Terms & Conditions | MotorBroker.ie

Terms & Conditions

Introduction

These terms of use apply to all who use the MotorBroker website and describe how you can use the MotorBroker website. The MotorBroker privacy policy sets out how we use data relating to you and it forms a part of these terms of use. Our privacy policy can be found here.

Summary

  • This constitutes a legal agreement between us and you, please read it carefully.
  • These terms of use describe the process by which offers for the sale of cars are made and accepted on our website
  • You must act appropriately when using our website.
  • The website is provided on an ‘as is’ basis, with minimal warranties.
  • These terms of use may change from time to time.
  1. About the website and these MotorBroker Terms of Use
    1. MotorBroker.ie (the “Website”) is an online service owned and operated by DB 5 Limited (“MotorBroker”, “we”, “us” or “our"), which enables individuals to easily order cars online.
    2. These terms of use apply to all who use Website and form a legal agreement between you and MotorBroker.
    3. By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use and that you agree to be bound by them.
    4. You must not use the Website if:
      1. You don’t agree to these terms of use
      2. You are under the age of 18
      3. You are acting on behalf of a company or agency.
    5. MotorBroker may make alterations to these terms of use from time to time. If you are not happy with any alteration, you must stop using the Website. If you keep using the Website, this will indicate your acceptance of these terms of use as altered. We may notify key changes to you but you should review these terms of use from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes by email or by putting a notice on the Website.
  2. How offers are received and accepted on the website
    1. We enable and act on behalf of individuals to provide a complete service to import a new and used car (Offer) through our network in the UK from our team of buyers.
    2. By accepting an Offer made by us or through the website, you are committing to buy the car offered.
    3. By showing an Offer on behalf of a network car dealer, the car dealer is not committing to sell a car for that price or to sell a car at all.
    4. Offers are received and accepted by the following process:
      1. You post on the Website your requirements and preferences for your new car.
      2. MotorBroker issues an Offer, or an Offer is issued on a network dealers behalf, which matches your requirements and preferences.
      3. MotorBroker may include a price, delivery time and other costs as part of the Offer.
      4. You consider the Offers and if you are interested in accepting an Offer, you get in touch with MotorBroker.
      5. You and MotorBroker agree a contract for the purchase of a car along the lines set out in the Offer. This may involve the payment of a deposit to MotorBroker, financing packages or other contractual terms.
    5. We cannot guarantee that you will receive any Offers, or when any Offers will be issued.
    6. We may moderate Offers but we are not obligated to do so.
    7. We may choose to edit or remove Offers at anytime.
    8. You must ensure that all information about you that is held by us is true, complete, not misleading and up to date.
  3. Rights of use and intellectual property rights
    1. The Website is made available for your private, non-commercial, personal use only. This does not give you any rights of ownership in the Website.
    2. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in MotorBroker, or are licensed to MotorBroker.
    3. All third party trade names and trade marks are the property of their respective owners and MotorBroker makes no warranty or representation in relation to them. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
    4. MotorBroker and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
  4. Restrictions and obligations
    1. You agree to comply with these terms of use and all rules applicable to the use of the Website.
    2. You will not:
      1. Hack, modify, reverse engineer or create derivative works of the Website or any part of it
      2. Gain unauthorised access to any restricted part of the Website
      3. Remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website
      4. Create software which replicates or mimics the data or functionality in the Website
      5. Collect data from the Website by systematic or automated means
      6. Use your access to the Website for the sending of marketing communications
      7. Use any computer virus or malicious code of any nature in connection with the Website
      8. Make any part of the Website available to a third party who does not agree to these terms of use
      9. Copy or exploit any part of the Website or the content it contains
      10. Use the Website or any part of it unfairly or for any illegal or immoral purpose; or
      11. Attempt to do any of the acts listed above.
    3. Without prejudice to any of our other rights or remedies, if we reasonably suspect that you have breached any of these terms of use we can suspend or terminate your access to the Website or take any other action we consider necessary to defend or promote any of our rights or interests.
  5. Accounts
    1. You may need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address in order to create an account on the Website ("Account") or otherwise use the Website.
    2. If so, the Username and Password will be allocated to you if you successfully apply for registration as a Customer. Only we can decide whether applications will be successful. Your Username and Password are personal to you and you may only hold one Account.
    3. We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Website under your Account or any other use of your Username and Password.
    4. Do not share your password with any other person or allow any other person to use your account. We are not liable for any improper use of your password or account or any use of your password or account by any other person. If you think any other person knows your password, or that your account has been used by any other person, you must inform us immediately.
  6. Communications
    1. The Website enables the display of third party content (“User Content”) without review or moderation. The Website is therefore merely a conduit of User Content.
    2. The views expressed in any User Content are the views of the individual authors and not those of MotorBroker unless we specify otherwise.
    3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
    4. By using the Website you acknowledge that we have no responsibility to review any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over it. However we may remove any User Content for any reason.
    5. If you post any User Content to the Website, or otherwise publish or distribute User Content using the Website, you grant us a non-exclusive, transferrable, sublicensable, royalty-free, irrevocable, perpetual worldwide licence to use that User Content for any purpose.
    6. Any User Content you post or otherwise publish or distribute using the Website must:
      1. Not be libellous or maliciously false
      2. Not be deceptive, offensive, harassing, inappropriate, obscene, indecent, violent, racist or bigoted
      3. Infringe any rights of another person, including any intellectual property right, right of confidence or privacy, or any rights under data protection legislation
      4. Be in compliance with applicable law, regulations or court orders; or
      5. Not be untrue, false, inaccurate or misleading.
    7. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other users are true. You should therefore exercise some degree of caution when reading user content on any website. By using the website you accept that you use the website at your own risk.
  7. Liability
    1. MotorBroker provides and maintains the Website on an “as is” basis and is liable only to provide its services with reasonable skill and care.
    2. External Sites have not been verified or reviewed by MotorBroker and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.
    3. MotorBroker gives no warranty in respect of any offers or other information contained on the website and excludes all liability for any incorrect or inaccurate information or material the website contains.
    4. MotorBroker gives no other warranty in connection with the Website and to the maximum extent permitted by law, MotorBroker excludes liability for:
      1. the acts or omissions of any car dealer or the manufacturer of any car;
      2. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which MotorBroker has been made aware
      3. any interruptions to or delays in updating the Website
      4. the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Website
      5. the availability, quality, content or nature of External Sites
      6. any transaction taking place on External Sites
      7. any transaction with a third party retailer taking place on the Website
      8. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website; and
      9. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect
    5. MotorBroker does not warrant that the operation of the Website will be uninterrupted or error free.
    6. MotorBroker will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.
    7. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
    8. You agree not to use the Website in any way which is:
      1. unlawful;
      2. may give rise to civil or criminal liability for MotorBroker; or
      3. which might call MotorBroker into disrepute.
    9. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit MotorBroker’s liability for death or personal injury resulting from its negligence nor any fraudulent acts, representations or misstatements.
  8. Indemnity
    1. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
  9. General
    1. These terms of use, together with our privacy policy, constitute the entire agreement between you and MotorBroker relating to your use of the Website, to the exclusion of any other terms of use.
    2. Failure to enforce any term does not constitute a waiver of that term.
    3. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
    4. No representation or warranty is made as to whether the Website complies with the laws of any other country other than the United Kingdom and Ireland.
    5. These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English and Irish courts.
    6. MotorBroker will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website.
    7. All questions, comments or enquiries should be directed to MotorBroker. MotorBroker will try to respond to you within 48 hours.

DB 5 LIMITED
Company Number: 573289
sales@MotorBroker.ie
DB 5 Ltd (T/A MotorBroker)
Carbon House
Rowan Avenue
Sandyford
Dublin 18