Terms and Conditions

Main Advertising Terms and Conditions

Last Updated: 10 November 2026

Please read these Conditions carefully as they govern the provision of advertising products by Autotrader to you.

Your attention is drawn to Clause 13 (Liability and Indemnity).

Please read these Conditions in conjunction with the relevant Business Rules that set out further terms relating to the provision of specific Autotrader products, which are incorporated into our agreement with you.

Definitions and Interpretations
1. "Additional Products" means any Products purchased by an Advertiser from time to time, in addition to those included within the Package;
  "Advert" or "Advertisement" means any advertisement of a vehicle (in whatever form) that is published on the Autotrader Platforms, incorporating any Advertiser Advert Content, Generated Advert Content, Supplemental Stock Information and/or AT Advert Content (as applicable);
  "Advertiser" means the person, firm or company who enters the Advertising Agreement with Autotrader (who is not a private seller);
  "Advertiser Advert Content" means content, in any format, uploaded to Portal or otherwise provided by the Advertiser to Autotrader for inclusion in an Advert (including any information about the vehicle, specification, Advertiser Stock Information, copy, artwork, text, data, photographs, slides and/or video clips), which the Advertiser is responsible for and is owned by the Advertiser and licensed to Autotrader in accordance with Clause 9.1;
  "Advertiser Information" means information regarding the Advertiser, the Advertiser Stock Information (where it is not contained in an Advert), and any other information which is uploaded to Portal or otherwise communicated or made available by the Advertiser to Autotrader for the purposes of the Advertising Agreement (excluding the Advertiser Advert Content);
  "Advertiser Stock Information" means any data regarding the Advertiser's stock of vehicles including but not limited to vehicle registration details, images, prices and sales information which is uploaded to Portal or otherwise communicated or made available to Autotrader;
  “Advertiser’s Platform” means, in respect of a Platform Customer, the Advertiser’s own platform (either proprietary or provided by a Third Party Integrator, as applicable), which may be (without limitation) a stock management, dealer management, enquiry management, order management, online sales channel or similar system used by the Advertiser and which integrates with Autotrader’s API;
  "Advertising Agreement" means the agreement between Autotrader and the Advertiser for the purchase and supply of the Package and (as applicable) any Additional Products, which shall incorporate these Conditions and all relevant Business Rules;
  "Advertising Guidelines" means the guidelines imposed by Autotrader which all Adverts must comply with, as set out in the Advertising Guidelines;
  "AT Advert Content" means content, in any format, generated, created or otherwise provided by Autotrader (or a third party licensor) to supplement and enhance an Advert (including automatically generated “vehicle highlights” and automatic image categorisation), where the Advertiser does not have the ability to make changes to such content;
  "AT Analytics Data" means any data and/or analysis obtained, collated, generated, observed and/or created (including using artificial intelligence and/or machine learning tools) by Autotrader based on the Advertiser's performance, the Advertiser's activity on the Autotrader Platform, Adverts on Autotrader, the Advertiser Information, market trends, observations of user behaviour on the Autotrader Platforms (including personal data about a user’s browsing or purchase intent behaviour), Leads and Online Leads and other information available to Autotrader, which may be shared with other third parties or used by Autotrader for any purpose, subject to Autotrader’s compliance with relevant laws;
  "Autotrader" means Autotrader Limited (company no. 03909628) whose registered office is No.3 Circle Square, 3 Hawkshaw Street, Manchester, M1 7BL;
  "Autotrader Platforms" means the Autotrader Website and all other Autotrader platforms (including mobile and tablet);
  "Autotrader Website" means the website located at www.autotrader.co.uk;
  "Business Rules" means any specific rules that relate to specific Products, as may be amended from time to time;
  “Calls” means the calls tracking product automatically applied to all Adverts, as further described in Clause 4.9. A “Call” shall mean a call made by a Consumer via the Calls product;
  "Charges" means the charges to be paid by the Advertiser for the Package and any Additional Products as set out in an Order Confirmation and/or Order Variation or otherwise as specified by Autotrader;
  "Conditions" means these Main Advertising Terms & Conditions, as may be amended from time to time;
  “Consumer” means a user of the Autotrader Platforms who submits a Lead or Online Lead (as applicable) in relation to a Vehicle advertised by the Advertiser;
  "Content Standards" means the standards imposed by Autotrader which all Advertiser Advert Content, Generated Advert Content and Supplemental Stock Information must comply with, as set out in the Content Standards;
  "Data Protection Laws" means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018; the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426); the Data (Use and Access) Act 2025, (all as amended, updated or re-enacted from time to time); The terms "controller", "processor", "Personal Data" and "processing" shall have the meaning set out in the Data Protection Laws (and "process" and "processed" shall be construed accordingly);
  “Estimates Only Journey” means Consumers will be given the ability to obtain Estimates via the Advertiser’s Adverts on the Autotrader Platforms and have the option to send the Estimates to the Advertiser at the time they submit their Online Lead. This is only available (as an alternative to the Online Application Service) to Advertisers who meet the eligibility criteria in Clause 4.2 and do not have a Lender in place at all, or Autotrader is currently technically unable to integrate with the Advertiser’s Lender(s) for the Lender Panel;
  “Finance Application” means an application for finance made by a Consumer, via the Online Applicable Service, in relation to the potential purchase of the Vehicle as part of an Online Lead;
  "Generated Advert Content" means content, in any format, which is generated, created or otherwise provided by Autotrader for inclusion in an Advert (including automatically generated vehicle descriptions), where the Advertiser has the ability to make changes to such content and authorises Autotrader to use such content in an Advert;
  "Intellectual Property Rights" means all intellectual property rights wherever in the world arising whether registered or unregistered (including any application for registration), including without limitation, all copyright, trademarks, trade names, logo's, patents, design rights, database rights and/or know how;
  “Lead” means an enquiry or lead from a Consumer, who is interested in being contacted by an Advertiser in respect of a Vehicle, which is submitted via the Autotrader Platforms by any means (including, without limitation, via an Online Lead, Call, chat, text or instant messaging app, or any other method made available via the Autotrader Platforms from time to time) and which may subsequently be viewed, accessed, managed and/or amended by the Advertiser via Portal or the Advertiser’s Platform (where applicable);
  "Manufacturer Image(s)" means image(s) of a new vehicle sourced by Autotrader from the respective vehicle manufacturer which closely represent the new vehicle in an Advert and which are automatically uploaded to an Advert by Autotrader on the Advertiser's behalf pursuant to Clause 5.10 (in response to information provided by the Advertiser) with the following disclaimer: "Images are for illustrative purposes only";
  “Online Application Service” means the functionality, only available to Advertisers who meet the eligibility criteria in Clause 4.2, which enables a Consumer (at the Consumer’s option) to apply for a quote and (subject to eligibility) make a Finance Application with their preferred finance provider to cover the cost of buying the Vehicle as part of an Online Lead, via the Advertiser’s Adverts on the Autotrader Platform;
  “Online Lead” means a Consumer’s online enquiry or Reservation in respect of a Vehicle, submitted via the Autotrader Platform, but excluding an enquiry or lead made via a Call, chat, text or instant messaging app. An Online Lead may subsequently be viewed, accessed, managed and/or amended by the Advertiser via Portal or the Advertiser’s Platform (where applicable);
  “Online Lead Notification” means the notification sent to the Advertiser where: (i) a Consumer submits an Online Lead in respect of a Vehicle; or (ii) a Consumer completes a Finance Application on the Autotrader Platform but does not complete and submit the Online Lead, following which Autotrader will automatically complete the Online Lead (but without a Reservation being made) the following morning at 8:59am, which (in each case) will be sent to the Advertiser by email and/or by notification in Portal or the Advertiser’s Platform, as applicable;
  "Order Confirmation" means the order communication sent by Autotrader to the Advertiser confirming details of the Advertiser's order for the Package;
  "Order Variation" means the form detailing changes requested by the Advertiser to the Advertising Agreement to add or remove Additional Products and/or upgrade or downgrade their Package;
  "Package" means the package of Products which the Advertiser subscribes to, including any Products provided by Autotrader to the Advertiser in addition to the Products that the Advertiser expressly subscribes to, as set out in the Order Confirmation or (as applicable) as amended from time to time in accordance with any Order Variation;
  "Partner Website" means any third-party website or digital platform on which an Advert is to be placed as solely to be determined by Autotrader;
  “Platform Customer” means an Advertiser to whom Autotrader has agreed to provide the Platform Services, who must meet the following requirements at all times:
  1. have either signed a separate Autotrader Connect API Licence Agreement themselves or (where applicable) notified Autotrader of its Third Party Integrator, to allow the Platform Customer or Third Party Integrator (as applicable) to integrate with Autotrader’s API; and
  2. at all times comply with the Autotrader Connect - Advertiser Business Rules , which are incorporated into these Conditions (as may be updated from time to time);
  “Platform Services” means the services provided by Autotrader, which allow a Platform Customer (or, as applicable, a Third Party Integrator acting on the Platform Customer’s behalf) to integrate with Autotrader’s API;
  “Price Indicator” means a product feature that Autotrader may, at its discretion, display to users of the Autotrader Platforms as a visual indication of how a Vehicle is priced compared with the wider market. Autotrader calculates the Price Indicator using its market valuation data, derived from vehicle adverts and Advertiser sales data, together with Vehicle-specific information supplied by the Advertiser, such as mileage and optional extras;
  "Portal" means the digital platform supplied by Autotrader for Advertisers to manage their Adverts, Advertiser Information and account;
  "Products" means the advertising and other products or services supplied to the Advertiser by Autotrader either within a Package or as Additional Products, as may be amended by Autotrader from time to time;
  "Required Notice Period" shall have the meaning set out in Clause 2.4;
  “Reservation” means a Consumer has paid the Reservation Payment on submission of their Online Lead. “Reserve”, “Reserved” and “Reserves” shall be construed accordingly;
  “Reservation Payment” means the sum paid by a Consumer, which is pre-authorised (or temporarily held) until such time as it is automatically repaid to the Consumer on (the earlier of): (i) completion of the purchase of the Vehicle; (ii) cancellation of the Online Lead by the Consumer or the Advertiser; or (iii) on the 7th day following the Online Lead Notification;
  "Supplemental Stock Information" means content, in any format, provided by Autotrader to supplement and enhance the Advertiser Stock Information, including verification, enhancement or amendment of the Advertiser Stock Information contained in an Advert, where the Advertiser has the ability to make changes to such content;
  “Third Party Integrator” means (where applicable) a third party provider who provides the Advertiser’s Platform to the Advertiser and who has separately entered into an Autotrader Connect API Licence Agreement with Autotrader, including any replacement third party provider as notified by the Advertiser to, and agreed by, Autotrader from time to time. Where the Third Party Integrator integrates with Autotrader’s Deals API, the Advertiser can view, access, manage and amend Leads and/or Online Leads within the Advertiser’s Platform;
  "UK GDPR" has the meaning given in section 3(10) (as supplemented by section 205(4)) of the DPA 2018;
  "Valuation Data" means any vehicle valuation data obtained, collated, observed and/or created by Autotrader (including, but not limited to, part-exchange valuation data, trade valuation data and retail valuation data), which is communicated or made available to the Advertiser by Autotrader, via Portal or otherwise, as part of the Package; and
  “Vehicle” means the vehicle advertised by the Advertiser on the Autotrader Platform.
2. In these Conditions, references to the singular include plural and vice versa; references to numbered clauses are references to the relevant clause in these Conditions; the headings to the clauses will not affect interpretation; any phrase introduced by the terms “including”,"include”, “in particular”, “such as” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and a reference to writing includes emails.
3. In the event of any conflict or ambiguity between the documents forming the Advertising Agreement, the following order of precedence shall apply (with the document listed first taking priority over those listed below it):
  - Order Variation
  - Order Confirmation
  - Business Rules
  - Conditions
  - Notwithstanding the above, these Conditions shall take precedence over all other documents in relation to Clause 2.4 (changes to Conditions and Business Rules).
Advertising Agreement
1. Each order by an Advertiser for subscription to a Package and/or for Additional Products shall be deemed to be an offer by the Advertiser to subscribe to the Package and/or purchase Additional Products subject to these Conditions and any applicable Business Rules. It is the Advertiser's responsibility to read the relevant Business Rules.
2. Orders placed by the Advertiser shall only be deemed accepted by Autotrader when Autotrader sends an Order Confirmation or Order Variation (as applicable) to the Advertiser, at which point a binding contract will come into existence between the Advertiser and Autotrader.
3. The Advertiser shall ensure that the terms of its order are complete and accurate. If changes are required, the Advertiser should inform Autotrader promptly as detailed on the Order Confirmation or Order Variation.
4. Autotrader shall give the Advertiser at least 15 days' notice (“Required Notice Period”) of any changes to these Conditions or the Business Rules, by email or other durable medium. The Advertiser may terminate the Advertising Agreement, or terminate its subscription for the relevant Product to which the relevant Business Rules relate (as applicable), by giving written notice to Autotrader (including by email) before the expiry of the Required Notice Period, allowing 48 hours for the termination request to be processed. The Required Notice Period does not apply, and the Advertiser has no corresponding termination right, where Autotrader makes a change due to: (i) a legal or regulatory obligation; or (ii) exceptional circumstances requiring immediate action to protect the Autotrader Platform or its customers from an unforeseen and imminent danger (such as a data breach or cybersecurity risk).
5. These Conditions and the applicable Business Rules govern the Advertising Agreement to the exclusion of any other terms and conditions (including any terms the Advertiser seeks to impose) unless expressly stated otherwise in writing by Autotrader.
Products
1. The Advertiser will subscribe to a Package and any Additional Products as detailed in an Order Confirmation and (as applicable) any Order Variation.
2. In consideration of payment of the Charges by the Advertiser in accordance with Clause 8, Autotrader will provide the Products included in the relevant Package and any Additional Products (where relevant) to the Advertiser.
3. If after entering the Advertising Agreement, the Advertiser requests an upgrade or downgrade of its Package and/or requests Additional Products, Autotrader shall confirm details of the requested change via an Order Variation. Except as expressly amended by any Order Variation, the original Advertising Agreement shall remain in full force and effect. For the avoidance of doubt, if an Advertiser wishes to cancel or downgrade the Package and/or cancel any Additional Products, the Advertiser must give notice to Autotrader in accordance with Clause 12.2.
4. Autotrader reserves the right to make changes to any Product(s) or Package(s) at any time and, where such changes warrant a change to the terms of the Advertising Agreement, Autotrader shall notify the Advertiser in accordance with Clause 2.4. The notice requirements shall not apply where Autotrader makes a change to any Product or Package to reflect changes in relevant laws and regulatory requirements and/or to implement technical adjustments and improvements, for example to address a security threat or to make changes to the appearance and functionality of the Autotrader Platform (including changes to the Advertisement layout and the addition of functionality and content, such as the inclusion of badges, markers or other display techniques to highlight elements of the Advertiser's service or goods, or changes to prominence).
5. Where the Advertiser subscribes to certain Products, the Advertiser is allowed to advertise relevant ancillary goods and services on the Autotrader Platform in accordance with the relevant Business Rules for such Products (for example, Finance Calculator, Home Delivery, etc). Advertisers are not allowed to advertise their own ancillary goods and services through the Autotrader Platform, except where they subscribe to the relevant Product.
6. Where the relevant Product is automatically included in the Advertiser’s Package (as detailed here), the following Business Rules will be deemed to be incorporated into the Advertising Agreement (as applicable):
  - Autotrader Connect – Advertiser Business Rules (only apply to Platform Customers);
  - Autotrader Packages;
  - Dealer Reviews;
  - Live Chat and Text;
  - Promoted;
  - Sales Insight;
  - Vehicle Check – Business Rules;
  - Vehicle Check Service Level Agreement;
  - Vehicle Video;
7. Autotrader may from time to time carry out testing or trials using selected Advertisers in connection with existing Products or potential new products and services. Due to the nature of some tests/trials, in particular where Autotrader is analysing Advertiser responsiveness in connection with certain products or services, it may not always be possible to notify the participating Advertisers that they are involved in a test or trial until such test or trial has finished. However, Autotrader shall not carry out such tests or trials in any manner so as to disrupt an Advertiser's day to day business activities on Portal.
8. Autotrader may communicate or make available certain elements of the AT Analytics Data and/or the Valuation Data to the Advertiser (via Portal, the Advertiser’s Platform or otherwise, as part of the Package). Where Autotrader provides any AT Analytics Data and/or Valuation Data as part of a Package, such data is based on the information available to Autotrader at the relevant time and constitutes Autotrader's own interpretation of market conditions, pricing observations and/or the Advertiser's or Advert’s performance, amongst other factors. The AT Analytics Data and Valuation Data is not necessarily representative of the whole UK automotive market at any given time and will be updated or corrected from time to time to reflect changes in market conditions. Accordingly, the AT Analytics Data and Valuation Data is provided for the Advertiser's general information and guidance purposes only and is not intended to amount to advice on which the Advertiser should rely. As such, Autotrader will not be liable for any loss or damage whatsoever that the Advertiser suffers as a result of its use of or reliance on the AT Analytics Data and/or Valuation Data.
9. The AT Analytics Data and Valuation Data shall at all times remain Autotrader's confidential and proprietary information. In respect of any elements of the AT Analytics Data and/or the Valuation Data which Autotrader communicates or make available to the Advertiser (via Portal, the Advertiser’s Platform or otherwise, as part of the Package), Autotrader grants the Advertiser a limited licence to access and use the AT Analytics Data and the Valuation Data solely for the Advertiser's own internal business purposes and for the term of the Advertising Agreement. The Advertiser is not permitted to: (i) publish the AT Analytics Data (or any part of it) and/or the Valuation Data (or any part of it) on the Advertiser's or any third party website (with the exception only of Valuation Data which is part exchange data, as such part exchange data may be made available by the Advertiser to its consumers as part of the standard part exchange process); (ii) share, publish, copy, adapt, distribute or re-sell the AT Analytics Data (or any part of it) and/or Valuation Data (or any part of it); or (iii) use the AT Analytics Data and/or Valuation Data for any purpose other than as expressly permitted by the Advertising Agreement. Where the AT Analytics Data contains any personal data, the Advertiser shall ensure that it at all times complies with Data Protection Laws.
ONLINE LEADS, CALLS AND LEADS
1. Where the Advertiser is eligible, and the relevant Online Leads functionality is enabled for an Advertiser, the Advertiser shall comply with:
  1. the Online Finance Application Service Business Rules, in respect of any Finance Application or other finance-related element that is attached to an Online Lead; and/or
  2. the Part Exchange Price Guide Business Rules, in respect of any Part Exchange Price Guide or other part exchange-related element that is attached to an Online Lead (in each case, as applicable).
2. The Estimates Only Journey and the Online Application Service are only available to Advertisers who meet the following requirements at all times:
  1. have signed up for Autotrader’s Finance Calculator product, which is subject to theDealer Finance Business Rules; and
  2. are authorised and regulated by the FCA for the relevant permissions or who act as an Appointed Representative of an Authorised Firm with the relevant Consumer Credit permissions.
  Autotrader will conduct regular due diligence to ensure that the Advertiser is authorised by the FCA and holds the relevant permissions.
3. Advertisers who do not qualify for the Estimates Only Journey or the Online Application Service, will automatically receive Autotrader’s Partner Finance product on their Adverts, unless the Advertiser notifies Autotrader to opt-out of Partner Finance. Use of Partner Finance is subject to the Partner Finance Business Rules, which are incorporated into these Conditions (as may be updated from time to time). For any non-FCA Authorised Advertisers who opt-out of Partner Finance, no finance option at all will be displayed on their Adverts.
4. In respect of Online Leads, the Advertiser shall:
  1. promptly action and progress all Online Leads with reasonable care and skill to sell the Vehicle to the Consumer;
  2. act reasonable and in good faith to ensure that it honours all Online Leads;
  3. use Portal or the Advertiser’s Platform (as applicable) to notify Autotrader of the status of all Online Leads, including whether the purchase of the Vehicle was completed, (where relevant) whether a part exchange was completed and the final part exchange value, and whether any Online Leads have been cancelled by the Advertiser;
  4. ensure that all the Advertiser’s employees who are involved in servicing Online Leads are properly trained and monitored, possess the relevant knowledge to be able to respond to requests, queries and complaints and provide services to Consumers in connection with Online Leads in a professional manner; and
  5. comply with Autotrader’s Online Enquiries, Deals and Reservations terms and conditions (as may be updated from time to time), to the extent that they apply to the Advertiser, and not do anything to put Autotrader in breach of those terms.
5. In respect of Leads (including, where applicable, Online Leads), the Advertiser shall:
  1. not make any representations, statements and/or warranties on behalf of Autotrader or seek to bind Autotrader in any manner;
  2. only use the Leads or Online Lead, as applicable, (including any Consumer Personal Data associated it) for the purpose of contacting the relevant Consumer to proceed with the Lead or Online Lead (as applicable) and to sell the Vehicle to the Consumer, and not for any other purpose; and
  3. not use Leads or Online Leads (or any service element of it) for the benefit of any third party other than the Advertiser.
6. If the Consumer has placed a Reservation and informs the Advertiser that it no longer wants to purchase the Vehicle and wishes to cancel the Online Lead, the Advertiser should either cancel the Online Lead through Portal or encourage the Consumer to cancel the Online Lead via the Consumer’s Autotrader account to activate the release of the Reservation Payment back to the Consumer.
7. Autotrader will automatically refund the Reservation Payment to the Consumer on (the earlier of):
  1. the Consumer or the Advertiser confirming completion of the purchase of the Vehicle within 7 days of the Online Lead Notification;
  2. cancellation of the Online Lead by the Consumer or the Advertiser with 7 days of the Online Lead Notification; or
  3. if neither (4.7.1) or (4.7.2) has occurred, on the 7th day following completion of the Online Lead Notification. If neither party notifies Autotrader of the outcome of the Online Lead within 7 days, Autotrader will return the money to the Consumer but the Online Lead will remain active until such time that either party notifies Autotrader that the purchase has been completed or the Online Lead has been cancelled, except Autotrader will cancel any Online Leads which have been outstanding for 90 days after being placed.
8. Where Autotrader suspends or terminates the Advertiser’s Advertising Agreement in accordance with Clause 12, Autotrader shall cancel any Online Leads which are in progress at the time of the suspension or termination (as applicable) and shall notify the Consumer of the same. The Advertiser shall not have access to the Online Leads history in Portal or the Advertiser’s Platform (as applicable) from the time of the suspension or termination.
9. All Packages and Products automatically have call tracking (“Calls”) applied to all Adverts, which allows a Consumer to call an Advertiser directly from an Advert on the Autotrader Platforms. In addition, Advertisers who have an Autotrader Dealer Website have the option to add tracked website calls to their Package, which allows a user to make a website call to an Advertiser directly from an advert on the Advertiser’s Autotrader Dealer Website.
10. Where Call recording is enabled, when a Consumer makes a Call, an automated message will advise them at the beginning of the Call of the fact that the Call will be recorded and the purposes for which it will be used. For the avoidance of any doubt, outbound calls made by Advertisers will not be recorded.
11. Call recordings must only be used by an Advertiser for the purposes of the Advertiser carrying out staff training and/or monitoring the quality of performance of Call handlers, and to avoid and/or resolve disputes (“Permitted Purposes”)
12. Call recordings can be accessed by an Advertiser via Portal or the Advertiser’s Platform. Recordings will be automatically deleted by Autotrader after a period of time (in accordance with Autotrader’s retention periods, to be notified to the Advertiser), after which point the Advertiser will no longer be able to access them.
13. The Call product is provided by Iovox Limited, acting as Autotrader’s processor of personal data.
14. The Advertiser warrants that it shall:
  1. only use Calls for its own business purposes within the motor industry, and shall not use Calls to provide a service to any third party (including without limitation to provide reports for any business other than the Advertiser’s business);
  2. comply with all applicable laws and regulations relating to the tracking and recording of telephone calls by Consumers, including but not limited to Data Protection Laws and the rules relating to PCI Compliance. For the avoidance of doubt, Calls is not a PCI-compliant service. The Advertiser agrees not to use Calls to record calls where payment details (including but not limited to credit card numbers) might be provided by the caller; and
  3. not display any Autotrader-provided Calls tracking numbers on any other form of advertising outside of their Adverts on the Autotrader Platforms, and/or on the Advertiser’s Autotrader Dealer Website, where applicable.
15. The Advertiser is responsible for ensuring that all information it provides to Autotrader for the purpose of receiving Calls and other Leads (including telephone numbers and email addresses) is correct and up-to-date at all times. The Advertiser must make any updates in the self-service area in Portal or by contacting the Account Manager. The Advertiser is responsible for verifying and testing that it is receiving Calls and other Leads via the telephone numbers, email addresses or other contact details provided. If the Advertiser fails to comply with this clause, Autotrader accepts no responsibility or liability for any failure or delay of the Advertiser to receive Leads.
16. On receipt of a Lead, the Advertiser is responsible for providing the Consumer with: (i) the Advertiser’s business email address; and (ii) such other information as may be required under the Digital Markets, Competition and Consumers Act 2024, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or any other relevant legislation. In addition, the Advertiser must provide the Consumer with any Material Information (as defined in Clause 5.2) that has not already been provided in the Advertisement. The Advertiser must provide this information before the Consumer enters into any agreement to purchase the Vehicle.
17. Autotrader makes no guarantees that any Leads will lead to sales of Vehicles or any particular increase in sales or lead generation.
Content for Advertisements
1. The Advertiser is solely responsible for correctly completing all mandatory data fields for each Advert and for submitting the Advertiser Advert Content to Autotrader in the correct format as specified and by any deadlines specified by Autotrader. Autotrader has no liability in respect of any Advert not appearing on the Autotrader Platforms where the Advertiser has failed to submit the Advertiser Advert Content in accordance with this clause. The Advertiser acknowledges that Autotrader may enhance and/or alter Adverts by incorporating the Generated Advert Content, Supplemental Stock Information and/or AT Advert Content. The Advertiser is solely responsible for checking that all Advertiser Advert Content, Generated Advert Content and Supplemental Stock Information is complete, correct and fully compliant with the remainder of this Clause 5 and Clauses 7.7.6 to 7.7.10 (inclusive). Autotrader shall not be responsible or liable for the Advertiser's use of or reliance on, or for any errors or omissions in, the Generated Advert Content and/or Supplemental Stock Information. The Advertiser acknowledges that AT Advert Content is provided on an ‘as is’ basis, generated using automated processes, and Autotrader makes no warranty as to its accuracy, completeness, or fitness for any particular purpose. The Advertiser shall be solely responsible for any errors in AT Advert Content to the extent arising from incorrect or incomplete information provided by the Advertiser. The Advertiser shall notify Autotrader immediately on becoming aware that any AT Advert Content contained in an Advert is incomplete, incorrect or misleading, and Autotrader shall be permitted to remove such AT Advert Content in such circumstances.
2. Without prejudice to the generality of Clause 5.17 below, it is the Advertiser's sole responsibility to ensure that each Advertisement complies with all applicable consumer protection laws, including the Digital Markets, Competition and Consumers Act 2024, and contains a clear statement of all material information relating to a vehicle which may influence a consumer's decision to purchase the vehicle (“Material Information”). Material Information shall include (without limitation): (i) the total price of the vehicle, including any compulsory fees, charges or taxes that must be paid e.g. admin or processing fees (the Advertiser must not present any fees as optional if they are compulsory); (ii) a clear indication of which additional products or services are genuinely optional; (iii) whether, and to what extent, a vehicle has been previously used for business purposes (for example, previous fleet, rental or driving school use); (iv) whether a vehicle has previously been driven by multiple users; and (v) any other information that a reasonable consumer would need in order to make an informed purchasing decision. All such information must be presented prominently and in a manner that does not contradict the impression given to consumers by the Advertisement. The Advertiser shall be solely liable for any failure to include Material Information or for the inclusion of any information which is incorrect, incomplete or misleading.
3. Subject to Clause 5.10, the Advertiser shall be solely responsible for uploading any images (including photographs and video) and for checking the accuracy of any Advert for errors and amending copy. In respect of any image (including any photograph or video) included in the Advertiser Advert Content, the Advertiser shall ensure: (i) it is a genuine, current image of the actual vehicle being sold; (ii) the Advertiser has not altered or enhanced the image; and (iii) the image is not misleading. Without prejudice to the foregoing, all Advertiser Advert Content must comply with the 100 Advert Images Business Rules (which are incorporated into the Advertising Agreement by reference).
4. Autotrader reserves the right in its sole discretion not to include, or to remove, a photograph or video in an Advert. There will be no deduction in the Charges if photographs or videos are not included in an Advert. Autotrader shall not be liable if the quality and/or colour of any photograph published in an Advert is not acceptable to the Advertiser.
5. Autotrader may receive the Advertiser Advert Content via such means as specified by Autotrader from time to time. However, the Advertiser shall submit the Advertiser Advert Content at its own risk and Autotrader shall not be liable or responsible for non-receipt or corruption of the Advertiser Advert Content sent by the Advertiser and/or arising out of any third-party data feed stock errors.
6. Where the Advertiser Advert Content is sent by means other than Portal, Autotrader shall not be liable for:
  1. the compatibility of third-party systems with those of Autotrader; and/or
  2. failure by Autotrader to upload the Advertiser Advert Content to the Autotrader Platforms at the same frequency as would occur if the Advertiser Advert Content was supplied by the Advertiser via Portal.
7. The Advertiser is prohibited from supplying (as part of the Advertiser Advert Content ) any contact details, including but not limited to, any telephone numbers or e-mail addresses, website addresses or URLs in additional data fields. Failure to comply with this rule may, at Autotrader's sole discretion, result in the removal of all the Advertiser's Adverts.
8. The Advertiser shall ensure that all hyperlinks included as part of the Advertiser Advert Content link directly through to the page on the Advertiser's website displaying the exact vehicle identified in the Advert. Failure to provide direct and correct links may, at Autotrader's sole discretion, result in the removal of all the Advertiser's Adverts.
9. Autotrader shall provide additional technical specification details for Adverts which shall solely consist of details that Autotrader can obtain from its current supplier's dataset. The Advertiser acknowledges that the technical specification will be for the most recent model of the vehicle in question and will not be the technical specification for the exact vehicle in question. Such details will only be provided by Autotrader upon provision by the Advertiser of a valid registration number for the vehicle in question (where such registration number exists). The provision of a valid registration number is the Advertiser's sole responsibility. It is the Advertiser's responsibility to ensure any inaccuracies in the technical specification are corrected in the Advert and at the point of sale of the vehicle.
10. Where an Advertiser submits Advertiser Advert Content relating to a new unregistered vehicle to be published on the Autotrader Platforms and such Advertiser Advert Content does not feature a vehicle image, Autotrader shall automatically populate the relevant Advert with Manufacturer Images where Manufacturer Images are available for such vehicle, and the Advertiser hereby consents to the inclusion of such Manufacturer Images in such circumstances. The Manufacturer Images will be included by Autotrader where such Manufacturer Images match the information provided by the Advertiser as part of the Advertiser Advert Content , in particular, vehicle make, model, body style, doors and trim information. In respect of such automatic incorporation of Manufacturer Images in an Advert, the Advertiser undertakes and agrees that:
  1. the new vehicle information provided as part of the Advertiser Advert Content is complete and accurate in all respects;
  2. it is solely responsible for checking the Manufacturer Images following inclusion in the Advert to ensure that they closely represent the vehicle being sold by the Advertiser in the Advert and are not misleading in any manner;
  3. it shall notify Autotrader immediately if the Manufacturer Images do not closely represent the vehicle being sold by the Advertiser in the Advert and/or are misleading in any manner, and Autotrader shall be permitted to remove such Manufacturer Images in such circumstances;
  4. the Advertiser has no rights in the Manufacturer Images and cannot use such Manufacturer Images for any purpose other than is expressly set out in this Clause 5.10 or Clause 5.12 below; and
  5. Autotrader shall be permitted to immediately remove Manufacturer Images from any Advert without notice and without reason.
11. In the event that the Advertiser does not consent to the inclusion of Manufacturer Images in an Advert pursuant to these Conditions, it shall notify Autotrader accordingly and Autotrader shall remove the Manufacturer Images from the Advertiser's Advert(s) within a reasonable period of time.
12. If Autotrader, in its sole discretion, allows the Advertiser to use the Manufacturer Images referred at Clause 5.10 in vehicle advertisements on the Advertiser's own website, the Advertiser agrees that:
  1. it shall only be permitted to use such Manufacturer Images on the Advertiser's own website in accordance with Autotrader's reasonable instructions and conditions, and it shall not be able to disclose such Manufacturer Images to any third party or use such Manufacturer Images for any other purpose;
  2. it shall immediately remove all Manufacturer Images from its website upon notification by Autotrader;
  3. no warranties are given by Autotrader to the Advertiser in respect of the Manufacturer Images (including in respect of any third-party rights in such Manufacturer Images) and the Advertiser's use of the Manufacturer Images shall be at the Advertiser's sole risk; and
  4. the Advertiser shall be responsible for any loss suffered by Autotrader as a result of the Advertiser's use of the Manufacturer Images in accordance with this clause.
13. Autotrader may, at its sole discretion, display a Price Indicator in respect of any vehicle advertised on the Autotrader Platforms and Partner Websites. A Price Indicator will only be displayed on an Advert where the vehicle:
  1. is not a new or nearly new vehicle;
  2. is not a rare or classic vehicle;
  3. has an advertised selling price in the range of £1,500 to £70,000;
  4. is not advertised by a private seller;
  5. is less than 15 years old;
  6. is not imported and does not have a write-off category C, D, S or N marker; and
  7. complies with such other criteria as Autotrader may determine at its sole discretion from time to time.
14. Due to continuous fluctuations in the market data that we use to calculate Autotrader’s vehicle valuations, the Price Indicator applied to a vehicle may change on a daily basis.
15. The Advertiser may not opt out of or cancel the display of Price Indicators on the Autotrader Platforms or Partner Websites. Price Indicators may only be removed from Adverts displayed on an Advertiser’s Autotrader Dealer Website, provided that such removal may only be carried out across all of the Advertiser’s adverts on the Advertiser’s Autotrader Dealer Website (i.e. the Advertiser may not selectively apply or remove Price Indicators on an individual advert basis on the Advertiser’s Autotrader Dealer Website). An Advertiser should visit the website manager tool to remove the feature on Dealer Websites or contact their Account Manager.
16. The design, format and location of display of a Price Indicator on the Autotrader Platforms shall be determined by Autotrader and may be amended by Autotrader at any time at Autotrader’s sole discretion. Autotrader reserves the right to amend, modify or remove any Price Indicator at any time with immediate effect.
17. Autotrader may refuse to publish an Advert and/or, edit or require an Advert to be amended so as: (i) to comply with legal or moral obligations placed on either party; (ii) to avoid infringing third party rights, the UK Code of Non- broadcast Advertising and Direct & Promotional Marketing (CAP Code), all other codes under the general supervision of the Advertising Standards Authority and/or any relevant regulations or legislation; (iii) to respond to any complaints; (iv) to correct typographical errors or technical inaccuracies that may appear from time to time; and/or (v) for any other technical and/or quality reasons.
18. The Advertiser shall not be permitted to place more than one Advertisement for any one vehicle on the Autotrader Platforms and Autotrader shall be entitled to remove any Advertisements that duplicate other existing Advertisements on the Autotrader Platforms, at its sole discretion. An Advertisement will be deemed to be a duplication if the make, model, derivative, trim and price of the vehicle advertised on the Autotrader Platforms are all identical to those of another vehicle advertised on the Autotrader Platforms.
19. Each Advert may only feature a single vehicle and referring to more than one vehicle in any Advert is not permitted. The content of an Advert must only relate to the vehicle being advertised and should not refer to other products and services offered by the Advertiser. The provision of information in an Advert relating to vehicles, products and/or services other than the single vehicle being advertised shall be deemed by Autotrader to be misleading information.
20. Autotrader may, at its sole discretion, immediately remove any or all Adverts submitted by the Advertiser from the Autotrader Platforms, where:
  1. the Advertiser fails to comply, or Autotrader reasonably suspects the Advertiser has failed to comply, with the Advertising Guidelines, the Content Standards and/or any of these Conditions;
  2. the Adverts contain, or Autotrader reasonably suspects the Advert contains, misleading information;
  3. any Product(s) (including, for the avoidance of doubt, any Advertisement enhancement features and/or functionality of the Autotrader Platform including the Generated Advert Content, Supplemental Stock Information and/or AT Advert Content ) which is applied to the Advertiser's Adverts has been used, or allowed, by the Advertiser to present misleading information on any Advert; and/or
  4. any competent law enforcement or compliance authority instructs, advises or makes a recommendation to Autotrader to take down any of the Advertiser's content and/or suspend the delivery of any of the Products to the Advertiser.
21. Autotrader will use reasonable endeavours to publish Adverts within 24 hours of an Advertiser submitting the Advertiser Advert Content, although there may be reasons that delay the publication of the Adverts (e.g. additional checking). Publication of Adverts on bank holidays or any other public holiday may take longer.
22. The Advertiser agrees that Autotrader may reproduce and publish (or permit the same) all or any part of any Adverts or any analysis derived from those Adverts (including without limitation the reproduction and publication of copy, artwork, videos and photographs and other materials) and to include and/or share them on the Autotrader Platforms and/or within other Autotrader products.
23. Autotrader may reproduce and publish (or permit the same) all or any part of any Adverts (including, without limitation, any copy, artwork, videos, photographs and other materials) and include and/or share them on the Partner Websites.
24. Autotrader does not guarantee that an Advert will appear on any or a specific number of Partner Websites. Autotrader may at its sole discretion vary the Partner Websites on which an Advert appears from time to time.
Ranking
1. When a visitor to the Autotrader Platform searches for a vehicle, the Adverts that are returned on the search results page are automatically ranked according to Advert quality, relevance to the visitor's search parameters and the visitor's behaviours on the Autotrader Platforms. The exception to this is where an Advertiser pays additional fees to ensure that their Adverts rank more prominently in search results, which may include the purchase of a sponsored search position, which enables Advertisers to display Adverts in a fixed position on the search results pages.
Advertiser's Obligations and Warranties
1. The Advertiser warrants that it shall not:
  1. upload information to Portal or the Autotrader Platforms relating to any business except its own and shall not otherwise use Portal, the Autotrader Platforms or any Product for any business other than its own;
  2. access any unauthorised areas of the Autotrader Platforms or Portal;
  3. reverse engineer, decompile, disassemble or modify the whole or any part of any software (nor attempt to do any of the same) used by the Advertiser in relation to Portal and/or the Autotrader Platforms (except to the extent permitted by law). The Advertiser shall not use software to access Portal and Autotrader Platforms without Autotrader's permission and/or use software that will corrupt Portal and/or the Autotrader Platforms in any way;
  4. copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Autotrader Platforms or Portal, including taking screenshots of the Autotrader Platforms or Portal, scraping or caching any of the contents for access by third parties, nor mirror or frame any of the content of the Autotrader Platforms or Portal nor incorporate it into another website without Autotrader's express written permission;
  5. upload files to the Autotrader Platforms or Portal that contain a virus and/or corrupted data and/or development code or scripts; and/or
  6. block or otherwise restrict the ability of Autotrader to contact the Advertiser for account management purposes via email and/or telephone.
2. The Advertiser is responsible for the security of its account which enables access to Portal and/or the Autotrader Platforms. The Advertiser shall:
  1. keep safe and confidential all credentials, security identification and/or encryption details relating to Portal and/or the Autotrader Platforms and will follow all security instructions issued by Autotrader from time to time;
  2. promptly update or revoke its authentication credentials and notify Autotrader if it believes that any security information and/or other account information or data has been disclosed, lost, stolen or is otherwise at risk;
  3. ensure the physical security of any devices, mobile phones, or hardware keys used to store credentials or access Portal;
  4. nominate a primary account contact who shall be responsible for determining the access levels which the Advertiser's authorised users shall have to the different areas of Portal and/or the Autotrader Platforms, taking into account the Advertiser's business requirements (and such primary account contact shall also be permitted to delegate such ability to determine the access levels where necessary);
  5. notify Autotrader of the identity of the primary account contact and all authorised users and promptly notify Autotrader of any changes to such primary account contact/users;
  6. in nominating the primary account contact and in establishing the access levels which the Advertiser's authorised users shall have to the different areas of Portal and/or the Autotrader Platforms (including the ability to determine access levels, where such ability has been delegated), apply a reasonable standard of care taking into account the type of information which can be accessed and the actions which can be undertaken by such primary account contact/users;
  7. immediately remove access to Portal and/or the Autotrader Platforms to any users no longer authorised by the Advertiser to have such access;
  8. maintain clear and up to date records of the permissions and levels of access granted to all users; and
  9. regularly review the role of the primary account contact, the authorised users and the levels of access granted to such users to ensure they remain appropriate for the type of information which can be accessed and the actions which can be undertaken.
3. The Advertiser will treat as confidential all information contained in or concerning the Autotrader Platforms, Portal, any Products, AT Analytics Data and Valuation Data. The Advertiser will not disclose such information to any third party, except to the extent that:
  1. it is required to do so by a court or other competent authority (and such notice of disclosure shall be given to Autotrader, where permitted); or
  2. the information is already, or becomes, public knowledge except by way of any breach of confidence.
4. No warranty is given by Autotrader that the Autotrader Platforms and/or Portal are free from computer viruses or any other malicious or impairing computer programs. The Advertiser shall report to Autotrader any suspected faults to Portal and/or the Autotrader Platforms promptly after such suspected faults come to the Advertiser's attention. Autotrader will use all reasonable endeavours to remedy faults or errors on the Autotrader Platforms. The Advertiser acknowledges and accepts that once a fault or error has been reported to Autotrader it may take up to 48 hours for Autotrader to investigate and rectify the problem.
5. The Advertiser shall be solely responsible for obtaining, operating and maintaining all necessary computer hardware, software, modems and telecommunications links which it requires to access and use Portal (where relevant) and the Autotrader Platforms.
6. The Advertiser agrees that any questions and complaints regarding the vehicles offered for sale by the Advertiser on the Autotrader Platforms are the sole responsibility of the Advertiser.
7. The Advertiser warrants that:
  1. it is a motor/vehicle dealer or manufacturer advertising on the Autotrader Platforms on its own behalf (except where, at Autotrader's complete discretion, Autotrader allows an advertising agency to act on behalf of a motor/vehicle dealer(s) or manufacturer(s) for the purposes of the Advertising Agreement, pursuant to a separate contract between Autotrader and the advertising agency). For the avoidance of any doubt, except for the circumstances referred to in this clause, motor/vehicle dealers or manufacturers are not permitted to advertise on the Autotrader Platform on behalf of any third party. Autotrader reserves the right to carry out checks in respect of the Advertiser Advert Content and/or the Advertiser Information to ensure compliance with this Clause 7.7.1, including (without limitation) carrying out checks to identify whether any vehicle being advertised on the Autotrader Platforms is owned, or being advertised elsewhere, by a third party dealer;
  2. it has (or, in the case of an advertising agency referred to in Clause 7.7.1, the relevant motor dealer or manufacturer it is acting on behalf of has) the right to offer for sale any vehicle advertised by it on the Autotrader Platforms;
  3. where the Advertiser is an advertising agency as referred to in Clause 7.7.1, it is authorised to place the Advert on the Autotrader Platform;
  4. it will immediately inform Autotrader if its legal or organisational status changes at any time during the term of the Advertising Agreement (for example, from a limited liability company to a sole trader or vice versa; or from a franchise to an independent or vice versa), as this may have an impact on which stock offers the Advertiser is eligible for;
  5. it will only use Portal and Autotrader Platforms in accordance with these Conditions and the Business Rules and shall only supply Advertiser Advert Content and Advertiser Information which complies in all respects with these Conditions and the Business Rules;
  6. all Advertiser Advert Content (and all Generated Advert Content and Supplemental Stock Information contained in an Advert) is complete, accurate, legal, non-defamatory, decent, honest and truthful and comply with the British Code of Advertising Practice, all other relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation and the Advertising Guidelines;
  7. all Advertiser Advert Content (and all Generated Advert Content and Supplemental Stock Information contained in an Advert) shall comply with the Content Standards;
  8. it has and shall maintain all necessary licences, permissions and consents which may be required in order to share the Advertiser Advert Content with Autotrader, and for such Advertiser Advert Content to be used and published by Autotrader, for the purposes of and in accordance with the Advertising Agreement;
  9. it shall comply with all current legislation, advertising codes and any other regulatory requirements, including without limitation the Digital Markets, Competition and Consumers Act 2024, the Consumer Rights Act 2015, the Consumer Protection from Unfair Trading Regulations 2008 (in particular, with regard to the misrepresentation of the specification, history or previous usage of a vehicle), The UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing and the Financial Conduct Authority's Consumer Credit Sourcebook;
  10. the reproduction and/or publication of any Advert and its content (including but not limited to any Advertiser Advert Content, Generated Advert Content and Supplemental Stock Information contained in the Advert) by Autotrader and/or the use of the Advertiser's logo and trade marks on the Autotrader Platforms will not: breach any contract; infringe any third party Intellectual Property Rights; render Autotrader liable to any proceedings whatsoever; and/or harm or detriment the reputation of Autotrader; and
  11. the Advert will not contain any copy photographs or videos by which any living person is or can be identified.
8. The Advertiser shall ensure that it provides Autotrader with the Advertiser's correct contact details and shall promptly notify Autotrader of any changes to such contact details.
Payment and Charges
1. The Advertiser shall pay to Autotrader the Charges on or before the agreed due date, which shall be 30 days from the date of invoice unless notified otherwise (and subject to Clause 12.4 below). Time for payment is of the essence.
2. Invoices detailing the Charges will be issued via email, to the email address which the Advertiser has provided to Autotrader in the process of entering into an Advertising Agreement with Autotrader, on or around the 1st day of every month. The Advertiser shall ensure that it provides an appropriate and accurate email address for receiving such invoices and that such email mailbox is regularly monitored. The Advertiser shall notify Autotrader promptly of any change to this email address. If the Advertiser has not received any invoice from Autotrader by the 4th day of any month, the Advertiser must notify Autotrader on or before the 8th day of such month so that a replacement invoice can be sent to the Advertiser. If the Advertiser fails to notify Autotrader of non-receipt of an invoice within this time period, the invoice shall be deemed received and payment of such invoice shall be due in full in accordance with Clause 8.1. (and Autotrader shall be entitled to all rights and remedies set out in this Clause 8, in particular the rights and remedies detailed in Clause 8.10). It is the Advertiser's responsibility to notify Autotrader in the event that any monthly invoice is not received. For the avoidance of doubt, non-receipt of an invoice shall not release the Advertiser from any payment obligations pursuant to these Conditions
3. The Charges are exclusive of VAT which shall be payable by the Advertiser in addition.
4. Where the Advertiser elects for Stock Export, the Advertiser will pay the relevant Charges direct to Autotrader unless stated otherwise by Autotrader. Where the Advertiser is required by the Autotrader to pay the relevant Charges to the third party on whose website the Adverts are to be published, that third party shall be required to collect and remit those charges to Autotrader.
5. The Advertiser shall pay all sums due to Autotrader under the Advertising Agreement without any set-off, deduction, counterclaim and/or other withholding of monies. The existence of a query on an individual item in an account shall not affect the due date of payment of the remaining balance in an account.
6. If the Advertiser fails to make full payment by the due date, then all monies owing by the Advertiser to Autotrader shall immediately become due and payable. Payment terms may vary if payment is made by Direct Debit and agreed in writing by Autotrader. Any discount, which is extended to an Advertiser who pays the Charges by Direct Debit, is at the sole discretion of the Autotrader and may be withdrawn by the Autotrader at any time and for any reason.
7. In the event the Direct Debit mandate is cancelled by the Advertiser or the Advertiser's bank, Autotrader reserves the right to suspend all Products immediately. If the mandate is not reinstated and payment of all outstanding amounts has not been made within 7 days of the cancellation, Autotrader may continue to suspend the Products or terminate the Advertising Agreement immediately without notice. Autotrader reserves the right to charge an administration fee, each month, for payments not made by Direct Debit.
8. If the Direct Debit mandate is cancelled by the Advertiser or the Advertiser's bank on two or more occasions in a six month period and/or is repeatedly cancelled, Autotrader shall be entitled to reduce the credit terms and all monies owing by the Advertiser to Autotrader shall be due and payable on the date of invoice. In such circumstances a payment card will be required to be stored against the account and payment will be automatically charged.
9. Autotrader shall be entitled to take a 4-week pre-payment from the Advertiser as security against future Charges payable. Where Autotrader takes a pre-payment, Autotrader shall be entitled to retain this for the period specified to the Advertiser during the onboarding process or until valid termination of the Advertising Agreement and payment of all outstanding sums due to Autotrader (whichever is the earlier). The pre-payment shall not be used to discharge any Charges due by the Advertiser in respect of Products unless expressly detailed by Autotrader in writing. The Advertiser shall be liable to pay all Charges to Autotrader in accordance with Clause 8.1 above. Should the Advertiser opt to cancel the Advertising Agreement, the Advertiser will be obliged to pay an administration fee (as determined by Autotrader) in addition to a further 4-week pre-payment in order to reactivate the Products at a future date.
10. When a sum owing has not been received in full by Autotrader within 30 days from the date of invoice, or within specified terms of contract, Autotrader shall be entitled (without prejudice to any other right or remedy it may have) to:
  1. charge the Advertiser interest on any unpaid sums (both before and after judgment) at the current statutory rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 and related secondary legislation as amended or re-enacted from time to time; and
  2. suspend all products and services (including without limitation the Products) provided to the Advertiser pursuant to any agreement with Autotrader (or any part of them) until payment has been received in full (including any interest payable pursuant to Clause 8.10.1 above).
11. If the Advertiser genuinely disputes an invoice, the Advertiser must notify Autotrader within 7 days of the date of invoice. If the Advertiser fails to notify Autotrader within this time period, payment in full shall be due and Autotrader shall have the rights and remedies set out in Clause 8.10 above.
12. Unless Autotrader authorises payment to be made by Direct Debit, payment of invoices must be made by BACS or card payment. Autotrader shall not accept payment by cheque. Autotrader reserves the right to decide the amount of any credit extended to the Advertiser in its sole discretion and Autotrader shall be entitled to withdraw credit facilities from the Advertiser at any time without reason.
13. If the Advertiser exceeds the stock levels or otherwise exceeds the volume of content agreed in the Advertising Agreement, Autotrader shall be entitled to recalculate the Charges due by the Advertiser in respect of such Advertising Agreement and any additional charges shall be payable by the Advertiser immediately.
14. Autotrader will under no circumstances be liable to refund all or any part of the Charges (including but not limited to any pre-payment) in the event of the suspension of any Products and/or cancellation or termination of the Advertising Agreement (for any reason).
15. Autotrader shall have the right to change the Charges at any time and for any reason on not less than 15 days' written notice (including, without limitation, by email) to the Advertiser, after which the amended Charges shall apply.
Intellectual Property Rights
1. The Advertiser grants Autotrader a non-exclusive, irrevocable, perpetual, worldwide and royalty free licence to: -
  1. use, process, analyse, publish, reproduce and share the Advertiser Advert Content and the Advertiser Information (including all trademarks, names or logos of the Advertiser that are included in the Advertiser Advert Content and Advertiser Information) in order to create and publish the Adverts on the Autotrader Platforms and otherwise for the purposes of and in accordance with the Advertising Agreement; and
  2. use and reproduce the Advertiser Advert Content and the Advertiser Information for the purpose of creating AT Analytics Data and Valuations Data, and to the extent that any original Advertiser Advert Content and/or Advertiser Information forms part of the AT Analytics Data and Valuation Data, to use and reproduce such Advertiser Advert Content and Advertiser Information the purposes set out in Clause 10 below.
2. The Advertiser acknowledges and agrees that Autotrader (and/or its licensors, as appropriate) owns all Intellectual Property Rights existing in: (i) all trademarks, names or logos of Autotrader (including without limitation the trade mark “Autotrader”); (ii) the Autotrader Platforms and Portal (including the content, the Adverts, Autotrader's database of vehicles, and reviews relating to the Advertiser and their business); (iii) the Generated Advert Content, the Supplemental Stock Information and AT Advert Content (including to the extent it forms or incorporates a component part of any Advertiser Stock Information and corresponding Advertiser Advert Content amended in accordance with these Conditions); and (iv) the AT Analytics Data and Valuation Data (with the exception of any original Advertiser Advert Content or Advertiser Information that forms part of the AT Analytics Data and Valuation Data, which is licensed to Autotrader under Clause 9.1.2 above), together with all goodwill arising out of or in connection with the above. Nothing in the Advertising Agreement confers on the Advertiser any licence or right to use the same except as expressly set out in the Advertising Agreement.
3. The Advertiser agrees that it will give all necessary assistance to Autotrader and complete all acts as may reasonably be required by Autotrader to enable it to protect and enforce its Intellectual Property Rights and those of its licensees against third parties.
Use Of and Access To Data
1. The Advertiser Advert Content which is submitted by an Advertiser for inclusion into an Advert or otherwise in accordance with the Advertisement Agreement are accessible by the Advertiser (to be amended or updated) in Portal during the term of the Advertising Agreement.
2. Autotrader may share Advertiser Advert Content and/or analysis derived from Adverts that relates to and identifies an individual Advertiser with third parties where Autotrader deems it appropriate (e.g. Partner Websites, vehicle manufacturers and brands and/or lead aggregators).
3. All Advertiser Advert Content and Advertiser Information and any analysis derived from such is automatically used by Autotrader to create AT Analytics Data (which is used for a wide range of purposes by Autotrader including the generation of valuations and other metrics data) which is kept indefinitely (and Advertisers cannot opt-out of this use). To the extent the AT Analytics Data includes original Advertiser Advert Content and/or Advertiser Information, Autotrader uses the original Advertiser Advert Content and/or Advertiser Information to provide Advertisers (via Portal, email or otherwise), during the term of their Advertising Agreement, with analysis and insight into the performance of their Adverts and the marketplace (through the elements of AT Analytics Data and Valuation Data which are provided by Autotrader as part of the Advertiser's Package). Autotrader also uses the original Advertiser Advert Content and/or Advertiser Information which forms part of the AT Analytics Data to: (i) develop and exploit other Autotrader products, including for AI model training; and (ii) share metrics data (which doesn't identify an individual Advertiser) with third parties such as insurers, manufacturers and brands.
4. Without prejudice to the generality of the foregoing, Advertisers acknowledge and accept that, due to the way in which the Autotrader Platforms are structured, the vehicle registration mark of an advertised vehicle may, in certain circumstances, be exposed as metadata which could be accessible to third parties using developer tools.
Data Protection and Personal Data
1. The Advertiser and Autotrader warrants to the other that it shall comply with the Data Protection Laws; in so far as the Advertising Agreement relates to or involves the processing of Personal Data.
2. The Advertiser acknowledges and agrees that in entering the Advertising Agreement, the Advertiser will provide Autotrader with and Autotrader may collect and otherwise process certain Personal Data relating to the Advertiser and/or its employees, consultants, contractors and/or customers and/or any users of Portal. To the extent that Autotrader processes such Personal Data as a controller, this Personal Data will be processed in accordance with Autotrader's Retailer and PayGo Trade Privacy Notice and may be used for a number of purposes (as further detailed therein) including without limitation processing the Advertiser's order and providing the Products to the Advertiser; carrying out customer and market research; dealing with requests and enquiries; maintaining records; sending the Advertiser information on products Autotrader thinks may be of interest to the Advertiser; the creation and provision of the AT Analytics Data; the creation and provision of the Valuation Data; fraud prevention purposes including money laundering; assisting with police investigations and/or enquiries; and/or complying with statutory and regulatory obligations. The Advertiser is responsible for bringing the Privacy Notice to the attention of the Advertiser's employees, consultants, contractors and/or customers, where Autotrader may be processing their Personal Data.
3. Autotrader may disclose any information that it collects to other companies within its group, to third parties whose products and/or services Autotrader think may be of interest to the Advertiser, to credit reference agencies, finance companies, fraud prevention agencies, the police, the Financial Conduct Authority and/or any other regulatory authorities. The Advertiser acknowledges and agrees that in entering the Advertising Agreement, Autotrader may carry out credit reference checks on the Advertiser and/or any individual employed or otherwise engaged by the Advertiser. Autotrader reserves the right, at its sole discretion, to refuse to provide any products or services to the Advertiser, including without limitation any Products, if in Autotrader's sole opinion any credit reference results are unsatisfactory.
4. It is acknowledged and agreed that:
  1. each of Autotrader and the Advertiser act as separate controllers in their own right in respect of the Leads and each of them shall at all times comply with their obligations as controllers under the Data Protection Laws in respect of a Consumer’s Personal Data. Autotrader will process the Leads in accordance with its Consumer Privacy Notice. The Advertiser shall be responsible for Leads once they are shared with the Advertiser by Autotrader, including in Portal. The Advertiser shall only use the information contained in a Lead for the purpose of following up and progressing the relevant Consumer’s enquiry in respect of the Vehicle that is the subject of the Lead. The Advertiser shall be responsible for obtaining appropriate consent from the Consumer (in accordance with the Privacy and Electronic Communications Regulations 2003) before sending any unsolicited direct marketing to the Consumer, which is distinct from the Lead; and
  2. to the extent that Autotrader (or its sub-contractor) will be required to process Personal Data acting as a data processor on the Advertiser's behalf, in connection with the provision of Autotrader products or services to the Advertiser, the Data Processing Terms shall apply and be incorporated into the Advertising Agreement.
5. Where the Advertiser is a Platform Customer and the Advertiser’s Platform is provided by a Third Party Integrator, the Advertiser:
  1. instructs Autotrader to transfer a Consumer’s Personal Data contained in a Lead to the Third Party Integrator (acting as the Advertiser’s processor), to enable the Third Party Integrator to surface Leads including any component parts of an Online Lead such as Reservations and Finance Applications) in, and (where applicable) allow the submission of Finance Applications via, the Advertiser’s Platform as envisaged by these Conditions;
  2. warrants and represents that it: (i) has entered (or will enter) into an appropriate data processing agreement (as required by Article 28 of the UK GDPR) with the Third Party Integrator to cover the processing of Consumers’ Personal Data as described by Clause 11.5.1 above; (ii) will give full information to any Consumer whose Personal Data may be processed on its behalf by the Third Party Integrator; and (iii) take all other necessary steps to ensure its compliance with the Data Protection Laws (including, without limitation, contractual measures to ensure that no Consumer’s Personal Data is transferred outside the UK or EEA other than in compliance with the Data Protection Laws); and
  3. acknowledges and agrees that it is fully responsible for ensuring it undertakes due diligence against the Third Party Integrator to ensure that the Third Party Integrator has appropriate security and organisational measures in place to keep the Consumer Personal Data fully protected.
6. Without prejudice to the generality of Clause 11.4.1, the Advertiser is solely responsible for ensuring that it: (i) promptly provides Consumers with a copy of the Advertiser’s privacy notice after receiving the Consumer’s Personal Data from Autotrader in accordance with these Conditions; and (ii) only retains the Consumer’s Personal Data (including any Consumer Personal Data stored by the Advertiser in Portal or the Advertiser’s Platform) for as long as necessary for the Advertiser’s purposes and in accordance with the Advertiser’s privacy notice. In respect of Finance Application data, the Advertiser is responsible for ensuring that it makes a copy of any data that it requires for longer than the relevant default retention periods as set out in the Online Finance Application Service Business Rules.
7. The Advertiser shall without undue delay (and in any case within 48 hours of becoming aware) inform Autotrader in the event of any breach, complaint or any other default of the Advertiser’s responsibilities under this Clause 11, or by the Third Party Integrator (as applicable), in each case relating to Consumer Personal Data, and shall provide Autotrader with full details of the same. The Advertiser shall, on demand, provide Autotrader with all reasonable co-operation and assistance in relation to the resolution of any breach, complaint or other issue relating to the Consumer Personal Data.
8. Autotrader shall not be liable for any failure by the Advertiser, or Third Party Integrator (as applicable), to comply with this Clause 11 or failure to take adequate steps to protect the Consumer Personal Data. The Advertiser agrees to indemnify and keep indemnified Autotrader against any and all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with any breach of this Clause 11 or the Data Protection Laws by the Advertiser (or Third Party Integrator, as applicable) whether or not such losses or liabilities were foreseeable at the time of the breach giving rise to them.
Cancellation and Termination
1. The Advertising Agreement shall continue in force unless or until terminated by either party in accordance with these Conditions.
2. Subject to Clause 12.3 and Clause 12.4 below, the Advertiser shall be entitled to terminate the Advertising Agreement, downgrade the Package or cancel all or any Additional Products by giving notice in accordance with this Clause 12.2. The Advertiser should telephone Autotrader on 0345 111 0002 to inform them of its intentions. If, having made such phone call to Autotrader, the Advertiser continues to want to terminate the Advertising Agreement, downgrade the Package or cancel all or any of the Additional Products the Advertiser shall give not less than 30 days' notice by either by email to accountsupport@autotrader.co.uk or otherwise in writing to Autotrader sent to: Autotrader Limited, Cancellations Dept, No.3 Circle Square, 3 Hawkshaw Street, Manchester, M1 7BL. Any notice must state the Advertiser's account number and the exact Products being terminated (where applicable). It is a condition of the Advertising Agreement that any attempt to terminate the Advertising Agreement verbally shall be ineffective.
3. The Advertiser is solely responsible for ensuring that Autotrader receives any notice of cancellation or termination or any other items sent to Autotrader in connection with this Advertising Agreement. Receipt by Autotrader will only be confirmed when Autotrader sends written confirmation to the Advertiser.
4. Upon receiving confirmation of an Advertiser's intended termination of its Advertising Agreement pursuant to Clause 12.2 above, Autotrader reserves the right to issue a final invoice to the Advertiser for all outstanding amounts pursuant to the Advertising Agreement within 2 working days of the date such termination becomes effective (which shall be 30 days following the Advertiser's notice to terminate pursuant to Clause 12.2 above). Notwithstanding Clause 8.1 above, such invoice shall be immediately due and payable on the date of such invoice.
5. In the event the Advertiser breaches payment terms and/or where the Advertiser has chosen a pre-payment option and the pre-paid funds are insufficient to cover the Advertiser's accrued sum of Charges, Autotrader shall be entitled to serve a formal Notice of Termination of the account in writing (including, without limitation, by email), allowing the Advertiser 7 days to remedy any such breach and/or deficient funds. This is without prejudice to any other rights available to Autotrader.
6. Autotrader shall be entitled at its sole discretion to terminate the Advertising Agreement in its entirety on giving at least 30 days' notice to the Advertiser, along with a statement of reasons for its decision to terminate, by email or other durable medium (except in the limited circumstances set out in Clause 12.7) where:
  1. the Advertiser breaches the terms of the Advertising Agreement (and, if the breach is capable of remedy, has not remedied the breach within 30 days of receiving notice requiring the breach to be remedied);
  2. the Advertiser repeatedly breaches any one or more terms of the Advertising Agreement;
  3. the Advertiser is in breach of any other agreement with Autotrader and/or is in legal proceedings with Autotrader in respect of any other agreement;
  4. the Advertiser ceases, or threatens to cease, to carry on its business;
  5. the Advertiser is or is deemed to be unable to pay its debts as they fall due or is insolvent, suspends making payments on any debts or announces an intention to do so, is declared bankrupt, convenes a meeting of its creditors or if a proposal shall be made for a voluntary arrangement or for any other composition, scheme or arrangement with (or assignment for the benefit of) its creditors or a receiver, administrator, administrative receiver, trustee or other similar officer is appointed over any of its property or assets or a meeting is convened for the purpose of considering a resolution or other steps are taken for winding up the Advertiser (whether by the presentation of a winding up petition or otherwise or for the making of an administration order (other than for the purposes of solvent amalgamation or reconstruction) or any similar action or steps are taken in any jurisdiction in relation to any of the above;
  6. the Advertiser is refused credit by Autotrader and/or another company within the Autotrader Group;
  7. Autotrader is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its services to the Advertiser;
  8. Autotrader receives persistent complaints about Adverts placed by the Advertiser and/or regarding the Advertiser's business practices;
  9. the Advertiser commits a criminal offence (other than a road traffic offence that does not carry a custodial sentence) and/or any offence which involves fraud or dishonesty;
  10. the Advertiser acts in a way which exposes Autotrader and/or any users of the Autotrader Platforms to financial loss and/or legal liabilities and/or in a way which Autotrader reasonably believes may be detrimental to the reputation and/or business of Autotrader and/or any other company in the Autotrader's Group;
  11. in the reasonable opinion of Autotrader, the Advertiser and/or its employees have been abusive to, or have acted in any other inappropriate way (including any bullying, discrimination, harassment, or sexual harassment) towards, Autotrader's staff or Autotrader receives a complaint from a third party regarding the Advertiser's conduct in the sale of an advertised vehicle;
  12. the Advertiser has provided false information, opened an account with Autotrader in another individual's name or has otherwise acted dishonestly in their dealings with Autotrader;
  13. Autotrader, in its reasonable opinion, deems the Advertiser to be associated or otherwise connected with another Autotrader account which is currently in breach of its payment terms pursuant to these Conditions;
  14. the Advertiser fails to reasonably respond to request(s) for information from Autotrader in the context of a potential or actual dispute;
  15. there is a change of ownership and/or control (as such term is defined in section 1124 of the Corporation Tax Act 2010) of the Advertiser; and/or
  16. Autotrader elects to terminate the Advertising Agreement for any other reason, at Autotrader's convenience.
7. Autotrader shall not be required to give 30 days' notice or a statement of reasons for termination, as referred to in Clause 12.6 above, where it: (i) is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its services to a given Advertiser in a manner which does not allow it to respect that notice period; or (ii) can demonstrate that the Advertiser concerned has repeatedly infringed these Conditions or any applicable Business Rules, resulting in the termination of the provision of the whole of the services in question.
8. Autotrader shall be entitled at its sole discretion to immediately restrict, suspend or terminate the provision of any Products, or downgrade an Advertiser's Package, on giving notice to the Advertiser, along with a statement of reasons for its decision to restrict, suspend, terminate or downgrade, prior to or at the time of the restriction, suspension, termination or downgrade taking effect, by email or other durable medium. On receipt of Autotrader's notice and statement of reasons, the Advertiser shall have the opportunity to clarify the facts and circumstances via Autotrader's complaint process referred to in Clause 16.1 below.
9. Autotrader shall not be required to give a statement of reasons for restricting, suspending or terminating the provision of any Products, or downgrading an Advertiser's Package, as referred to in Clause 12.8 above, where it: (i) is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds; or (ii) can demonstrate that the Advertiser concerned has repeatedly infringed these Conditions or any applicable Business Rules, resulting in the termination of the provision of the whole of the services in question.
10. Termination of the Advertising Agreement shall be without prejudice to any rights accrued by Autotrader prior to termination and the Advertiser shall repay Autotrader on a full indemnity basis for all costs and expenses (including administration and legal costs) incurred by Autotrader if the Advertiser changes address and fails to notify Autotrader and/or in recovering any sums due to it under the Advertising Agreement.
Liability and Indemnity
1. Autotrader shall provide the Products with reasonable care and skill and in a professional and timely manner. Any Adverts on the Autotrader Platforms created by or on behalf of Autotrader, shall be designed materially in accordance with the Advertiser Advert Content and in accordance with these Conditions. However, the Advertiser acknowledges and accepts that it is technically impossible to provide the Autotrader Platforms, Portal and the Products free of faults, interruptions or errors and that Autotrader does not undertake to do so. Autotrader shall have no responsibility or liability arising out of or about any communications or network defects, delays or failures (whether temporary or otherwise): (a) experienced by the Advertiser or any third party while accessing any Autotrader Platform and/or Portal; and/or (b) which impact on any Product.
2. Where Autotrader is transferring Adverts and/or Advertiser Information to any third party in relation to any Product, including but not limited to owners of the Partner Websites, Autotrader will use its reasonable endeavours to transfer such information accurately and without corruption or errors. However, the Advertiser acknowledges that it is technically impossible to guarantee continuity of service or corruption-free or error-free transfer. Autotrader's sole liability about this clause is to liaise with the relevant third party and to re-transfer the relevant information.
3. Any credits offered to the Advertiser in respect of faults in the operation of the Autotrader Platforms affecting the Products shall only be payable by Autotrader at its sole discretion and in any event for a maximum period of four weeks unless there is proven to be (to Autotrader's reasonable satisfaction) an ongoing fault. For the avoidance of doubt, Autotrader shall have no obligation to pay any refunds, credits, or compensation of any kind in respect of any period of service unavailability, downtime, interruption to, or degradation in the performance of, the Autotrader Platforms, Portal, the Products, or any part thereof.
4. From time to time, Autotrader will need to carry out maintenance work on its equipment and systems, and shall use its reasonable endeavours to ensure that, in doing so, reasonable notice is given and minimum disruption to the Autotrader Platforms and/or Portal is caused. However, the Advertiser acknowledges that Autotrader cannot guarantee that the Autotrader Platforms and/or Portal will be continuously available. For the avoidance of doubt, no refunds, credits, or compensation of any kind shall be offered to the Advertiser in respect of interruptions to the Autotrader Platforms and/or Portal arising as a result of maintenance work and/or due to circumstances outside of Autotrader's reasonable control.
5. The Advertiser acknowledges that where Autotrader has transferred or otherwise transfers Advertiser Information to and/or an Advert is placed on a third party website (including without limitation a Partner Website) display of any such Advertiser Information and/or Advert on the third party website is the responsibility of the relevant third party and Autotrader has no responsibility for the acts and/or omissions of the third party in question (including but not limited to any failure by the third party to place an Advert on its website and/or any disruption to the third party website). Where relevant, the Advertiser shall promptly notify Autotrader if the agreement between the Advertiser and any such third party is terminated whereupon Autotrader shall be entitled to cease to transfer information to such third party.
6. Autotrader does not monitor or control and shall not be responsible for the content of Adverts (including, for the avoidance of any doubt, any Advertiser Advert Content, Generated Advert Content and/or Supplemental Stock Information, which is incorporated into an Advert) or the Advertiser's rights in or to the Advertiser Advert Content. The Advertiser agrees that such matters are its sole responsibility.
7. Adverts placed in Portal will automatically expire if no changes or amendments are made to the Advert for a period 180 consecutive days.
8. Subject to Clause 13.9 below, Autotrader shall not be liable to the Advertiser:
  1. for any loss or damage suffered by the Advertiser arising out of or about any total or partial failure to publish an Advert and/or for removing any Advert and/or Advertiser Advert Content from the Autotrader Platforms and/or Portal;
  2. for any loss or damage suffered by the Advertiser arising out of or about a failure by the Advertiser to keep safe and confidential all credentials, security identification and/or encryption details. The obligation to keep details secure includes the requirement that the Advertiser only submits its details to access the legitimate Autotrader log in page, and it is the Advertiser’s responsibility to carry out reasonable security due diligence to ensure the authenticity of the log in page before inputting such details into any log in page;
  3. for any loss or damage suffered, or costs incurred, by the Advertiser in respect of any delay, failure, unavailability or downtime that impacts on any method of submitting Leads via the Autotrader Platforms (or an Advertiser’s Autotrader Dealer Website, as applicable) or the receipt of Leads by the Advertiser (including via any Third Party Integrator);
  4. in contract, tort (including without limitation negligence), statutory duty or otherwise arising out of or about the Advertising Agreement for:
    1. consequential, indirect or special loss or damage; or
    2. any loss of goodwill or reputation;
    3. loss of contracts, business and/or opportunity;
    4. loss of profits;
    5. loss of revenue or anticipated savings;
    6. business interruptions;
    7. loss of or corruption to, or loss of use of, data howsoever caused (including caused as a result of e-crime attacks by third parties) and/or
    8. any economic and/or other similar losses;
  5. for any loss or damage suffered by the Advertiser arising out of or in connection with any error, omission, or inaccuracy in any AT Advert Content, where the Advertiser became aware, or reasonably should have been aware, that the AT Advert Content was incomplete, incorrect or misleading and failed to notify Autotrader of such in accordance with Clause 5.1. Autotrader shall also not be liable for any error, omission or inaccuracy in any AT Advert Content, which arises as a result of data provided to Autotrader by any third party;
  6. for any loss or damage suffered by the Advertiser arising out of or about the incorporation by Autotrader of any Manufacturer Image pursuant to these Conditions; and
  7. unless a claim is brought by the Advertiser against Autotrader within 3 months of the date of the cause, or first in the series of causes of related events, giving rise to the claim.
9. Subject to Clauses 13.10 and 13.12 below, the total aggregate liability of Autotrader howsoever arising (whether in contract, tort (including without limitation negligence), statutory duty, misrepresentation, restitution, or otherwise), in respect of all claims arising under or in connection with the Advertising Agreement (including, without limitation, any liability arising from Autotrader’s failure to deliver any product features, enhancements, functionality, or performance improvements, and any liability for service unavailability or downtime) shall not exceed 125% of the monthly charge paid for the Package.
10. Nothing in the Advertising Agreement shall exclude or restrict any liability Autotrader may have for death or personal injury caused by its negligence, for fraudulent misrepresentation and/or for any other liability which it is not permitted to exclude by law.
11. Any warranties, terms or conditions of any kind whether express or implied, statutory or otherwise, including without limitation, implied terms of satisfactory quality or fitness for purpose, are hereby expressly excluded fully permitted by law.
12. The Advertiser’s sole and exclusive remedy for any service unavailability, downtime, interruption to the Autotrader Platforms, Portal or the Products, or any failure by Autotrader to deliver any product features, enhancements, or functionality, shall be service restoration (where reasonably practicable). No other remedies (including, without limitation, damages, refunds, credits, or compensation) shall be available to the Advertiser in respect of such matters.
13. The Advertiser shall indemnify and keep Autotrader fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with: (i) any breach of the Advertising Agreement by the Advertiser; (ii) any third party complaints or claims brought against Autotrader in respect of any Advertiser Information, Advert (including any Generated Advert Content and/or Supplemental Stock Information incorporated into an Advert) and/or Advertiser Advert Content; (iii) any claim that the use by Autotrader of any Advertiser Information, Advert (including any Generated Advert Content and/or Supplemental Stock Information incorporated into an Advert) and/or Advertiser Advert Content infringes any third party Intellectual Property Rights or other third party rights; (iv) any Consumer complaints or claims brought against Autotrader in respect of any act or omission by the Advertiser in respect of a Lead (or any component part of an Online Lead); (v) any third party claim against Autotrader relating to the sale or purported sale of a vehicle, or part exchange transaction, by the Advertiser, including where the Advertiser has failed to fulfil any offer accepted by it; and/or (vi) any errors in AT Advert Content to the extent arising from incorrect or incomplete information provided by the Advertiser.
14. Without prejudice to the liability of the Advertiser to pay the relevant Charges for any Advertising Agreement in full by the relevant due date, in the event of any error, misprint or omission in an Advert, Autotrader may at its sole discretion, either amend the relevant part of the Advert or refund or adjust the Charges. No amendment, refund or adjustment to the Charges will be made where in Autotrader's sole opinion the error, misprint or omission does not materially detract from the Advert or where it arises because of incorrect or inadequate information provided by the Advertiser.
Linking
1. Autotrader has no liability or responsibility of any kind for the accuracy or content of any information or any other aspect of any third party website (including but not limited to Partner Websites) and the inclusion of hypertext links to such websites does not imply any endorsement of the material contained on such websites or of the owners.
2. Hypertext links to the Autotrader Website on non-consumer facing sites only may be made without the need for Autotrader's written consent, provided there is no express or implied endorsement or sponsorship of the Advertiser, its commercial entity or any other website by Autotrader. Autotrader may at any time and for any reason require the Advertiser to remove any hypertext links to the Autotrader Website or the Autotrader Platforms from any website controlled by the Advertiser.
Force Majeure
1. Autotrader shall not be liable to the Advertiser and/or be deemed to be in breach of the Advertising Agreement by reason of any delay in performing and/or any failure to perform its obligations under the Advertising Agreement if the delay and/or failure is due to any cause beyond Autotrader's reasonable control (including but not limited to any act of God, epidemics or pandemics, national or local lockdowns, lock out or other industrial action, governmental action or restriction, war, terrorism, cyber-attack, fire, flood, infrastructure failure, power failure, strike or civil commotion, interruptions in electrical or telecommunications services or delays or failures of the internet or other communications systems necessary for the provision of the Products) and time for performance of that obligation shall be extended accordingly.
Complaints Process and Mediation
1. Any questions or complaints about these Conditions, the Advertising Agreement or Autotrader's Products should be sent to Autotrader's customer service team. Please see our Advertiser Complaints Handling Policy for further information. Autotrader will publish information on the functioning and effectiveness of its complaint handling process annually.
2. Mediation is a procedure in which two or more parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them to reach settlement, without having to go to court. If any disputes are not resolved by means of Autotrader's internal complaint-handling system (referred to in Clause 16.1 above), Autotrader will provide the Advertiser will the names of at least two mediators that Autotrader is willing to engage with in order to attempt to settle the dispute.
Trade Adverts
1. It is the responsibility of the Advertiser to make it clear in any Advert and on its website, that the Advertiser is not a private seller and is selling goods in the course of a business, in compliance with the Consumer Protection from Unfair Trading Regulations 2008 and the Consumer Rights Act 2015. Failure to comply is an offence for which the Advertiser may be prosecuted.
2. The Advertiser is not permitted to place any Adverts as private adverts and/or otherwise pass itself off as a private seller. Autotrader may at its sole discretion remove any Advert that has been placed as private by an Advertiser who Autotrader reasonably believes is selling a vehicle in the course of a business. In such circumstances, the Advertiser will not be entitled to any refund for the Advert in question and may be charged an administration fee by Autotrader.
General
1. Autotrader shall be entitled to monitor (and to inspect, audit and take copies of relevant records, and other documents as necessary, to verify) the Advertiser’s compliance with its obligations as set out in these Conditions and the use of the Products.
2. The Advertising Agreement contains the entire agreement and understanding between the parties and supersedes all prior agreements, arrangements, statements and understandings between the parties relating to the subject matter of the Advertising Agreement. Each party acknowledges that it has not entered the Advertising Agreement in reliance upon any representation not expressly set out in the Advertising Agreement and neither party shall be liable in respect of any representation made prior to and not contained in the Advertising Agreement. Nothing in these Conditions shall exclude or limit Autotrader's liability for fraudulent misrepresentation.
3. The Advertising Agreement is personal to the Advertiser, and the Advertiser may not assign or transfer the Advertising Agreement without the prior written consent of Autotrader. Autotrader reserves the right to assign or subcontract the Advertising Agreement and any of its rights and obligations under the Advertising Agreement to a third party.
4. Where two or more persons are named on the Advertising Agreement as the Advertiser, their liability shall be joint and several.
5. Autotrader may modify these Conditions from time to time and Advertisers should therefore ensure that they review these Conditions regularly.
6. Except as set out in these Conditions, no variation of the Advertising Agreement shall be binding unless agreed in writing and signed by an authorised representative of Autotrader.
7. No failure or delay by Autotrader to exercise any right or remedy under the Advertising Agreement shall constitute a waiver of that right or remedy nor shall it prevent or restrict the further exercise of that right or remedy. No single or partial exercise by Autotrader of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
8. If any provision of the Advertising Agreement (or part of any provision) is found by any court or other competent authority to be invalid, illegal or unenforceable, that provision (or part-provision) shall, to the extent required, be deemed deleted from the Advertising Agreement. Such finding shall not affect the validity or enforceability of any other provision of the Advertising Agreement (or any remaining part of the affected provision), which shall continue in full force and effect.
9. Nothing in the Advertising Agreement shall confer any rights or benefits, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the Advertiser and Autotrader.
10. The Advertising Agreement shall be governed by and construed in accordance with English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.

Main Advertising Terms and Conditions

Definitions and Interpretations

Advertising Agreement

Products

ONLINE LEADS, CALLS AND LEADS

Content for Advertisements

Ranking

Advertiser's Obligations and Warranties

Payment and Charges

Intellectual Property Rights

Use Of and Access To Data

Data Protection and Personal Data

Cancellation and Termination

Liability and Indemnity

Linking

Force Majeure

Complaints Process and Mediation

Trade Adverts

General