Terms and Conditions
1. Acceptance of Terms
This website is operated by www.cardealerreviews.co.uk ("we", "us" or "our"). Please read these Terms and Conditions carefully, they set out the basis on which you are allowed to use this website (the "Site") and the information contained within it. They protect you as a user of the Site and seek to prevent the Site from being used for any illegal or unauthorised purposes.
By proceeding with access to the Site, you are deemed to have accepted (i) these Terms and Conditions and (ii) our Privacy Policy. If you do not wish to be bound by these terms you should not use the Site.
2. Purpose of the Site and Information on the Site
The Site is provided solely to assist consumers to gather information in relation to motor dealers and to allow consumers to post reviews in relation to motor dealers on the Site (“Reviews”). It is not provided for any other purpose. In these Terms and Conditions, any information that a user submits to the Site in respect of or concerning a Review (including any data, text or any other material) is defined as “Content”. No Review or Content should be regarded as advice or relied upon as such by you.
Opinions and views contained in Content are those of the users of the Site and are not our opinions or views.
3. Your Use of the Site
Please see section 6 below – General Indemnity by You and section 7 below – Disclaimer/Liability.
3.1 Content
You are solely responsible for any Content submitted by you to the Site. By submitting a Review to the Site, you will confirm to us that your Review (including all Content) is based on your own experience, is factually correct and represents your genuinely held opinion. You are solely responsible for ensuring that all Content supplied by you is up-to-date and not misleading or likely to mislead or deceive. Please see our Contents Standards below.
You confirm that you have not been given any incentive to submit a Review by a given dealership listed within this website.
The Content is intended for individual personal use only – any commercial use of the Content is strictly prohibited.
You must be over 18 years old or otherwise have the express permission of your parent or guardian to use the Site. If your children use our interactive services, please help us with their online safety by making sure they understand the potential risks of using the internet.
3.2 Content Standards
By using the Site, you agree not to post or otherwise publish through the Site any Content that:
A review or review reply can be removed without notice. If a review, or review reply does not pass ours our manual content approval check this will be removed. If a review is Fully Verified you will be informed there is an issue with the review for it to be altered.
(a) is inaccurate, deceptive, fraudulent, misleading, libellous, or defamatory;
(b) is unlawful or illegal, or encourages any unlawful or illegal activity;
(c) is obscene, offensive, or otherwise objectionable;
(d) does not reflect your genuinely held beliefs, based on fact;
(e) is likely to harass any other person;
(f) breaches any legal obligation owed to a third party (such as a duty of confidentiality);
(g) contains the private information of any third party;
(h) impersonates any person or entity or misrepresents your affiliation with a person or entity, including us.
(i) the reviewer must not leave a review during or after the purchase of their vehicle at the dealership premises, any such reviews will not be published. Furthermore should Car Dealer Reviews have reasonable grounds to suspect any other reviews have been posted at the premises of a dealership, Car Dealer Reviews reserves the right to also remove these from our website.
(j) is unrelated to the topic of the Site, as described above; or
(k) in our sole judgment is in violation of any of the above.
(l) even if a purchase has not been made a customer who had an experience at the dealership IS allowed to leave a review about any given business
(m) we hold the right to refuse publishing any review that we have reasonable suspicion to being left by a dealership themselves.
(n) should we find a clear pattern of reviews left from the same IP address we hold the right to suspend all reviews left for a dealership for up to 30 days and remove any already published reviews linked to the same IP address.
If you find any Content on the Site that you consider violates any of the above, please notify us immediately via our email address which is found at the bottom of each page within our website or by emailing direct to info@cardealerreviews.co.uk Please be reminded that any Content that you post to the Site will be publicly available.
3.3 Monitoring of Content by us
Our moderators screen Content to ensure it meets the Content Standards set out in section 3.2 above. This process is called “moderation”. Moderation is used to ensure that the Site is a fair and safe space for all visitors to the Site. Moderation is not intended to censor Reviews. We do not check that Reviews are factually accurate.
If a Review that you have submitted to the Site does not appear on it, or is later removed, our moderators will have decided that its Content does not meet our Content Standards..
A review maybe left on our website on behalf of immediate relatives, spouses or partners, however in these instances a form of proof of purchase must be shared for validation purposes. Failure to provide this information could result in the review being removed if challenged by a dealership.
Although we have no obligation to screen or monitor any of the Content posted on the Site, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason.
3.4 Security of the Site
You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.
4. Intellectual Property
4.1 The copyright in the content and material contained on, in, or available through the Site including without limitation all information, data, text, photographs, graphics, or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to us our group companies or affiliates. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.
4.2 The trademarks, service marks, and logos (“Trade Marks”) contained on or in the Site are registered and/or owned by or licensed to us, our group companies or affiliates.
4.3 You may not reproduce part or all of the contents of the Site in any form unless it is for personal and non-commercial use.
4.4 Except as specifically authorised above, you may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the Material in any form (whether hard copy, electronic or other).
4.5 You may not frame or link to the Site or any part of it without our express permission.
4.6 Save as expressly stated or as necessary to view, print or download extracts of the Material for personal and non-commercial use, none of the Trade Marks or Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without our prior written consent.
4.7 You grant to us a perpetual, worldwide, non-exclusive, royalty-free transferable, licence to use your Content (including, without limit, the right to adapt, alter, amend or change your Content) in any media throughout the world without restriction. You warrant that any Content you submit is your own work (or that you have obtained all necessary rights and permissions from the relevant owner to enable you to grant the rights in this section). You hereby unconditionally and irrevocably waive and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with our exploitation of the rights in your Content granted hereunder, to the maximum extent permissible by law.
4.8 You agree to indemnify and keep indemnified, us, our officers, directors, agents, licensors, successors and assigns against all liabilities, costs, losses, damage and expenses, including without limitation legal fees incurred by us should you breach any of the terms of this section (Intellectual Property).
4.9 Any person leaving a review at www.cardealerreviews.co.uk is therefore signing over the rights to the content & all details left in the fields of the review and as such the ownership of the review its entirety. It is at www.cardealerreviews.co.uk discresion and not that of the reviewer whether a review can be removed from the website.
5. Links To Third Party Sites
The Site may include links to other websites which are not owned, operated, or controlled by us ("Third Party Websites"). We provide you with such links solely for your convenience. The inclusion of such links does not mean or imply that we endorse any Third Party Website, its availability or contents, any agreement or understanding you enter into with a third party through a Third Party Website or the practices of the providers of Third Party Websites, (in respect of all of which, we accept no responsibility). We do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these Third Party Websites.
6. General Indemnity By You
You agree to indemnify and keep indemnified, us, our officers, directors, agents, licensors, successors and assigns against all liabilities, costs, losses, damage and expenses, including without limitation legal fees incurred by us as a result of or related to (i) your breach of these Terms and Conditions or the documents referenced in them; (ii) your Content; or (iii) your violation of any rights of a third party.
7. Disclaimer/Liability
7.1 Use of the Site, Third Party Websites, links to the Third Party Websites, and any information available via the Site is at your own risk. To the maximum extent permitted by law, we disclaim all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the Site and its operation, Third Party Websites, links to Third Party Websites, Reviews, Content and any other information available via the Site.
7.2 We do our best to ensure that the Site operates properly at all times, but we give no warranties as to the availability or accessibility of the Site. Similarly, we do not warrant that the Site will be error-free or free of viruses.
7.3 As a provider of interactive services, we take no responsibility and do not have any liability for any Content added to the Site by you or by any third party, nor will we have any responsibility or assume any liability for any loss or damage thereto, nor are we liable for any inaccuracies, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity you may encounter.
7.4 We will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, in relation to or in connection with the Site (including in relation to any Review or Content), any Third Party Websites, links to Third Party Websites, the information or any products or services offered on or through the Site or Third Party Website, whether by us or on our behalf, for any:
(a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special or indirect or consequential loss,
even if any of the above losses are foreseeable.
7.5 We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Site for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium)..
7.6 Nothing in these Terms and Conditions shall be construed as excluding or limiting our liability or the liability of our group companies for fraud, death or personal injury caused by our negligence or for any other liability which cannot be excluded under English law.
7.7 Each dealership or business listed on Car Dealer Reviews may have a 12 month period to challenge a review. Once this time has passed it is at the discression of Car Dealer Reviews if they will open an investigation into any review.
8. Effect of Failure To Comply With These Terms and Conditions and Our Ability To Disclose Your Information
8.1 Any use of the Site in violation of these Terms and Conditions may result in, among other things, termination or suspension of your rights to use the Site.
8.2 We may access and disclose any information that we consider necessary or appropriate, including, without limitation, your name and email address in order to cooperate with any law enforcement agency or public authority, or to anyone who brings a legal claim against us in connection with any Content posted by you, or any act or omission by you. Our ability to disclose any such information shall take precedence over any terms of the Privacy Policy.
9. Privacy Policy
If you provide information to us (either through the Site or otherwise in connection with a Review), we will use it in accordance with the terms of our Privacy Policy. That Privacy Policy forms part of our agreement with you in relation to the Site.
10. General
10.1 These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and us concerning their subject matter and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and us in relation to such matters.
10.2 We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms and Conditions at any time so you are encouraged to review them from time to time. Any material changes to these Terms and Conditions will be accompanied by a prominent notice on the website. Your continued use of the Site will constitute your acceptance of such updated Terms and Conditions.
10.3 These Terms and Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
10.4 If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
10.5 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
10.6 Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, us and our group of companies.
