Terms and Conditions

i-Control

These terms are provided subject to the Main Advertising Terms & Conditions which are incorporated into the Rules by reference.

Terms defined in the Main Advertising Terms & Conditions shall have the same meaning in these Rules provided that, should a term be defined in both the Main Advertising Terms & Conditions and these Rules, the meaning of the term defined in these Rules shall have precedence in relation to the Rules.

  1. DEFINITIONS

    In these Conditions, unless the context otherwise requires, the following terms have the following meanings:

    1. “Charges” means the monthly charges and set-up fee to be paid by the Subscriber for i-Control as set out in the Order Confirmation;
    2. “Commencement Date” means the commencement date set out in the Order Confirmation or, if no such date is set out, the date that access to i-Control is initiated for the Subscriber;
    3. “Full i-Control Package” means the enhanced package of i-Control which may include access to Stock Profiler;
    4. “i-Control” means the web-based intelligence application owned and operated by Auto Trader Limited. For the avoidance of doubt, i-Control may include access to Stock Profiler dependant on the i-Control Package purchased;
    5. “Reports” means any content, statistics, data, valuations, reports and/or other information delivered by Auto Trader Limited as part of i-Control (including but not limited to any information provided by Auto Trader Limited as part of Stock Profiler (where applicable));
    6. “Stock Profiler” means the stock profiler feature provided by Auto Trader Limited. This feature may be included dependant on the iControl Package the Subscriber has purchased, enabling the Subscriber to upload a stock list of vehicles and send it to Auto Trader Limited for Auto Trader Limited to supplement with additional information for the Subscriber’s own use.
  2. AGREEMENT
    1. Each order or acceptance of a quotation for subscription to i-Control shall be deemed to be an offer by the Subscriber to subscribe to i-Control subject to these Conditions. No order placed by the Subscriber shall be deemed to be accepted by Auto Trader Limited until an Order Confirmation is issued by Auto Trader Limited or, if earlier, Auto Trader Limited provides the Subscriber with access to i-Control;
  3. I-CONTROL
    1. Auto Trader Limited grants to the Subscriber a personal, non-exclusive, non-transferable and revocable licence to use i-Control and the Reports strictly in accordance with the terms of the Agreement;
    2. Details of i-Control may be separately set out by Auto Trader Limited from time to time on the Auto Trader Website and/or as otherwise provided by Auto Trader Limited to the Subscriber;
  4. SUBSCRIBERS OBLIGATIONS AND WARRANTIES
    1. The Subscriber is solely responsible for any data it provides to Auto Trader Limited for the purposes of Stock Profiler (if applicable);
    2. The Subscriber warrants that it shall:
      1. only use i-Control within the United Kingdom;
      2. use i-Control and any information provided by Auto Trader Limited to the Subscriber through Stock Profiler (if applicable) solely for its own internal business purposes within the motor industry and shall not use i-Control or the data provided by Auto Trader Limited to the Subscriber via Stock Profiler (if applicable) to provide a service to any third party (including without limitation to provide reports for any business other than the Subscriber’s business);
      3. obtain all the licences, consents and permits necessary to allow it to upload the data contained in any stock lists the Subscriber submits to Auto Trader Limited for the purposes of Stock Profiler (if applicable), including any stock information that the Subscriber has obtained from third parties;
      4. ensure that any data it provides to Auto Trader Limited is complete and accurate;
      5. use i-Control strictly in accordance with this Agreement and with any other instructions given by Auto Trader Limited to the Subscriber from time to time. The Subscriber shall permit Auto Trader Limited, at all reasonable times to verify that i-Control is being used within the terms of the Agreement;
      6. not distribute, resell or otherwise make available any Reports generated by i-Control to any third party;
      7. not distribute, sell, rent, loan, lease, sub-license or otherwise deal in i-Control and/or the Reports;
      8. not alter, adapt, merge, copy, modify and/or translate i-Control and/or the Reports in any way for any purpose, including without limitation, for error correction;
      9. not copy, reverse engineer, disassemble and/or decompile i-Control except to the extent as may be permissible by law;
      10. not remove, alter and/or obscure any copyright and/or notices of proprietary rights and restrictions on or in i-Control and/or the Reports;
      11. not use i-Control for any activity that infringes applicable laws and/or regulations;
      12. not incorporate and/or link i-Control to any other services and/or products without Auto Trader Limited’s prior written consent;
    3. The Subscriber acknowledges and accepts that a user’s first and last name will be visible within the reports area of i-Control and that this will be visible to other users within your Dealership or entire Dealer Network, if part of a Group. This personal data will be processed in accordance with Auto Trader’s Privacy Policy
    4. The Subscriber shall immediately notify Auto Trader Limited if it becomes aware of any unauthorised use of i-Control by any person;
  5. INTELLECTUAL PROPERTY RIGHTS
    1. The Subscriber acknowledges and agrees that any and all Intellectual Property Rights in i-Control and/or the Reports remains the sole property of Auto Trader Limited and/ or its licensors;
    2. If new inventions, designs or processes evolve in performance of or as a result of the Agreement, the Subscriber acknowledges that the same shall be the property of Auto Trader Limited or its licensors unless otherwise agreed in writing;
    3. If any action or claim is made by a third party that i-Control and/or a Report infringes the Intellectual Property Rights or other rights of a third party (“Intellectual Property Claim”) the Subscriber shall:
      1. promptly notify Auto Trader Limited in writing of the action or claim;
      2. make no admissions or settlements without Auto Trader Limited’s prior written consent;
      3. cooperate fully with Auto Trader Limited; and
      4. give Auto Trader Limited or, at Auto Trader Limited’s request, Auto Trader Limited’s licensors complete control over the litigation and settlement of any action or claim and provide all information and assistance that Auto Trader Limited and/or its licensors might reasonably require;
    4. In the event of any Intellectual Property Claim, Auto Trader Limited shall be entitled at its own expense and option either to:
      1. procure the right for the Subscriber to continue using i-Control or the Report or the affected part(s) (as appropriate);
      2. make such alteration, modifications or adjustments to i-Control or the Report or the affected part(s) (as appropriate) so that it becomes non-infringing without incurring a material diminution in performance or function; or
      3. replace i-Control or a Report or the affected part(s) (as appropriate) with non-infringing substitutes provided that such substitutes do not entail a material diminution in performance or function;
    5. The Subscriber grants Auto Trader Limited a non-exclusive, irrevocable, perpetual and royalty-free licence to use the Data and to create and use any derivatives of the Data for any purpose.