This web site ("the Carzone web site") is provided by Webzone Ltd with a registered office at Paramount Court. Corrig Rd, Sandyford, Dublin 18 (hereinafter referred to as "Webzone Ltd").
Acknowledgement and Acceptance
This Agreement (the Agreement) outlines the terms and conditions governing your access to and use of the Carzone web site. By accessing and/or using the Carzone web site you agree to be bound by the terms and conditions contained in this Agreement. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about them please email us at [email protected]
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.
The Carzone web site is for the use of residents of Ireland. Residents of other countries may access and use the Carzone web site, however they do so at their own risk and it is their sole responsibility to ensure that accessing and using the Carzone web site does not contravene their local laws.
Links to Third Party sites
Links included within the Carzone web site may let you leave the Carzone web site and enter into other web sites ("linked sites"). The linked sites are not under the control of Carzone and Carzone is not responsible for the content of any linked sites or any link contained in a linked site or any changes or updates to such sites. Carzone is not responsible for web casting or any other form of transmission received from any linked site. Carzone is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Carzone of the site or any association with their operators.
Dealings with Advertisers
Your correspondence or dealings with, or participation in promotions and/or advertisers found on or through the Carzone web site are solely between you and such advertiser. You agree that Carzone shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the Carzone web site.
Intellectual Property / Copyright
All materials published on the Carzone web site including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips ("Information") is protected by copyright and owned or controlled by WEBZONE LTD.
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 LTD. 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 Ltd. 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
Carzone shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising (including, but not limited to, an action in contract, negligence or other tortious action) that results from the use of information and material available on the Carzone web site. Although rigorous protocols are applied to the Carzone web site, Webzone Ltd, does not make any warranty that the web site is free from infection by viruses or anything else that has contaminating properties. Carzone does not accept any liability for any losses or claims arising from any inability to access the Carzone web site.
The material and information contained in the Carzone web site including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips may contain inaccuracies and typographical errors. Carzone does not warrant the accuracy or completeness of the materials or information or the reliability of any advice, opinion, statement or other information displayed or distributed through the Carzone web site. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. Carzone reserves the right in its sole discretion to correct any errors or omissions in any portion of the Carzone web site.
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
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 your use of the information and material posted on the Carzone web site or resulting from any breach of this Agreement whether such breach is carried out by you, your use of the Carzone web site, your connection to the Carzone web site or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Carzone web site is done at your own discretion and risk and that you waive any right to bring any claim or action against Carzone or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from your access to or use of the Carzone web site.
Unlawful or prohibited use
You hereby acknowledge and warrant to Carzone that you will not use the Carzone web site for any purpose that is unlawful or prohibited by these terms and conditions.
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.
Carzone reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
Modifications to Carzone web site
Carzone reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Carzone web site (or a part thereof) with or without notice. You agree that Carzone shall not be liable to you or any third party for any modification, suspension or discontinuance of the 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.
This Agreement constitutes the entire Agreement between you and Carzone and supercedes any prior agreements, arrangements, statements and understandings between Carzone and you.
A waiver by Carzone of any breach by you of any of the terms, provisions or conditions of this Agreement or the acquiescence of Carzone to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
If you are dissatisfied with the Carzone web site or any information posted thereon, or with any term or condition of this Agreement, your sole and exclusive remedy is to discontinue using the Carzone web site.
This Agreement shall be governed by Irish law and you hereby consent to the exclusive jurisdiction of the Irish courts in all matters regarding it.
Car Dealership Terms & Conditions
In these terms and conditions: the "Publisher" means [Webzone Ltd 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) it is a motor dealer and it has (or the relevant motor dealer it is acting on behalf of has) the right to offer for sale any vehicle advertised by it and it will not use the site to offer vehicle resale on behalf of undisclosed third parties. b)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; c) 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; d) it has obtained all third party consents in connection with its Advertisements.
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 28 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.
10.1 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
Certain forms on the site may ask you for personally identifiable information. The purpose for which this information is used will be explained clearly on the form asking for it; if you feel that this is not clear, please contact us at [email protected]. Carzone does not use such information for marketing purposes, other than in the aggregate.
Carzone will not send you unsolicited email (spam.) The purpose for which an email address is requested will be explained clearly on the form asking for it; again, if you feel that this is not clear, please contact us [email protected]. Generally we use email addresses for functional purposes only, such as to send registration information, receipts, reminders, etc.
Sometimes a form will send your information to a third party other than Carzone. For example, when you make an enquiry about a used car, your information is sent to the seller of that car. Carzone does not have any control over what these third parties do with your information, but we will make every effort to make clear on these forms to whom your information is being sent.
Queries should be addressed to [email protected]