Trader Terms and Conditions
1. Application of conditions of use
By accessing or using any part of the website, www.AutoAdvisor.co.uk or submitting a form to subscribe to the Service you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use the Website.
2. Copyright, trademarks and database rights
We own all intellectual property rights in and to the Website (including the database, design, text, graphics and layout) and the software used therein and the names and marks "AutoAdvisor" and you agree not to use or copy the same or any part thereof without our consent. In particular, you acknowledge that we own all rights, including trademark, servicemark and allied rights in and to the Marks.
- We advertise and promote businesses through the Website in specified categories of trade in specified geographical areas.
- We reserve the right to reject, remove and/or amend advertisements text graphics or other material submitted for inclusion on the Website which in our opinion is obscene, defamatory, infringes the copyright or other rights of any third party, or which is illegal or does not meet our standards.
- We do not make any representation or endorsement of the creditworthiness or value of any visitor to the Website who contacts you as a result of your entry on the Website.
- We accept no liability for any transactions which take place between you and visitors to the Website nor do we accept any responsibility or liability for any loss suffered by you or by any of your customers or any other person arising out of your entry on the Website, how’s ever caused.
- You agree to indemnify us for any loss we suffer as a result of any action brought against us as a result of your entry on the Website, the material contained therein or any service or product supplied by you. We do not accept any liability for any feedback posted on the Website from people who engage you through the Website.
4. Members conditions
- By submitting your subscription form to us, you agree that the information you provide us on registration for the Service is full and accurate and not misleading or untrue in any way.
- It is your responsibility to update us of any changes to that information by emailing us on info@AutoAdvisor.co.uk.
- Each registration for the Service is for a single user only. On registration, you will be allocated a user name and password ("ID"). You are responsible for all use of the Service using your ID and for preventing unauthorised use of your ID.
- Following the acceptance of your application for subscription to the Service by us, we will register your details on the Website and make the Service available to you.
- You must keep in force at all times valid public liability insurance cover, up to date membership of applicable trade bodies and such qualifications as required by law.
- The fee for your subscription to the Website ("Subscription Fee") is calculated and payable annually on the anniversary of the start of your Subscription (unless otherwise stated) in advance. We shall be under no obligation to provide the Service until the Subscription Fee has been paid.
6. Our Obligations
- We undertake to you that there will be no more than ten entries in the trade category selected by you in your registration for the Service in your geographical area at any one time.
- We both agree that it is in our mutual interest that the name and brand of "AutoAdvisor", and thus the members/advertisers of AutoAdvisor are both recognised and respected in the public eye. You also agree that it is in your interest for us to be able to remove from the Website and name any garage who is undesirable, dishonest, unreliable, not qualified or otherwise brings the good name of AutoAdvisor and its members into disrepute or harms or impedes the development of our business.
- We will be seeking feedback and references from people who engage you through the Website.
- If we receive a feedback questionnaire from a customer with an approval rating of less than 60% we will contact the customer and find out if the rating is justified. You acknowledge and agree that if we feel the customer's rating is justified we can consider this a 'strike' against you. If you receive three strikes or more, we will remove your details from and end your registration with the Website and use of the Service without any liability to you.
- If a customer submits a feedback questionnaire about you with a rating of less than 40% that is found to be justified, we reserve the right to immediately remove your details from and end your registration with the Website and use of the Service immediately without any liability to you.
- We reserve the right to call any customer who has submitted a questionnaire to confirm the authenticity of their feedback.
- We warrant that we will use all reasonable skill and care in making the Service and the Website available to you and in ensuring its availability during your Subscription.
- Because of the nature of the Internet, errors and omissions do occur and we do not give any other warranties in respect of the Service and the Website. In particular, you should not take the accuracy of the information for granted and we make no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this agreement to the extent that they may be excluded as a matter of law.
9. Limitation of Liability
- We will use our reasonable endeavours to remedy faults in the Service and the Website. If we are in breach of these terms and conditions, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to the Subscription Fee paid or payable in relation to your use for the relevant year of the Service.
- We will not be liable for any business losses such as lost data, lost profits or business interruption arising from your use or inability to use the Service and/or the Website or from any action taken (or refrained from being taken) as a result of using the Service.
- Notwithstanding the above provisions of this clause 9, our liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.
- We reserve the right to expand, change or revise the Service as our business grows or as conditions provide.
- If any provision in these terms and conditions are deemed or found by any competent court or authority to be invalid or not binding, we agree that such provision shall be severable from the rest of these terms and conditions which shall remain fully in force.
- Neither you nor we shall be liable for any failure to perform our obligations hereunder, if such failure results from any act of riot, war, civil unrest, flood, earthquake or other cause beyond reasonable control (which shall not include failure caused by negligence or the financial condition of either party).
Any links to other web sites and resources on this Website are to websites provided by independent third parties provide these sites and we are not responsible and shall not be liable for the availability or content of these outside resources.
This agreement and your access to the Service may be terminated by written notice if:-
- You are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you; or
- In the event of the circumstances referred to in clause 7 above.
- You may terminate this agreement and receive a pro-rata refund if the Service is discontinued or if we are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to us.
- We may transfer and/or assign our rights and/or our obligations under these terms and conditions and this will not affect your rights. You may not transfer any of your rights or obligations under these terms and conditions.
- If you breach these terms and conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these terms.
- These terms and conditions shall be governed by English law.
- We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to these terms and conditions you must do so in the United Kingdom.