IMPORTANT LEGAL NOTICE
YOU ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS WHEN GRANTED ACCESS TO THE MMF CUSTOMER SERVICE PORTAL. PLEASE READ THEM CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE THE SERVICES.
TERMS AND CONDITIONS ("the Terms")
Nothing herein contained is intended to affect, nor will it affect, a Consumer’s statutory rights under The Supply of Goods and Services Act 1982, The Sale of Goods Act 1979, The Unfair Contract Terms Act 1977 or The Consumer Protection Act 1987 or any amendments thereof or statutory additions thereto.
1.1 In these Terms the following expressions, shall have the following meanings (unless otherwise stated):
1.1.1 "MMF" or "we" means Motormile Finance UK Limited which trades under the name MMF (registered in England and Wales with company number 06637307 whose registered office is at Protection House, 83 Bradford Road, Stanningley, Pudsey, West Yorkshire, LS28 6AT) and "our" shall be construed accordingly.
1.1.2 "Information" means all or any part of the information and other content that is delivered through the Services;
1.1.3 "Services" means the online services provided by MMF from the Site from time to time, including without limitation the following: Account Management, Personal Information Updates, Payment Plans, News and such additional services as MMF may offer from the Site from time to time;
1.1.4 "Site" means the MMF Customer portal located on the Internet at the URL https://mmile.com/myaccount.
1.1.5 "User Guides" means explanatory guides to the Services which are available on the Site; and
1.1.6 "you" or "User" means an individual, company, partnership or any other entity or organisation (whether or not having a separate legal personality) authorised by MMF to use the Services in accordance with these Terms and "your" shall be construed accordingly..
1.2 In these Terms, the following general definitions shall apply:
1.2.1 the singular includes the plural and vice versa and any references to any gender include all other genders;
1.2.2 including means "including, without limitation;
1.2.3 the headings and punctuation are for convenience only and shall not affect interpretation.
2.1 These Terms set out the basis on which Users may access and use the Services.
2.2 By accessing the Site and using the Services, you are deemed to have accepted these Terms.
2.3 MMF may change these Terms and the functions or facilities of the Site and/or the Services from time to time. By continuing to use the Site you will be deemed to have accepted such changes. It is the responsibility of the User to check the Site from time to time to review the current applicable Terms.
3. USE AND RESTRICTIONS
3.1 MMF grants you a worldwide, non-exclusive and non-transferable licence to access the Site and Services electronically and use the Information subject to these Terms. You may not grant a sub-licence of these rights to any other person or entity without MMF’s prior written consent.
3.2 You may access the Site and Services and use the Information for your own personal use.
3.3 The Information may not be reproduced other than when downloaded and viewed on a single computer terminal or printed out in hard copy form by you for your personal use only, provided always that any graphics and/or proprietary notices contained within the Information are not modified in any way. The Information is not to be made available on a network or otherwise reproduced, stored or transmitted to any other site or included in any public or private electronic retrieval system without MMF’s prior written permission. All other rights are reserved.
3.4 You may not:
3.4.1 except as permitted under these Terms, alter, modify, copy, reverse engineer, perform, distribute, transmit, display, publish, licence, create derivative works from, transfer or sell any content, software, information, or products made available on the Site or by way of the Services;
3.4.2 use or permit third parties to use any device, software or routine in a way which interferes, or attempts to interfere, with the proper working of the Site and/or the Services;
3.4.3 take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site and/or the Services; or
3.4.4 post or transmit to or from this Site and/or the Services any material:
22.214.171.124 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
126.96.36.199 for which you have not obtained all necessary licences and/or approvals;
188.8.131.52 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or;
184.108.40.206 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.4.5 MMF may terminate your access (temporarily or permanently) to all or any part of the Site and/or the Services immediately without notice if you are in breach of any of these Terms.
4. SERVICES AND ACCESS
4.1 The Services are provided from the Site which is a secure web portal operated by MMF. MMF may at any time modify and/or withdraw the Services.
4.2 Whilst MMF will use all reasonable skill and care in providing the Services and the Information and making them available for access from the Site, you acknowledge that access to them may not be uninterrupted and that the Information may not be error free and reception could be subject to delays as a result of routine or emergency maintenance, failures attributable to your computer equipment or network and circumstances beyond MMF’s reasonable control, including without limitation failure of telecommunications links, power and utilities failure and the fact that the Services are being provided by means of the public Internet.
5. USER NAMES AND PASSWORDS
5.1 You may only access the Services if you have registered and been allocated a username and password. You acknowledge and accept that instructions and actions transmitted via the Site will be deemed to have originated from you if the correct username or password have been used.
5.2 You may not share your username and password with any other person. MMF reserves the right to reset passwords and/or issue new usernames at any time upon notice to you.
5.3 You may not disclose any password to any person but shall keep it secret at all times.
5.4 You will notify MMF if you know or suspect that any other person has become aware of your username and/or password.
5.5 Responsibility for the security of usernames and passwords issued rests with you.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All intellectual property rights in the Site, the Services and the Information including without limitation the design, text, graphics, know-how, and selection and arrangement thereof, the User Guides and all software compilations, source code, software and databases contained with the Site and/or the Services are owned or validly licensed to MMF and the User acquires no rights in them.
6.2 MMF is the owner of or has the right to provide the Information through the Services. You will not acquire any intellectual property rights in the Site, Services or the Information. Any infringement by you of MMF's rights may result in legal action.
The Services permit MMF and Users to transmit, display, publish and share information including confidential information. You will take all necessary precautions to ensure that such information is kept confidential. This does not apply to any information which is or becomes public knowledge, other than by breach of this clause, or is required to be disclosed by law.
8. WARRANTIES, LIABILITY AND INDEMNITY
8.1 Whilst MMF endeavours to ensure that the Information is correct, MMF does not warrant its accuracy and completeness or that it will be error-free. MMF will endeavour to correct errors and omissions as soon as practicable after becoming aware of them but does not accept liability for them.
8.2 MMF does not warrant that the Site or the Services will operate without errors or computer viruses. MMF will not be liable for any data lost or any equipment or software replaced by you as a result of accessing the Site and using the Services.
8.3 The Site, Services and Information are provided to you "as is" without any conditions, warranties or other terms of any kind. Accordingly to the maximum extent permitted by law, MMF excludes all representations, warranties, conditions and other terms whether express or implied by statute, common law or otherwise.
8.4 MMF does not limit its liability to you for death and personal injury caused by its negligence nor shall these Terms be construed so as to impose any limitation or exclusion of liability that is expressly prohibited by law. For the avoidance of doubt and subject to the above, MMF shall not in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
8.4.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;
8.4.2 any loss or corruption (whether direct or indirect) of Data or information (other than as is provided in the Privacy and Data Protection Requirements);
8.4.3 loss (whether direct or indirect) of anticipated savings or wasted expenditure; or
8.4.4 any loss or liability (whether direct or indirect) under or in relation to any other contract.
8.5 In no event shall MMF be liable to you for any indirect, special, incidental or punitive or consequential losses or damages (including third party claims, loss of profits, revenue or goodwill) suffered by you or any third party howsoever caused, including any loss or damage suffered by you as a result of an action brought by a third party) arising in relation to the Site, Services and/or Information (including any errors, inaccuracies or omissions in the Information or any faults, interruptions or delay in connection with the Site and/or Services) or any transaction made in reliance on the Information or in connection with the Services.
8.6 You will indemnify MMF against any loss, damage or expense incurred by MMF arising out of your misuse of the Site, Services and/or Information.
MMF may terminate your access to the Site, Services and/or Information immediately without notice if you are in breach of any of these Terms.
These Terms shall be governed by and construed in accordance with English law and the Parties submit to the exclusive jurisdiction of the English Courts.
12. NO WAIVER
No delay, failure or omission on the part of either Party in enforcing or exercising any right, claim or remedy under these Terms shall constitute a waiver of such right, claim or remedy (or any other right, claim or remedy) and shall not operate so as to bar the enforcement or exercise of such right, claim or remedy at any time thereafter.
13. RIGHTS OF THIRD PARTIES
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
14. ENTIRE AGREEMENT
These Terms and any amendments entered into by the Parties pursuant to these Terms, constitutes the entire agreement between the Parties and supersedes any previous Terms or arrangement between the Parties relating to the Services.
15. INTERNET POLICY
We will send correspondence by email but at the present time, the Internet is unregulated. This means:
13.1 We cannot guarantee that information given and received over the Internet will not be read and received by third parties
13.2 There is also no reliable method of guaranteeing emails sent either by you or by us will be received, will arrive at a given time or will arrive at an email box accessible by someone other than the named recipient. If an email is urgent you should telephone to confirm receipt.
13.3 There is no guarantee that the sender of the email is genuine, as the path of the email cannot be audited.
13.4 You should be aware that emails, which contain attachments, may contain viruses. The following disclaimer and warning is attached to all MMF emails. Please read this carefully:
"The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed to or used by or copied in any way by anyone other than the intended recipient. If this email is received in error, please contact MMF on 0113 887 6876 quoting the name of the sender and the email address to which it has been sent and then delete it. Please note that neither MMF nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments.
MMF is registered in England and Wales (registered number 06637307) with its registered office at Protection House, 83 Bradford Road, Stanningley, Pudsey, West Yorkshire, LS28 6AT.
13.5 All emails have the same legal effect as a letter or fax and we will act on your instructions received by email. By adding your email address and signing the declaration contained in the questionnaire you are accepting the risks and authorising us to correspond with you by email.
13.6 MMF maintains compulsory professional indemnity insurance, details of which are available for inspection at our registered office.
Motormile Finance UK Limited