Terms of Service for RH Luxury & Performance

(A Trading Name of Auto Ad LTD)

Thank you for your interest in these Terms and Conditions (the “Terms”) and welcome to RH Luxury & Performance and our website located at www.rhlux.co.uk. These Terms constitute a legal agreement between you and us governing the use of our website and our services. We licence use of our website to you on the basis of these Terms. We do not sell our website to you, and we remain the owner of our website at all times.

ABOUT US

1. RH Luxury & Performance is a trading name of Auto Ad LTD, registered at 44 Fonmon Crescent, Cardiff, Wales, CF5 4HE, UK (“RH Luxury & Performance,” “we,” “us,” “our”).

2. To contact us, please email regan@rhlux.co.uk, call us on +44 (0)7494 666433, or write to us at the above address.

3. These Terms were last updated on Wednesday, 22nd of November, 2024, and are the current and valid version.

4. The name RH Luxury & Performance, as well as related names, marks, emblems, and images, are copyright of Auto Ad LTD. All rights reserved © 2024 Auto Ad LTD.

TERMS OF USE

The provisions set out in these Terms govern your access to and use of our website and services and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website.

1. Subject to you agreeing to abide by these Terms, we hereby grant you a revocable, non-exclusive, and non-transferable licence to use our website in accordance with these Terms.

2. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for registration and using our website, you agree and acknowledge that:

   • You have read and agree to comply with these Terms.

   • You are at least 18 years old.

   • You will ensure that all users of your Account abide by these Terms.

3. You are responsible for maintaining the confidentiality of your Account and all activities that occur under your Account. We are not responsible for any loss, damage, or liabilities arising as a result of or in connection with the wrongful, fraudulent, or illegal use of your Account.

4. If you are using our website and services on behalf of a company, organisation, or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to these Terms, in which case “you” and “your” as used in these Terms shall refer to such entity.

5. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our website, or any other products, services, affiliated websites, and/or software provided by us at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

6. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our website or any of our affiliated websites to advertise, promote, or market any products or services of any third party or yourself.

7. The following additional terms also apply to your use of our website and form part of these Terms:

   • Our Privacy Policy.

   • Our Cookie Policy.

SERVICES OFFERED

RH Luxury & Performance provides the following services:

1. Brokering Services

   • Acting as an intermediary between private vehicle sellers (“Clients”) and independent vehicle dealers (“Dealers”).

   • Using the details provided by the Client, such as vehicle specifications, images, and other relevant data, to contact Dealers and negotiate the sale of the vehicle.

   • Charging a percentage-based fee of the final sale price, which is value-based and agreed upon in advance through a formal Client Contract signed by both parties before any work begins.

   • Facilitating all communications between Clients and Dealers to ensure transparency and smooth transactions.

2. Consultation Services

   • Providing Clients with expert advice to enhance their vehicle advertisements, including:

     • Tailoring content to attract potential buyers.

     • Offering guidance on pricing, wording, and presentation strategies.

3. Photography and Videography Services

   • Producing high-quality visual content for vehicle advertisements, including:

     • Professional photography to highlight the features of the vehicle.

     • Videography to create dynamic and engaging content for online platforms.

 

UPLOADING CONTENT

1. By using our services, you authorise RH Luxury & Performance to:

   • Use your vehicle details, images, and other provided information to contact Dealers and facilitate negotiations.

   • Share necessary details with Dealers for the sole purpose of securing a sale.

   • Handle all provided data in compliance with the UK Data Protection Act and GDPR regulations.

2. Content uploaded by Clients for photography, videography, or consulting purposes will be used exclusively to improve advertisement quality and broker sales on their behalf.

3. Clients retain ownership of their vehicle images and data. However, any custom content created by RH Luxury & Performance for use in advertisements remains our intellectual property unless otherwise agreed.

FEES AND PAYMENT

1. Brokering Fees

   • Fees are calculated as a percentage of the final sale price.

   • The percentage is determined based on the vehicle's value and agreed upon in writing before the service begins.

   • Fees are payable upon successful completion of the sale.

2. Consultation and Photography/Videography Fees

   • Fees for these services are agreed upon with the Client in advance.

3. Client Contract

   • All fees and terms of service will be outlined in the Client Contract, which must be signed by both parties before any work begins.

OTHER IMPORTANT TERMS

All other sections remain unchanged from the original document, with additional emphasis placed on brokering, consulting, and content creation services where applicable.

INTELLECTUAL PROPERTY RIGHTS

1. You acknowledge that all intellectual property rights in our website anywhere in the world belong to us, that rights in our website are licensed (not sold) to you, and that you have no rights in, or to, our website other than the right to use them in accordance with these Terms.

2. Any intellectual property rights in content uploaded by you to our website shall continue to belong to you or their respective owners. However, any photography or videography content created by RH Luxury & Performance for use in your vehicle advertisements remains the intellectual property of Auto Ad LTD, unless explicitly agreed otherwise in writing.

3. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish, and display your uploaded vehicle images or details solely for the purposes of brokering, consulting, or promotional purposes, in accordance with the Client Contract.

4. You acknowledge that you have no right to access our website in source code form.

5. You must not use any part of the content on our website for commercial purposes not specified on our website without obtaining a licence to do so from us or our licensors.

WARRANTIES

1. While we make all efforts to maintain the accuracy of the information on our website and through our services, we provide the website and all related services, including brokering, consulting, and photography/videography services, on an “as is” and “as available” basis, unless otherwise specified in writing.

2. To the fullest extent permissible by law, we disclaim all warranties, express or implied, relating to our website or services, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

3. You agree that your use of the website and services is at your sole risk. You will not hold Auto Ad LTD or its third-party service providers, licensors, or suppliers responsible for any loss or damage that results from your access to or use of the website or services, including brokering negotiations and consulting advice.

TECHNICAL REQUIREMENTS AND RESPONSIBILITY

1. Clients are responsible for ensuring that the technical requirements for accessing and using the respective services, including uploading content for consulting, photography, and videography, are met.

2. This applies to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any), and the current browser software.

3. RH Luxury & Performance does not guarantee compatibility of its services with all devices.

LIMITATION OF LIABILITY

1. RH Luxury & Performance is not liable for the completeness, accuracy, or correctness of any information uploaded to our website or any advice provided during consulting services. You expressly agree that your use of the Services, including brokering and consulting, is at your sole risk.

2. You agree not to use the website or services for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms for:

   • Loss of profits, sales, business, or revenue.

   • Business interruption.

   • Loss of anticipated savings.

   • Loss or corruption of data or information.

   • Loss of business opportunity, goodwill, or reputation.

   • Any other indirect or consequential loss or damage.

3. Nothing in these Terms shall limit or exclude our liability for:

   • Death or personal injury resulting from our negligence.

   • Fraud.

   • Any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

4. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us.

INDEMNITY

1. You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents, representatives, independent contractors, licensees, successors, and assigns harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, resulting from or arising out of:

   • Your act, default, or omission.

   • Your use of our website or services, including brokering, consulting, and photography/videography.

   • Your breach of these Terms or any applicable laws or regulations.

SUSPENSION

1. We will determine, at our discretion, whether there has been a breach of these Terms through your use of our website or services.

2. When a breach has occurred, we may take such action as we deem appropriate, including:

   • Immediate, temporary, or permanent cancellation of your access to our website or services.

   • Immediate, temporary, or permanent removal of any content uploaded by you.

   • Issuance of a warning to you.

   • Legal proceedings against you for reimbursement of all costs, including reasonable administrative and legal costs, resulting from the breach.

3. We exclude liability for actions taken in response to breaches of these Terms.

OTHER IMPORTANT TERMS

1. We may transfer our rights and obligations under these Terms to another organisation.

2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

3. These Terms and any document expressly referred to in them constitute the entire agreement between us and you regarding the subject matter.

4. These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.