1.1 The Motorfinder Network
Welcome Motorfinder's Terms & Conditions of Use ("Terms & Conditions"). The Terms & Conditions govern your use of www.motorfinder.ie and affiliated sites including the ("The Motorfinder Network"). The Motorfinder Network is an online advertising space which enables potential Buyers to browse listings and purchase items through contacting Sellers and arranging privately-negotiated sales. The Motorfinder Network also enables users to connect with one another to share in their automotive interests.
Motorfinder also operates print advertising in hard copy publications. The Motorfinder Network can be used to place advertisements in these publications. These Terms & Conditions apply to those who use the Motorfinder Network for the purposes of listing an item(s) for sale in our hard copy publications.
In the Terms & Conditions:
- Buyer means any person or entity who uses the Motorfinder Network for the purpose of purchasing an item or items listed for sale on the Motorfinder Network;
- Dealer means a Seller who has advertised or plans to advertise more than six items for sale in any 12 month period or who we believe on reasonable grounds operates a business buying, selling or exchanging motor vehicles;
- Guest means a person or entity who has accessed the Motorfinder Network but has not registered as a member;
- Member means a person or entity who has registered to be issued with a Motorfinder Network account;
- Private Seller means any Seller other than a Dealer. Private sellers can advertise a maximum of 5 vehicles at one time, per website. One vehicle per ad.
- Seller means any person or entity who uses the Motorfinder Network for the purpose of advertising goods or services for sale;
- User includes a Guest, Member, Buyer, Seller and Dealer;
- We or us refers to Motorfinder its servants, agents, employees and assignees; and
- You includes anyone acting on your behalf or with your express or implied authority.
1.3 Agreement to the Motorfinder Network Terms & Conditions
By accessing, using or registering to become a member of the Motorfinder Network you become bound by these Terms & Conditions as amended from time to time. Each time you visit or use the Motorfinder Network you confirm your agreement to be bound by and acknowledge any changes to the Terms & Conditions.
The Terms & Conditions are binding on you from the earlier of your registration date or 4 December 2009.
In addition to the Terms & Conditions, Just Magazines may also publish Policies, which are accessible at www.motorfinder.ie. The content of the Policies as amended from time to time forms part of the Terms & Conditions.
1.4 Additional terms when transacting with us
If we offer services to you, including advertising any item for sale on the Motorfinder Network, these services may be subject to additional terms and conditions. These include our Commercial Advertising Contract Terms & Conditions. In the event of any inconsistency between these Terms & Conditions and the additional terms and conditions, the latter will prevail to the extent of the inconsistency.
1.5 Changes to the Terms & Conditions
We reserve the right to amend the Terms & Conditions from time to time. Amendments to the Terms & Conditions cannot be made orally. Except as otherwise stated in these Terms & Conditions or as otherwise notified to you, all amendments will be automatically effective 30 days from the date of the change.
You undertake to periodically check the Terms & Conditions for changes. We will notify registered members of material changes to the Terms & Conditions via email before or as soon as practicable after the change.
If you do not agree with any change to the Terms & Conditions you must terminate your membership of the Motorfinder Network. If you continue to be a Motorfinder Network user after changes to the Terms & Conditions have become effective, you will be deemed to have accepted the amendment.
If you commit a material breach of the Terms & Conditions, we may suspend, cancel and/or terminate your account and membership. If we suffer any loss or damage or incur any cost in connection with your breach you agree to indemnify us for all such loss and damage.
Access and interference
We will endeavour to ensure minimal service interruptions on the Motorfinder Network and to give members prior warning of any service outages where reasonably practicable. Where, however, there is an unavoidable service interruption or interference, we do not accept any liability for any loss or inconvenience caused as a result.
Membership and accounts
All members of the Motorfinder Network are issued with accounts.
4.1 Membership eligibility
Membership of the Motorfinder Network is only available to, and may only be used by, individuals or entities capable of entering into legally binding contracts under Irish law.
You must be at least 18 years of age to list an item for sale on the Motorfinder Network.
If you are a Seller you must be legally able to sell the item you are listing.
If you are not at least 18 years of age and/or are (or become) incapable of entering into a legally binding contract under Irish law you must not use the Motorfinder Network for the purposes of selling items on the Motorfinder Network.
4.2 Non-transferable membership
Your membership is non-transferable. Your account may not be assigned, transferred, sold, or otherwise dealt with in any way. You cannot allow another person to use your account nor can you transfer or sell your membership to another party without our written consent.
4.3 Account security
In order to maintain the security of your account, you agree that:
- You will ensure that your contact information is at all times correct and up-to-date;
- You will not provide any false personal information to us or create an account for anyone other than yourself without permission;
- You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account;
- We may verify your membership details before issuing you with an account; and
- We reserve the right to deny or revoke your membership on the basis of your country of residence, IP address or email address.
Obligations of Motorfinder Network users
5.1 Members must control their accounts
You undertake to maintain active control of your account. You are responsible for the conduct of your account and agree to notify us of any unauthorised use of your account.
5.2 You must be contactable
You must maintain and regularly check a valid and operative email account through which we can contact you.
5.3 Responsible use of the Motorfinder Network
You warrant that you will not use the Motorfinder Network for any purpose that is unlawful or prohibited by the Terms & Conditions. Without limitation, you must not, without our express consent:
- use Communications Tools (defined below) to advertise your goods or services for sale;
- use Communications Tools (defined below) to post content that is unrelated to the Motorfinder Network or is inappropriate for posting on the Motorfinder Network;
- post a third party's personal information on the Motorfinder Network;
- send or post unauthorised commercial communications to users (such as SPAM);
- access the Motorfinder Network using automated means (such as harvesting bots, robots, spiders, or scrapers);
- upload viruses or other malicious code onto the Motorfinder Network;
- create HTTP links from the Motorfinder Network to any other website on the Internet, or frame or mirror the Motorfinder Network;
- solicit login information or access an account belonging to someone else;
- bully, intimidate, or harass any user;
- develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content;
- use the Motorfinder Network to do anything unlawful, misleading, malicious, or discriminatory;
- facilitate or encourage any violations of the Terms & Conditions (whether by yourself or a third party);
- incorporate any of the content on the Motorfinder Network with any other material, including advertising or promotional material;
- make unauthorised modifications to the content on the Motorfinder Network; or
- use the Motorfinder Network for any activities, or transmit to or via the Motorfinder Network any information or material, which:
- breaches any laws or regulations;
- breaches the Terms & Conditions;
- infringes a third party's rights (including intellectual property and privacy rights) or misuses another person's personal information;
- includes depictions of anti-social behaviour such as unlawful burnouts or other stunts;
- is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any part of the Motorfinder Network;
- is false or misleading;
- is an unsolicited commercial electronic message;
- impersonates another person without permission; or
- identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority.
5.4 ‘Share' function
Where the Motorfinder Network allows you to utilise the ‘Share' function, you warrant that the person with whom the information is being shared consents to receiving the information. Further, if your conduct breaches or may breach the SPAM Act 2003 (Cth) you undertake to indemnify us against all costs associated with the running, settling or defending of any action, claim or demand arising out of or in respect of your breach.
5.5 We may alter or remove posted content
We may alter or remove any content you post on the Motorfinder Network if we consider that it has been posted in breach of your responsible use obligations, or is otherwise inappropriate, offensive, misleading or deceptive, defamatory, unlawful or incorrect.
We may also alter or remove posted content if instructed or required to do so by a third party.
6.1 Your rights and obligations when listing an item for sale
By listing an item for sale via the Motorfinder Network you make the following warranties:
- you are legally able to sell the item(s);
- the item(s) is/are available for sale;
- the item(s) is/are of merchantable quality and fit for purpose;
- the item(s) is/are for sale at the price stated in the listing;
- the item(s) is/are as described in the listing;
- that the listing is not misleading or deceptive in the content it states or omits; and,
- the listing complies with the Terms & Conditions and all relevant laws. If local Irish law requires you to hold a dealer's or similar licence, you warrant that you hold such a licence when you list items for sale as a Dealer on the Motorfinder Network.
We reserve the right to select, edit, augment, condense, determine the duration of, change the nominated "category" of, or refuse your listing. This includes where information is supplied by third parties and in the case of motor vehicles is based on make, model, series and year. If we refuse your listing and you are a Dealer you will not be entitled to a refund of the listing fee. If you are a Private Seller and we refuse your listing we will provide you with a full refund of the listing fee.
You must not include any external links in your listings to any items that are identical to items you have advertised on the Motorfinder Network that are priced lower than the advertised price as stated on the Motorfinder Network.
6.2 Listings containing errors
You agree to take responsibility for reviewing and verifying the content of your listings and checking for any errors. If we make an error in publishing your listing, we undertake to correct the error free of charge but are otherwise not liable for any loss or inconvenience incurred as a result of any error.
6.3 Listings containing images of vehicles
If you are selling a vehicle and wish to include a photograph in your listing, any image that you provide in your listing must be a current photograph of the exact vehicle that you are offering for sale.
6.4 You must complete transactions
When you enter into a transaction with a Buyer you create a legally binding contract with that Buyer (except where the transaction is prohibited by law or by the Terms & Conditions). You must complete any transaction lawfully entered into. You are responsible for ensuring that you comply with your obligations to the Buyer. If you fail to comply with your obligations to the Buyer you may become liable to them.
Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, could render the transaction void or unlawful.
If a Buyer breaches or is alleged to have breached any obligation to you, you (and not us) are responsible for enforcing any rights that you may have against that Buyer on the basis of relevant law and your privately-negotiated contract.
6.5 You must notify us of sales
It is your responsibility to notify us upon the sale of any item in your listing to ensure that your listing is removed from the Motorfinder Network.
6.6 Item presumed sold if listing not accessed for 2 months
If you fail to access your listing for 2 months and do not contact us, we will presume your item has been sold and reserve the right to remove your listing without providing notice to you.
6.7 Private Sellers deemed to be a Dealer
Where you have advertised as a Private Seller but are operating a registered business of buying, selling or exchanging motor vehicles, you are deemed to be a Dealer. In that event, any Private Seller listings you have created will be automatically converted into Dealer listings. We reserve the right to charge you the standard listing fees for effecting the conversion(s).
Additional Dealer obligations
7.1 Your obligations as Dealer
If you are a Dealer, your obligations incorporate the obligations of Private Sellers.
7.2 Price disclosure obligations
You are legally bound to include in your advertisement the purchase price as well as any tax, duty, fee, levy or charge payable by the consumer to you for the supply of the vehicle. However, you are not required to include any tax, duty, fee, levy or charge that is paid directly by the buyer to the relevant authority.
Your obligations as a Buyer are as follows:
- You are responsible for conducting all relevant searches including roadworthiness checks, written off vehicle register searches or register of security interests searches;
- You agree to check with the Seller that all information supplied in relation to their item(s) is accurate; and
- You are responsible for establishing and/or maintaining contact with the Seller as appropriate;
We will not be responsible for the terms of any transaction between you and any Seller; the nature, quality, characteristics or performance any goods purchased by you from a Seller, or; resolving any dispute between you and any Seller. We do not offer any form of insurance or other Buyer or Seller protection which will assist you, because the Motorfinder Network merely provides an online forum for users to offer, sell, and buy. We are not otherwise involved in transactions and interactions between Buyers and Sellers.
8.1 You must complete transactions
When you enter into a transaction with a Seller you create a legally binding contract with that Seller (except where the transaction is prohibited by law or by the Terms & Conditions). You must complete any transaction lawfully entered into. You are responsible for ensuring that you comply with your obligations to the Seller as agreed between you and the Seller and as imposed by law. If you fail to comply with your obligations to the Seller you may become liable to them.
Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
If a Seller breaches or is alleged to have breached any obligation to you, you (not us) are responsible for enforcing any rights that you may have on the basis of your privately-negotiated contract and any relevant law.
Through the Motorfinder Network, we may provide you with the ability to communicate with us, with other users of the Motorfinder Network, and with advertisers. We may enable you to communicate through facilities including but not limited to online forums, direct message, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums and other forms of electronic messaging ("Communications Tools"). These Communications Tools include the "follow", "alert" and "projects" functionalities. You acknowledge that Communications Tools may be public communications. You also acknowledge that Communications Tools may not be reviewed, screened, or approved by us.
You must not use the Communications Tools:
- for any unlawful purpose;
- as an alternative to listing your item(s) for sale on the Motorfinder Network;
- to communicate information which you are aware is inaccurate, misleading, deceptive, defamatory, infringing, obscene, indecent or unlawful;
- to post, transmit, send or upload files which contain content that breaches a third party's intellectual property or privacy rights;
- for the purposes of transmitting viruses, corrupted files, or corrupted software or applications that could cause damage to another's hardware;
- to insert, edit or delete any attributions, legal notices or proprietary designations (such as the ‘TM' designation) or other labels;
- to conduct surveys or competitions; other than as approved by us
- to disseminate chain mail other than as approved by us; or
- for the purposes of downloading any content posted by another User that you know, or reasonably ought to know, is unlawful or otherwise contrary to the Terms & Conditions.
We reserve the right to review your use of the Communications Tools and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Tools, at our discretion.
Suspension, cancellation and termination of accounts
Without limiting other remedies available to us at law, in equity or under the Terms & Conditions, we may, without notice to you and in our sole discretion (which shall be exercised reasonably in the circumstances) delay listing your item or publishing content posted by you, issue you a warning, restrict your activities through the Motorfinder Network, suspend or terminate your membership and refuse to provide you with access to the Motorfinder Network to you if:
- You have, or we believe you have, breached the Terms & Conditions;
- We are unable to verify or authenticate information supplied by you;
- We believe that your actions may cause loss or damage to or otherwise unlawfully harm you, other users, third parties, or us; or
- We believe that any of your information (including items listed or content posted on the Motorfinder Network) is inappropriate or offensive.
In the event that we restrict your activities on the Motorfinder Network or suspend, terminate or restrict your membership, you may not be able to access the Motorfinder Network temporarily or permanently and you are prohibited from applying for a new account.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other users with the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
Fees and payments
11.1 Your obligations
You are responsible for paying all fees associated with using the Motorfinder Network and all applicable taxes (including any VAT, which will be added to amounts billed to you where applicable) in accordance with our Schedule of Fees.
11.2 Fees associated with use of the Motorfinder Network
There is no charge for becoming a registered member of the Motorfinder Network.
Listing an item or items for sale on the Motorfinder Network is completely free for public use.
We invite dealers to fill out and submit our online application form along with desired package.
11.3 Opportunity to review
When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services. You must not proceed unless you are willing and able to provide the listing fees.
12.1 Your duty to understand Terms & Conditions and relevant law
In addition to the Terms & Conditions, you must familiarise yourself with, and comply with domestic laws (including common law), statutes and regulations regarding your use of our services including listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list, and the information you provide or post do not violate local law.
You alone, and not us, are responsible for ensuring that your listing, selling, advertising and any other activities conducted on the Motorfinder Network are lawful. You must ensure that you comply with all applicable laws in Ireland and in the laws of any jurisdiction in reliance of which users may rely.
Dispute resolution and correspondence
13.1 Disputes with other users
We have no control over, nor any legal obligation to become involved in, any dispute between you and another user. We encourage you to try and resolve disputes with other users by taking the following steps:
1 Contact the other user directly (via Motorfinder Network's integrated email facility, telephone, post or fax) to notify them of your concern(s) and to advise them of your desired result;
2 If a response is forthcoming, obtain the commitment of the other user to resolving the dispute in a satisfactory manner;
3 If such resolution is impossible or unsatisfactory, contact Consumer Affairs Victoria or an equivalent dispute resolution advisory service.
13.2 Disputes with us and correspondence
We invite you to telephone us with any concerns related to your use of the Motorfinder Network or any other customer service issues.
Formal disputes must be initiated by way of a document sent by registered post to the following address: Motorfinder Network Dispute Resolution Officer
Any controversy or claim arising out of, or in connection with, the Terms & Conditions between you and us will be settled by independent, confidential mediation at the Irish Commercial Disputes Centre, at either party's election. We, and you, agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute.
Disclaimers and limitation of liability
14.1 We are not an auctioneer, vendor or agent
We are not an auctioneer and are not involved in any transactions between Sellers and Buyers. We are a forum for connecting Buyers with Sellers, hosting communications, publishing information relevant to the Motorfinder Network, and publishing content about items advertised for sale. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the Motorfinder Network, the accuracy or truth of any listings on the Motorfinder Network or the ability of Sellers and Buyers to actually enforce or complete a transaction.
We are not a vendor of goods listed for sale on the Motorfinder Network. The Motorfinder Network acts as an online forum to facilitate communication and transactions between Users.
No agency, partnership, joint venture, employment, franchise or other similar relationship is intended to be or is created by the Terms & Conditions. You have no authority to bind us in any way whatsoever.
14.2 No warranty as to the content of listings
We take all reasonable care in publishing Sellers' listings. However, the information is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.
14.3 No warranty as to nature or quality of goods or services advertised
We accept listings in good faith on the basis of warranties provided by each Seller. We do not warrant or represent that the products advertised in listings will be suitable for any particular purpose, or that a Seller has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the Motorfinder Network. It is your responsibility to verify any information on the Motorfinder Network before relying on it.
You accept that we are not involved in any transaction between a Buyer and Seller on the Motorfinder Network. You agree that we have no control over the quality, safety or legality of items or content posted by users of the Motorfinder Network, the truth or accuracy of listings, the ability of Sellers to sell items or the ability of Buyers to buy items. We cannot ensure and do not guarantee that a User will actually complete a transaction or act lawfully in using the Motorfinder Network.
14.4 No warranty as to the identity or capacity of other users
Please note that there are risks in using the Motorfinder Network, including dealing with under age persons or people acting under false pretense. Additionally, there may be risks with international trading and dealing with foreign nationals. We cannot and do not confirm each user's purported identity. It is your responsibility to verify the identity and legal capacity of persons with whom you transact. You may wish to consider using a third party escrow service or services that provide additional verification when transacting with a Buyer or Seller.
14.5 Limitation of liability
We are not involved in the actual transaction between Buyers and Sellers and to the extent permitted by law, we specifically disclaim ALL liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and every nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
We accept no liability in respect of:
- claims arising out of or in connection with your access and use of the Motorfinder Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
- loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage; or
- your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings of whatever nature with a Buyer or a Seller in any way arising out of or in any way connected with your transaction.
We will only be liable to you:
- where the law implies a term into these Terms & Conditions which cannot be excluded and we breach that term. Provided that, where the breach relates or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so our liability is limited to re-supplying the relevant services; or
- if the claim arises from or in connection with any deliberate breach of these Terms & Conditions or fraud by us.
15 Communications to you
We may send you communications and notices regarding your transactions and your account on the Motorfinder Network. These communications and notices do not constitute an endorsement, guarantee or legitimisation of your transaction. It is your responsibility to exercise caution and common sense and practise safe trading when using the Motorfinder Network. 16 Other websites
The Motorfinder Network may contain links to other websites which are not maintained or controlled by us ("third party site"). These links are provided by us solely for your convenience. We make no representations or warranties whatsoever about third party sites. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to a third party site, you leave the Motorfinder Network and do so entirely at your own risk.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms & Conditions or your violation of any law or the rights of a third party.
Material entered onto the Motorfinder Network by us is © Motorfinder Limited. All rights reserved. Unless otherwise indicated on the Motorfinder Network, the material on the Motorfinder Network is owned by or licensed to Motorfinder Limited and is subject to copyright ("the Copyright Material"). You may:
- only copy, download, print or reproduce the Copyright Material for the purpose of browsing the Motorfinder Network or for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
- not alter or modify the Copyright Material or remove any legal notice associated with it.
18.2 Trade marks
Motorfinder.ie and other names of Motorfinder Ltd's products and/or services are our trademarks or registered trademarks. Other product and company names mentioned on the Motorfinder Network may be the trademarks of their respective owners.
In consideration of us allowing you to access and use the Motorfinder Network you grant us a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Tools and to sub-licence the same for such purposes as we determine from time to time.
The Motorfinder Network is bound by the Data Protection Act 2018 (GDPR).
Personal information held by us about you may include your name, address, email address, account password, and contact telephone number. We only collect personal information about you directly from you and from publicly available sources of information such as telephone directories.
You may be required to enter your credit card or other financial details when using the Motorfinder Network for the purposes of processing payment. However, we are never able to access these details, as they are encrypted and sent directly to our banking service provider. We do not collect, hold, store, or have any ability to access, your credit card or other financial details.
If you decline to provide certain personal information (such as your name and email address) you may not be able to register as a member of the Motorfinder Network and will have limited access and usage rights.
When you visit the Motorfinder Network or use the features available via the Motorfinder Network, we may record anonymous information such as your IP address, time and date of visit, referring URL, pages accessed, documents or files downloaded, or the type of browser and/or operating system you used to access the Motorfinder Network.
Where the Motorfinder Network includes links to third party sites, those sites may have different privacy policies. We recommend that you read the privacy policies of third party sites before you disclose any personal information.
Your personal information may be used to verify your identity, assist you to become a member of the Motorfinder Network, provide you with services including those provided by third parties, enable us to contact you in relation to services purchased by you and bill you for services you have purchased.
We do not and will not disclose your personal information to any third parties unless disclosure is permitted by you or these Terms and Conditions, required or authorised by law, or necessary to enable us to obtain relevant professional (legal or financial) advice.
You have a right to access and change your personal information, subject to law. We may request you to submit a written request to change your personal information.
The Terms & Conditions are governed by and are to be interpreted in accordance with the laws of the Republic of Ireland.
All rights not expressly granted by us in the Terms & Conditions are hereby reserved.