Vehicle Management System (VMS) Terms and Conditions

PLEASE NOTE: We at VMS take data protection extremely seriously and insist that no user share, nor disclose to any third party their VMS login / access details to our system as outlined within our T&C's. Failure to adhere to this will result in your VMS account being deactivated without any notice and without any refund. All information provided and entered into our system is secure and protected with the latest security software available.

The following is a legally binding contract between you and Eastway Distribution Ltd. t/a Vehicle Management System / VMS.ie ("VMS"), which determines your contractual relationship with VMS and your behaviour on the site. These terms and conditions shall be referred to as "the Agreement". Please note that by pressing "accept" at the end of this Agreement you are agreeing to be bound by the terms of the Agreement, in particular, you are committing yourself to be bound by any bid you submit or to any item that you upload for Auction.

All rights, including copyright, in the content of these web pages and all database rights in our database content, are owned or controlled for these purposes by use.

All trademarks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license or right under any trademarks, names or logos.

Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website or system without the permission from an authorised vms personal.

In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website or system nor incorporate it into another website or system without our express written permission.

Choice of law and jurisdiction section

This Agreement is governed by and is to be construed in accordance with the law of the Republic of Ireland and is subject to the exclusive jurisdiction of the Irish courts

Privacy

We at VMS.ie respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2002. The purpose of this Privacy Policy is to outline how we deal with any personal data you provide to us while you are using our system. Naturally, if you are not happy with this Privacy Policy you should not enter your details nor use our website or system.

By using our website and system, you are accepting the terms of this Privacy Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

Types of Information Collected

We retain two types of information:

Personal Data

This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, user IP addresses in circumstances where they have not been deleted, clipped or anonymised, and telephone number. Such information is only collected from you if you voluntarily submit it to us.

Non-Personal Data

Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website and system. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses where they have been clipped or anonymised, browser types and other anonymous statistical data involving the use of our website and system.

Purposes for which we hold your Information

Cookies

The VMS.ie website and System does not use cookies. VMS.ie does not collect any personal data about you on this website, apart from information which you volunteer (for example by using our 'Register' button). Any information which you provide in this way is not made available to any third parties, and is used by VMS.ie only in line with the purpose for which you provided it. Your personal data may also be anonymised and used for statistical purposes.

Personal Data

We will process any Personal Data you provide to us for the following purposes:

a) to provide you with information you have requested;
b) to contact you if required in connection with your query or to respond to any communications you might send to us;
c) to send you the VMS.ie Newsletter or Event Alerts.

Updating, Verifying and Deleting Personal Data

You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Data Protection Acts 1988 and 2002 we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you or to have your Personal Data updated, amended or removed from our database, please contact us. Any such data subject requests may be subject to the prescribed fee.

Changes to the Privacy Policy

Any changes to this Privacy Policy will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Copyright

All rights, including copyright, in the content of these web pages and all database rights in our database of properties, are owned or controlled for these purposes by us.

In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

DISCLAIMER

The Content and Site is updated from time to time. However, we hereby exclude any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of the Content, the Services, the Site or any of its contents, including (but not limited) to any non-fraudulent representations contained within the Site, the Content or the Services.

Your use of the Site will be at your own risk and we will not be liable for any direct or indirect damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the Site, or any of the Content and Services, or from any action or omission taken as a result of using the Site or any such Content or Services. Furthermore, we will not be liable for any typographical or other error or omission within the material contained on the Site. We exclude any liability in respect of the Site, the Content and the Services to the fullest extent in this regard.

This Site contains material in the form of information or representations submitted by third parties to the Service Provider (some of which is provided on a periodic basis with the result that some reports may not include recently filed or registered information) and we accept no responsibility for the content or accuracy of such material nor do we make any representations by virtue of the Content, the Site or the Services in respect of the guaranteed availability of any services.

This Site contains certain information regarding the current and previous status of vehicles contained in the VMS.ie database and will only show a vehicle’s status for the previous two years. If the status of a vehicle has changed or altered prior to the commencement of this period, then the report may not reveal the same in this regard.

We make no warranty that the Content, the Site or the Services are free from infection by viruses or anything else which has contaminating or destructive properties and we hereby exclude all liability howsoever arising in respect thereof.

The Site, the Content and the Services are provided on an “as is” basis. Under no circumstances does the Service Provider warrant the accuracy of the information contained on its or any other database.

The Irish Vehicle Check and UK vehicle Check services do not relate to, contain information on or purport to comment on:

1 the physical condition of any vehicle;

2 the roadworthiness or safety of any vehicle;

3 whether or not a vehicle has been “written off”, unless such vehicle was reported to the Department of Transport as a write off or written off by an insurance company and such information has been provided to the Service Provider by such insurance company;

4 whether a vehicle or any of its components have been altered or replaced, unless notification of same has been provided to an insurance company or other body which provides information to us; or

5 whether or not a vehicle has been ‘clocked’, a description of such will not be in a report; or

6 whether any vehicle is a “clone” bearing a false vehicle registration mark and vehicle identification number.

Accordingly, in addition to all other aspects, you must satisfy yourself in respect of the above mentioned aspects of any vehicle(s) you intend to or in fact purchase.

The material contained in reports generated through this site are in the form of information or representations submitted by third parties to the Service Provider (some of which is provided on a periodic basis with the result that some reports may not include recently filed or registered information) and we accept no responsibility for the content or accuracy of such material nor do we make any representations by virtue of the Content, the Site or the Services in respect of the guaranteed availability of any services.

Irish Stolen Vehicles

Ireland is one of the few countries in Europe that does not disclose the current or historic status of stolen vehicles. As such, the Irish stolen vehicle register as maintained by An Garda Siochána is not made available to the general public. VMS.ie will only disclose a stolen vehicle marker if this is contained in our databases but we do not guarantee that such stolen data will be available at the time of report generation.

UK Stolen Vehicles

MvVehicle.ie will query the UK Police Database for UK Stolen Vehicles as part of a UK History Check. Please be aware, a positive or negative stolen record marker is subject to the available data at the time of enquiry and date of the report generation. There are instances, due to policing matters and disclosure by UK authorities and data providers, that a stolen data record may subsequently be added to the record after a report has been generated. In such instances, VMS.ie will not be held liable for any losses as a result of any stolen marker notification. In this case, it is imperative on the part of the report purchaser to seek further assistance from the UK authorities. This is a matter between the owner or keeper of the vehicle to pursue with the relevant authorities and not generally the matter for VMS.ie.

Irish Vehicle Check, UK Vehicle Check, Irish Finance Check, iCAP Vehicle Valuation Check and Buying Advice services do not provide you with (and you shall not receive) any advice or recommendation from us in relation to a specific vehicle which you intend to or in fact purchase. Any part of the Services should be used by you as a tool to assist you in buying (or not buying) a particular vehicle. Any investment made in the purchase of a vehicle is at the sole discretion of the purchaser and as the purchaser you are fully responsible for any investment or purchasing decisions you make. You must, therefore, practice proper risk-management strategies in your own investment and carry out all due-diligence when purchasing any vehicle and there is never any situation where you are not fully responsible for such purchases and Vehicle Management System shall not be held liable for any decision you make with regard to buying a vehicle The final decision will always rest with you and the Service Provider does not make any warranties or representations in respect of any information, report or statement generated by the Site or the Services.

All liability is excluded to the fullest extent permitted by applicable law including any implied terms as to the content of this Site. Such content is provided “as is”, without warranties of any kind. We reserve the right to change any and all content of the Site at any time.

NO LIABILITY

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

2 any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(a) loss of income or revenue;

(b) loss of business;

(d) loss of anticipated savings;

(e) loss of data;

(f) loss of goodwill;

(g) wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Notwithstanding the foregoing, nothing in these Terms is intended to limit your statutory rights as a consumer in the ROI, nor does this affect our liability for death or personal injury arising from our negligence (save as negligence induced by a member organisation), nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INDEMNITY

We disclaim all liability and responsibility arising from any reliance placed on the Content and Services by any User of the Site, or by anyone who may be informed by any of the same.

RELIANCE ON INFORMATION POSTED

You hereby agree to indemnify, to keep indemnified and to hold the Service Provider, its parent companies, subsidiaries, affiliates, officers and employees harmless to any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of your use of the Site, Content, Services, violation of the Terms, or the infringement by you, or any other user of the Site.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off a copy, and may download extracts, of any page(s) from the Site for authorised purposes.

You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You hereby acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.

The Service Provider offers you access to the Site and to the Content available on the Site solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Site, Content or Services. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorised manner.

If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

VIRUSES, HACKING, UNLAWFUL/UNAUTHORISED USE AND OTHER OFFENCES

You must not misuse the Site by using the searching facility for any other purpose than consulting vehicle records reports for reference purposes only.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

REPUBLIC OF IRELAND ONLY

This website is available for use by trade users of the ROI only (excluding, for the avoidance of doubt, Northern Ireland). In listing your place of residence you acknowledge, represent and warrant to us that you are a resident of the ROI. If you are not a resident of the ROI, please cease all usage of the Site, the Services and any other related services immediately.

JURISDICTION AND APPLICABLE LAW

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.

These Terms 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 Ireland.

SEVERANCE

If any of the Terms should be determined to be illegal, invalid or otherwise unenforceable, such term or terms shall be severed and deleted from the clause concerned and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Website accessibility

Where ever possible we have tried to build this site according to industry standards and have followed the latest accessibility and usability guidelines.

All pages on this site use structured semantic markup. For example H1 tags are used for main article titles, H2 and H3 tags for sub titles and H4 for navigation titles and unordered lists for navigation items.
The site has been built using cascading style sheets (CSS) and avoids using tables for layout.
All content images used in this site include descriptive ALT attributes. Purely decorative graphics include null ALT attributes. This site uses cascading style sheets for visual layout.
Users can resize text by using their browser, e.g. in IE8: View > Text size.
If the browser or browsing device does not support style sheets the content of each page is still readable.

Resources and standards

Web Content Accessibility Guidelines 1.0 ( http://www.w3.org/TR/WCAG10/)

HTML5 - W3C Working Draft 25 May 2011 ( http://www.w3.org/TR/html5/)