RMC WEBSITE TERMS OF USE
Remove My Car Limited, a company registered in England and Wales
(No. 07978223) with
a registered office at: 1st 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;
(c) could be seen to
incite abusive behaviour to another person or harasses or advocates harassment
of another person;
(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,
(c)
death or personal injury arising from negligence.
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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