This is a legal agreement between Tradeouts Ltd. and the user ("you" or "your") for the use of this Web Site (Tradeouts).
You must read these terms and conditions carefully.
Your use of the Web Site will be subject to these terms and conditions.
We reserve the right at any time to:
• Change the terms and conditions of this Agreement;
• Change the Site, including eliminating or discontinuing any content on or feature of the Web Site
• Change any fees or charges for using the Web Site.
Tradeouts.com is a product of Tradeouts Ltd, a UK company. Company registration number: 3870322. Vat No. 125 354 138
Users must be over 18 years of age to use the Web Site.
The User agrees to comply with all applicable law, statutes and regulations in connection with the use of the Web Site.
As a condition of your use of this Web Site you agree that you will not:
• Reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (save to the extent expressly permitted by applicable law);
• Disclose, publish, transfer or otherwise make available any of the contents of the Web Site or information learned by you whilst using the Web Site;
• Provide to or arrange to permit to any other person, access to the Web Site;
• Remove, change or obscure any product identification or notices of proprietary rights or any restriction on the Web Site;
• Remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site;
• Make copies, modify or alter (including the creation of HTML links to or from the Web Site) all or any part of the Web Site or any materials contained on the Web Site.
User must use the Web Site only for lawful purposes. Users must not:
• Publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libelous, or are alleged to be, or are in the opinion of Tradeouts Ltd., thought to be slanderous or are otherwise unlawful;
• Upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
• Download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used;
• Harass, stalk, threaten or otherwise violate the rights of others;
• Hack into, deliver viruses or engage in any other behaviour intended to inhibit any other user from using and enjoying the Web Site that is otherwise likely to damage or destroy the reputation of the Web Site;
Tradeouts Ltd accepts no obligation to monitor the use of the Web Site by the users. Tradeouts Ltd reserves the right to disclose any information as required by law or regulations to remove, refuse to post or to edit any information or materials and to take such other action as may be reasonably necessary to prevent any breach of these terms occurring.
The Web Site (including the software used to operate it) is owned by Tradeouts Ltd. The User is not granted any right or interest in these except as stated in these terms.
The User shall notify Tradeouts Ltd. immediately if the User becomes aware of any such unauthorised access, use or copying by any person.
Tradeouts Ltd may change the format of the Web Site at its sole discretion from time to time.
Tradeouts Ltd. may, from time to time suspend the operation of the Web Site for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Web Site.
In the event of any failure or error in the operation of the username or password, the User shall cease using the username and/or password and exit the Web Site immediately, and notify Tradeouts Ltd. of such failure or error.
The User is responsible for obtaining and updating its own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the Web Site.
Tradeouts Ltd. reserves the right to approve all users prior to giving them access to the Web Site and may in its sole discretion accept or reject any user without giving reasons.
User will comply with all directions and instructions given by Tradeouts Ltd. in relation to the use of and access to the Web Site and Services.
• No partnership, agency, joint venture relationship is intended or created by these Terms.
• You agree that Tradeouts provides a Goods trading website and shall in no way be party to the contract for the sale or purchase of the Goods by any member. Tradeouts shall under no circumstances be liable for any representation made on the Website.
Tradeouts Ltd. does not exclude or limit liability for death or personal injury resulting from its negligence or any other liability which may not by applicable law be excluded or limited.
Subject to Disclaimer(1), in no event shall Tradeouts Ltd. be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising).
Subject to Disclaimer(1) + Disclaimer(2) above Tradeouts Ltd.'s liability to user whether in contract, tort or howsoever arising is limited to the amount paid by the user in respect of the services in the previous 12 months.
The user shall indemnify Tradeouts Ltd. and keep Tradeouts Ltd at all times indemnified against any loss or damage arising from unauthorised use of the web site or disclosure of the password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by the user of any of its obligations under these terms and conditions.
Tradeouts Ltd. supplies the Web Site and the Services "as is" and, to the extent permitted by law, makes no representation or warranty (express or implied) about the accuracy, quality or completeness of any information or materials made available on the Services or the Web Site or third party web sites linked from the Web Site. Tradeouts Ltd shall not be liable for any action taken by a User as a result of relying on any information provided in the Web Site or the Services or third party web sites or for any loss or damage suffered by a User as a result of a User taking such action.
Tradeouts Ltd. does not accept responsibility for the security or content of any information which users supply through the Web Site and will not be liable for the content of any communication or messages received by User from other users.
The User is solely responsible for its use of the Web Site, username, password and any information made available on the Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use.
Tradeouts Ltd. does not warrant that the Web Site will be uninterrupted or error or defect free.
Payment enquiries can by made by telephone, email or post. Customers can expect a response to email and telephone enquiries within a maximum of 48 hours.
Free trials are only available to new subscribers to Tradeouts. Previous subscribers or trialists do not qualify for a free trial. The free trial is available only once to any one company/organisation. Subsequent free trials by the same company at any address, or by another person at the same address, are not permitted. You must have internet access and valid payment details to redeem a free trial offer.
Your free trial period will commence on the date registration is completed and the account is successfully created. We will begin billing you at the end of your free trial, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the Tradeouts Service, unless you cancel prior to the end of your free trial. We will continue to bill you by your chosen payment method for the Tradeouts Service until you complete the cancellation process.
Free trials are only available to professional motor trade organisations that have a: a) demonstrable trading history, b) active trading website, c) active trade insurance policy.
Customers that cannot satisfy the above criteria may be granted access at Tradeouts discretion. In such instances Tradeouts may require prepayment with a "free month" membership given at the end of eleven months continual subscription.
Customers, who opt to pay monthly for their subscription, can cancel their subscription at any time without incurring any cancelation penalties. Their Tradeouts account will remain functional as normal until the last day of the current month's subscription. No payment will be taken thereafter.
Cancellations should be initiated by telephoning our Support Team on 01327 589 589.
Cancellation requests need to be received 5 working days before your subscription is due to rebill to ensure that we have time to process the cancellation request before the next payment is due.
Tradeouts Ltd offers its members a subscription based upgrade service. These subscriptions range between a 7 day to an annual membership fee.
We also offer advertising space to companies / organisations on selected areas of the website. (Please email us for further details)
Refunds may be given at the discretion of the management under certain circumstances. See below for further information on refund requests.
Tradeouts Ltd. does not accept responsibility for any of the following; lack of interest in your advertisement; unwanted / unused membership (partly used or otherwise); inability to access the website or other members for any reason; non responses from other members; unwanted / no longer needed advertisement space.
As a customer it is your responsibility to understand this before upgrading your subscription with Tradeouts.com.
We would honour refund requests for the following:
Websites can on very rare occasions experience severe technical problems.
Although Tradeouts.com is thoroughly tested, on occasion some technical issues may occur. We reserve the right to rectify any minor issues such as page errors or temporary loss of service within 72 hours.
If Tradeouts.com experiences major technical issues, such as becoming totally inactive (ie, the website cannot be accessed / found due to our server hosting error) for longer than 7 working days, we will endeavour to extend your membership in order to fulfil your allotted subscription time.
If severe technical problems continue indefinitely Tradeouts.com will notify you to discuss solutions. Alternatively we recommend you contacting us for assistance.
In such cases, claims for a refund for non-delivery of membership due to prolonged technical problems on our server (over a consecutive 7 working day period), must be emailed to email@example.com within a further 7 working days (ie. 14 working days from the start of the problem).
Tradeouts Ltd. reserves the right to change its refund policy at any time without notice. It is the customers / members responsibility to keep abreast of changes to policy.
Please note that we do not bear any responsibility for incompatibility with your browser or third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) and therefore we do not satisfy any refund request based on these. We do not guarantee that our services are fully compatible with any third-party programs and we do not provide support for third-party applications.
Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner.
Following registration by the User, Tradeouts Ltd. will deliver the username and password to the User. Delivery may be by any reasonable means (including electronic or postal delivery).
The User shall keep the username and password confidential at all times. Any breach of these terms and conditions by anyone to whom the User discloses the password will be treated as if the breach had been committed by the User, and will not relieve the User of its obligations under these terms and conditions.
The User shall take appropriate security measures to prevent unauthorised disclosure of the username and password and will notify Tradeouts Ltd. immediately if the password becomes known to any unauthorised user.
The User will use the username and password only for access to the Services;
The User will notify Tradeouts Ltd. of any changes to its registration details.
By using this site customers give prior permission for Tradeouts Ltd. to refer calls to the customer on an 0871 number at 10p/minute or billed in seconds if supported by the network provider.
Should you experience any difficulty or have any query regarding our call referral service please call 01327 589 589 or email firstname.lastname@example.org. Calls to this number are charged at your standard network rate.
• You agree that the Goods are previously owned vehicles and are sold as seen. Buyers should satisfy themselves prior to bidding as to the description, suitability and condition of the Goods. None of the photographs or illustrations of Goods available should be relied upon to give an accurate or full depiction of the state or condition of the Goods. Accordingly, all conditions and warranties implied by law, trade, custom or practice are hereby excluded and except to the extent that such exclusion is otherwise prohibited by any law.
• The Seller hereby agrees that he is liable for all information (including photos) that he uploads/provides to the Website including but not limited to any false or misleading information or photos.
• The Seller agrees to indemnify Tradeouts against all claims, losses, damages, legal fees and consequential loss as a result of the information it provides or uploads to the Website.
• The Seller agrees to indemnify Tradeouts against all claims, losses, damages, legal fees and consequential loss made by the Buyer or any third party in respect of the vehicles road worthiness and safety.
• The Buyer acknowledges and agrees that in the event of an accident caused by a fault with the car which results in a claim being made, the Seller is the correct defendant in this matter and not Tradeouts.
• Tradeouts shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, business opportunities, or damage to goodwill (whether such losses are direct or indirect) to either party.
• All the parties agree that Tradeouts is acting solely as auctioneer and shall not be liable and shall not be deemed to have given any warranties in respect of the Goods or services supplied hereto.
As a User that wishes that wishes to advertise vehicles ("Goods") for sale on the Website:
• You agree that you are the owner or have the right to use the pictures and text used to advertise the Goods and that in uploading this to the website you are providing us with a licence to use the same.
• You are the owner of the Goods or have the authority from the owner to sell the Goods in accordance with section 12 of the Sale of Goods Act 1979.
• You agree that the description of the Goods uploaded by you to the Website accurately describe the Goods and you agree to indemnify Tradeouts against all claims, losses, damages in respect of the description of the Goods.
• After a bid has been placed you may not withdraw it for any reason.
• In the event of a bid being received in the final minute of the auction, a further minute will be added to the end of the auction to allow for subsequent bids.
• To be the winning bidder, your bid must be the highest bid at the end of the auction.
• If the reserve price for the auction is not met, the selling dealer has 24 hours to accept your highest bid as the winning bid.
• When the auction ends, the agreement for the purchase of the vehicle becomes binding.
• The vehicle must be paid for in cleared funds by agreement of the seller and collected within 72 hours of the auction ending.
• Title for the vehicle passes to the winning bidder on receipt of cleared funds.
• The vehicle may only be collected after the seller is in receipt cleared funds.
• Collection of the vehicle is at the winning bidders expense.
• Tradeouts reserves the right to refuse or remove bids and/or suspend, cancel or extend auctions at its absolute discretion.
• Tradeouts is not obliged to assist in any disputes between Seller and Bidders.
• Tradeouts will bid on a vehicle on your behalf up to your maximum bid in £100 increments. This is sometimes referred to as "Proxy bidding".
• If your maximum bid placed exceeds the reserve price, the system will only take the reserve price. As subsequent bids are placed, "Proxy Bids" will then be placed on your behalf up to your maximum bid.
These terms and conditions shall be governed by and interpreted in accordance with the laws of England and you consent to the exclusive jurisdiction of the English Courts in all disputes arising out of or relating to the use of this Web Site. The Web Site is operated and controlled by Tradeouts Ltd. from its offices in the United Kingdom. Tradeouts Ltd makes no representation that information or material contained at its Web Site is appropriate for use in other jurisdictions. Users who access the web site from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws. You agree that Tradeouts Ltd may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving User notice. Tradeouts Ltd may delay enforcing their rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. Tradeouts Ltd may amend, vary or supplement these terms and conditions at any time. Tradeouts Ltd will post a notice of any such amendments on the Web Site and such amended terms will automatically be effective. These terms and conditions (as varied from time to time) form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
These terms and conditions are applicable across the Tradeouts Platinum Loyalty Scheme and any participation is considered as acceptance of these.
The Tradeouts Platinum Loyalty Scheme and Tradeouts Platinum Loyalty Card are issued by and remain the property of Tradeouts Ltd. which may terminate the scheme or amend the conditions of the scheme at any time.
Members are only entitled to one Tradeouts Platinum Loyalty Card per account.
Tradeouts Ltd may decline to issue, withdraw or cancel Tradeouts Platinum Loyalty Scheme membership, Tradeouts Platinum Loyalty Card and Loyalty Points, in whatever form, and/or remove a member from the scheme at any time, where there is reasonable belief of:
• any abuse or attempted abuse of the scheme.
• any breach or attempted breach of these terms and conditions.
• any behaviour relating to Tradeouts Platinum Loyalty Scheme membership, Loyalty Points or Tradeouts Ltd. that involves theft, misconduct, offensive behaviour, or supplying false information.
Loyalty Points can only be redeemed through Tradeouts
Loyalty Points cannot be transferred, bought, sold or in any way traded.
Members will need to use the features of the Tradeouts website that have allocated points values to start accumulating Loyalty Points. The amount of Loyalty Points awarded may change and will vary depending on the features used and their Loyalty Points allocation at that time.
Loyalty Points will not be awarded for non-qualifying usage and are at the discretion of Tradeouts Ltd.
Tradeouts Ltd is entitled to remove Loyalty Points any time if an account goes into arrears and/or we receive no payment for membership for a period of time, which is the discretion of Tradeouts Ltd.
Loyalty Points awarded may be removed or cancelled if Tradeouts Ltd determines that the Loyalty Points were collected in breach of these terms and conditions or were awarded in error. For the avoidance of doubt, any advice or actions of our staff that is contrary to these terms and conditions will not have the effect of changing these terms and conditions.
Loyalty Points have no value until used against the rewards offered through the scheme.
Tradeouts Ltd is under no obligation to award Loyalty Points for any reason outside of qualifying usage.
If you cancel your Tradeouts membership, any Loyalty Points you have accumulated will also be cancelled.
If you reinstate your Tradeouts subscription, Loyalty Points that you may previously have accumulated before you cancelled, cannot be reinstated.
The Loyalty Points values accredited to the use of/purchase of Tradeouts features may change when we deem it necessary.
Loyalty Points may only be redeemed by the contact we have listed on our Tradeouts records.
The promoter of Tradeouts Platinum Loyalty Scheme, Tradeouts Platinum Loyalty Card and Loyalty Points is Tradeouts Ltd, 1 Cottesbrooke Park, Heartlands, Daventry, NN11 8YL.
These terms and conditions are correct as of January 2013 and shall be governed by and construed in accordance with the laws of England, and any disputes will be decided only by the English courts. Tradeouts Ltd reserves the right to change these, at any time, on reasonable notice for legal, regulatory, business or policy reasons. Members who continue to participate in the scheme following such a change will be considered to have accepted the updated terms and conditions.
A person who is not a party to these terms and conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.