Please read these terms and conditions carefully before using this site
What's in these terms?
These terms tell you the acceptable use and rules for using our website - https://www.sell2swansway.com
Click on the links below to go straight to more information on each area:
Who we are and how to contact us
By using our site you accept these terms
There are other terms that may apply to you
We may make changes to these terms
We may make changes to our site
We may suspend or withdraw our site
We may transfer this agreement to someone else
1. Who we are and how to contact us
https://www.sell2swansway.com is a site operated by us, Swansway Garages Limited, a limited liability company registered in England and Wales with registered number 04507008 and having its registered office and main trading address at Gateway, Crewe, CW1 6YY. Our VAT number is 823 8072 33.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
If you use services available from our site including for example the selling tool or seek or obtain the valuation of a vehicle, our Terms and conditions of business available here will apply to you.
4. We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 03/05/2023.
5. We may make changes to our site
We may update and change our site as we may decide in our discretion from time to time to reflect changes to our products or services, our users' needs and our business priorities or for other reasons.
6. We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
8. Our site is only for users in the United Kingdom
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
9. How you may use material on our site
10. No text or data mining, or web scraping
You must not:
transmit any material designed to interrupt, damage, destroy or limit the accessibility or functionality of our Website or the Services;
attempt to gain unauthorised access to our Website, the non-public parts of it, the server on which our Website is stored or indeed any server, computer or database connected to our Website, or from or through which the Services are provided;
use any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system;
use our Website or Services to create, check, confirm, update, modify or amend your own or another person's databases, records or directories;
use our Website in any unlawful, fraudulent, offensive or abusive manner;
attempt to copy our data or reverse engineer the Services or the processes used on our Website;
do anything which might interfere with any other user's enjoyment of our Website or services which we offer or provide;
conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions of this clause 13 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause 13 will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
This site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the United Kingdom (each, a Permitted Territory). By continuing to access, view or make use of this site [*and any related content and services*], you hereby warrant and represent to us that you are located in the United Kingdom. If you are not located in the United Kingdom the information on our site may not apply to you and the services offered are likely to be unavailable to you. You must immediately discontinue use and any services offered by us on this website.
11. Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or appropriate specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
12. We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
13. How to complain about or report content
If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately.
14. Our responsibility for loss or damage suffered by you
14.1 Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
14.2 If you are a business user:
This site is not intended for any use for business purposes and we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
14.3 If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
15. How we may use your personal information
16. Uploading content to our site
16.1 Whenever you make use of a feature that allows you to contribute to our site by uploading content to it, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. 16.2 You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible and liable to us for any loss or damage we suffer as a result of your breach of that warranty and/or failure to so comply with those standards. 16.3 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload. 16.4 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy. 16.5 We have the right to remove any posting you make on our site or any information or other thing you upload to our site if, in our opinion, such post, information or other thing does not comply with the content standards set out in our Acceptable Use Policy. 16.6 If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact us here. 16.7 You are solely responsible for securing and backing up your content. 16.8 You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
17. Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute that content in such form as we decide including combining it with other data and works including for the purposes of promoting our site or the goods and services we offer. Such licence will continue without limit in time.
18. We are not responsible for viruses and you must not introduce them
18.1 We do not guarantee that our site will be secure or free from bugs or viruses. 18.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. 18.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
19. Rules about linking to our site
19.1 You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 19.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 19.3 You must not establish a link to our site in any website that is not owned by you. 19.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. 19.5 We reserve the right to withdraw linking permission without notice. 19.6 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. 19.7 If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected].
20. Which country's laws apply to any disputes?
You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [*INSERT AS LINK TO CONTENT STANDARDS BELOW*].
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
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.
In any way that involves child sexual exploitation or abuse.
To upload terrorist content.
You also agree:
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
Issue of a warning to you.
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.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
How this contract can be transferred
We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
Which country's laws apply to any disputes?
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in
Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.