Introduction to User Agreement – Terms and conditions of use of MotorBlip.com website and App
This User Agreement,
The MotorBlip User Agreement, the Mobile Device Terms and all policies posted on our sites set out the terms on which MotorBlip offers you access to and use of our sites, services, applications and tools (collectively ‘Services’).
All policies, the Mobile Device Terms and the User are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
Starting on 1 August 2017, if you reside in the United Kingdom you are entering into a contract with MotorBlip, H.A.T.Enterprise, 1 Royal Exchange Avenue, City of London, London, EC3V 3LT, England..
If you do not agree with these terms, you should not use MotorBlip.com, nor the MotorBlip App.
MotorBlip is a marketplace that allows users to offer, sell, buy, hire and showcase just about any type of vehicles in a variety of pricing formats and locations.
MotorBlip does not have possession of anything listed or sold through MotorBlip, and is not involved in the actual transaction between buyers, sellers or hirers. The contracts are directly between the advertiser and purchaser. MotorBlip is not a traditional website and its unique features are market pioneering.
MotoBlip Does not :
MotorBlip does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, MotorBlip has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Selling for standard advertisers on MotorBlip is free, additional fees maybe payable for premium advertisers/sellers, in these circumstances the seller must have a valid payment method on file with MotorBlip at all times. You authorise MotorBlip to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by MotorBlip. This includes, but is not limited to, amounts owed for MotorBlip fees. MotorBlip will notify you of these charges. If payments or amounts owed to MotorBlip cannot be completed through the payment method on file for any reason, you remain obligated to pay MotorBlip for all unpaid amounts and MotorBlip reserves the right to seek reimbursement through other means plus any additional costs incurred by MotorBlip in seeking reimbursement. You can change your payment method in My MotorBlip at any time.
In connection with using or accessing the Services you will not:
Post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third party rights or our systems or policies;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
manipulate the price of any item or interfere with any other user's listings;
post false, inaccurate, misleading, defamatory, or libellous content;
transfer your MotorBlip account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
use the contact information of other users for any purpose other than in relation to a specific MotorBlip transaction (which includes using this information to send marketing materials directly to MotorBlip users unless the user has given explicit consent to receiving these materials);
distribute viruses or any other technologies that may harm MotorBlip, or the interests or property of MotorBlip users;
use any robot, spider, scraper or other automated means to access our Services for any purpose, bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any MotorBlip application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, or distribute rights or content from our Services or MotorBlip's works of authorship, designs and trademarks;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Services without the prior express written permission of MotorBlip and the appropriate third party, as applicable;
commercialise any MotorBlip application or any information or software associated with such application;
harvest or otherwise collect information about users, such as email addresses, without their consent; or
circumvent any technical measures we use to provide the Services.firstname.lastname@example.org or by post to MotorBlip, 1 Royal Exchange Avenue, City of London, London, EC3V 3LT, England.
If you are registering with MotorBlip as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on MotorBlip, you must comply with all applicable laws relating to online trading for the site you are selling on.
You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Abusing MotorBlip Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove or demote listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
we think that you are creating problems or possible legal liabilities;
we think that such restrictions will improve the security of the MotorBlip community or reduce our or another MotorBlip user's exposure to financial liabilities;
we think that you are infringing the rights of third parties;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you fail to make full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed on our site. We may change our fees, or introduce new fees from time to time by posting the changes on the MotorBlip site 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
You are required to have a payment method on file when selling on MotorBlip as a premium seller. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
When listing an item, you agree to comply with the rules for listing policy and that you are responsible for the accuracy, content and legality of the item listed:
your listing may not be immediately searchable by keyword or category for up to 24 hours. MotorBlip does not guarantee exact listing durations;
content that violates any of MotorBlip's policies may be deleted at MotorBlip's discretion;
we may revise data in the MotorBlip product catalogue to supplement, remove, or correct information you have provided and, if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly;
where your listing appears in search and browse results may be based on certain factors such as listing format, title, keywords and price. Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results.
When buying an item, you agree to comply with the rules for buyers and that:
you are responsible for reading the full item listing before making a commitment to buy;
you enter into a legally binding contract to purchase an item when you commit to buy an item.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub licensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicenses or our assignees. We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including MotorBlip users). You may use such catalogue content solely in connection with your MotorBlip listings during the time your listings are on MotorBlip's sites. That permission is subject to modification or revocation at any time at MotorBlip’s sole discretion.
While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all MotorBlip policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of MotorBlip's Services or your breach of any law or the rights of a third party.
If a dispute arises between you and MotorBlip, we strongly encourage you to first contact us directly to seek a resolution by contacting customer support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement, shall be governed and construed in all respects by the laws of England and Wales. You and MotorBlip both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or by posting the amended terms on
email@example.com . All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and a MotorBlip representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the MotorBlip site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The User Agreement, the MotorBlip User Privacy Notice and all polices posted on our site are the entire agreement between you and MotorBlip and supersede all prior understandings and agreements of the parties.
Legal notices shall be served by registered mail to MotorBlip, H.A.T. Enterprise , Victory Business Centre, 219 Somers road North, PO1 1PJ, England. We shall send notices to you by email to the email address you provide to MotorBlip during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.