Terms & Conditions

• General
• Car Dealership Terms & Conditions
• Privacy Policy
• Classified Advertising

General

Acknowledgement and Acceptance

Carzone reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. You are responsible for regularly reviewing this Agreement and your continued use of the Carzone web site constitutes an affirmative acknowledgement by you of any modification to this Agreement and consent to be bound by its terms.

Non-Irish Residents

Links to Third Party sites

Dealings with Advertisers

Intellectual Property / Copyright

You hereby acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including software, software architecture, design or code including source and object code, data specifications, drawings, instructions, programs, developments, methods, techniques and improvements; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the Carzone web site (hereinafter referred to as "Intellectual Property") are solely owned by WEBZONE. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.

All web site design, text, graphics, the selection and arrangement thereof and all software are copyright of Webzone. ALL RIGHTS RESERVED

Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

Limitation of Liability

Disclaimer

Please note that all vehicles are subject to prior sales. The Carzone web site, the information and material on the Carzone web site are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to warranties regarding merchantability, non-infringement, fitness for any particular purpose and title.

Carzone does not make any warranty, guarantee nor any representation regarding the quality of or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies on the Carzone web site. Carzone shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.

Indemnity and Waiver

Unlawful or prohibited use

You may not use the Carzone web site in any manner which would damage, disable, overburden or impair the Carzone web site or interfere with any other party's use and enjoyment of the Carzone web site and you may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Carzone web site.

You hereby agree that you will not utilise the contact details of advertisers to canvas or sell to them.

You hereby agree and warrant that you will not publish, post, upload, distribute or disseminate any material or information on the Carzone web site that infringes any copyright or intellectual property rights of any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable and facilitates or promotes illegal activity, depicts sexually explicit images or promotes violence or discrimination.

You hereby agree to indemnify and keep indemnified Carzone its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from any such publication, posting, uploading, distribution or dissemination of any such material or information on the Carzone web site.

Assignment

Modifications to Carzone web site

Carzone shall not be liable to you or any third party should Carzone exercise its right to modify or discontinue the Carzone web site.

Entire Agreement

Waiver

Invalidity

Dissatisfaction

Governing Law

Car Dealership Terms & Conditions

1. Definitions
In these terms and conditions: the "Publisher" means [Webzone Limited] (trading as "Carzone"); the "Advertiser" means the advertiser of the vehicle; a "Digital Services Agreement" means a completed form setting out details of the Advertiser and the relevant Services; the "Services" means the services provided by the Publisher pursuant to a Digital Services Agreement; and an "Advertisement" means the copy, artwork and any photographs comprising the subject matter of the advert.

2. Digital Services Agreement
Details of the Services and the terms and conditions of such Services may change from time to time and are published on the Carzone Website.

3. Copy, artwork and photographs
3.1 The Publisher may refuse, edit or require to be amended any information or content contained in an advert so as to comply with legal or moral obligations placed on either party; to avoid infringing third party rights, the Codes of Practice of the Advertising Standards Authority of Ireland (“ASAI”) and all other codes under the general supervision of the ASAI or any relevant legislation; to respond to any complaints; or to correct typographical errors or technical inaccuracies that may appear from time to time.
3.2 The Advertiser shall be solely responsible for the accuracy of any Advertisement.
3.3 The Publisher may refuse to publish any photograph used in connection with an Advertisement.

4. Advertiser's obligations and warranties
4.1 The Advertiser shall protect the Services from access by parties not authorised by the Publisher, keep confidential all passwords, security identification or encryption details relating to the Dealer Page, the Carzone Website and any Service and will follow all security instructions issued by the Publisher from time to time
4.2 The Advertiser agrees to access or use any Service solely in respect of its own business. The Advertiser agrees not to:
(a) make any attempt to access, amend or upload information on any other business; or
(b) access any unauthorised areas of the Carzone Website; or
(c) modify or make any attempt to modify the Carzone Website, or any software used in connection with the Carzone Website, or any Service; or
(d) use any software which would corrupt the Carzone Website, or a Service in any way. If the Advertiser does not comply with this clause, the Publisher may suspend, terminate or downgrade the Advertiser's participation in any Service.
4.3 The Advertiser shall not upload files that contain a virus or corrupted data and no warranty is given by the Publisher that the Carzone Website is free from computer viruses or any other malicious or impairing computer programs and the Advertiser shall report to the Publisher any suspected faults of the Service promptly after such suspected faults come to the Advertiser’s attention.
4.4 To the extent permitted by law, the Advertiser shall not reverse engineer, decompile, disassemble or modify any software used by the Advertiser in connection with the Service. The Advertiser shall not use software to access the Service without permission or use software that will corrupt the Service in any way.
4.5 Where the Publisher is transferring Advertiser information to any third party in connection with a Service, the Publisher will use its reasonable endeavours to transfer such information as set out in the description of the Service and without corruption or errors. However, the Advertiser acknowledges that it is technically impossible to guarantee continuity of service or corruption-free or error-free transfer. The Publisher's sole liability in connection with this clause is to liaise with the relevant third party and to re-transfer the relevant information.
4.6 The Advertiser warrants that:
(a) the Advertiser is a motor dealer located in the Republic of Ireland;
(b) save where expressly agreed in writing with the Publisher, at the time and for so long as the Advertiser advertises a vehicle on the Carzone web site then that Advertiser shall have the exclusive right to offer for sale any appropriate vehicle advertised by it;
(c) any advertisement of a vehicle on the Carzone web site by the Advertiser is not intended to advertise any other vehicle;
(d) the Advertiser shall not use the Carzone web site to offer a vehicle for resale on behalf of (an)other motor dealer(s), whether as an undisclosed or disclosed agent;
(e) at the time and for so long as the Advertiser advertises a vehicle on the Carzone web site then the Advertiser shall have control and possession of the vehicle in question, which can be viewed by a potential purchaser interested person at a premises owned or controlled by the Advertiser within the Republic of Ireland;
(f)all copy and any other information and materials provided by the Advertiser is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the Code of Advertising Practice of the ASAI, all other relevant codes under the general supervision of the ASAI and all current relevant legislation;
(g) the reproduction and/or publication of the Advertisement by the Publisher as submitted (or amended) will not breach any contract or infringe any third party intellectual property rights or render the Publisher liable to any proceedings whatsoever; and
(h) it has obtained all third party consents in connection with its Advertisements.

5. Payment
5.1 The Advertiser agrees to pay to the Publisher the charges due for the Digital Services Agreement at the prevailing rate on or before the agreed due date, which shall be 30 days from the date of invoice. If the Advertiser fails to make any payment by the due date then all monies owing by the Advertiser to the Publisher shall immediately become due and payable.
5.2 When a sum owing has not been received in full by the Publisher 30 days from date of invoice the Publisher shall be entitled to suspend the Services (or any part of them) until such time as payment has been received in full.
5.3 The Publisher will under no circumstances be liable to refund all or any part of the charges in the event of the suspension of any Services or termination of this Agreement.

6. Advertising charges
6.1 The Publisher shall have the right to change its scale of charges at any time.

7. Intellectual Property Rights
7.1 All intellectual property rights in any copy, artwork, photographs and other materials which the Publisher (or its representatives) have created or altered and all goodwill arising out of or in connection with the name "Carzone" and the trade marks and logos of the Publisher shall vest in the Publisher.
7.2 Nothing in the Agreement confers on the Advertiser any licence or right to use any trade marks, names or logos of the Publisher or its licensors except as expressly set out in the Agreement.
7.3. The Publisher has no liability or responsibility of any kind for the accuracy or content of any information or any other aspect of any third party websites and the inclusion of hypertext links to such websites does not imply any endorsement of the material contained on such websites or of the owners. The Publisher may at any time and for any reason require the Advertiser to remove any hypertext links to the Carzone Website from any website controlled by the Advertiser.
7.4 The Publisher is hereby permitted to reproduce and publish (or to permit the same) all Advertisements (including without limitation the reproduction and publication of copy, artwork and photographs and other materials) and to include them on the Carzone Website.

8. Cancellation and termination
8.1 The Advertiser shall be entitled to terminate the Agreement by giving not less than 10 working days’ notice in writing to the Publisher, such notice to expire at any time after the end of the first 13 weeks of the Agreement or the Advertiser’s service commencement date.
8.2 The Publisher shall be entitled to terminate the Agreement forthwith on the giving of notice by telephone, fax, email or by letter to the Advertiser and further reserves the right in its sole discretion to refuse to publish any Advertisement or provide any Service where:
8.2.1 the Publisher has reasonable grounds for believing that the Advertiser is in breach of the Agreement;
8.2.2 the Advertiser ceases, or threatens to cease, to carry on its business; 8.4.3 the Advertiser becomes insolvent;
8.3 Termination of the Agreement shall be without prejudice to any rights accrued by the Publisher prior to termination and the Advertiser shall repay the Publisher on an indemnity basis for all costs and expenses (including legal costs) incurred by the Publisher in the event that the Advertiser changes address and fails to notify the Publisher and in recovering any sums due to it under the Agreement.

9. Liability and Indemnity
9.1 The Publisher shall provide the Services with reasonable care and skill in a professional and timely manner. The Advertiser acknowledges and accepts that it is technically impossible to provide the Service free of faults, interruptions or errors and that the Publisher does not undertake to do so. The Publisher shall have no responsibility or liability arising out of or in connection with any communications or network defects, delays or failures (whether temporary or otherwise) experienced by the Advertiser or any third party while accessing the Service.
9.2 From time to time, the Publisher will need to carry out maintenance work on its equipment and systems, and shall use its reasonable endeavours to ensure that, in doing so, reasonable notice is given and minimum disruption to the Service is caused. However, the Advertiser acknowledges that the Publisher cannot guarantee that the Service will be continuously available online.
9.3 The Publisher has the right at its discretion to decline to publish (in whole) or in part or to omit, suspend, change the position , size quality or colouring of or reclassify any Advertisement or information supplied by the Advertiser . The Publisher may at any time update or withdraw any Service or vary the Services, any Service or any part thereof by notice to the Advertiser or by publishing new details.
9.4 The Advertiser acknowledges that where the Publisher has transferred or otherwise transfers information to a third party as part of the Data Export Service, display of any information on the third party website is the responsibility of the relevant third party and the Publisher has no responsibility for the acts or omissions of the third party in question. The Advertiser shall promptly notify the Publisher if the agreement between the Advertiser and any such third party is terminated whereupon the Publisher shall be entitled to cease to transfer information to such third party as part of the Data Export Service.
9.5 Subject to clause 9.7 below, the Publisher shall not be liable to the Advertiser:
9.5.1 for any loss or damage suffered by the Advertiser arising out of or in connection with any total or partial failure to publish or for removing any materials from the Service;
9.5.2 for failure of the Publisher to publish a photograph of any vehicle;
9.5.3 for any loss of copy, artwork, photographs or other materials, which the Advertiser warrants that it has retained in sufficient quality and quantity for whatever purpose; or
9.5.4 in contract, tort (including without limitation negligence), statutory duty or otherwise arising out of or in connection with the Agreement for:
(a) consequential, indirect or special loss or damage; or
(b) any loss of goodwill or reputation; or
(c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings) in each case whether advised of the possibility of such loss or damage and howsoever incurred.
9.6 Subject to clause
9.7 below, the total liability of the Publisher in contract, tort (including without limitation negligence), statutory duty or otherwise arising out of or in connection with the Agreement, in respect of each event or series of connected events shall not exceed
(a) in respect of any Advertisement, twice the total charges paid by the Advertiser to the Publisher for the relevant Advertisement; or
(b) in respect of the Services the greater of EUR100 or the fees paid in connection with the Services over the term of the Agreement.
9.7 Nothing in the Agreement is intended to exclude or restrict any liability the parties may have for death or personal injury or for fraud.
9.8 Any warranties, terms or conditions of any kind whether express or implied, statutory or otherwise, including without limitation, implied terms of satisfactory quality or fitness for purpose, which are hereby expressly excluded to the fullest extent permitted by law.
9.9 The Advertiser agrees to indemnify and keep the Publisher fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with any breach of the Agreement by the Advertiser, any third party complaints or claims brought against the Publisher in respect of any Advertisement, the subject matter thereof or any other materials supplied by the Advertiser in connection with any Service, and for any claim that the use by the Publisher of any copy, artwork, photograph or other materials provided by the Advertiser infringes any third party intellectual property rights.
9.10 Without prejudice to the liability of the Advertiser to pay the relevant charges for any Agreement in full by the relevant due date, in the event of any error, misprint or omission on the Service , the Publisher may either amend the relevant part of the Service or may refund or adjust the charges, at its sole discretion. No amendment, refund or adjustment to the charges will be made where in the Publisher's sole opinion the error, misprint or omission does not materially detract from the Advertisement.

10. General
10.1 It is the responsibility of the Advertiser to make it clear on the Service that the Advertiser is selling goods in the course of a business.
10.2 The Agreement contains the entire agreement and understanding between the parties and supersedes all prior arrangements between the parties relating to the subject matter of the Agreement. Each party acknowledges that it has not entered into the Agreement in reliance upon any representation not expressly set out in the Agreement and neither party shall be liable in respect of any representation made prior to and not contained in the Agreement unless it was made fraudulently.
10.3 The Advertiser may not assign this Agreement, however, the Publisher shall be so entitled.
10.4 No variation of these terms and conditions shall be binding unless agreed in writing and signed by a director of the Publisher.
10.5 No waiver or indulgence by the Publisher shall be effective save in relation to the matter in respect of which it was specifically given.
10.6 Neither party shall be liable to the other for any loss or damage which may be incurred to the extent that it results from any events beyond the defaulting party's reasonable control.
10.7 If one or more of these terms and conditions are found by any competent authority to be invalid, unlawful or otherwise unenforceable then such terms and conditions shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
10.8 Nothing in these terms and conditions shall confer any rights or benefits or otherwise in favour of any person other than the Advertiser and the Publisher.
10.9 The Agreement, which incorporates these terms and conditions, shall be governed by and construed in accordance with Irish law and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the Irish courts.

Carzone Privacy Promise

Email addresses

Third parties

Classified Advertising

Introduction

All references to "us" refers to Carzone, a trading style of Trader Publishing Ltd. This service offers the facility to place an advertisement for a used vehicle on the Carzone.ie web site and its affiliates.

Advertisement Contents

Advertisers listing more than 3 cars in a 12 month period will be listed as Trade advertisers

Carzone reserves the right to decline to publish the whole or part of any advertisement. The advertisement copy you supply must be legal, decent, honest and truthful and must not in the sole opinion of Carzone bring our business into dispute or conflict. Carzone may amend the advertisement to ensure compliance with these requirements. Carzone is not able to verify the truthfulness of any statements (including the authenticity of photographs) made by a customer in the advertisement copy. Accordingly, the customer shall be responsible for any losses, expenses or other costs incurred by Carzone caused by an untrue statement or inaccurate photograph supplied by the customer.

In order to meet the technical and production requirements of the web site, Carzone reserves the right to edit, amend or alter the copy or photograph supplied by the customer.

No contract will be deemed to exist between the customer and Carzone until the advertisement has been accepted for publication on the web site.

The copyright in all adverts (including text and photographs) shall be owned by us and you hereby assign all such copyright to us.

Payment and Security

Order Confirmation

Changing your Advert

Removing your Advert

Liability

Where an advertisement does not appear on the web site despite the user receiving confirmation, the customer will be entitled a refund of the advert price, unless the omission, cancellation or mismatch was caused by unforeseen circumstances beyond the reasonable control of Carzone or breach of contract by the customer. Carzone reserves the right to remove any advertisement at any time, at our sole discretion.

Carzone's liability for breach of contract or negligence shall not exceed an amount equal to the price of the advert or series of adverts involved.

Irish law shall govern the terms and conditions of this contract of which they form a part.

Privacy Policy

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