PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH TRINITY MIRROR plc OFFERS YOU USE OF ITS SERVICES AS DEFINED IN CLAUSE 1.1 OF THIS AGREEMENT BY MEANS OF [WWW.ROADRECORD.CO.UK](THE "WEBSITE"). BY USING ANY OF THE SERVICES AND/OR THE WEBSITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDIDTIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT REGISTER FOR OR USE THIS WEBSITE.
This Agreement is made between you and Trinity Mirror plc whose registered office is Kingsfield Court, Chester Business Park, Chester CH4 9RE ("Trinity Mirror").
By means of the Website, Trinity Mirror makes available an on-line motors service, which contains private, trade and dealer car adverts.
1.2 Please note that when responding to adverts you will be dealing with the seller directly and as such any contracts and/or arrangements will be formed between you and them, without Trinity Mirror as a party and Trinity Mirror cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
1.3 Placement of a car ad on the site is only available on the completion of the registration section of the Website.
The Website and the Services are for personal and non-commercial use only. You may copy electronically and print portions of the Website and/or the Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by any Site and/or the Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Website and/or the Services (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of Trinity Mirror is strictly prohibited. You also agree not to deep-link and/or frame the Website or any of the Services for any purpose, unless specifically authorised by Trinity Mirror to do so.
2.1 You agree that:
(a) you shall not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm Trinity Mirror's computer systems or any third party computer system; and
(b) you will keep your passwords relevant to the Website and/or the Services secure and not let them become public knowledge.
2.2 By registering to use the Services pursuant to clause [1.3], you automatically and hereby grant to Trinity Mirror a royalty free right to display, make available on the Website and otherwise deal with as necessary to provide to you the Services any material which you may provide to Trinity Mirror through your use of the Services.
2.3 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the Website and/or the Services is owned by Trinity Mirror and/or its respective licensors.
2.4 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Website , the Services and/or in any directory or other listings or information retrieval service made available on or by the Website and/or the Services has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of Trinity Mirror, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.
2.5 Trinity Mirror make no warranty that the contents of any and all e-mails communicated through The Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof
2.6 The Website and/or the Services may include links to Website s and/or services owned and/or operated by third parties. These are provided for your convenience only and Trinity Mirror is not responsible for and does not give any warranties or make any representations regarding any such Website s and/or services and is not responsible for or liable in relation to the content or your use of such Website s (save to the extent required by law).
2.7 In view of the vast flow of information transmitted by an Internet service provider and/or Website operator (as applicable) each day, it is not technically possible nor economically feasible to monitor all materials that pass through its system (including, without limitation, all views and/or comments therein). Trinity Mirror believes that the onus for ensuring that material presented on the Internet is legal rests with the original content provider, and we will not limit access to material unless notified that it is illegal. Notwithstanding, Trinity Mirror shall have the right to remove any items it believes may be illegal.
2.8 Trinity Mirror will not be a party to any communications whatsoever between you and those responding to any use which you may make of the Services, although Trinity Mirror reserves the right (but not the obligation) to monitor any such communications which are made by means of the Website and/or the Services. Notwithstanding the foregoing, Trinity Mirror excludes insofar as it is possible to do so in law all liability to you concerning such communications and your dealings with third parties.
2.9 Trinity Mirror is the owner of:
(a) those trade mark(s) indicated as such throughout the Website from time to time; and
(b) all other trade marks used in the Website and/or the Service which are not licensed to it by any third party.
All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
2.10 The provisions in clause 5 on Data Protection and Use of Personal Information apply in respect of your use of the Website and/or the Services.
3.1 Due to the nature of the Internet, Trinity Mirror does not promise full and error free operation of the Website and/or the Services at all times. All liability of Trinity Mirror, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law.
3.2 Trinity Mirror shall use reasonable endeavours to ensure that the Website , the Services and any information it holds on you are kept secure. However, due to the nature of the Internet, Trinity Mirror cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that Trinity Mirror is unable to exclude such liability by law).
Where you are asked to complete a Trinity Mirror registration form the personal details that you provide must be true, accurate and complete .
5.1 Information may be gathered from your registration form(s) and your use of the Website and/or the Services including through "cookies". Cookies are blocks of text placed in files on your computer's hard drive when you visit a website which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie is attached to personal information collected another way, such as by means of your on-line registration form.
5.2 The information gathered may be used by Trinity Mirror and companies in the same group as Trinity Mirror (i.e. companies which share the same ultimate parent company) internally, for purposes relating to your use of the Website and the Services and for marketing activities, and may be passed to carefully selected third parties to use for marketing activities. By marketing activities, we mean the communication directly to particular individuals (by e-mail, post or telephone) of any advertising or marketing material. If you do not wish to receive marketing material from Trinity Mirror, from companies in the same group as Trinity Mirror or from carefully selected third parties you should tick the appropriate box on the registration form(s) or notify us by e-mail. If you subsequently decide you no longer wish to receive direct marketing/information from Trinity Mirror or companies in the same group as Trinity Mirror or no longer wish us to pass your information to third parties you should again notify us by e-mail.
5.3 Trinity Mirror may forward your personal details to the Police or other regulatory body to comply with the law or in relation to suspected misuse by you of the Website and/or the Services. Where it is lawful and necessary Trinity Mirror may also monitor e-mails you send and receive.
5.4 Your personal data will be collected and processed by Trinity Mirror in accordance with its privacy policy. The personal data collected may include, without limitation, you name, address, telephone and fax details, email contact address, and other data obtained from you from time to time.
5.5 Other than as set out elsewhere in this clause 5, your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 5 by your agreement to the terms and conditions of this Agreement.
The Website and the Services are currently made available without charge to you by Trinity Mirror. However, you are responsible for all telephone charges necessary to access and use the Website and the Services which are made available.
Trinity Mirror may permanently terminate your access to the Services immediately for any reason.
Where a claim is brought against Trinity Mirror by a third party in relation to your use of the Website and/or the Services you agree to fully reimburse Trinity Mirror and all companies within the Trinity Mirror group for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by Trinity Mirror or companies within the Trinity Mirror group in or as a consequence of your breach of this Agreement and/or your use of the Website and/or Services (except in cases where a court of competent jurisdiction holds that such a claim arose due to an act or omission of Trinity Mirror).
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
11.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Trinity Mirror's prior written consent.
11.2 Trinity Mirror reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as Trinity Mirror or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website .
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
13.1 This Agreement (together with any variations to it pursuant to clause 13.2) constitutes the entire agreement between the parties in respect of its subject matter.
13.2 Trinity Mirror reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of the Website . Changes in this manner shall be deemed to have been accepted if you continue to use the Website and/or the Services after a period of two weeks from the date of transmission of the e-mail or of posting on the home pages of the Website , whichever occurs later.
Where the Website and/or the Services are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Website and/or the Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.
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