Terms & Conditions

Website Terms of Use

 

This website (www.newcardiscounts.ie) (the “Website”) is owned and operated by New Car Discounts Limited with its registered office at Chase House, City Junction Business Park, Northern Cross, Malahide Road, Dublin 17 (hereinafter “New Car Discounts Limited, we, or us”).

 

  1. Your Acceptance of these terms of use

 

These terms of use set out the terms and conditions governing your access to and use of the Website and the services provided thereon. By accessing and/or using the Website, you accept these terms of use in full and agree to be bound by the terms and conditions contained herein (the “Agreement”).    If you disagree with these terms of use or any part of these terms of use, please immediately leave the Website, do not use the Website and do not avail of the services. By continuing to use the Website you are accepting these terms of use and agreeing to be bound by these terms of use pursuant to the Agreement.  New Car Discounts Limited reserves the right at any time and from time to time, to amend or modify these terms of use (or any part thereof) and you agree to be bound by such modified Agreement. You hereby irrevocably confirm and agree that it shall be your sole responsibility to regularly review these terms and conditions which are accessible on the Website. You further irrevocable agree that your continued use of the Website constitutes an acceptance by you of any modification to the Agreement and constitutes your express consent to be bound by the terms of use applicable to the Agreement. 

 

  1. Registered Users

 

The Website is for the use of residents of the Republic of Ireland. To register as a user you must be resident in the Republic of Ireland, be at least 18 years old, be a private individual acting in a personal capacity, provide valid contact information and accept and agree to be bound by these terms of use (“Registered Users”). Residents of other countries may access and use the Website however they do so at their own risk and it is their sole responsibility to ensure that by accessing and using the Website they do not contravene any applicable laws. New Car Discounts Limited reserves the right to refuse to register any person and/or company or entity as a Registered User for any reason whatsoever and without any requirement to furnish a reason or reasons. New Car Discounts Limited cannot accept registrations from users residing outside the Republic of Ireland.

 

All Registered Users hereby warrant and confirm to New Car Discounts Limited that they are not registering and/or have not registered on behalf of a company, business or agency.

 

  1. Services:

 

New Car Discounts Limited do not sell cars. The Website provides a means for any dealer registered with New Car Discounts Limited (the “Dealer”) to provide offers to Registered Users for cars which they are entitled to sell.

 

Any transaction made between Registered Users and Dealers is a matter entirely between those parties and any resulting legal contract is between those parties and does not involve New Car Discounts Limited and/or the Website in anyway.

  

The Website is intended to operate as follows:

  1. Registered Users post their new car requirements and preferences. New Car Discounts Limited are hereby irrevocably authorised by you to share this information with Dealers.
  2. Dealers have the option, at their sole discretion, to offer a price, delivery time and an outline of likely cost for any other requirements the Registered User may have. New Car Discounts Limited retains discretion to moderate any Dealer offers.
  3. On receipt of relevant offers New Car Discounts Limited will email the Registered User with the details of the best discount received in relation to the Registered User’s query.
  4. If you, as the Registered User wish to proceed on the basis of this quote you should click “Proceed”. In order to proceed you will be required to confirm again that you have read and accept these terms of use.
  5. New Car Discounts Limited will then provide your details to the relevant dealer who may, at their sole discretion, contact you.

 

New Car Discounts Limited cannot guarantee that a Registered User will receive any offer at all nor how many offers a Registered User may receive. New Car Discounts Limited provides no guarantee as to how quickly any offers that may be made will be received. New Car Discounts Limited offers no guarantee or assurance that the Website will operate in the manner outlined at 1 -5 above and New Car Discounts Limited accepts no liability should the Website not operate in this manner. Use of the Website is solely at your own risk.

 

New Car Discounts Limited reserves the right, at its sole discretion and without assigning any reason, to remove or disable access to any user  and/or Registered User for any reason at any time

 

  1. Registered User Contact Details:

 

Registered Users cannot include or give their contact details directly to a dealer in order to arrange a sale outside the Website save with the express prior written consent of New Car Discounts Limited.

 

  1. Fees:

 

The Website is free to use for Registered Users. There are no charges applicable to the use of the Website by a Registered User at any stage, whether a car is eventually bought through a Dealer or not.

 

  1. The Website Intellectual property

 

Save where expressly stated otherwise, New Car Discounts Limited or its licensors own the intellectual property rights in and to the Website and all material on the Website.  Subject to the licence below, all these intellectual property rights are reserved and remain the exclusive property of New Car Discounts Limited.

 

You hereby acknowledge that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business 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 Website (the 'Intellectual Property') are solely owned by New Car Discounts Limited. You may not 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. All other trademarks, product names and company logos cited herein are the property of their respective owners.

All web site design, text, graphics, the selection and arrangement thereof and all software are copyright of NEW CAR DISCOUNTS LIMITED. ALL RIGHTS RESERVED

Except as expressly permitted by this Agreement, 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. 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.

 

  1. Acceptable use

 

You agree not to use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You agree not to use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You agree not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent.

 

You agree not to use the Website to transmit or send unsolicited commercial communications. You hereby acknowledge and warrant to New Car Discounts Limited that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. 

 

 

 

You may view, download, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in this Agreement. 

 

You agree not to:

(a)   re-publish material from the Website in full (including republication on another website);

(b)   sell, rent or sub-license material from the Website;

(d)   re-produce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;

(e)   edit or otherwise modify any material on the website; or

(f)   re-distribute material from the Website except for content specifically and expressly made available for redistribution.


You agree not to use the Website in any manner which would damage, disable, overburden or impair the Website or interfere with any other party's use and enjoyment of the Website and you may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Website. 

Access to certain areas of the Website is/ may be restricted.  We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our sole discretion.

 

If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or services, you must ensure that that user ID and password is kept confidential. 

 

We may disable your user ID and password at any time at our sole discretion without notice or explanation.

 

  1. User generated content

 

In this Agreement, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our Website, for whatever purpose.

 

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

 

Your user content (and its publication on the Website) must not:

 

  1. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  2. infringe any right of confidence, right of privacy, or right under data protection legislation;
  3. infringe or constitute a breach of any applicable law in any jurisdiction whatsoever;
  4. constitute negligent advice or contain any negligent statement;
  5. constitute an incitement to commit a crime;
  6. be in contempt of any court, or in breach of any court order;
  7. be in breach of racial or religious hatred or discrimination legislation;
  8. be blasphemous;
  9. be in breach of any contractual obligation owed to any person;
  10. depict violence in an form and in particular in an explicit, graphic or gratuitous manner;
  11. be pornographic or sexually explicit;
  12. be untrue, false, inaccurate or misleading;
  13. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  14. constitute spam;
  15. cause annoyance, inconvenience or needless anxiety to any person.
  16. be obscene or indecent;
  17. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
  18. be libellous or maliciously false;

 

Your user content must be appropriate and accord with generally accepted standards of content on the internet.

 

You must not use the Website to link to any website or web page consisting of or containing material that would, were it posted on the Website, breach the provisions of this Agreement. You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

We reserve the right to edit or remove any material submitted to the Website, or stored on our servers, or hosted or published upon our website.

 

You hereby agree and warrant that you will not publish, post, upload, distribute or disseminate any material or information on the Website 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 images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable and facilitates or promotes illegal activity, depicts sexually explicit images or promotes violence or discrimination. If you publish, post, upload, distribute or disseminate any such content you hereby expressly consent to New Car Discounts Limited providing all details that we have about you to all relevant authorities.

You hereby agree to indemnify and keep indemnified and hold harmless New Car Discounts Limited its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from any such publication, posting, uploading, distribution or dissemination of any such material or information on the Website.

 

New Car Discounts Limited do not, pursuant to this Agreement, undertake to monitor the submission of user content to, or the publication of such content on, the Website.

 

  1. Limited warranties

You hereby unequivocally acknowledge that some information published on the Website is submitted by users. You hereby further acknowledge that New Car Discounts Limited do not usually review, approve or edit information published by users of the Website.  New Car Discounts Limited do not provide any warranties whatsoever as to the completeness or accuracy of the information published on the Website; nor does it commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.

 

To the maximum extent permitted by law New Car Discounts Limited hereby excludes all representations, warranties and conditions relating to the Website and the use of the Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

  1. Limitations and exclusions of liability

 

The limitations and exclusions of liability set out in this Section and elsewhere in this Agreement govern all liabilities arising under this Agreement or in relation to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

To the extent that the Website and the information and services on the Website are provided free-of-charge, New Car Discounts Limited accepts no liability for and will not be liable to you in any respect for any loss or damage of any nature.

 

New Car Discounts Limited accepts no liability for and will not be liable to you:

 

  1. in respect of any losses arising out of any event or events beyond our reasonable control.
  2. in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
  3. in respect of any loss or corruption of any data, database or software.
  4. in respect of any special, indirect or consequential loss or damage.

 

New Car Discounts Limited shall 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 contract, negligence or other tortious action) that results from the use of information and material available on the Website. Although rigorous protocols are applied to the Website, New Car Discounts Limited, does not make any warranty that the Website is free from infection by viruses or anything else that has contaminating properties. New Car Discounts Limited does not accept any liability for any losses or claims arising from any inability to access the Website.

 

You accept that New Car Discounts Limited has an interest in limiting the personal liability of our officers and employees.  Having regard to that interest, you accept that we are a limited liability entity and irrevocably agree that you will not bring any claim personally against individual officers or employees in respect of any losses you may suffer in connection with the Website or this Agreement.  

 

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on the Website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you irrevocably agree that you will not seek to hold nor hold New Car Discounts Limited, its officers, employees or agents liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

 

Nothing in this Agreement will operate to:

 

  1. limit or exclude any parties liability for death or personal injury resulting from negligence;
  2. limit or exclude any parties liability for fraud or fraudulent misrepresentation;
  3. limit or exclude any parties  liabilities in any way that is not permitted under applicable law.

 

  1. Disclaimer

 

The material and information contained in the Website including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips may contain inaccuracies and typographical errors. New Car Discounts Limited does not warrant as to the accuracy or completeness of the materials or information or the reliability of any advice, opinion, statement or other information displayed or distributed on or through the Website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your sole risk. New Car Discounts Limited reserves the right at its sole discretion to correct any errors or omissions in any portion of the Website. 

All vehicles are subject to prior sales. The Website and the information and material on the Website are provided 'as is' without any representation or warranty, express or implied, of any kind, including, but not limited to warranties regarding merchantability, non-infringement, fitness for any particular purpose and title. 


New Car Discounts Limited does not make nor does it provide any warranty, guarantee nor any other representation regarding the quality of, or assurance of, any advertisement or any merchandise, product or service offered or provided by third party companies, including Dealers on or through the Website. New Car Discounts Limited shall not be liable for any failure to perform any of its obligations under this Agreement where such failure is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.

 

  1. Indemnity

 

You hereby agree to indemnify New Car Discounts Limited, its officers, employees and agents  and you irrevocably undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal costs and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by New Car Discounts Limted arising out of any breach by you of any provision of this Agreement, or arising out of any claim that you have breached any provision of this Agreement. You hereby further agree to indemnify and keep indemnified New Car Discounts Limited, its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the information and material posted on the Website or resulting from any breach of this Agreement whether such breach is carried out by you, your use of the Website, your connection to the Website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against New Car Discounts Limited or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from your access to or use of the website. 

 

  1. Breaches of this Agreement

 

Without prejudice to our other rights under this Agreement if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may take such action as we deem necessary which may include:

 

  1. sending you one or more formal warnings;
  2. temporarily suspending your access to the Website;
  3. permanently prohibiting you from accessing the Website and deleting you as a Registered User;
  4. contacting Dealers and advising them of your breach;
  5. blocking computers using your IP address from accessing the Website;
  6. contacting your internet services provider and requesting that they block your access to the Website;
  7. taking court proceedings against you for breach of contract or otherwise;
  8. suspending and/or deleting your account with the Website;
  9. Contacting the relevant authorities; and/or
  10. deleting and/or editing any or all of your user generated content.

 

Should we suspend or prohibit or block your access to the Website or a part of the Website, you hereby agree that you will not take any action to circumvent such suspension or prohibition or blocking (including without limitation registering as a Registered User again (whether under a different name or not).

 

  1. Hyperlinks

The Website includes hyperlinks to other websites owned and operated by third parties. We have no control over the contents of third party websites, and we accept no responsibility for them or their content nor for any loss or damage that may arise from your use of them.

 

  1. Trademarks

 

New Car Discounts and our logo are trademarks belonging to us.  [EB1] We give no permission for the use of these trademarks or any other registered or unregistered intellectual property owned by New Car Discounts Limited, and any such use may constitute an infringement of our rights. 

 

All other registered and unregistered trademarks, service marks or intellectual property on the Website are the property of their respective owners. Unless stated otherwise, New Car Discounts Limited does not endorse and is not affiliated with any of the holders of such rights and as such cannot grant any licence to use or exercise such or any rights in respect of same.

  

  1. Variation

 

We may revise these terms of use and this Agreement from time-to-time. Revised terms of use will apply to the use of the Website from the date of the publication of the revised terms of use on the Website.  Please check this page regularly to ensure you are familiar with the current version. You hereby agree that any such revised terms of use are incorporated into this Agreement which shall continue to be binding as against you.

New Car Discounts Limited reserves the right at any time and from time to time to modify or discontinue, either temporarily or permanently, the Website (or a part thereof) with or without notice. You irrevocably agree that New Car Discounts Limited shall have no liability to you or to any third party for any modification, suspension or discontinuance of the Website. 

Your further hereby irrevocably agree and confirm that New Car Discounts Limited shall have no liability to you or any third party should New Car Discounts Limited exercise its right to modify or discontinue the Website. 

  1. Assignment

 

New Car Discounts Limited may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement save with the prior written consent of New Car Discounts Limited, its successors or assigns. 

 

  1. Severability and Invalidity

 

Should any provision of this Agreement be determined by any court or other competent authority to be unlawful and/or unenforceable, all other provisions shall continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted or amended, then that part will be deemed to be deleted or so amended, and the rest of the provision/ the amended provision will continue in full force and effect.

 

If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect. 

 

  1. Exclusion of third party rights

The terms of use set out in this Agreement are for the benefit of both parties, and are not intended to, nor shall they, benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to this Agreement is not subject to the consent of any third party.

 

  1. Entire agreement

 

This Agreement together with our privacy policy [INSERT LINK TO PRIVACY POLICY], constitutes the entire Agreement between you and New Car Discounts Limited and supercedes any prior agreements, arrangements, statements and understandings between New Car Discounts Limited and you. 

 

  1. Waiver

 

A waiver by New Car Discounts Limited of any breach by you of any of the terms, provisions or conditions of this Agreement or the acquiescence of New Car Discounts Limited to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto. 

 

  1. Dissatisfaction

 

If you are dissatisfied with the Website or any information posted thereon, or with any term or condition of this Agreement, your sole and exclusive remedy is to discontinue using the Website. 

 

  1. Governing Law

 

This Agreement shall be governed by Irish law and you hereby consent to the exclusive jurisdiction of the Irish courts in all matters regarding it.

 

 Our details

The full name of our company is New Car Discounts Limited

Registered in Ireland under registration number 532105

Our registered address is at: Chase House, City Junction Business Park, Northern Cross, Malahide Road, Dublin 17. 

You can contact us by email – info@newcardiscounts.ie

 

Website Disclaimer

The information contained in this Website is for general information purposes only. The information is provided by New Car Discounts Limited and we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose.

 Any reliance you place on such information is strictly at your own risk.

In no event will New Car Discounts Limited be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.