURISDICTION

All of these Terms are governed by English Law and any disputes arising in relation to these Terms and/or the Site are subject to the exclusive jurisdiction of the English Courts.

22. DEFINITIONS

In these Terms (except where the context otherwise requires) the following words shall have the following meanings:

Acceptance Details: refers to the Collection Details, the Payment Details, any Special Requests and the fulfilment of the SMDA Requirements.

Acceptance Process: refers to the RMC Seller’s acceptance of the RMC Auction during the Completion Period which necessitates the RMC Seller completing the online Acceptance Details as required.

Agreed Price: refers to the RMC Auction Price as may be amended between the parties verbally or in writing during the Completion Period i.e. final agreed price which may or may not be the same as the original RMC Auction Price, rather a reduced price.

Business Day: any day (other than a Saturday or Sunday) when banks are generally open for normal business in the UK.

Claims: means all demands, claims and liability (actual and consequential and direct and indirect and whether known and unknown, suspected and unsuspected, disclosed and undisclosed, criminal or civil, in contract, tort or otherwise for all Losses including any other expenses of any nature whatsoever.

CoD: Certificate of Destruction.

Collection Confirmation Email: refers to the email that RMC sends to a RMC Seller containing the agreed Final Collection Details.

Collection Details: means those details relating to the collection of the Vehicle which are input online by the RMC Seller during the Acceptance Process.

Collection Point: refers to the pick-up location agreed as part of the Final Collection Details.

Complaint: means any dissatisfaction expressed by, or any complaint made by, a RMC User as against RMC in connection with the provision of the RMC Interactive Services.

Completion Period: refers to the period from when there is acceptance of the RMC Auction Offer and up to seven (7) days thereafter during which the Transaction should be finalised.

Current Bid: refers to the winning bid at the latest point in time.

Data Protection Legislation: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.

Dispute: means any dissatisfaction expressed by, or any complaint made by, one RMC User as against another RMC User.

DVLA Obligations: refers to the obligations to the Driver Vehicle Licensing Authority to inform them that ownership has been transferred to an individual or trade or the Vehicle is to be permanently disposed off.

Final Collection Details: refers to those details agreed between the RMC Seller and RMC Buyer Member and which are notified to the RMC Seller in the Collection Confirmation Email.

Force Majeure Event: any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, civil riot or war).

Intellectual Property Rights: refers to all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.

Legislation: all applicable laws, Acts of Parliament and Treaties and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law relating to the online sale and purchase of goods by online RMC Auction including but not limited to the RMC Auctions (Bidding Agreements) Act 1927 and 1969; the RMC Auctioneers Act 1845; Electronic Commerce (EC Directive) Regulations 2002; the Provision of Services Regulations (2009); Consumer Protection (Distance Selling) Regulations 2000 (where applicable, not currently applicable to RMC Auctions); the Unfair Terms in Consumer Contracts Regulations 1999; the Consumer Protection from Unfair Trading Regulations (2008); the Business Protection from Misleading Marketing Regulations (2008); the Environmental planning Act 1990, to be construed as including references to any amendment, modification, consolidation or re-enactment for the time being in force.

Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.

Payment Details: means those details relating to payment for the Vehicle which are input online by the RMC Seller during the Acceptance Process.

Personal Data: as defined in the Data Protection Legislation.

RMC Account: refers to either a RMC Trade Account or RMC Buyer Account.

RMC Auction Acceptance Email: refers to the email that RMC sends to a RMC Seller to confirm acknowledgment of the RMC Seller’s acceptance of the RMC Auction Offer.

RMC Auction Clock: means the online clock which counts down the relevant RMC Auction Window.

RMC Auction Completion Notification: refers to the email and/ or SMS notification that RMC sends to a RMC Seller to notify RMC Seller that the RMC Auction relevant to the RMC Listing has ended along with any final RMC Auction Offer.

RMC Feedback Request Email: refers to the email that RMC sends to a RMC Seller within seven (7) days of the expiry of the Completion Period.

RMC Auction Listing information: refers to all the information to be input in to the RMC Auction Platform when creating a RMC Listing including but not limited to information pertaining to the RMC Valuation Information, mileage, previous owners, MOT, V5C Doc, keys, alloys, car starts, photos description, collection, RMC Auction Window, finance etc.

RMC Auction Opening Times: Monday – Friday 8am – 6pm.

RMC Auction Platform: refers to the online RMC Auction platform provided to You by RMC on the Site.

RMC Auction Price: refers to the gross price to be paid by the RMC Buyer Member to the RMC Seller upon acceptance of the RMC Auction Offer.

RMC Auction Purchase Contract: means the legally binding and enforceable agreement that may be formed between a RMC Seller and a RMC Buyer Member where the RMC Seller accepts the RMC Auction Offer via the Site.

RMC Auction Offer Validity Period: the period of time for which the RMC Auction Offer remains valid before it automatically expires.

RMC Auction Window: refers to the length of time allocated to the selected RMC Auction i.e. 30 mins, 1 hour or 3 hours as chosen by the RMC Seller.

RMC Buyer Account: refers to the RMC Buyer Member’s RMC Account.

RMC Buyer Member: refers to the registered organisation which is part of the RMC Buyer Network and which is subject to the RMC Buyer Member Terms.

RMC Buyer Network: refers to the network of fully licensed, professional and reputable RMC Buyer Members who are primarily scrapyards/ dealers with whom RMC has a relationship.

RMC Buyer Member Terms: refers to the terms that govern the relationship between RMC and the RMC Buyer Member.

RMC Call Out Charge: refers to the collection charge at Clause 6.6.

RMC Content: any data or information provided by or on behalf of RMC in connection with the RMC Interactive Services.

RMC Code: refers to the unique personal identification number i.e. PIN as referred to in Clause 4.1.

RMC Interactive Services: refers to those services provided by RMC including those at Clause 2.

RMC Listing(s): refers to the listing created and posted by the RMC Seller for the RMC Auction.

RMC Listing Information: refers to the information required to be input to create a RMC Listing.

RMC Listing Quota: refers to that at Clause 6.3(a).

RMC Login: refers to the RMC Trade Login and/ or RMC Seller Login.

RMC Payment Guarantee: refers to that set out in Clause 16.5.

RMC Payment Guarantee Validity Period: refers to that set out in Clause 16.5.

RMC Public Seller: means a RMC Seller who is not from the salvage or motoring trade industry and who uses the Site and the RMC Interactive Services as a consumer with a view to selling one or more Vehicles.

RMC Seller Listing Rules: as set out in Clause 6.3.

RMC Seller Login: refers to Your RMC Login as a non-trade RMC User.

RMC Starting Price: refers to the RMC Valuation Offer which shall be the same as the starting price of Your RMC Auction for Your RMC Listing.

RMC Trade Account: means the secure account created by a RMC Trade Member upon registration and from where the same can access the RMC Interactive Services via their RMC Trade Login

RMC Trade Auction Records: means the records made available to a RMC Trade Member in their RMC Trade Account including but may not be limited to the details of each RMC Listing and the Acceptance Details.

RMC Trade Criteria: refers to the criteria that must be met to avail of RMC Trade Membership, such as e.g. whether You are a company or sole trader, have a business operating in the motor industry, are VAT registered or not, have a motor trade insurance certificate and two forms of I.D. with matching addresses.

RMC Trade Login: as referred to in Clause 5.4.

RMC Trade Member(s): refers to a registered RMC Seller who has valid RMC Trade Membership by way of a RMC Trade Account and a RMC Trade Login.

RMC Trade Membership: refers to the trade membership provided to a RMC Trade Member.

RMC Trade Password: as referred to in Clause 5.4.

RMC Trade Seller: means a non-registered RMC Seller who is from the salvage or motoring trade industry and who uses the Site and the RMC Interactive Services with a view to selling one or more Vehicles.

RMC User: means a RMC Trade Seller, a RMC Public Seller, a RMC Visitor, or a RMC Buyer Member.

RMC Valuation Information: refers to the basic information that RMC User needs to input in to the Site.

RMC Valuation Offer: an instant online quote calculated by the Site to represent the value of the Vehicle based on the RMC Valuation Information input by the RMC User at the time which shall expire if not accepted immediately.

RMC Visitor: refers to the person who visits the Site but does not progress to verification or registration.

Service Terms: refers to the RMC Seller Service Terms and the RMC Buyer Service Terms.

Site: means a website owned and operated by RMC including www.removemycar.co.uk which hosts the RMC Auction Platform.

SMDA 2013: refers to the Scrap Metal Dealers Act 2013 found here.

SMDA Requirements: as set out in Clause 6.9.

Special Requests: refers to any special requests made to the RMC Buyer Member by the RMC Seller during the Acceptance Process.

Trade Registration Form: refers to the online registration form required to be filled in by a RMC Trade Seller to complete RMC Trade Membership.

Transaction: refers to the actual sale and purchase transaction effected between the RMC Buyer Member and RMC Seller during the Completion Period including the collection of the Vehicle and the settlement of the RMC Auction Price.

UGC: means content provided/ generated by a RMC User (including RMC Listing Details and Acceptance Details) when accessing and using the RMC Interactive Services which are uploaded, embedded or otherwise displayed and/ or stored on the Site by a RMC User for any purpose including for the purposes of creating a RMC Listing, accepting a RMC Valuation Offer or a RMC Auction Offer or otherwise which may include but are not limited to text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for use by RMC, RMC Visitor or RMC User as the Site permits expressly excluding Personal Data.

VAT: means value added tax chargeable under English law for the time being and any similar additional tax.

Vehicle: refers to the vehicle that is being sold, purchased and/ or auctioned.

Verification Code: refers to the email and/ or SMS notification that RMC sends to a RMC Seller to verify the RMC Seller’s email and/ or mobile phone number.

V5C: Vehicle Registration Certificate i.e. log book.

Working Hours: Monday to Friday 8am – 6pm; Sat 8am – 1pm.