Terms & Conditions

1. General

1.1 The website www.netcars.co.uk ("the Site") is a site operated by Netcars Limited ("We" or "Netcars"). We are registered in England and Wales under company number 03906078 and have our registered office at Griffin Court, 201 Chapel Street, Manchester, M3 5EQ. Our VAT number is 732859018. We are a limited company. We may amend these Terms at any time without prior notice. You are expected to check these Terms from time to time and your continued use of the Site will mean that you accept any amendments to the Terms.
1.2 We take protection of your privacy seriously and process information about you in accordance with our Privacy Policy. By using the Site you confirm you have read our Privacy Policy and that you consent to such processing.
1.3 If you believe any material on the Site is inaccurate or intellectual property belonging to you or a third party has been improperly posted on the Site, please let us know by sending an email to info@netcars.co.uk.

2. About the Site

2.1 The Site is a medium for:
2.1.1 Providing information and access to cars of third parties which are being offered for sale and products and services of third parties related to cars. Before purchasing any car or other product or service which has been found by using the Site, you should confirm all information with the seller and make your own enquiries and searches about that car or product or service and the seller. We do not take any responsibility for and do not guarantee any car or product or service which is advertised on or otherwise obtained through the Site.
2.1.2 Sellers to advertise cars for sale. We do not take any responsibility for checking the identity of sellers or for the accuracy or completeness of the information provided by any seller. The price and terms of sale are subject to direct negotiation between the buyer and the seller and you will be bound by whatever is agreed.
2.3 You agree not to bring any claim against us arising from your purchase, sale or use of any car or other third party product or service via the Site and, as Netcars will not be a party to any contract or arrangement under which you sell or purchase any car or other product or service from a third party directly or indirectly through the Site, your sole recourse in respect of any performance, non-performance or delay in performance of the contract or arrangement by that third party will be against that third party and subject to condition 9.4 all liability of Netcars, its officers, employees, agents and sub-contractors (howsoever arising) is excluded to the fullest extent permitted by law.
2.4 Where you obtain any product or service from a third party through the Site and the service we provide in connection with that product or service is without charge to you, we will be entitled to commission from that third party under commercial arrangements we have in place with that third party.

3.Seller

3. Advertisments
3.1 When advertising a car for sale in the "Sell Your Car" service, as seller you must:
3.1.1 offer the car for sale on genuine terms;
3.1.2 be in possession of the car and in a position to pass title to it free from any charge or other third party interest;
3.1.3 provide information about the car which is true, accurate, complete and is not misleading;
3.1.4 be a private seller and not acting in the course of a business and not be acting directly or indirectly on behalf of any motor dealer;
3.1.5 not post any material on the Site which is obscene, defamatory, abusive, threatening, misleading, illegal or that infringes the rights of third parties.
3.2 We cannot guarantee that the Site will only contain material which is compliant with these Terms. If you fail to comply with these Terms we reserve the right to deny you use of all or any parts of the site.
3.3 You agree to pay the fees specified by us for providing you with any service offered through the Site in accordance with the payment terms (as varied from time to time) set out in the Site. In respect of the fees for advertising your car for sale on the Site, the fees are payable irrespective of whether or not you sell your car via the Site and, unless we otherwise agree, fees are not refundable if you decide to remove your advertisement part way through the period during which it was to have been posted on the Site. Payment for cars and other products and services of third parties will be made on the applicable terms and conditions of the relevant third party.
3.4 You will not be able to cancel the contract between us relating to the advertisement of your car on the Site under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once you have been given access to post your advertisement on the Site.

4. Registration as an authorised user

4.1 In order to advertise on, or make any purchases via, the Site you will need to register as an authorised user. Authorised users must be at least 18 years of age.
4.2 You must ensure that the details provided by you on registration or at any time thereafter are correct and complete and inform us immediately if there are any changes to those details.
4.3 When you register to use the Site you will be asked to provide your name, e-mail address and create a password. Your password is unique to you and you must keep it confidential and not disclose it to anyone. You are responsible for all activities and orders that occur or are submitted through the use of your password. If you know or suspect that someone else knows your password you must notify us immediately.
4.4 If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.

5. Links and third party material

5.1 Parts of the Site may contain material provided by third party product or service providers, advertisers or sponsoring organisations. Third party product and service providers, advertisers and sponsors are responsible for ensuring that all material submitted for inclusion on the Site complies with all relevant laws and codes. We will not be responsible if any such material is untrue, inaccurate, incomplete and/or contains errors and we disclaim all liability and responsibility arising from any reliance you place on such material.
5.2 Any material on the Site may be out of date at any given time and, whilst we endeavour to keep material up to date, we are under no obligation to so. Material on the Site may be subject to change at any time.
5.3 The Site contains links to other websites. When you activate any of these links, you will leave the Site and we accept no responsibility for the availability or content of any linked websites or for any loss or damage that may arise from your use of them. The links are provided for your convenience and any such link does not imply endorsement by us of a website or any association with the operators of a website.
5.4 You may hypertext link to the Site provided it does not imply or claim an association with Netcars or any approval or endorsement on our part where none exists and that any link to the Site is removed immediately on the cancellation of your registration.

6. Intellectual property rights

6.1 Unless otherwise stated and subject to condition 6.4, all intellectual property rights in the Site and its content (including copyright and database rights and (whether registered or unregistered) trade marks, trade names and designs, are owned or licensed by Netcars. You are permitted to print or download extracts from material on the Site for your personal use only provided you keep intact all or any copyright and proprietary notices. None of this material may be used for any commercial or public use.
6.2 No part of the Site or any material appearing on the Site may be modified, copied, distributed, reproduced, stored in or transmitted on any other website for commercial purposes without prior written permission of Netcars and payment of any specified fee.
6.3 No licence is granted to you in these Terms to use any trade mark of Netcars.
6.4 You agree not to use the Site to infringe the intellectual property rights of any third party. You represent that all material you submit to us is owned by you or you have the relevant consents or permission to use the information in this way. By posting any material on the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable and royalty-free licence (with the right to sub-license) to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in such material in any media. In addition, you waive all moral rights you have in such material to the fullest extent permitted by law.

7. Using the Site

7.1 You agree to use the Site for lawful purposes only. In particular, but without limitation, you warrant that neither you nor anyone using your password will:
7.1.1 disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
7.1.2 transmit or link to material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
7.1.3 disseminate any advertising, promotional materials or other forms of solicitation, including chain mails or pyramid schemes;
7.1.4 make, transmit or store electronic copies of materials protected by copyright without the permission of the owner;
7.1.5 impersonate any person, or entity or misrepresent your affiliation with anyone or entity;
7.1.6 gain unauthorised access to other computer systems;
7.1.7 prevent or restrict the use of the Site by other users;
7.1.8 interfere or disrupt networks or websites connected to the Site or misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
7.1.9 collect or store other users’ personal data;
7.2 We reserve the right at our sole discretion and without prior notice to remove or otherwise block any material that you post, transmit or disseminate which breaches these terms and conditions.

8. Suspension and cancellation

8.1 Without affecting our other rights and remedies against you, we may suspend or cancel your registration immediately either at our reasonable discretion (provided that in that event any advertisement which you have posted on the Site will not be removed until expiry of the period for which you have paid us fees) or if you breach any of your obligations under these Terms which, in the case of a breach which is capable of remedy, you have failed to remedy within 7 days of receiving notice requiring the remedy of such breach.
8.2 You may cancel your registration at any time by informing us in writing. If you do so, you must stop using the Site.
8.3 For the avoidance of any doubt, the following conditions will survive the cancellation of your registration: 2, 3.3, 5.1, 5.3, 5.4, 6, 8.3, 8.4, 9 and 10.
8.4 The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s accrued rights or liabilities.

9. Disclaimer and Exclusions of liability

9.1 We do not guarantee that any cars or other products or services offered to you through the Site will meet your requirements. We do not warrant that your access to the Site will be uninterrupted, unrestricted, timely, secure and error-free (and we may suspend, restrict or terminate your access to the Site at any time), or that the Site and the server are free of computer viruses or other harmful applications. If a fault occurs in the service you should report it to us and we will attempt to correct the fault as soon as we reasonably can.
9.2 To the fullest extent allowed by applicable law but subject to conditions 9.3 and 9.4 Netcars hereby expressly excludes:,
9.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and which are not expressly set out in these Terms and the Site is provided "as is";
9.2.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it or any material posted on it or any statement or conduct of any third party on or in connection with the Site, including, without limitation, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including without limitation negligence), breach of contract or otherwise, even if foreseeable.
9.3 Where you are obtaining a service from us through the Site, clause 9.2 will not apply to our liability arising from or connected with that service and the following provisions will apply subject in each case to clause 9.4:
9.3.1 Netcars does not accept any liability for either:
(a) any loss of income or revenue, loss of business or loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise even if foreseeable; or (b) any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise, even if foreseeable.
9.3.2 the maximum liability of Netcars to you however arising in connection with that service (including, without limitation, in negligence) will not exceed the aggregate fees which we have received from you for that service.
9.4 Nothing in these Terms shall exclude the liability of Netcars for personal injury or death caused by its negligence, or its liability for fraudulent misrepresentation or fraud or for any other liability which cannot be excluded or limited under applicable law.
9.5 You agree to indemnify and keep indemnified Netcars from and against all losses, liabilities, costs (including legal costs) and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements or sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
9.5.1 any breach by you of any of these Terms; or
9.5.2 any contract or arrangement between you and a third party which is formed directly or indirectly through use of the Site.
9.6 Reference to Netcars in this condition 9 includes its officers, employees, agents and sub-contractors.
9.7 We do not represent that the Site or the material on the Site is appropriate or available for use outside the United Kingdom. If you choose to access the Site from any location outside the United Kingdom, you do so at your own risk and it is your responsibility to ensure compliance with all foreign and local laws and requirements.

10. Miscellaneous

10.1 Registration is personal to you and you may not assign, sub-license or otherwise transfer all or any of your rights under these Terms.
10.2 If any provision in these Terms is found by any court or other body of competent jurisdiction to be wholly or partly invalid or unenforceable then that provision or part will be severed from these Terms and the remaining provisions will continue in full force and effect.
10.3 If you breach these Terms and we fail to act or delay in acting in respect of such breach we will not waive our right to act in respect of any subsequent or similar breach.
10.4 We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
10.5 Any agreement between us is made for the benefit of you and Netcars and, except for condition 9, is not intended to benefit, or be enforceable, by anyone else. 10.6 These Terms shall be governed by and construed in accordance with the laws of England and each of you and Netcars irrevocably submits to the exclusive jurisdiction of the English courts in relation to all disputes arising out of or in connection with these Terms.
10.7. Headings in these Terms are for convenience only and will not affect the interpretation of these Terms.