YESAUTO
GENERAL TERMS AND CONDITIONS FOR CONSUMERS

The General Terms and Conditions are valid from August 31, 2020.

The following General Terms and Conditions (hereinafter referred to as "GTC-C") apply to consumers using the services provided and operated by FETCHAUTO LIMITED, a company registered in England and Wales under company number 12250311 with its registered office at 1 (Office 6050), Fore Street Avenue, Barbican, London EC2Y 9DT and VAT number 348 1848 71 (hereinafter referred to as "Yesauto").

The GTC-C govern the use of Yesauto’s website www.yesauto.com and mobile applications made available in the United Kingdom (hereinafter referred to as "Yesauto Service") by Consumers (as defined in § 1(1)). By accessing or using the Yesauto Service or otherwise indicating your consent, Consumers agree to be bound by the GTC-C. If as a Consumer you do not agree with or accept any of the provisions of the GTC-C, you should stop accessing or using the Yesauto Service immediately.

You can contact Yesauto by:

a) emailing support.uk@yesauto.com; or

b) writing to us at 1 (Office 6050), Fore Street Avenue, Barbican, London EC2Y 9DT.

Yesauto is an appointed representative of Financial Compliance Limited which is authorised and regulated by the Financial Conduct Authority.

§ 1

General

(1) The Yesauto Service provides legal entities and individuals acting in their commercial capacities (hereinafter referred to as "Dealers") with an online advertising space for the sale of motor vehicles. Yesauto also provides individuals acting in their personal capacity (referred to in these GTC-C as "Consumers" or “you” or “your”; Consumers and Dealers collectively referred to as "Users") with a search function through which Consumers can sort and search for motor vehicles and certain other functions including but not limited to those set out in § 2 (hereinafter referred to as "The Platform"). Certain functions and additional services may not be available through all Yesauto Service outlets or may require the creation of an Yesauto user account.

(2) The GTC-C apply exclusively to the relationship between Yesauto and the Consumers using the Yesauto Service. For the relationship between Yesauto and Dealers, only the General Terms and Conditions for Dealers ("GTC-D") shall apply https://drive.google.com/file/d/1SwGON9Iuz9tLozzBRj5lF5bDlwH5Vig5/view?usp=sharing.

(3) Yesauto processes personal data of Users when providing its services. Information on how personal data is processed in the context of these GTC-C is available in Yesauto’s privacy policies https://www.yesauto.co.uk/privacy.

(4) Yesauto merely provides the technical means (in the form of databases or The Platform) through which information is conveyed on the Yesauto Service. Yesauto does not provide and is not responsible for content provided by Users. In particular, Yesauto is not itself offering the motor vehicles for sale.

(5) Yesauto is not involved in the relationship between Dealer and Consumer, neither as a party nor as a representative of any party. Contracts concluded as a result of the placement of advertising on the Yesauto Service shall be concluded and executed without any participation of Yesauto and, accordingly, Yesauto assumes no responsibility arising out of or in connection with such contracts.

(6) Where a Consumer makes use of the Finance Calculator (as defined in § 2(4)),Yesauto is not involved in the relationship between: (i) the Consumer and iVendi, the data provider of the Finance Calculator; or (ii) if the Consumer applies for a loan using the Finance Calculator, the Consumer and the loan provider. Contracts concluded as a result of the Finance Calculator shall be concluded and executed without any participation of Yesauto and, accordingly, Yesauto assumes no responsibility arising out of or in connection with such contracts.

(7) Yesauto seeks to make the Yesauto Service as accessible as possible. If you have any difficulties using it, please contact Yesauto using the contact details set out at the start of these GTC-C.

§ 2

Scope of Services

(1) The website and mobile applications made available as part of the Yesauto Service are intended for use by Consumers residing in the United Kingdom. Yesauto does not represent that content available on or through the Yesauto Service is appropriate for use or available in other locations.

(2) The Platform provides Consumers with several functions, including but not limited to:

a) a configurator tool which allows Consumers to configure a motor vehicle model to personal specifications and displays an estimated price for the configured vehicle;

b) a comparison tool which allows Consumers to compare the specifications and photos of up to four vehicles at a time;

c) a research function which allows Consumers to search information on specific motor vehicle models including specifications, ratings, reviews written by Consumers, professional reviews, videos, related news and articles;

d) a search function which allows Consumers to search for specific vehicles for sale within dealerships in their local area; and

e) a notification function which allows Customers to be informed of any new deals made available on The Platform and meeting Customer-defined criteria;

f) a contact function which allows Consumers to request a vehicle price quotation or to directly contact Dealers with queries.

g) a chat function allowing Consumers to send messages directly to and receive messages from Dealers.

(3) Yesauto also provides an online platform for Dealers that acts as a marketplace ("Dealer Site") on which Dealers can upload information and photos about motor vehicles they are selling (hereinafter referred to as "Car Information"). The Dealer Site allows Dealers to provide their relevant business information, such as telephone number, geographic location as well as new and used vehicles they are selling. Consumers can leave their contact details (name, telephone number and e-mail address) and wait for the Dealer to contact them or contact the Dealer themselves directly.
The Dealer Site also features a call function, through which Consumers can place calls to Dealers (the "Call Function"). Please note that the Call Function does not provide a means for the Consumer to contact Yesauto, as all calls placed through the Call Function will be routed to Dealers. If you place a call using the Call Function it will be recorded. Further information about recording of calls placed through the Call Function can be found in Yesauto’s privacy policies.

(4) The Yesauto Service includes a comparative tool which displays information from a range of third party loan providers to allow Consumers to determine the cost of, and apply for a loan for the purpose of, purchasing a vehicle (the "Finance Calculator"). The information displayed on the Finance Calculator is provided by: (i) Dealers; (ii) third party loan brokers; and/or (ii) third party loan providers. Yesauto accepts no liability for any content, material or information displayed on the Finance Calculator. The Finance Calculator may redirect the Consumer to services provided by Zuto Limited (the "Zuto Service"). In the event that a Consumer successfully applies for a loan and enters into a loan agreement through the Zuto Service, Yesauto will receive a commission.

(5) Within The Platform, Yesauto will also display personal recommendations based on the assessment of Consumer interests and behaviour. For this purpose, Yesauto will collect, evaluate and process data received from Consumers using the Yesauto Service.

(6) Yesauto also provides the possibility for Consumers to upload photos and to post reviews of the individual motor vehicle models (such photos, reviews and any other data or content generated or submitted by you for display on The Platform hereinafter referred to as “Consumer Content”).

(7) Furthermore, Yesauto operates and provides an "Industry News & Information" page, similar to a news feed. This includes original content produced by Yesauto or Users as well as industry news and links to articles, reviews and other information gathered from various websites.

(8) Display and scope of services may differ between the Yesauto website and mobile applications.

(9) Enabling Consumers to contact a Dealer or transmitting Consumer Content to the Dealer does not constitute a binding offer to conclude a contract by Yesauto or the respective Consumer. Neither Consumers nor Dealers are obliged to sell or purchase the motor vehicle at the price displayed on the Yesauto Service. Negotiations about the scope and the conclusion of a contract are conducted directly between the Consumer and the Dealer. § 1 (4) and (5) of these GTC-C shall apply in these circumstances.

(10) Yesauto verifies the information provided by the Consumer using the contact function (e.g. Yesauto will verify if the telephone number is complete). If the information provided is obviously implausible or incorrect, Yesauto will delete the information provided by the Consumer immediately. A contact to the Dealer will not be established in this case.

(11) Yesauto cannot and does not guarantee that the Yesauto Service, or any Content (as defined in § 10(1)) on it, will always be available, uninterrupted or error-free. Yesauto reserves the right to temporarily suspend, withdraw or restrict:

a) all or any part of the Yesauto Service; and

b) the possibilities of placing, retrieving and reviewing displayed information on the Yesauto Service,

if this is necessary due to capacity limits, for purposes of server safety or integrity or in order to implement technical measures and solely if this serves to provide for a due, proper, or improved performance of the services, such as maintenance work.

(12) Consumers are entitled to use the Yesauto Service and its functions only to the extent defined by these GTC-C.

§ 3

Registration/User Account

(1) (1) Consumers can register to create a personal user account. Creating an account allows the Consumer to save certain contents, e.g. reviews, articles, car configurations (such as search and filter settings) for future use and use the contact function as well as chat function. In their personal account they can access, browse, edit and delete their personal information as well as their historical behaviour and their stored contents (reviews, photos, personal preferences etc.).

(2) The registration is free of charge. To register, the Consumer is required to agree to these GTC-C and conclude a contract with Yesauto on the use of the Yesauto Service (hereinafter referred to as "User Agreement"). Only Consumers capable of entering into legal transactions without limitations may register. In particular, individuals under the age of 18 are prohibited from registering.

(3) If you register to create a personal user account, you must provide complete and accurate registration information. During registration, you must enter a valid e-mail address and choose a personal password. You agree that you will keep your personal password secret and not disclose it to any third party. In case the information provided during registration changes at a later date, you agree that you will promptly update this information in your user account.

(4) During registration, Consumers will receive an e-mail to verify the information they provided.

§ 4

Consumer’s Use of the Yesauto Service

(1) You may only use the Yesauto Service for lawful purposes. You may not access or use the Yesauto Service (or any Content (as defined in § 10(1)) on it):

a) in violation of any applicable law;

b) in a manner that is deceiving or fraudulent, or has any deceiving or fraudulent purpose or effect;

c) to harm or attempt to harm any other person in any way;

d) to contact a Dealer other than in connection with a genuine enquiry relating to the purchase of the motor vehicle in question;

e) to access or interfere with another Consumer’s user account or information, impersonate another person, or create or use a false identity or contact details;

f) to transmit, or procure the sending of, any unsolicited or unauthorised communications, including of advertising or promotional material (spam);

g) to knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause the Yesauto Service to become unavailable for use by others (including via any form of denial-of-service attack);

h) to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of the Yesauto Service or any computer systems, equipment, software or networks on or through which the Yesauto Service is stored or operated;

i) to modify, adapt, decompile, disassemble, reverse engineer or create derivative works of the Yesauto Service or any of the software comprised in or in any way making up a part of the Yesauto Service;

j) to scrape, reproduce, duplicate, copy, modify, rent, sell, lease, sub-licence, distribute, assign, or otherwise transfer or encumber rights to any element comprised in the Yesauto Service, including any of the software comprised in or in any way making up a part of the Yesauto Service;

k) for the purpose of building a competitive product or service of the Yesauto Service or any proprietary or third party software making up the Yesauto Service, or copying its features or user interface;

l) to remove, alter, or obscure any copyright, trade mark or other proprietary notices appearing in or on the Yesauto Service;

m) to upload any Consumer Content that is not owned by or licencsed to you for such use or that otherwise infringes the rights of any third party; or

n) in any way that is not authorised by Yesauto or is detrimental to it or its third party service providers.

(2) You are fully responsible for your Consumer Content and that Consumer Content, any other communication to Users, must be:

a) your own original work (respectively you hold the required rights) and lawfully submitted;

b) factually accurate or your own genuinely held belief;

c) provided with the necessary consent of any third party;

d) not defamatory or likely to give rise to an allegation of defamation;

e) not offensive, obscene, sexually explicit, discriminatory or deceptive; and

f) unlikely to cause offence, embarrassment or annoyance to others.

(3) You must not link to any page of the website made available as part of the Yesauto Service.

§ 5

Suspension

(1) Yesauto may take, in individual cases, the following measures on sufficient grounds that a Consumer has violated statutory provisions, the rights of third parties or these GTC-C:

a) issue warnings to Consumers;

b) limit or restrict the use of the Yesauto Service; and/or

c) block Consumers for a limited period of time.

(2) In selecting the measure, Yesauto will take into consideration whether there are indications that the Consumer is not responsible for the violation.

(3) Yesauto may finally and conclusively suspend a Consumer from using the Yesauto Service if the Consumer has repeatedly or seriously violated these GTC-C or for any other comparable important reason. Any User Agreement between you and Yesauto will terminate immediately on the date that you are finally and conclusively suspended.

(4) If you are blocked or suspended, you may no longer use the Yesauto Service and are not allowed to create a new user account.

(5) In the event that any of your Consumer Content breaches any statutory provisions or the provisions of these GTC-C, or violates the rights of any third parties without prior notice, then without limit to any other rights or remedies available to Yesauto under these GTC-C or at law, Yesauto may:

a) delete or edit your Consumer Content;

b) disclose your Consumer Content to law enforcement authorities; and/or

c) take any other action that Yesauto considers necessary to remedy the breach.

§ 6

Term and termination

(1) If you register to create a personal user account and enter into a User Agreement with Yesauto, the User Agreement will continue in effect for an indefinite term unless it is terminated by you or by Yesauto in accordance with these GTC-C.

(2) Consumers may terminate the User Agreement at any time. To do so, Consumers can delete their user account at any time by contacting Yesauto using the contact details set out at the start of these GTC-C.

(3) Without limit to any other rights or remedies available to Yesauto under these GTC-C or at law, Yesauto reserves the right to terminate the User Agreement with immediate effect pursuant to § 5(3) if you repeatedly or seriously violated these GTC-C or for any other comparable important reason, or if you breach applicable law. In all other circumstances, Yesauto may terminate the User Agreement at any time with a cancellation period of 14 days.

§ 7

No Warranty

(1) The Dealer shall be exclusively responsible for the contents of the Car Information. Yesauto will not review the Car Information provided by Dealers for correctness, legitimacy or completeness. As the Car Information is provided by the Dealer, it is subject to change. Yesauto makes no representations, warranties or guarantees, whether express or implied:

a) that the Car Information or any prices displayed on The Platform is correct, complete or up to date, or that it complies with statutory provisions;

b) as to the ownership, quality, authenticity, likeness of any photos with respect to the motor vehicle advertised or fitness for purpose of any motor vehicle advertised on the Yesauto Service; and

c) that any Dealer can supply the output of the configurator tool (as further described in § § 2(2)(a))on The Platform.

Please visit the Dealer's website or contact the Dealer directly in order to verify whether the Car Information is accurate and up to date.

(2) The Content (as defined in § 10(1)) on the Yesauto Service is only for information purposes. It does not constitute advice and you should not rely on any Content to make (or refrain from making) any decision or take (or refrain from taking) any action.

(3) Yesauto excludes any and all warranties and liabilities arising from the fact that contracts initiated or concluded on the basis of Car Information placed on the Yesauto Service may be legally unenforceable or may in any other way result in legal or economic disadvantages for you or Yesauto.

(4) The Yesauto Service may contain other material submitted by Users or other third parties. Yesauto shall not be responsible or liable for, and makes no representations, warranties or guarantees, whether express or implied, as to, the correctness, legitimacy or completeness of any material submitted by Users or other third parties that is displayed on the Yesauto Service, including any Consumer Content, or any declarations made by Users or in respect of the identity or integrity of Users. The views expressed by Users and other third parties on the Yesauto Service does not represent Yesauto’s views or values.

§ 8

Hyperlinks and third party sites

The Platform may contain hyperlinks or references to third party websites and/or services other than the website made available as part of the Yesauto Service. Any such hyperlinks or references are provided for your convenience only. You are responsible for deciding to access a third party website and/or service and your use of third party websites and/or services will be governed by the terms of that third party website and/or service.Yesauto has no control over third party websites and accepts no legal responsibility for any content, material or information contained in them.

§ 9

Liability

(1) Yesauto does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Yesauto’s negligence or the negligence of Yesauto’s employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.

(2) Except for any liability that Yesauto cannot exclude or limit by law (as explained in § 9(1)), Yesauto will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:

a) use of, or inability to use, or unavailability of, the Yesauto Service (or any part of it) or websites linked to it;

b) use of or reliance on any Content (as defined in § 10(1)) on the Yesauto Service; or

c) any inaccuracy or incompleteness of any information (including but not limited to Car Information and User content) received by you or by Yesauto through the Yesauto Service.

(3) Yesauto will not be liable to you for any breach of these GTC-C caused by any event or circumstance beyond its reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion or accident.

(4) Except for any liability that Yesauto cannot exclude or limit by law (as explained in .§ 9(1)), Yesauto will not be liable for any losses that:

a) were not foreseeable to you and Yesauto when these GTC-C were formed. Loss or damage is foreseeable if it is an obvious consequence of Yesauto’s breach or if they were contemplated by you and Yesauto at the time these GTC-C were formed;

b) were not caused by any breach on Yesauto’s part; or

c) are suffered by non-Consumers.

(5) In the event of damage, you shall make your best efforts or arrange for such efforts to be made without delay, to limit the damage and its effects to a minimum.

(6) Yesauto assumes no responsibility for the content of websites or mobile applications linked to from the Yesauto Service (including links to Yesauto's commercial sponsors and partners). Such links should not be interpreted as endorsement by Yesauto of those linked websites or mobile applications. Yesauto will not be liable for any loss or damage that may arise from your use of them.

§ 10

Ownership, Use and Intellectual Property Rights

(1) Other than as set out in § 10(3), the Yesauto Service and all intellectual property rights in it, including but not limited to any text, images, graphics, video, audio or other multimedia content, or other information or material submitted to or on The Platform or Dealer Site (together hereinafter referred to as “Content”) are owned by Yesauto or its licensors. Intellectual property rights means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Yesauto and its licensors reserve all of its and their rights in any intellectual property in connection with the Yesauto Service. This means, for example, that Yesauto and its licensors remain owners of them and are free to use them as Yesauto and its licensors see fit.

(2) Nothing in these GTC-C grants you any legal rights in the Yesauto Service other than as necessary to enable you to access and use the Yesauto Service in accordance with these GTC-C.

(3) You represent and warrant to Yesauto that:

a) you are the sole owner of all rights in and to the Consumer Content that you submit or that you are otherwise entitled (e.g. by effective permission of the rights owner) to: (i) submit the Consumer Content; and (ii) grant the rights of use and exploitation of such Consumer Content set out in these GTC-C; and

b) the Consumer Content that you submit does not violate any third party's rights.

(4) Any Consumer Content that you submit will be considered non-confidential and non-proprietary. By submitting Consumer Content, you (or the relevant rights owner) shall retain all ownership rights in your Consumer Content, but you shall grant Yesauto and its affiliated companies the following perpetual, worldwide, royalty-free, irrevocable, non-exclusive, transferable and sublicensable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Consumer Content (in whole or in part) on the Yesauto Service, and on any other websites or mobile applications operated by Yesauto or its affiliated companies, or in any other media, including for the following purposes:

a) for advertising and/or promoting the Yesauto Service or any services operated by Yesauto or any of its affiliated companies;

b) to make the Consumer Content publicly available and to reproduce as well as distribute such content online;

c) to archive the Consumer Content in any form and, in particular, to record them in digital form, to place them in databases and to store them on all known storage media and on any data carriers as well as to combine them with other works or parts of works;

d) to store, reproduce and make available or disseminate the Consumer Content in whole or in part in electronic or other media (e.g. Internet, newspapers, magazines); and

e) to edit the contents at will, in particular to change, shorten, supplement and combine them with other contents.

In particular, Yesauto is permitted to have the aforementioned actions carried out by third parties.

(5) If you have good reason to believe that any Content on or in the Yesauto Services infringes your rights, then you should notify us by emailing our customer support team at support.uk@yesauto.com.

(6) Where Yesauto receives notification that Content infringes third party rights, Yesauto will endeavour to investigate the complaint promptly. Whilst Yesauto is investigating any such complaint, Yesauto reserves the right to remove the Content immediately from the Yesauto Services.

§ 11

Indemnification

(1) If Yesauto suffers loss as a result of or in connection with any actual or alleged action, demand or claim that the use of your Consumer Content by or on behalf of Yesauto infringes any intellectual property rights of any third party, Yesauto may issue legal proceedings against you for reimbursement of such losses.

(2) You will inform Yesauto without undue delay as soon as there is an indication of a relevant infringement of a third party's intellectual property rights or such an infringement becomes apparent.

§ 12

Viruses

Although Yesauto takes all reasonable steps to protect its systems, you access and use the Yesauto Service at your own risk. You are responsible for configuring your information technology, computer programmes and platform to access and use the Yesauto Service. You should use your own virus protection software. We do not guarantee that the Yesauto Service will be free from bugs or viruses.

§ 13

Changes or amendments to the GTC-C

(1) Yesauto may amend or change these GTC-C insofar as this is necessary for the implementation of amended legal requirements or amended supreme court rulings, due to changes in the financial circumstances of Yesauto, changes in market conditions or due to technical changes or further developments of the Yesauto Service.

(2) The amended GTC-C (and details of the scope of the amendments) will be displayed on the website and mobile applications made available as part of the Yesauto Service.

(3) If the Consumer has entered into a User Agreement (because it has registered to create a personal user account pursuant to § 3), the intended amendments to the GTC-C will be communicated to the Consumer in text form (e.g. by e-mail) no later than six weeks prior to their effective date. The Consumer’s consent shall be deemed granted if they do not notify Yesauto in text form of their refusal before the amendment's effective date. If a Consumer refuses the amendments, the contractual relationship will be continued under the previous version of the GTC-C, unless these have been declared invalid. When communicating amendments to the GTC-C, Yesauto will also inform Consumers of the scope of the amendments, their right of refusal and its deadline as well as the consequences in each case.

(4) If the Consumer has not entered into a User Agreement (because it has not registered to create a personal user account pursuant to § 3), by continuing to access and use the Yesauto Service following any amendment to the GTC-C, the Consumer agrees to be bound by any amendment made by Yesauto. It is the Consumer’s responsibility to check the GTC-C from time to time to ensure the Consumer understands the terms and conditions that apply at that time.

§ 14

Changes to the YesAuto Service

Yesauto may update or change the Yesauto Service from time to time to reflect changes to its products or services, User needs and Yesauto’s business priorities.

§ 15

Miscellaneous

(1) These GTC-C and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. If you are a consumer that has your habitual residence in the European Union, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. You and Yesauto both agree that the courts of England and Wales will have non-exclusive jurisdiction, which means that you may bring a claim to enforce your consumer protection rights in connection with these GTC-C in England and Wales or in the European Union country in which you live.

(2) These GTC-C are between you and Yesauto. No other person shall have any rights to enforce any of the provisions of these GTC-C.

(3) Yesauto shall be entitled, with a notification period of four weeks to Consumers who have entered into a User Agreement, to assign or transfer, wholly or in part, its rights and obligations under these GTC-C to a third party. Yesauto will ensure that any assignment or transfer will not affect your rights under these GTC-C.

(4) Should one or more provisions of these GTC-C be or become illegal, invalid or unenforceable, this shall not affect the legality, validity and enforceability of its remaining provisions. The same shall apply if the GTC-C do not contain an essential provision. Such ineffective provisions shall be replaced primarily by legally effective provisions which come as close as possible to said ineffective provisions in economic terms.

(5) Termination of these GTC-C for whatever reason shall not operate to affect the survival of the licence granted by the Consumer at § 10(4), nor affect any provisions that expressly or by implication are intended to continue in force after termination of these GTC-C.