"Account" means each Registered User’s account for access to the Site;
“Applicable Laws” means any law, legislation, instrument, rule, order, regulation, code, standard, directive, bye-law, guidance, requirements, or decision of any Regulator which concerns or may affect the Dealer's obligations under this Agreement as the same may be amended or varied from time to time including, without limitation, the CCA, FSMA, the FCA Handbook, Money Laundering Regulations, anti-bribery laws, any financial crime guidance issued by any Regulator
“CCA” means the Consumer Credit Act 1974 and all regulations or secondary legislation made under it as amended or re-enacted from time to time;
"Competitor" means any of our competitors including (but not limited to) any person or body which provides (or intends to provide) similar services to those provided by us. For the purposes of this definition “similar services” shall include (but not be limited to) providing motor finance, market research, analysis, or comparative tools which relate to financial products and services (or any other markets or subjects our Site may deal with) and any services of any type which could reasonably considered to compete with the services we provide;
“CONC” means the Financial Conduct Authority Consumer Credit Sourcebook as amended or re-enacted from time to time;
"FCA" means the Financial Conduct Authority or such continuing authority as carries out its functions;
“FCA Handbook” means the Handbook issued by the FCA as amended or re-enacted from time to time, including but not limited to CONC;
“FSMA” means the Financial Services and Markets Act 2000 and all regulations or secondary legislation made under it, including without limitation, the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 as amended or re-enacted from time to time;
"IP" means patents, copyright and related rights, trade marks, business names and domain names, goodwill and the right to sue for passing off, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and all present and future similar or equivalent rights or forms of protection in any part of the world;
“Money Laundering Regulations” means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and/or such other lawful requirement as may from time to time be made in respect of money laundering;
"Registered User" means each individual who has been allocated an Account with the Site;
“Regulator” means the FCA, the Competition and Markets Authority; trading standards, Advertising Standards Agency, the Information Commissioners Office and/or such other governmental, regulatory or self-regulatory bodies which, whether under statute, rules, regulations, codes of practice or otherwise, regulates, supervises or adjudicates either of the parties activities;
"Site" means the site or any part of the site currently hosted at https://mnfsuite.com and any successor or other site operated by us from time to time and, where the context requires, includes any Site Content and/or Tools made available on the Site;
"Site Content" means any and all content, data and information contained or otherwise published on the Site or made available, or generated by, the Tools;
"Tools" means the tools, features, functionality, products and services made available on the Site from time to time;
"we", "us", "our" means MotoNovo Finance Limited (company number: 11556144) whose registered office is at One, Central Square, Cardiff, Wales, United Kingdom, CF10 1FS; and
"You", "your" means any person who uses the Site, where as a Registered User or otherwise.
3.1 WE MAKE NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, INTEGRITY AND/OR COMPLETENESS OF THE INFORMATION MADE AVAILABLE ON THE SITE, AND WE WILL HAVE NO LIABILITY FOR ANY RELIANCE YOU PLACE ON ANY SUCH INFORMATION DISPLAYED ON THE SITE.
3.2 NO INFORMATION ON THE SITE IS INTENDED TO CONSTITUTE EXPERT OPINION, FINANCIAL ADVICE, OR ADVICE CONCERNING FINANCIAL PROMOTIONS, OR LEGAL ADVICE AND SHOULD NOT BE RELIED ON AS SUCH.
3.3 AS YOU ARE REGISTERED BY THE FCA, IT IS YOUR OBLIGATION TO ENSURE THAT ANY SITE CONTENT AND/OR TOOLS MADE AVAILABLE TO YOU ON THE SITE, ARE COMPLIANT WITH APPLICABLE LAWS PRIOR TO USE. WE WILL HAVE NO LIABILITY IN RESPECT OF ANY WEBSITE (INCLUDING ANY CONTENT DISPLAYED ON SUCH WEBSITES) OWNED OR OPERATED BY YOU, AND/OR FOR ANY ERRORS OR OMISSIONS IN RESPECT OF THE SITE CONTENT, NOR FOR ANY RELIANCE YOU PLACE ON THE SITE CONTENT AND/OR THE TOOLS.
3.4 THE SITE IS ONLY INTENDED FOR ACCESS BY INDIVIDUALS EMPLOYED BY OUR DEALERSHIP OR BROKER NETWORK IN THEIR PROFESSIONAL CAPACITY AND IS NOT FOR CONSUMER ACCESS.
3.5 WHILST WE ENDEAVOUR TO ENSURE THAT THE SITE IS NORMALLY AVAILABLE 24 HOURS A DAY, WE DO NOT MAKE ANY COMMITMENT THAT THE SITE, OR ANY OF THE SITE CONTENT, WILL ALWAYS BE AVAILABLE AND WE WILL NOT BE LIABLE IF FOR ANY REASON THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FURTHERMORE WE DO NOT GUARANTEE, WARRANT OR REPRESENT THAT THE SITE WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE.
4. REGISTRATION AND AUTHORISED USERS
4.1 You will not be able to access the Site (other than the homepage and certain other publicly available pages) without becoming a Registered User. You can register for an Account if you satisfy the registration criteria set out below. You must ensure that all information submitted to us on registration for an Account is complete and accurate.
4.2 By registering for an Account you confirm that you are not employed or retained by, or associated with, and your use of the Site is not for the benefit of, any Competitors; and that your organisation is FCA registered.
4.3 You must immediately notify us if any of the information provided to us on registration changes.
5. YOUR ACCOUNT AND ACCESS
5.1 In order to access your Account you will be provided with a password (and other pieces of information as part of the Site’s security procedures). You must treat all such information as confidential and not disclose it to any third party, nor allow any third party to access the Site using your Account details.
5.2 You (and, where applicable, your organisation) are responsible for any activities carried out via your Account. If you know or suspect that anyone other than you knows your password, you must immediately notify us.
5.3 You are responsible for making all arrangements necessary for you to have access to the Site.
6. PROHIBITED USE
6.1 Throughout your use of the Site, you must comply with all Applicable Laws, and must ensure that anything you do in relation to the Site (including any Site Content) does not infringe the rights of any other person.
6.2 You must not either solely or jointly with or on behalf of any other third party directly or indirectly:
i) access or attempt to access any restricted Tools (and you will immediately notify us if your Account has mistakenly been granted such access);
ii) use your Account, the Site, the Tools or any Site Content for any purposes which compete with, or could harm, our business;
iv) attempt to decompile, reverse engineer, disassemble or hack the Site (or any part of it) or any algorithms or software that forms part of the Site;
v) access the Site in order to build a product or service which competes with the Site;
vi) create a database in electronic or structured manual form by downloading and storing all or any of the Site Content for any purpose whatsoever;
vii) robotically or otherwise automatically harvest, scrape, extract, copy, access or collect any information or data from the Site, the Tools or any Site Content;
viii) introduce any data that contains viruses, bugs, corrupted files, trojan horses, worms or any other software or programs that may in any way cause damage or harm to the Site, the Tools or any Site Content; or
ix) damage, interfere with or disrupt access to the Site, the Tools or any Site Content or do anything which may interrupt or impair the Site's or the Tool’s functionality.
7. IP OWNERSHIP AND LICENCE
9. SUSPENSION AND TERMINATION
10. LIMITATION OF OUR LIABILITY
10.2 We will not be liable 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, the Site, the Tools and/or the Site Content. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
11.1 We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
11.2 If any of your use of or interaction with the Site or its servers would commit a criminal offence under the Computer Misuse Act 1990, we will report it to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
12.1 We may update the Site and/or make changes to the Site Content and/or Tools from time to time.
13. OTHER APPLICABLE TERMS
13.1 The following additional terms also apply to your use of the Site:
a) our Dealer or Broker Agreement with you;
d) any additional login and registration requirements we impose on you.
15. CONTACT US
The Tools use our proprietary software and algorithms and, as such, we rely on our users to inform us if they notice any errors appearing in the data they produce. If you notice any errors with the Tools, please contact us.