1
INTRODUCTION
1.1
Welcome to our website,
www.glenmarch.com (our “Website”). Our Website is provided to you by Glenmarch Limited, a company registered in England and Wales at Companies House with registered number 09825153 (“Glenmarch”, “us”, “we” or “our”). Our registered office is at 45 Pall Mall, London, England, SW1Y 5JG.
1.2
Please read these website terms and conditions (“Website Terms ”) carefully. They set out the basis on which you are allowed to use our Website. If you have any questions about them or don’t accept them, please contact us using the contact details which appear at the end of these Website Terms and Conditions.
1.3
In addition to these Website Terms and Conditions, your use of our Website is also subject to other terms and conditions and policies which are referred to below.
1.4
You should save and/or print out a copy of these Website Terms and Conditions for your future reference.
2
USING OUR WEBSITE
2.1
You, as the user of our Website (“you ” “your ”), can use our Website for your own personal, non-commercial use.
2.2
Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice. You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Website Terms and Conditions.
2.3
You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.
2.4
You acknowledge that we cannot guarantee that our Website will:
(a)
stay the same as we might change or remove it or make access to it subject to registration or charges;
(b)
be compatible with all or any hardware or software which you may use;
(c)
be available all the time or at any specific time;
(d)
be accurate and up to date; or
(e)
be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
2.5
You also acknowledge that:
(a)
we cannot guarantee the speed or security of the Website; and
(b)
we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
3
RELIANCE ON THE INFORMATION ON OUR WEBSITE
3.1
The information published on our Website is for general information purposes only and therefore you should not rely on it. We expressly exclude any liability for any loss or damage arising from your reliance on any information available on our Website to the fullest extent permissible by law.
3.2
Without limiting the clause above, the details of the vehicles and auctions displayed on our Website are provided to us by third party auction houses. We do not verify the information that they provide to us and we make no warranties or representations as to the quality, accuracy or completeness of any of their information. We strongly recommend that you check the details of auctions, lot numbers and vehicles with the relevant auction house directly as the information published on our Website is subject to change by the applicable auction house.
3.3
The vehicles displayed on our Website are not available for purchase from our Website. Such information is supplied to you for information purposes only. All sales enquiries should be directed to the applicable auction house and any sale, negotiation for sale or auction of any vehicle featured on our Website shall be subject to an agreement between you and the applicable auction house. You acknowledge and agree that Glenmarch is not a party to such agreement and has no liability under or in connection with such agreement.
3.4
Prices quoted on our Website are as provided to us by the third party auction houses featured on the Website and are stated in local currency. Each auction house has its own method of calculating prices (for example some prices quoted on our Website may include commission and/or tax whereas others may not). Therefore, the prices of vehicles contained on the Website which originate from one auction house are not comparable with the prices that originate from another auction house. In addition, the prices quoted do not reflect any negotiations or price changes which may be agreed between the buyer and seller after we have received details of the sales price from the applicable auction house.
3.5
We also provide graphical representations of vehicle prices to provide you with a general representation of the price of a make of vehicle over time. However, such information is not intended to accurately reflect price changes for a make of vehicle as prices are dependent on a number of variable factors such as age, condition and mileage. Where sales results are presented in graphical format on our Website, prices are converted into GBP using a currency conversion rate applicable on the date that you view such information.
3.6
Information provided to us in another language is machine translated into English using Google Translate, we do not check or verify any translations and accept no responsibility for any inaccuracies in translation.
4
THIRD PARTY WEBSITES AND ADVERTISING
4.1
Our Website contains links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we are, or our Website is, affiliated to or associated with such sites.
4.2
Your browsing and interaction on any other website, including websites which are accessible from a link on our Website, is subject to that website’s own rules and policies. Please read those rules and policies before proceeding.
4.3
Our Website also contains third party advertisements that may or may not link to a third party website. The display of such advertisements does not in any way imply Glenmarch’s recommendation or endorsement of the advertiser or its products or services and we exclude to the fullest extent permitted by law any liability arising from your relationship with such advertisers.
5
REGISTERED USERS
5.1
In order to save your searches and receive email notifications alerting you to the inclusion of specific vehicles in future auctions (“Alerts ”) you must register an account with us using the registration form submitted via the Website. Applications for registration may be refused at our sole discretion.
5.2
Registrations are accepted on the basis that:
(a)
Only you use your username and password and you are solely responsible for keeping your username and password secret;
(b)
You provide correct, current and complete information about yourself when registering; and
(c)
You are solely responsible for any use of your account by a third party.
5.3
Alerts are intended only as general information for registered users and we make no warranties and exclude all liability for any loss or damage as to the completeness, accuracy or quality of the information contained in the Alerts or any failure to send Alerts.
5.4
If you breach any of these Website Terms and Conditions, or any of the other terms and policies referred to in these Website Terms and Conditions, your account and your ability to access and use your account may be terminated by us immediately by giving written notice to you using the contact details you gave to us on registration.
5.5
You are entitled to terminate your account with us at any time by notifying us through the appropriate account management screens.
5.6
We may withdraw your access to the Website and/or your account at any time and for any reason and we will not be liable for any resulting loss of damage to the fullest extent permissible in law.
6
INTELLECTUAL PROPERTY RIGHTS
6.1
Our Website and all information, images, photographs and other content displayed on the Website (“Material(s) ”) are protected by certain rights. These rights include all database rights, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property rights, in each case whether registered or unregistered (“Rights ”). These Rights either belong directly to Glenmarch or are licensed to us from their respective owners or licensors.
6.2
You may only view, print out and use the Website and the Materials for your own personal, non-commercial use. We and/or our licensors reserve all Rights in and to the Website and the Materials and your use of the Website and Materials is subject to the following restrictions. You must not:
(a)
remove any copyright or other proprietary notices contained in the Materials;
(b)
use any Materials in any manner that may infringe any of our Rights or the Rights of a third party; or
(c)
reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Materials in any way, including for any commercial purpose, without our prior written consent.
7
OUR LIABILITY TO YOU
7.1
We are only liable to you in connection with your use of our Website for losses which you suffer as a direct result of our breach of these Website Terms and Conditions. We shall not be liable for any indirect, special, incidental or consequential damage or loss nor for any business losses that you may incur, including but not limited to lost data, lost profits, loss of opportunity or business interruption.
7.2
We do not exclude our liability (if any) to you for:
(a)
Personal injury or death resulting from our negligence;<
(b)
Fraud or fraudulent misrepresentation; or
(c)
Any matter for which it would be illegal for us to exclude, or to attempt to exclude, our liability.
8
YOUR LIABILITY TO US
8.1
You acknowledge that any use by you of the Materials in a manner not expressly permitted by these Website Terms and Conditions may mean that you are infringing our Rights or the Rights of our third party licensors and we and our licensors reserve all rights and remedies against you in respect of any such infringement.
8.2
You hereby agree to compensate Glenmarch, its clients, associates and affiliates from and against any loss, cost, damage, expense or liability they may suffer as a result of:
(a)
your breach of these Website Terms and Conditions; and/or
(b)
your use of the Materials for purposes not permitted by these Website Terms and Conditions.
9
YOUR PRIVACY
9.1
The privacy of your personal data is important to us. Please see our
Privacy and Cookie Policy, which forms part of these Website Terms and Conditions, for details of how we use cookies and how we process personal data of users of the Website.
10
LINKING TO OUR WEBSITE
10.1
You may link to any page of our Website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it.
10.2
You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.3
Our Website must not be framed on any other site.
10.4
If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us using the details below.
10.5
We reserve the right to withdraw linking permission at any time and without notice.
11
VARIATIONS
11.1
We may from time to time vary these Website Terms and Conditions and/or the terms and policies referred to in these Website Terms and Conditions. Please check our terms and policies regularly to ensure you are aware of any variations we may make. If you continue to use our Website, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use our Website.
12
GENERAL PROVISIONS & APPLICABLE LAW
12.1
You may not assign, sub-license or otherwise transfer any of your rights under these Website Terms and Conditions.
12.2
If any provision of these Website Terms and Conditions is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Website Terms and Conditions, which shall remain in full force and effect.
12.3
Failure by either of us to exercise any right or remedy under these Website Terms and Conditions does not constitute a waiver of that right or remedy.
12.4
The English Courts will have exclusive jurisdiction over any claim arising from or related to this Website. English Law will apply to these Website Terms and Conditions.
13
ENQUIRIES AND COMPLAINTS
13.1
If you have an enquiry or complaint about this Website, you should contact us at
admin@glenmarch.com and we will try to answer your enquiry or resolve any complaint as soon as possible.
