User agreement

These terms and conditions (“User Agreement”) are a legal agreement between you and Kiwi Motoring Solutions Limited ("MotoBidder", "we" or "us") who operate the MotoBidder trading platform. This User Agreement sets out your and our rights and obligations relating to this site and the services we offer through it (together "MotoBidder Service").

You should read this User Agreement carefully and in full before registering for the MotoBidder Service. By registering for the MotoBidder Service you agree to be bound by this User Agreement. Please print a copy of this User Agreement and keep it safe for future reference.

INFORMATION ABOUT US
The MotoBidder Service is operated by Kiwi Motoring Services Limited. Please note the following information about us:
We are a limited company registered in England and Wales under company number 06407629 and have our registered office at 2nd Floor, 145-147 St John Street, London EC1V 4PY.
SERVICE AVAILABILITY
Our site is only intended for use by users resident in the United Kingdom (“Serviced Territory”). We do not accept registrations from users outside the Serviced Territory.
YOUR STATUS AND GENERAL OBLIGATIONS
1. By registering for the MotoBidder Service, you warrant that:
  1. You are legally capable of entering into binding contracts (and where you are registering on behalf of a partnership, limited liability partnership, company or other body corporate, you confirm that you have authority to bind that entity to the this User Agreement);
  2. You are at least 18 years old;
  3. All of the information that you provide to us, both when registering for the MotoBidder Service and at all other times, is complete and accurate, and you agree to keep that information up-to-date by notifying us of any changes immediately, either by updating your account information or by emailing us at accounts@motobidder.com.
  4. You and the business on whose behalf you are registering are resident the Serviced Territory; and
  5. You are accessing our site from that country.
2. Your user name and password are personal to you and may not be used by anyone else to access the MotoBidder Service or your account with us. You must not do anything that would assist anyone who is not a registered user to gain access to any registration area of our site, the MotoBidder Service or your account with us. If you believe that someone may be using your user name and password fraudulently you should notify us by emailing abuse@motobidder.com
3. You must make sure that you keep the email address that you have registered with us up-to-date at all times. If you change email address, you must update your details with us immediately.
4. To participate in an Auction (as defined in paragraph 4.1(a), you must be legally able to enter into contracts for sale or purchase of motor vehicles.
USER AGREEMENT
1. This User Agreement includes:
  1. the rules governing the transactions that are made using the MotoBidder Service ("Auctions"), which we refer to as our “Auction Rules” ( click here ) ; and
  2. our Privacy Policy ( Click here )
PERSONAL DATA
1. We will gather, use and disclose personal, contact and payment data you have registered with us in accordance with our Privacy Policy ( Click here ).
2. By registering with us for the MotoBidder Service, by participating in an Auction, and by agreeing to this User Agreement, you also give your consent to the way we may handle your personal data as set out in our Privacy Policy ( Click here ).
3. You agree not to use information about other MotoBidder Service users that you obtain from using the MotoBidder Service, from us or from another MotoBidder Service user except to participate in Auctions through the MotoBidder Service. You agree (without limitation) to use information concerning other MotoBidder Service users only for the purposes of participating in an Auction with those users and not to send them unsolicited messages or to harass them.
AUCTION RULES
1. All Auctions that take place using the MotoBidder Service are governed by our Auction Rules ( click here ).
2. By entering into this User Agreement and by participating in an Auction you confirm that you have read, understood and agree to the Auction Rules ( click here ).
3. If you are participating in an Auction (either as the seller, a potential buyer or the final buyer) the content of all statements that you make (both on the MotoBidder Service and in any communications with other MotoBidder Service users) must:
  1. be complete, accurate and not misleading;
  2. be directly relevant to the subject-matter of the Auction, and not relate to anything else (for example, such statements must not be used as a means of general communication with other MotoBidder Service users and may not be used to advertise or promote anything that is not the subject of the Auction.
4. If you are participating in an Auction as the seller:
  1. You warrant that you are legally entitled to pass ownership in any item (“Item”) that you offer for sale by including it in an Auction listing;
  2. You must accurately describe each Item in the listing on the MotoBidder Service and you are liable for any errors or omissions in your description. Any maker’s name, marque or other indication of origin or manufacture which you include in the listing must be completely accurate, and not capable of misleading any MotoBidder Service user;
  3. You must include each Item listing all of the contractual terms and conditions which apply to that Auction;
  4. You must ensure that the sale of any Item, the listing itself, and all activity or communication (including any posting of User Feedback in accordance with paragraph 7) you make in connection with any Auction will not:
    1. Infringe the intellectual property (including, without limitation, copyright, database right or trademark) of any other person or entity;
    2. breach any applicable law, whether criminal, tortious or otherwise, applicable in #application.countryName# and in any country from which they are posted;
    3. Contain any defamatory material;
    4. Infringe the intellectual property (including, without limitation, copyright, database right or trademark) of any other person or entity;
    5. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
    6. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    7. Contain any material which is obscene, offensive, hateful or inflammatory;
    8. Promote violence;
    9. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    10. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
    11. Be likely to harass, upset, embarrass, alarm or annoy any other person;
    12. Be likely to deceive any person; or
    13. Give the false impression that it emanates from us.
USER FEEDBACK
1. MotoBidder Service users who participate in an Auction can comment on the other MotoBidder Service user who participated in the Auction.
2. All User Feedback must:
  1. Be accurate (where it states facts);
  2. Be genuinely held (where it states opinions); and
  3. Comply with applicable law in the #application.countryName# and in any country from which they are posted.
3. User Feedback must not:
  1. Contain any defamatory material;
  2. Infringe the intellectual property (including, without limitation, copyright, database right or trademark) of any other person or entity;
  3. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
  4. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  5. Contain any material which is obscene, offensive, hateful or inflammatory;
  6. Promote violence;
  7. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  8. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  9. Be likely to harass, upset, embarrass, alarm or annoy any other person;
  10. Be likely to deceive any person; or
  11. Give the false impression that it emanates from us.
INTELLECTUAL PROPERTY
1. In this paragraph 8, the following words have the meaning given to them:
  1. “Content”: all artwork, text, information, data, software, executable code, images, audio or video material in whatever medium or form provided to us by you for incorporation in our site, whether as an Item listing, User Feedback or otherwise.
  2. “Intellectual Property Rights”: all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
  3. “Marks”: any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans, whether or not registered.
  4. “Visitor”: a visitor to our site.
  5. “Derivative Works”: original content contained on our site that is based on the Content.
2. Subject to paragraph 8.3, during the term of this User Agreement, you grant to us a non-exclusive licence (including the right to sub-licence) to distribute the Content in the Serviced Territory on our site in return for us providing you with the MotoBidder Service. For the purposes of this licence, we shall only be taken to have used the Content in a particular jurisdiction where the Content or our Site is directed at that country. Access by a Visitor outside the Serviced Territory shall not constitute a breach of the licence.
3. The licence granted under paragraph 8.1 permits us to:
  1. modify, electronically reproduce and distribute, and publicly display the Content on our site;
  2. reproduce and distribute through any media now known, or hereafter developed, excerpts of the Content in advertisements for, and in marketing and promotional materials related to, our site; and
  3. make Derivative Works, reproduce, publicly display and distribute such Derivative Works in conjunction with the Content through our site, including in any media now known or hereafter developed.
4. You warrant to us that the Content complies with the requirement of paragraphs 6.4(b), 6.4(c), 6.4(d), 7.2 and 7.3, and that it:
  1. does not violate any law, statute, ordinance or regulation (including the laws and regulations governing export control);
  2. is not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
  3. does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and
  4. does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
5. We have no obligation to you, and undertake no responsibility, to review the Content to determine whether any such Content may result in any liability to any third party.
6. Notwithstanding anything to the contrary contained in this contract, if we reasonably believe that any Content may create liability for us, we may remove such Content as we believe, in our sole discretion, is prudent or necessary to minimise or eliminate our potential liability.
7. We retain all Intellectual Property Rights in our site, the Derivative Works and our Marks, and nothing in this contract shall be taken to grant any rights to you in respect of such Intellectual Property Rights.
8. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with you. Except as expressly provided in this licence, nothing shall be construed to grant to us any right, title or interest in or to the Content.
9. Any and all Visitor data (such as name, address and e-mail address) collected through any user registration process or otherwise shall be owned by us.
10. You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action that the Content and/or your Marks infringe Intellectual Property Rights belonging to a third party. We shall:
  1. promptly notify you in writing of any such claim or action;
  2. make no admissions or settlements without your prior written consent;
  3. give you all the information and assistance that the Licensor may reasonably require (provided you reimburse our costs of doing so); and
  4. allow you complete control over any negotiations, litigation and settlement of any such claim or action.
NO RIGHT OF CANCELLATION.
The service we provide to sellers is the posting of their Item listings on the MotoBidder Service. As we will do this promptly upon receiving your Item listing, you agree and acknowledge that you have no right to cancel an Item listing during the cooling-off period that is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000, or any equivalent or successor legislation.
FEES AND TAXES
1. If you are participating in an Auction of a motor vehicle as the seller:
  1. You agree to pay to us the fees we specify for Auctions completed on the MotoBidder Service. Details of our fees are contained, or referred to, in the Auction Rules. You acknowledge and agree that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that this is clearly stated at the time of listing an Item;
  2. If you do not pay fees on time, we may suspend or terminate (at our discretion) the MotoBidder Service provided to you; and/or we may charge late payment fees and collection costs of £50. 10.2The prices of all Items must be exclusive of VAT (where VAT is applicable) and must state that to be the case.
MOTOBIDDER'S ROLE.
1. MotoBidder is not a party to any Auctions, and only provides a platform and a venue for Auctions. We are not the seller or supplier of any of the motor vehicles detailed in Item listings and do not have any of the legal obligations that may apply to the sellers of such motor vehicles. MotoBidder is neither responsible nor liable for the behaviour of, or the Items offered for sale or supply by, the seller.
2. MotoBidder has no control over or responsibility for:
  1. the quality, condition, road-worthiness or any other aspect of motor vehicles listed for sale on the MotoBidder Service;
  2. the truth or accuracy of Item listings;
  3. whether the seller can or will supply and pass good title to any motor vehicle; or
  4. whether MotoBidder Service users who win Auctions can or will pay for them.
3. MotoBidder does not pre-screen Item listings.
4. MotoBidder cannot and does not control the completion or validity of Auctions. Whilst Motobidder Service users are prohibited from doing so, some may provide information, or otherwise behave, in a way that is unreliable, illegal, or in breach of their obligations under this User Agreement.
UNAVAILABILITY OF THE MOTOBIDDER SERVICE
1. We reserve the right to withdraw or amend the MotoBidder Service we provide without notice.
2. We do not guarantee uninterrupted, continuous access to the MotoBidder Service.
3. You acknowledge that there may be times when the MotoBidder Service becomes unavailable, whether on a scheduled or unscheduled basis.
4. We will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period.
WITHDRAWAL OF ITEM LISTINGS, AUCTIONS AND/OR MOTOBIDDER SERVICE
1. You understand and agree that we may in our sole discretion (but without any obligation to do so) to withdraw any Item listing or Auction that appears, based on our assessment or on information received from third parties or other MotoBidder Service user, to be in breach of this User Agreement. We also reserve the right to withdraw Item listings, to close Auctions early, to extend them, or to terminate entire services, where we have other compelling legal or technical reasons to do so (including technical difficulties experienced by MotoBidder or on the internet generally). Where reasonably practical, we shall provide reasonable advance notice to you of any such steps MotoBidder is to take.
MISUSE
1. You understand and agree that we may in our sole discretion suspend or terminate any your account if you are, or appear to us to be, in persistent or material breach of this User Agreement (including, without limitation, through the provision of false registration details or other misuse of MotoBidder Service), and to suspend or withdraw all of your Item listings and Auctions.
2. If your account is suspended or terminated account you must not re-register for the MotoBidder Service without our prior consent.
FRAUD AND CONCERNS ABOUT ITEMS LISTINGS
1. We may from time to time in our sole discretion (but without any obligation to do so) check whether Items in any listing are suspected to have been stolen or of being sold illegally, based on checking against databases maintained by us or third parties, law enforcement authorities, or historical data available to MotoBidder.
2. If you have any concern about an Item listing posted by another MotoBidder Service user, please let us know by sending us an email to fraud@motobidder.com.
OUR LIABILITY
1. We will use reasonable skill and care in making the MotoBidder Service available to you. Otherwise, to the extent permitted by law, the MotoBidder Service is provided without any warranties or guarantees. In particular, we do not warrant that the MotoBidder Service, our site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties. Although we will do our best to provide constant, uninterrupted access to the MotoBidder Service, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
2. Our liability in connection with the MotoBidder Service and to you under this User Agreement is strictly limited to £500
3. This does not include or limit in any way our liability:
  1. For death or personal injury caused by our negligence;
  2. For fraud or fraudulent misrepresentation; or
  3. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
4. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
INDEMNITY
1. You agree to indemnify MotoBidder against all liabilities, claims and expenses that may arise from any breach of this User Agreement by you or through your MotoBidder account.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  1. Strikes, lock-outs or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
WRITTEN AND OTHER COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.All communications between you and us must be in English.
NOTICES
All notices given by you to us must be given to Kiwi Motoring Solutions Limited at enquiries@motobidder.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 19. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
1. The contract between you and us is binding on you and us and on our respective successors and assigns.
2. You may not transfer, assign, charge or otherwise dispose of a contract with us, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract with you, or any of our rights or obligations arising under it, at any time during the term of the contract.
WAIVER
1. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 20 above.
SEVERABILITY
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
1. We have the right to revise and amend this User Agreement and the Auction Rules from time to time.
2. We may revise this User Agreement and the Auction Rules at any time by amending the relevant page(s) or our site. Please check the User Agreement and Auction Rules pages from time to time to take notice of any changes we have made, as they are binding on you.
3. If you do not wish to be governed by a new version of this User Agreement or the Auction Rules, you must cease to use the MotoBidder Service.
ENTIRE AGREEMENT
1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
LAW AND JURISDICTION
This User Agreement and each Auction will be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. Each Auction shall be deemed performed in England and Wales.

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