1. We (Centro Consulting Limited or ‘Centro’) provide the bmwstocklocator.net website. We are a limited company registered in England and Wales (registration number 06904672) and our registered office is at Furness Vale Business Centre, Calico Lane, Furness Vale, High Peak, SK23 7SW, United Kingdom.
3. We legally and our Partners own a wide range of intellectual property rights used in and relating to the Centro Websites, including:
a. each of the trade marks BMW, Centro Consulting
b. in all the software used in relation to the Centro Websites, other than that which we use under licence.
4. bmwstocklocator.net also has information supplied by other organisations, including information about:
a. used vehicle details and associated images
5. bmwstocklocator means the website and functionality located at https://bmwstocklocator.net/
a. In addition to the Conditions, use of bmwstocklocator is further governed by the terms and conditions set out at https://bmwstocklocator.net/?view=terms.
b. bmwstocklocator is a platform hosting listings of vehicles offered by third party sellers for sale, and connecting buyers and sellers of vehicles.
c. Centro does not have possession of any vehicle listed on bmwstocklocator and shall not be involved in the actual transaction between buyers and sellers other than as a channel for communications between buyers and sellers. Nothing on bmwstocklocator, the functionality or bmwstocklocator or in these terms shall be taken as an invitation to treat, offer or acceptance for the purchase or sale of a vehicle.
d. Centro has no control over and does not guarantee or warrant: (1) the correctness or accuracy of vehicle listing and valuations; (2) the existence, quality, safety or legality of vehicles advertised on bmwstocklocator; (3) the truth or accuracy of listings; (4) the ability of sellers to sell vehicles; (5) the ability of buyers to pay for vehicles; or (6) that a buyer or seller will actually complete a transaction. Any such guarantee or warranty shall be excluded to the extent permissible by law.
e. The following data, which may be personal data, is collected by bmwstocklocator, Centro and it’s Partners (including BMW, BMW’s international importers), and is necessary to deliver the functionality of bmwstocklocator: name, email address, phone number, address, vehicle VRM, vehicle make, vehicle model, vehicle mileage, and vehicle valuation (“bmwstocklocator data”). Interest in buying or selling a vehicle can be inferred from the bmwstocklocator. You consent to Centro and it’s Partners processing the bmwstocklocator Data for the purpose of delivering the functionality of bmwstocklocator.
7. For the purpose of these Conditions, the term “Centro Websites” refers collectively to the following Centro websites and the term “Centro Website” refers to any one of the following:
a. bmwstocklocator (“bmwstocklocator”);
8. including any other website we may own or run from time to time that links through to these Conditions.
9. If you use any part of the Centro Websites you agree to these Conditions. If you do not want to agree to these Conditions, do not use the Centro Websites.
10. When you buy products or services via any of the Centro Websites, the products or services you buy may be subject to other terms and conditions, guidelines and policies and you should carefully read through any such terms and conditions.
11. We may change these Conditions at any time without giving you notice. Please check these Conditions from time to time for any changes. By continuing to use a Centro Website you agree to all the changes we make to these Conditions.
11. Where any of the Centro Websites allow you to:
a. order goods and services;
b. contact the organisations that provide these goods and services; or
12. we may limit your access to all or some parts of the Centro Websites at any time without notice.
13. Subject to these conditions, we shall endeavour to:
a. make the Centro Websites available; and,
14. You cannot use a Centro Website:
a. for any unlawful purpose;
b. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us or any other company;
c. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
d. in a way that affects how it is run;
e. in a way that imposes an unreasonable or disproportionably large burden on our communications and technical systems as determined by us;
f. to tamper with, update or change any part of the Centro Websites;
g. use any automated means to monitor or copy the Centro Websites or their content, or
h. to interfere with or attempt to interfere with how a Centro Website works.
15. You must not artificially increase the number of click counts or click-throughs for any vehicle or partner, including by:
a. any manual means (such as repeatedly clicking on vehicles or refreshing pages);
b. any automated means (such as computer-generated search requests or similar devices); or
c. asking someone to carry out these activities (including by offering any benefit or incentive).
16. We have the right to investigate your online activities, with Centro for ‘click-fraud’ or any similar activity. You agree to provide reasonable help with these matters.
17. We may suspend and have the right to modify all or any part of the Centro Websites, (including any services or products that we offer on the Centro Websites) or your access to them, at any time without telling you beforehand. We won’t be responsible to you for any changes we make or for ceasing operation of all or any part of the Centro Websites. In doing so we will endeavour not to diminish the value of any products or services that we offer to any material degree.
18. We may suspend or cancel your use of the Centro Websites:
a. you do not keep to these Conditions;
b. you use the Centro Websites in an inappropriate or unreasonable way;
c. we suffer from any event or circumstance which is beyond our reasonable control or which we could not reasonably be expected to have taken into account at the date of commencing to provide the Centro Websites to you, and which results in or causes our failure to perform any or all of our obligations under these Conditions (including, without limitation, any act of God, lightning, fire, storm, flood, earthquake, act of the public enemy, war declared or undeclared, threat of war, terrorist act, blockade, revolution, riot, insurrection, civil commotion, industrial action, public demonstration, strike, sabotage, act of vandalism or explosion); or
19. Please be aware of the following:
a. You use the website at your own risk.
b. We advise you to make sure you are satisfied with the exact type and nature of goods or services being offered by any organisations you search for using the Database. We also recommend that you check the qualifications of people, companies and organisations offering the goods or services. We are not an agent for and do not give guarantees for these organisations or their goods and services;
c. You should not rely on the website for advice;
We cannot guarantee the accuracy of the results of any search made via the Centro Search Tool;
d. The Centro Websites may contain hyperlinks to websites run by companies other than Centro Consulting Limited. We do not control, and are not responsible for, any other websites made available from or through Centro Websites. We do not give any guarantees about their content or how they work. You access and use these sites at your own risk and will need to keep to any conditions of use that apply to those sites. We do not approve or sponsor any products, services or content you access or buy through these websites.
20. As far as the relevant laws allow, neither we nor any other members of our group of companies, shareholders, officers, shareholders, staff or other organisations connected to us (collectively, ‘Centro Personnel’) give you any guarantees that:
a. there will be no problems with how you use Centro Websites; or
b. the computer or server you use to log on to Centro Websites is free of viruses or other harmful programmes.
21. You acknowledge and agree that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of the Centro Websites. We will take all commercially reasonable steps to minimise any such periods of interruption or non-availability.
22. You acknowledge and agree that we make no warranty and give no representation of any kind in relation to third party data and we accept no responsibility or liability for inaccuracy in or arising out of third party data.
23. Nothing in these Conditions shall limit or exclude liability in respect of death or personal injury caused by negligence, or fraudulent misrepresentation.
24. Under no circumstances will the Centro Personnel or any other organisation involved in creating, producing, maintaining or distributing the Centro Websites be liable for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
a. loss of revenue
b. loss of actual or anticipated profits (including for loss of profits on contracts);
c. loss of anticipated savings;
d. loss of business;
e. loss of opportunity;
f. loss of goodwill;
g. loss of reputation;
h. loss of, damage to or corruption of data or software;
i. wasted expenditure; or
j. any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in Clauses 24a to 24f).
25. If we do not keep to these Conditions, we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other loss whether they are because we have not kept to our obligations or contract, because of our negligence, due to defamatory statements or liability for a product or service or otherwise as a result of:
a. using or relying on the Centro Websites;
b. not being able to use the Centro Websites;
c. any mistake, fault, failure to do something, missing information, or virus on the Centro Websites or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
d. theft, destruction of information or someone getting access to our records, programs or services without our permission;
e. goods, products, services or information received through or advertised on Centro Websites or any links provided by Centro Websites; or
f. any information, data, message or other material which you post, upload, reproduce, send, or otherwise distribute or receive using the Centro Websites.
26. You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any of your representations, warranties or obligations set out in these Conditions.
27. Failure of either party to assert its rights in relation to any breach of these conditions shall not constitute a waiver of such rights, nor will any such waiver be implied.
28. Each provision of these conditions shall be construed separately and shall be severable from these Conditions. If any provision of these conditions (or portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these conditions will not be affected or impaired.
29. A person who is not a party to these Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Conditions.
30. These Conditions constitute the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior discussions, agreement or understanding between you and us.
31. The laws of England and Wales apply to your use of the Centro Websites and these Conditions. We control the Centro Websites from within the United Kingdom. However, you can get access to the Centro Websites from other places around the world. Although these places may have different laws from the laws of England and Wales, by using the Centro Websites you agree that the laws of England and Wales will apply to everything relating to you using a Centro Website and you agree to keep to these laws. We have the right to take you to court in the country you live in.