Terms of Use

Visitor Agreement

Welcome to the www.hagerty.co.uk website, operated by or on behalf of Hagerty International Limited (“Hagerty”) which is a private company registered in England and Wales with company registration number 05454447 and registered office address 141b The Command Works, Old Skimmingdish Lane, Bicester Heritage, Bicester, OX27 8FZ. Hagerty International Limited is authorised and regulated by the Financial Conduct Authority with firm reference number 441417. You can contact us by telephone on the Hagerty general switchboard at 0333 323 1138.

The website is comprised of various web pages and apps operated by Hagerty or ‘Hagerty’ branded microsites (collectively the “Hagerty website”). The Hagerty website is offered to you subject to your acceptance of the provisions of these Terms of Use (“terms”) without modification and apply regardless of whatever device you are using, including a desktop, laptop, digital television, handheld device or other mobile device. By using the Hagerty website or viewing its contents, you warrant that you are at least 18 years of age (unless you are using or viewing the Operation Ignite! Pages) and you accept and agree to be bound by these terms. If you do not agree to these terms, please exit the Hagerty website immediately. Hagerty reserves the right to change these terms at any time without notice. In addition to these terms, when using a particular Hagerty product or service online, you and Hagerty may also be subject to any additional posted guidelines, terms, rules or restrictions applicable to such product or service.

You acknowledge and agree that by accessing the Hagerty website that this is a legally binding agreement between you and Hagerty supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and that you have read these terms carefully.

Hagerty Proprietary Rights

Hagerty is the owner or licensee of all intellectual property rights in the Hagerty website and all materials on it, including without limitation the website’s content, software, technology and databases, contain proprietary information and data that is protected by applicable copyright, trademark, trade secret and other intellectual property laws (Hagerty’s “Proprietary Information”). The Proprietary Information also includes, without limitation, the software programming and html and other code contained in the Hagerty web site, Hagerty Vehicle Values and other vehicle information, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Hagerty website. Hagerty Vehicle Values is a compilation of information and data on the price of vehicles that is derived from a variety of sources including Hagerty’s own proprietary data and Hagerty’s own valuation experts. Except as expressly set out in “License for Personal Use” nothing in these terms shall be construed as conferring any licence or other right in relation to the Proprietary Information.

License for Personal Use

By offering the Hagerty website for use, we grant you a limited, nonexclusive, nontransferable, revocable license and permission to access and make personal, non-commercial, private use of the Hagerty website strictly subject to these terms (herein “License for Personal Use”). You may not download, alter, modify, reproduce, redistribute, re-use, display to the public, sell or otherwise extract data, images, or any other content from any portion of the Hagerty website (other than your own “User-Generated Content,” as described below), except with Hagerty’s written or e-mailed consent. This license does not include any resale or commercial use of the Hagerty website or its content; any collection or use of any vehicle information or Hagerty Vehicle Values for commercial purposes; any collection or use of the editorial content or the content submitted by visitors to the Hagerty website; any derivative use of the Hagerty website or its content; or any use of data mining, robots or similar data gathering or extraction tools or processes; and you agree not to do any of the foregoing. Except as explicitly provided in these terms, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the contents of any portion of the Hagerty website for any commercial purpose.

Notwithstanding the preceding paragraph, you may display and print a single copy of pages of the Hagerty website for your personal, private, non-commercial use.

Copyright and Trademark Notices

All copyright, database rights and other intellectual property in the contents of the Hagerty website belong to Hagerty and/or its parent company and affiliates. Hagerty trademarks may not be used in connection with any product or service that is not Hagerty’s, in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Hagerty. All other trademarks not owned by Hagerty or its affiliates that appear on this site are the property of their respective owners.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied — by us or by any third party on the Hagerty website — in a manner that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the Hagerty website, including the URL of the page on which it appears;

Your address, telephone number and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; and

A statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Notice of claims of copyright infringement on the Hagerty website should be sent to:

Hagerty International Limited

Attention: Operations Manager

141b The Command Works, Old Skimmingdish Lane,

Bicester Heritage,

Bicester, OX27 8FZ.

User Generated

The Hagerty website may provide certain ways for you to participate in surveys, contests, promotions or to otherwise communicate with other website users or visitors or with us by submitting content to the website. Any such contests and promotions will be subject to additional terms and conditions made available to you at the time. When you submit content, you agree to abide by the following terms:

A. You represent and warrant that:

• you have all necessary right, power and authority to grant the license set forth herein and to submit, post, email, upload, transmit or otherwise make available (hereafter “Submit” or “Submitted”) the content Submitted by you; and
• content Submitted by you does not violate, misappropriate or infringe any copyright, trade secret, trademark, privacy, publicity or other proprietary property right of any third party.

B. You will not to use this site or service to Submit content that:

• is unlawful, harmful, threatening, abusive, excessively violent, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• you do not have a right to make available under any law or under contractual or fiduciary relationships (including but not limited to insider information or proprietary and confidential information);
• contains profanity in subject lines, messages, signatures or otherwise;
• promotes or contains information that you know, or should know, is false or misleading;
• furthers or promotes any criminal activity or enterprise or provides instructional information about criminal or otherwise illegal activities;
• contains a photograph(s) of, or information about, another person that you have posted without that person’s consent;
• interferes, disrupts, or creates an undue burden on Hagerty’s site or services or the network(s) connected thereto;
• contains viruses, Trojan horses, worms, or any other disruptive or harmful component;
• is confidential or copyrighted, trademarked, protected by trade secret or otherwise subject to a third party’s intellectual property or proprietary rights, including privacy and publicity rights, unless you have specific written permission from the owner to post the material and to grant Hagerty all of the license rights granted herein;
• is transmitted in an attempt to impersonate another member or person;
• is inconsistent with any and all applicable laws and regulations;
• consists of any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organisation without Hagerty’s prior written permission; or
• contains misleading or false information, including without limitation information that artificially inflates or deflates the value of a vehicle.

C. You are solely responsible for determining whether content Submitted while using this site or services complies with all the terms above in Paragraphs A & B.

D. You acknowledge that Hagerty does not endorse any content or any opinion, recommendation, or advice expressed in content Submitted by you, and Hagerty expressly disclaims any and all liability in connection with your use of the Hagerty site and any content you Submit to the Hagerty site. You acknowledge that the materials and opinions expressed or included in any content Submitted by you or other users are not necessarily those of Hagerty.

E. You will indemnify, defend and hold harmless Hagerty and its related and affiliated companies, clients, customers, principals, directors, officers, employees, agents, and representatives (“Hagerty Parties”) from and against any and all claims, damages, demands, or liabilities, including attorneys’ fees and costs, arising out of or related to your use of the Hagerty site or any content Submitted by you. You hereby agree to waive all laws that may limit such releases. For example, without limitation, you specifically agree to waive the provisions of California Civil Code Section 1542, which provides: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the debtor.”

F. By submitting content to the Hagerty website, you are granting to us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that content throughout the world for any purpose and in any media (including for advertising or other commercial use), and you waive your moral rights to be identified as the author of the content Submitted. The licensed rights include, without limitation, any patent, trademark, copyright, trade secret, publicity or privacy rights in and to the Submitted information. These rights apply to your name, other personal information, photo, likeness and voice, if included in that content. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorised use or reproduction of your content. If we publish your content or authorise or license others to do so, your content may be edited for length or clarity or for any other reason either before or after it is published in Hagerty’s sole discretion, and it may or may not be attributed to you by name and city (if provided to us), and it may or may not be attributed to you by your Hagerty website username (if you have one). You are not entitled to any compensation or reimbursement of any kind from Hagerty or its affiliates under any circumstances for your Submitted content. Further, Hagerty shall be free to use any ideas, concepts, knowhow or techniques contained in such Submitted information for any purpose whatsoever, including but not limited to developing, selling and marketing products and services incorporating such information.

G. You will not attempt (or encourage or authorise others to attempt) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Hagerty site or services, and you agree to notify Hagerty immediately if you are aware of such an attempt.

H. You acknowledge and agree that Hagerty may not (and has no obligation to) review or monitor content Submitted by you, and you acknowledge that Hagerty is merely acting as a passive conduit and is not undertaking any obligation or liability relating to your content or your activities or the content and activities of other users of the Hagerty site.

I. You also acknowledge and agree that, notwithstanding Paragraph H, Hagerty reserves the right to alter, edit, refuse to post or remove any content Submitted by you, in whole or in part, for any reason or for no reason and Hagerty has no obligation to use or respond to and content Submitted by you or others. If you feel that Submitted content is objectionable, you can report it to Hagerty. Hagerty will review the material, and if appropriate, may remove or edit the material, however, these options may not be available or may not occur immediately.

J. You acknowledge and agree that you have no ownership claim in any compilation of data or information that is created by Hagerty that incorporates information, photographs, data or other materials that you Submitted. You acknowledge and agree that Hagerty may use any such Submitted information in a compilation and that Hagerty is the sole owner of any such compilation of Submitted information.

Consent to Electronic Communications

By communicating with Hagerty electronically, you consent to receive communications from Hagerty by email. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assumption of Risk and Liability and Warranty Disclaimers

Your use of the Hagerty website is solely at your own risk. The materials, information, software, products and services (collectively “services”) contained on or available through the Hagerty website are provided “as is” and without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the services will meet your requirements, or that your access to the same will be uninterrupted, error or virus free or free of other harmful components..

The Hagerty website may contain third-party advertising and sponsorship. The advertisers and sponsors are responsible for the content of this information, and Hagerty makes no representations or warranties as to the accuracy or legality of these advertisements. Hagerty will not be responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials, or for the acts or omissions of such advertisers or sponsors.

Hagerty does not warrant, guarantee, or make any representations with respect to performance, accuracy, reliability, security, capability or currentness of the website or services. Under no circumstances will Hagerty be liable to you for any damages, including consequential, incidental, or special damages, arising out of the use or inability to use the Hagerty website or services, even if Hagerty has been advised of the possibility of such damages. To the extent that any particular disclaimer, limitation on damages or liability, or any other provision of these terms is prohibited by law, then instead, Hagerty will be entitled to the maximum disclaimer, limitation on damages, warrantees or liability, or other protection available under such law.

All vehicle values and other information displayed on the Hagerty website are gathered from public and non-public sources, including Hagerty Proprietary Information, and are based on algorithms that are believed by us to be reliable (other than User-Generated Content, as to which we make no such representation), but no assurance can be given that this information is accurate, complete or current. Vehicle values will vary depending on specifications, vehicle conditions or other particular circumstances and do not imply agreed value insurance coverage in the amounts displayed. In the event of a claim, the agreed value on your policy declarations page is the amount your vehicle is covered for, even if the vehicle value displayed on the Hagerty website is different. We do not warrant the accuracy of, or assume (and you agree that Hagerty does not bear any) responsibility for any errors or omissions in the information, advice, recommendations or guidance provided on the Hagerty website.

Modification of Terms

Hagerty reserves the right to change the terms under which the Hagerty website is offered. We will let you know about them by revising the “last updated” date at the bottom of the terms. By continuing to use the Hagerty website after Hagerty has posted changes to these terms, you agree to and accept the changes. You may not use Hagerty website and may not accept the terms if you are a person barred from using services that Hagerty provides under the laws of any country in which you are resident or from which you use the Hagerty website. Hagerty also reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Hagerty website for any reason with or without notice to you.

Links

You may link to the Hagerty website provided you link to the homepage in a new browser window and do not deep link nor frame the Hagerty website.

The Hagerty website may contain links to other websites (“linked sites”). While we encourage you to consult such linked sites, Hagerty does not control, endorse or guarantee any of the content found on such linked sites, or the content of any advertising we display; we are not responsible for the claims made by those third parties or for the products or services those third parties provide; and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those third parties. You agree that Hagerty is not responsible for any advertising that we display, or for any content, associated links, resources or services on or provided through sites not operated by us, and that Hagerty shall not be liable for any loss or damage of any kind arising from or incurred in connection with your use of linked sites or any third-party content, services or products.

Disclaimer

Hagerty does not endorse or recommend any of the resources or services linked to this site. These are provided for informational purposes only. Hagerty implies no warranties or guarantees as to the suitability for any purpose of any of the products or services either listed on or linked to this site. Any advice, recommendations, or opinions set forth in linked articles are solely those of the author and should not be considered advice, endorsement, or a recommendation from Hagerty.

No Unlawful or Prohibited Use

As a condition of your use of the Hagerty website, you warrant to Hagerty that you will not use the Hagerty website for any purpose that is unlawful or prohibited by these terms. You may not use the Hagerty website in any manner, which could damage, disable, overburden, or impair the Hagerty website or interfere with any other party’s use and enjoyment of the Hagerty website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Hagerty website. If you are aware of any unlawful use or any use in violation of these terms, you must report such use of violation to Hagerty immediately.

Passwords and Account Security (If Applicable)

If applicable, you agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access Hagerty services. Accordingly, you agree that you will be solely responsible to Hagerty for all activities that occur under your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify Hagerty immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Hagerty and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Hagerty website, with the delay or inability to use the Hagerty website or related services, the provision of or failure to provide services, or for any information, software, products, and services obtained through the Hagerty website, or otherwise arising out of the use of the Hagerty website, whether based on contract, tort, negligence, strict liability or otherwise, even if Hagerty has been advised of the possibility of damages. If you are dissatisfied with any portion of the Hagerty website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Hagerty website. Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or any other liability which it is not lawful to exclude either now or in the future.

Damages; Indemnification

You agree that you will be responsible for any damages resulting from any violation of these terms, or through your misconduct or negligence. You further agree to indemnify and holdHagerty International Limited, and its parent, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms, or any violation of any law or the rights of any third party that occurs in connection with your use of the Hagerty website.

Termination/Access Restriction

Any violation of these terms will terminate the permission and license granted by Hagerty to access and make use of the Hagerty website. Hagerty shall not be liable to you or any third party for termination of access to the Hagerty website.

Choice of Law and Forum

To the maximum extent permitted by law, these terms are governed by and construed in accordance with the laws of England and Wales, and you hereby consent to the exclusive jurisdiction of the English courts for any claim or action arising out of or related to these terms or your use of the Hagerty website. You also agree that in the event of any action to enforce or interpret these terms, the prevailing party shall be entitled to collect its reasonable legal fees. All notices shall be given by email to us at enquiries@hagerty.co.uk or, to you at either the email or postal address you provide during any registration process. Notice will be deemed received 24 hours after email is sent or 3 days after the date of posting.

Miscellaneous Provisions

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hagerty as a result of this agreement or use of the Hagerty website.

Hagerty’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hagerty’s right to comply with governmental, court and police requests or requirements relating to your use of the Hagerty website or information provided to or gathered by Hagerty with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hagerty with respect to the Hagerty website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hagerty with respect to the use of the Hagerty website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English and the English language meaning of the terms will govern your relationship with Hagerty. You agree that if Hagerty does not exercise or enforce any legal right or remedy which is contained in the terms (or which Hagerty has the benefit of under any applicable law), this will not be taken to be a formal waiver of Hagerty’s rights and that those rights or remedies will still be available to Hagerty. These terms and your use of the Hagerty website are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

Privacy, Cookies and Personal Information

For information about how we process information from which we can identify you or any third party, and how we use cookies on the Hagerty website, please read Hagerty’s privacy policy at www.hagerty.co.uk/legal/privacy-policy and the cookies statement at www.hagerty.co.uk/legal/cookies-statement. The privacy policy and cookies statement explains how Hagerty treats your personal information, and protects your privacy. You agree to the use of your data in accordance with Hagerty’s privacy policy and cookies statement. Hagerty has no control over the privacy policy of any third party company, so please examine their privacy policy prior to submitting any personal information. Hagerty reserves the right to reveal your identity or user account information in the event of a claim, investigation, complaint, or legal action arising from your use of the Hagerty website and any content Submitted by you, including without limitation, furnishing such material and information regarding your identity and any other information we may have about you.

Last Updated 23 April 2013

*Subject to policy terms and conditions.

Hagerty International Limited are authorised and regulated by the Financial Conduct Authority (FCA Firm Reference Number 441417)