CarAndClassic Website
TERMS AND CONDITIONS FOR ADVERTISERS
Orders for the placement of advertisements on the websites www.CarAndClassic.co.uk or www.CarAndClassic.com are
accepted subject to the following conditions. Your attention is particularly
drawn to Clauses 4 and 5 (Liability and Indemnity).
1.Definitions
In these conditions:
- "We" or "Us" means Car and Classic Limited (Registered
Company Number: 05599884) and our successors or assigns;
"You" means the person, firm or company placing an advertisement
(or if more than one person is placing an advertisement all such persons jointly
and severally);
"Advert" means any material received by us from you for placement
on the Website; and
"the Website" means www.CarAndClassic.co.uk or www.CarAndClassic.com .
2.Content of Adverts
2.1 All Adverts must be legal, decent, honest and truthful, and comply with
the British Code of Advertising Practice (in force from time to time), all
other relevant advertising (or other) legislation, and our Guidelines
for Advertisements.
2.2 You confirm that you have all relevant consents licences and approvals
to publish the Advert and that such publication shall not breach of any third
party intellectual property or other rights.
2.3 You confirm that you have the right to sell the goods and that they comply
with UK & European Legislation where appropriate and in particular that
they are EC marked where necessary.
2.4 We will cooperate with any authorised legal or regulatory body in
its investigation of any activity which is in breach of this Clause 2.
3. Editorial Rights
3.1 By submitting an Advert to us, you assign all copyright in the advert
to us and agree to waive all moral rights in relation to the Advert. We have
absolute discretion: to publish or not publish the Advert on the Website; to
amend or edit the Advert prior to publication; and to remove the Advert from
the Website.
3.2 The publication of an Advert shall give you no right to any intellectual
property owned by us contained therein and you shall not edit or attempt to
edit any Advert after publication without our consent. We are introducing
a system to allow for private people advertisers to edit their adverts and
we want to encourage this to stop unecessary deleting and renewing of ads.
4. Liability
4.1 Although every care is taken in the preparation of the Website, you acknowledge
that it is not technically possible to run the Website free of all faults,
and we give no warranties as to the continued operation of the Website. Without
limitation to the foregoing, we accept no liability: for any Adverts not received
by us or received in a corrupted form; for any time the Website is not operational
due to faults or maintenance; for Adverts on the Website becoming out-of-date,
containing typographical errors, or otherwise being factually inaccurate; or
for any matters arising from circumstances beyond our reasonable control (including
but not limited to power cuts, acts of God, civil disturbance, terrorism, or
government or parliamentary restrictions or prohibitions). We shall not be
liable in contract, in tort or otherwise for any loss of profits, business,
revenue, opportunity, goodwill or anticipated savings nor for any indirect,
consequential or economic loss whatsoever arising in connection with these
conditions.
4.2 All warranties, conditions and other terms implied by statute or common
law are, to the fullest extent permitted by law excluded, save that nothing
in these conditions excludes or limits liability for our fraud or death or
personal injury caused by our negligence.
4.3 If notwithstanding the provisions of these conditions purporting to exclude
or limit our liability we are found liable to you then our total liability
to you in contract, tort or otherwise in arising in connection with these conditions
shall be limited to the total of such fees paid or payable by you to us under
these conditions.
5.Indemnity
5.1 You agree that you are responsible for all complaints, legal actions
or threatened legal actions relating to an Advert and agree to keep us indemnified
from all costs, damages and other losses howsoever arising from the publication
of any Advert on the Website (excluding those losses arising exclusively from
editorial changes made by us on your Advert) including without limitation any
costs incurred by us in enforcing our rights under these conditions.
5.2 You agree to further indemnify us against any losses we suffer as a result
of your sending us material containing viruses or other files which cause damage
or corruption to the Website or to our IT systems.
6. General
6.1 These conditions shall be interpreted, construed and enforced in all
respects in accordance with English law and you and we each irrevocably agree
to submit to the exclusive jurisdiction of the English Courts in respect of
any dispute or claim arising out of or in connection with these conditions.
6.2 If any provision of these conditions is unlawful, void or unenforceable
then that provision shall be deemed deleted and its deletion shall not affect
the validity and enforceability of the remaining provisions.
6.3 No failure by us to exercise any of our rights under these conditions
shall operate as a waiver of our rights.
6.4 The contract formed on these conditions between you and us is for the
sole benefit of you and us and is not intended to confer any benefit upon any
third party whether under the Contract (Rights of Third Parties) Act 1999 or
otherwise and no third party shall have any right to enforce it.
6.5 Your rights under these conditions are personal to you and us and you
shall not assign or transfer them. We shall be able to assign or transfer our
rights under these conditions at will.
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