Advertising terms & conditions

Advertising terms & conditions ("Conditions")

In these Conditions "We", "Us", "Our" or "Auto Trader" refers to Auto Trader Limited trading as Auto Trader, "You", "Your" refers to any person, firm or company ordering advertisements with Us for inclusion on the Website. "Website" means the website located at www.autotrader.co.uk

Advertisements placed on the Website will also appear on Auto Trader's Digital Interactive Television service and mobile Internet service (currently available to users of Wireless Application Protocol (WAP) telephones).

Orders for insertion of advertisements on Our Website are subject to the following Conditions and the placing of an advertisement with Us is deemed acceptance of these Conditions. These terms and conditions and the contract of which they form part shall be governed by English law.

Where you are a consumer, nothing in these Conditions affects your statutory rights.

  1. The agreement with Us is personal to you, and You may not assign or transfer or otherwise part with the agreement without Our prior written consent.
  2. MULTIPLE ADVERTISEMENTS

    a. We are only able to display one advertisement for each vehicle at any one time. b. If You order a subsequent advertisement for a vehicle which is already advertised on the Website, then the subsequent advertisement will replace the previous advertisement for that vehicle. c. The time period for the first advertisement will automatically expire when it is replaced by the subsequent advertisement. d. We will not be liable to reimburse You for any period in which the first advertisement has been paid for but has not been displayed.
  3. PAYMENT

    a. All advertisements must be pre-paid prior to publication and We shall not be obliged to publish any advertisement that has not been paid for in advance. You shall be liable to pay such rates as stated by Us. b. Payment for advertisements are made on line through Our Website if placing your advertisement online or via Our offline sales team (on 0345 111 0003 if your advertisement is placed by phone). c. We shall have the right to change Our advertising rates at any time and for any reason and any revised rates shall apply to any advertising placed with Us after publication of the revised rates. d. Where payment is taken through the Website, We will refer You to a dedicated commerce provider who will take payment via a secure sever (SSL) connection to ensure the safety of Your payment on-line. Payment can be made using Visa, MasterCard, Whilst every effort is made to ensure the safety of Your card transaction, We cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.
  4. PROCESSING YOUR ADVERTISEMENT

    a. Only one vehicle may be featured in each advertisement. b. We aim to process advertisements supplied on-line or to the Auto Trader sales team within 24 hours of receipt and publish them on the Website the following working day. c. As soon as an advertisement has been accepted for carriage, a confirmation email will be sent to You explaining that the advertisement has gone live onto the Website. In the event that an advertisement has been rejected for carriage, We will attempt to send an email to You explaining who You need to contact in order to find out why Your advertisement has been rejected.
  5. WARRANTIES

    a. You warrant that (i) all copy information and materials that You provide to Us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the British Code of Advertising Practice, all other relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation (ii) the publication of the advertisement by Us will not breach any contract, infringe any third party intellectual property rights or other rights; render Us or any other company in Auto Trader Group Limited liable to any proceedings; and/or detriment Our reputation and/or the reputation of the Auto Trader Group Limited (iii) in respect of any advertisement which contains any copy or photographs or video by which any living person is or can be identified, You have obtained the necessary authority of such living person and complied with the Data Protection Act 1998 (as amended from time to time). b. We may suspend, or terminate immediately, the agreement where (i) You fail to comply with the provisions of clause 5.a (ii) We suspect that You are not complying with the provisions of clause 5.a and/or (iii) any competent law enforcement or compliance authority instructs, advises or makes a recommendation to Us to take down any of Your advertisements and/or suspend the delivery of services to You.
  6. INTELLECTUAL PROPERTY RIGHTS

    a. All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights (whether registered or not)) ("IPRs") in any copy, text, artwork, photographs or other materials which We have created and/or in any way altered for You shall belong to Us absolutely. To the extent that any such IPRs are not automatically vested in Us, You assign to Us all such IPRs. You shall, at Our request, sign and execute all such documents and do all such acts as We may reasonably require to vest the IPRs in Us and to protect and enforce them. In respect of any materials (except those referred to above) which You supply to Us ("Materials"), You grant Us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You undertake that neither You nor any other person will assert any moral rights in or relating to the IPRs referred to above against Us or any third party. b. No advertisement (or any part thereof) placed with Us may be reproduced in any other publication or otherwise without Our express prior written consent and You shall not license, permit or authorise any such reproduction. c. You shall indemnify and keep Us fully and effectively indemnified against all actions, suits, claims, demands, costs, charges, damages, losses and expenses (including legal expenses on an indemnity basis) suffered or incurred by Us due to, or arising out of, the publication by Us of any advertisement for You in accordance with Your instructions or specifications including (without limitation) any claim for defamation or the infringement of any third party's IPRs.
  7. OUR RIGHTS AND OBLIGATIONS

    a. We shall provide the service with reasonable care and skill in a professional and timely manner and the advertisement shall be designed materially in accordance with the agreed specification. b. Where Your advertisement is to appear on the Website, You acknowledge and accept that it is technically impossible to guarantee that the Website will be continuously available online or the corruption free or error free transfer of the advertisement to such websites. c. We do not monitor or control and shall not be responsible for the content of Your advertisement which You agree is Your sole responsibility. Accordingly, You shall be responsible for any losses, expenses or other costs incurred by Auto Trader caused by an untrue statement or inaccurate photograph or video supplied. d. We reserve the right to refuse to publish any advertisement without reason and to classify, edit and delete an advertisement at Our sole discretion. Where possible - We will attempt to contact You to inform You of these changes prior to publication. e. We may at any time vary the technical specifications of the Website (or any part of it) for operational reasons. f. We may at any time remove any or all of the materials from the advertisement which in Our opinion are unlawful or have been placed on the advertisement in breach of this agreement. g. In the event that We are unable to accept an advertisement for any reason, We will attempt to inform You of this if at all possible. In the event that We reject the advertisement, no charge will be incurred You. No contract will be deemed to exist between You and Us until the advertisement has been accepted for the Website. h. From time to time We will need to carry out maintenance on Our equipment and systems, and We shall use Our reasonable endeavours to ensure that, in so doing, minimum disruption to the advertising is caused.
  8. VIDEOS AND PHOTOGRAPHS

    a. Videos and/or photographs may be checked to ensure that the content meets the requirements set out in these terms and conditions. b. If Your video and/or photograph includes infringing material We reserve the right to remove it from Our Website. c. Videos and/or photographs must not contain: nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyrighted material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous. d. Videos and photographs should only advertise one vehicle. e. Video audio should also comply with the above and if it is not deemed by Us to do so We reserve the right to remove the sound.
  9. AMENDMENTS

    a. If You need to amend Your advertisement, You can do so via the on line edit functionality or by contacting Customer Services on 0345 111 0003. b. If You are experiencing any difficulties in relation to amendments or, You would like to discuss whether changes can be made, please contact Customer Services on Tel: 0345 111 0003 (please refer to Our Website for current opening hours) or email your enquiry to: enquiries@autotrader.co.uk, please include Your advertisement reference number, vehicle registration or postcode with the query.
  10. CANCELLATION AND REFUNDS

    a. All advertisements will be processed immediately and are non-refundable once the advert appears on our site. Please note adverts may take up to 24 hours to appear on our website b. The publication of an online advertisement can be cancelled to avoid unwanted response, however no refunds are given once the advert is live. Advertisements can be cancelled by sending an e-mail - quoting the advertisement reference number - to enquiries@autotrader.co.uk or by contacting Customer Service on 0345 111 0003.
  11. LIABILITY

    a. We shall not be liable to You for any: loss or damage suffered by You arising out of or in connection with any total or partial failure to publish an advertisement on the Website loss of copy, artwork, photographs or other materials; in contract, tort (including, without limitation, negligence), statutory duty or otherwise arising out of or in connection with Your agreement with Us for (i) consequential, indirect or special loss or damage; (ii) any loss of goodwill or reputation; (iii) loss of business and/or opportunity; (iv) loss of profits; (v) loss of revenue; and/or (vi) 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. b. Our total liability to You in contract, tort (including, without limitation, negligence), statutory duty or otherwise (unless otherwise excluded) shall not exceed the charges paid by You for the relevant advertisement in the week during which the event giving rise to the liability occurred. c. Nothing in these Conditions shall exclude or restrict Our liability for death or personal injury caused by Our negligence, for fraudulent misrepresentation and/or for any other liability which We are not permitted to exclude or limit by law. d. In the event of any error, misprint or omission in an advertisement, We may at Our sole discretion either amend the relevant part of the advertisement or refund or adjust the charges. No refund, amendment or adjustment to the charges will be made where in Our sole opinion, the error, misprint or omission does not materially detract from the advertisement or where it arises as a result of incorrect or inadequate information provided by You. e. We shall not be liable to You for any delay in performing and/or any failure to perform Our obligations to You if the delay or failure is due to any cause beyond Our reasonable control (including, without limitation, any act of God, strike, infrastructure failure or power failure).
  12. DATA PROTECTION

    a. By submitting an advertisement to Us, You are requesting that Your advertisement appears on the Website. This means that the advertisement together with your telephone number and company details (where applicable) can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way. b. We each warrant to the other that We shall comply with the provisions of the Data Protection Act 1998 as may be amended from time to time ("Act") in so far as Our agreement with You relates to or involves the processing of Personal Data (as defined in the Act). c. You acknowledge and agree that by placing an advertisement with Us, We may collect certain Personal Data relating to You and/or Your employees, consultants and/or contractors (as applicable). This Personal Data may be used for a number of purposes as further detailed in Our Privacy Policy on the Website which We advise You to read. For the privacy policy click here . In addition this information may be used for fraud prevention purposes; assisting with police investigations and/or enquiries; and/or complying with statutory and regulatory obligations.
  13. GENERAL

    a. These Conditions and any order form (where relevant) contain the entire agreement between Us and You and supersede all prior agreements. Nothing in these Conditions shall exclude Our liability for fraudulent misrepresentation. b. If any provision of these Conditions is deemed by a competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law. c. We reserve the right to assign or sub-contract this agreement and any of Our rights or obligations to a third party. d. We reserve the right to modify these Conditions from time to time and any such modifications shall be effective immediately from the time they are notified to You. Display of the modified Conditions on the Website shall be deemed to be notice to You. You agree to review the Conditions regularly to ensure You are aware of any modifications. e. The agreement which incorporates these Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
  14. TRADE ADVERTISING


    The following terms and conditions only apply to orders placed for trade advertising and are in addition to the terms and conditions set out above:

    1. NOTICE

      - The Business Advertisement Disclosure Order 1977 came to effect on January 1st 1978, and requires all advertisements by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person. In the course of whose business goods are to be sold. Customers should be able to tell whether an advertisement relates to a sale by a trade or private seller. It is the responsibility of the advertiser to comply with the Order. Where You are a trader, it is an offence, for which You may be prosecuted, not to advertise the fact that You are a trader.
    2. The placing of an order for trade advertising to be included on the Website shall amount to an acceptance of these conditions. Any agency conditions stipulated on an agency's order shall be void in so far as they are in conflict with these Conditions.

Please send all correspondence to: Customer Services 1 Tony Wilson Place, Manchester, M15 4FN E-mail: enquiries@autotrader.co.uk.

Telephone: 0345 111 0003 Refer to Our Website for current opening hours.

Registered office: Auto Trader Limited, 1 Tony Wilson Place, Manchester, M15 4FN. Registered in England with company number 3909628. VAT number: GB 614891820.

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