Terms and Conditions

Trader Connect

PLEASE READ THIS CAREFULLY BEFORE YOU USE THE SYSTEM. YOU AGREE THAT ANY USE OF THIS SYSTEM IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS TRADER CONNECT LICENCE (“LICENCE”) AND THE CURRENT MAIN ADVERTISING TERMS & CONDITIONS PUBLISHED AT WWW.AUTOTRADER.CO.UK/DEALERPORTAL/MISC/TERMS.JSP OR OTHER TERMS IN RESPECT OF PRODUCTS PROVIDED TO YOU BY AUTO TRADER (IF APPLICABLE). BY INSTALLING AND/OR USING THE SYSTEM YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS LICENCE.

In this licence “we”, “us”, “our” or “Auto Trader” refers to Auto Trader Limited trading as Auto Trader and/or Commercial Trader (Company Number: 03909628, whose registered office is at Auto Trader Limited, 1 Tony Wilson Place, Manchester, M15 4FN, “you”, “your” refers to any person, firm or company entering into this licence.

  1. GRANT OF LICENCE
    1. You are not permitted to access the online application known as “Trader Connect” (the “System”) or to use the user manuals and other documentation, either printed or included in the System, (the “Documentation”) supplied to you without the prior written permission of Auto Trader.
    2. In consideration of your acceptance of and compliance with the terms and conditions of this Licence and your payment of all required amounts pursuant to the agreement(s) between you and Auto Trader for the provision of advertising and/or other services to you by Auto Trader , Auto Trader grants you (the individual or entity who registers with Auto Trader for a copy and licence of the System), a non-exclusive, perpetual, revocable and royalty-free licence to access the System and to use any written instruction guides and/or other documentation relating to the System that is provided by Auto Trader to you (the “Documentation”) on and subject to the terms and conditions of this Licence. All references to the System mean the object code form only of the program(s) comprising the System. This Licence shall apply to all copies of the System.
    3. You are solely responsible for maintaining the confidentiality of your password and account. You will never be required to reveal your full password to any representative or agent of Auto Trader. If you forget your password we may ask you to answer a question to enable us to validate your identity. You are entitled to change your password at any time. You are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. Auto Trader will not be liable for any loss that you may incur as a result of someone else using your password or account either with or without your knowledge.
    4. You are not permitted to:
      1. use, copy or transfer the System except as permitted by this Licence;
      2. distribute, sell, rent, loan, lease, sub-licence or otherwise deal in the System and/or any Documentation;
      3. copy any Documentation;
      4. alter, adapt, merge, modify or translate the System and/or Documentation in any way for any purpose, including, without limitation, for error correction;
      5. reverse engineer, disassemble or decompile the System except to the extent permitted by law;
      6. remove, change or obscure any product identification or notices of proprietory rights and restrictions on or in the System and/or Documentation;
      7. use the System for any activity that infringes laws and/or regulations;
      8. incorporate or link the System to any other services and/or products without Auto Trader’s prior written consent; and/or
      9. use the System to provide a data processing service to any third party and/or to export data to any third party other than to Auto Trader and/or another company within Auto Trader Limited.
  2. INSTALLATION & TRAINING
    1. Auto Trader shall provide you with such initial training regarding the use of the System as Auto Trader, in its sole discretion, considers is reasonably adequate to enable you to understand how to use its principal functionality. Any additional training requested by you may be at an additional cost as solely determined by Auto Trader.
  3. DATA
    1. In consideration of the grant of the licence in clause 1 above, you grant Auto Trader a non-exclusive, irrevocable, perpetual and royalty free licence to use for any purpose any and all data that you input into the System, that is transmitted to Auto Trader by the System and/or that you otherwise pass to Auto Trader.
  4. TERM & TERMINATION
    1. The Licence will continue unless and until terminated in accordance with this clause 4.
    2. Auto Trader shall be entitled to immediately terminate this Licence upon notice to you, if any other agreement(s) between you and Auto Trader is terminated for any reason and/or if you fail to pay any sums due under such agreement(s).
    3. The Licence will terminate automatically if you fail to comply with any provision of this Licence. The Licence will also terminate without further action or notice by Auto Trader if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.
    4. Auto Trader shall be entitled to terminate this Licence for any reason upon 30 days’ written notice to you.
  5. LIMITED WARRANTY
    1. Auto Trader warrants only to you as the original licensee, that the System when used properly will perform substantially as described in any Documentation provided that you use the System strictly in accordance with any instructions contained in such Documentation.
  6. EXCLUSION OF OTHER WARRANTIES
    1. Except for the express warranty in clause 5.1 above, Auto Trader makes and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of satisfactory quality and fitness for a particular purpose are excluded to the fullest extent permitted by law. Auto Trader does not warrant that the operation of the System will be error free or uninterrupted. It is your responsibility to ensure that the System is suitable for your needs and you assume the entire risk as to the performance and results of the System and Documentation.
  7. DISCLAIMER
    1. Subject to section 7.3 below, you shall access the System at your own risk and in no event will Auto Trader be liable to you or any third party for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data, loss as a result of e-crime, phishing attacks and/or scams by third parties) however caused and whether arising under contract, tort, including negligence or otherwise 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.
    2. If any exclusion, disclaimer or other provision contained in this Licence is held invalid, illegal or unenforceable for any reason and/or if Auto Trader otherwise becomes liable for any loss or damage, Auto Trader’s total liability under this Licence whether in contract, negligence or otherwise, in respect of each event or series of connected events will not exceed £50.
    3. Auto Trader does not exclude or limit liability for death or personal injury resulting from the negligence of Auto Trader, or for fraud, or any other liability which it is not permitted to exclude by law.
  8. VARIATIONS
    1. Auto Trader shall be entitled from time to time to vary the terms and conditions of this Licence upon giving notice to you which may be communicated to you by any means. Any variation shall be effective from the date of notification to you. Display of the modified licence terms & conditions on the Dealer Portal pages of the Auto Trader Website shall be deemed to be notice to you. You will be required to accept the latest set of licence terms and conditions to continue using the System.
  9. GENERAL
    1. This Licence constitutes the entire agreement between you and Auto Trader with respect to the System and Documentation and supersedes any other oral or written communications, agreements or representations. Each party acknowledges that it has not entered into this Licence in reliance upon any representation not expressly set out in the Licence and neither party shall be liable in respect of any representation made prior to and not contained in this Licence unless it was made fraudulently.
    2. If any part of this Licence is held by a court of competent jurisdiction to be unenforceable the legality, validity and enforceability of the remainder of the will not be affected.
    3. This Licence is personal to you and you may not assign, subcontract or transfer the Licence without the prior written consent of Auto Trader. Auto Trader reserves the right to assign, transfer or subcontract the Licence and/or any of its rights and obligations under the Licence to a third party.
    4. Unless expressly provided in this Licence, no term of this Licence is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
    5. This Licence is governed and construed in accordance with the laws of England and each of the parties hereby irrevocably submits to the exclusive jurisdiction of the English Courts.