Car Owl Dealer Terms and Conditions
These Terms were last updated on 17 August 2026.
Which document applies to what:
- These Terms govern your trade account: bidding for and buying Vehicles, listing Vehicles, your subscription, and your credits.
- Our general Terms and Conditions govern your use of the website itself. Where they and these Terms differ in relation to a trade account, these Terms take priority.
- Our History Check Terms and Conditions govern every vehicle history check, including checks paid for with credits.
- The Dealer Code of Conduct applies to you at all times.
You are contracting as a business. Consumer protection law, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, does not apply to a trade account. In particular you have no statutory right to cancel a listing, a subscription or a credit pack, and the business customer provisions in our general Terms and in the History Check Terms apply to you.
1. Definitions and Interpretation
In these Terms, the following words have the following meanings:
- Applicable Laws: All laws, regulations, statutes, subordinate legislation, common law, judgments, orders, notices, instructions, decisions, and awards of any court or competent authority or tribunal, all codes of practice having force of law, and any statutory guidance, regulatory policy or guidance, and industry codes of practice. For the avoidance of doubt, Applicable Laws shall include but not be limited to consumer protection laws, sanctions, anti-bribery and corruption laws, anti-money laundering laws, proceeds of crime laws, and modern slavery laws.
- Bid: The sum offered by you on the Car Owl Platform to purchase a Vehicle.
- Confidential Information: Has the meaning given to it in Clause 6.
- Data Protection Laws: Any applicable data protection, privacy, or similar laws that apply to data processed in connection with these Terms, including the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Directive 2002/58, and any amendments or replacements to these laws.
- Dealer: You, as a dealer of used vehicles and an actual or prospective user of the Car Owl Platform and purchaser or Seller of Vehicles through the same (also referred to as you, your, yourself).
- Dealer Code of Conduct: The code of conduct applicable to all Dealers available at https://carowl.co.uk/dealer/code-of-conduct.
- Eligibility Criteria: The criteria, communicated to you by Car Owl, which must be met in order for you to be allowed to access the Car Owl Platform and any services provided through the same, and bid on Vehicles (or sell Vehicles through Car Owl Trade). This may include, but is not limited to, anti-money laundering checks, know-your-client checks, and other business-suitability checks conducted by Car Owl and/or its third-party representatives.
- Car Owl: Car Owl Ltd, a company registered in England and Wales with company number 15130731 whose registered office is at Unit A, 82 James Carter Road, Mildenhall, United Kingdom, IP28 7DE (also referred to in these Terms as we, us, our).
- Car Owl Platform: The online used car marketplace platform offered by Car Owl via the Website.
- Car Owl Trade: The service provided via the Car Owl Platform allowing Dealers to sell Vehicles to other Dealers, subject to meeting specific Eligibility Criteria.
- Outstanding Finance: Any finance due in respect of a Vehicle from a Seller or any previous or current owner of that Vehicle to a third party such as a car finance company, stocking finance company, or bank.
- Lead/Enquiry: A request submitted by a prospective buyer through the Car Owl Platform expressing interest in a Vehicle, which may include an offer price, a message, and the buyer's contact details.
- Listing Fee: The sum payable to Car Owl by the Seller in respect of listing a Vehicle for sale on the Car Owl Platform, as set out on our Website or otherwise communicated to the Seller.
- Privacy Policy: Our Dealer Privacy Policy which can be found at https://carowl.co.uk/privacy-policy.
- Terms: These Car Owl Ltd Dealer Terms & Conditions, together with our Privacy Policy, and any other policies referenced on this page and/or provided to you by Car Owl from time to time.
- Purchase Price: The consideration paid by you to a Seller for their Vehicle under a Vehicle Purchase Contract less applicable taxes.
- Seller: An individual or business who (directly or through another) sells their Vehicle through the Car Owl Platform.
- Seller Vehicle Data: The information provided by the Seller in respect of their Vehicle.
- Transport Services: The collection of the Vehicle from a Seller by third-party transportation providers and the delivery of the same to you.
- Unacceptable Practices: Any of the practices listed in Clause 13.2.
- VAT: Value added tax.
- Vehicle: Any vehicle offered for sale by a Seller on the Car Owl Platform.
- Vehicle Purchase Contract: An agreement or arrangement entered into between yourself and a Seller for the sale and purchase of a Vehicle.
- Website: The Car Owl website available at https://carowl.co.uk or such other URL as Car Owl may determine.
- Working Day: A day other than a Saturday, Sunday or public holiday in England.
Words in the singular include the plural and in the plural include the singular. Headings shall not affect the interpretation of these Terms. References to Clauses are, unless otherwise provided, references to the clauses of these Terms. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies. Any phrase introduced by the word 'including' shall be construed as illustrative and shall not limit the generality of the related general words.
2. Appointment and Use of the Car Owl Platform
2.1 Car Owl's Role
You acknowledge that Car Owl is the owner and operator of a used car marketplace, whereby you have the opportunity to purchase Vehicles offered for sale by Sellers. At no point does Car Owl offer vehicles for sale itself, nor does it acquire any risk or title to any Vehicle made available for sale via the Car Owl Platform.
2.2 Dealer Eligibility and Conduct
Subject to you meeting the Eligibility Criteria, Car Owl shall permit you to access the Car Owl Platform to enable you to place Bids and purchase Vehicles.
You shall, at all times when using the Car Owl Platform:
- comply with these Terms;
- comply with any policies provided to you from time to time by Car Owl;
- continue to meet the Eligibility Criteria;
- not engage in any Unacceptable Practices; and
- act in good faith and treat our employees, transport partners, and Sellers with respect, act with honesty and integrity at all times, and comply with any conduct guidelines provided to you by Car Owl from time to time (including the Dealer Code of Conduct).
Each party acknowledges and agrees that it has no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorised to bind the other party in any way.
3. Bid Process and Purchasing Vehicles
3.1 Vehicle Information
On the Car Owl Platform, you will be provided with the Seller Vehicle Data in respect of each Vehicle.
You acknowledge and agree that each Vehicle is sold on an 'as is' basis. Car Owl is a marketplace only and, as such, does not carry out any pre-sale inspection of Vehicles listed for sale on the Car Owl Platform.
If, in your reasonable opinion, further information is required about a particular Vehicle, you should request such information from us before you make a Bid, and we shall provide such further information as is made available to us from the Seller.
You acknowledge and agree that you, alone, are responsible for carrying out your own due diligence on each Vehicle before you place a Bid.
3.2 Placing a Bid
If you wish to make a Bid for a Vehicle after you have carried out your due diligence, you shall do so via the Car Owl Platform.
3.3 Once a Bid Has Been Accepted
Once the Seller has accepted your Bid, we shall contact you and the Seller to inform each party of the sale. Within 1 (one) Working Day of receipt of that confirmation of sale, you must do the following:
- contact the Seller to arrange for collection of the Vehicle (applicable if you choose to collect the Vehicle yourself); or
- in either case, provide a copy of your terms and conditions of purchase in the form of a written Vehicle Purchase Contract to the Seller.
You warrant, represent, and undertake that your Vehicle Purchase Contract shall:
- comply with all Applicable Laws, including Data Protection Laws;
- not permit you to cancel or terminate the Vehicle Purchase Contract without cause, except in accordance with Applicable Laws that may not lawfully be excluded; and
- not include Car Owl as a party and/or include any representations, warranties, or conditions purported to be made by Car Owl.
At our request, you shall provide us with a copy of your Vehicle Purchase Contract(s).
3.4 Cancellation and Price Adjustments
You acknowledge and accept that, save for where permitted under Clause 3.4, once a Bid has been accepted by a Seller, you shall purchase the Vehicle from the Seller, and the Purchase Price for the Vehicle shall be the same as the winning Bid, accepted by the Seller.
You shall only be entitled to cancel a Bid or seek an adjustment to the Purchase Price in the following circumstances:
- the Seller refuses to sell the Vehicle;
- there is any undisclosed Outstanding Finance on the Vehicle;
- you can show that the Seller has engaged in fraudulent activity in selling the Vehicle (e.g., selling a clocked or stolen vehicle); and/or
- otherwise in accordance with our Car Owl Cancellation and Price Adjustments Policy, a copy of which is available here https://carowl.co.uk/dealer/cancellation-and-price-adjustment
Whenever you wish to make a cancellation or price adjustment under Clause 3.4:
- you must complete the Dealer Cancellation and Price Adjustment Form as soon as possible;
- you must always act in good faith and treat the Seller with fairness and respect at all times, in accordance with any guidelines and policies provided to you by Car Owl from time to time;
- you must be able to demonstrate that the Seller Vehicle Data is incorrect or incomplete, including if there is undisclosed damage to, and/or faults with, the Vehicle.
All price adjustments based on Clause 3.4 must be fairly calculated to accurately account for the undisclosed damage and/or faults with the Vehicle.
3.5 Discharging Outstanding Finance
If the Seller Vehicle Data states that there is Outstanding Finance on a Vehicle, then you undertake to pay, in full, the sum due to the applicable finance company, and the Purchase Price paid to the Seller shall be reduced by the amount of the Outstanding Finance. You should obtain proof of payment of the Outstanding Finance from the applicable finance company, which you shall make available to us and/or the Seller on request. You agree to indemnify us and hold us harmless against any losses, penalties, fees, costs, interest, and damages arising out of or in connection with your breach of this Clause 3.5, and we may pursue any such amounts arising under this indemnity via a debt claim against you.
3.6 Payment of the Purchase Price
Notwithstanding any terms to the contrary in the Vehicle Sales Contract, you shall make payment of the Purchase Price within 24 hours of the time at which the Vehicle in question is collected from the Seller.
Where a Vehicle is subject to VAT (e.g., a company Vehicle or a Vehicle used as part of a trade, or where the Seller is VAT registered), you agree that you shall pay VAT to the Seller in addition to the Purchase Price.
The Purchase Price shall be paid by you to either:
- the nominated bank account of the Seller, as notified to you by us; or
At no point shall any of the Purchase Price for a Vehicle be made in cash.
3.8 Car Owl Trade
If you wish to sell a Vehicle via Car Owl Trade, you must first meet certain Eligibility Criteria (which are available on request from Car Owl). The existing Car Owl Seller Terms will apply to any sales made through Car Owl Trade.
4. Vehicle Collection and Transport
4.1 Collecting a Vehicle Yourself
Once a Bid has been accepted by a Seller, if you decide to collect the Vehicle using your own staff or a third party appointed by yourself:
- you shall collect the Vehicle as soon as possible after receipt of the confirmation of sale from us;
- you shall provide the Seller with regular collection updates and shall collect the Vehicle at a time suitable to the Seller; and
- you acknowledge and accept that you alone are responsible for carrying out an inspection of the Vehicle on collection. If you engage a third-party agent to collect the Vehicle, it is your responsibility to ensure that a proper inspection of the Vehicle is undertaken by them. You shall notify us within 1 (one) Working Day of you having collected a Vehicle.
5. Fees, Subscriptions, Credits and Buyer Enquiries
5.1 Listing Fee Model
Car Owl operates a listing fee model. Sellers pay a Listing Fee when listing a Vehicle for sale on the Car Owl Platform. There are no buyer fees - buyers can browse listings, submit enquiries, and purchase Vehicles without incurring any platform fees from Car Owl.
The Listing Fee is payable by the Seller at the time of listing and is non-refundable, regardless of whether the Vehicle is sold.
5.2 Buyer Enquiries (Leads)
Prospective buyers may submit a Lead/Enquiry to a Seller through the Car Owl Platform. When submitting an enquiry, buyers may:
- express their interest in a Vehicle;
- optionally make an offer price;
- include a message to the Seller; and
- choose whether to share their contact details (phone number and/or email address) with the Seller.
Sellers will receive enquiries through the Car Owl Platform and may contact prospective buyers directly to discuss the Vehicle and arrange the sale.
5.3 Direct Communication
Once an enquiry has been submitted, communication and negotiation between the buyer and Seller takes place directly between the parties. Car Owl facilitates the initial connection but is not a party to any subsequent discussions, negotiations, or the Vehicle Purchase Contract.
You acknowledge and agree that Car Owl is not responsible for the conduct of any buyer or Seller during direct communications, and you agree to treat all parties with respect and act in good faith at all times.
5.4 No Buyer Fees
For the avoidance of doubt, buyers are not charged any fees by Car Owl for using the Car Owl Platform, submitting enquiries, or purchasing Vehicles. All platform fees are borne by Sellers through the Listing Fee.
5.5 Subscriptions
We offer paid subscription plans for trade accounts. A subscription gives you the features described for that plan on our website at the time you subscribe, and the price and what is included are shown before you pay.
- Subscriptions are monthly and roll on. Your plan renews automatically each month and we take payment for each month in advance, until you cancel.
- You can cancel at any time, with no minimum term, no notice period and no cancellation fee. To cancel, email support@carowl.co.uk from the address on your account and we will action it.
- Cancelling stops the next payment. Your plan keeps running until the end of the month you have already paid for, and then your account returns to our free tier. We do not charge you again after you cancel.
- We do not refund part of a month. Because you can cancel at any time before the next payment is taken, and because the plan runs to the end of the paid month, a cancellation partway through a month does not produce a refund.
- Price changes. We may change subscription prices on at least 30 days' written notice to the email address on your account. A change never applies to a month you have already paid for, and if you do not accept it you can cancel before it takes effect.
- If a payment fails, we may retry it and may suspend or downgrade your plan until it is paid. Any fees already due stay payable.
- Features can change. We may add to, change or withdraw what a plan includes. Where a change materially reduces what you are paying for, we will tell you beforehand and you may cancel before it takes effect.
When your subscription ends, for whatever reason, your account returns to the free tier. Vehicles you have listed stay live for the period you have already paid for under Clause 5.1, and any credits on your account are unaffected and remain yours to spend.
5.6 History check credits and trade packs
You can buy vehicle history checks in bulk as a pack of credits. Each credit entitles you to run one check.
- Credits do not expire and are not tied to a subscription. They stay on your account until you spend them, and ending a subscription does not remove them.
- Credits are held against the account that bought them. Anyone signed into that account can spend them, so keep your account secure.
- Credits are not transferable between accounts and cannot be exchanged for cash.
- If a check fails to return a report, contact us and we will restore or refund that credit.
Every check you run is governed by our History Check Terms and Conditions, however you paid for it. Those terms set out what each level of check covers, the limits of the underlying data, and our responsibility to you. Two parts of them matter particularly to a trade account: the section headed Using Checks and the Information, which sets out what you may and may not do with a report you pass to a customer, and the section headed If you are a business customer, which applies to you instead of the consumer provisions.
In particular, you may give an individual report to a customer in relation to the specific vehicle it covers, but you may not resell checks as a standalone product, and you may not build a database from the information. Where you pass a report to a customer, the limits described in those terms apply to them as they apply to you, and it is for you to make that clear to them.
5.7 Reporting and Audits
You shall keep separate accounts and records in relation to your obligations under this Clause 5 for a rolling period of 6 (six) years. Car Owl and/or its authorised nominee shall be entitled to inspect and audit such records on 5 (five) Working Days' notice during business hours for a period of 6 (six) years following the last Vehicle you have listed or purchased through the Car Owl Platform. In particular, you shall allow Car Owl to take copies of or extracts from such records. You shall cooperate fully with any such inspection or audit at all times.
You acknowledge and agree that Car Owl shall be entitled to amend the Listing Fees at any time on written notice, but that any amendment shall not affect any Vehicle already listed by you.
6. Confidential Information
Confidential Information shall mean all information, whether written or oral, and in whatever medium, and which relates to the business, Sellers, suppliers, products, financial and management affairs, dealers, employees or authorised agents, plans, proposals, strategies or trade secrets disclosed by one party (the Disclosing Party) to the other party (the Receiving Party).
The Receiving Party shall not, and shall ensure that its Representatives (defined below) shall not, use, copy, or disclose any of the Confidential Information of the Disclosing Party except to carry out its obligations and exercise its rights under the Terms.
The Receiving Party shall only disclose the Disclosing Party's Confidential Information to those of its employees, directors, external advisers, and subcontractors (Representatives), strictly to the extent that they need to know the same in order for the Receiving Party to carry out its obligations under the Terms and where those Representatives are bound by written obligations of confidentiality and non-use, and such obligations apply to the Confidential Information disclosed to them.
The confidentiality obligations in this Clause 6 shall not apply to any Confidential Information which:
- is or becomes generally available to the public other than as a result of any act or omission of the Receiving Party;
- is already in or comes into the possession of the Receiving Party from a person lawfully in possession of the information and owing no obligation of confidentiality to the Disclosing Party in respect of the information; or
- is required to be disclosed by any court, government, or administrative authority competent to require disclosure.
7. Data Protection
7.1 Mutual Obligations
In order to facilitate your purchase of a Vehicle, you and we will be required to exchange personal data relating to the relevant Seller. With respect to such personal data, each of the parties agrees:
- that the data specification at Clause 7.3 shall apply;
- that each of the parties shall be an independent controller of the personal data and shall comply with, and be separately responsible for complying with, their obligations under Data Protection Laws with respect to the personal data;
- that the personal data will be shared using secure methods as agreed in writing;
- in the event of a notice, request, dispute, or claim brought by a data subject, supervisory authority, or other third party concerning the processing of the personal data against either or both parties, the parties will inform each other about such notice, dispute, or claim, and will cooperate with each other to resolve the matter;
- to appoint a single point of contact for communications relating to the processing of personal data, and to inform the other party of such point of contact promptly upon entering into these Terms. Our point of contact for communications relating to the processing of personal data is support@carowl.co.uk; and
- the personal data is provided by Car Owl on an “as is” basis, to the fullest extent permissible pursuant to Applicable Law. Car Owl disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the personal data, its use, and the results of such use.
7.2 Your Obligations
You agree:
- that you shall only process the personal data in accordance with the principles of the UK GDPR, where you have a legal basis to do so under the UK GDPR, and exclusively for the purpose more particularly described in the data specification at Clause 7.3 (Agreed Purpose);
- to take reasonable steps to ensure the reliability of any employee or third party who may have access to the personal data, ensuring in each case that: (i) access is strictly limited to those individuals who need to know and/or access the relevant personal data, and (ii) all such individuals are subject to appropriate confidentiality undertakings, whether contractual or statutory;
- not to share the personal data with any third party other than with Car Owl's express written consent;
- that you shall implement and maintain appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing and against accidental loss or destruction, alteration, or disclosure of, or damage;
- in relation to a personal data breach affecting the personal data, you shall: (i) notify Car Owl without undue delay in the event of such personal data breach, setting out reasonable particulars, and to provide Car Owl with any other information Car Owl may reasonably request in relation to such personal data breach, and (ii) take immediate steps to mitigate and remediate such personal data breach, and to take such reasonable commercial steps as are directed by Car Owl to assist in the mitigation and remediation of the personal data breach;
- not to transfer the personal data outside of the UK unless in compliance with Data Protection Laws; and
- to: (i) retain the personal data for no longer than is reasonably necessary for the Agreed Purpose, (ii) securely delete the personal data thereafter, and (iii) provide written confirmation of such secure deletion at Car Owl's request.
7.3 Types of Personal Data we May Share
Personal Data Specification:
- Categories of data subject:
- Sellers; and
- Categories of Personal Data:
- Seller: name, email address, address, phone number, date of birth, signature, photograph (on driving licence), bank account information, Seller Vehicle Data, and photographs or scans of documents containing the foregoing.
- Purpose of sharing Personal Data: In order to facilitate the purchase and transport of a Vehicle from a Seller.
8. Warranties
Each of the parties represents, warrants, and undertakes that:
- it has the right, power, and authority to enter into these Terms and to perform fully all of its obligations under these Terms; and
- the performance of these Terms shall not breach any other agreement entered into by it.
You warrant, represent, and undertake that, as a business, you comply with Applicable Laws at all times.
9. Disclaimer of Warranties
We make no warranty or guarantee that a Seller will comply with the provisions of a Vehicle Purchase Contract. Accordingly, we shall not be liable for any costs, claims, losses, expenses, or damages incurred by you as a result of any act or omission of a Seller.
We make no warranty, representation, endorsement, or recommendation in respect of any of the Seller Vehicle Data or any Vehicle. You agree that it is your responsibility to make appropriate enquiries to satisfy yourself that the Vehicle complies with the Seller Vehicle Data:
- prior to making a Bid; and
- again on collection of the Vehicle, before paying the purchase price to the Seller.
Accordingly, you acknowledge and agree that Car Owl shall not be liable for any costs, claims, losses, expenses, liabilities, or damages incurred by you or any third party for any inaccuracies or discrepancies in the Seller Vehicle Data and/or the Vehicle itself.
10. Limit of Liability
10.1 Exclusions of Liability
Neither party shall be liable to the other party under these Terms, in contract, tort (including negligence), under statute or otherwise, in relation to its acts or omissions under these Terms for any:
- wasted expenditure;
- loss of opportunity;
- loss of data or content; and/or
- special, indirect, or consequential loss.
10.2 Our Liability to You
Our total liability arising out of or in connection with these Terms or their subject matter, and to anything which we have done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to:
- the Listing Fee paid by you to Car Owl relating to the Vehicle that is the subject of the claim; or
- if the claim does not relate to a Vehicle, the total aggregate Listing Fees paid by you to Car Owl in the month preceding the date of the claim.
Nothing in these Terms shall limit or exclude a party's liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other loss that cannot lawfully be excluded or limited.
11. Termination and Suspension of Access
11.1 Rights of Termination
Without prejudice to any other rights or remedies which may be available to it, either party shall be entitled to give notice in writing to the other party terminating the Terms on giving the other 30 (thirty) days' written notice.
We may terminate these Terms with you at any time with immediate effect where:
- you no longer meet the Eligibility Criteria;
- any Listing Fee remains outstanding for a period of 30 (thirty) days after the due date for payment;
- you fail to discharge any Outstanding Finance on a Vehicle within a reasonable timeframe;
- you breach any Applicable Laws; or
- we have a reasonable belief that your use of the Car Owl Platform is, in any way, in material breach, or where there have been repeated breaches, of these Terms or any of our guidelines or policies.
11.2 Consequences of Termination
On termination of these Terms:
- any Listing Fees shall remain due in respect of any Vehicle listed by you prior to or on the termination date; and
- all outstanding sums due to Car Owl shall immediately become payable, including any amounts owing under the indemnity at Clause 3.5.
Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination of these Terms and/or your revocation of access to the Car Owl Platform shall remain in full force and effect.
11.3 Suspension of Access to the Car Owl Platform
We may suspend your access without notice to the Car Owl Platform and restrict your ability to place Bids on Vehicles in circumstances where we have a reasonable belief that your use of the Car Owl Platform is, in any way, in contravention of these Terms or any of our guidelines or policies, or whilst we investigate any potential breach of the same.
12. Force Majeure
For the purposes of this Clause 12 an event of “Force Majeure” means any event beyond the reasonable control of either party, including war, invasion, armed conflict, terrorism, strike, lock-out, labour dispute (but excluding strikes, lockouts and labour disputes involving employees of the party affected), riot, civil commotion, accident, act of God, fire, flood, and storm.
If a party is prevented, hindered, or delayed from or in performing any of its obligations under these Terms by an event of Force Majeure, the affected party's obligations under these Terms are suspended while the event continues and to the extent that it is prevented, hindered, or delayed and these Terms may be terminated by the other party on written notice.
A party may not rely on this Clause 12 for any failure to pay any sums due.
13. Use of the Car Owl Platform
13.1 Our Website and its Content
Car Owl and/or its licensors own all intellectual property rights in the Website, Vehicle images, information, and content available on the Website, any associated database(s), any proprietary software used within the Website, and the underlying source code (the Car Owl IP). All rights are reserved.
Car Owl grants you a revocable, non-exclusive, non-sub-licensable, non-transferable licence to use Car Owl IP only to the extent necessary to retrieve, display, and print content pages for your own personal, non-commercial use of the Website, subject always to compliance with these Terms.
For the avoidance of doubt, all Vehicle images belong to Car Owl and cannot be used by you without our express written consent.
13.2 Unacceptable Practices
You shall (and shall procure that your employees or other persons engaged on your behalf shall), at all times:
- not engage in any conduct that does not comply with the Dealer Code of Conduct;
- not engage in any deceptive practices or activities which breach Applicable Laws;
- not try to gain or permit another to gain unauthorised access to the Website, the Car Owl Platform, or any networks, servers, or computer systems connected to the Website;
- not use or access the Website other than for the bona fide purpose of seeking to purchase Vehicles, in good faith, through the Car Owl Platform;
- not use the Website or Car Owl Platform in any manner that could damage, disable, overburden, or negatively impact the performance of our servers or networks or interfere with any other user's use and enjoyment of the Website;
- not, without our written permission, deploy or allow the deployment of any web scraping, screen crawling, or similar technology with the outcome or intention of using data from the Website; and
- except to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Website.
For the avoidance of doubt, if you engage in any Unacceptable Practices, we will consider this a material breach of these Terms and reserve our right to terminate or suspend your access to the Car Owl Platform. We further reserve our right, in serious cases, to bring legal proceedings against you for breach of these Terms and/or to refer you to law enforcement authorities where we reasonably believe that you have breached Applicable Laws.
13.3 Website Availability
The Website and Car Owl Platform (including all content on it) is provided by us on an “as is” and “as available” basis. To the maximum extent permitted by Applicable Law, we disclaim all warranties, representations, and guarantees of any kind, either express or implied:
- regarding the Website and Car Owl Platform (including its content), including as to quality, suitability for any purpose (including your needs), compatibility, reliability, accuracy, completeness, timeliness, access or use of information provided by any Seller and/or is accessed or obtained by you via the Website, or otherwise through using our Services; or
- that the Website and Car Owl Platform will operate continuously, without interruptions or be fault-free. From time to time, we may need to make the Website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.
There may be occasions when access to the Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Where possible, we shall try to give you advance, reasonable notice of any such instances.
We use reasonable endeavours to ensure that the Website does not contain or promulgate any viruses or other malicious code, but we cannot guarantee that the Website will be free from bugs, viruses, or malicious code, and we are not liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, programs, or data due to your use of our Website.
14. Complaints
If you are unhappy with your experience with Car Owl, we encourage you to contact us directly by speaking to your account manager or by contacting our Support Team. Alternatively, you may email support@carowl.co.uk.
15. General
These Terms contain the entire agreement of the parties with respect to their subject matter, apply to the exclusion of any terms provided by yourself, and supersede all prior agreements and representations, standard conditions or other implied conditions, whether written or oral, with respect to the subject matter of these Terms. We may update these Terms at any time, and shall provide you with written notice at the email address provided to us if the change to these Terms is, in our reasonable view, a substantial change.
You shall not assign or delegate your rights or obligations under these Terms, in whole or in part, to any third party by operation of law or otherwise, without our prior written consent. Any attempted assignment or delegation that does not comply with this Clause 15 shall be of no effect.
Any failure or delay to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision.
If any provision of these Terms is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties.
Nothing in these Terms shall create or imply an agency, partnership, or joint venture between the parties. Neither party shall act or describe itself as the agent of the other party, nor shall either party have or represent that it has any authority to make commitments on behalf of the other. In providing payment processing services, we do not act as your agent.
These Terms are governed by and will be construed in accordance with the laws of England and Wales.
The parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any legal actions or proceedings arising out of or in connection with these Terms.