SWVA – Our Website Terms of Use

Table of Contents

1) General
2) Information About Us
3) Data Protection
4) Information About You And You Visits
5) Accessing Our Site
6) Information You Provide
7) Content
8) Prohibited Use
9) Intellectual Property Rights
10) Reliance on Information Posted
11) Our Liability
12) Transactions Concluded Through Our Site
13*) Conditions of Entry & Sale
14) Linking to Our Site
15) Links From Our Site
16) Viruses, Hacking and Other Offences
17) Copyright Notice
18) Variations
19) Misuse Statement
20) Jurisdiction and Applicable Law
21) Your Concerns

1) General

Please Read These Terms Of Use Carefully Before You Start To Use Our Site. They Explain Our Responsibilities To You And Your Responsibilities To Us. They Include Provisions That Deal With Our And Your Liability.
By Entering This Website You Agree To All Of The Terms And Conditions As Set Out Below; Which Shall Be Interpreted According To The Laws Of England.

If You Do Not Agree To These Terms Of Use, Or The Terms Of The Documents Referred To In Them,
Please Refrain From Using Our Site.

2) Information About Us

The Website, swva.co.uk is a site owned and operated by South Western Vehicle Auctions Ltd.
We are a company authorised to conduct business in the United Kingdom.
Our registered office is at:
61 Ringwood Road,
Parkstone,
Poole,
Dorset
BH14 0RG
Registered in England under Company Number: 1008078

3) Data Protection

South Western Vehicle Auction Ltd use of personal information supplied by you when you use this Website is governed by our Privacy Policy.

4) Information About You And You Visits

We process information about you in accordance with our Privacy Policy.
By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

5) Accessing Our Site

5.i) On accessing or using our Website on this and on each subsequent occasion you will be deemed to have read and accepted all of the terms and conditions that apply to its use. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of our Website after changes are posted on-line shall constitute acceptance of the new terms and conditions.

5.ii) Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below).

5.iii) We will not be liable if for any reason our site is unavailable at any time or for any period, (whether this is due to any equipment failure, unavailability of communications facilities,
a mis-configuration or any other reason whatsoever).

5.iv) From time to time, we may restrict access to some parts of our Website, or our entire Website. We make no guarantees that the Website will be uninterrupted, secure or error free.

6) Information You Provide

6.i) If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

6.ii) You warrant that all the information you provide us with when registering to use our site (or when updating your registration details, or when signing up to receive our email newsletters) is true and complete and you shall indemnify us against all liabilities, losses, claims, fees and expenses that may arise out of or in connection with any breach of these terms of use, whether made by you or any third party logging into our site using your log in details.

6.iii) You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site using your user name and password, are aware of these terms, and that they comply with them. You will be liable for all transactions carried out under your user name and password, therefore it is in your interests to keep these safe.

6.iv) You will notify us immediately of any changes to the Personal Information by contacting us by e-mail, enquiries@swva.co.uk or using our Website contact form.

6.v) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

7) Content

7.i) The pages contained in our Website swva.co.uk may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

7.ii) The information contained in the material in our Website is only for information purposes. The material on our Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

7.iii) We give no warranties, conditions, guarantees or representations, express or implied, as to:-

  • (a) The completeness or accuracy of the advice and/or information contained on our Website or any Website to which it is linked.
  • (b) The content of any advertisements included on our Website.
  • (c) The quality or condition of the information of our Website.

7.iv) We update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

7.v) You agree to use this Website at your own risk.

8) Prohibited Use

You may use our site only for lawful purposes. You may not use our site:

8.i) In any way that breaches any applicable local, national or international law or regulation.

8.ii) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

8.iii) For the purposes of harming or attempting to harm minors in any way.

8.iv) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

8.v) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

8.vi) You also agree to not to reproduce, duplicate copy or resell any part of our site in contravention of the provision of these terms of use.

8.vii) You agree to not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.

9) Intellectual Property Rights

9.i) We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.ii) You may print off one copy, and may download extracts, of any page(s) from our Website for your own personal, non-commercial use.

9.iii) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

9.iv) Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

9.v) You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

9.vi) If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9.vii) Any infringement of South Western Vehicle Auctions Ltd rights may result in appropriate legal action being taken against you.

10) Reliance on Information Posted

10.i) Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. South Western Vehicle Auctions Ltd therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

10.ii) In particular, you acknowledge and confirm we have no liability or obligation whatsoever to you in respect of any representation or statement made by us on our site about the specification, colour or condition (together “details”) of the vehicles listed on our site. All such details are provided for information purposes only.

11) Our Liability

11.i) While we will use reasonable endeavours to verify the accuracy of any information we place on our Website; the material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

11.ii) Our Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to our Website, or any transaction that may be conducted on or through our Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

11.iii) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any Websites linked to it and any materials posted on it, including, without limitation any liability for:

  • (a) Loss of income or revenue;
  • (b) Loss of business;
  • (c) Loss of profits or contracts;
  • (d) Loss of anticipated savings;
  • (e) Loss of data;
  • (f) Loss of goodwill;
  • (g) Wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11.iv) We are not liable in any way for failure, interruption, delay or any other matters of a similar nature whatsoever to the Website arising out of circumstances beyond our reasonable control including, but not limited to, fire, explosion, earthquake, flood, storm, riot, civil disturbance, strikes, lockouts and industrial disputes, war, nuclear accident, terrorist activity, failure of equipment or transmission (or other supply) difficulties (except where such failure or transmission (or other supply) difficulties are caused by our negligence or wilful default), the act or order of any government department, council or other constituted body and acts of God.

11.v) This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

11.vi) You agree to indemnify us for any loss or damage suffered by us arising out or your use of our Website and/or your breach of these terms and conditions of use.

11.vii) We make no warranty that our Website (or Website s which are linked to our Website ) is free from computer viruses or any other malicious or impairing computer programs or free from hacking or other security breaches. It is your responsibility to ensure that you use appropriate virus checking software.

11.viii) We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

12) Transactions Concluded Through Our Site

All bids you place through our site and all transactions you conclude for the purchase of vehicles through the use of our site via our ‘Online Auction System’ are governed by our Conditions of Entry & Sale webpage.

13) Conditions of Entry & Sale

The Conditions of Entry & Sale applies to all vehicles and equipment entered for sale and all vehicles and equipment sold by auction. Binding upon every Seller and every Buyer.

View online are full ‘Conditions of Entry & Sale’ Webpage. Or download our ‘Conditions of Entry & Sale’ Download our Conditions of Entry & Sale (PDF)

14) Linking to Our Site

14.i) You may establish a link to our homepage of our Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.ii) Any other linking to our Website is prohibited without our prior written consent.

14.iii) You must not establish a link from any website that is not owned by you.

14.iv) Our site (whether in whole or part) must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the following ‘content standards’:

14.v) Contributions on that website must:

  • (a) Be accurate (where they state facts).
  • (b) Be genuinely held (where they state opinions).
  • (c) Comply with applicable law in the UK and in any country from which they are posted.

14.vi) Contributions on that website must not:

  • (a) Contain material which is defamatory of any person.
  • (b) Contain any material which is obscene, offensive, hateful or inflammatory.
  • (c) Promote sexually explicit material.
  • (d) Promote violence.
  • (e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • (f) Infringe any copyright, database right or trade mark of any other person.
  • (g) Be likely to deceive any person.
  • (h) Promote any illegal activity.
  • (i) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • (j) Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • (k) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • (l) Give the impression that they emanate from us, if this is not the case.
  • (m) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

15) Links From Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and you therefore acknowledge that and accept that we have no responsibility for them or for any loss or damage that may arise from your use of them.

16) Viruses, Hacking and Other Offences

16.i) You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

16.ii) By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

16.iii) We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

17) Copyright Notice

This Website, swva.co.uk is published by South Western Vehicle Auctions Ltd and its contents is protected by copyright law and treaties around the world. All such rights are reserved.

18) Variations

We may revise these terms of use at any time by amending this page. The website user agrees to regularly review our ‘Company Website Terms of Use’ and be aware of the changes made as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

19) Misuse Statement

South Western Vehicle Auctions Ltd reserves the right to prevent your usage of this site if you misuse the contents contained within this website in any manner. South Western Vehicle Auctions Ltd is the final arbiter as to what shall constitute misuse and its decision will be final.

20) Jurisdiction and Applicable Law

20.i) The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

20.ii) These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and you irrevocably submit to the exclusive jurisdiction of the English Courts.

21) Your Concerns

If you have any concerns about material which appears on our site;
please contact enquiries@swva.co.uk
Contact:
South Western Vehicle Auctions Ltd
61 Ringwood Road,
Parkstone,
Poole,
Dorset,
BH14 0RG
Or call us on +44 (0) 1202 745466

Thank You For Visiting Our Site.

Available Download: SWVA Terms & Conditions (PDF) PDF Icon

© South Western Vehicle Auctions Ltd
SWVA Website Terms & Conditions – Version 1 – 24/02/2014