| [Cellyourcar.com]
("we", "our" or "us") operates
and owns the www.cellyourcar.com
website (the “Website”) which incorporates a directory
listing service for members of the motor trade which is also
accessible as a resource to the general public. These terms
and conditions govern your access to and use of the Website
and the information contained on it is subject to these terms
and conditions. No other conditions shall apply and if you do
not wish to be bound by them you should leave the site now.
We may change these conditions at any time without any notice
to you. Any modifications will become effective on the posting
of the modified terms and conditions on this page and you
should check this page periodically.
Listings
Content within the publicly available
directories on this Website is intended for the motor trade
or motor trade affiliated goods and services, suppliers and
organisations. You should apply to be listed clicking here.
All basic listings by any business or individual in our motor trade search directory and trade vehicle buyer directory are free of charge, we charge a fee for a basic listing in our public vehicle buyers directory, sponsored listings and top 5 listings in all of our directories as per our advertised rates,
however there can be only one listing by a business or individual
in each category on the Website.
We reserve the right to decline or edit any
submissions for listing on any part or in any category of
the Website.
In applying for listing you authorise and licence us to display
and use (for our own marketing purposes only) your logo, trade
mark, design, and any other intellectual property on the Website
and as may be necessary in the course of our business.
Under no circumstances will Cellyourcar.com
(including its officers, directors, shareholders, employees,
affiliates, agents, sponsors or any other party involved in
the creation, maintenance or production of the Website) be
liable for any losses or damage which may have resulted from:
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Use or reliance on the Website |
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An inability to use the Website |
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Any information or advice received through
the Website or through any advertised link |
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The supply by you of incorrect or inaccurate
listing details |
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Mistakes, omissions, interruptions,
errors, defects, viruses, delays in operation, transmission
or service response time, or any failure of performance
with respect to the Website including without limitation
those arising from acts of God, communications failure,
theft, destruction or unauthorised access to Cellyourcar.com’s
records, programs or services |
Cellyourcar.com
is unable to guarantee the security of any information transmitted
on the Website.
Cellyourcar.com
will not be responsible or liable for any damage caused by
transmitting information to or from this Website.
Cellyourcar.com
gives no warranty, express or implied (statutory or otherwise),
to you:
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that the Website will be uninterrupted
or error-free |
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that the Website or the server from
which the Website is made available is free of viruses
or other harmful components |
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as to the accuracy, completeness, reliability
or suitability of any search results provided through
the Website |
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that the information received or advertised
through the Website is fit in terms of merchantability,
suitability, fitness for a particular purpose, and non-infringement
of proprietary rights or otherwise |
Links
Cellyourcar.com
makes no warranty, representation or condition implied or
express as to the accuracy, content, timeliness, completeness,
reliability, suitability of information, advice, or search
results provided on the Website.
Cellyourcar.com
makes no warranty, representation or condition implied or
express with respect to its content, services, documents,
information or any other material provided by Cellyourcar.com
or any goods, services or information received through the
links provided by the Website.
Provision of Advice
Cellyourcar.com
is not an agent for and does not vouch for any of the companies
or organisations whose goods or services are displayed or
referred to on the Website or for the availability, suitability,
price, competence, professional qualifications, trade certifications
or legal entitlement of anyone listed or advertising on the
site.
Intellectual property
All content which features on the Website including (but
not limited to) any text, photographs, images, graphics, illustrations,
designs, written and other material including the program
and code that operates this Website (together the "content")
is protected by copyright, trade mark and/or other proprietary
rights owned by or licensed to Cellyourcar.com.
Such intellectual property rights include, without limitation,
copyrights and database rights in the information displayed
as Cellyourcar.com
search results.
Permitted Use
Any downloading, printing or copying from this Website must
be in accordance with these terms. Such activity is permitted
solely for personal use or for supply to third parties for
no commercial gain and for their personal use only (unless
stated otherwise). You must acknowledge us and this Website
as the source of the material. You confirm that you have no
right to use the content in any other manner.
For the avoidance of doubt you are expressly prohibited from
selling or trading any information or materials copied from
the Website.
No Licence
Except as expressly provided, we do not confer any licence
under any of Cellyourcar.com’s
intellectual property rights.
Contract Formation
No contract will subsist between you and us for the supply
by us of any services unless and until we accept your order.
Please note that any goods and services supplied or made
available through this Website are subject to our standard
terms and conditions of business and any transaction concluded
between us will incorporate these terms and conditions.
Prices
The price for our services shall be the price levied at our
advertised rates from time to time. VAT at the standard rate
will be added to the price as applicable.
The prices we quote can be amended by a reasonable amount
if:
* you amend your instructions after we have taken steps to
provide the Services; and
* you ask us to expedite our service to you.
Payment
All sums due for any of our services shall be paid in full
on the following terms:-
* Payment of the price plus VAT at the applicable rate shall
be due within 14 days of the date of the invoice.
* Time for payment shall be of the essence and any failure
to pay shall entitle us at our option to treat any contract
as repudiated by you, or to delay the provision of further
services until paid (in addition to any other remedy);
* If you do not pay us on the due date, then you will pay:
| interest at 8% above the
Bank of England base rate as prescribed under the Late
Payment of Commercial Debts Regulations 2002 and the Late
Payment of Commercial Debts (Interest) Act 1998; and |
| *compensation/debt collection
costs as prescribed under the Late Payment of Commercial
Debts Regulations 2002 based upon the amount outstanding
(which are currently as follows: debt up to £999.99
- £40, debts £1000 to £9,999.99 - £70,
debts of £10,000 and over - £100) |
* All invoices shall be paid in full free from any deduction
for any set-off, counterclaim or otherwise howsoever arising.
Severance
If any provision contained in these conditions is determined
by a court of competent jurisdiction to be illegal, invalid
or otherwise unenforceable, that provision shall be severed
from these conditions and the remaining provisions shall continue
in full force and effect.
Jurisdiction and governing law
These conditions shall be governed by and construed in accordance
with the laws of England. The Website if operated from within
England. It can, however, be accessed from other places around
the world. Although these places may have different laws from
those of England, by accessing the Website you agree that
the laws of England, without regard to rules relating to conflict
of laws, will apply to all matters relating to your use of
the Website. You also agree to submit to the non-exclusive
jurisdiction of the English courts, with respect to such matters.
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