Terms of Use

1. About these Terms

These Terms of Use (“Terms”) govern your use of Motovo and any services made available through the Motovo website.

Motovo is operated by Motovo Limited, a company registered in England and Wales under company number 17432418, with registered office at 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ.

In these Terms, “Motovo”, “we”, “us” and “our” mean Motovo Limited.

By using Motovo, creating an account, submitting an enquiry, publishing a vehicle listing or purchasing a Motovo service where available, you agree to these Terms.

If you do not agree to these Terms, you should not use the relevant Motovo services.

Nothing in these Terms affects any rights you have under applicable law which cannot legally be excluded or restricted.

2. What Motovo is

Motovo is a UK online car marketplace for buying, selling and checking used cars.

Motovo provides an advertising and information platform that allows private sellers and motor traders to advertise vehicles and allows potential buyers to find vehicles and contact sellers.

Unless Motovo expressly states otherwise for a particular service, Motovo:

• does not own vehicles advertised on the platform;
• does not take possession or custody of advertised vehicles;
• is not the buyer or seller of an advertised vehicle;
• is not a party to the sale contract between a buyer and seller;
• does not receive or hold payment for the purchase price of a vehicle; and
• does not guarantee that a vehicle will sell or that a buyer or seller will complete a transaction.

Buyers and sellers are responsible for agreeing the terms of any vehicle transaction between themselves.

3. Eligibility and accounts

You must provide accurate information when creating or using an account and must keep your account information reasonably up to date.

You are responsible for activity carried out through your account and should take reasonable steps to keep your login credentials secure.

You must be 18 or over to advertise a vehicle for sale, apply for or operate a dealer account, or purchase a paid Motovo service.

This does not mean that general public browsing of Motovo is restricted to people aged 18 or over.

You must not create or use an account for fraudulent, misleading or unlawful purposes.

If you believe your account has been used without your permission, email support@motovo.co.uk.

4. Private sellers and motor traders

You must accurately represent whether you are acting as a private seller or in the course of a trade or business.

A person acting as a motor trader or otherwise selling vehicles in the course of business must not present themselves on Motovo as a private seller in order to avoid legal obligations applying to traders.

Motor traders remain responsible for complying with all consumer-protection, advertising and other legal obligations that apply to their business and their vehicle sales.

Motovo may request information reasonably necessary to verify or clarify whether an account is being used privately or for business purposes.

Where Motovo reasonably believes that a user has incorrectly represented their seller status, Motovo may reclassify, restrict or suspend the relevant account or listings while the matter is reviewed.

5. Vehicle listings and seller responsibilities

You may only advertise a vehicle that you own or are otherwise legally authorised to advertise and sell.

Sellers are responsible for reviewing the information in their listing before publication, including information automatically populated from vehicle-data sources.

Listings must be accurate and must not be false, misleading or omit important information in a way that could mislead a buyer.

Sellers must take reasonable care to ensure that vehicle descriptions, mileage, price, photographs, specification, ownership information and other material information they provide are accurate.

Automatically populated information does not remove the seller’s responsibility to review the final listing.

Motovo may correct obvious formatting or technical issues but is not responsible for independently verifying every statement made by a seller.

6. Content you upload

You retain ownership of photographs, descriptions and other content that you upload to Motovo.

You confirm that you own that content or otherwise have the necessary rights and permission to upload and use it.

By uploading content, you grant Motovo a non-exclusive, royalty-free licence to host, store, reproduce, resize, crop, format, display and distribute that content to the extent reasonably necessary to:

• operate Motovo;
• display and distribute your listing;
• display your listing in search and browse results;
• promote your listing; and
• promote the Motovo marketplace.

This licence does not transfer ownership of your content to Motovo.

The licence normally ends when the relevant content is permanently removed from Motovo, except where limited retention is reasonably required for backups, security, fraud prevention, legal obligations, dispute resolution or records of previously published activity.

You must not upload material that infringes another person’s intellectual-property, privacy or other legal rights.

7. Vehicle data, Motovo Car Check and valuations

Vehicle information displayed on Motovo listings and in Motovo Car Check reports may include information obtained from DVLA, DVSA and third-party vehicle-data and vehicle-history providers.

HPI-backed or equivalent vehicle-history data may be used where applicable.

Motovo aims to display available vehicle information accurately, but source records can be incomplete, delayed, incorrect, updated or changed after information is retrieved.

A Motovo Car Check is based on recorded vehicle information and vehicle-history data. It does not constitute a physical or mechanical inspection of the vehicle.

Because vehicle records can change, buyers should make sure that any vehicle-history information or Motovo Car Check they rely upon is still current when purchasing a vehicle.

Buyers should also satisfy themselves as to the vehicle’s physical and mechanical condition before purchase.

Valuations and market-reference figures displayed by Motovo are estimates based on available information and are intended as a guide only. Actual sale and purchase prices may differ.

8. Finance information

Any monthly payment, APR or other finance information displayed on Motovo is for information or illustration only unless expressly stated otherwise.

An estimated finance figure does not constitute an offer of credit, approval for finance or a guarantee that finance will be available.

Finance may be subject to status, affordability or credit checks, lender approval and separate terms.

Unless expressly stated otherwise for a particular service, Motovo does not itself provide credit.

Where finance is offered or arranged by a motor trader, lender, broker or other third party, that party remains responsible for its regulated activities and for the terms of any finance agreement.

9. Paid Motovo services

Motovo may offer paid services, including paid advertising, vehicle checks, additional listing features or other products.

Where a paid Motovo service is available, its price, main features, duration and any material conditions will be shown to you before you place an order.

No obligation to make a payment arises merely from browsing a paid-service option.

Where payment processing is provided by a third-party payment provider, that provider may process payment information in accordance with its own terms and privacy arrangements.

Different paid services may have different durations, features and cancellation arrangements. Any service-specific terms displayed before purchase form part of your agreement with Motovo.

10. Consumer cancellation rights for paid services

If you are acting as a consumer and purchase a Motovo service online, you may have statutory cancellation rights.

Where applicable, you will be given the legally required information about cancellation before placing your order and in a form that you can keep.

For a service that you ask Motovo to begin providing during a statutory cancellation period, you may be required to make an express request for the service to begin immediately.

If you then exercise a statutory right to cancel before the service has been fully performed, Motovo may charge an amount permitted by law which is proportionate to the service already supplied up to the point of cancellation.

Where a service is fully performed during the cancellation period following your express request for performance to begin and your acknowledgement that your cancellation right will be lost once the service is fully performed, the statutory cancellation right may end when full performance is completed, where permitted by law.

Where Motovo supplies paid digital content immediately, such as an immediately generated digital report, supply during the cancellation period may require your express consent and acknowledgement that the applicable cancellation right will be lost once supply begins, where required by law.

Once any applicable statutory cancellation right has expired or lawfully ended, you are not entitled to a refund merely because:

• you change your mind;
• you decide to remove an advertisement;
• the vehicle sells sooner than expected; or
• you no longer require the service,

unless the particular service states otherwise or applicable law requires a refund.

This does not affect your statutory rights where Motovo fails to provide a paid service with the standard required by law.

If Motovo cancels a paid service without fault on your part, Motovo will provide any refund or adjustment required by law and, where appropriate, will take account of the part of the service that has not been supplied.

11. Dealer and business services

Dealer accounts and dealer services are intended for users acting for purposes relating to their trade or business.

Where Motovo offers dealer subscription plans or other paid business services, the applicable price, billing period, allowances and cancellation arrangements will be shown when the service is selected.

Statutory consumer cancellation rights do not apply to a purchase made wholly or mainly for business purposes.

Dealers are responsible for maintaining accurate dealership, contact and regulatory information on Motovo.

Motovo may restrict dealer features where a dealer account is suspended, expires or otherwise no longer meets the requirements of the relevant dealer service.

12. Prohibited use and illegal content

You must not use Motovo to:

• create false, fraudulent or deliberately misleading vehicle listings;
• advertise a vehicle you are not entitled to advertise;
• impersonate another person or business;
• scam or attempt to defraud another user;
• harass, threaten or abuse another person;
• upload or distribute illegal or prohibited content;
• facilitate criminal activity;
• upload content involving child sexual exploitation or abuse;
• upload unlawful terrorist or extremist content;
• upload content that unlawfully promotes hatred, violence or discrimination;
• introduce malware or attempt to compromise Motovo’s security;
• scrape, automatically query or bulk extract Motovo listing data without written permission; or
• otherwise use Motovo in breach of applicable law.

This list is not exhaustive. Content may also be restricted where Motovo reasonably considers this necessary to comply with law or protect users from unlawful activity.

13. Reporting content and Online Safety

Motovo provides reporting tools so that users and members of the public can report potentially illegal, fraudulent, harmful or otherwise prohibited content.

Public vehicle listings can be reported using the Report this listing option.

Where available, users can also report inappropriate or potentially illegal messages they receive through Motovo.

The Contact page also provides routes for:

• reporting a listing or content;
• reporting a message or user;
• making an Online Safety complaint; and
• appealing a moderation decision.

An account is not required merely to report a public vehicle listing. Certain reports relating to private messages may require the reporter to be signed in so that Motovo can protect private message information and confirm that the reporter is entitled to access the relevant conversation.

Motovo reviews reports and may take proportionate action depending on the circumstances.

Where Motovo becomes aware of content that it reasonably determines to be illegal, Motovo will take appropriate action to remove or restrict that content as required by applicable law and will seek to minimise the time for which illegal content remains available on the platform.

Depending on the circumstances, action may include:

• taking no further action after review;
• requesting further information;
• restricting or removing content;
• warning a user;
• restricting or suspending an account;
• preserving relevant records; or
• reporting information to law-enforcement or other competent authorities where required or appropriate under applicable law.

A report does not automatically result in a listing or account being removed.

14. Complaints and moderation appeals

If you believe Motovo has handled an Online Safety matter incorrectly, failed to deal appropriately with content you believe is illegal, failed to operate its reporting or complaints processes appropriately, or failed to have appropriate regard to users’ legal rights to freedom of expression or privacy when applying its Online Safety measures, you may use the Online safety complaint option on the Contact page.

If Motovo removes or restricts content you have uploaded, warns you, restricts your use of Motovo, suspends your account or bans your account because of content that Motovo considers to be illegal or prohibited, you may use the Appeal a moderation decision option on the Contact page to ask Motovo to review that decision.

Where a report reference has been provided, you should include it where possible.

Motovo will review the information provided, the relevant content or account action and any other information reasonably necessary to consider the complaint. Where a complaint is upheld, Motovo will take appropriate action, which may include restoring content or access, changing or reversing a moderation decision, removing or restricting content, or taking another proportionate step as appropriate.

Motovo does not guarantee that every report or appeal will result in the action requested by the person making it.

These complaint and appeal processes do not prevent you from exercising any legal rights you may have. If Motovo removes or restricts your content, or suspends, bans or otherwise restricts your access to Motovo, in breach of these Terms, you may have the right to bring a claim for breach of contract through the courts. A disagreement with a moderation decision does not by itself mean that Motovo has breached these Terms or that a valid legal claim exists.

15. Suspension, restriction and removal

Motovo may remove content or restrict or suspend an account where it is reasonably necessary because:

• these Terms have been materially breached;
• a listing or account is fraudulent or misleading;
• the user may be acting unlawfully;
• the user presents a security or safety risk;
• continued access would expose Motovo or another person to legal or regulatory risk; or
• Motovo is required to do so by law or a competent authority.

Where appropriate and lawful, Motovo may provide information about the reason for the action and the available complaint or appeal route.

Motovo will not exercise these rights arbitrarily.

16. Availability and changes to Motovo

Motovo may update, maintain, improve or change the platform from time to time.

We do not guarantee that every feature will always be available or that Motovo will operate without interruption.

Temporary interruptions may occur because of maintenance, technical failures, third-party services, security incidents or circumstances outside Motovo’s reasonable control.

Where reasonably possible, Motovo will seek to minimise disruption to users.

17. Motovo intellectual property

Except for content uploaded by users and material owned by third parties, the Motovo website, branding, software, design and original content are owned by or licensed to Motovo Limited.

You may use Motovo for its intended purpose but may not copy, reproduce, commercially exploit or create an unauthorised competing database from Motovo content except where permitted by law or with Motovo’s written permission.

18. Privacy

Personal information is handled in accordance with Motovo’s Privacy Policy.

These Terms do not replace the Privacy Policy.

19. Liability and statutory rights

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability or legal right that cannot lawfully be excluded or limited.

Consumers

If you are acting as a consumer, Motovo is responsible for loss or damage that is a foreseeable result of Motovo breaching these Terms or failing to use reasonable care and skill where the law requires Motovo to do so.

Motovo is not responsible for losses that were not foreseeable when the relevant contract was made or for business losses suffered by a person acting as a consumer.

Subject to applicable law, Motovo is not responsible for losses caused solely by:

• inaccuracies, delays or later changes in third-party vehicle-data records outside Motovo’s reasonable control;
• the physical or mechanical condition of a vehicle;
• statements or conduct of an independent buyer or seller; or
• a vehicle transaction to which Motovo is not a party.

Business users

If you use Motovo wholly or mainly for business purposes, then, to the fullest extent permitted by law, Motovo is not liable for indirect or consequential loss or for loss of profit, revenue, business opportunity or goodwill arising from your use of Motovo.

Nothing in this section affects liabilities that cannot legally be excluded or restricted.

20. Changes to these Terms

Motovo may update these Terms where reasonably necessary, including to reflect:

• changes to the platform or services;
• changes in law or regulation;
• security requirements;
• changes to third-party services used by Motovo; or
• improvements or clarifications to these Terms.

The current version and its last-updated date will be published on this page.

Motovo will not use this section to make arbitrary retrospective changes that unfairly remove rights relating to a paid service already purchased by a consumer.

Where applicable law requires additional notice or consent for a change, Motovo will provide it.

21. Governing law and courts

These Terms are governed by the law of England and Wales.

If you are a consumer living elsewhere in the United Kingdom, you continue to benefit from any mandatory protections provided by the law applicable where you live.

Nothing in these Terms prevents a UK consumer from bringing proceedings in a court that they are entitled to use under applicable consumer law, including courts in the part of the United Kingdom where they live where applicable.

If you are using Motovo wholly or mainly for business purposes, the courts of England and Wales will have exclusive jurisdiction unless otherwise required by law.

22. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed only to the extent necessary, and the remaining provisions will continue to apply.

23. Contact

Questions about these Terms or Motovo can be sent to:

support@motovo.co.uk

Motovo Limited
Company No. 17432418
Registered in England and Wales
Registered office: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ