Summary

We recognise that terms and conditions are not always the most enjoyable, or easiest of things to read, but they are important and you should read the full terms and conditions in detail before accepting them.

Here are some brief highlights about what is included:

  • That you must comply with these terms and conditions, which include our Acceptable Use Policy and our Privacy & Cookies Policy.
  • That access to the API Service is via a paid monthly subscription (although we may also offer you a free trial before your first payment is taken).
  • That we offer different subscription levels and each provides access to different functionality, including a quota for the number of API queries you can make each month. Each subscription level has a different fee.
  • That you agree that we can initiate a payment each month for the cost of each subscription. Payments are processed via our Payment Provider (Stripe) and we will share some of your details with them for the purpose of processing payments. 
  • That you can develop an integration with our API Service (so long as you’ve created an account and your subscription payments are up to date).
  • That you must not misuse our Website or API Service, must not scrape our Website or API Service and must not cache the API Service data that you’re not allowed to.
  • That our API Service is provided as an advisory service and we don’t provide any warranty for the accuracy of the data or search responses. We also don’t provide any guarantee of service availability.
  • That we and our licensors own the data. We own the copyright and Intellectual Property rights of this site and API Service (including any trademarks, logos and names).
  • That we use cookies; we also provide details about how we store and process your data.

 

Terms and conditions of use

References in these terms and conditions to "you" are to any individual user (or, if used for a business purpose or organisational project, the person, company or other legal entity that operates that business or organisational project), of the Website and/or of the API Service (and "your" should be construed accordingly); references in these terms and conditions to "us" are to My Buggy My Car Limited,  a company registered in England and Wales with company number 11511022 having its registered office at 4a, 1 Water Lane, Totton, Southampton SO40 3DP (and "we" and "our" should be construed accordingly).

  1. Definitions
    1. In these terms and conditions, except to the extent expressly provided otherwise:
      • "Access Credentials" means the usernames, passwords and other credentials enabling access to the API Service;
      • "API Service" means the application programming interface defined by us and made available by us to you;
      • "Business Day" means any weekday other than a bank or public holiday in England;
      • "Business Hours" means the hours of 09:00 to 17:00 GMT/BST on a Business Day;
      • "Fees" means any subscription fees or other charges payable by you in respect of the API Service;
      • "Force Majeure Event" means an event, or a series of related events, that is outside our reasonable control (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, epidemics or pandemics, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
      • "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
      • “Quota” has the meaning set out in Section 10.4;
      • “Subscription Plan” means a package of API Service features, including a Quota of searches to which you subscribe after opening an account on our Website; and
      • "Website" means this website.
  2. Introduction
    1. These terms and conditions shall govern your use of our Website and any API Service to which you subscribe.
    2. You must comply with the Acceptable Use Policy at Schedule 1, which is incorporated by reference into these terms and conditions.
    3. Our Privacy and Cookies Policy, which explains how we will handle your personal data as a user of our Website and/or the API Service, can be found at Schedule 2.
    4. By using our Website or API Service, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, including the Acceptable Use Policy at Schedule 1, you must not use our Website or API Service.
    5. If you register with our Website or subscribe to the API Service, we will ask you to expressly agree to these terms and conditions.
    6. You must be at least 18 years of age to register on our Website or use the API Service; by registering on our Website or subscribing to the API Service, you warrant and represent to us that you are at least 18 years of age.
    7. Our API Service is advisory and, subject to Sections 14 and 15, we do not warrant for accuracy or availability of the data ‌or search responses provided by the API Service.
  3. Copyright notice
    1. Copyright © 2020-2021 My Buggy My Car Limited.
    2. Subject to the express provisions of these terms and conditions:
      1. we, together with our licensors, own and control all the copyright and other Intellectual Property Rights in our Website and the API Service, the material on our Website and the API Service; and
      2. all the copyright and other Intellectual Property Rights in our Website and the API Service, the material on our Website and the API Service, are reserved.
    3. Nothing in these terms and conditions shall operate to assign or transfer any Intellectual Property Rights from us to you, or from you to us.
  4. Permission to Use Website and API Service
    1. You may:
      1. view pages from our Website in a web browser;
      2. download pages from our Website for caching in a web browser;
      3. print pages from our Website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
      4. access the API Service; and
      5. develop a system-to-system integration to the API Service.
      subject to the other provisions of these terms and conditions.
    2. Except as expressly permitted by Section 1 or the other provisions of these terms and conditions, you must not download any material from our Website or save any such material to your computer.
    3. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Website.
    4. You may only use our Website or API Service for your own personal and business purposes; you must not use our Website or API Service for any other purposes.
    5. Developer documentation with sample code is made available to API Service subscribers.  You can use this documentation to aid your understanding of the API Service and build any custom integrations you may require.  For the avoidance of doubt, it is your responsibility to arrange the development of any integration and we are unable to provide material support for your developments.
    6. When you subscribe to the API Service, we will provide you with the Access Credentials necessary for you to access and use the API Service by means of web-connected system or web browser, limited to the capabilities provided in respect of your Subscription Plan. In doing so we grant to you a non-exclusive licence to use the API Service for your own personal and business purposes.
    7. Except to the extent expressly permitted in these terms and conditions or required by law on a non-excludable basis, the licence granted by us to you under Section 2 is subject to the following limitations:
      1. the API Service may only be used through a web-connected system capable of consuming our data;
      2. the API Service may only be used by you, using the Access Credentials granted to you upon payment of the Fees and for as long as you remain a subscriber to the API Service; and
      3. the API Service may only be used by an application or applications controlled by you.
      4. you must not sub-license your right to access and use the API Service;
      5. you must not permit any unauthorised person or application to access or use the API Service;
      6. you must not attempt to reverse engineer or copy our Website or API Service for any purpose, including that of creating a competing product or similar service;
      7. you must not conduct or request that any other person conduct any load testing or penetration testing on the API Service without our prior written consent; and
      8. You shall implement and maintain reasonable security measures relating to the Access Credentials to ensure that no unauthorised person or application may gain access to the API Service by means of the Access Credentials.
    8. We shall use all reasonable endeavours to maintain the availability of the API Service to you at the gateway between the public internet and the network of our hosting services provider for the API Service, but do not guarantee 100% availability.
    9. You must not cache any data or messages returned as part of a valid search query against the API Service. ‌
    10. For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of these terms and conditions:
      1. a Force Majeure Event;
      2. a fault or failure of the internet or any public telecommunications network;
      3. a fault or failure of your computer systems or networks;
      4. any breach by you of these terms and conditions; or
      5. scheduled maintenance carried out in accordance with these terms and conditions.
    11. For the avoidance of doubt, you have no right to access the software code (including object code, intermediate code and source code) of our Website and API Service, either before, during or after the term of your subscription.‌
  5. Misuse of Website and API Service
    1. You must not:
      1. use our Website or API Service in any way or take any action that causes, or may cause, damage to the Website or API Service or impairment of the performance, availability, accessibility, integrity or security of the Website or API Service;
      2. use our Website or API Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. hack or otherwise tamper with our Website or API Service;
      4. probe, scan or test the vulnerability of our Website or API Service without our permission;
      5. circumvent any authentication or security systems or processes on or relating to our Website or API Service;
      6. use our Website or API Service 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;
      7. impose an unreasonably large load on our Website or API Service resources (including bandwidth, storage capacity and processing capacity);
      8. decrypt or decipher any communications sent by or to our Website or API Service without our permission;
      9. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website or API Service without our express written consent;
      10. access or otherwise interact with our Website or API Service using any robot, spider or other automated means;
      11. use our Website or API Service except by means of our public interfaces;
      12. attempt to reverse engineer or copy our Website or API Service for any purpose, including that of creating a competing product or similar service;
      13. violate the directives set out in the robots.txt file for our Website or API Service;
      14. use data collected from our Website or API Service for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
      15. do anything that interferes with the normal use of our Website or API Service.
    2. You must not use data collected from our Website or API Service to contact individuals, companies or other persons or entities.
    3. You must ensure that all the information you supply to us through our Website or API Service, or in relation to our Website or API Service, is true, accurate, current, complete and non-misleading.
    4. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from our Website or API Service (including republication on another Website) except for any allowable information included in a valid API response;
      2. publish, republish or pass on any unique identifier that is returned by an API Service search that identifies a particular vehicle or buggy;
      3. sell, rent or sub-license material from our Website or API Service;
      4. show any material from our Website or API Service in public except for allowable information included in a valid API response;
      5. exploit material from our Website for a commercial purpose; or
      6. redistribute material from our Website.
    5. Notwithstanding Section 4, you may redistribute our newsletter in print and electronic form to any person.
    6. In the event that your subscription provides third-party affiliated links, you must not try to bypass or replace our affiliate identification.  For clarity, “affiliated” links contain our unique identifier that allows the third party to identify us for the purpose of sales tracking and awarding of commission payments.  You must not replace the affiliate identifier or otherwise prevent the third party from identifying us.
  6. Availability and Scheduled Maintenance
    1. We reserve the right to suspend or restrict access to our Website, to areas of our Website and/or to functionality upon our Website. We may, for example, suspend access to the Website during server maintenance or when we update the Website, or rate limit your access if, in our sole discretion, it imposes an unreasonably large load on our Website or server resources. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
    2. We may from time to time suspend the API Service for the purposes of scheduled maintenance, providing that such scheduled maintenance must be carried out in accordance with this Section 6.
    3. We shall make our best efforts to ensure that all scheduled maintenance on the API Service is carried out outside Business Hours.
  7. Use on Behalf of an Organisation
    1. If you use our Website or API Service or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
      1. yourself; and
      2. the person, company or other legal entity that operates that business or organisational project,
      to these terms and conditions.
  8. Registration and Accounts
    1. To be eligible for an account on our Website under this Section 8, you must be resident or situated in the United Kingdom.
    2. You may register for an account with our Website by completing and submitting the account registration form on our Website and clicking on the verification link in the email that the Website will send to you.
    3. You must not allow any other person to use your account to access the Website, or use any other person’s account to access the Website, unless you have been issued a shared set of credentials for access by your organisation.
    4. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
  9. User Login Details
    1. If you register for an account with our Website, you will be asked to choose a user ID and password.
    2. Your user ID must not be liable to mislead and must comply with the content rules set out in the Acceptable Use Policy; you must not use your account or user ID for or in connection with the impersonation of any person.
    3. To become a subscriber to our API Service, you must pay the applicable Fees for your chosen Subscription Plan after you have registered for an account with our Website. We will send you an acknowledgment of your order, and provide access to your API Access Credentials, to allow you to access the API Service.
    4. You must keep your password and Access Credentials confidential.
    5. If you become aware of any disclosure of your password and Access Credentials, you must immediately (a) notify us in writing and (b) change your password using our Website, or follow our instructions regarding using the issue of new Access Credentials.
    6. You are responsible for any activity on our Website arising out of any failure to keep your password or Access Credentials confidential and may be held liable for any losses arising out of such a failure.
  10.  Subscriptions
    1. You may be offered a free trial period under your Subscription Plan. In order to benefit from such a trial period, you will still have to submit payment details and will be automatically billed for your chosen Subscription Plan when the trial period ends, unless you cancel using the cancellation facility on our Website before the end date of the free trial period.
    2. For so long as your account and Subscription Plan remain active in accordance with these terms and conditions, you will benefit from the API Service features specified on our Website in relation to your Subscription Plan.
    3. Your Subscription Plan will specify the number of API Service searches you can undertake in a month (your “Quota”). We may, in our sole discretion, allow you to exceed this number on an occasional basis, but in the event that we do not do so then your access to the API Service will be restricted until the beginning of the next month unless you upgrade to a Subscription Plan that allows a higher Quota.
    4. If you submit an API Service search and we are unable to provide you with a legitimate response, then this will not count against your Quota.
    5. In the event that you upgrade to a Subscription Plan that allows a higher Quota, you will be charged immediately a pro-rated amount for the delta between your current Subscription Plan and the new Subscription Plan and you will be able to access new plan immediately.  If you downgrade to a Subscription Plan with a lower Quota, you will not be reimbursed for any prepaid Fees but you will retain access to your current Subscription Plan until the end of your then-current subscription period.
    6. We may from time to time vary the benefits associated with a Subscription Plan by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription using the cancellation facility on our Website, and we will refund to you any Fees paid to us in respect of any period of subscription after the date of such cancellation.
    7. At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the then-applicable Fees (which our payment provider will attempt to collect automatically via your stored payment method), unless you cancel the subscription using the cancellation facility on our Website before the date of renewal.
  11. Cancellation and Suspension of Account
    1. We may:
      1. edit your account details to the degree necessary to maintain their accuracy;
      2. temporarily suspend your account and/or Access Credentials; and/or
      3. cancel your account and revoke your Access Credentials,
      at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any Fees paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 11.1.
    2. We may suspend the provision of the API Service if any Fees due to be paid by you to us under these terms and conditions or the terms of your subscription are overdue. 
    3. You may cancel your account on our Website using your account control panel on the Website. You will not be entitled to any refund of Fees if you cancel your account in accordance with this Section 2. 
  12.  Fees
    1. The Fees in respect of our API Service will be as set out on the Website from time to time.
    2. All amounts stated in these terms and conditions or on our Website are stated inclusive of VAT.
    3. You must pay to us the Fees in respect of our API Service in advance, in cleared funds, in accordance with any instructions on our Website.
    4. We may vary Fees from time to time by posting new Fees on our Website, but this will not affect Fees for services that have been previously paid.
    5. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
    6. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
      1. an amount equal to the amount of the charge-back;
      2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
      3. an administration fee of GBP 25.00 including VAT; and
      4. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),
      and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 12.6.
    7. If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
    8. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
  13. Report Abuse
    1. If you learn of any unlawful material or activity on our Website, or any material or activity that breaches these terms and conditions, please let us know.
    2. You can let us know about any such material or activity by email at contact.us@mybuggymycar.com.
  14. Limited Warranties
    1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on our Website or via our API Service;
      2. that the material on the Website is up to date;
      3. that the Website or the API Service will operate without fault; or
      4. that the Website or the API Service will remain available.
    2. We reserve the right to discontinue or alter any or all of our API Service, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of our API Service, or if we stop publishing the Website, other than a refund of any prepaid Fees relating to the period after any discontinuation of the provision of the API Services.
    3. To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and API Service and the use of our Website and API Service.
  15. Limitations and Exclusions of Liability
    1. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
      1. are subject to Section 1; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    3. We shall not be liable to you in respect of any losses arising out of a Force Majeure Event.
    4. To the extent that our Website and the information and services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature.
    5. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    6. We will not be liable to you 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.
    7. We will not be liable to you in respect of any inaccurate data returned by the API Service.
    8. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    9. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    10. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website, the API Service or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
    11. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
      1. £75; and
      2. the total amount paid and payable by you to us under these terms and conditions in the month preceding the event or events giving rise to the liability.
  16.  Indemnity
    1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Website or the API Service or any breach by you of any provision of these terms and conditions.
  17. Force Majeure Event
    1. If a Force Majeure Event results in our failure or delay in performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the Force Majeure Event.
    2. If we become aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these terms and conditions, we will:
      1. promptly notify you;
      2. inform you of the period for which it is estimated that such failure or delay will continue; and
      3. take reasonable steps to mitigate the effects of the Force Majeure Event.
  18. Breaches of These Terms and Conditions
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      1. send you one or more formal warnings;
      2. temporarily suspend your access to our Website and/or the API Service;
      3. permanently prohibit you from accessing our Website and/or the API Service;
      4. block computers using your IP address from accessing our Website and/or the API Service;
      5. contact any or all of your internet service providers and request that they block your access to our Website and/or the API Service;
      6. commence legal action against you, whether for breach of contract or otherwise; and/or
      7. suspend or delete your account on our Website and/or the API Service.
    2. Where we suspend or prohibit or block your access to our Website or the API Service or a part thereof, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  19. Third Party Websites
    1. Our Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to Section 1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  20. Trade marks
    1. My Buggy My Car name, our typography, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
    2. Any third party registered and unregistered trade marks or service marks on our Website or in the API Service are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
  21. Variation
    1. We may revise these terms and conditions from time to time.
    2. We will give you written notice via email (sent to the email address registered to your account) of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our Website and API Service from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Website and API Service.
  22. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  23. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  24. Third Party Rights
    1. A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
  25. Entire Agreement
    1. These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Website and the API Service and shall supersede all previous agreements between you and us in relation to your use of our Website and the API Service.
  26. Law and Jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
  27. Statutory and Regulatory Disclosures
    1. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our Website. We recommend that you consider saving a copy of these terms and conditions for future reference.
    2. These terms and conditions are available in the English language only.
  28. Our Details
    1. This Website is owned and operated by My Buggy My Car Limited.
    2. We are registered in England and Wales under registration number 11511022, and our registered office is at 4a, 1 Water Lane, Totton, Southampton SO40 3DP.
    3. You can contact us:
      1. by post, to the postal address given above;
      2. using our Website contact form; or
      3. by email, using email address contact.us@mybuggymycar.com

 

SCHEDULE 1
ACCEPTABLE USE POLICY

  1. Introduction
    1. This acceptable use policy (the "Policy") sets out the rules governing: (a) the use of the Website and any successor website; (b) the use of the API Service; and (c) the content that you, or any person on your behalf, produce using the API Service (which we refer to below as "Content").
    2. By using the Website or the API Service, you agree to the rules set out in this Policy.
  2. General Usage Rules
    1. You must not use the Website or the API Service in any way that causes, or may cause, damage to the Website or API Service or impairment of the availability or accessibility of the Website or API Service.
    2. You must not use the Website or the API Service:
      1. in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
      2. in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
    3. You must ensure that all Content complies with the provisions of this Policy.
  3. Unlawful Content
    1. Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    2. Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any Intellectual Property Rights; (d) infringe any right of confidence, right of privacy or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; (g) be in contempt of any court, or in breach of any court order; (h) constitute a breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) constitute a breach of official secrets legislation; or (k) constitute a breach of any contractual obligation owed to any person.
    3. You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
  4. Graphic Material
    1. Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.
    2. Content must not depict violence in an explicit, graphic or gratuitous manner.
    3. Content must not be pornographic or sexually explicit.
  5. Factual Accuracy
    1. Content must not be untrue, false, inaccurate or misleading.
    2. Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
  6. Negligent Advice
    1. Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the API Service to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services.
    2. Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
  7. Etiquette
    1. Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
    2. Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
    3. Content must not be liable to cause annoyance, inconvenience or needless anxiety.
    4. You must not use the API Service to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
    5. You must not use the API Service for the purpose of deliberately upsetting or offending others.
    6. You must at all times be courteous and polite to other users of the API Service.
  8. Marketing and Spam
    1. You must not without our written permission use the API Service for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
    2. Content must not constitute or contain spam, and you must not use the API Service to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
    3. You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the API Service or that you find using the API Service.
    4. You must not use the API Service to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.
    5. You must not use the API Service in any way which is liable to result in the blacklisting of any of our IP addresses.
  9. Regulated Businesses
    1. You must not use the API Service for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
    2. You must not use the API Service for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.
    3. You must not use the API Service for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.
  10. Monitoring
    1. You acknowledge that we may actively monitor the use of the API Service.
  11. Data Mining
    1. You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the API Service.
  12. Hyperlinks
    1. You must not link to any material using or by means of the API Service that would, if it were made available through the API Service, breach the provisions of this Policy.
  13. Harmful Software
    1. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the API Service, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
    2. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the API Service, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

 

SCHEDULE 2
PRIVACY AND COOKIES POLICY

  1. Introduction
    1. We are committed to safeguarding the privacy of our Website visitors and API Service customers; in this policy we explain how we will handle your personal data.
    2. This policy applies where we are acting as a data controller with respect to your personal data; in other words, where we determine the purposes and means of the processing of that personal data.
    3. Our Website and API Service incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the collection, sharing and publication of your personal data. You can access the privacy controls via the profile page in the customer portal.
    4. We use cookies on our Website. Insofar as those cookies are not strictly necessary for the provision of our Website and API Service, we will ask you to consent to our use of cookies when you first visit our Website.
  2. The Personal Data that we Collect
    1. In this Section 2 we have set out the general categories of personal data that we process and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data.
    2. We may process data enabling us to get in touch with you ("contact data"). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you and/or your employer. If you log into our Website using a social media account, we will obtain elements of the contact data from the relevant social media account provider.
    3. We may process your Website user account data and Access Credentials ("account data"). The account data may include your account identifier, name, email address, business name, account creation and modification dates, Website settings and marketing preferences. The primary source of the account data is you and/or your employer, although some elements of the account data may be generated by our Website. If you log into our Website using a social media account, we will obtain elements of the account data from the relevant social media account provider.
    4. We may process information relating to our customer relationships ("customer relationship data"). The customer relationship data may include your name, the name of your business or employer, your job title or role, your contact details, your classification / categorisation within our customer relationship management system and information contained in or relating to communications between us and you, or between us and your employer. The source of the customer relationship data is you and/or your employer.
    5. We may process information relating to transactions, including purchases of subscriptions, that you enter into with us and/or through our Website ("transaction data"). The transaction data may include your name, your contact details, your payment card details (or other payment details) and the transaction details. The source of the transaction data is you and/or our payment services provider.
    6. We may process information contained in or relating to any communication that you send to us or that we send to you ("communication data"). The communication data may include the communication content and metadata associated with the communication. Our Website will generate the metadata associated with communications made using the Website contact forms.
    7. We may process data about your use of our Website and API Service ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system.
    8. We may process data about your use of the API Service ("API data"). This data may include searches performed (including buggy parameters, car make, model, year, derivative, registration/VRM used to perform a query), the number of queries performed and the date and time of each. The API data will be linked to account and/or usage data. The source of this data is you and our API Service.
  3. Purposes of Processing and Legal Bases
    1. In this Section 3, we have set out the purposes for which we may process personal data and the legal bases of the processing.
    2. Operations - We may process your personal data for the purposes of operating our Website, the processing and fulfilment of orders, providing the API Service, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website, API service and business.
    3. Publications - We may process account data for the purposes of publishing such data on our Website and elsewhere through our API Service in accordance with your express instructions. The legal basis for this processing is consent.
    4. Relationships and communications - We may process contact data, account data, customer relationship data, transaction data and/or communication data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our Website visitors, service users, individual customers and customer personnel, the maintenance of our relationships, enabling the use of the API Service, and the proper administration of our Website, API Service and business.
    5. Personalisation - We may process account data, usage data and/or API data for the purposes of personalising the content and advertisements that you see on our Website and through the API Service to ensure that you only see material that is relevant to you. The legal basis for this processing is our legitimate interests, namely offering the best possible experience for our Website visitors and service users.
    6. Direct marketing - We may process contact data, account data, customer relationship data and/or transaction data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, post and/or fax and making contact by telephone for marketing-related purposes. The legal basis for this processing is consent.
    7. Research and analysis - We may process usage data, transaction data and/or API data for the purposes of researching and analysing the use of our Website and API Service, as well as researching and analysing other interactions with our business. The legal basis for this processing is our legitimate interests, namely monitoring, supporting, improving and securing our Website, services and business generally.
    8. Record keeping - We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.
    9. Security - We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our Website, API Service and business, and the protection of others.
    10. Insurance and risk management - We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
    11. Legal claims - We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
    12. Legal compliance and vital interests - We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.
  4. Providing Your Personal Data to Others
    1. We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
    2. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.
    3. Your personal data held in our Website database will be stored on the servers of our hosting services providers.
    4. Financial transactions relating to our Website and API Service are handled by our payment services providers, Stripe. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services provider’s privacy policies and practices at https://stripe.com/gb/privacy.
    5. We may disclose contact data along with any other personal data contained in enquiries made through our Website or API Service to one or more of those selected third party suppliers of goods and/or services identified on our Website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the personal data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.
    6. In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
  5. International Transfers of Your Personal Data
    1. In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the United Kingdom and the European Economic Area (EEA).
    2. The hosting facilities for our Website are situated in United Kingdom, Germany and Ireland. The competent data protection authorities have made an "adequacy decision" with respect to the data protection laws of each of these countries.
    3. You acknowledge that personal data that you submit for publication through our Website or API Service may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
    4. Our customer management systems are hosted via a third party with servers in US, European Economic Area, India and Australia. The competent data protection authorities have made an "adequacy decision" with respect to the data protection laws of each of these countries.
  6. Retaining and Deleting Personal Data
    1. This Section 6 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
    2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
    3. We will retain your personal data as follows:
      1. contact data will be retained for a minimum period of 12 months following the date of the most recent contact between you and us, and for a maximum period of 36 months following that date;
      2. account data will be retained for a minimum period of 12 months following the date of closure of the relevant account, and for a maximum period of 48 months following that date;
      3. customer relationship data will be retained for a minimum period of 12 months following the date of termination of the relevant customer relationship and for a maximum period of 18 months following that date;
      4. transaction data will be retained for a minimum period of 12 months following the date of the transaction, and for a maximum period of 60 months following that date;
      5. communication data will be retained for a minimum period of 12 months following the date of the communication in question, and for a maximum period of 36 months following that date;
      6. usage data will be retained for minimum period of 6 months following the date of collection; and
      7. API data will be retained for a minimum period of 6 months following the date of collections, and for a maximum period of 60 months following that date.
    4. Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
  7. Security of Personal Data
    1. We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
    2. We will store your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.
    3. The following personal data will be stored by us in encrypted form: your name, contact information, password(s) and cardholder data.
    4. Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.
    5. You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
    6. You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our Website confidential and we will not ask you for your password (except when you log in to our Website).
  8. Your Rights
    1. In this Section 8, we have listed the rights that you have under data protection law.
    2. Your principal rights under data protection law are:
      1. the right to access - you can ask for copies of your personal data;
      2. the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data;
      3. the right to erasure - you can ask us to erase your personal data;
      4. the right to restrict processing - you can ask us to restrict the processing of your personal data;
      5. the right to object to processing - you can object to the processing of your personal data;
      6. the right to data portability - you can ask that we transfer your personal data to another organisation or to you;
      7. the right to complain to a supervisory authority - you can complain about our processing of your personal data; and
      8. the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.
    3. These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
    4. You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below.
  9. Third Party Websites
    1. Our Website and API Service includes hyperlinks to, and details of, third party websites.
    2. In general we have no control over, and are not responsible for, the privacy policies and practices of third parties.
  10. Personal Data of Children
    1. Our Website and API Service are targeted at persons over the age of 18.
    2. If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
  11. Updating Information
    1. Please let us know if the personal information that we hold about you needs to be corrected or updated.
  12. About Cookies
    1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
    2. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
    3. Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
  13. Cookies that we use
    1. We use cookies for the following purposes:
      1. authentication and status - we use cookies to identify you when you visit our Website and as you navigate our Website, and to help us determine if you are logged into our Website;
      2. shopping cart - we use cookies to maintain the state of your shopping cart as you navigate our Website;
      3. personalisation - we use cookies to store information about your preferences and to personalise our Website for you;
      4. security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our Website and API Service generally;
      5. advertising - we use cookies to help us to display advertisements that will be relevant to you;
      6. analysis - we use cookies to help us to analyse the use and performance of our Website and API Services; and
      7. cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.
  14. Cookies used by our Service Providers
    1. Our service providers use cookies and those cookies may be stored on your computer when you visit our Website.
    2. We may use Google Analytics. Google Analytics gathers information about the use of our Website by means of cookies. The information gathered is used to create reports about the use of our Website. You can find out more about Google's use of information by visiting https://www.google.com/policies/privacy/partners/  and you can review Google's privacy policy at https://policies.google.com/privacy.
    3. We may publish Google AdSense advertisements on our Website. The advertisements may be personalised to reflect your interests. To help determine your interests Google and its partners use cookies. The cookies are used to track your previous visits to our Website and your visits to other websites. You can opt out of Google's personalised advertising by visiting https://www.google.com/settings/ads and you can opt out of third party cookies use for personalised advertising by visiting http://www.aboutads.info. You can review Google's privacy policy at https://policies.google.com/privacy.
    4. We may use a Facebook pixel on our Website. Using the pixel, Facebook collects information about the users and use of our Website. The information is used to personalise Facebook advertisements and to analyse the use of our Website. To find out more about the Facebook pixel and about Facebook's use of personal data generally, see the Facebook cookie policy at https://www.facebook.com/policies/cookies/ and the Facebook privacy policy at https://www.facebook.com/about/privacy . The Facebook cookie policy includes information about controlling Facebook's use of cookies to show you advertisements. If you are a registered Facebook user, you can adjust how advertisements are targeted by following the instructions at https://www.facebook.com/help/568137493302217.
    5. We may use Mixpanel to analyse the use of our Website and API Service. This service uses cookies for analysing information about website usage. You can view the privacy policy of this service provider at https://mixpanel.com/legal/privacy-policy/.
    6. We may use Matomo to analyse the use of our Website and API Service. This service uses cookies for analysing information about website usage. This is a self-hosted solution by us and therefore subject to this privacy policy. For reference, the privacy policy of this software is available at https://matomo.org/privacy-policy/.
    7. We may use Hotjar to analyse the use of our Website. Hotjar gathers information about website use by means of cookies and session data in order to provide detailed use about how users navigate and use our site. The information gathered relating to our Website is used to create visual reports, heatmaps and records that show the use of our Website. You can view the privacy policy of Hotjar at https://www.hotjar.com/legal/policies/privacy and details of the cookies used by Hotjar at https://www.hotjar.com/legal/policies/cookie-information. Should you wish to opt out of all Hotjar tracking (not just for this site), you can use their Opt-Out tool at https://www.hotjar.com/legal/compliance/opt-out
  15. Managing Cookies
    1. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can, however, obtain up-to-date information about blocking and deleting cookies via these links:
      1. https://support.google.com/chrome/answer/95647 (Chrome);
      2. https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
      3. https://help.opera.com/en/latest/security-and-privacy/ (Opera);
      4. https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
      5. https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and
      6. https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge)
    2. Blocking all cookies will have a negative impact upon the usability of many websites.
    3. If you block cookies, you will not be able to use all the features on our Website.
  16. Cookie Preferences
    1. You can manage your preferences relating to the use of cookies on our Website by clicking here: Change your consent
  17. Amendments
    1. We may update this policy from time to time by publishing a new version on our Website.
    2. You should check this page occasionally to ensure you are happy with any changes to this policy.
    3. We may notify you of changes to this policy by email.
  18. Our Details
    1. This Website is owned and operated by My Buggy My Car Limited.
    2. We are registered in England and Wales under registration number 11511022, and our registered office is at 4a, 1 Water Lane, Totton, Southampton, SO40 3DP.
    3. You can contact us:
      1. by post, to the postal address given above;
      2. using our Website contact form; or
      3. by email, using the email address contact.us@mybuggymycar.com.
  19. Data Protection Registration
    1. We are registered as a data controller with the UK Information Commissioner's Office.
    2. Our data protection registration number is ZA855889.