Acceptable Use

Please read this Acceptable Use Policy carefully before using the Site.

Introduction

This acceptable use policy (“AU Policy”) sets out the terms between you and us under which you may access this website and any other associated websites owned and operated by Manheim Europe Limited or any of its subsidiary companies (together being the “Site”).

This AU Policy applies to all users of, and visitors to, the Site.

Your use of the Site means that you accept, and agree to abide by, all the policies in this AU Policy, which supplement our terms of website use.

1. Prohibited Uses

1.1 You may use the Site only for lawful purposes.

1.2 You may not use the Site:
a) in any way that breaches any applicable local, national or international law or regulation;
b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) for the purpose of harming or attempting to harm minors in any way;
d) 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;
e) any action which would interfere with or disrupt the Site or servers or networks connected to the Site;
f) any action to de-compile, disassemble , modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Site;
g) use of automated means, including spiders, robots, crawlers, or the like to download data from the Site;
h) to obtain contact details for the purposes of harassing our staff or any other illegal activity; and/or
i) to contact advertisers of vehicles other than in connection with a genuine enquiry relating to the purchase by You of the vehicle in question.

1.3 You also agree:
a) not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our terms of website use;
b) not to access without authority, interfere with, damage or disrupt:
• any part of the Site;
• any equipment or network on which the Site is stored;
• any software used in the provision of the Site; or
• any equipment or network or software owned or used by any third party.

2. Interactive Services

2.1 We may from time to time provide interactive services on the Site, including, without limitation chat rooms; bulletin boards; forums and newsgroups etc (“Online Interactive Facilities”).

2.2 Where we do provide any Online Interactive Facilities, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). Notwithstanding the foregoing, we are not able to moderate any live interaction with the advertisers of vehicles (Live Chat).

2.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Online Interactive Facilities service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Online Interactive Facilities we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any Online Interactive Facilities by a user in contravention of our content standards, whether the service is moderated or not.

2.4 The use of any of our Online Interactive Facilities by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Online Interactive Facilities that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Online Interactive Service should be made aware of the potential risks to them.

2.5 Where we do moderate an Online Interactive Facilities, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. However, we are unable to provide this information in relation to Live Chat services.

3. Content Standards

These content standards apply to any and all material which you contribute to the Site (“contributions”), to any Online Interactive Facilities associated with it and to any information you provide to us to register as a customer of ours or as a customer, for instance you will need to register with us to book an appointment with us to bring your vehicle in for an inspection and potential sale at auction.

You must comply with the spirit and the letter of the following standards in relation to any contribution you make to the Site or any information you provide to us.

3.1 Contributions, and any other information you provide to us, must:
a) be accurate (where they state facts);
b) be genuinely held (where they state opinions); and
c) comply with applicable law in the UK and in any country from which they are posted.

3.2 Contributions, and any other information you provide to us, must not:
a) contain any 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) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
i) promote any illegal activity;
j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
k) be likely to harass, upset, embarrass, alarm or annoy any other person;
l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
m) give the impression that they emanate from us, if this is not the case; and
n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

4. Suspension and Termination

4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

4.2 Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:
a) immediate, temporary or permanent withdrawal of your right to use any/all of the Site;
b) immediate, temporary or permanent removal of any posting or material uploaded by you to any/all of the Site;
c) issue of a warning to you;
d) blocking your telephone number or IP address;
e) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
f) further legal action against you; and/or
g) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

4.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

5. Changes to the Acceptable Use Policy

5.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Site.

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