1) Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

(2) Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all our intellectual property rights are reserved.

(3) Licence to use website        

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]]¹ from the website, provided that:

(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;

(b)[you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;]²

(c)[you must not edit or otherwise modify any material on the website.]³

(4) Limitations of liability

[The information on this website is provided free-of-charge, and]⁴ you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law.  We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

[(5) Restricted access⁵

[Access to certain areas of our website is restricted.]  We reserve the right to restrict access to [other] areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.  You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password [at our sole discretion] [OR] [if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us].]

[(6) [Bulletin board / chat room / comments]⁶

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. 

[You must not use our website for any purposes related to marketing without our express written consent.] 

You must not use our website to copy, publish or send mass mailings or spam.

You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.  All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime[; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.]

We reserve the right to edit or remove any material posted upon our website.

We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.]

[In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.]

(7) Variation⁷

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

(8) Entire agreement

These terms and conditions [, together with our privacy policy]⁸ constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(9) Law and jurisdiction

This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

If you have any queries regarding any of the above terms

please contact: webmaster@rsmotoring.com