Terms

This site, www.themotorombudsman.org  (‘the Website’) is owned and operated by The Motor Ombudsman Limited (‘the Company’) registered number 06517394, a wholly owned subsidiary of The Society of Motor Manufacturers and Traders Limited (‘the SMMT’), registered number 74359.

The Company’s registered office is located at 71 Great Peter Street, London SW1P 2BN. Access to, and use of, the Website is provided by the Company, and is subject to the following terms of use (‘the Terms’):Copyright

1. Your use of the Website constitutes your acceptance of the Terms. If you do not accept the Terms in their entirety you should not use the Website. These Terms constitute a legally binding agreement between you and the Company, so you should read them carefully.

2. The Company reserves the right to change the Terms at any time by posting changes within these pages. It is your responsibility to regularly review the Terms to obtain details of any changes made. Your continued use of the Website constitutes your acceptance of any such changes.

3. All rights, including copyright and database right in the material contained in the Website and its contents are owned by the Company, licensed by third parties for use by the Company or otherwise used by the Company as permitted by applicable law.Trademarks

4. Materials on the Website may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use, or except as otherwise expressly permitted. Any other use of the materials on the Website requires the prior express permission of the Company or applicable third party. All commercial use enquiries for the Company materials should be directed by email to business@tmo-uk.org.

5. When using the Website you agree to do so only for lawful purposes and in a manner which does not without limitation: infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party, amount to conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, transmit obscene or offensive content or disrupt the normal flow of dialogue within the Website. The Company reserves the right to terminate your access to the site at any time.

Trademarks

6. The images, logos and names on the Website which identify the Company, the Office of Fair Trading, subscribers to the Motor Industry Service and Repair Code (‘the Code’) or other third parties and their products and services are proprietary marks of the Company and/or the relevant third parties. All rights are reserved. Nothing contained in the Website shall be deemed to confer on any person any licence or right with respect to any such image, logo or name.

7. Where hypertext links to other sites have been provided, this has been done so for your information and convenience only. Should you activate any of these links, you will leave the Website and the Company has no control over, does not endorse and will accept no responsibility or liability whatsoever in respect of the material on any such other web site. You are advised to ensure that you familiarise yourself with the terms and conditions of use for each of the sites concerned, prior to your use of the services and information they provide.

8. This Website and the information, names, images, pictures, logos and icons regarding or relating to the Company, its products and services (or to third party products and services), are provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Liability

9. The Company is only liable to you for losses which you suffer as a direct result of the Company’s breach of these Terms. The Company excludes all liability for any business losses which you suffer, including, but not limited to loss of profits, business, revenue, goodwill or data, and for any other losses which are not reasonably foreseeable arising out of your use of the Website or the Company’s provision or failure to provide the Website.

If the Company is found to be liable to you, its total liability to you in respect of any year shall be limited to £100.

Nothing in these Terms shall operate to exclude or limit the Company’s liability for negligence resulting in death or personal injury, for fraudulent misrepresentation or for any other liability which cannot be excluded or limited by law.

You agree that you will compensate the Company in full for any losses, claims, expenses, costs or liability which it suffers as a result of a breach by you of these Terms or any other act or omission by you.

10. The Company does not warrant that the functions embedded within the material contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We reserve the right to suspend or discontinue the Website (or any part or content thereof) at any time with or without notice.

Subscriber area

11. Access to the Subscriber Area of the Website is at the discretion of the Company, is additionally subject to the Terms and Conditions for Subscribers, and will only be provided to paid-up subscribers to the Code (‘the Subscribers’). Any Subscriber experiencing difficulties accessing the Subscriber Area should report the problem by email to business@tmo-uk.org.

Personal Data

12. In order to gain access to certain pages of the Website, submit an enquiry or complaint or in order to subscribe to the Code you will be asked to submit personal data about yourself (for example, name and e-mail address). The Company will treat all such information in accordance with the Data Protection Act 1998 and the Company’s Privacy Policy.

13. These Terms shall be governed by and construed in accordance with the laws of England and Wales You and the Company agree to submit to the exclusive jurisdiction of the Courts of England and Wales. If a dispute arises between you and the Company, the Company will consider any reasonable request from you to resolve the dispute through an alternative dispute resolution procedure (such as mediation), rather than resort to litigation.

14. Should any clause in these Terms be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which the Terms are intended to be effective, then to the extent and within the jurisdiction which that clause is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining clauses shall survive, remain in full force and effect and continue to be binding and enforceable.

15. These Terms set out the entire agreement and understanding between you and the Company in respect of the provision by the Company, and your use of, the Website.

16. The Company’s failure to take action in respect of any breach by you of these Terms shall not restrict it from taking action in respect that breach, if it continues, or in respect of any subsequent breaches of these Terms.

Customer support

17. If you have any questions about these Terms or the Website, please email the Company at business@tmo-uk.org.

 

Last updated: 26/11/2021