The Terms and Conditions set out below apply to the entire contents of the Website under the domain name “wizzle.co.uk” (the “Website”) and to any correspondence between “us” or “we” or “our” (AUTOD2 Limited, 76 Shelley Road East, Bournemouth, Dorset, BH7 6HB incorporated in England & Wales company number 07968013) and “you” the “user” of the Website. Please read the Terms and Conditions carefully. By continuing to use the Website you are confirming that you accept the Terms and Conditions. If you do not accept the Terms and Conditions, you must leave the Website immediately.
This Website is the official website of AUTOD2 Ltd. If you have any comments or questions about this Website or any of our services please contact us by one of the methods shown below.
Telephone: 01202 835991
Mail: The Chocolate Box, 8 - 10 Christchurch Road, Bournemouth, Dorset, BH1 3NA
AUTOD2 Limited is a company incorporated in England & Wales with the company number 07968013.
1 Sale of goods through though our Website
1.1 The “Services” as provided on the Website are for displaying adverts and acts only as a means by which buyers and sellers can be introduced. Any arrangements made between you and any third parties are at your sole risk and responsibility. For the avoidance of doubt any return’s of the vehicle or refunds are entirely between you and the third party. There is no guarantee of the sale of your vehicle. Accuracy of the value of your vehicle in the initial quote fro the third party is not guaranteed by us or by the third party. The third party will reserve the right to amend the initial quote and re-value the vehicle upon viewing the vehicle in person and making a physical inspection. This may reduce the initial value quote.
1.2 You warrant and accept that we have no liability in respect of any goods or services advertised on the Website or which we send to you by email or text.
2.1 Nothing in these Terms and Conditions of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
2.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
2.3 We will expressly not be liable to you for any loss or damage, whether in contract, tort, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
2.4 If you are a consumer user, please note that we have no liability to you for including but not limited to; any loss of profit, loss of business, business interruption, loss of sale, distress, or loss of business opportunity.
2.5 If you are using our Services on behalf of a business, that business accepts these Terms and Conditions. The business will hold harmless and indemnify us and our affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these Terms and Conditions, including but not limited to any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
2.6 You acknowledge that we will not be liable for any losses which may arise, including but not limited to:
2.6.1 any loss of anticipated profits, sales, future business or revenue;
2.6.2 damage to reputation or goodwill;
2.6.3 damages, costs or expenses payable by you to any third party;
2.6.4 loss of anticipated savings or income;
2.6.5 loss or corruption of information or data;
2.6.6 business interruption
2.6.7 loss of any business opportunity or contract; and/or
2.6.8 any other indirect or consequential loss or damage of any kind.
2.7 We will not be liable for any loss or damage caused by a virus, trojan, distributed denial-of-Service attack, or other technologically harmful material that may infect your computer equipment, computer programs, mobile, tablet device, apps, data or other proprietary material due to your use of our Website or to you downloading any content on it, or on any website linked to our Website.
2.9 These limitations of liability apply even if we have been expressly advised of the potential loss. Nothing in this clause will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
2.10 We will not be liable for any loss or damage caused by a virus, trojan, distributed denial-of-Service attack, or other technologically harmful material that may infect your Computer equipment, Computer programs, mobile, tablet device, apps, data or other proprietary material due to your use of our Website or to you downloading any content on it, or on any website linked to our Website.
2.12 By using our Website, you agree that the exclusions and limitations of liability set out in these Terms and Conditions are reasonable. If you do not think they are reasonable, you must not use this Website.
3.1 Our Services are made available “as is” without any warranty, condition or representation as to their functionality or availability or the information and materials provided on this Website. You acknowledge that we do not warrant that our Website will function with any specific hardware or software or that the provision of the Services will be uninterrupted or completely error or bug free and that it is the nature of a remote service that there may be periods when the services are interrupted, slow or unavailable due to an error or failure in the internet or the cloud service and we disclaim all liability in respect of such interruptions service or unavailability. In addition you acknowledge that we do not warrant the information on the Website is complete, true, accurate or non-misleading. All the information provided by our Website is for general information purposes only. It is not intended to amount to advice on which to rely on. We do not endorse or promote particular third parties looking to purchase on the Website. You must be satisfied before you proceed to sell your vehicle to a third party. Nothing on our Website constitutes, or it meant to constitute a contract between you and third parties or advice thereof. If you require advice in relation to any matter posted on our Website you should consult an appropriate professional.
3.2 We will use reasonable efforts to ensure that our Services does not contain any known viruses at the time it is made available for download.
3.3 You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website.
3.4 You accept you use our Website at your sole risk, we hold no responsibility for your interactions on our Website with third parties and third party services.
3.5 Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
3.6 These exclusions apply to the fullest extent permitted by law, but you acknowledge that we do not exclude or limit our liability for death or personal injury caused by our negligence, or any fraud or misrepresentation in connection with the provision of the Services.
3.7 We provide no other express or implied warranties or conditions. We fully disclaim any implied representations, warranties or conditions.
4.1 You acknowledge that:
4.1.1 all intellectual property rights in the Website and all documentation (including without limitation any enhancements, upgrades or modifications) are and shall remain the property of us and/or our licensors. All such rights are reserved.
4.1.2 You may not reverse engineer, decompile or disassemble or “scrape” the Website or any component of our Services, except and only to the extent permitted in accordance with English law. We will take legal action against you for any breach of the terms and intellectual property rights.
5.1 You warrant and agree that any and all materials which you contribute to or send us via our Website must;
5.1.1 be accurate (where they state facts);
5.1.2 be genuinely held (where they state opinions); and
5.1.3 comply with all applicable rules and regulations and English law
5.2 You warrant and agree that any and all materials which you contribute to or send via the Website must not:
5.2.1 be unlawful, harmful, threatening, slanderous, defamatory, libellous, obscene, harassing or racially or ethnically offensive;
5.2.2 be a breach of a third parties property, right or intellectual property rights
5.2.3 facilitate or promote illegal activity;
5.2.4 be or contain anything which is technically harmful (including, without limitation, distributed denial of attack service, a computer virus, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5.2.5 infringe the intellectual property rights or other rights of any third party;
5.2.6 promote unlawful violence, discriminate based on race, gender, colour, religious belief, sexual orientation, disability; or
5.2.7 be fraudulent or misleading.
5.3 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, is defamatory or breaches their right to privacy, including, trolling, cyber bullying and harassment.
5.4 We will not be responsible or liable to you or any third party, for the content or accuracy of any content posted by you or any other user of our Website as defined in Electronic Commerce Directive 2000/31/EC as amended from time to time.
5.5 You shall hold harmless and indemnify us and its affiliates, officers, third parties, agents and employees from any claim, action or proceedings arising from or related to any third party claims made against us due to you uploading content or posting comments on our Website, including but not limited to any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
5.6 You are solely responsible and liable for any interaction with a third party via our Website.
5.7 You are solely responsible for maintaining and protecting your content and your account on our Website.
5.8 You are solely responsible and liable for securing and backing up your content.
5.9 We have the right to remove any posting you make on our Website if, in our sole opinion, your post does not comply with our content standards.
5.10 The views expressed by other users on our Website do not represent our views or values.
6.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
6.2 You are responsible for configuring your Computer in order to access our Website. You are solely responsible for and should use your own anti-virus protection software.
6.3 You warrant and agree that you will not misuse our Website by knowingly introducing, spyware, viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to our Website, Computers or third parties Computers’ and software. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, Computer or database connected to our Website. You must not attack our Website via a denial-of-Service attack or a distributed denial-of Service attack. You must not use any collecting or scrapping software to copy or collect data from our Website. You must not send unsolicited communications, promotions or advertisements or spam; send altered, deceptive, or false source-identifying information, including “spoofing”, “scraping” and “phishing”. You must not impersonate or misrepresent your affiliation with any person, company or third party. You must not publish, upload or share any content that is pornographic, indecent, advocate’s bigotry, religious, racial or ethnic hatred. By breaching this provision, you could be committing a civil or criminal offence. 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 Website will cease immediately and criminal charges may be taken against you.
7 Linking to our Website
7.1 You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation, goodwill or take advantage of it. Any use must be fair and reasonable.
7.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7.3 You must not establish a link to our Website in any website that is not owned by you.
7.4 Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
7.5 We reserve the right to withdraw linking permission without notice.
7.6 If you wish to make any use of the content on our Website please contact us via email on Data@wizzle.co.uk with the title of the query in the title header.
8 Consumer Contracts Regulations
8.1 For the avoidance of doubt your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will only apply between yourself and the third party wishing to purchase your vehicle. Our Website is for displaying adverts and acts only as a means by which buyers and sellers can be introduced.
9.1 You cannot assign any of these rights in these Terms and Conditions and any attempt is void. We may assign our rights to any of our affiliates, subsidiaries, or to any successor in interest of any business associated with the Services. For the avoidance of doubt, you and we are not legal partners, under a joint venture or agents or employer/ employees.
10 Unenforceable provisions
10.1 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable under applicable law, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
11 Applicable law
11.1 If you are a consumer, please note that these Terms and Conditions, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
11.2 If you are a business, these Terms and Conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We and you both agree to the exclusive jurisdiction of the courts of England and Wales.
12 Variation to these Term and Conditions
12.1 We reserve the right to alter, add to or amend any of these Terms and Conditions, or to reassign these Terms and Conditions in the interests of our work. Should any questions arise, whether provided for in these Terms and Conditions or not, our decision shall be final. No alteration, addition, amendment or waiver to or of these Terms and Conditions shall operate to release to you from these Terms and Conditions.
12.2 Please check these Terms and Conditions from time to time to take notice of any changes we make, as they are binding on you.
12.3 You and we agree collectively we do not intend that any of these Terms and Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.