TERMS OF USE
1. IMPORTANT LEGAL NOTICE
Please read these Terms of Use carefully before using the Site (as defined below) as they set out the terms of a legally binding agreement between you, the user of the Site, and us, MotoNovo Finance Limited. By using or registering with the Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to use or register with the Site.
To the extent that you are accessing the Site on behalf of an organisation (whether as an employee, consultant, worker, director, adviser or otherwise) you confirm that you have the necessary permission(s) to access the Site on such organisation's behalf and that you have the authority to bind your organisation to these Terms of Use. If you do not have such authority, you are not permitted to use or register with the Site. You and your organisation will be jointly and severally liable for any breach by you of these Terms of Use.
2. DEFINITIONS
In these Terms of Use, the following definitions apply:
"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;
"Terms of Use" means these Terms of Use as may be updated by us 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. DISCLAIMERS
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;
iii) reproduce, distribute, transmit or publish (including as part of any library, archive or similar service) any part of the Site, the Tools or any Site Content or in any way commercially exploit, modify or create derivative works from the same other than as expressly permitted under these Terms of Use;
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
7.1 You acknowledge that all IP in the Site, the Tools and the Site Content belong to us (or our licensors). Such rights are protected by copyright laws and treaties around the world. All such rights are reserved. You further acknowledge that rights in the Site, the Tools and the Site Content are licensed (not sold) to you, and that you have no rights in, or to, the Site, the Tools or the Site Content other than the right to access the same in accordance with these Terms of Use.
7.2 We grant to you a non-exclusive, non-transferable, royalty-free licence to copy the code generated using the Tools and paste such code onto your website, for your lawful use only and subject to the restrictions set out in these Terms of Use. You are not permitted to modify, publish, transmit, “link-to”, participate in the transfer or sale, create derivative works, or in any way exploit such reports, in whole or in part (whether or not for financial gain) except as provided in these Terms of Use.
8. INDEMNITY
You, and your organisation (as the case may be), will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any of these Terms of Use, or arising out of any claim that you have breached any of these Terms of Use.
9. SUSPENSION AND TERMINATION
9.1 If you breach these Terms of Use and/or your Dealer or Broker Agreement with us, we reserve the right to suspend your Account until such breach has been remedied. Where such breach is incapable of remedy (determined by us, at our sole discretion, acting reasonably) or your business relationship with us ceases we reserve the right to permanently disable your Account and terminate your access, without further liability to you.
9.2 On termination for any reason, all licences granted to you under these Terms of Use will immediately terminate and you must immediately cease accessing your Account and using the Site, the Tools and the Site Content. You must also irretrievably delete or destroy (at our request) any Site Content you may have downloaded, copied or otherwise reproduced.
10. LIMITATION OF OUR LIABILITY
10.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
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.
10.3 Subject to the above conditions, our maximum aggregate liability under or in connection with these Terms of Use, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1,000.
11. VIRUSES
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. CHANGES
12.1 We may update the Site and/or make changes to the Site Content and/or Tools from time to time.
12.2 We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.
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;
b) our Privacy Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us;
c) our Cookie Policy, which sets out information about the cookies on the Site; and
d) any additional login and registration requirements we impose on you.
13.2 By agreeing to these Terms of Use, you agree that you have read, understood and agree to the terms of our Privacy Policy, Cookie Policy and additional login and registration requirements.
14. GENERAL
14.1 If any part of these Terms of Use is deemed to be unlawful, void or for any reason unenforceable by any Court having competent jurisdiction then that provision shall be deemed altered so as to be enforceable, or (if not capable of being so altered) severable from these Terms of Use and the validity of the remaining provisions will be unaffected.
14.2 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use as such rights are personal to you.
14.3 If we do not exercise any right or remedy under these Terms of Use, this will not mean that such right or remedy has been waived.
14.4 These Terms of Use contain our entire agreement and understanding with you in relation to your use of the Site and you agree that you do not rely on any statement, warranty or representation that is not expressly included.
14.5 Your use of the Site and these Terms of Use shall be governed and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).
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.