LAVENDER MOTORS WEBSITE USER AGREEMENT

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will not hold Lavender Motors Limited responsible for other users' actions or inactions. The Site is a venue to allow anyone to offer, sell, and buy motor vehicles. At no point do we have possession of anything listed or sold through the Site.
We do not review our users and we are not party to the actual transactions between buyers and sellers. You will not hold Lavender Motors Limited responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off our website) or for ensuring that they actually complete transactions.
We have no control over, do not guarantee, and you will not hold us responsible for:


• the quality, safety or legality of motor vehicles advertised;
• the truth or accuracy of listings;
• the ability of sellers to sell items;
• the ability of buyers to pay for items; or
• whether a buyer or seller will actually complete a transaction.

Please do not assume that the offer, sale, purchase, export or import of any motor vehicle is valid and legal simply because it is listed on the Site.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site.
Lavender Motors Limited cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the Site.
We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site.
Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100.
Release
If you have a dispute with one or more users, you release us (and our directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and interference
You agree that you will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your express consent.
Compensation
You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.
No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.

Notices

Except as explicitly stated otherwise, notices to Lavender Motors Limited shall be sent by registered post to Nile House, PO Box 1034 Nile Street, Brighton, East Sussex. We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to Lavender Motors Limited when you registered as a member of Lavender Motors Limited. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered post shall be deemed to have been received by that party 3 days after they are sent.

Third party rights

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
Governing law and dispute resolution
This User Agreement shall be governed by and construed in accordance with English law. You and Lavender Motors Limited both agree to submit to the non-exclusive jurisdiction of the English Courts.
If a dispute arises between you and Lavender Motors Limited you may address complaints to Nile House, PO Box 1034 Nile Street, Brighton, East Sussex. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Additional terms

The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this User Agreement and provide additional terms and conditions related to specific services offered on the Site. We expect you to read all of the linked documents carefully
Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, we advise you to check whether the applicable policy or rule has been amended on the Site as you will be bound by the latest version of any applicable policies or rules which may be posted on the Site from time to time. All such policies or rules are hereby incorporated into this User Agreement.

General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of the sections.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

We may amend this User Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us.

This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.

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