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Auto Advisor Ltd DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, Auto Advisor Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS
AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY Q
UALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE
PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS
TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
Auto Advisor Ltd MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTA
INED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Auto Advisor Ltd OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER
OBLIGATION NOT EXPRESSLY STATED IN THE Terms and Conditions.
Auto Advisor Ltd terms and conditions
The following are the terms and conditions for the use of the Auto Advisor.co.uk website. Please read these terms and conditions carefully before you use the
Auto Advisor.co.uk website
By using the Auto Advisor.co.uk website you indicate that you accept
these terms and conditions.It is important to note that If you do not accept these terms and conditions you
must not use the Auto Advisor.co.uk website.
1. Parties
This Agreement is made between you the customer (Customer) and Auto Advisor
Limited, Company No 5960985 registered in the UK having its registered office
at 843 Finchley Road, London, NW11 8NA.
In this Agreement, unless the context otherwise requires:
Internet
means the global data network comprising interconnected networks using the
TCP/IP (Transmission Control Protocol/Internet Protocol);
Law
means any law, statute or regulation, guideline or code of conduct (whether
or not having the force of law) in any jurisdiction to which Auto Advisor.co.uk or
the Customer is from time to time subject;
Service"
means the service provided by Auto Advisor.co.uk via the Auto Advisor.co.uk website whereby the Customer may obtain impartial information on the
Suppliers and garages and the services and products they offer and, potentially transact
with the Suppliers or garages for the provision of those services and/or products;
Software
means any proprietary software utilised by Auto Advisor.co.uk to enable the
Customer to use the Service;
Supplier/Garages"
means any supplier of services, products and/or goods promoted by
Auto Advisor.co.uk from time to time and who is listed on the Auto Advisor.co.uk website.
Auto Advisor.co.uk reserves the right to amend these terms and conditions at any
time. All amendments to these terms will be posted on-line. The Customer may
terminate the Agreement by written notice to Auto Advisor.co.uk if the Customer does
not wish to be bound by such new terms and conditions. Continued use of the
Service or the Auto Advisor.co.uk website will be deemed to constitute acceptance of
the new terms and conditions.
2. Provision of the Service
Use of the Services, the Auto Advisor.co.uk website
are subject to the terms and conditions set out in this Agreement.
The Service is made available to Customers solely to communicate information
and to permit the Customer to obtain quotations and services from Suppliers and garages or transact
with Suppliers and garages. Auto Advisor.co.uk will not be party to any such transactions with
Suppliers and garages and all such transactions are subject to the terms and conditions of
the relevant Supplier and garage and Auto Advisor.co.uk shall in no circumstances have any
liability whatsoever in respect of any such transaction. Auto Advisor.co.uk will not
be responsible for any loss, cost or damage incurred by Customers arising out
of or in relation to the transaction or attempt to enter into a transaction
(including but not limited to failure to transmit or deliver any services,
products or goods).
The Customer acknowledges that where relevant Auto Advisor.co.uk may pass his or her
details to Suppliers or garages or potential suppliers or garages for the purpose of attracting
offers to supply services from such Suppliers or garages or potential suppliers or garages.
Auto Advisor.co.uk will obtain the Customers consent prior to sending such details to
Suppliers or garages or potential suppliers or garages.
Auto Advisor.co.uk does not warrant and excludes all liability in respect of the
accuracy, completeness, fitness for purpose or legality of any information
accessed using the Services on or accessed via the Auto Advisor.co.uk website or otherwise sent to the Customer and the Customer
agrees that sole responsibility for the accuracy, completeness, fitness for
purpose or legality of information relating to Supplier's or garages information, goods
or services shall rest with the Supplier or garage.
Auto Advisor.co.uk will use all reasonable endeavours to ensure that the information
relating to Suppliers or garages services and the cost of such services is updated
regularly. However, the Customer acknowledges that any prices are not updated
every day and that it is the Customer's responsibility to verify prices with
the Supplier or garage.
Auto Advisor.co.uk does not guarantee to provide the Service free of faults. In the
event of a fault in the Service, the Customer should report it by telephone on
the support number provided to the Customer.
Auto Advisor.co.uk does not warrant that the Customer's use of the Service will be
uninterrupted and does not warrant that any messages or information
transmitted via the Service will be transmitted accurately, reliably, in a
timely manner or at all. Auto Advisor.co.uk reserves the right to make the Service
unavailable at any time, or to restrict access to parts or all of it without
notice.
Auto Advisor.co.uk may at any time withdraw any Supplier or garage (or any product or service
of a Supplier or garage) from the Service.
Without limitation, the Customer undertakes not to use or permit anyone else
to use the Services or Auto Advisor.co.uk website:
to send or receive any material which is grossly offensive, of an indecent,
obscene or menacing character, blasphemous or defamatory of any person, in
contempt of court or in breach of confidence, copyright, rights of
personality, publicity or privacy or any other third party rights;
to cause annoyance, inconvenience or needless anxiety;
to intercept or attempt to intercept any communications transmitted by way
of a telecommunications system;
other than in conformance with accepted Internet practices and practices of
any connected networks; or
in any way which is calculated to incite hatred against any ethnic,
religious or any other minority or is otherwise calculated to adversely
affect any individual, group or entity.
If the Customer uses (or anyone other than the Customer, with Customer's
permission uses) the Service in contravention of this Agreement, Auto Advisor.co.uk
may suspend the Customer's use of the Services.
If Auto Advisor.co.uk suspends the Services, it may refuse to restore the Services
until it receives an assurance from the Customer, in a form deemed acceptable
by Auto Advisor.co.uk that there will be no further breach of the provisions of this
Agreement.
Auto Advisor.co.uk reserves the right to block access to and/or to edit or remove any
material which in its reasonable opinion may give rise to a breach of Clause
2.
The Customer grants Auto Advisor.co.uk a royalty-free, perpetual, irrevocable,
non-exclusive right to use, copy, modify, adapt, translate, publish and
distribute world-wide any material transmitted by the Customer via the
Services, save where such message is transmitted by way of private
correspondence.
Title, ownership rights and intellectual property rights in and to the content
accessed using the Services is the property of the applicable content owner or
Supplier and may be protected by applicable copyright or other law. The
Agreement gives the Customer no rights to such content.
The following uses of the Services are expressly prohibited:
resale of the Services and/or the Supplier's or garages services, products and/or goods
without the prior written consent of Auto Advisor.co.uk or the relevant Supplier or garage;
furnishing false data including but not limited to false names, addresses
and contact details and fraudulent use of credit/debit card numbers;
attempting to circumvent Auto Advisor.co.uk security or network (cracking)
including, but not limited to, accessing data not intended for the Customer,
logging into a server or account the Customer is not expressly authorised to
access, or probing the security of other networks (such as running a SATAN
scan or similar tool);
executing any form of network monitoring which will intercept data not
intended for the Customer;
sending unsolicited mail messages, including the sending of junk mail; or
other advertising material to individuals who did not specifically request
such material. The Customer is explicitly prohibited from sending
unsolicited bulk mail messages. This includes, but is not limited to, bulk
mailing of commercial advertising, promotional, or informational
announcements, and political or religious tracts. Such material may only be
sent to those who have explicitly requested it. If a recipient asks to stop
receiving e-mail of this nature, the Customer may not send that person any
further e-mail;
creating or forwarding chain letters or other pyramid schemes of any
type, whether or not the recipient wishes to receive such mailings;
malicious e-mail, including, but not limited to, mail-bombing (flooding a
user or site with very large or numerous pieces of e-mails); and
entering into fraudulent transactions with Suppliers or garages (which shall be include
but not be limited to entering into transactions purportedly on behalf of a
third party where the Customer has no authority to bind that third party or
the Customer pretending to be a third party);
unauthorised use, or forging, or mail header information.
3. Payment
Use of the Auto Advisor.co.uk website is currently free. However, Auto Advisor.co.uk
reserves the right to charge the Customer for certain services or impose
charges for use of services that were free. The Customer will be clearly
notified of any applicable charges before any such services can be selected or
before any charges are levied.
The Customer shall be responsible for transmitting all payments due to
Suppliers or garages on the terms agreed with the relevant Supplier or garage and Auto Advisor.co.uk shall
have no responsibility for transmission of payments to a Supplier or garage.
Certain Suppliers or garages will require details of the Customer's credit or debit card
and the Customer hereby agrees to provide such details to Auto Advisor.co.uk where
necessary and to the forwarding of such details by Auto Advisor.co.uk to the relevant
Supplier or garage.
4. Buyers obligations
Auto Advisor.co.uk will inform the Customer of any applicable terms and conditions
imposed by a Supplier or garage, in relation to the supply of its services, products
and/or goods and the Customer agrees to abide by those terms and conditions.
The Customer warrants that all information provided on registration and during
the course of this Agreement is true, complete and accurate and that the
Customer will promptly inform Auto Advisor.co.uk of any changes to such information.
Auto Advisor.co.uk will allocate a password to the Customer to enable the Customer to
use the Services and the Customer must keep the password confidential and
immediately notify Auto Advisor.co.uk if any authorised third party becomes aware of
that password. The Customer agrees that any person to whom its user name or
password is disclosed is authorised to act as the Customer's agent for the
purposes of transacting via the Service.
5. Intellectual property rights
All intellectual property rights (including all copyright, patents, trade
marks, service marks, trade names, designs (including the "look and feel" and
other visual or non-literal elements) whether registered or unregistered) in
the Auto Advisor.co.uk website, information and content on the Auto Advisor.co.uk website,
any database operated by Auto Advisor.co.uk and Software shall remain the property of
Auto Advisor.co.uk and the Customer shall not obtain, and shall not attempt to obtain
any title to any such intellectual property rights.
No part of the Service may be reproduced in any form or used in any other way
except in accordance with these terms and conditions.
Auto Advisor.co.uk and the Auto Advisor logo are registered trade
marks of Auto Advisor Ltd. You must not use these or any other registered or
unregistered trade marks on the Service without the prior written permission
of Auto Advisor.co.uk
Auto Advisor.co.uk grants the Customer a non-exclusive non-transferrable licence to
use the Software solely in executable form and only to the extent necessary
for use of the Service and for no other purpose.
6. Termination
Auto Advisor.co.uk shall be entitled to suspend the Services and/or terminate this
Agreement if:
the Customer commits any breach of these terms and in the case of a breach
which is capable of remedy, fails to remedy the same within 7 days after
receipt of a notice giving particulars of the breach requiring it to be
remedied; or
Auto Advisor.co.uk suspects on reasonable grounds that the Customer may have
committed or be committing any fraud against Auto Advisor.co.uk or any Supplier or garage.
The right to terminate this Agreement shall not prejudice any other right or
remedy of Auto Advisor.co.uk in respect of any breach or any rights, obligations or
liabilities accrued prior to termination.
7. Indemnity
The Customer shall indemnify Auto Advisor.co.uk against each loss, liability or cost
incurred by Auto Advisor.co.uk arising out of:
any claims or legal proceedings arising from the Customer's use of the
Services or use of the Services through the Customer's password which are
brought or threatened against Auto Advisor.co.uk by any other person; or
any breach of this Agreement by the Customer.
8. Limitation of Liability
Nothing in these terms and conditions shall affect Auto Advisor.co.uk liability in
respect of:
death or personal injury arising from its own negligence or that of its
employees, agents or contractors while acting in the course of their
employment by Auto Advisor.co.uk or
any liability of Auto Advisor.co.uk which cannot by Law be excluded or restricted.
In performing any obligation under this Agreement, Auto Advisor.co.uks only duty is
to exercise reasonable care and skill.
Auto Advisor.co.uk does not warrant and excludes all liability in respect of the
accuracy, completeness, fitness for purpose or legality of any information
accessed using the Services and Auto Advisor.co.uk excludes all liability of any kind
for the transmission or the reception of or the failure to transmit or to
receive any material of whatever nature.
Auto Advisor.co.uk shall not be liable in
contract, tort (including liability for negligence), or otherwise for any loss
or damages suffered as a result of any use of the Services, including but not
limited to direct, indirect or consequential loss or damage and loss of
business, revenue or profits, anticipated savings or wasted expenditure,
corruption or destruction of data.
9. Data Protection
We shall comply with all applicable data protection laws in the UK. For a
description of how we use your personal data please see our privacy policy.
10. No Partnership / Agency
Nothing in this Agreement shall be construed to create a joint venture,
partnership or agency relationship between the Customer and Auto Advisor.co.uk and
neither party shall have the right or authority to incur any liability debt or
cost or enter into any contracts or other arrangements in the name of or on
behalf of the other.
11. Assignment
The Customer shall not assign or delegate or otherwise deal with all or any of
its rights or obligations under this Agreement. Auto Advisor.co.uk shall have the
right to assign or otherwise delegate all or any of its rights or obligations
under this Agreement to any person or entity.
12. Force majeure
Auto Advisor.co.uk shall not be liable for any breach of its obligations under this
Agreement where it is hindered or prevented from carrying out its obligations
by any cause outside its reasonable control, including without limitation by
lightning, fire, flood, extremely severe weather, strike, lock-out, labour
dispute, act of God, war, riot, civil commotion, malicious damage, failure of
any telecommunications or computer system, compliance with any law, accident
(or by any damage caused by any of such events).
13. Entire Agreement and No Waiver
This Agreement represents the entire understanding between the parties in
relation to the subject matter herein and supersedes all other agreements or
representations by either party, whether oral or written.
No waiver by Auto Advisor.co.uk of any default of the Customer under this Agreement
shall operate or be construed as a waiver by Auto Advisor.co.uk of any future
defaults, whether or a like or different character. No granting of time or
other forbearance or indulgence by Auto Advisor.co.uk to the Customer shall in any
way release, discharge or otherwise affect the liability of the Customer under
this Agreement.
14. Notices
Unless otherwise stated within this Agreement, notices to be given to either
party shall be in writing and shall be delivered by hand, electronic mail
(other than for the purpose of legal process) sent by fax or pre-paid post to
the Customer at the address supplied to Auto Advisor.co.uk or to Auto Advisor.co.uk at its
address as specified on the Auto Advisor.co.uk website.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of England and Wales and both parties hereby submit to the non-exclusive
jurisdiction of the courts of England and Wales.
Use of reviews,testimonials, chat rooms, bulletin boards and other communications forums:
The Site may contain and allow its users to submit material and/or post reviews of their experiences with suppliers or garages, as well as general postings of messages and other communications in chat rooms, bulletin boards or other forums ("User Messages"). If Auto Advisor.co.uk provides such services, you expressly agree to use such services only to send User Messages that are appropriate and that are related to the topic of the particular forum. Auto Advisor.co.uk does not edit or control the User Messages posted to or distributed on this Site including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. Auto Advisor.co.uk nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
The following is a non-exhaustive list of the kind of User Messages that are illegal or prohibited on the Site. Auto Advisor.co.uk reserves the right to amend this list at any time and to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the right to use the Site of such violators. It includes User Messages that:
a.. are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b.. harasses or advocates harassment of another person;
c.. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
d.. are defamatory or libellous;
e.. promotes information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, or obscene;
f.. promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
g.. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
h.. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
i.. 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 any country in the world; or
j.. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
By posting or distributing User Messages on the Site you expressly grant Auto Advisor.co.uk and its affiliates an irrevocable right to make available such User Messages and such User Messages may be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by others without your permission. You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless Auto Advisor.couk from any claim arising out of or relating to your violation of this provision.
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