Dealer Terms & Conditions and Data Feed Service.

Before you continue posting or registering as a dealer on Autolook, please carefully read these terms and ensure that you are familiar with those terms and conditions mentioned below. By registering with us as a car or van dealer indicates your acceptance of these terms.  If you do not accept or understand these terms you must not proceed.

In particular your attention is drawn to clauses 2, 3, 7 and 8 of this Terms and Conditions. 

1- In this following terms shall have the following meaning:

  • AUTOLOOK – means company Autolook Limited autolook.co.uk 
  • DEALER – means a person or company selling cars or vans as a business.
  • Advertising Content -  means all Listings uploaded to the Service by the Advertiser.
  • Advertising Period -  means the duration for the package offered for this service
  • Listing -  means a summary of motor vehicle listed for sale in the United Kingdom, which shall consist of a reasonably detailed text summary of that vehicle and its details and accompanying media such as images etc.
  • Inactivity -  means the failure by the Dealer to interact with the service provided by AUTOLOOK hereunder by uploading or updating Listings or otherwise.
  • Feed Provider - means your datafeed provider company

2- The Services

  • For a period of Data Feed or Manual Posting Package purchase, the Dealer agrees to provide the Advertising Content (as defined below) electronically by way of an electronic transfer ("Data Feed") through his Feed Provider or manual upload ("Manual Upload") to AUTOLOOK so that such Advertising Content can be displayed by AUTOLOOK on the website of AUTOLOOK (the "AUTOLOOK Website") for the duration of the Advertising Period. AUTOLOOK does not guarantee that the Services shall lead to any advertising campaign which relies on them being successful, or achieving any particular desired result.
  • Any Listing may be deleted by AUTOLOOK:
    • at the end of the Advertising Period
    • when a new version of that Listing is uploaded to the AUTOLOOK Website by the Dealer through Data Feed.
    • in the opinion of AUTOLOOK: it is likely to, or does, breach any applicable law or regulation; the Dealer has breached or threatened to breach this; the Advertising Content is obscene, blasphemous, defamatory or infringes any copyright, trademark or any other intellectual property rights of any third party; or for any other reason at AUTOLOOK's sole discretion.
    • at the end of the Advertising Period as mentioned in website.
  • In particular, the Dealer may itself delete, update or renew all or part of any Listing from the AUTOLOOK Website by uploading new or updated information by way of the Data Feed or Manual Upload to the AUTOLOOK Website.
  • The Dealer shall at all times be liable and responsible for all aspects of the Advertising Content (whether or not it is published to the AUTOLOOK Website and/or viewable by the public) and shall only upload content where it has all necessary rights and authority to do so. The Dealer shall regularly check the AUTOLOOK website to ensure that the Advertising Content is correct. AUTOLOOK shall not be liable or responsible for checking the Advertising Content to ensure it is correct, accurate and complete and, accordingly AUTOLOOK shall not be liable for any errors, mistakes or omissions in the Advertising Content. The Dealer shall indemnify and hold harmless AUTOLOOK from any loss or damage which it may suffer as a direct or indirect consequence of any error, defect, or omission in the Advertising Material , save where such loss or damage arises as a direct result of the negligence or breach of any terms by AUTOLOOK.
  • AUTOLOOK may delete or amend profiles, listing or refuse to publish any Advertising Content without any reason, at any time.
  • We retain the right at any time during the course of your membership to vary these conditions without notice. It is your responsibility to check the website at regular intervals to ensure that you are familiar with any changes to these terms.

3- Use of Data 

  • The Dealer specifically agrees that AUTOLOOK may enter into agreements with third parties to licence or provide data received from the Dealer during the course of its use of the Service (whereby such data may be mingled or aggregated with other data). Such data may include Personal Data as set out in clause 8 and such data may be used by third parties and distributed via platforms or channels not owned or operated by AUTOLOOK.
  • In particular, the Dealer recognises that AUTOLOOK may sub-licence the use of any and all intellectual property inherent in any Listing to third parties, and that those third parties shall be entitled to display the relevant listings on third party websites and/or similar mediums.
  • Accordingly, Dealer grants AUTOLOOK a worldwide, perpetual, irrevocable, royalty-free licence to use all intellectual property inherent in the Advertising Content for any and all lawful commercial purposes that AUTOLOOK sees fit, and warrants that it has all necessary consents, authority, and permissions to grant such licence to AUTOLOOK.

4- Payments

  • At present the Service is provided free of charge for promotional period for new dealers. AUTOLOOK reserves the right to introduce charges to the Service at any time. In the event that AUTOLOOK gives notice to the Dealer that charges are to be introduced in Dealers dashboard or via email/sms/calls. The Dealer shall have option not to pay in which it may terminate this Service immediately after date mentioned on his dashboard.
  • AUTOLOOK makes no representation or warranty that the whole or part of the AUTOLOOK Web Site shall be accessible at all times or any time or useable by all users of the AUTOLOOK Web Site and/or the Dealer or error free. AUTOLOOK reserves the right without notice to the Dealer, to suspend temporarily or to alter the operation of the AUTOLOOK Website, for legal, technical, or operational reasons.
  • The Dealer shall not use the AUTOLOOK Website for any fraudulent or illegal purposes. The Dealer shall ensure that the Advertising Content does not contain material that is obscene, blasphemous, defamatory, infringing on any rights of any third party or otherwise legally actionable by such third party.
  • The Dealer warrants that it has, or shall procure, all necessary consents, releases and licences for the purposes of this Service, and the Dealer hereby provides, all such consents, leases and licences to AUTOLOOK and any of AUTOLOOK's affiliates providing the Services.

5 - Term and Termination

  • These terms and conditions shall come into force for all the time dealer use the service and shall thereafter renew on expiry of any package. Either Party may at any time, terminate these terms by closing account and stop using service. 
  • Termination of service in accordance with its terms shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either AUTOLOOK or the Dealer.

6 - Liability

  • Notwithstanding any other clause neither Party excludes liability for the following:
    • death or personal injury caused by such Party to the extent to which it arises from such Party's negligence or breach of contract;
    • any fraudulent pre-contractual misrepresentations made by such Party; and
    • any other liability which by law cannot be excluded.
  • In no event shall AUTOLOOK or any affiliate of AUTOLOOK be liable for:
    • any damages caused by the failure of the Dealer to perform its obligations under this Service; the Advertising Content provided by the Dealer;
    • any damage or loss of any materials (in electronic or other form) supplied by the Dealer for the purposes of this Service;
    • the termination of this Service;
    • the cancellation, deletion or suspension of any Advertising Content in accordance with this Service by either Party;
    • temporary interruptions, errors, delays or restrictions to the AUTOLOOK Web Site
    • or as a result of any third party's use of any Advertising Content or Dealer Personal Data where such content is provided to that third party pursuant to clause 3
    • save as otherwise set out in Clause 4.3 below, any damages arising out of this terms and conditions of use.
  • AUTOLOOK shall not be liable to the Dealer in contract, tort, negligence or otherwise for:
    • any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
    • any loss of goodwill or reputation;
    • any loss of data; or
    • any special, indirect or consequential loss.
  • AUTOLOOKs entire aggregate liability in respect of all claims under or in relation to this agreement shall not in any event exceed £1000 or if greater the total amount of all fees received by AUTOLOOK from the Dealer in relation to this contract in the 12 months preceding the relevant event.
  • The express terms of these General Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

7 - Indemnity

  • The Dealer undertakes to indemnify and hold harmless AUTOLOOK against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including - but not limited to - reasonable costs and disbursements incurred in relation to any associated legal proceedings) arising from or incurred due to:
    • any infringement or alleged infringement of any copyright, trademark or any other third party intellectual property rights caused by AUTOLOOK's use (pursuant to this Agreement) of the Advertising Content provided by the Dealer;
    • the Dealer providing any Advertising Content which is obscene, blasphemous, or defamatory or otherwise in breach of any applicable law or regulation or causes third parties to have rights against AUTOLOOK; or
    • any breach of the Dealer's obligations under this agreement, save in each case as a result of the negligence or breach of contract by AUTOLOOK.
    • any breach by Dealer of clause 3 of this Terms and Conditions.

8 - Personal Data

  • The parties acknowledge that the Dealer shall be the Data Controller and that AUTOLOOK shall be the Data Processor in respect of all of the Dealer Personal Data processed under this Service. "Data Controller" and "Data Processor" shall have the meaning set out in the Data Protection Act 1998 ("DPA"). "Dealer Personal Data" shall mean any "Personal Data" (as defined under the DPA) relating to the Dealer or owned or controlled by the Dealer, including all Personal Data provided by or on behalf of the Dealer to AUTOLOOK and any Personal Data included in the Advertising Content provided to AUTOLOOK under this Service. Each Party warrants to the other Party that, in connection with this Terms, it shall comply with its obligations in relation to all of the Dealer Personal Data under the DPA. Dealer recognises that AUTOLOOK may process any of the Dealer Personal Data in accordance with the terms and conditions of this Service, including as set out at clause 3. 
  • For the purposes of the DPA, the Dealer acknowledges that in the course of sending AUTOLOOK any Advertising Content pursuant to this Service, certain Dealer Personal Data may be captured electronically and published on AUTOLOOK and other websites, both now in relation to advertising and subsequently in relation to the motors vehicles, and therefore, such Dealer Personal Data may be transferred and/or accessed by users around the world. The Dealer consents to the use, storage, or processing of the Dealer Personal Data as described in this clause and the Dealer shall ensure that it obtains the same consent from all persons whose Personal Data is included in the Advertising Content. In the event such consent is revoked, the Dealer shall immediately provide written notice to the "AUTOLOOK's Data Protection Officer", Unit 3, 10-17 Sevenways Parade, Woodford Avenue, Ilford, IG2 6JX. If ordered by a court of competent jurisdiction to provide any of the Dealer Personal Data collected by AUTOLOOK under this terms, the Dealer consents to and acknowledges that AUTOLOOK shall provide such requested Dealer Personal Data to that court.

9 - General

  • It is acknowledged and agreed that this terms and conditoins (including the documents and instruments referred to herein) (the "Documents") shall supersede all prior representations arrangements understandings and agreements between the parties relating to the subject matter hereof and shall constitute the entire complete and exclusive agreement and understanding between the parties hereto
  • The parties irrevocably and unconditionally waive any right they may have to claim damages for any misrepresentation arrangement understanding or agreement not contained in the Documents or for any breach of any representation not contained in the Documents (unless such misrepresentation or representation was made fraudulently);
  • It is further acknowledged and agreed that no representations arrangements understandings or agreements (whether written or oral) made by or on behalf of any of the other parties have been relied upon other than those expressly set out or referred to in the Documents.
  • This Agreement may not be assigned, novated, sub-licensed or otherwise transferred by the Dealer in whole or in part or otherwise made available for the benefit of a third party, without the prior written consent of AUTOLOOK. AUTOLOOK may assign, novate, sub-licence or otherwise transfer this Agreement in whole or in part to any third party.
  • Save for any affiliate of AUTOLOOK providing the Services hereunder, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1995 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act. AUTOLOOK and the Dealer may agree to rescind or vary this Agreement without the consent of any of AUTOLOOK's affiliates. AUTOLOOK's affiliates shall be entitled to receive the same protection as AUTOLOOK.
  • At the time of execution of this Agreement, the Dealer warrants that this Agreement has been duly authorised, executed and delivered by the Dealer.
  • This Agreement is governed by the laws of England, and subject to the exclusive jurisdiction of the Courts of England.

 

 

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