LUCKSPENNY LIMITED | TERMS OF USE - WEBSITE AND APP
(Last updated on [DATE])
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT HOW YOU MAY USE THE LUCKSPENNY WEBSITE AND/OR APP
1.
INTRODUCTION
1.1
1.2
These Terms of Use (together with the other documents referred to below) set out the terms on which you may use our Sites. We recommend that you print a copy of these Terms of Use ("ToUs") for future reference.
1.3
You should read these ToUs carefully before using our Sites, as by using our Sites, you confirm that you accept these ToUs, and that you will comply with them.
1.4
If you don't accept these ToUs, then you should leave our Sites immediately, and/or not use them (as appropriate).
1.5
The following policies also apply to your use of our Sites:
1.5.1
the LucksPenny Privacy Notice (see [here ]) which sets out how and why we process your personal data; and
1.5.2
the LucksPenny Cookies Policy (see [here ]) which sets out the cookies and other tracking technologies which we use on our Sites.
1.6
Where you choose to sell any vehicles and/or vehicle parts on our Sites, and/or where you choose to purchase any vehicles and/or vehicle parts from a third party seller on our Sites, these will be handled according to the terms agreed between you (ie between the individual buyer and the individual seller (as appropriate)). All payments for such purchases will also be handled by external service providers.
1.7
You are responsible for ensuring and/or verifying that any buyer and/or seller which you choose to buy from, and/or sell to, on our Sites:
1.7.1
has sufficient legal capacity to enter into the specific transaction which you have agreed between you (as a buyer or seller (as appropriate));
1.7.2
is legally entitled to buy and/or sell any vehicle and/or vehicle parts which have been advertised on our Sites; and
1.7.3
has the ability to pay for any vehicle and/or vehicle parts advertised on our Sites, and/or can follow through with any specific transaction agreed between you (as a buyer or seller (as appropriate)).
We have no control over, and accept no responsibility, or liability to you, for the failure of any transaction made through our Sites arising from circumstances such as those outlined under clause 1.7.1 – 1.7.3 above.
1.8
You are responsible for ensuring that any third party who has access to our Sites through your internet connection is aware of these TOUs, and the policies referred to above, and that they have agreed to comply with them.
1.9
To use the LucksPenny app, you must have a mobile device (for example, a mobile phone or tablet) with internet access and you must download and install the LucksPenny app on this device.
2.
ACCOUNT CREATION AND REGISTRATION
2.1
To use certain portions of the Sites, you may be required to create an account ("Account") and a password. To create an Account, you must have a unique, valid email address. Accounts cannot be shared. It is your responsibility to keep your username and password confidential and only for your own personal use.
2.2
If you register an Account on our Sites, you must provide accurate and complete registration information and keep that information up to date at all times. If you think that someone else might know your user email, or password, then you must log in to your Account and change these as soon as possible.
2.3
We reserve the right to disable any Account, user email, or password, at any time, if, in our reasonable opinion, you fail to comply with any of these ToUs, and/or if we consider that you are using our Sites to download content, or infringe, in any manner, the rights of someone else, or if we consider that there may be a security risk to you, or to another user of our Sites. Information regarding the blocking, deactivation, or deletion of your Account will be communicated to you without delay (via email) together with the reasons for any action taken by us. In case you do not agree with our decision, you may file a complaint with us to appeal that decision.
3.
INFORMATION ON OUR SITES AND IN ONLINE CONTENT
3.1
Our Sites can be accessed and/or downloaded free of charge. As such, we do not guarantee that access to our Sites, or the content on them, will always be available on demand, or uninterrupted. Your right to access and/or use our Sites is given on an "as-is" and on a temporary basis.
3.2
While our Sites may be accessed and/or downloaded free of charge, you may be required to pay for certain features and/or functionalities on them from time to time.
3.3
We reserve the right to change our Sites and the content on them, including, without limitation, by adding, changing, or removing content, or functionality, at any time.
3.4
We regularly review the content on our Sites. However, we cannot guarantee that all content on our Sites is accurate, complete, or up-to-date. We therefore make no warranties, representations, undertakings, or guarantees that the content on our Sites is accurate, complete, or up-to-date. We also make no warranties, representations, undertakings, or guarantees that our Sites, or any content on them, will be free from errors or omissions.
3.5
The content on our Sites is provided for general information purposes only. Nothing on our Sites is intended to be advice (legal or otherwise) on which you should rely. You should always obtain appropriate specialist advice before taking, or not taking, any action(s) on the basis of any content on our Sites.
3.6
We make no warranties, representations, undertakings, or guarantees that our Sites are secure, or free from bugs, or viruses. You are responsible for ensuring that the device from which you access our Sites has suitably robust anti-virus software installed on it.
3.7
If you upload content to our Sites, you must comply with the content standards set out in clause 5 in respect of that content. You warrant to us that you own any content which you upload to our Sites, or if you are not the owner, that you have the right to upload any such content.
3.8
You will continue to own any content which you upload to our Sites, but for so long as that content remains on our Sites you grant us a worldwide, perpetual and non-revocable licence to use, store, copy, distribute, display, and make available that content, and to permit other users of our Sites to use, download, print, and reproduce any such content, in accordance with our ToUs.
3.9
You will compensate (indemnify) us for any losses, liabilities, costs, expenses, claims or proceedings that we suffer, or incur, or will suffer or incur, as a result of or in connection with any breach by you of your obligations or warranties in this clause 3.
3.10
While accessing our Sites, we may suggest other user accounts to you so that may follow them and/or the content which is uploaded to any such accounts. Your decision to follow any such user accounts is entirely at your discretion. We have no control over, and accept no responsibility, or liability to you for any content presented to you via this functionality on our Sites. To obtain further information about our use of your personal data, please refer to our Privacy Notice (see [here ]).
3.11
Further, we are not responsible for, and make no warranties, representations, undertakings or guarantees in respect of, any content on our Sites. Any view, opinion, and/or expression expressed by any user of our Sites (including through advertising) is theirs alone and not our view, nor the view of any of our officers, agents, shareholders, licensors, and/or employees.
3.12
We reserve the right to remove any content that you have uploaded to our Sites at any time. We also reserve the right to disclose your identity to any person who claims that any content you have uploaded to our Sites infringes their intellectual property rights, or their right to privacy, or where any such content is defamatory, or does not comply with any applicable laws, rules, regulations, codes of conduct, or otherwise.
4.
RESTRICTIONS ON YOUR USE OF OUR SITES
4.1
When using our Sites, you may only do so for lawful purposes and in compliance with all applicable laws, rules, regulations, and codes of conduct, including without limitation, Data Protection Laws (as defined at clause 6 below), laws relating to copyright of content, and laws relating to unsolicited commercial electronic messages.
4.2
In addition to the above, you must not use our Sites:
•
to send, transfer, or transmit, whether directly or indirectly, unsolicited, or unauthorised advertising, or promotional material, chain letters, pyramid selling schemes, and/or related materials;
•
to post content or link to content where you know that, or ought to have known that, the owner of that content has not consented to, or authorised, that posting or linking, or where that posting, or linking, infringes the intellectual property rights of that owner;
•
to knowingly, or recklessly, introduce to our Sites, or use our Sites to send, transfer, or transmit, any application, material(s) or ware(s) (such as viruses, spyware, malware, or adware) which are malicious or harmful;
•
to attempt to gain unauthorised access to our Sites, our server(s), equipment, or network on which our Sites' data is stored, any server(s), computer(s), or database(s) connected to our Sites, or any related software;
•
to attempt to gain unauthorised access to any other website(s), internet account(s), server, computer(s), equipment, system(s), network(s), data (Personal Data or otherwise), or information;
•
to monitor data, or traffic, on any network or system(s), or to distribute software;
•
for mail bombing, or flooding, or to make deliberate attempts to overload a system;
•
to collect, or use, data (Personal Data or otherwise), including without limitation email addresses, screen names, or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spearing, web scraping and/or data harvesting);
•
to carry out a denial-of-service attack, or a distributed denial-of-service attack, on our Sites, or use our Sites, to carry out any such attack on any other website(s);
•
to groom, harm, or take advantage of minors in any way, or to attempt to do so;
•
use our Sites in violation of any export laws, controls, regulations or sanction policies of Ireland, the United Kingdom ("UK"), or any other country; and/or
•
for any purpose which does not comply with our Sites' content standards (as set out under clause 5 below).
4.3
We also expect users of our Sites to respect the rights and dignity of other users. As such, users cannot use our Sites to: (i) harass, stalk, threaten, or otherwise violate the legal rights of others, (ii) impersonate other users, or (iii) disrupt the operation of our Sites in any way.
4.4
We reserve the right in our sole discretion to restrict or terminate any Account(s) which does not comply with these ToUs and to remove any materials that violate these ToUs, or which we find objectionable. This termination may result in the loss of any data or files which you have placed, uploaded, or added to, our Sites, however, it will not affect your rights under Data Protection Laws.
4.5
If you breach any term of these ToUs your right to use our Sites will immediately end. In addition, we may take such other actions including, without limitation, legal action as we consider appropriate.
4.6
If you breach any term of these ToUs, or if we receive a request from a law enforcement authority to do so, we may report your identity, details of any breach, and any other information we consider necessary to relevant law enforcement authorities.
5.
CONTENT RESTRICTIONS ON OUR SITES
5.1
Please remember that any content (which, for the avoidance of doubt, includes advertisements) you upload to our Sites may be viewed by other users, so always think carefully before you submit any content to them.
5.2
Any content which you upload to our Sites must:
•
comply with all applicable laws, rules, regulations and/or codes of conduct;
•
be accurate (where it claims to state facts); and
•
be genuinely held (where it states views, opinions, and/or expressions).
5.3
You must not upload to our Sites any content which is, or which may be inferred as being:
•
defamatory, obscene, offensive, indecent, malicious, hateful, or inflammatory;
•
pornographic, or sexually explicit;
•
exploitative of minors, or vulnerable persons;
•
promoting of violence, or terrorism;
•
discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
•
an infringement of any copyright, database right, trademark, or other intellectual property right of any other user, or any other person;
•
solicitation, or an attempt to solicit passwords, or Personal Data, for commercial, or unlawful purposes from other users;
•
fraudulent, or likely to deceive other users, or any other person;
•
made in breach of any legal duty owed to a user, or any other person, such as a contractual duty, or a duty of confidence, or is content which is a trade secret where you are not the trade secret holder;
•
a risk to a user's, or any other person's, health, or safety, or their public health, or safety;
•
promoting, or constituting, illegal or unlawful activity;
•
promoting of any political party, sector, ideology, or activity;
•
an interference with an investigation by a law enforcement, public, or other regulatory authority;
•
threatening, abusive, or invasive of another user's, or any other person's, privacy, or which causes annoyance, inconvenience, or emotional and/or psychological anxiety;
•
likely to upset, embarrass, alarm, or annoy another user, or any other person;
•
an impersonation of another user, or any other person, or misrepresents your identity, or affiliation with any person;
•
misleading by giving the impression that it comes from us, or is our advertising material; or
•
an advocation, promotion or assistance of any unlawful activity, including, but not limited to, copyright infringement, or computer/system misuse.;
5.4
We are under no obligation to oversee, monitor, or moderate any of the advertisements, or other content, whether in online chats, forums, or bulletin boards, on our Sites.
5.5
5.6
You should be aware of your own, and other users' security and confidentiality. You could be sent unwanted emails if you post your contact details in an advertisement, or in any online chats, forums, or bulletin boards, on our Sites, or where send this information to other users. You could also receive unwanted telephone calls. You will also put your email account, and/or device(s), at a greater risk of hacking, breach, and/or viruses where you make it available online.
5.7
6.
DATA PROTECTION
6.1
For the purposes of these ToUs, "Data Protection Laws" shall mean: (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation (the "GDPR")); (ii) the EU e-Privacy Directive (Directive 2002/58/EC), (iii) the Irish Data Protection Acts 1988-2018; (iv) the GDPR, as implemented into UK law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and the UK Data Protection Act 2018 (UK GDPR); (v) European Communities (Electronic Communications Networks and Services)(Privacy and Electronic Communications Regulations 2011 (S.I.No.336 of 2011)); and (vi) any and all applicable national data protection laws made under, pursuant to, or that apply in conjunction with any of (i) – (v); in each case as may be amended or superseded from time to time.
6.2
For the purposes of these ToUs, "Controller", "Personal Data", and "processing" will each have the meanings given to them under Data Protection Laws, and "process" will be construed accordingly.
6.3
Under these ToUs, we, you (as either a buyer and/or seller), and any third party sellers on our Sites, process Personal Data in connection with these ToUs as separate and independent controllers of Personal Data, and each shall comply with their respective obligations under Data Protection Laws in relation to any such processing.
6.4
Any Personal Data which you submit, upload, add, or otherwise make available on, or through, our Sites, shall be governed by the terms of our Privacy Notice and Cookies Policy (see [here and here ]).
6.5
Any other information which you submit, upload, add, or otherwise make available on, or through, our Sites will be treated as non-confidential and non-proprietary. This includes all information you submit directly, or indirectly (eg through the use on a third-party social media site using a hashtag we promote).
6.6
You agree that you shall not do anything, or omit to do anything, which would cause us to be in breach of our obligations under Data Protection Laws. Nothing in this section affects your statutory rights.
7.
VEHICLE ANALYSIS AND SEARCH FEATURE
7.1
We offer an optional visual analysis and search feature on our Sites which enables users to upload an image of their vehicle to help identify similar listings on our Sites.
7.2
This feature is powered by artificial intelligence, in particular image recognition technology which analyses the characteristics of a vehicle in the image, such as the brand, model, colour, vehicle registration marks/numbers, and shape of the vehicle (data which is not, by itself, Personal Data), and matches it to similar advertisements on our Sites (which will contain the Personal Data of sellers on our Sites).
7.3
Any image uploaded is processed solely for the purpose of enabling this vehicle analysis and search feature to enhance, and improve, the user experience of our Sites. There are instances in which we may collect the timestamp and GPS data of the images which are uploaded to our Sites (where this is embedded in the image).
7.4
While we do not intend to process any Personal Data through the images which are uploaded to the vehicle analysis and search feature, there may be instances in which an uploaded image inadvertently captures Personal Data (for instance, a person's image who may be in the background). Where this occurs, this Personal Data is processed incidentally, and in accordance with these ToUs, you represent and warrant that, by uploading such an image, you have obtained consent from the person featured in the image to be so featured, and you have directed them to our Privacy Notice and our Cookies Policy (see [here and here]).
7.5
While the above-described vehicle analysis and search feature processes Personal Data (in order to provide you with a selection of sellers from which you may wish to purchase a vehicle and/or vehicle parts), any images featuring a person's image will only be processed by our vehicle analysis and search feature in order to identify which entity is the vehicle in the image, and exclude all other information.
7.6
Further, this vehicle analysis and search feature may exclude certain sellers on our Sites from being returned by a user's search, but only where their vehicle and/or vehicle parts, do not match the criteria which are being searched for by the individual user of our Sites. As such, it will be entirely at the discretion of the user of our Sites as to what criteria they include in their search(es) to produce the results which are relevant to them. Any results produced by any such search(es) will not have any binding legal effect either on us, on the users of our Sites, or on the third party sellers who may be advertising on them.
7.7
To obtain further information about how data of this nature may be processed, please refer to our Privacy Notice (see [here ]).
8.
INTELLECTUAL PROPERTY RIGHTS
8.1
We, or our licensors, own the copyright and all other intellectual property rights (including any moral rights) in our Sites and the content on them (other than content uploaded by or linked to by third parties).
8.2
Our Sites and their contents, including (but not limited to) all trademarks, service marks, and graphical elements, the front and back-end of the Sites, proprietary information related to the Sites etc. (ie their contents) are our sole property, unless otherwise expressly noted, and are protected by copyright, trademark, patent, and/or other intellectual property rights.
8.3
Our Sites and their contents may also contain various third-party names, trademarks, and service marks that are the property of their respective owners. Subject to these ToUs, you are granted a personal, worldwide, non-exclusive, non-transferable and revocable license to use the Sites and their contents solely for your own purposes, and solely in accordance with these ToUs for the duration in which you are using our Sites.
8.4
This license is terminable at any time and does not grant you any additional rights with respect to the Sites, their content, and their contents. We reserve all other rights, to the fullest extent possible by applicable laws. You may not modify, alter, or change any information on our Sites, or distribute, publish, transmit, reuse, re-post, reverse engineer, or disassemble the content on them, or any portion of them, for public or commercial purposes, including, without limitation, the text, images, source codes, audio and video elements. Your use of any of the content on our Sites, except as provided in these ToUs, without our written permission, is strictly prohibited.
8.5
Notwithstanding the above, you may download content from our Sites, and/or print a reasonable number of copies of any page on our Sites. You must not make any changes to any content which you have downloaded and/or printed from our Sites. Further, if you use, download, print, or reproduce content from our Sites in breach of these ToUs (as set out under clause 5 above), your right to use our Sites will immediately terminate and you will be required to securely return to us, or securely destroy (at our option) all copies (in whatever form) of any of the content you have downloaded, printed, reproduced, or otherwise made.
8.6
You may create a URL link which links to any page on our Sites from other website(s) and share it, but only if you comply with the following conditions:
8.6.1
you may only link to our Sites from a website which you own, and which complies with the standards set out in clause 4 and clause 5 above and/or from your personal social media account(s), or other online platform(s) which you solely control; and
8.6.2
you must not suggest that we have any association with you, or that we approve, or endorse your website(s), social media account(s), other online platform(s), or any of your products, or services, unless we expressly agree that you may do so.
8.7
We reserve the right to require you to remove any link to our Sites at any time and without giving you prior notice.
8.8
From time to time, our Sites may also contain links to other websites. These links are provided for your convenience only. We have no control over, and accept no responsibility, or liability to you for those other websites, or their content.
9.
DISCLAIMER AND LIMITATION OF LIABILITY
9.1
Our Sites and all the text, images, and software, and all services, products, or materials (including, without limitation, third party products and services, and submissions and creations) made available through or in connection with our Sites (ie their contents) are provided on an "as is" basis without any warranties of any kind, whether express or, implied.
9.2
Further, nothing in these ToUs limits or excludes our liability to you for:
9.2.1
death or personal injury resulting from negligence;
9.2.2
fraud or fraudulent misrepresentation; or
9.2.3
any other matter for which we are not permitted by law to exclude, or limit, liability.
9.3
As these ToUs govern your access and/or use of our Sites, all warranties, conditions, and other terms relating to our Sites, and/or their content which would otherwise be implied by law (whether by statute, common law or otherwise) are excluded.
9.4
We will not be liable to you for any loss, or damage arising out of or in connection with your use of (or inability to use) our Sites, or your use of or reliance on any content on our Sites, whether in contract, tort (including without limitation negligence), misrepresentation, restitution, under statute, or otherwise.
10.
MODIFICATIONS TO THESE TOUS AND OTHER POLICIES
10.1
We reserve the right to make changes, modifications, or updates to these ToUs, of which, you will be notified, from time to time.
10.2
We may change, modify, or update these ToUs to reflect changes in applicable laws or regulatory requirements, or to make more minor technical adjustments and improvements, where any such changes will not materially alter any contracts, terms, or other agreements which you have made through our Sites, or affect your use of, or sale of, any related products. You should therefore check our ToUs whenever you return to our Sites to see whether any changes, modifications, or updates have been made, as these will be binding on you.
10.3
We also reserve the right to make changes, modifications and/or updates to our Privacy Notice and Cookies Policy (as set out under clause 1.5 above) from time to time, so you should also check these documents regularly to see whether any changes, modifications and/or updates have been made.
11.
APPLICABLE LAW AND JURISDICTION
11.1
These ToUs (and any non-contractual obligations arising out of or in connection with them) are governed by the law of Ireland, and the courts of Ireland have non-exclusive jurisdiction to determine any dispute arising out of, or in connection with, them (including without limitation in relation to any non-contractual obligations).
11.2
Where you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these ToUs affects your rights as a consumer to rely on such mandatory provisions of local law.
