AutoCommercial Website Terms and Conditions

Last updated April 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US

WHAT’S IN THESE TERMS?

These terms (“the Terms”) set out the rules for using our website: www.autocommercial.co.uk (“the Site") and a reference to "you" or "your" is a reference to the user of this Site.

INDEX

• Who we are and how to contact us.
• By using our Site you accept these Terms.
• We may make changes to our Terms.
• We may make changes to our Site.
• Your obligations and acceptable use.
• Interactive service and conduct.
• Registration.
• Intellectual Property.
• Warranty.
• Barring from the Site.
• We may suspend or withdraw our Site.
• Our Site is only for users in the UK.
• We are not responsible for websites we link to.
• Rules about linking to our Site.
• Our responsibility for loss or damage suffered by you.
• Which country's laws apply to any disputes?
• Customer feedback and quality.

1. WHO WE ARE AND HOW TO CONTACT US

We are AutoCommercial which is a trading name of MHW 60 Ltd (company number 7456284) and our address is 59 Wigan Road, Ormskirk, Lancashire L39 2AP (referred to as "we" or "us" or "our"). Our VAT number is 102 9035 55.

We are the providers of the Site and we are not a business or property sales or lettings agency. It is our Registered Users which includes the sellers / landlords of the business or property (or their agents) that display the business or property details for you to view.

To contact us, please email info@autocommercial.co.uk or by post to our address above.

2. BY USING THE SITE YOU ACCEPT THESE TERMS

These Terms set out all of the rules and obligations that apply to your use of the Site.

By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Site.

You must be at least 18 years of age to use the Site and by using the Site and accepting these Terms, you confirm that you are at least 18 years of age.

These Terms are a legally binding agreement between you and us and we recommend that you download and store a copy of these Terms for future reference.

These Terms may also make reference to other terms that apply when using the Site, such as our Privacy Policy and Cookie Policy.

3. WE MAY MAKE CHANGES TO OUR TERMS

We amend these Terms from time to time by updating them on the Site and every time you wish to use the Site, please check these Terms to ensure you understand the terms that apply at that time.

4. WE MAY MAKE CHANGES TO THE SITE

We may from time to time change the content of the Site or suspend or discontinue any aspect of the Site, which may include your access to it.

5. YOUR OBLIGATIONS AND ACCEPTABLE USE

You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use the Site and that your computer system is compatible with the Site.

You must not misuse our system or the Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and the Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Site and any forms you submit must be a genuine enquiry.

You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or the Site and you must not use any scraping technology on the Site. Any such use or attempted use of an automated program shall be a misuse of our system and the Site. Obtaining access to any part of our system or the Site by means of any such automated programs is strictly unauthorised.

You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.

Whenever you make use of features that allow you to upload content to the Site, or to make contact with other users via the Site, you must comply with the content standards set out in these Terms at clause 6 below.

You warrant that any such contribution does comply with these standards and, if you are a business, you will indemnify us against any breach of this warranty.

6. INTERACTIVE SERVICES AND CONTENT

When you fill out and submit an enquiry form on the Site, your personal data will be processed in accordance with our Privacy Policy.

All content that you upload to the Site will be considered non-confidential and nonproprietary and we have the right to use any such content for any purpose, subject to the terms of our Privacy Policy. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to the Site breaches that third parties’ legal rights.

The views expressed by users on the Site do not represent our views or values.

All content that you upload to the Site must:

• be accurate (where you state facts);
• be genuinely held (where you state opinions); and
• comply with the applicable law of the country from which they were posted.

Your content must not:

• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
• contain any material which does or could potentially infringe the intellectual property rights of a third party.

We will determine in our discretion whether there has been a breach of this clause and where we believe a breach has occurred we may take such action as we deem appropriate. This action may include the following:

• immediate, temporary or permanent withdrawal of your right to use the Site;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
• further legal action against you; and
• disclosure of such information to law enforcement or authorities as we reasonably feel necessary.

In addition to all of our rights set out above, we reserve the right to take down any content that you upload to the Site at any time without notice and without having to give a reason.

7. REGISTRATION

To gain access to certain details and services on the Site you will need to register as a Registered User (free of charge) and you must be at least 18 years of age. At our discretion, we may refuse your application for registration.

Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.

You undertake that all information provided by you for the purposes of registering with us is accurate and complete

You accept sole responsibility for all use of and for keeping secret any password that may have been given to you or chosen by you for use on the Site. You will notify us immediately of any unauthorised use of them or any other breach of security of the Site of which you become aware.

We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms

8. INTELLECTUAL PROPERTY

The copyright and all other intellectual property rights in the Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files, links and other materials published on it) belong to us and all rights are reserved.

Subject to clause 5, you may download material from the Site for the sole purpose of using the Site where we provide an option for you to do so. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.

9. WARRANTY

Whilst we endeavour to ensure that any material available for downloading from the Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

Due to the nature of software and the internet, we do not warrant that your access to, or the running of, the Site will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.

The information provided on the Site is for general interest only and does not constitute specific advice. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

We give no warranties or representations that the business or property information on this Site is correct, accurate or up to date.

We give no warranty or guarantee that the Site or information available on it complies with laws other than those of England.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

We are not a business or estate agency and the business and property details available on the Site are provided to us by Registered Users for your information only. We do not verify the business and property details provided on the Site and give no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all business and property details and take the appropriate professional advice before making any decisions or taking any action in regard to the businesses and properties advertised on the Site.

10. BARRING FROM THE SITE

We reserve the right to bar users from the Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion.

11. WE MAY SUSPEND OR WITHDRAW THE SITE

Our Site is made available free of charge and we do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

12. THE SITE IS ONLY FOR USERS IN THE UK

Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.

13. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

The Site contains links to websites operated by third parties and we have no control over their individual content. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked website and the links are for your convenience only. We do not recommend any products or services advertised on those websites and if you decide to access any third party website linked from the Site, you do so at your own risk.

14. RULES ABOUT LINKING TO THE SITE

You must not include links to the Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any "deep link" to any page on the Site.

You may link to our home page at www.autocommercial.co.uk and pages within the Site provided you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.

The Site must not be framed on any other site and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user we do not exclude or limit in any way our liability to you where it would be unlawful to do so but subject to this proviso:

• we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
• we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
• We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and the Site and we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site
• We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
• If you choose to contact Registered Users using the Site we do not accept any liability for any subsequent communications that you receive directly from that member.
• If you are a consumer user please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If you are a business user we exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it and we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Site; or use of or reliance on any content displayed on the Site. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

• 16. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms, their subject matter and their formation (and any noncontractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

17. CUSTOMER FEEDBACK AND QUALITY

We try to ensure that all customer feedback is dealt with fairly and consistently and is properly recorded. We welcome any suggestions that you make about how we may improve our service and please contact us at using the contact details at the beginning of these Terms. We aim to acknowledge all customer feedback.

BUYERS NON-DISCLOSURE AGREEMENT

This Agreement sets out the terms on which the sellers (“the Sellers”) are prepared to make available to you certain confidential information (“the Information”) relating to their company, business and assets (“the Business”).

The Information will include the fact that the Sellers are considering the sale of the Business as well as all other Information provided to you by the Sellers or their Agents whether oral, written, digital or in any other form.

In consideration of being provided with the Information you agree and undertake to the Sellers to fully comply with the terms and conditions set out at 1-8 below:

1. You must treat the Information as strictly private and confidential and exercise at least the same degree of care with it as you would exercise with your own confidential information which you do not wish to be disclosed.

2. You may use and apply the Information solely for the purpose of evaluating the Business in order to decide whether you wish to proceed with negotiations for the purchase.

3. You must not disclose the Information or any part thereof to any person or body other than those members of your staff or those of your professional advisors who need to have access to it in order to evaluate the Business and then only to the extent actually needed to perform such evaluation and to ensure that each of those persons is fully aware of the confidential nature of the Information and complies with the terms of this Agreement.

4. You must not divulge the Information or any part thereof to the Sellers’ employees, customers, suppliers or franchisors (if applicable) without the Sellers’ prior authority and you must not for a period of twelve months from the date of receipt of the Information solicit the services of any of its employees nor solicit custom from any of its customers or suppliers unless already doing business with them, except by general advertisements.

5. Your obligations of confidentiality contained in this Agreement will not apply to any of the Information which passes into the public domain unless it so passes through any breach of the terms of this Agreement.

6. You understand and acknowledge that whilst the Sellers believe the Information to be accurate, its disclosure is not intended to be on the basis of any express or implied warranty to that effect.

7. These terms and conditions are governed by and shall be construed in accordance with the law of England and Wales. Your obligations shall continue indefinitely unless and until you have completed a binding agreement for the purchase of the Business and shall then only determine in respect of the part of the Business you have purchased. No relaxation or forbearance by the Seller in enforcing their rights shall prejudice such rights nor shall any waiver or any breach act as a waiver of any subsequent or continuing breach. The invalidity or unenforcability of any term or right arising out of this Agreement shall not in any way affect the remaining terms or rights.

8. This Agreement will remain in force until it is terminated in writing by either party and accepted in writing by the other party with the proviso that the terms of the Agreement will continue to apply in relation to any Information provided prior to the termination.

AGENTS NON-DISCLOSURE AGREEMENT

This Agreement sets out the terms on which the sellers (“the Sellers”) are prepared to make available to you certain confidential information (“the Information”) relating to their company, business and assets (“the Business”).

The Information will include the fact that the Sellers are considering the sale of the Business as well as all other Information provided to you by the Sellers or their Agents whether oral, written, digital or in any other form.

In consideration of being provided with the Information you agree and undertake to the Sellers to fully comply with the terms and conditions set out at 1-8 below:

1. You must treat the Information as strictly private and confidential and exercise at least the same degree of care with it as you would exercise with your own confidential information which you do not wish to be disclosed.

2. Before disclosing the Information or any part thereof you must ensure that the release of the Information to your Client has been approved by the Sellers or their Agents and that your Client is fully aware that the Information is confidential and has agreed to treat the Information in accordance with the terms and conditions set out in the Buyers Non-Disclosure Agreement.

3. You must not disclose the Information or any part thereof to any person or body other than your Client or your Client’s members of staff or professional advisors who need to have access to it in order to evaluate the Business and decide whether to proceed with negotiations for the purchase and to ensure that each of those persons is fully aware the Information is confidential and covered by the terms and conditions set out in the Buyers Non-Disclosure Agreement.

4. You must not divulge the Information or any part thereof to the Sellers’ employees, customers, suppliers or franchisors (if applicable) without the Sellers’ prior written authority.

5. Your obligations of confidentiality contained in this Agreement will not apply to any of the Information which passes into the public domain unless it so passes through any breach of the terms of this Agreement.

6. You understand and acknowledge that whilst the Sellers believe the Information to be accurate, its disclosure is not intended to be on the basis of any express or implied warranty to that effect.

7. These terms and conditions are governed by and shall be construed in accordance with the law of England and Wales. Your obligations shall continue indefinitely unless and until your Client has completed a binding agreement for the purchase of the Business and shall then only determine in respect of the part of the Business your Client has purchased. No relaxation or forbearance by the Sellers in enforcing their rights shall prejudice such rights nor shall any waiver or any breach act as a waiver of any subsequent or continuing breach. The invalidity or unenforcability of any term or right arising out of this Agreement shall not in any way affect the remaining terms or rights.

8. This Agreement will remain in force until it is terminated in writing by either party and accepted in writing by the other party with the proviso that the terms of the Agreement will continue to apply in relation to any Information provided prior to the termination.

BUYERS NON-DISCLOSURE AGREEMENT

This Agreement sets out the terms on which the sellers (“the Sellers”) are prepared to make available to you certain confidential information (“the Information”) relating to their company, business and assets (“the Business”).

The Information will include the fact that the Sellers are considering the sale of the Business as well as all other Information provided to you by the Sellers or their Agents whether oral, written, digital or in any other form.

In consideration of being provided with the Information you agree and undertake to the Sellers to fully comply with the terms and conditions set out at 1-8 below:

1. You must treat the Information as strictly private and confidential and exercise at least the same degree of care with it as you would exercise with your own confidential information which you do not wish to be disclosed.

2. You may use and apply the Information solely for the purpose of evaluating the Business in order to decide whether you wish to proceed with negotiations for the purchase.

3. You must not disclose the Information or any part thereof to any person or body other than those members of your staff or those of your professional advisors who need to have access to it in order to evaluate the Business and then only to the extent actually needed to perform such evaluation and to ensure that each of those persons is fully aware of the confidential nature of the Information and complies with the terms of this Agreement.

4. You must not divulge the Information or any part thereof to the Sellers’ employees, customers, suppliers or franchisors (if applicable) without the Sellers’ prior authority and you must not for a period of twelve months from the date of receipt of the Information solicit the services of any of its employees nor solicit custom from any of its customers or suppliers unless already doing business with them, except by general advertisements.

5. Your obligations of confidentiality contained in this Agreement will not apply to any of the Information which passes into the public domain unless it so passes through any breach of the terms of this Agreement.

6. You understand and acknowledge that whilst the Sellers believe the Information to be accurate, its disclosure is not intended to be on the basis of any express or implied warranty to that effect.

7. These terms and conditions are governed by and shall be construed in accordance with the law of England and Wales. Your obligations shall continue indefinitely unless and until you have completed a binding agreement for the purchase of the Business and shall then only determine in respect of the part of the Business you have purchased. No relaxation or forbearance by the Seller in enforcing their rights shall prejudice such rights nor shall any waiver or any breach act as a waiver of any subsequent or continuing breach. The invalidity or unenforcability of any term or right arising out of this Agreement shall not in any way affect the remaining terms or rights.

8. This Agreement will remain in force until it is terminated in writing by either party and accepted in writing by the other party with the proviso that the terms of the Agreement will continue to apply in relation to any Information provided prior to the termination.

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