Terms and Conditions
Welcome to the Terms & Conditions page for the What Car? website (www.whatcar.com) and all associated websites...
Terms & Conditions
1.1. This website is operated by Haymarket Media Group Limited (Haymarket) Registered in England no. 00267189 Registered Office: Bridge House, 69 London Road, Twickenham, TW1 3SP.
1.2. Your use of the Website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the Website. If you are not prepared to comply with these terms you must leave the website immediately.
1.3. Additional terms shall apply:
1.3.1. to any purchases you make through the Website;
1.3.2. to any booking you make through the Website; and
1.3.3. where you are given an opportunity to place advertisements for goods or services on the Website.
The copyright and all other rights in the material on the Website are owned by Haymarket or are included with the permission of the owner of the rights. As a visitor to the Website, you may download a single copy of the material on the Website on a single computer for your own private viewing/listening purposes only. Single copies of pages from the Website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on the Website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of the Website is permitted without our prior written consent except as may be reasonably necessary to use the Website in good faith. Subject to this paragraph, all rights in material on the Website are reserved to Haymarket.
3. Prohibited use
You agree not to use the Website:
-to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website except where expressly permitted on the Website;
-to disseminate advertisements on the Website or use the Website for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);
-to place links on the Website where those links take users to unlawful material or material that contravenes these Terms and Conditions;
-to transmit or re-circulate any material obtained from the Website to any third party except where expressly permitted on the Website;
-in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms and Conditions;
-to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
-to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
-to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
-to disseminate any material which compromises the privacy or security of anyone other than yourself;
-to disseminate any material which does or may bring Haymarket or any of its brands or subsidiaries into dispute or in any way damage their reputation;
-to disseminate any material where use of the material by Haymarket, or any third party licensed or permitted by Haymarket, will give rise to any third party claims; or
-to post link(s) that take users to material that contravenes any of the above restrictions.
4. User Generated Content
4.1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:
4.1.1. grant Haymarket the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the Website;
4.1.2. warrant to Haymarket that all such content complies with the provisions of Clause 3; and
4.1.3. acknowledge that Haymarket may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from Haymarket.
4.3. Haymarket accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Terms and Conditions.
5. Use of Software
5.1. Copyright in any software that is made available for download from the Website and/or the Haymarket Materials belongs to Haymarket or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.
6. Links to other websites
6.1. You may link to the Website but strictly only on the basis that you do not replicate the pages of the Website, and subject to the following conditions:
6.1.1. you do not create a frame or any other browser or border environment around the Website;
6.1.2. you do not in any way imply any endorsement by Haymarket other than with its written consent or misrepresent your relationship with Haymarket;
6.1.3. you do not use any logos or trade marks displayed on the Website without the express written permission of Haymarket;
6.1.4. you do not link from a website that is not owned by you; and
6.1.5. your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7. Trade Marks
7.1. All Haymarket trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of Haymarket and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade marks and/or domain names without the prior written consent of Haymarket other than for the purpose of referring to Haymarket and its associated brands lawfully and in good faith (only).
8.1. To access certain parts of the Website, Haymarket may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. Where you register you also agree to:
8.1.1. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data"); and
8.1.2. maintain and promptly update the Registration Data to keep it fully up to date.
8.3. Where you register on the Website, you will be allocated a user name and password. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
8.3.1. maintain the security of your user name and password and be fully responsible for all use of the Website made using your user name and password;
8.3.3. ensure that you exit from your website account at the end of each session. Haymarket cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
9.1. Whilst Haymarket endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
9.2. You acknowledge that whilst Haymarket endeavours to ensure that information on the Website and any related material provided to you by Haymarket, whether by email or otherwise (“the Haymarket Materials”) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Haymarket. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of Haymarket or any of its brands and that the Haymarket Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.
9.3. You acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Haymarket. No liability shall be accepted by Haymarket for any inaccuracy or omission in the information provided on the Website or the Haymarket Materials. All implied warranties are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.
9.4. Haymarket will use reasonable endeavours to ensure that the Website and the Haymarket Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. Haymarket excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website or the Haymarket Materials.
9.5. Haymarket will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from the your use of the content.
9.6. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Haymarket has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Haymarket therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please note that Haymarket gives no warranty that links to third party sites on the Site shall be marked as such.
9.7. The Website may contain links to third party websites where you may purchase items. You acknowledge that when making a purchase from a third party website you enter into a contract with that third party at your own risk and Haymarket will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that Haymarket are responsible for their conduct or any contracts that you enter into with them.
9.8. The Website may from time to time contain advertising and sponsorship. Haymarket is not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, Haymarket can provide no warranty that it will not take advertisements or sponsorship from your competitors.
10. Suspension of access to the Website and User Indemnities
10.1. If, for any reason, Haymarket believes that you have not complied with any of these Terms & Conditions it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
10.2. Without prejudice to the provisions of Clause 10, you agree to compensate Haymarket in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the Haymarket Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3.2.
11. Limitation of Haymarket’s Liability
11.1. Haymarket will not be liable to you for any loss or damage caused by Haymarket or its employees or sub-contractors in circumstances where:
11.1.1. there is no breach of a legal duty of care owed to you by Haymarket (or its employees or sub-contractors); or
11.1.2. such loss or damage is not a reasonably foreseeable result of any such breach; or
11.1.3. in respect of any increase in the loss or damage resulting from your actions.
11.2. Nothing in these Terms & Conditions shall exclude or limit Haymarket’s liability for:
11.2.1. death or personal injury caused by the negligence of Haymarket and/or its employees negligence; or
11.2.2. fraudulent misrepresentation by Haymarket and/or its employees.
12. Competition terms and conditions
These rules (the “Rules”) apply to all prize promotions including free draws, prize competitions and instant win offers unless otherwise stated on the Website. Depending on the nature of the competition there may be additional rules imposed by us (or selected third parties) and each such offer may be subject to its own express terms and may not be available in all jurisdictions.
12.1. All entrants to a Promotion must be at least 18 years of age at the date of entry and comply with any further age and/or other eligibility requirements set out in the Rules (eg in relation to residency and (where the prize includes travel outside the United Kingdom and/or car hire) holding a valid passport, visa and/or driver’s licence). Proof of age may be required before a prize-winner can claim a prize. The eligibility of any entrant is at the sole discretion of Haymarket.
12.2. Only one entry per person and per household is permitted, spammers will be disqualified and automated entries are not permitted and will be disqualified.
12.3. All entries must be made in accordance with the Rules and must be received by Haymarket by the closing date. Entries made otherwise shall be invalid. Haymarket accepts no responsibility or liability for any lost, damaged or incomplete entries and all such entries will be deemed invalid. Proof of despatch shall not be proof of entry.
12.4. Haymarket and the promoter reserve the right at its sole discretion to (without prior notice): 12.4.1. cancel the Promotion; and/or 12.4.2. to substitute the prize for another prize of equal value.
12.5. NO PURCHASE NECESSARY to enter the competitions unless otherwise stated on the promotional activity with a specific competition.
12.6. By entering the prize draw, the entrant agrees to be bound by the Rules and by any other requirements set out in the promotional material accompanying the promotion.
12.8. Prize-winners will be notified in writing within 6 weeks of the applicable closing date (or such other timeframe as is indicated on the Website). If a prize-winner fails to respond to claim his/her prize within 14 days of receipt of the notification, Haymarket shall be entitled to select an alternative prize-winner. In such circumstances Haymarket shall use reasonable endeavours to notify the alternative prize-winner within nine weeks of the closing date (or such other timeframe as is indicated on the Website).
12.9. Prize draws are open to all residents of the UK, except employees of Haymarket (and its subsidiaries), the promoter and their immediate families, the promoters advertising agency and sales promotion consultancy, and anyone else connected with the creation and administration of the promotion.
12.10. Haymarket’s decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received. 12.11. Haymarket will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
12.12. Prize-winners will receive their prize within 6 weeks of notification unless otherwise specified on the Website. The terms and conditions of any third party supplier may apply and must be accepted and complied with by a prize-winner to accept the prize.
12.13. Haymarket will not be liable if a prize does not reach a prize-winner for any reason outside the control of Haymarket or if a prize is damaged during delivery.
12.14. It is your responsibility to ensure that when entering competitions which, if won, could result in time off work, your employer is in agreement to time off. When dates are specified they cannot be altered.
12.15. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
12.16. Depending on the nature of the prize, its use or enjoyment may be subject to further conditions or restrictions.
12.17. By entering the promotion, the winner(s) consent(s) to any publicity generated as a result of the promotion, and use on the Website at any time.
12.18. Where relevant, all taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc) are, unless otherwise specifically stated, the sole responsibility of the prize-winner.
12.19. Other than for death or personal injury arising from the negligence of Haymarket, Haymarket hereby excludes (so far as is permitted by law) all liability for any loss, damage, cost and expense, whether direct or indirect, howsoever caused in connection with any competition or any aspect of the prize.
12.20. The promotional draw is held by Haymarket.
13. Variation of these Terms & Conditions of Use
13.1. Haymarket reserves the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions on the Website. By continuing to use the Website you will be deemed to accept such variations. You should therefore check the Website from time to time to review the then current Terms & Conditions. These Terms & Conditions were last updated in October 2014.
14.1. These Terms & Conditions shall be governed by, and construed in accordance with, English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions unless Haymarket shall elect to bring proceedings in the courts of the country of the user's residence or of principal place of business.
14.2. These Terms & Conditions, as varied by Haymarket from time to time form the entire understanding between us. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or affect.
14.3. No delay or indulgence by Haymarket in enforcing the provisions of these Terms & Conditions shall affect Haymarket’s rights under them nor shall any waiver of Haymarket’s rights operate as a waiver of any subsequent breach.
14.4. No right, power or remedy conferred upon or reserved for Haymarket is exclusive of any other right, power or remedy available to Haymarket provided either under these Terms & Conditions or as a matter of law and each such right, power or remedy shall be cumulative.
14.5. You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms & Conditions.
14.6. If any provision of these Terms & Conditions is found to be invalid the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain valid and enforceable.
14.7. Nothing in these Terms & Conditions shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.
15 Special Terms and Conditions for New Car Buying (for consumers)
15.2. The ‘Target Price’ is the price at which our team of mystery shoppers expect to be able to source a particular make and model of car from dealers. It is not a guaranteed price, only a guideline price, and we do not guarantee that any dealers will be able to match or beat that price although we endeavour to be as accurate as possible. Prices advertised are for information purposes only and do not constitute an offer by Haymarket. Further, unless you subsequently enter into a contract with a dealer, in using our service you are not committing to buying or leasing a car (at any price).
15.3. You may only use the service to invite offers from dealers for cars where it is your intention to actually review offers with a view to buy or lease a car.
15.4. It will your decision alone whether or not to take matters further with one or more dealer once we have notified you of offers from dealers. It will then be your sole responsibility to select one or more dealer and negotiate the terms of any purchase with the dealer or dealers you have selected.
15.5. If you decide to buy or lease a car from a dealer, we will not be a party to the contract made between you and any dealer, and we do not accept any responsibility (or liability) for any loss or damage which may result from any dealings between you and any dealer.
15.6. Haymarket will make every effort to ensure that the information on this website is as accurate as possible but are reliant on third parties, and in particular dealers, to provide the information and Haymarket therefore gives no warranty that the information is accurate, complete or up to date and we will have no liability to you if it is not.
16 Special Terms & Conditions for New Car Advertising
16.1. The following special conditions apply to the placing of an order for automotive advertising on whatcar.com (“The Site”). The Site is owned by Haymarket Media Group Limited (“Haymarket”). Where there is a conflict between these special terms and the terms of advertising and Haymarket’s general terms of advertising http://www.haymarket.com/commercial-terms/advertising-services these special terms will prevail.
16.2. The Site is a vehicle listing and information service that brings together buyers and sellers. Haymarket is not a broker or retailer and does not sell or exchange, buy or offer for sale, negotiate or attempt to negotiate, a sale or exchange of an interest in any vehicle listed for sale on The Site. Haymarket does not hold or possess ownership details for any vehicle listed for sale on The Site and is not a party to any vehicle sale contract between vehicle buyers and sellers that originates on The Site.
16.3. This contract is between Haymarket Media Group Limited (company number 267189) registered address at Bridge House, 69 London Road, Twickenham TW1 3SP and the “Seller” as detailed on the order/booking form. What Car? is a brand name and registered trademark of Haymarket Media Group Limited. Seller Responsibilities
16.4. As Seller you represent and warrant that all New Car offers will be at or below the What Car? derived Price (Target Price), including; tax, vehicle registration, road tax and delivery. In addition The Seller agrees to;
- a. Respond to any buyer enquiry whether call or email as soon as is practically possible, ideally within a working day. Haymarket will from time to time contact buyers for feedback.
- b. Sell the car at or below Target Price, including tax, vehicle registration, vehicle excise duty, delivery and where applicable, any government grants allowing a reduction in price for electric and hybrid vehicles.
- c. Manage and respond to leads using the What Car? retailer interface.
16.5. Effective Date: The contract starts from the date on which the Seller’s profile is set up on the retailer interface.
16.6. Advertiser contact details
16.6.1. Any changes to the Seller’s contact details, including retailer interface users, must be sent to the customer services team at firstname.lastname@example.org.
16.6.2. Tracking numbers will be used on the Site to enable the tracking of calls. Details of calls will retained for monitoring purposes for at least 6 months. Haymarket are responsible for managing this data through a third party.
16.6.3. Haymarket reserves the right to deactivate user logins which have not been actively used for 3 months.
16.7.1. A Lead is an enquiry from a potential buyer, either by email or telephone, originating from the Site.
16.7.2. There are two types of Lead. Stage One Leads are defined as a request for a quotation from a potential buyer. Stage Two Leads are defined as either (a) a call to the Seller of more than 30 seconds in duration, or (b) a response from the potential buyer to a Seller’s offer, communicated by to the Seller by email and accessible on the What Car? retailer Interface.
16.7.3. Leads will include customer first name and postcode and details of the vehicle they are interested in. This information is sent in an email to the Seller and is also accessible via the What Car? retailer interface. Access to the retailer interface is assigned by the What Car? Customer Services team who are contactable on email@example.com. Leads will be delivered to the retailer interface and delivered direct to the retailer. Haymarket will not use the enquiry for any other purpose.
16.8.1. Haymarket charge a monthly fee plus a fee for each Stage Two Lead on a cost per lead basis. Rates are specified on the Order/Booking Form.
16.8.2. All emails and calls for Stage Two Leads are de-duplicated, so the sender is only counted once per vehicle make or model.
16.8.3. Unless otherwise specified the caller number (if identifiable) is only counted once per charging period per retailer location.
16.8.4. The reporting period for billing starts and ends on or around the 28th of the month and will be specified on the invoice.
16.8.5. Invoices are sent at the beginning of each month for the previous month’s reporting period and payment is due within 30 days of invoice date.
16.8.6. Haymarket reserves the right to amend charging structures and will provide 30 days’ notice of any change.
16.8.7. Payment terms may vary if payment is made by Direct Debit and agreed in writing by Haymarket. Any discount extended to a retailer who pays the charges by Direct Debit is extended at the sole discretion of the Haymarket and may be withdrawn by Haymarket at any time and for any reason.
16.9.1. Haymarket provides this service and the Sites and all information and materials without conditions, representations or warranties of any kind, either expressed or implied.
16.9.2. Haymarket has the right, at its sole discretion, to remove retailers from the website, at any time and for any reason.
16.10. Term and Termination
16.10.1. This contract shall commence on the Effective Date and shall, subject to earlier termination under this section, continue for an initial minimum period as specified in the Order Form. Thereafter it will be in force until terminated by either party giving 30 days’ notice to the other party in writing.
16.10.2. Where the contract constitutes an agreement for products to be advertised on The Site, charges will apply regardless of whether this service is used.
16.10.3. Any notice given by the Seller in connection with this contract shall be sent by email to to firstname.lastname@example.org with the reason for cancellation.
16.10.4. Any notice shall be deemed to take effect at 9.00 am on the next working day after receipt. A working day shall mean a day other than a Saturday, Sunday or a UK public/bank holiday.
17 Terms & Conditions of Discount Offer (CDX 2018 & Motor Trader Summit 2018)
17.1. This discount is offered by Haymarket Media Group Limited, Bridge House, 69 London Road, Twickenham, TW1 3SP, UK and any queries must be directed to email@example.com.
17.2. To qualify for the 50% discount offered, you must meet the following criteria:
17.2.1 You must have registered your interest in this offer at What Car New Car Buying at CDX2018 or Motortrader Summit Scotland 2018 by stating your interest to and providing your contact details to one of our representatives at the event.
17.2.2. You must sign up to What Car? New Car buying by 11:59pm on 31 July 2018, by contacting a What Car? representative on firstname.lastname@example.org and agreeing to our Terms of Business (www.whatcar.com/terms-and-conditions/#newcaradvertising), including a minimum term of 3 months, plus a 30 day cancellation period
17.2.3. You must list your stock at What Car? Target Price
17.2.4. The discount offer is only available to new customers.
17.2.5. The discount is only available to franchised dealers (dealers who sell new cars with the manufacturers permission).
17.2.6. The discount is only applicable to our New Car Buying service and not Used cars
17.2.7. The discount will be applied retrospectively to your total monthly invoice
17.2.8. This offer is non-transferable.
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