Terms of use

Welcome to Performance Car Solutions. By using or accessing this site, you acknowledge that you are subject to the following terms and conditions (the “Terms”).

This website is owned and provided by Performance Car Solutions Ltd (registered in England and Wales with company number 6977297) whose registered address is at Performance Car Solutions, 16 Elliott Road, Bromley, Kent, BR2 9NU.

In these Terms of Use, “we”, “our” and “us” means Performance Car Solutions Ltd and “you” and “your” means any person who accesses and uses this website.

General

Access to and use of this Website is subject to these terms of Use and our Privacy Policy. By accessing and using this Website you agree to be bound by and act in accordance with these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you are not permitted to access and use this website.

We reserve the right to amend these Terms of Use from time to time without notice to you. The amended Terms of Use will be effective from the date they are posted on this Website. As these Terms of Use may be amended from time to time, you should check them whenever you visit this Website. Your continued use of this Website will constitute your acceptance of the amended Terms of Use.

Our Service

Please be aware that nothing within this Website is, or shall be deemed to constitute financial advice, or arrangement by us. You should always check the suitability, adequacy and appropriateness of the product that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any product.

Trade Optimisation – We do not own nor do we handle the actual financial transaction between buyers and sellers of vehicles referred to on this Website. Instead, we act in an agency capacity providing a network between registered buyers and sellers of prestige / performance vehicles and support the negotiation between both parties.

Please be aware that nothing within this Website is, or shall be deemed to constitute, an offer by us or any third party to sell you any product or to enter into any contract with you in respect of any product. By submitting your details, you are making an offer to obtain the relevant quotations, products and services from the relevant third party on its terms and conditions that may be accepted or rejected. The contract for the product or service will only be concluded once your offer has been accepted.

We aim to provide uninterrupted access to this Website. However, we reserve the right to suspend, restrict or terminate your access to this Website at any time.

We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this Website from time to time.

Permitted Use

You are only permitted to access and use this Website for your personal, non-commercial purposes, meaning this Website may only be accessed and used directly by a private individual or by a business to seek a product directly for that individual or business and on their own behalf. Access to and use of this Website other than for your personal, non-commercial purposes is strictly prohibited.

You are not permitted to use this Website:

• In any unlawful, fraudulent or commercial manner.
• To harm threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person’s privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us.
• To tamper with, modify, reverse engineer or amend any part of this Website.
• In a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us.
• Using any automated programs, robots, web crawlers, spiders, data mining, trawling or other ‘screen scraping’ software or system without prior written consent.

With our prior agreement you may operate a link to this Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. We reserve the right to require you to remove any link to this Website at any time and to withdraw any linking permission.

Your responsibilities

You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this Website or the websites of third parties or any other technology.

You must check and ensure that all information, content, material or data you provide on this Website is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on this Website is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.

Before you obtain any product or service from a third party, you must check all of the information, content, material or data held by the third party about you to ensure it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in the information, content, material or data held by the third party about you before you obtain any product or service. Failure to do so could invalidate the product or service provided by the third party. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data held by the third party about you is not correct, complete and accurate or if it is misleading or if you have failed to disclose all relevant facts.

You are solely responsible and liable for your conduct on this Website and for your User Content. You must ensure that:

• Your User Content does not violate or infringe any privacy rights, intellectual property rights (such as copyright, database rights and trade marks) or other rights of any third party (including any right of confidentiality).
• Your User Content does not violate or infringe any law.
• Your User Content is true, complete, accurate and not misleading where it relates to facts, or is genuinely held where it relates to an opinion.
• You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on this Website and/or your User Content.

Intellectual Property

The copyright in the information, content, material or data displayed on this Website belongs to us or our licensors. You may temporarily print, copy, download or store extracts of information, content, material or data displayed on this Website for your own personal use, subject to the following conditions:

• It may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, re-utilised or reproduced without our prior written consent.
• It may not be sold or transferred to any third party.
• The copy must retain any copyright or other intellectual property notices contained in the original material.
• Images displayed on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective owner(s).
• No logos, trade marks or service marks displayed on this Website may be printed or downloaded, except as part of the text of which they form part.
• You must not modify the paper or digital copies of such information, content, material or data.
• It may not be excerpted, utilised, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent.

All intellectual property rights including, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trade marks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved.

Except as set out elsewhere in these Terms of Use, none of the intellectual property rights belonging to us or our licensors in and relating to this Website (including information, content, material or data displayed on it) may be used, copied, modified, published, extracted, utilised, transmitted, displayed, sold, excerpted, reverse engineered, made available, reproduced, reformatted or distributed by you without our prior written consent.

Limits to our liability

Whilst we use reasonable endeavours to ensure that information on this Website is accurate and up to date and to correct errors as soon as we are able to after becoming aware of them, we do not check, monitor, review, verify or endorse, and we are not responsible or liable for any loss or damage you may suffer or incur in connection with, any information, content, material or data collected from or provided by third parties which is displayed on or is otherwise available from this Website or any third party websites. Such information, content, material or data may be inaccurate, incomplete or out of date. It is your responsibility to check that such information, content, material or data is accurate, complete, correct and up to date.

Any views, opinions, advice, reviews, ratings or comments on this Website or any third party websites which are made by third parties (including User Content as described in paragraph 4.5) do not represent our views or advice, should not be relied upon by you and are not checked, monitored, reviewed, verified or endorsed by us. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice, reviews, ratings or comments including in relation to their accuracy, truthfulness or completeness.

We do not give any warranty or guarantee that this Website, any third party website or any information, content, material or data on this Website or any third party website is free from viruses, spyware, malicious software, trojans, worms, logic bombs or anything else which may have a contaminating, harmful or destructive effect on any technology. You must ensure that you use appropriate virus checking software. We are not responsible or liable for any loss or damage you may suffer or incur in this regard where caused by any third party.

We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of this Website which is caused by any event beyond our reasonable control including the electronic transmission of information, content, material and data over the internet and the interception or decryption of it by others.

We are not responsible or liable for any indirect loss or damage you may suffer or incur in connection with your use of this Website, including any loss of savings you expect to make, or any loss or damage you may suffer or incur in connection with your use of this website which was not foreseeable by us when you used this Website.

We are not responsible or liable for any loss or damage you may suffer or incur in connection with any inability to access and use this Website for any reason.

Exclusion of our liability in respect of third party products, services and websites

You can apply for a number of products and services via this Website. These products and services are not provided by us but are instead provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product before doing so. We are not responsible or liable for any loss or damage you may suffer or incur in connection with any product you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product or service.

Please be aware that the information and descriptions of products on this Website may not represent the complete descriptions of all the features and terms and conditions of those products. You must ensure that you are fully aware of all the features and terms and conditions of any product before applying for it.

If you apply for and obtain any product or service, you will be contracting with a third party who will be providing that product to you on their own terms and conditions. It is your responsibility to ensure that you understand and agree with those terms and conditions before entering into a contract to obtain that product. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions applying to any contract entered into by you with any third party in relation to any product or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.

We provide links from this Website and from emails sent to you as part of our service to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. You access and use these third party websites at your sole risk and your sole discretion. You are solely responsible for any use of these third party websites and for any decision to obtain or refrain from obtaining any of the products available on such third party websites. Any links to third party websites are provided for your interest and convenience only. We do not endorse, recommend or take responsibility for such third parties, their products or their websites. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their website.

Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy will be different from these Terms of Use and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any third party website before using that website. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy.

Privacy

We are committed to protecting your privacy and we treat your privacy very seriously. We process information about you in line with our Privacy Policy. By using this Website, you agree to the way in which we process and deal with your personal information.

We may disclose your personal information or access your account if required to do so by law, any court, the Financial Services Authority, the Office of Fair Trading or any other applicable regulatory, compliance, Governmental or law enforcement agency.

Miscellaneous

This Website is only intended for use by residents of the United Kingdom. We make no warranty or representation that any product or service referred to on this Website and/or any service we provide is available or otherwise appropriate for use outside of the United Kingdom. If you choose to use this Website from locations outside the United Kingdom, you do so at your sole risk and you are responsible for compliance with all applicable local laws.

No failure or delay by us in exercising any right under these Terms of Use will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms of Use constitute the entire agreement between you and us relating to your access to and use of this Website and supersedes any prior agreements (including any previous terms of use of this Website).

Governing law

These Terms of Use and your access to and use of this Website shall be governed by and interpreted in accordance with English law.

Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms of Use and your access to and use of this Website (including any claims or disputes).