| Please
read this carefully.
By accessing Island Motors web
site ("the Site")
you are agreeing to the terms that appear below.
If you have any questions, please contact gareth.edwards@islandmotors.biz
These Terms were last updated on 19th May 2004.
INTRODUCTION
This Site is owned and operated by Island Motors.
As a user, you will be able to access material
on most areas of the Site without going through
a registration process. Certain areas of the Site
are only open to you if you have been provided
with a relevant password. There is no specific
time limit applying to your access and use of
the Site on these terms. However, Island Motors
reserves the right to suspend or terminate your
access and use of the Site at any time. It may
exercise this right with or without notice. If
applicable, notice will be given to your e-mail
address as notified to Island Motors. In that
event, notice will be deemed to be served three
hours after transmission or posting.
USE OF CONTENT
All material on the Site (the "Content")
belongs to Island Motors or its licensors. You
may retrieve and display content from the Site
on a computer screen, print individual pages on
paper (but not photocopy them) and store such
pages in electronic form on disk (but not on any
server or other storage device connected to a
network) for your personal use. We have tried
to ensure (Island Motors has taken all reasonable
steps to ensure) that all information we provide
through this Site is correct at the time we included
it. However, Island Motors does not warrant the
accuracy, correctness or completeness of the information
on this Site. The contents of these pages are
provided as an information guide only and should
not be relied upon as a substitute for your own
research or independent advice.
Except as expressly set out above, you may not
reproduce, modify or in any way commercially exploit
any of the Content. In particular, but without
limiting the general application of the restrictions
contained in the preceding sentence, you may not
do any of the following without prior written
permission from Island Motors:
- redistribute any of the content;
- remove the copyright or trade mark notice
from any copies of Content made under these
Terms;
- create a database in electronic or structured
manual form by systematically downloading and
storing all or any of the Content.
BULLETIN BOARDS
AND DISCUSSION GROUPS
The Site may include bulletin boards, discussion
groups and other public areas that allow feedback
to Island Motors and interaction between users
("Forums"). While Island Motors does
not control the information posted to Forums (the
"Messages"), it reserves the right (which
it may exercise at its sole discretion without
notice) to delete or re- arrange any Messages
posted on a Forum by you and you waive any moral
rights that you may have in regard to such Messages.
You are solely responsible for the content of
your Messages as posted by you on the Site. You
must comply with any rules posted by Island Motors
on a Forum.
You may not:
- post or otherwise publish any Messages containing
any form of advertising for goods and services;
- post or otherwise publish any Messages that
are unlawful, threatening, abusive, libellous,
indecent, infringe the rights of third parties
or which contain any other form of illegal content;
- post or otherwise publish any Messages that
contain a virus or other harmful component;
- restrict or inhibit any other user from using
the Forums.
By submitting messages to any Forum you agree
to indemnify and hold harmless, Island Motors
from all claims, costs and expenses (including
legal expenses) arising out of any Messages as
posted or published by you on the Forum that are
in breach of this. By submitting Messages to any
Forums you are granting Island Motors a perpetual
royalty free non-exclusive licence to reproduce,
adapt, make available, distribute and sub-license
the Message in whole or in part and in print or
electronic form.
Software and Java™ Security
Copyright in any software that is made available
for download from the Site ("Software")
belongs to Island Motors or its suppliers. Your
use of the Software is governed by the terms of
any licence agreement that may accompany or be
included with the Software. Do not install or
use any Software unless you agree to such licence
agreement.
Island Motors may from time to time give you
the option to modify your browser to enable you
to access certain requested services along with
other applications. In that event, a dialogue
box will be shown on your screen requiring your
authorisation for the modification to proceed.
By clicking the 'Grant' button (or equivalent)
on the dialogue box, you will allow Island Motors
to modify your browser to enable you to view the
service on your screen at the same time as you
work on other applications. The dialogue box may
display a 'high risk' notice. The reason for this
is that this modification makes it technically
possible for the browser to be used by Island
Motors for other purposes.
Island Motors guarantees to you that such modification
will only be used to view the requested service
with other applications and (if you have clicked
on 'Remember this decision') to view in a similar
way any other service you may specifically request
from Island Motors in the future.
LIMITATION OF LIABILITY
AND DISCLAIMER
Nothing in this disclaimer shall exclude or limit
Island Motors’s liability for (i) death
or personal injury caused by Island Motors’s
negligence or that of its officers or employees;
(ii) fraud; or (iii) any matter in respect of
which it would be illegal for Island Motors to
exclude or limit or to attempt to exclude or limit
its liability such as breach of contract. Please
note that this applies throughout this disclaimer.
Subject to the above, access to the Site and
the Content on this Site is provided for general
information purposes for your own personal use
and while all reasonable steps are taken to ensure
that the material provided on this Site is correct
at the time we included it, access to the Site
and the Content on this Site is provided without
any conditions, warranties, representation or
other terms of any kind, whether express or implied
by statute, common law or otherwise. Island Motors
does not accept any responsibility in respect
of your access to, or use or inability to use,
the Site or its Contents. Please verify all information
before relying on it. Additionally,
- Island Motors will not be
liable for any losses, costs, claims or damages
(including without limitation, damages for loss
of profits), however caused, resulting from
your access to or use, or inability to use the
Site or any Content (i) so long as (i) there
is no breach of duty by Island Motors in respect
of your access to or use of the Site; and (ii)
such loss is not a reasonably foreseeable result
of your access to, or use or inability to use
the Site or its Contents. Island Motors’s
liability for any losses, costs, claims or damages
shall be limited to a refund of the amount paid
by you for the access to or use of the Site
or the Contents in question.
- The Site contains links to other World Wide
Web sites, either directly or through frames
and, where possible, we will make clear where
such links are being made. Links to third party
web sites provided by independent third parties
are provided solely for your convenience. Although
external links are checked by Island Motors
from time to time, Island Motors has not reviewed
these third party web sites. When you access
a third party site, please note that it is independent
from Island Motors and Island Motors does not
control these websites or their content. A link
to a third party website does not mean that
Island Motors endorses, makes any representation
abut or accepts responsibility for the content
or the use of such websites. Any arrangements
made between you and any third party named on
this Site are at your sole risk and responsibility.
However, should Island Motors be found to be
negligent or in breach in its provision of such
links, Island Motors will not seek to exclude
liability.
- For the avoidance of doubt, and subject to
the above, Island Motors will not be liable
for any losses, costs, claims or damages (including,
without limitation, any damages for loss of
profits), however caused, resulting from your
access to or use or inability to use the Site
or any Content on the Site where the Site or
any Content on the Site is being used by you
in the course of business.
PRIVACY POLICY
Island Motors will never sell
personal information or share personal information
with third parties unrelated to Island
Motors. At Island Motors we use the information
we collect to serve our customers in the following
ways:
How customers use Island Motors and the feedback
they give us helps us develop and enhance the
site.
If you respond to a promotion or competition
we will ask for your name, address and e-mail
address. This is so that we can fulfil the promotion,
notify competition winners and track the popularity
of our marketing activity.
We may also use your contact information to let
you know about enhancements to the site, special
offers and promotions. If you would rather not
receive this information please inform us by contacting
sales@IslandMotors.co.uk
CHANGES TO THESE TERMS
Island Motors reserves the
right, at its discretion, to make changes to any
part of the Site. When terms are changed, Island
Motors will [notify you by e-mail] or by publishing
details of those changes by including them at
the end of these Terms (see "Changes
to these Terms"). If you use the Site
and Island Motors has published or notified you
of the changes, you are agreeing now to be bound
by those changes. If you do not agree to be bound
by those changes, you should not use the Site
any further after they are published at the end
of these Terms or after you (receive notice) of
them.
CHOICE OF LAW
AND JURISDICTION
These Terms shall be governed by, and construed
in accordance with, English Law, and subject to
the exclusive jurisdiction of the English courts.
EVENTS BEYOUND
OUR CONTROL
We will not be responsible for any breach of
this Contract caused by circumstances beyond our
reasonable control.
General
- You may not assign, sub-license or otherwise
transfer any of your rights under these Terms.
- If any provision of these Terms is found
to be invalid by any court having competent
jurisdiction, the invalidity of that provision
will not affect the validity of the remaining
provisions of these Terms, which shall remain
in full force and effect.
- Failure by either party to exercise any right
or remedy under these Terms does not constitute
a waiver of that right or remedy.
Trade Marks
- The Trade Marks, service marks, and logos
(the 'Trade Marks') used and displayed on this
Site are registered and unregistered Trade Marks
of Island Motors and others.
- Nothing on this Site should be construed
as granting, by implication, estoppel, or otherwise,
any license or right to use any Trade Mark displayed
on the Site, without written permission from
Island Motors. The name of Island Motors may
not be used in any way, including in advertising
or publicity pertaining to distribution of materials
on this Site, without prior, written permission.
- Island Motors prohibits use of Island Motors
logo as a 'hot' link to the site unless establishment
of such a link is approved in advance by Island
Motors in writing.
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