Your
use of this website is subject to the following terms and conditions,
which you are deemed to accept each time you use the website.
We provide a venue
which allows you to offer your vehicles for use in film, television,
print or other media or for any other purpose as you may agree.
We act as an agent appointed by you for the purpose of making
your vehicle available to third parties through our website.
Our contractual relationship
is with you as the contractual principal and not with any third
party.
In the event that we
are approached by any third party wishing to make use of your
vehicle your contractual relationship will be with that third
party on terms agreed with that third party by you or by us on
your behalf with your prior consent.
In agreeing to these
terms and conditions, you accept that we are an advertising medium
and cannot guarantee a particular level of response to listings.
Response rates may vary time to time and certain vehicles or listings
may attract higher levels of response than others.
We in no way warrant
or guarantee that any listed vehicle will be offered work by any
third party whatsoever.
We do not have and
never intend to have any contractual involvement in any transaction
between you and a third party and at no stage do we auction, buy,
sell or make available for hire or purport to auction, buy, sell
or make available for hire any of the vehicles listed on our site.
Any disputes between
you and a third party are just that - we will not become involved.
You must therefore take the utmost care to screen the parties
with whom you deal. We will not screen the parties or goods on
your behalf and this is a feature of the relationship between
you and us that you willingly accept.
1.
Use of this website
1.1. We do not represent or warrant that access to this website
or any part of it will be uninterrupted, reliable or fault free.
1.2. We do not represent or warrant to you that this website or
any of its contents will be accurate, complete or reliable.
1.3. To the extent permitted by law, we exclude all liability
(whether arising in contract, tort or otherwise and whether or
not due to our negligence) which we may otherwise have to you
as a result of:
1.3.1. any technical, factual, textual or typographical inaccuracies,
errors or omissions on or relating to our website or any information
on this website;
1.3.2. the unavailability of this website (or any part of it),
goods or services;
1.3.3. any delay in providing, or failure to provide or make available,
goods or services or any negligent provision of goods or services;
1.3.4. any goods not being of merchantable quality or fit for
their intended purpose; or
1.3.5. any misrepresentation on or relating to our website, the
goods or the services (other than a fraudulent misrepresentation
made by us or on our behalf).
1.4. Our maximum liability to you in respect of your use of this
website or any services we provide or make available to you through
or in relation to this website will be the amount of any registration
fees paid by you during the year in which the liability arose.
You agree that we shall have no liability for indirect or consequential
losses, loss of data, income or profits or damages for loss of
or damage to property.
1.5. You agree that each of these limitations is reasonable having
regard to the nature of this website.
1.6. None of these exclusions or limitations shall exclude or
restrict our liability for death or personal injury caused by
our negligence.
1.7. None of the above exclusions shall affect any statutory rights
which are not capable of being excluded. However, in such case
our obligation, where permitted by law, will be limited to the
re-supply of this website, good or service to you.
1.8. Each of the above exclusions or limitations shall be construed
as a separate, and severable provision of these terms and conditions.
2. Links to other Sites
On this website you will be offered automatic links to other sites.
We do not accept any responsibility for or liability in respect
of the content of those sites, the owners of which do not have
any connection, commercial or otherwise, with us. Using automatic
links to gain access to such sites is entirely at your own risk.
3. Information on this Website
Whilst we make every effort to ensure that the information on
this site is accurate and complete, the information is supplied
to us by third parties and we are not able to check the accuracy
or completeness of that information. We do not accept any liability
arising from any inaccuracy or omission in any of the information
on this site or any liability in respect of information on this
site supplied by you, any other site user or any other
person.
4. Site subscription and charges
4.1. By subscribing to our website, you agree to pay our charges
at the rate applicable from time to time and stipulated on the
site.
4.2. If you fail at any time to pay any subscription charges due
in accordance with these terms and conditions we may, in our absolute
discretion and without prejudice to our other rights, remove any
listing(s) associated with your subscription. We need not provide
you with advance notice in such circumstances.
5. Commission
By subscribing to our website, you agree to pay our commission
as agreed between you and us if and when we are approached by
any third party wising to procure the use of your listed vehicle.
6. Information submitted by You
6.1. By registering your vehicle with us you grant us a non-exclusive,
world-wide, perpetual, irrevocable, royalty-free licence to use
any information you provide to us or other users of our website
for example, during the registration or listing process.
6.2. Any information you provide us shall be legal, decent, honest
and truthful, shall not infringe and third party’s rights,
shall not contain any viruses or other malicious computer programming
routines and shall not link to any other websites.
6.3. Without limiting the above, all information you provide shall
be accurate and complete and all registration details shall contain
the correct details as requested.
6.4. In relation to any vehicle offered by you for listing on
our website:
6.4.1. you must be the absolute unencumbered legal owner with
the right to offer the said vehicle for use; and
6.4.2. your use of the said vehicle must not infringe any third
party rights or be unlawful in any way.
6.5. We reserve the right to remove any information supplied by
you from the website at our sole discretion, at any time and for
any reason without being required to give any explanation.
7. Copyright and trade marks
7.1. Copyright
7.1.1. All rights in the design, text, graphics and other material
on our website and the selection or arrangement thereof are the
copyright of us or other third parties. Permission is granted
to electronically copy and print in hard copy portions of our
website solely in connection with the acquisition of goods or
services through our site. Any other use of materials on our website
(including reproduction for purposes other than those noted above
and alteration, modification, distribution, or republication)
without our prior written permission is strictly prohibited.
7.1.2. You hereby grant to us a perpetual royalty-free, irrevocable
licence to copy, issue copies, communicate to the public, make
publicly available and include in a cable programme service (either
in whole or in part or in a modified or edited form) any material
you up-load or post to our site (whether to a chat room, bulletin
board or otherwise). You acknowledge and agree that such material
is not up-loaded or posted subject to any obligation of confidence.
7.2. Trade marks
All trade marks, product names and company names or logos used
in our site are our property or that of their respective owners.
No permission is given by us in respect of the use of any such
trade marks, get-up, product names, company names, logos or titles
and such use may constitute an infringement of the holder's rights.
7.3. Content Rights
The rights in material on this site are protected by international
copyright, software and trademark laws and you agree to use this
site in a way which does not infringe these rights. You may copy
material on this site for your own private or domestic purposes,
but no copying for any commercial or business use is permitted.
8. Your indemnity
By subscribing to our website, you agree to indemnify and hold
us and (as applicable) our parent, subsidiaries, 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 and Conditions, or
your violation of any law or the rights of a third party.
9. Termination of subscription
9.1. We may terminate your subscription immediately if you are
in material breach of any of these terms and conditions and in
particular upon any failure by you to pay your subscription charge
in accordance with these terms and conditions. You may terminate
your subscription at any time on 30 days notice to us.
9.2. Any rights that have accrued to either party at the date
of termination will remain enforceable after termination.
10. No commercial use
You agree that you will use our website only for your internal
business purposes and that you shall not exploit our site or any
of its contents for any commercial purpose.
11. Third party rights
Where in these terms representations and warranties are made to
us and to suppliers of goods and services through our website,
you acknowledge and agree that such representations and warranties
are intended to grant rights to, and operate for the benefit of,
all such suppliers and that each such supplier may rely upon and
enforce such representations and warranties against you by virtue
of the Contracts (Rights of Third Parties) Act 1999.
12. Variations
We reserve the right at any time without notice to revise the
content of our website (including the services offered by us)
and these terms and conditions. Any changes these terms and conditions
will be posted on our site and by continuing to use our site following
any such change you will signify that you agree to be bound by
the revised terms and conditions of use.
13. Events beyond our control
We shall not be liable to you for any breach of these terms and
conditions of use or any failure to provide or delay in providing
our services through our site resulting from any event or circumstance
beyond our reasonable control including, without limitation, strikes,
lock-outs and other industrial disputes, breakdown of systems
or network access, fire, explosion or accident.
14. Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings
or claim of whatever nature arising out of or in any way relating
to them or their formation) shall be governed by and interpreted
in accordance with English law and, for these purposes the parties
irrevocably submit to the exclusive jurisdiction of English courts.
15. Unenforceability
The enforceability or otherwise of any provisions of these terms
and conditions shall not affect the enforceability of the rest
of these terms and conditions.