RMC WEBSITE TERMS OF USE

Remove My Car Limited, a company registered in England and Wales (No. 07978223) with a registered office at: 1^st Floor, Cashs Business Centre, 228 Widdrington Road, Coventry, West Midlands, England, CV1 4PB , hereinafter referred to as ‘RMC’ or ‘We’ set out the following terms and conditions upon which RMC offers a RMC User (i.e. a RMC Visitor, a RMC Public Seller, a RMC Trade Seller or a RMC Buyer 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 Terms incorporate our Cookie Policy, Privacy Policy and the Service Terms by this reference (collectively called the ‘Licence’). Unless otherwise indicated, all definitions used in the Service Terms shall apply to these Terms.

1. GENERAL

1.1 The Site and the RMC Interactive Services may include, but are not limited to, the provision of a RMC Auction Platform whereupon User-Generated-Content (‘UGC’) may be uploaded, posted and accessed including but not limited to RMC Listing Details and Acceptance Details which may include text, reviews, articles, images, graphics, photos, stories, audio, video, software, audiovisual combinations as well as interactive features (including file-sharing facilities by way of the social media icons where applicable) 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 Your use and for the use by a RMC User to the extent permitted by the functionality of the Site.

1.2 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 and applies to all RMC Users of the Site who may also be contributors of UGC posted on the Site.

1.3 You should read these Terms carefully and ensure that You understand the effect before proceeding to use the Site. If You disagree with any part of these Terms, do not use the Site. 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. 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 Terms including Your continued use subsequent to any changes being posted on the Site.

2. IP LICENCE

2.1 When using the Site and the RMC Interactive Services, if You make use of a feature that allows You to publish any UGC via the Site by way of uploading text, comments, links, photos or otherwise contributing to publicly accessible areas of the Site, You automatically grant:

(a) to RMC, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the RMC Interactive Services, including without limitation the promotion and redistribution of all or part of Your UCG (and derivative works thereof) in any media formats and through any media channels;

(b) to each RMC User, a worldwide, non-exclusive, royalty-free licence to access Your UGC through the RMC Interactive Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the RMC Interactive Services and under these Terms.

(‘IP Licences’)

‘Publicly accessible’ areas of the Site are intended by RMC to be available to all RMC Users of the Site as well as RMC (save for that UGC which can be accessed indirectly via the worldwideweb search engines), however, only limited functionality may be available to those who have either not undergone verification and/ or registration on the Site. For example, a RMC Visitor who does not accept a RMC Valuation Offer or who does not go on to create and post a RMC Listing will not be verified or registered and will therefore be unable to access a RMC Auction to sell a Vehicle. Likewise, a RMC Buyer Member who does not register for RMC Buyer Membership will not be able to access a RMC Auction to bid on a RMC Listing.

2.2 Unless terminated (or suspended) for reasons such as those set out in the Licence or unless RMC is no longer providing the RMC Interactive Services to You, the above IP Licences granted by You terminate when You remove or delete all of Your UGC or cancel Your registration or membership. You must contact RMC by email to cancel@removemycar.co.uk to request removal or deletion of UGC or cancellation of Your registration or membership.

2.3 RMC does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it. RMC do not claim ownership of the UGC You submit or make available for inclusion on the Site. You retain all of Your ownership rights in Your UGC but You grant the limited IP Licences set out in Clause 2.1 (a) and (b).

2.4 As between You and RMC (and third parties with whom You might share Your UGC if applicable), You assert and waive any and all moral rights (if any) in Your UGC.

3. RMC CONTENT ON THE SITE

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 constitutes RMC Content and is either owned by, or licensed to, RMC and is subject to copyright, trade mark rights, and other intellectual property rights of RMC and licensors of RMC. Such RMC Content is protected by UK copyright laws and international laws. 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, the licensors of RMC. RMC and/ or its licensors reserve all rights not expressly granted in and to their RMC Content.

4. COPYRIGHT LICENCE

We will terminate the privileges of any RMC User who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, RMC Users who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the RMC User that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing RMC User’s rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a RMC User’s right to use or access the Site prior to that time if We believe that the alleged infringement has occurred.

5. VERIFICATION AND REGISTRATION

5.1 Where You are asked to input Your details in to the Site when You choose to get a RMC Valuation or to create and post a RMC Listing, the details that You provide must be true, accurate and complete.

5.2 Where You are provided with a RMC Code as part of the verification process, a RMC Password in order to monitor the progress of Your RMC Auction, a RMC Trade Password in order to manage and access Your RMC Trade Account, a RMC Buyer Password in order to access Your RMC Buyer Account and to bid on a RMC Auction, or, where You are provided with any other identification code, password or any other piece of information as part of our security procedures, You must treat such information as Confidential Information. You must not disclose it to any third party.

5.3 RMC have the right to disable any identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions herein.

5.4 If You know or suspect that anyone other than You knows Your identification code or password, You must promptly notify us at accounts@removemycar.co.uk

6. GENERAL RESTRICTIONS ON USE

Subject to the following express restrictions, RMC grants You permission to access and use the Site and the RMC Interactive Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:

(a) not to sell, license, rent, distribute or otherwise exploit any UGC or RMC Content for any other purposes without the prior written consent of RMC or the respective licensors of the UGC or the RMC Content;

(b) not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of the Site or the RMC Interactive Services, including but not limited to any UGC or RMC Content, in any medium without RMC’s prior written authorisation, unless RMC makes available the means for such activity through the functionality offered by the RMC Interactive Services;

(c) not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

(d) not to establish a link to our Site in any website that is not owned by You;

(e) not to alter or modify any part of the Site or any of the RMC Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(f) not to access UGC or RMC Content through any technology or means other than the Site itself or such other means as RMC may explicitly designate for this purpose;

(g) not to access or attempt to use the RMC Code or RMC Login of other RMC Users or penetrate or attempt to penetrate RMC’s security measures;

(h) not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the RMC Interactive Services or features that (i) prevent or restrict use or copying of UGC or RMC Content; or, (ii) enforce limitations on the use of the RMC Interactive Services or the accessible UGC or RMC Content.

(i) not to use any area of the Site or the RMC Interactive Services for any commercial purposes other than to sell and bid on the specific RMC Listing per se. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the RMC Interactive Services. We reserve the right to block access to this Site with respect to any RMC User who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these terms, or infringing RMC’s rights. Breaching any terms on the Site will be deemed to be a breach of the Licence.

(j) not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;

(k) not to attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;

(l) not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any RMC User of the Site or the RMC Interactive Services;

(m) not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching certain provisions above, You would commit a criminal offence under the Computer Misuse Act 1990. 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 Site will cease immediately. You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site. You should use Your own virus protection software.

7. PROHIBITED CONTENT

The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site (or via the Site) or in any way connected with the Site, that:

(a) is patently offensive to the online community, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b) could be harmful to minors or vulnerable adults;

(d) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(e) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(f) promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;

(g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

(h) displays pornographic or sexually explicit material of any kind;

(i) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits Personal Data from anyone under 18;

(j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(k) solicits passwords or personal identifying information for commercial or unlawful purposes from other RMC Users; and,

(l) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.

8. PRIVACY AND CONFIDENTIALITY

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.

9. AVAILABILITY AND SECURITY OF THE SITE

9.1 RMC does not warrant the validity and accuracy of information on the Site or the RMC Interactive Services or that the Site is kept up-to-date. The Site and its content and the RMC Interactive Services are delivered on an "as-is" and "as-available" basis. RMC shall use reasonable endeavours to ensure that the Site, the RMC Interactive Services and any information it holds on You are kept secure. However, due to the nature of the internet, RMC does not represent or warrant to You that:

(a) Your use of the Site and/ or the RMC Interactive Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on it;

(b) Your use of the RMC Interactive Services will meet Your requirements;

(c) any information obtained or downloaded by You as a result of Your use of the RMC Interactive Services will be accurate, reliable or free of viruses or contamination or destructive features;

(d) Your shared UGC will not be used by a third party in various ways;

(e) there will not be any defects in the operation or functionality of any software provided to You as part of the RMC Interactive Services; and,

(f) those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.

10. HYPERLINKS AND SEARCH RESULTS

The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and RMC do not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another website, You agree and understand that You may not make any claim against RMC for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another website. RMC advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit. RMC will not be liable for any loss or damage that may arise from your use of such links.

11. SUSPENSION AND TERMINATION

11.1 You acknowledge that RMC has no obligation to monitor any UGC provided by RMC Users. You further understand and agree that in RMC’s sole discretion, and without prior notice, RMC may terminate its Licence with You and may therefore choose to suspend or terminate Your access to the Site and the RMC Interactive Services at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if RMC believes that the UGC You provided has violated or is inconsistent with the Licence or has violated the rights of RMC or a RMC User. Notwithstanding this, You are solely responsible for, and bear the legal risk associated with such UGC anywhere in the world.

11.2 RMC may release RMC User information about You if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.

11.3 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.

11.4 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.

12. RMC USER WARRANTIES

12.1 You represent and warrant that:

(a) You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable RMC to use or display Your UGC in the manner contemplated by these Terms;

(b) You are happy to share Your UGC with RMC Users as the case may be who access and/ or register on the Site where applicable;

(c) You will not post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for RMC to use or possess in connection with the provision of the RMC Interactive Services; and,

(d) the UGC that You submit to RMC will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant RMC the IP Licence referred to in Clause 2 above.

13. LIABILITY

13.1 Nothing in this Clause 13 shall exclude or restrict liability for:

(a) fraudulent misrepresentations;

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

13.2 RMC shall not be in breach of any of its obligations under these Terms which arise or occur due to the act, omission, default of You or Your failure to comply with any of Your obligations.

13.3 Subject to Clause 13.1, RMC shall not 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, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of the Site and/ or the RMC Interactive Services or, any loss or damage which may be incurred by You as a result of:

(a) any breach by You of these Terms or breach of warranty by You or the acts or omissions of You including Your use of, or inability to use, the Site and/ or the RMC Interactive Services;

(b) any reliance placed by You on the completeness, accuracy or existence of any UGC (including RMC Listings) or RMC Content;

(c) 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);

(d) 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;

(e) the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and,

(f) 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.

13.4 The limitations on RMC’s liability to You in this Clause 13 shall apply whether or not RMC has been advised of, or should have been aware of, the possibility of any such Losses arising.

13.5 Different limitations and exclusions of liability will apply to liability arising from the RMC Auction process and any Transaction that may ensue pursuant to a RMC Auction, which is set out in the relevant Service Terms.

13.6 Except as expressly set out in these Terms, RMC gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.

14. ENTIRE AGREEMENT/ SEVERABILITY

These Terms incorporate our Privacy Policy and Cookie Policy and the Service Terms 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.

15. ASSIGNMENT

These Terms shall be personal to You and You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the prior written consent of RMC. 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.

16. 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.

17. THIRD PARTY RIGHTS

You may enforce these Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999). 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 does not affect any right or remedy that a third party has which exists or is available apart from that Act.

18. LAW AND JURISDICTION

If You are not happy with the way RMC deal with any dispute or disagreement between You and RMC and You want to take court proceedings, You must do this within England. Relevant English law will apply to the Licence and the relevant courts of England will have exclusive jurisdiction in relation to these Terms.

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