Definitions
Unless the context requires otherwise, the following expressions shall have the following meanings in these Terms of Use:
“Content” means all information, data, text, software, computer programmes in any form, music, sound recordings, photographs, graphics, video or film works, databases and other copyright compilations comprised in or appearing on the Site or forming part of any materials uploaded, posted (by mail or otherwise), linked to, e-mailed or otherwise transmitted to or via the Site or to Automotive World Limited.
“Contributor” means any person (other than you, a User or Automotive World Limited or any of its employees), including without limitation any freelance journalist employed, contracted, or in any way commissioned other than a person invited to take part in any chat room or online forum who uploads, posts, links to, e-mails or otherwise transmits Content to or via the Site.
“Contributor Content” means any Content created by and/or originating from a Contributor.
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Services” means those services provided by Automotive World as made available on or through the Site from time to time.
“Site” means our website, “automotiveworld.com”.
“Third Party Sites” means any website provided by parties other than Automotive World Limited or its group companies whether directly or through frames.
“User Content” means all Content created by and/or originating from you or other Users.
“User” means any person other than a Contributor who visits the Site and/or uses the Services (or any of them).
“you” or “your” means the person, firm, company or organisation browsing or using the Site and/or using the Services (or any of them), whether as a guest or a registered user.
Acceptance of terms
The Site is operated by Automotive World Limited (“we”, “us” or “our”) and we grant you access to the Site, subject to your acceptance of the following terms of use (“Terms of Use”). By accessing the Site and/or downloading this page, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not want to be bound by the Terms of Use, you must exit from the Site immediately.
Your continued use of the Site shall constitute your agreement to these Terms of Use. We reserve the right to change these Terms of Use from time to time without notice to you. Any amended version of the Terms of Use will take effect when posted on the Site by us. Your continued use of the Site will constitute your acceptance of any changes to the Terms of Use. If you have any questions regarding these Terms of Use, please contact us. We reserve the right to temporarily or permanently bar anyone from using the Site if they have been found to be acting in any way contrary to these Terms of Use or have exposed (or potentially exposed) us to legal liability to a third party. Any person we intend to bar in this way will be notified by e-mail in advance if reasonably possible.
We are a limited company registered in England and Wales (under company number 04242884) and have our registered office at 1 – 3 The Washington Building, Stanwell Road, Penarth, South Glamorgan, CF64 2AD. Our VAT number is 815220173.
Site Changes
We aim to update the Site regularly, and may change the Content at any time. Some of our Content may be provided by third parties from time to time. As such, any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
If the need arises, we may suspend access to the Site, or close it indefinitely, without notice or explanation.
Submissions to the site
You acknowledge and agree that we have the right to use, edit or reject any Content that you send for any purpose whatsoever, commercial or otherwise, without payment to you – unless you have specifically stated otherwise in writing prior to submission and it has been agreed with us. You agree that we can reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Content or incorporate it in any form, media or technology now known or later developed throughout the world and you irrevocably licence us to do so on a non-exclusive royalty free basis. We assume no responsibility for the return or safety any Content submitted to us. You must have world wide ownership of any and all Intellectual Property Rights which are applicable to the Content, or full permission from the owner of these rights, for of all Content that you send to us or post on the Site. By sending Content to us or posting it on the Site you warrant and represent to us that you are the owner of any and all of the rights referred to in the first sentence of this clause or that you have obtained express permission from the holder of such rights to do so and hereby agree to indemnify us in respect of any breach of the warranty given in this clause.
With the exception of material used by us on the Site under licence, we own the Intellectual Property Rights throughout the world for all formats known or subsequently discovered or invented in all Content. We reserve and will defend all our rights in the User Content. You must not copy, reproduce, publish, republish, upload, post, distribute, transmit, re-transmit, broadcast, extract, re-utilise or adapt the Content in any way without our prior written consent. You may however print or download copies of the webpages of the Site for your own personal, strictly non-commercial use.
We rely on the author of each submission to present us with accurate and factual Content. We assume no responsibility for the accuracy of Content provided on the Site nor for mistakes, errors, or omissions of any kind, nor for any consequence relating directly or indirectly to any actions taken on the basis of any Content displayed on or downloaded from the Site. Under no circumstances shall we be liable for any damages that result from the use of, or the inability to use, the materials in the Site even if we have been advised of the possibility of such damages.
Software downloading
In the event you download any computer program from the Site, the computer program, including any files, images incorporated in or generated by the computer program, and data or databases accompanying the computer programme (collectively the “Software”) are licensed to you by us. No title or other rights of any kind whatsoever in the Software will be transferred to you and we retain the full and complete title to the Software and all intellectual property rights in it throughout the world. You may not copy (except for the purposes of making a single back up copy for your own use), distribute, redistribute, sell, rent, lease decompile, reverse engineer, disassemble, adapt, alter or otherwise reduce the Software to a human-perceivable form nor remove any trade mark or copyright notice from the Software. The Software is licensed “as is” and “with all faults”. To the maximum extent permitted by law, all express or implied terms (whether implied by statute, course of dealing, custom or at common law) relating to the quality, merchantability or fitness for purpose of the Software are excluded and we accept no liability for any problems or damages arising from the downloading, installing or use of any Software or any other images or information derived from the Content.
Viruses, Hacking and Other Offences
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. You also must not seek to access, alter or delete any information for which you have not been authorised to access, or overload, spam or flood our site, take any action to crash, delay, damage or otherwise interfere with the operation of the Site.
By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach of these terms, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
Termination
This agreement is effective until terminated by us at any time without notice and without liability to you.
Opinions expressed on the site
Any statements and opinions expressed on the Site are those of the author and do not reflect the opinions of Automotive World Limited.
Third party sites
Whilst we may offer Links to Third Party Sites, we have no control over the content or appropriateness of the content on such Third Party Sites and you acknowledge and agree that we are not responsible for the availability of such Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites, and will not be a party to, or in any way responsible for, any transaction entered into concerning goods or services available through such Third Party Sites.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever and howsoever arising resulting from your use of or reliance on any Content, or goods or services available on or through any Third Party Sites.
You agree that you must evaluate, and bear, all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us and/or contained in and forming part of the Site. You acknowledge that when you voluntarily disclose personal information (eg, user name, e-mail address), the information can be collected and used by others and may result in unsolicited messages from other posters and parties. You acknowledge and agree that we may preserve Content and may also disclose User Content or Contributor Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any Content violates the rights of third parties; or (c) protect the rights, property, or personal safety of us, or users and the public.
Exclusion of liability
We do not and cannot give any warranties in respect of the Site, Content, Software or the Services available through the Site (collectively, “Site Services”). To the maximum extent allowed by applicable law, we hereby disclaim all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, care or of workmanlike effort. Additionally, we make no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
Any material downloaded or otherwise obtained through the use of the Site Services is done at your own discretion and risk and 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 us or through or from the Site Services shall create any warranty not expressly stated in these Terms of Use to the fullest extent allowed by applicable law, you agree that we will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to loss of profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, care, or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever and howsoever arising out of or related to the Site Services or even if we have been advised of the possibility of such damages and even in the event of fault, tort, including (including negligence) or strict liability. You agree that your only recover for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable Site Service up to a limit of the following, at our election: (1) a refund of the amount you paid (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services, or (2) correction or replacement of the Site Services.
Terms of Business
The supply of services by us to you will be subject to our Research User Terms as set out below.
Jurisdiction and Applicable Law
The courts of England and Wales shall have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
By visiting this site you agree to these uses of your personal information. If you do not agree please exit this website now.
Research User Terms
These terms (“Terms”) apply to individual research enquiries and information services provided by Automotive World, a trading name of Automotive World Limited (under company number 04242884) whose registered office address is at 1 – 3 The Washington Building, Stanwell Road, Penarth, South Glamorgan, CF64 2AD (“Automotive World”). Our VAT number is 815220173.
By checking the box at the bottom of the enquiry form, non account-holders accept these Terms on behalf of their company or other business entity (referred to in these Terms as “you” and “your”) on the terms that appear below. If you have any questions, contact Automotive World.
Your attention is particularly drawn to the provisions of clause 3.
1. Introduction
These Terms are your agreement with Automotive World which supplies or makes available certain Information (as defined below) in response to your research enquires (“the Service”). They shall apply in addition to the general User Terms for www.automotiveworld.com (the “Site”) except in the event of any inconsistency in which case these Terms shall prevail.
Once you have submitted an online order form giving details of your enquiry, you will be contacted by Automotive World to (i) discuss the enquiry and provide a cost estimate (which will remain valid for 30 days) and/or (ii) to confirm that the Service can be carried out and confirm the cost of the Service (if applicable). Please note that this does not mean that your order has been accepted. The cost of each Service set out on the Site is subject to change without notice prior to entering into a contract.
A contract with you for (i) an individual research enquiry and/or (ii) access to certain Information via the Site or by email, shall be subject to these Terms and shall come into effect when (a) you have confirmed to Automotive World that it may proceed with the research specified in the order form at the fee agreed between us or (b) when we issue written acceptance of your order.
Where Automotive World has not agreed a fixed cost for the Service, it will advise you prior to exceeding any initial cost estimate that is given too you. Subject to Clause 5, you have the right to terminate this agreement within three (3) days of the contract coming into effect. All communications between us, including cost details and the supply of information, shall be made by email, post, fax, telephone or otherwise via the Site. Automotive World reserves the right to add to or change these Terms in respect of any future enquiry by notice on the Site. You will be deemed to have accepted any change to these Terms if you make a new order after such notice has been given.
2. Your Use of the Service
The copyright, database right and all other Intellectual Property Rights in all information provided to you through the Service (the “Information”) belongs to Automotive World and/or its third party licensors and no such rights shall be transferred to you. You will not remove any copyright notice from any Information. In consideration of the charges in respect of the Service, Automotive World grants to you a non-exclusive revocable licence to use the Service strictly for your internal research purposes. You may make a reasonable number of copies of the information for such purpose. You may not sell, redistribute or otherwise make the Service or the Information available in any manner on any media to any third party unless the prior written consent of Automotive World has been obtained. You may on an occasional basis include small amounts of Information in research reports or written advice provided that you do not separately charge (directly or indirectly) for that content. Automotive World reserves the right at any time in its absolute discretion to revise or amend the Service including in particular the source of information used to provide the Service. You acknowledge and agree that “AW”, “Automotive World”, “AWKnowledge” and “AWResearcher” are trade marks that, except as set out in these Terms, you may not use without prior written permission from Automotive World Limited.
For the purposes of these Terms, “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
3. No Warranties, Exclusion Of Damages, Limitation Of Liability And Exclusive Remedy
The Information is only for your general information and use and is not intended to address your particular requirements. In particular, the Information does not constitute any form of advice, recommendation or arrangement by Automotive World and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision.
Automotive World WILL USE REASONABLE SKILL AND CARE IN PROVIDING THE INFORMATION IN RESPONSE TO YOUR ENQUIRY. AUTOMOTIVE WORLD DOES NOT OTHERWISE GIVE ANY WARRANTIES IN RESPECT OF THE SERVICE OR INFORMATION. IN PARTICULAR, THE SERVICE IS PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, AUTOMOTIVE WORLD HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, LACK OR NEGLIGENCE OR OF WORKMANLIKE EFFORT. ADDITIONALLY, AUTOMOTIVE WORLD MAKES NO WARRANTY THAT THE SERVICE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. NO INCIDENTAL OR CONSEQUENTIAL DAMAGES: TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT AUTOMOTIVE WORLD WILL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR FOR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SERVICES OR THE INFORMATION OR TO ANY BREACH OF THE TERMS BY AUTOMOTIVE WORLD, EVEN IF AUTOMOTIVE WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY. YOU AGREE THAT IN THE EVENT OF ANY CLAIM BEING MADE AGAINST YOU ARISING WHETHER IN WHOLE OR IN PART OUT OF THE USE OF THE SERVICE OR THE INFORMATION, YOU WILL NOT SEEK FROM AUTOMOTIVE WORLD AND/OR ITS THIRD PARTY LICENSORS IN RESPECT OF ANY SUCH CLAIM ANY INDEMNITY OR CONTRIBUTION WHATSOEVER.
Automotive World’s total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equal to the aggregate amount of charges received by Automotive World from you in respect of the provision of the Service as at the date of such act or omissions.
Notwithstanding clause 3 above, Automotive World’s liability shall not be limited in the case of death or personal injury to any person to the extent that such death or injury is caused by Automotive World’s negligence or in the case of fraud or fraudulent misrepresentation.
This clause shall survive termination of the contract.
4. Charges
All charges in respect of the Service shall be as agreed in accordance with clause 1, subject to any variation agreed between us in writing. All charges and charge rates expressed are exclusive of VAT and any other taxes which are or may be applicable.
For all fixed cost Services, Automotive World shall invoice you prior to commencing the Service and for all other Services, Automotive World shall invoice you on a monthly basis on a time and materials basis on its standard charge rates.
You shall pay each invoice submitted by Automotive World: (a) within thirty (30) days of the date of the invoice; and (b) in full and in cleared funds to a bank account nominated in writing by Automotive World, and time for payment shall be of the essence of the contract.
Except as set out in this clause 4, all payments (including any applicable taxes) must be made by credit card in the currency agreed with Automotive World. You must provide your credit card details at Automotive World’s request prior to commencement of the Service. If Automotive World (or its designated agent) does not receive payment authorisation from your credit card clearing service, Automotive World may immediately suspend the Service.
Without limiting any other right or remedy, if you fail to make any payment due to us under the contract by the due date for payment (“Due Date”), we shall have the right to charge interest on the overdue amount at the rate of four per cent (4%) per annum above the then current Barclays Bank plc’s base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
You shall pay all amounts due under the contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
5. Termination
If you wish to terminate the Service in respect of any particular enquiry, you shall notify Automotive World by email or post and Automotive World shall not, from receipt of such notice during its normal business hours, carry out any further work in respect of the enquiry. In such event, you will be charged only for the work carried out prior to the receipt of such notice. Automotive World may terminate or withhold the Service at any time: (i) for any conduct by you that Automotive World reasonably believes is a breach of these Terms; or (ii) if you suspend, or threaten to suspend, payment of your debts or you are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) have any partner to whom any of the foregoing apply. Without limiting its other rights or remedies, Automotive World may also terminate the contract with immediate effect by giving written notice to you if you fail to pay any amount due under this contract on the due date for payment. Such withdrawal shall be without prejudice to any other rights of Automotive World with respect to such breach.
On termination of the contract for whatever reason, all licences granted by Automotive World to you shall cease immediately and Automotive World shall immediately cease to provide the Service.
6. Privacy Policy
The information that you provide about yourself to Automotive World will only be used by Automotive World in accordance with its Privacy Policy.
7. General
Automotive World shall keep confidential and shall not disclose to any third party the fact that you have made an enquiry concerning any matter nor the nature of any such enquiry. Except as expressly agreed, these Terms shall constitute the entire agreement between us with respect to the Service and shall supersede any and all representations or other statements whether written oral made by or on behalf of one party to the other. Neither party shall be liable for any delay or failure to perform its obligations caused by any industrial dispute or other circumstances beyond its reasonable control. You shall not assign or otherwise transfer your rights or obligations under these Terms without the prior written consent of Automotive World. No variation of these Terms shall have effect unless agreed in writing by Automotive World. Any waiver of any provision contained in these Terms shall not be binding unless in writing signed for and on behalf of Automotive World. If any provision of these Terms is held to be illegal or unenforceable the validity of the remainder shall not be effected. The parties shall use their respective best endeavors to agree a provision to replace the illegal or unenforceable provision which as far as possible achieves the original intention. A person who is not party to these Terms or a contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
8. Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them. For the exclusive benefit of Automotive World, Automotive World shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
Policies for minors (children)
Please ask your parents or guardians for permission before posting or submitting anything to the Site.