1. Motability Operations Limited
1.1 Motability Operations Limited is a company incorporated in England and whose registered company number is 1373876 and whose registered address is City Gate House, 22 Southwark Bridge Road, London SE1 9HB (“Motability Operations”).
2.This Website
2.1 Motability Operations owns the website located at www.motabilityonline.co.uk (the “Website”). By accessing and using the Website you the user (“you” or “your” – to include both the dealer and its employees) are agreeing to be bound by these terms and conditions (the “Terms”) which govern your access to and use of the Website subject to the provisions of clause 13.
3. Ownership and Use of Content
3.1 All text, data, charts, tables, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material on the Website (the “Content”) and all rights in it belongs to Motability Operations. You may retrieve and display Content from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your use in provision of your “Services” (which shall for the purpose of these Terms mean the processing of customer applications for the hire or hire purchase of motor vehicles under the Motability Scheme and the sale of such vehicles to Motability Operations).Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way, save that where it is necessary to do so for the provision of your Services to a customer.
3.2 You agree not to adapt, alter or create a derivative work from any of the Content on the Website or to use it for any purpose other than as specified above in clause 3.1.
4. Unlawful Use
4.1 You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or the disruption of normal flow of dialogue within the Website.
5. Intellectual Property Rights
5.1 All copyright, trade marks, database rights and other intellectual property rights that may exist in this Website and the Content shall remain at all times the property of Motability Operations.
5.2 The trade marks, service marks and logos used and displayed on this Website (“Trade Marks”) are registered or unregistered trade marks of either Motability Operations or Motability, the charity. Nothing on this Website should be construed as granting, by implication or otherwise, any licence or right to use any Trade Mark without written permission from Motability Operations or Motability. The name of Motability Operations may not be used in any way, including in advertising or publicity pertaining to distribution of Content without the prior written permission of Motability Operations or Motability.
6. Liability
6.1 The Website and Content is provided “AS IS” and on an “AS AVAILABLE” basis and Motability Operations does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any Content. All implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law.
6.2 Data provided on the Website (in whatever form) is the result of liaisons with motor dealers and other suppliers and the input of data from personal visitors to the Website. Motability Operations does not warrant the accuracy of the data and accepts no liability of any kind to any person in relation to the data including liability for errors or defects in or omissions from the data, delays in publication of the data or any breakdown or cessation of the Website.
6.3 In no event will Motability Operations be liable for any loss including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this Website.
6.4 Motability Operations has tried to ensure that all the Content provided on the Website is correct at the time of publication. The Content is provided on an information basis only and should not be relied upon. No responsibility is accepted by or on behalf of Motability Operations for any errors, omissions, or misleading Content on the Website or on any websites to which the Website connects.
6.5 Motability Operations does not warrant that the Website or Content will be uninterrupted or error free, that any defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs.
6.6 Motability Operations shall not be held responsible for any third party dealer, service provider or individual user information or details that are provided to you via the Website. Motability Operations provide content to you for information purposes only to help aid your provision of the Services and it should not be relied upon.
7. Agency
7.1 No agency or partnership relationship is evidenced or created between Motability Operations and you or any third party dealer or supplier of services by virtue of the operation of the Website.
8. Usernames and Passwords
8.1 In the course of your use, access and input of data on the Website you may be provided with a username and a password. You being provided with a username and password is dependant on your acceptance of these Terms and primarily the obligations and acknowledgements contained in the Motability Dealer Partnership or Motability Converter Partnership Terms and Conditions (as the case may be) (“the Partnerships”) that you have accepted.
9. Privacy and Data Protection
9.1 You must read and accept the Motability Operations Privacy Policy , detailed at clause 18 below, which outlines what type of personal information Motability Operations may collect from you when you visit the Website and how Motability Operations may transfer, store and use the information in accordance with the Data Protection Act 1998.
9.2 In the course of you visiting the Website you will have access to both personal and sensitive personal data as defined in the Data Protection Act 1998. Your use of this data is regulated and detailed in the Terms and Conditions relating to the Partnerships you have accepted as a condition of your accessing the Website.
10. Changes to the Terms
10.1 Motability Operations reserve the right, at its discretion, to make changes to any parts of the Website or these Terms. When these Terms are amended, Motability Operations will publish details of the amendments on the Website. Your continued use of the Website is taken as your agreement to be bound by these Terms as amended.
11. Severability
11.1 If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
12. Conflict
12.1 If there is any conflict between these Terms and any other written agreement between you and Motability Operations, including (but not limited to) the Access Agreement entered into prior to your accessing the Website then the latter shall prevail.
13. Events beyond our control
13.1 Motability Operations will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
14. Links
14.1 Motability Operations is not responsible for the availability or content of any third party websites or material you access through this Website.
15. File Download
15.1 Certain files of Content are available for download from the Website. These files of Content are subject to these Terms.
16. Jurisdiction
16.1 These Terms shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.
17. Cookies
17.1 Motability Operations may use cookies on this website to maintain your viewing options between pages and visits. Cookies are pieces of information stored on your system by your web browser on behalf of a web site and returned to the web site on request. If you prefer not to receive cookies, you may turn them off in your browser, or may set your browser to ask you before accepting a new cookie (see your browser documentation for details). We do not store cookies on our systems and we do not forward them on to any third party, with the exception of the Motability Operations scheme partner, Motability (registered Charity Number 299745).
18. Privacy / Personal information
18.1 Motability Operations is committed to safeguarding your privacy online. This policy only covers this website. Links within this website to other websites are not covered by this policy; Users should check the Terms and Conditions of any other website they visit. Our website does not enable our visitors to communicate with other visitors or to post information to be accessed by others. Motability Operations collects the following information regarding visitors to our website: IP addresses, log-in details, information regarding what pages are accessed and when. We use your IP address and or log-in details to help us to track usage behaviour and compile aggregate data that will allow content and navigation improvement of our website. If you communicate with us by email over the Internet you should be aware that the nature of the Internet is such that unencrypted communication may not be secure and may pass through several different countries on route to us. Please do not email us with confidential or sensitive information. We cannot accept responsibility for unauthorised access to your information that is outside our control. Motability Operations places great importance on the security of all personally identifiable information associated with our visitors. We have security measures in place to protect against the loss, misuse and alteration of personal data under our control. We have organisational and technical security measures in place to safeguard your personal information, and we are registered data controllers under the Data Protection Act 1998.