PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These terms set out your rights and obligations when using our website www.whatcaraffinity.com (“our site”). These terms do not apply to any vehicle purchases you may make as a result of using our site.
1. Who we are and how to contact us
1.1. Our site is operated by Vehicle Procurement Solutions Ltd (“we”, “us”, “our”).
1.2. We are registered in England and Wales under company number 04533687 and have our registered office at Unit 3, East Carleton Business Centre, Rectory Road, East Carleton, Norwich, Norfolk NR14 8HT.
1.3. Our VAT number is 974 8530 77 and we are a limited company.
1.4. To contact us, please use the details provided on our Contact us
2. By using our site you accept these terms
2.1. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
2.2. These terms of use refer to the following additional terms, which also apply to your use of our site:
2.2.1. Our Privacy policy, which sets out what personal data we may collect from our site and how such personal data is used; and
2.2.2. Our Cookie policy, which sets out information about the cookies on our site.
3. Your Account
3.1. In order to access, browse or use our site you must, you must:
3.1.1. be an employee of a participating employer or a friend or family member of such an employee (which is verified by the employee in question upon request);
3.1.2. create and use an account on our site; and
3.1.3. provide accurate personal information as requested during registration, and you are personally responsible for maintaining and updating that information as necessary.
3.2. We reserve the right to suspend or delete your account on our site if you fail to comply with the items above, if you breach any of these terms or if the employer through whom you have accessed our site is no longer participating in the What Car? Affinity scheme.
4. You must keep your account details safe
4.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
4.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
5. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the details provided on our https://www.whatcaraffinity.com/contact-us/.
6. Our role
6.1. We do not buy or sell any vehicles or other products via our site. The contract for the sale and purchase of any vehicles you see on our site is made solely between you (the purchaser) and the relevant car dealer (the seller), in accordance with any terms and conditions agreed between you.
6.2. We do not make any warranties or representations about the vehicles advertised via our site or whether the offers advertised will be available to you personally. All offers are subject to the dealer’s terms and conditions and any sales criteria they may have.
6.3. Our site may include pricing or valuation information for vehicles which are currently offered via our site. However, this is provided for your information only. Any valuation data we provide does not guarantee that the value of the vehicle or the amount you could expect to receive on re-sale. Any valuation guidance we provide is an estimate only and cannot relied upon.
7. We may make changes to these terms and our site
7.1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
7.2. We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
8. We may suspend or withdraw our site
8.1. Our site is made available to you free of charge.
8.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
9. We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
10. How you may use material on our site
10.1. 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.
10.2. You may only use this site for personal use and must not print, download or copy any part of our site, unless expressly permitted by this agreement or by law.
10.3. You may draw the attention of others within your organisation to content posted on our site.
10.4. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.5. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
10.6. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
10.7. 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.
11. Do not rely on information on this site
11.1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
11.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
12. We are not responsible for websites we link to
12.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
12.2. We have no control over the contents of those sites or resources.
13. User-generated content is not approved by us
13.1. This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
13.2. If you wish to complain about content uploaded by other users, please contact using the details provided on our Contact us.
14. Our responsibility for loss or damage suffered by you
14.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
14.2. We act acting solely as an intermediary between prospective buyers and sellers. We therefore do not have, will not have and (to the fullest extent by law) exclude, any liability for the proper performance of any contracts for the sale and purchase of vehicles that may be purchased following a visit to our site.
14.3. If you are a business user:
14.3.1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
14.3.2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site.
14.3.3. In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.
14.4. If you are a consumer user, please note that we only provide our site to consumers for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
We will only use your personal information as set out in our Privacy policy.
16. Rights you are giving us to use material you upload
16.1. When you upload or post content to our site, you grant us the following rights to use that content:
16.1.1. a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever; and
16.1.2. a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site forever.
17. We are not responsible for viruses and you must not introduce them
17.1. We do not guarantee that our site will be secure or free from bugs or viruses.
17.2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
17.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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. 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.
18. Rules about linking to our site
18.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
18.2. 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.
18.3. You must not establish a link to our site in any website that is not owned by you.
18.4. Our site 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.
19. We reserve the right to withdraw linking permission without notice.
19.1. The website in which you are linking must comply in all respects with any content standards outlined on the site from time to time
19.2. If you wish to link to or make any use of content on our site other than that set out above, please contact us using the details on our Contact us.
20. Which country’s laws apply to any disputes?
20.1. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20.2. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.