By clicking the “Get Started” button, downloading or using any of the Applications, You are acknowledging You are over the age of 18 years, have read, understood and agree to be bound by the terms and conditions of this Agreement and to ensure that Your Affiliates are bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “Get Started” button, do not download and do not use any of the Applications.
This Agreement is:
The Applications are licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Agreement:
Affiliate means Your Family Group; Your employees, personnel, directors, officers, contractors, agents, customers, clients; and any other party who may access the Applications downloaded to Your Device.
Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Applications by You or Your Affiliates.
Applications means the software programs provided by the Company and downloaded by You through an Application Store’s account to a Device, named MOTOM (or any subsequent name adopted by the Company).
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Applications can be downloaded to Your Device.
Buyer means a User who uses the Applications to purchase a Vehicle and where the context permits, includes You.
Buyer Fee means the fee payable to the Company by You when You or Your Affiliate use an Application as a Buyer.
Claims includes any claim, proceeding, suit or demand of any nature howsoever arising including in relation to or in connection with this Agreement or Your use of an Application whether present or future, fixed or unascertained, actual or contingent, whether at law, in equity, under statute or otherwise.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Motom Limited a company registered in England and Wales with company number 13583811. Registered office: 153 Milton Keynes Business Centre Foxhunter Drive, Linford Wood, Milton Keynes, Buckinghamshire, England, MK14 6GD trading as MOTOM.
Content refers to all content posted, uploaded, linked or otherwise made available by a Seller to an Application, regardless of the form of that content and includes text, images and any other information included by the Seller.
Device means any device that can access an Application including for the avoidance of doubt, a computer, a cellphone, a smart watch, a television or a digital tablet.
Family Sharing / Family Group permits You to share Applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
Jurisdiction means England, Wales, Scotland and Northern Ireland.
Losses includes direct and indirect losses, damages, liabilities, costs, expenses, Claims, remedies, matters or actions inclusive of all legal fees and disbursements (on a full indemnity basis) however arising, directly or indirectly.
Penalty Interest Rate means the interest rate fixed pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
Seller means a User who uses an Application to sell a Vehicle and where the context permits, includes You.
Third-Party Services means any services or content (including but not limited to any data, valuations, information, applications and other products services) provided by a third-party that may be displayed, included or made available through an Application.
Users means all persons who download an Application to a Device and includes You and Your Affiliates.
Vehicle means any car, truck, motorbike, or other motorized vehicle which is listed on an Application for sale.
You (referred to as either “You” or “Your” in this Agreement) means the individual, company, association, partnership or any other legal entity accessing or using the Applications .
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Applications strictly in accordance with the terms of this Agreement (the Licence).
You may only use the Applications on a Device that You own or control and as permitted by the Application Store’s terms and conditions.
The License is solely for Your purposes strictly in accordance with the terms of this Agreement.
You agree not to, and You will not permit others to:
When You register an account with Us (Your Account), We may issue You with a username and password to access the information and services contained on the Application(s). You must not divulge Your user name and password to any other person.
You also acknowledge that when you register an account with us, We may validate your mobile number via text message. You agree to provide your current mobile phone number, and to receive text messages and phone calls (from us or our third-party providers) so that we can register your Account, if required by Us.
You must not:
a) use any other person’s name, user identification or password when accessing or using the Application;
b) use the Application in any way which is in breach of or inconsistent with this Agreement;
c) provide any information to Us which is the confidential information or proprietary information of any other person;
d) use the Application in any way which may be in breach of any laws, rules or regulations or may infringe any third party rights; or
e) knowingly transmit any virus or take any action which may interfere with the operation of the Application.
The Company is not responsible for the Content. You expressly understand and agree that each Seller (including You) is solely responsible for the Content which they input into the Application and for all activity that occurs in connection with their account, whether done so by You or any Affiliate.
Your Obligations You must not (and You must not allow Your Affiliates to) post, upload, transmit or in any way use in connection with the Application any Content that is unlawful, inaccurate, misleading, deceptive, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
As a Seller You are responsible for all Content which You or Your Affiliates provide in connection with the Application. You are required to take all reasonable steps to ensure that:
Sellers may also be required to pay a fee to the Company in connection with the sale of their Vehicle. In the event that the Seller is required to pay a fee, we will modify this Agreement in accordance with section 22 below.
As a Buyer You are responsible for ensuring that You or Your Affiliates:
We are not responsible for:
The Company will make the Content accessible to You related to any Vehicle which You have bought or sold for a period of 100 days from the date the relevant transaction is recorded, in the Application, as having completed (i.e. the date that the Buyer and Seller complete the purchase and sale of the relevant Vehicle).
The Company reserves the right to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement and may refuse You access to the Application or remove any Content it deems inappropriate or non-compliant. The Company further reserves the right to make formatting and edits and to change the manner of any Content.
The Buyer Fee is payable by You immediately upon the Seller accepting Your offer to purchase a Vehicle which has been listed on the Application.
Unless otherwise agreed by Us in writing, payments are to be made by direct debit, direct credit or by credit card (Visa or Mastercard only), the details of which must be provided by You at the time of creation of Your Account.
It is Your responsibility to ensure that the finance facility linked to Your Account has enough credit to pay the Buyer Fee on its due date.
In the event that You do not pay any amount which is due by the due date We may:
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Applications, Your Account or any services to which they connect, with or without notice and without liability to You.
Updates to the Applications
The Company may from time to time provide enhancements or improvements to the features/functionality of the Applications, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Applications. You acknowledge and agree that the Company has no obligation to:
a) provide any updates; or
b) continue to provide or enable any particular features and/or functionalities of the Application to You.
c) You further agree that all updates or any other modifications will be:
i) deemed to constitute an integral part of the Application; and
ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Applications. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall provide any such maintenance or support.
The Applications may display, include or make available Third-Party Services.
You acknowledge and agree that the Company is not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or service or product or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity in connection with any Third-Party Services.
You must comply with applicable terms of any Third-Party Services agreement when using the Application. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such terms and conditions as the Third-Party Service provider may impose. The Company may receive a fee in connection with any Third-Party Services which You use.
The Applications will connect You as a Seller or Buyer to other Buyers and Sellers of Vehicles respectively.
Listings of Vehicles offered for sale or advertised in connection with the Applications, contain Content which is not reviewed, approved or in any way connected with Us. We are not party to any Content or any Vehicle sale.
If You sell or purchase a Vehicle, your legal relationship will be with the Buyer or Seller, as applicable, not Us.
We may receive a Buyer Fee in connection with Your use of an Application.
We make no representations about the Content or accuracy or suitability of the information provided about a Vehicle. The information is provided ‘as is’ without express or implied warranty. You use the information at Your own risk.
We may offer Vehicle valuations (including third-party valuations) via the Applications. Any valuations provided by Us are based on a number of factors including (but not necessarily limited to) vehicle make and model, vehicle condition and service history. You acknowledge and agree that:
Whilst all care is taken in producing valuations, no warranty or guarantee is given as to the accuracy or timeliness of them, and You should not rely upon them in any way. To the extent permitted by law, We will not have any liability to You or any third- party for any loss or damage of any nature arising from or in connection with any reliance on any Vehicle valuation.
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from Your Devices.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from Your Devices.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You or Your Affiliates (during the term of this Agreement) of any of Your obligations under the Agreement.
You acknowledge and agree for the benefit of the Company that:
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any and all Losses suffered by the Company in connection with Your use of the Application, including any violation of this Agreement or any law or regulation or violation of any right of a third party.
You agree that:
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice; and liability (including for negligence) to You or anyone else in respect of any loss or damage (including special, incidental, indirect or consequential loss or damage whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose), costs and expenses suffered by You or claims made against You arising from or in connection with any use of the Application for any reason whatsoever.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied:
a) as to the operation or availability of the Applications, or the information, content, and materials or products included thereon;
b) that the Application will be uninterrupted or error-free;
c) as to the accuracy, reliability, or currency of any information or content provided through the Application; or
d) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section 14 shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
In the event that terms, conditions or warranties are implied by law and cannot be excluded, then those terms, conditions or warranties are included, however Our liability is limited at Our option to the amount actually paid by You for the Application, notwithstanding any damages that You might incur.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under for any direct, indirect, incidental, special, consequential losses or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
All components of this Applications, including the software, design, text and graphics are owned by or licensed to Us and are protected by copyright under the laws of the Jurisdiction or the jurisdictions of the parties granting Us the licenses.
We, or our licensors, expressly retain all right, title and interest in any source or HTML code, make-up files, proprietary software, other software, programs, tools, templates, and systems used by Us or Our contractors and agents in providing the Application. You acknowledge and agree that You must not, and must not attempt to, copy, reproduce, republish, transmit, reverse engineer or otherwise access or use such source or HTML code, make-up files and proprietary software.
Apart from fair dealing for the purpose of personal use, private study, research, criticism or review as permitted under copyright legislation, You may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website without our prior written consent.
Content once provided by You to the Applications, is irrevocably licensed to Us.
The Applications may include trademarks which are registered, are the subject of pending applications or which are otherwise protected by law. You may not use these trademarks without our written consent and if we provide such consent we may time limit it or withdraw it at any time. You must not alter Our trademarks in any way.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The Company does not make any representations or give any warranties in respect of the Applications. To the extent You have any claim arising from or relating to Your use of the Applications, you must contact the Company in the first instance, not the Application Store. For the avoidance of doubt, this includes (but is not limited to) any claims relating to:
a) any product liability claims;
b) any claim that the Applications fail to conform to any applicable legal or regulatory requirement; and
c) any claim arising under consumer protection, or similar legislation.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, We will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use an Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
The laws of the Jurisdiction, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and the Company regarding Your use of the Applications and supersedes all prior and contemporaneous written or oral agreements between You and the Company, to the extent of any inconsistency.
You may be subject to additional terms and conditions that apply when You use or purchase other Company services, which the Company will provide to You at the time of such use or purchase.
If You have any questions about this Agreement, You can contact Us:
By email: [email protected]