| 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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