Terms and Conditions
Access to the Website is subject to the following terms and conditions. Please ensure you read these terms and conditions carefully. They explain our responsibilities to you and your responsibilities to us. They include provisions that deal with our and your liability.
On accessing or using our Website on this and on each subsequent occasion you will be deemed to have read and accepted all of the terms and conditions that apply to its use. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms and conditions.
In these terms and conditions:
1.“we/us/our” means where the context so requires, Manheim Auctions Limited (company number 00448761) or Manheim Retail Services (company number 02838588) both of Central House, Leeds Road, Rothwell, Leeds, LS26 0JE
2.“Website” means where the context so requires the website manheim.co.uk, manheimremarketing.co.uk or manheimretailservices.co.uk;
3.“you”/“your” means the user of the Website.
1. Access to website
1.1: Access to our Website is permitted on a temporary basis. We reserve the right at any time to suspend or discontinue the Website including, without limitation, for maintenance purposes, without incurring any liability or obligation to you. We accept no responsibility if you are unable to access our Website (whether due to equipment failure, unavailability of communications facilities, mis-configuration or any other reason whatsoever).
1.2: From time to time, we may restrict access to some parts of our Website, or our entire Website. We make no guarantees that the Website will be uninterrupted, secure or error free.
1.3: We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.
2.1: The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
2.2: The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
2.3: We give no warranties, conditions, guarantees or representations, express or implied, as to:- (a) the completeness or accuracy of the advice and/or information contained on the Website or any website to which it is linked; or (b) the content of any advertisements included on our Website; or (c) the quality or condition of the information of the Website.
2.4: You agree to use this Website at your own risk.
3. Copyright and trade marks
3.1: All rights, including copyright, in the content of these web pages are owned by us. Nothing in these terms and conditions in any way confers on you any licence or right to any designs or logos or business names used by us on our Website.
3.2: Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.
3.3: You may copy, reproduce, download, record or use the information on this Website for your own personal, non-commercial use.
4. Your obligations
4.1: You will act lawfully and honestly at all times when you access this Website. You agree not to use the Website for fraudulent purposes or in connection with a criminal offence or other unlawful activity.4.2: You agree that you will not try to post on the Website or use contact addresses on the Website to post any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
4.3: You will not advertise or promote any third party or any of your own products or services. You will not seek to distribute “spam” e-mail through the use of the website.
4.4: You will not seek to introduce any viruses, trojan horses, worms or similar devices on to the Website.
5.1: The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. Any liability for a direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including without limitation any liability for: loss of income or revenue,loss of business,loss of profits or contracts, loss of anticipated savings,loss of data,loss of goodwill,wasted management or office time, and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5.2: We are not liable in any way for failure, interruption, delay or any other matters of a similar nature whatsoever to the Website arising out of circumstances beyond our reasonable control including, but not limited to, fire, explosion, earthquake, flood, storm, riot, civil disturbance, strikes, lockouts and industrial disputes, war, nuclear accident, terrorist activity, failure of equipment or transmission (or other supply) difficulties (except where such failure or transmission (or other supply) difficulties are caused by our negligence or wilful default), the act or order of any government department, council or other constituted body and acts of God.
5.3: The exclusion of liability does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
5.4: You agree to indemnify us for any loss or damage suffered by us arising out or your use of the Website and/or your breach of these terms and conditions of use.
5.5: We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs or free from hacking or other security breaches. It is your responsibility to ensure that you use appropriate virus checking software.
5.6: We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
6. Links to non Manheim websites
The Website may from time to time contain hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
7.1: You may not create any hyperlink or other similar form of connection to this website without our express written permission.
7.2: You may not use this website within any other website.
8.1: We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party.
8.3: If you have a dispute with another user of the Website, you agree to release us from all claims, losses and/or damages of any kind arising out of any such dispute.
8.4: If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
8.5: These terms and conditions are personal to you. You agree not to transfer your rights or obligations under these terms and conditions to anyone else.
8.6: From time to time, we may modify the terms and conditions without prior notice to you. If we do so, we will post the amended terms and conditions on the Website in place of the current version. It is your responsibility to review the terms and conditions regularly. If you continue to use the Website after the amendments are posted, you will be treated as having accepted the revised terms and conditions.
8.7: No partnership, joint venture, employee-employer or franchisor-franchisee relationship arises between us and you by reason of these terms and conditions.
8.8: Notwithstanding any other provision in these terms and conditions, no person other than you or us has any right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these terms and conditions. Nothing in these terms and conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
8.9: These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.
8.10: If you do not agree to obey these terms and conditions you must stop using the Website immediately.