TERMS AND CONDITIONS FOR AUTO GENIE

Last updated [month day, year] September 10, 2021.

1. AGREEMENT TO TERMS

1.1  These T&Cs apply to the Site, located at https://autogenie.co.uk/ as well as our Mobile App

1.2  The following terminology applies to these Terms and Conditions: “Buyer”, “Seller”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our”, ”The Site”, and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Buyer, Seller and ourselves.

1.3  By accessing the Site, you hereby agree that you are at least eighteen (18) years of age And you acknowledge that you have read and agree to be boun d by these T&Cs our Privacy Policy located at https://autogenie.co.uk/privacy-policy/.

1.4  The Site links car buyers and sellers. We only provide a medium where buyers and sellers can find, buy or sell what they want respectively. We are not a party to any transaction between buyers and sellers. As a result, WE DO NOT GUARANTEE OR ENSURE ANY VEHICLE OR ANY TRANSACTION BETWEEN A BUYER AND SELLER, COLLECT OR PROCESS PAYMENT OR TRANSFER OF TITLE ON BEHALF OF BUYERS OR SELLERS, OR WAREHOUSE, STORE, SHIP OR DELIVER ANY VEHICLES. THEREFORE IN THE EVENT OF ANY CONFLICT ARISING BETWEEN BUYER AND A SELLER WHILE CONDUCTING THEIR TRANSACTIONS, WE WILL NOT BE HELD LIABLE FOR ANY FRAUD, MISREPRESENTATION OR DAMAGES.

2. DEALER AND MANUFACTURER INCENTIVES AND OFFERS

2.1  Advertisers on the Site may include information about special offers, incentives, or pricing programs associated with a specific brand, model, or vehicle (“Offers”).

2.2  We are not responsible for the content of a ny such Offers, nor responsible for any errors or omissions in Offer contents or descriptions

2.3  Users of the site should contact the relevant advertiser for full details on any such Offers, including eligibility requirements, limitations and restrictions, and availability.

3. SITE CONTENT

3.1  All information and content available on this Site (collectively, “Content”) is protected by copyright and other intellectual property laws.

3.2 The Content is owned by Auto Genie, its Affiliates, and/or their respective licenso rs and suppliers (collectively, “Licensors”).

3.3  The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, informati on or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without our prior written consent.

4. COPYRIGHTS AND COPYRIGHT AGENTS

4.1  It is our policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under all applicable intellectual property laws.

5. TRADEMARKS

5.1  You acknowledge that the Content includes certain trademarks and service marks owned by Auto Genie, its Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks.

5.2  You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.

5.3  Other product and company names herein may be trademarks of their respective owners.

6. SOFTWARE

6.1  Please note that all software progra mming, including without limitation all HTML and other code contained in this Site (collectively, “Software”), is owned by Auto Genie and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international tre aty provisions.

6.2  Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

7. HYPERLINKS

7.1  If you operate a website and wish to link to the Site, you must link to the Site’s home page unless permission otherwise has been granted in writing by Auto Genie. Auto Genie reserves the right to reject or terminate any links to the Content or the Site.

8. USER MATERIALS

8.1  By submitting ads, content, photos, data or other materials (“Materials”) to the Site, you hereby grant to Auto Genie and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, f ully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future.

8.2  You further grant to Auto Genie and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials

9. AUTO GENIE RIGHTS

9.1  Given the nature of the Site and the volume of messages and postings, Auto Genie cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information provider.

9.2  Auto Genie reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason

9.3  By using the Site, you expressly agree that Auto Genie will not be liable to any claims, actions or judgments arising out of or related to any Materials and may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund

10. REPRESENTATIONS/WARRANT

10.1  You hereby represent and warrant that you have all necessary authority, rights and permissions to submit the Materials to the Site, the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person

11. INDEMNITY

11.1  You agree to release, defend, indemnify and hold Auto Genie, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, your use of the Site or any reliance on the Content, your breach of these T&Cs or any actual, prospective or terminated sale or other transaction between you and a third party.

12. PROHIBITED ACTIVITIES

(a)  Submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b)  Engaging in activities or submitting Material that could be harmful to minors;

(c)  Engaging in activity or submitting Material that harasses or advocates harassment of another person;

(d)  Engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to Auto Genie Users or others;

(e)  Engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, def amatory or libelous

(f)  Submitting Material that contains restricted or password-only access pages, or hidden pages or images;

(g)  Submitting Material that displays pornographic or sexually explicit material of any kind

(h)  Submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses

(i)  Engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users;

(j)  Engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes

(k)  Using the Site’s lead forms and/or toll-free numbers to advertise or promote products and services to Auto Genie advertisers

(l)  Using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission

(m)  Using any device, software or routine to interfere or attempt to interfere with the proper working of the Site

(n)  Decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; o

(o)  Taking any action that imposes an unreasonable or disproportionately large load on Auto Genie’s hardware and software infrastructure.

13. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR SOLE RISK. AUTO GENIE, ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE, OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, AND THE LISTING SERVICE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND AUTO GENIE, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE SELLER OR OTHER THIRD PARTIES PROVIDE ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS WEBSITE. AUTO GENIE AND ITS AFFILIATES MAKE NO EXPRESSED OR IMPLIED REPRESENTATIONS OR WARRANTIES TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP, OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOU T A VEHICLE ADVERTISED AUTO GENIE CAN’T AND DOESN’T VERIFY OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THIS INFORMATION. AUTO GENIE RESERVES THE RIGHT TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT IN ITS SOLE DISCRETION. ALL VEHICLES ARE SUBJECT TO PRE-SALE VERIFICATION. ALL CONCERNS, DIFFERENCES, OR DISCREPANCIES ABOUT A VEHICLE MUST BE DISCUSSED WITH THE SELLER BEFORE THE VEHICLE IS SOLD. AUTO GENIE MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU FOR THE PURPOSES OF THIS WARRANTY DISCLAIMER

14. LIMITATION OF LIABILITY

AUTO GENIE, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THIRD-PARTY LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, MATERIALS, THE LISTING SERVICE, THESE T&CS, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU FOR THE PURPOSES OF THIS LIMITATION OF LIABILITY

15. TERMINATION OF SERVICE

15.1  You understand and agree that in Auto Genie’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Auto Genie may exercise any other remedy available and remove any Materials, if Auto Genie believes that your use of the Site and/or any Materials you provide

(a) Violate

(i)  These t&cs
(ii)  The rights of auto genie, any affiliate or licensor, or another user of the site,
or
(iii)  Any law or regulation, or are otherwise objectionable or inappropriate or

(b) Constitute fraudulent activity of any nature

15.2  You agree that monetary damages may not provide a sufficient remedy to Auto Genie for violations of these T&Cs, and you consent to injunctive or other equitable relief for such violations

15.3  Auto Genie is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in Auto Genie’s sole discretion, you have violated these T&Cs.

(o)  Taking any action that imposes an unreasonable or disproportionately large load on Auto Genie’s hardware and software infrastructure.

16. CHANGES TO THESE T&CS

16.1  We reserve the right to update and periodically amend these T&Cs at our discretion and at any time. If we make changes to these T&Cs, amendments will be posted online and the date of update will be included. Your continued use of Auto Genie and its affiliated sites after any such update indicates your agreement to the same. Auto Genie may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability.

17. MISCELLANEOUS

17.1  This Site includes links to other websites not established or supervised by Auto Genie or any Affiliate. Auto Genie and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or
made available through such linked websites

18. GOVERNING LAWS

18.1  These T&Cs will be governed by and construed in accordance with the laws of England and Wales without regard to its conflicts of law provisions

19. DISPUTE

19.1  As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved through mediation or arbitration

19.2  If for any reason a court of competent jurisdiction finds any provision of these T&Cs, or portion thereof, to be unenforceable, that provision of these T&Cs will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these T&Cs will continue in full force and effect

20. WAIVER

20.1  Failure by Auto Genie to enforce any provision of this T&Cs will not be deemed a waiver of future enforcement of that or any other provision of these T&Cs

21. ENTIRE AGREEMENT

21.1  This T&Cs constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this T&Cs, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or gran ting a franchise between the parties.

CONTACT INFORMATION

For general questions, you may contact us https://autogenie.co.uk/contact-us/