PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY BEFORE USING THIS SITE
Acceptable Use Policy
Introduction
This website and software applications availability and acceptable use policy (“AU Policy”) sets out the terms between you and us, being Manheim Limited and any company within our group of companies (also referred to in this AU Policy as “we”, “us” and “our”) under which you may access:
- this website and any other associated websites owned and operated by us (together being the “Site”); and
- any software application (mobile, cloud or otherwise) that we may make available to you, which is operated by Manheim Limited or any company within our group (“WebApp”).
If you do not accept these Terms of Use, you should not use this Site or the WebApp.
In this AU Policy “Digital Software Application” means the Site and our WebApp (as applicable). This AU Policy applies to all users of, and visitors to, the Digital Software Application.
Your use of any/all Digital Software Application that we may make available means that you accept, and agree to abide by, the terms of this AU Policy, which supplement our Website Terms of Use.
1. Access to the WebApp
1.1 The terms of this AU Policy apply to the WebApp or any of the services accessible through our Site. Separate terms may apply to an individual application which we may bring to your attention from time to time (usually when you log onto the App) and shall require acceptance by you prior to any ongoing use of such application (“Specific Terms”).
1.2 In order to be entitled to access our WebApp, you may be required to complete an account opening form and to be accepted by us as a registered user. Access to our WebApp is for personal use only, which may only be accessible by using the individual applicable personal log in and password allocated to you.
2. Grant and scope of licence
2.1 Subject to, and in consideration of, you agreeing to accept the terms of this AU Policy, and subject to you completing any account registration process we may require and you being accepted by us for ongoing operation of an account, we grant you a non-transferable, non-exclusive licence to use the WebApp, you are authorised to use, subject to any Specific Terms that may be brought to your attention in accordance with clause 1 above, this AU Policy and any third party supplier specific rules with which you may be required to comply in order to download and maintain the use of the WebApp.
2.2 Our WebApp is made available on an “as is” and “as and when available” basis. It is your responsibility to ensure that you use up-to-date versions of the WebApp we may provide and are either the owner of any device or have permission to use any device (from the owner of such device) for the purposes of accessing the WebApp. We do not warrant that any WebApp which is made available to you will be compatible with any particular device.
2.3 The WebApp made available to you and any log in account and/or password details that are set for your utilisation are personal to you and must not be shared or disseminated in any way. You are responsible for the security of your access to the WebApp. Login rights may be suspended or withdrawn at any time at our entire discretion.
2.4 You accept that the WebApp and any data transferred utilising the WebApp (whether related to any services we may provide or not) may be accessible by third parties and you understand and accept that internet transmissions and utilisation of the WebApp are not warranted as private or confidential.
2.5 By using the WebApp, you agree that we may collect and use technical information about any device and related software and equipment that you may use to access the WebApp to improve our products, internal business purposes and to provide any Services to you. Please note that the WebApp may make use of location data. You can turn off location settings for the WebApp on your device. Subject to our Privacy Policy you consent to our collection, processing, holding and use of location data.
3. Prohibited uses
3.1 You may use the Digital Software Application only for lawful purposes.
3.2 You may not use the Digital Software Application:
3.2.1 in any way that breaches any applicable local, national or international law or regulation;
3.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3.2.3 for the purpose of harming or attempting to harm minors in any way;
3.2.4 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
3.2.5 any action which would interfere with or disrupt the Digital Software Application or servers or networks connected to the Digital Software Application;
3.2.6 any action to de-compile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with any aspect of any Digital Software Application (save as may be necessary to achieve inter-operability with another software programme or application pursuant to the limited right contained in S.269A of the Copyright, Designs and Patents Act 1988, and which you agree shall not be utilised to create any software or application which is substantially similar to any of our Digital Software Applications);
3.2.7 use of automated means, including spiders, robots, crawlers, or the like to download data from the Site;
3.2.8 to obtain contact details for the purposes of harassing our staff or any other illegal activity; and/or
3.3 You also agree:
3.3.1 not to reproduce, duplicate, copy or re-sell any part of the Digital Software Application including any image, data, logo or trade mark without our written permission and you agree you will not contravene the provisions of our Website Terms of Use;
3.3.2 not to access without authority, interfere with, damage or disrupt:
3.3.2.1 any part of the Digital Software Application;
3.3.2.2 any equipment or network on which the Digital Software Application is stored;
3.3.2.3 any software used in the provision of the Digital Software Application; or
3.3.2.4 any equipment or network or software owned or used by any third party.
3.4 You acknowledge that all intellectual property rights in and related to the Digital Software Applications belong to us.
5. Suspension and termination
5.1 We will determine, in our discretion, whether there has been a breach of this AU Policy through your use of the Digital Software Applications. When a breach of this AU Policy has occurred, we may take such action as we deem appropriate, including immediate suspension or termination of access or use.
5.2 Failure to comply with this AU Policy constitutes a material breach of our Website Terms of Useupon which you are permitted to use any/all of the Digital Software Applications, and may result in our taking all or any of the following actions:
5.2.1 immediate, temporary or permanent withdrawal of your right to use any/all of the Digital Software Applications;
5.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to any/all of the Site;
5.2.3 issue of a warning to you;
5.2.4 blocking your telephone number or IP address;
5.2.5 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.2.6 further legal action against you; and/or
5.2.7 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.3 We exclude (to the fullest extent permitted by law) liability for actions taken in response to breaches of this AU Policy. The responses described in this AU Policy are not limited, and we may take any other action we reasonably deem appropriate.
6. Limit of Liability
6.1 Nothing in this AU Policy shall limit or exclude our liability for:
6.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or
6.1.2 (ii) fraud or fraudulent misrepresentation
6.2 Subject to clause 6.1:
6.2.1 under no circumstances whatever shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of use, loss of business, loss of opportunity, loss of data or any indirect or consequential loss arising under or in connection with use, functionality or availability of our Digital Software Applications; and
6.2.2 our total liability to you in respect of all other losses arising under or in connection with use, functionality or availability of our Digital Software Applications, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £50 (fifty pounds sterling).
7. Changes to this AU policy
We may revise this AU Policy at any time at our discretion by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this AU Policy may also be superseded by provisions or notices published elsewhere on the Site or specific terms applicable to any registered user account or WebApp.
8. General
8.1 You are not entitled to transfer or assign any right or obligation arising under this AU Policy without our written permission.
8.2 We will not be liable for any failure to perform, or delay in performance of, any of our obligations under this AU Policy that is caused by any act or event beyond our reasonable control. If such an event occurs our obligations under this AU Policy will be suspended and the time for performance of our obligations will be extended for the duration of such event.
8.3 This AU Policy and any rights arising under it are governed by English Law. You and we agree that the courts of England and Wales shall have exclusive jurisdiction.
Last updated: July 2023
