Terms & Conditions
1. General
Acceptance and Acknowledgement
This Agreement (the Agreement) outlines in detail the terms and conditions governing your access to and use of the UlsterTrader.com web site
By entering and/or using the UlsterTrader.com web site you are bound by the terms and conditions contained in this Agreement. These terms and conditions are critical to ensure your protection and ours. It is imperative that you take the time to read the terms and conditions in this Agreement. Should you have any questions about them please do not hesitate to contact us at info@ulstertrader.com.
UlsterTrader.com retails the right at all times, to adapt, alter or amend this Agreement and/or any part thereof. You are responsible for examining this Agreement on a continuing basis. Indeed your continued use of the UlsterTrader.com web site is indicative of an acceptance by you of any modification to this Agreement and an approval to be bound by its terms.
Residents outside of Ireland
The UlsterTrader.com web site is for the use of citizens of Northern Ireland and the Republic of Ireland. Residents of other countries are free to access and use the UlsterTrader.com web site, however they do so at their own risk. It is the sole obligation of non residents to ensure that accessing and using the UlsterTrader.com web site does not breach their local laws.
Third Party Sites
The web site may contain links which might navigate you away from the UlsterTrader.com web site and access other web sites ("linked sites"). Such linked sites are not under the control of UlsterTrader.com and therefore UlsterTrader.com is not accountable for the subject matter and/or content of any linked sites or any link contained in a linked site or any changes or updates to such sites. UlsterTrader.com is not accountable for web casting or any other form of transmission received from any linked site. UlsterTrader.com is merely providing these links to you as a convenience and the insertion of any link does not amount to an endorsement by UlsterTrader.com of the site nor does it imply any association with their operators.
Dealings with Advertisers
Any dealings or correspondence with, or participation in promotions and/or advertisers established on or through the UlsterTrader.com web site are solely between you and such advertiser. Consequently and as a result of this you agree that UlsterTrader.com will not be accountable or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the UlsterTrader.com web site. You should check specifications of vehicles with the seller of the vehicle before committing to a purchase. Any unsolicited commercial communication made with our advertisers through the UlsterTrader.com website is chargeable at £30 per communication. By accessing this website, any user agrees to this charge and to our payment terms of 7 days from invoice.
Intellectual Property / Copyright
All materials published on the UlsterTrader.com web site including, but not confined to, product descriptions, photographs, images, illustrations, pricing information and reviews are protected by copyright and owned or controlled by UlsterTrader.com. You hereby agree that all trademarks, trade names, service marks, rights (unregistered or registered) in any designs, applications for any of the foregoing; business or trade names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including software, software architecture, design or code including source and object code, data specifications, drawings, instructions, programs, developments, methods, techniques and improvements; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the UlsterTrader.com web site (hereinafter referred to as "Intellectual Property") are solely owned by UlsterTrader.com. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. Any other trademarks, company logos and product names cited herein are the property of their respective owners.
The graphics, text, web site design, the selection and arrangement thereof and all software are copyright of UlsterTrader.com.
Apart from the express consent permitted by these terms and conditions, you are not permitted to, adapt, alter, copy, download, display, reproduce, redistribute, republish, transmit, create derivative works from or otherwise extract or re-utilise any of the contents of this site. You must not cache any of the contents for access by third parties nor mirror or frame any of the content of the site nor incorporate it into another website without our express written permission.
Limitation of Liability
UlsterTrader.com does not make any warranty that the web site is unfettered from infection by viruses or any other thing that has contaminating properties and we do not accept any liability for any claims or losses arising from any inability to access the UlsterTrader.com site. Furthermore, UlsterTrader.com will not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising (including, but not limited to, an action in negligence, contract or other tortious action) that develops from the use of material and information available on the UlsterTrader.com web site.
Disclaimer
The information and material contained in the UlsterTrader.com site including, but not limited to, images, product descriptions, photographs, illustrations, pricing information and reviews may contain typographical errors and inaccuracies. UlsterTrader.com does not warrant the completeness or accuracy of the information or materials or the reliability of any advice, statement, opinion or other information displayed or distributed through the UlsterTrader.com web site. You acknowledge that any reliance on any such opinion, statement, information or memorandum shall be at your own risk. UlsterTrader.com reserves the right in its sole discretion to correct any omissions or errors in any part of the UlsterTrader.com web site.
The UlsterTrader.com web site, the material and information on the UlsterTrader.com web site are administered "as is" without any representation or warranty, implied or express, of any kind, including, but not limited to warranties regarding merchantability, non-infringement, fitness for any particular purpose and title. Please note that all vehicles are subject to prior sales.
UlsterTrader.com does not attempt to make any warranty, guarantee nor any representation regarding the quality of or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies on the UlsterTrader.com web site. UlsterTrader.com will not be liable for any failure to perform any of its duties under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, war, strikes, industrial disputes, lock-outs and breakdown of internet services or other computer services
Indemnity and Waiver
You hereby agree to indemnify and keep indemnified UlsterTrader.com its successors and assigns and each of its respective directors, officers, agents and employees from and against any and all liability, losses, damages, claims (including reasonable legal fees) caused in any way from your use of the material and information posted on the UlsterTrader.com site or resulting from any breach of this Agreement whether such breach is carried out by you, your use of the UlsterTrader.com web site, your connection to the UlsterTrader.com site or your contravention of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the UlsterTrader.com web site is done at your own risk and discretion and that you waive any right to bring any action or claim against UlsterTrader.com or its successors, officers, assigns, employees, directors and agents for any damage, injury or loss arising from your access to or use of the UlsterTrader.com site.
Prohibited or Unlawful Use
You hereby acknowledge and warrant to UlsterTrader.com that you will not use the UlsterTrader.com web site for any purpose that is prohibited or unlawful by these terms and conditions
You are prohibited from using the UlsterTrader.com web site in any manner which would disable, overburden, and damage or impair the UlsterTrader.com web site or frustrate any other party's use and enjoyment of the UlsterTrader.com web site. You may not acquire or attempt to acquire any information or material through any means not intentionally made available or provided for through the UlsterTrader.com web site.
You hereby agree that you will not avail the contact details of advertisers to sell or canvas to them.
You hereby agree to indemnify and keep indemnified UlsterTrader.com its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, losses, damages, claims (including reasonable legal fees) resulting in any way from any such uploading, posting, publication, distribution or dissemination of any such information or material on the UlsterTrader.com web site.
You hereby agree and warrant that you will not upload, publish, upload, post or disseminate any material or information on the UlsterTrader.com web site that infringes any copyright or intellectual property rights of any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any content or images that are in any way harmful, threatening, defamatory, unlawful, obscene, harassing or racially, ethically or otherwise objectionable and aides or promotes violence, discrimination or illegal activity or depicts sexually explicit imagery.
Assignment
UlsterTrader.com retains the right to subcontract or assign any or all of its rights and obligations under this Agreement.
Modifications to UlsterTrader.com web site
UlsterTrader.com retains the right from time to time and indeed at any time to modify or discontinue temporarily or permanently, the UlsterTrader.com web site (or a part thereof) with or without forewarning. You acknowledge that UlsterTrader.com will not be liable to you or any third party for any modification, suspension or discontinuance of the UlsterTrader.com web site.
Should UlsterTrader.com pursue its right to modify or discontinue the UlsterTrader.com web site; UlsterTrader.com will not be liable to you or any third party.
Entire Agreement
This Agreement constitutes the entire Agreement between you and UlsterTrader.com. Furthermore this Agreement takes precedence over any prior agreements, statements, arrangements and understandings between UlsterTrader.com and you.
Waiver
A waiver by UlsterTrader.com of any breach by you of any of the terms, provisions or conditions of this Agreement or the acquiescence of UlsterTrader.com to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid will not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
Invalidity
If at any time any one or more provisions of this Agreement will be held to be invalid, illegal or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will continue in full force and effect.
Dissatisfaction
If you are dissatisfied any material or information posted on the UlsterTrader.com web site or if you are unhappy with the UlsterTrader.com web site the, or with any term or condition of this Agreement, your sole and exclusive remedy is to desist from using the UlsterTrader.com site.
Governing Law
This Agreement will be governed by the laws of Ireland and you hereby acknowledge to the exclusive jurisdiction of the Irish courts in all matters regarding it.
2. Personal Advertising
Introduction
By submitting an advertisement to the UlsterTrader.com site, you are formally understood to have read and accepted the terms and conditions laid out here. These terms and conditions and the contract of which they form part will be governed by Northern Irish law.
All references to "the customer" pertain to the user placing an advertisement for a vehicle on the UlsterTrader.com site. All references to "the site" or “the web site” pertain to the UlsterTrader.com.ie internet site. All references to "us" pertain to UlsterTrader.com.
This service accommodates those who wish to place an advertisement for a used vehicle on the UlsterTrader.com site and its affiliates.
Advertisement Contents
Each advertisement is restricted to one vehicle.
Any user listing in excess of 2 vehicles at any one time will be listed as a trade advertiser.
UlsterTrader.com retains the right to decline to publish the whole or part of any advertisement. The advertisement copy you supply must be legal, decent, honest and truthful and must not in the sole opinion of UlsterTrader.com bring our business into dispute or conflict. Any advertisement may be amended by UlsterTrader.com to ensure compliance with these requirements. UlsterTrader.com is not able to verify the veracity of any statements (including the authenticity of photographs) made by a customer in the advertisement copy. As a result the customer shall be responsible for any losses, expenses or other costs incurred by UlsterTrader.com resulting from an inaccurate photograph or untrue statement supplied by the customer.
UlsterTrader.com retains the right to edit, amend or alter the copy or photograph supplied by the customer in order to meet the technical and production requirements of the web site. Contracts will only be deemed to exist between the customer and UlsterTrader.com when the advertisement has been accepted for publication on the web site.
UlsterTrader.com owns all copyright in all adverts (including photographs and text) and you hereby assign all such copyright to us. We will in general submit your advertisement to third party sites and by posting advertisements with us you give us permission to make such submissions. While we make such submissions in good faith and only submit to websites or networks which we believe are reputable, we make no respresentation as to the effectiveness of otherwise of those sites or networks. We may also publicise your advert in media other than the UlsterTrader.com website.
Payment and Security
On-line advertisement payments must be processed through our web site. The web site will refer you to a dedicated ecommerce provider to process card payments. The dedicated ecommerce provider will handle the payment via a secure sever (SSL) connection. This will ensure the safety of your payment on-line.
Payment can be made using Visa, MasterCard, Switch, Solo or certain debit cards. These represent the only payment methods which can be accepted by the site. Whilst every effort is made to ensure the protection and safety of your credit card transaction, UlsterTrader.com cannot accept liability for any damage or loss incurred as a result of using the secure payment mechanism.
All quoted prices are subject to review
Order Confirmation
Upon completion of the payment process, you will be forwarded to a confirmation page and your advertisement will be listed onto UlsterTrader.com. In normal circumstances your advertisement will be viewable by logging on the web site within an hour.
We place private ads on third party sites on a best-efforts basis. Some ads may not be accepted on third party sites due to the nature of restrictions on those sites and content limits that may be reached at any time. You should contact us in advance of placing an ad if you wish to be advised of these restrictions.
Removing your Advert
Deactivations made after the advert has been paid for will not result nor will they be eligible for a refund. Once the advert is deactivated and assuming normal circumstances your advertisement will be removed from the web site within an hour. Adverts which have been submitted to third party sites may take a week or longer to be deactivated.
Liability
From time to time it is necessary for UlsterTrader.com to carry out routine maintenance and service of its equipment and servers. Whilst UlsterTrader.com endeavours to keep any disruption to a minimum, it does not guarantee that the advertisement will be continuously available on-line for the duration of the advert.
If for whatever reason an advertisement does not appear on the web site despite the user receiving confirmation, the customer will be entitled a refund of the advertisement price. UlsterTrader.com's liability for breach of contract or negligence shall not exceed an amount equal to the price of the advert or series of adverts involved. However, if the omission, cancellation or mismatch of the advertisement is caused by unforeseen circumstances beyond the reasonable control of UlsterTrader.com or by the breach of contract by the customer then any refund will be withdrawn. UlsterTrader.com retains the right to remove any advertisement at any time, at our sole discretion.
Where they form a part the laws of Ireland shall govern the terms and conditions of this contract.
All rights, including copyright, in the content of these web pages and in the photographs of any vehicles displayed on the site from time to time and all database rights in our database of vehicles, are controlled or owned for these purposes by us.
All trademarks, logos, and names are the proprietary marks of us or of our associated companies. Any marks identifying third parties are owned or licensed by those third parties or their associated companies. In no way does the content of these terms and conditions confer on you any licence or right under any trademarks, logos or names.
UlsterTrader.com will safeguard all details supplied to us in conjunction with your on-line advertisement both by the Data Protection Act and our Privacy Policy.