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Terms and Conditions

The following Terms and Conditions apply to your use of Motability's website.

Acceptance of Terms of Use

The following terms form a binding agreement between you ("you", "the user") and the operator of this website which is Motability (Registered Charity in England and Wales No. 299745) whose registered office is at Warwick House, Roydon Road, Harlow, Essex CM19 5PX (“Motability”, “we”, “us” or “our”). Please take the time to carefully review these terms.

The permission granted to you to use this website ("Site") is conditional upon you complying at all times with these terms and our Privacy Policy ("Terms of Use"). By accessing and using the Site including any feature, function, content or service provided on or through the Site, you, and any person, company or other entity on whose behalf you are accessing our Site agree to our Terms of Use.

Modifications

We may revise these Terms of Use at any time by amending this web page.  These terms should be checked regularly for changes, and your continued use of the Site after the effective date of any such changes constitutes your continued acceptance of our Terms of Use as amended from time to time, but no changes will be retroactive. If you do not agree with our Terms of Use, please immediately discontinue the use of our Site.

We also reserve the right to modify or discontinue any aspect or feature of this Site including access to or use of this Site. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.

Privacy and Cookie Policies

We process information about you in accordance with our cookies and privacy policy . By using our Site, you consent to such processing and you warrant that all data provided by you is accurate. We use cookies in accordance with our cookie policy. Our privacy and cookie policy are incorporated into and form part of our Terms of Use.

Site Ownership

All content, information, functions, and infrastructure used or provided on or through our Site is proprietary to us, our sellers, licensors, and any other third party contributors or partners. By accepting our Terms of Use you agree not to copy, distribute, transmit, modify, display, reproduce, perform, publish, license, transfer, create any similar or derivative works from, or sell or re-sell any information, software, services or products obtained from or through our Site.

Site Availability

We grant you access to and the use of the Site on a temporary basis only and we retain the right in our sole discretion to deny access to the Site to anyone on any account for any reason and at any time. You agree that we shall not be liable for any termination of your use of or access to the Site.

We do not guarantee continuous or secure access to our Site and the operation of our Site may be subject to interference by numerous factors outside of our control. We will endeavour to maintain an uninterrupted and error free service, but we cannot guarantee this and we do not give any promise or warranty, whether express or implied, about the availability of our Site.

We are not responsible for any loss or damage caused by any interruption of access to or use of this Site due to faults or circumstances outside our control including but not limited to link failures, power difficulties, telephone outages, network overload, default or failure of a third party (including a public telecommunications operator), government actions, failure in the supply of a third party's access line or any event of force majeure.

Site Information and Information Transmitted Over the Internet

We endeavour to keep the information and other content and materials on the Site up to date, but we do not guarantee that any information or other content on the Site is up to date, complete and accurate at any time and we reserve the right to amend any information or other content at any time without prior notice to you. We accept no liability or responsibility for any loss or damage which you may suffer or incur if you use or rely on any information, ideas, content or materials on this Site.

We try to ensure the security of all information transmitted through our Site; however, we have no control over the security of the internet or any networks you choose to use to access or communicate with our Site and we are not responsible for the security of any information that you may choose to communicate to us and our Site while it is being transmitted, and we are not responsible for any data that may be lost upon or during transmission.

Prohibited Activities

You will not carry out or assist, solicit or encourage any of the following activities to be carried out on or in relation to our Site:
• Create or contribute to an unfriendly environment, including by offensive, abusive, hateful or discriminatory messages, including on any community or forum web pages or other web pages including any user generated content;
• Post content which is false, misleading, inaccurate, defamatory, or obscene, or which is spam or bulk in nature;
• Scan, or attempt to scan, or test the security and/or configuration of our Site, including breaching security or authentication measures of our Site;
• Act in any way which is damaging or prejudicial to our name, reputation or goodwill.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.

Intellectual Property Rights

Our Site contains material which is protected by copyright, trademarked, or otherwise constitutes or contains proprietary content or information, including any and all text, software, photographs, images, video, graphics, music, sound and databases ("content"). All Site content is protected under applicable intellectual property laws. The selection, coordination, arrangement and enhancement of such content, as well as the original content itself is owned by us or is used by us with the permission of the relevant third party owner.

Copying, distributing, publishing or transmitting any Site content, including in a modified or derivative form, is strictly prohibited and a breach of these Terms of Use, and any such action is an infringement of intellectual property rights and may result in civil and/or criminal action and sanctions. Copying, redistribution, retransmission, publication or commercial exploitation of Site content is not permitted unless otherwise expressly permitted under applicable intellectual property laws which may not be contractually excluded. If we allow you to copy, redistribute or publish any Site content, you agree not to delete or modify any writer attribution, trademark legend or copyright notice. You do not acquire any ownership of or other title to or interest in any Site content which you may download. You may access and download Site content and store a copy on a temporary basis for the sole purpose of viewing the webpages of this Site, but the permanent storage, copying or re-distribution of these webpages is prohibited.

At no time will you upload or post or otherwise have presented on the Site any content which is owned by a third party and/or protected by any proprietary right, including but not limited to copyright or trademark held by a third party, unless you have the express written permission of that third party. At no time will we be under obligation to provide you with any indication, marking or any other notice that may assist you in the determination as to whether any such content is so protected. Any loss or damage or other harm which may result from your presentation of such content will be your sole responsibility and liability.

If you submit any content to a public area of our Site, you warrant that any content owner has at such time expressly granted to us a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate and distribute that content, including in any other work or material in any form, media or technology known or hereafter developed. You agree that any other user may access, view, store or reproduce that material for that user's personal use. You also agree that we may edit, copy, publish and distribute any and all material that may be made available by you on this Site.

If you believe that we or any third party has infringed your intellectual property rights by using any content on the Site in any material way, please notify us and provide the following:
• identification of the intellectual property right claimed to have been infringed;
• identification of the content that you claim is infringing so that we may locate it on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorised by the owner, its licensee, and an agent of either of the foregoing, or by law; and
• a statement by you that the information in your notice is accurate, made under penalty of perjury, and
• confirmation that you are, or you are authorised to act on behalf of, the owner of the intellectual property involved.

Please direct inquiries regarding any intellectual property infringement to us using the contact details provided in the 'Contact' section below.

Links

You will not arrange for any third party website to be connected to any part of this Site by way of hyperlink or otherwise without our prior written consent which you agree may be revoked by us at any time. Copying from websites of third parties is subject to any requirements applicable to those sites.

Links may appear on our Site to the websites of affiliated or non-affiliated parties. In either case, we do not endorse and we are not responsible for the content or accuracy of external websites that link to this Site or which are linked from it. If you access an external website through one of our links, you do so at your own risk.

Disclaimer of Warranty

By accepting these Terms of Use, you expressly acknowledge, understand and agree that you access and use this Site at your own sole risk and that your use of the Site is on an "as is" basis and as and when available. All warranties, conditions and representations, express or implied, including but not limited to, title, non-infringement, merchantability, quality, and fitness for purpose are hereby excluded and disclaimed to the fullest extent permitted by applicable law.

Limitation of Liability

Neither we nor any of our subsidiaries, affiliates, employees, agents, sellers, third-party content providers or licensors, or any of their officers, directors, employees or agents, shall be liable for any indirect, consequential, special, incidental, or punitive losses or damages which may arise out of or in connection with the use of the Site or the use of or reliance upon any of its content.

Our total aggregate liability in respect of causes of action that arise, whether in tort (including negligence), breach of contract or otherwise out of or in connection with the use of the Site or the use of or reliance upon any of its content or other information shall not exceed £500, save to the extent that any person suffers death or personal injury as a result of our negligence, or such liability arises as a result of our fraudulent misrepresentation, or otherwise if and to the extent that any such liability may not be lawfully excluded or limited.

International Users

The Site is controlled, operated, and administered by us from our offices within the United Kingdom and we make no representation that any Site content is appropriate or available for use at any other location outside the United Kingdom. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.

General

No delay, omission or forbearance by us to exercise or enforce any right, power or remedy under the Terms of Use shall operate as a waiver thereof, and any single or partial exercise or enforcement thereof shall not preclude any other or further exercise or enforcement thereof or the exercise or enforcement of any other right, power or other remedy.

Section headings in the Terms of Use are used for convenience and are of no legal force or effect.

If at any time any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms of Use or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms of Use.

Choice of Law and Resolution of Disputes

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and any dispute arising out of or in connection with any service or product that we make available on or through the Site shall be governed by and construed in accordance with the laws of England and Wales. The English courts will have exclusive jurisdiction over any dispute or claim arising out of or in connection with your use of the Site including these Terms of Use and their subject matter (including non-contractual disputes or claims).

Contact

Questions, comments and requests regarding these Terms of Use are welcomed and should be addressed to: Motability, Warwick House, Roydon Road, Harlow, Essex CM19 5PX

Motability is a registered charity in England and Wales No. 299745. VAT No. 665808010.

Motability is authorised and regulated by the Financial Conduct Authority. You can confirm our registration on the Financial Services Register at the FCA's website by referencing our Permission Number 736309, or by contacting the FCA on 0800 111 6768.

If you have a complaint or serious concern about our Site please contact us using the above contact details. Please understand that reporting a concern about Site content does not guarantee that it will be removed from the Site.