New Car Advertising
New Car is an area on the website (www.autotrader.co.uk) and Auto Trader Platforms which allows consumers to express their interest in obtaining a brand-new car. The consumer can make an enquiry to manufacturers/retailers by providing their contact details (including postcode), and obtain a personalised quote regarding their chosen vehicle.
Please read these Terms & Conditions carefully as they govern the provision of the new car lead data by Auto Trader to you. Auto Trader may modify these Terms & Conditions from time to time.
“Adverts” or “Advertisement” means any copy, artwork, text, data, photographs, slides and/or video clips advertising a new vehicle that is to be published on the Auto Trader Platforms on behalf of the Manufacturer or a Retailer;
“Agreement” means the agreement between Auto Trader and the Manufacturer for the Services, incorporating these Terms & Conditions;
“Auto Trader” means Auto Trader Limited (company number 03909628) whose registered office is 1 Tony Wilson Place, Manchester M15 4FN;
“Auto Trader Platforms” means the Auto Trader Website and all other Auto Trader platforms (including mobile and tablet);
“Auto Trader Website” means the website located at www.autotrader.co.uk;
“Charges” means the amount payable by the Manufacturer to Auto Trader in accordance with clause 5 below;
“Data Protection Legislation” means the Data Protection Act 2018 (“DPA”) and any legislation replacing or superseding the DPA and any other law or regulation that may apply to the processing of personal data (as defined under the DPA) within the United Kingdom, the European Community and any other applicable jurisdiction to which personal data may be transferred in accordance with the terms of these Terms & Conditions;
“Intellectual Property Rights” means any patents, trade marks, registered designs, rights in design, copyright, database rights, moral rights, know-how and/or any other intellectual property right whether registered or not together with any applications and rights to apply for any of those rights and any forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;
“Lead Data” refers to the personal information and contact details provided by a consumer on the enquiry form within an Advert;
“Manufacturer” means the car manufacturer or retailer who purchases the Service from Auto Trader;
“Portal” means the digital platform supplied by Auto Trader for Manufacturers/Retailers to access the Lead Data or such other method of delivery of the Lead Data as may be notified to the Manufacturer and/or Retailer from time to time;
“Retailer” means any dealer or retailer authorised by a Manufacturer to receive the Lead Data;
“Service” means the supply of the Lead Data to the Manufacturer/Retailer by Auto Trader on the terms of and subject to these Terms & Conditions.
- Manufacturer Obligations
- This Service is only available to Manufacturers and Retailers who offer new cars.
- It is the responsibility of the Manufacturer or Retailer (as applicable) to ensure that any questions or complaints from any consumer regarding a vehicle are efficiently addressed. Any advertisement/information supplied by the Manufacturer or Retailer shall be the sole responsibility of the Manufacturer or Retailer and Auto Trader shall have no liability in relation to such information.
- The Manufacturer or Retailer shall ensure that all information published on the Auto Trader Website complies with the Main Advertising Terms and Conditions, these Terms & Conditions and all regulatory and legislative requirements.
- The Manufacturer or Retailer is required to inform Auto Trader of any changes to the Manufacturer or Retailer, including change of contact details. The Manufacturer or Retailer shall also update their Advertisement to reflect those changes. Upon receiving notification of change, Auto Trader reserves the right to directly reflect those changes to the Auto Trader Website on behalf of the Manufacturer or Retailer.
- The Manufacturer shall ensure that all Retailers that may have access to the Lead Data shall comply with these Terms & Conditions and shall be liable to Auto Trader for any non-compliance.
- Supply of Lead Data
- In consideration of payment of the Charges, Auto Trader shall make the Lead Data available to the Manufacturer and/or Retailer via the Portal. Auto Trader may utilise an alternate method of delivery of the Lead Data to the Manufacturer and/or Retailer as may be notified to the Manufacturer and Retailer from time to time.
- The Manufacturer acknowledges and accepts that:
- the Lead Data made available to that Manufacturer is solely for the purpose of the Manufacturer or Retailer contacting the relevant consumer to provide details regarding a new car that is the subject of the consumer’s enquiry;
- the Lead Data must only be used strictly in accordance with these Terms & Conditions.
- Auto Trader may forecast the number of Lead Data sets that the Manufacturer or Retailer may receive in any one month. Auto Trader offers no warranties or guarantees in respect of any forecasts it provides to the Manufacturer or Retailer and/or the volume of Lead Data and Auto Trader shall not be liable in the event that any forecast proves to be inaccurate.
- Use of Lead Data
- The Manufacturer and Retailer each warrants that;
- it will not sell, transfer or disclose the Lead Data to any third parties;
- it will not sell, transfer or use any Lead Data in any manner or form; and
- it will comply with the Data Protection Legislation at all times and shall not use the Lead Data for any purpose other than that set out under clause 3.2.1.
- The Manufacturer and Retailer each warrants that;
- The Manufacturer or Retailer (as applicable) shall pay the Charges for the Service in accordance with these Terms & Conditions.
- The Manufacturer or Retailer shall pay the Charges as set out by Auto Trader which shall be on the basis of a fixed amount for each set of Lead Data provided by Auto Trader.
- Payment of all sums due by the Manufacturer or Retailer for the Service shall be made within thirty (30) days from the date of invoice without any set-off, deduction or withholding of monies. Time for payment is of the essence.
- If the Manufacturer or Retailer fails to make any payment by the due date for payment then all outstanding monies owing to Auto Trader by the Manufacturer or Retailer shall immediately become due and payable and Auto Trader shall be entitled (without prejudice to any other right or remedy available to it) to:
- suspend the Service and any Retailer account until such time as payment has been received in full; and
- charge the Manufacturer or Retailer interest on any unpaid sums (both before and after judgement at the current statutory rate set out in the Late Payment of Commercial Debts (Interest) Act 2018 and related secondary legislation.
- The Manufacturer and Retailer acknowledge and accept that Auto Trader may, from time to time, review and amend the basis on which the Charges are calculated. Auto Trader shall give the Manufacturer and Retailer thirty (30) days’ notice in the event that Auto Trader revises the basis on which the Charges are calculated.
- The Manufacturer acknowledges that in the event a Retailer breaches the terms of any agreement that it has directly with Auto Trader and as a result of such breach the Retailer’s account is suspended rendering all Auto Trader provided services unavailable, that Retailer will not be able to access any Lead Data. Auto Trader shall use its reasonable endeavours to give the manufacturer seven (7) days’ notice of any planned suspension of a Retailer’s account. Auto Trader agrees that is shall act reasonably in exercising any right of suspension against a Retailer.
- Auto Trader Obligations
- Subject to full payment of the Charges relating to the Service, the Manufacturer or Retailer may terminate the Service by giving thirty (30) days’ notice in writing (letter, email or fax) to its designated Account Manager.
- Auto Trader may terminate the Service at any time. In this event, we will provide you with prompt notice of termination.
- Liability and Indemnity
- Auto Trader shall provide the Service with reasonable care and skill and in a professional and timely manner. However, the Manufacturer and each Retailer acknowledges and accepts that it is technically impossible to provide the Auto Trader Platforms, the Portal, and the Service free of faults, interruptions or errors and that Auto Trader does not undertake to do so. Auto Trader shall have no responsibility or liability arising out of or about any communications or network defects, delays or failures (whether temporary or otherwise) (a) experienced by the Manufacturer or Retailer or any third party while accessing the Auto Trader Platforms and/or Portal; and/or (b) which impact on the Service.
- From time to time, Auto Trader will need to carry out maintenance work on its equipment and systems, and shall use its reasonable endeavours to ensure that, in doing so, reasonable notice is given and minimum disruption to the Auto Trader Platforms and/or the Portal is caused. However, the Manufacturer and Retailer acknowledge that Auto Trader cannot guarantee that the Auto Trader Platforms and/or the Portal will be continuously available. For the avoidance of doubt, no credits shall be offered to the Manufacturer or Retailer in respect of interruptions to the Auto Trader Platforms and/or the Portal arising as a result of maintenance work and/or due to circumstances outside of Auto Trader’s reasonable control.
- The Manufacturer and Retailer acknowledge and accept that the Lead Data is third party data and Auto Trader does not monitor or control and shall not be responsible for the content of the Lead Data. The Manufacturer and Retailer agree that such matters are its sole responsibility and shall be liable in respect of any third party claims relating to the content of such Lead Data.
- Subject to clause 8.6 below, Auto Trader shall not be liable to the Manufacturer or Retailer:
- for any loss or damage suffered by the Manufacturer and/or Retailer arising out of the supply of the Lead Data or provision of the Service;
- in contract, tort (including without limitation negligence), statutory duty or otherwise arising out of or in relation to the Agreement for:
- consequential, indirect or special loss or damage;
- any loss of goodwill or reputation;
- loss of contracts, business and/or opportunity;
- loss of profits;
- loss of revenue or anticipated savings;
- business interruptions;
- loss of or corruption to data howsoever caused (including caused as a result of e-crime attacks by third parties) and/or
- any economic and/or other similar losses;
and in each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise; and
- unless a claim is brought by the Manufacturer and/or Retailer against Auto Trader within three (3) months of the date of the cause, or first in the series of causes of related events, giving rise to the claim.
- Subject to clause 8.6 below, the total aggregate liability of Auto Trader in contract, tort (including without limitation negligence), statutory duty or otherwise (unless otherwise excluded), in respect of all claims arising under or in connection with this Agreement shall not exceed 125% of the Charges paid for the Service.
- Nothing in the Agreement shall exclude or restrict any liability Auto Trader may have for death or personal injury caused by its negligence, for fraudulent misrepresentation and/or for any other liability which it is not permitted to exclude by law.
- Any warranties, terms or conditions of any kind whether express or implied, statutory or otherwise, including without limitation, implied terms of satisfactory quality or fitness for purpose, are hereby expressly excluded fully permitted by law.
- The Manufacturer and Retailer shall indemnify and keep Auto Trader fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with any breach of these Terms & Conditions by the Manufacturer or Retailer, any third party complaints or claims brought against Auto Trader in respect of any Lead Data or the Service, any claim that the use by Auto Trader of any Lead Data or supply of the Service infringes any third party Intellectual Property Rights or other third party and/or any claim made under the Data Protection Legislation.
- Force Majeure
- Auto Trader shall not be liable to the Manufacturer or Retailer and/or be deemed to be in breach of these Terms & Conditions by reason of any delay in performing and/or any failure to perform its obligations under these Terms & Conditions if the delay and/or failure is due to any cause beyond Auto Trader’s reasonable control (including but not limited to any act of God, lock out or other industrial action, governmental action or restriction, war, terrorism, cyber-attack, fire, flood, infrastructure failure, power failure, strike or civil commotion, interruptions in electrical or telecommunications services or delays or failures of the internet or other communications systems necessary for the provision of the Service or Lead Data) and time for performance of that obligation shall be extended accordingly.
- The Agreement contains the entire agreement and understanding between the parties and supersedes all prior agreements, arrangements, statements and understandings between the parties relating to the subject matter of the Agreement. Each party acknowledges that it has not entered into this Agreement in reliance upon any representation not expressly set out in these Terms & Conditions and neither party shall be liable in respect of any representation made prior to and not contained in this Agreement. Nothing in the Agreement shall exclude or limit Auto Trader’s liability for fraudulent misrepresentation.
- The Manufacturer or Retailer may not assign or transfer the Agreement without the prior written consent of Auto Trader. Auto Trader reserves the right to assign or subcontract the Agreement and any of its rights and obligations under the Agreement to a third party.
- Where two or more persons are named as the Manufacturer or Retailer, their liability shall be joint and several.
- Except as set out in these Terms & Conditions, no variation of the Agreement shall be binding unless agreed in writing and signed by an authorised representative of Auto Trader
- No failure or delay by Auto Trader to exercise any right or remedy under these Terms & Conditions shall constitute a waiver of that right or remedy nor shall it prevent or restrict the further exercise of that right or remedy. No single or partial exercise by Auto Trader of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- If any provision of these Terms & Conditions is found by any competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining provisions in these Terms & Conditions which shall continue to be valid and enforceable fully permitted by law.
- Nothing in these Terms & Conditions shall confer any rights or benefits, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the Manufacturer or Retailer and Auto Trader.
- The Agreement shall be governed by and construed in accordance with English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.