Terms of Use

These Terms of Use were last updated on 23rd May 2018.

This website at motorway.co.uk (the “Website”), is operated by, or on behalf of, Motorway Online Ltd (“Motorway”, “we” or “us”) to provide users free online price comparison services for car-related transactions (“Services”).

Contacting us

If you have any questions you can contact us at International House, 24 Holborn Viaduct, London EC1A 2BN or email us at hello@motorway.co.uk.

Agreeing to the Terms of Use

By using our Website, you agree to comply with and be bound by the following terms and conditions, together with our Privacy Policy and any other documents referred to therein (the “Terms of Use”). If you do not agree to these Terms of Use, you must not use this Website.

Changing the Terms of Use

We reserve the right to amend these Terms of Use from time to time. The amended Terms of Use will be posted on this Website, and will become effective from the date they are posted. Your continued use of this Website after any such post will constitute your acceptance of, and agreement to, any changes.

Our Services

This Website provides the Services through which you may:

  • Submit details of your car or another vehicle to get an online valuation via one or more of our car buying partners (“Partners”); and
  • Submit your personal contact details in order for us or our Partners to contact you about your car valuation, and/or a potential transaction regarding your vehicle.

By submitting your details to us and so creating an account with us, you warrant that are over 18 years old, reside in the United Kingdom and that the details you provide to us are true, accurate, complete and current. If you are submitting information via the Website about a car you do not own, or on behalf of another person, you warrant that you have all the requisite permissions necessary to provide us with such information to use in accordance with these Terms of Use.

You accept that any online valuation shown on our Website is indicative only and is based on a set of assumptions about your vehicle. You understand that the actual price offered and/or paid for your vehicle by a Partner may change following further discussion with, or inspection of the vehicle by, one of our Partners. Submitting your details to our Website does not oblige or bind you to sell your vehicle to any of our Partners.

Specific services that we offer, or make available to you from time to time, through the Website may also be governed by additional or alternative terms and conditions with us, or other third parties (including third party privacy policies). Where you take up any such services, please review these additional terms and conditions carefully.

Motorway Partners

You acknowledge that the valuations on our Website (and, if applicable, any subsequent purchase of your vehicle) are offers from our third party Partners, not from us. You are not contracting directly with us for the provision of any car buying services and those services do not form part of the Services. Although we select our Partners carefully (to attempt to provide you with the best possible price for your vehicle, and the best possible customer service), we are not party to your transaction with any Partner. As such, we do not make any representations, guarantees or warranties of any kind that the prices provided to us by our Partners are accurate, or representative of the true value of your car.

When you request a car valuation, your details (including certain information we collect about you through your use of the Website in accordance with our Privacy Policy) may be passed to the relevant Partner that we deem most suited to your vehicle, or whoever we may choose to contract with. You agree that the relevant Partner may contact you to further discuss your car and agree a purchase price should you wish to proceed with the sale. Use of this Website in no way obliges you to accept a price offered by any of our Partners.

All communications between you and any of our Partners is subject to the terms and conditions of that Partner, and we accept no responsibility for any deal, car purchase, payment or disputes that may arise between you and the Partner.

Third Parties and Third Party Services

In accordance with our Privacy Policy, we may:

  • provide your details to other third parties that supply related services and they may contact you to discuss these by email or telephone; and/or
  • work with third parties ((including, for example, advertising networks, analytics providers, automotive data providers, search information providers or social networks) and receive information about you from them.

You understand that this Website may contain:

  • links to third party products, services, websites (including links to Partner websites) and/or suppliers that are not affiliated with us. We have no control over these products, services or websites and we do not guarantee, endorse or take responsibility for them.
  • advertising from third parties. We are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this Website should not be taken as an endorsement by us of any kind.
  • data provided by third parties. We accept no responsibility for any inaccuracies in this material.

You agree to release us from claims or disputes of any kind arising from such third party content or in any way connected to such disputes with third parties.

Website Content

The Services, including the content on this Website are provided for information only. We are not giving you any advice, investment, financial or otherwise in respect of your car; or recommending or endorsing any Partner or other third party service. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.

User Content

By submitting content on this Website or otherwise providing content to us – such as photographs of your car or any personal financial information – (“User Content”), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the User Content. You waive any moral rights you may have in the User Content. You warrant and represent that you have all rights necessary to grant us these rights and that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us.
Any personal data that you provide via the Website, or we otherwise collect about you when you take up our Services or use the Website, will be governed by our Privacy Policy.

Our Intellectual Property

We, or our licensors, own all intellectual property rights in the Website, information and content available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website and the underlying source code (“Motorway IP”). All rights are reserved.
We grant you a revocable, non-exclusive, non-sub-licensable, non-transferable licence to use Motorway IP only to the extent necessary to retrieve, display and print content pages for your own personal, non-commercial use of the Services and Website, subject to your compliance with these Terms of Use.

Warranties about the Website

The Website (including all content on it) is provided by us on an “as is” and “as available” basis. To the maximum extent permitted by the applicable law, we disclaim all warranties, representations or guarantees of any kind, either express or implied:

  • regarding the Website (including its content), including as to quality, suitability for any purpose (including your needs), compatibility, reliability, accuracy, completeness, timeliness, access or use of information provided by any Partner and/or is accessed or obtained by you via the Website, or otherwise through using our Services; or
  • that the Website will operate continuously, without interruptions or be fault-free. From time to time, we may need to make the Website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.

Although we use reasonable endeavours to ensure that our Website does not contain or promulgate any viruses or other malicious code, we do not guarantee that our Website will be free from bugs, viruses or malicious code and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, programs or data due to your use of our Website.

We make this Website, including any offer or promotion of any Service, available for United Kingdom residents only and we make no representations, guarantees or warranties that the Services are available or appropriate for use by those outside the United Kingdom.

Pricing claims

The aim of the Website is to give our customers a simple, online way to find the highest purchase price offer for their vehicle from our Partners.

We regularly conduct research on headline purchase price offers from our Partners on a sample of vehicles. From this sample, we calculate the difference between the highest and lowest headline price offers returned by our Partners. We may then use this data in pricing claims to illustrate the benefit of using our Services. Any claims relating to this research are subject to change over time and variance in different samples. Research and related claims will be updated regularly.

Exclusions of our liability

We will not be liable to you for any loss or damage (including, without limitation, any indirect or consequential loss), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • Your use of, or inability to use, this Website and/or our Services.
  • Your use of, or reliance on, any content or software displayed on or provided through, our Services and/or Website.
  • Any failure or delay in any component of our Website, the provision of any Service or the provision by a Partner of its services to you or any third party.
  • Any transaction or agreement between the you and any Partner, or attempt to enter into an agreement or transaction with any Partner, such as the sale or purchase of a car.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

In the event that you are dissatisfied with, or dispute these Terms of Use, to the maximum extent permitted by law, your sole right and exclusive remedy is to cease to use our Website. Without prejudice to the preceding paragraphs of this section, our entire liability arising from or in relation to your use of our Website (whether in tort (including negligence), contract or otherwise) will be limited to fifty pounds sterling (£50) unless we otherwise agree in writing.

Indemnification

You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of: (i) your use of this Website, whether as a signed-up user who has conducted a vehicle valuation or otherwise]; (ii) your breach of these Terms of Use; or (iii) the infringement by you of any intellectual property or other right of Motorway or any other person or entity.

Restrictions on use of the Website and Services

You must not (and you must not allow others to) :

  • use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to view or access the Website or Services for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content on our Website.
  • attempt to gain unauthorised access to our Website or Services, the server on which our Website or Services is stored or any server, computer or database connected to our Website.
  • reproduce, republish, transmit or distribute any content or information on this Website, or that form part of our Services, including as part of any database (electronic or otherwise), without our prior written consent.
  • transmit any material designed to interrupt, damage, destroy or limit the functionality of our Website or Services or otherwise interfere with any other user’s enjoyment of our Website or Services.
  • use our Website or Services other than for your own domestic personal use and always in accordance with these Terms of Use, any policy or other notice on our Website.
  • attempt to copy our data our reverse engineer, disassemble or decompile our processes or any part of the Website or Services.
  • use the Website or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by introducing malicious code, including viruses, trojans and worms.
  • use our Website or Services in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us or any Partner).
  • infringe any rights (including intellectual property rights) belonging to us or any third party in relation to your use of the Website or Services, including not removing or altering any copyright notices that appear on our Website or Services.
  • use this Website or the Services to conduct car valuations for cars you do not own (unless you have received permission to do so from the owner), or submit false personal or contact information in order to obtain pricing data for a vehicle or multiple vehicles.

We reserve the right, in our sole discretion and without notice to you, to terminate the licences granted to you in these Terms of Use and prevent future access by you of this Website and/or the Services if we have reasonable ground to believe you have breached these Terms of Use.

General

Nothing in these Terms of Use intends to deprive you of any rights you may be granted under applicable mandatory laws (including mandatory consumer protection laws).

If we do not immediately insist that you do something you are required to under these Terms of Use, or if we delay in taking steps against you in respect of you breaking these Terms of Use, that will not prevent us from taking steps against you at a later date.

If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion shall not affect the validity and enforceability of the rest of these Terms of Use.

Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms of Use by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms of Use.

These Terms of Use are governed by English law (including non-contractual disputes or claims) and you agree to that the English courts shall have non-exclusive jurisdiction over any dispute that may arise between you and us in relation to these Terms of Use.