Website Terms and Conditions
THESE TERMS AND CONDITIONS ("Terms") govern the use of BRMB Motors("the Website"). Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Website immediately.
1. Definitions "adflyer.co.uk" means Adflyer Limited, a company registered in England with Company Number 06521457, whose principle office is Somerset House, 6070 Birmingham Business Park, Birmingham, B37 7BF, VAT Number 930387523; “Individual User” means any User who visits or uses the Website in their personal capacity only. "Login" means any registration accepted by adflyer.co.uk which enables a User to have access to certain elements of the Website from time to time made available to such Users; "User" means any person who visits or uses the Website; "Submission" means any advert, link, comment or other material of whatever nature that submitted by a User to appear on the Website. “Trade User” means any User who visits or uses the site on behalf of the business which they represent.
2. adflyer.co.uk
2.1 The Website is owned and managed by adflyer.co.uk. All information supplied on the Website is managed by adflyer.co.uk.
3. Use of the Website
3.1 By visiting the Website you agree to be bound by these Terms. In the case of Trade Users, by visiting the site on behalf of the business you represent (“Your Business”), you warrant that you have the right, authority and capacity to enter into and be bound by these Terms on behalf of your business and that both you and Your Business agree to be bound by these Terms.
3.2 If you are an Individual User please be aware that you may have statutory rights which are unaffected by these terms and conditions. More information about your statutory rights can be found, for example, at the following website or by speaking to your local Citizen’s Advice Bureau. (www.consumerdirect.gov.uk)
3.3 In the event that adflyer.co.uk, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, adflyer.co.uk reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website blocking access to the Website and removing Submissions posted on the Website.
3.3 adflyer.co.uk may suspend the Website at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
3.4 adflyer.co.uk reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice to Users.
3.5 These Terms govern the use of the Website. Users may not use the Website or any part of it in connection with any commercial venture, other than as expressly permitted under these Terms or under other terms agreed in writing by adflyer.co.uk.
4. User Registration and User Submissions
4.1 In order to access certain features of the Website, including the ability to post adverts, you will be required to register a Login with BRMB Motors. You will only be able to use such a Login if you supply a valid email address when registering for such a Login. An email will be sent to that email address to enable a Login to be activated. By registering a Login, you agree to be bound (and by registering as a Trade User, Your Business also agrees to be bound) by the following terms (4.2 to 4.12 inclusive):
4.2 You agree to keep your Login confidential and not to allow any other individuals to use your Login to access any part of the Website.
4.3 You agree that you are solely responsible for all activities carried out under your Login.
4.4 You agree to notify BRMB Motors in the event that there is a breach of security or any unauthorised use of your Login. Contact us
4.5 You agree to indemnify and hold harmless adflyer.co.uk for any claims, losses, costs and expenses that it suffers as a result of activity conducted using your Login, including but not limited to failure to comply with the terms of clause 4.6 below.
4.6 By registering a Login and accessing the Website, you agree that you will not make any Submission that may reasonably be deemed to be offensive, illegal or inappropriate, for example any Submission that:
4.6.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.6.2 harasses or advocates harassment of another person;
4.6.3 displays pornographic or sexually explicit material;
4.6.4 that is or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.6.5 promotes any illegal activities;
4.6.6 provides instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
4.6.7 promotes or contains information that is or may be inaccurate, false or misleading;
4.6.8 engages in or promotes inappropriate commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes; or
4.6.9 infringes any rights of any third party.
4.7 You further agree that you will not:
4.7.1 select or use a Login with the intent of impersonating another person or business;
4.7.2 allow any other person to use a Login that you have registered;
4.7.3 create multiple Logins;
4.7.4 as an Individual User, use the information presented on the Website for any commercial purposes (for the avoidance of doubt, this term does not apply to Trade Users);
4.8 You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that adflyer.co.uk may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website and on websites with whom adflyer.co.uk has reciprocal arrangements and hereby grant to adflyer.co.uk a perpetual, irrevocable, worldwide licence to do so and to make your Submissions available to other Users of the Website and/or to edit your Submissions in the event that adflyer.co.uk deems it necessary to do so for whatever reason.
4.9 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.
4.10 You acknowledge that you will not be able to delete any Submission after submission. And submissions edited will have to be re-approved by adflyer.co.uk.
5. Ads on BRMB motors (Administrated by Adflyer Ltd)
5.1 By submitting your advert online you are requesting that your advert appears in BRMB motors(Website & Publications). The advert will not appear until verified and accepted . adflyer.co.uk will only have to contact you (by return e-mail address) if adflyer.co.uk are not able to accept the advert copy.
5.2 Adflyer Ltd and BRMB Motors are not able to verify the accuracy or truthfulness of any statements made in Submissions. Accordingly, if you make a Submission you shall indemnify adflyer.co.uk in full and on demand against any losses, expenses or other costs incurred by us which are caused by an untrue statement provided in that Submission.
5.3 Your advert copy (including text and photographs) must be legal, decent, honest and truthful and comply with the British Code of Advertising Standards Authority, the Unfair Commercial Practices Regulations 2008 and all relevant legislation.
5.4 Adflyer Ltd and BRMB Motors do not pass any information to third party companies but your advert may appear in one of adflyer.co.uk’s chosen partners websites.
5.5 Intellectual Property Rights in all adverts displayed on the Website shall be owned by adflyer.co.uk and you hereby assign all such copyright to us.
5.6 Once accepted you may amend your advert in accordance with adflyer.co.uk’s procedure. You have the right to cancel the advert for any reason at any time. (Contact us via our contact us page for details).
5.7 It is impossible to provide the Website free from interruptions and adflyer.co.uk do not guarantee that your advert will be provided continuously or free of faults. In addition, adflyer.co.uk will need to carry out maintenance of the Website from time to time and in doing so we shall attempt to keep the disruption to your advert to a minimum.
6. adflyer.co.uk Intellectual Property
6.1 Other than in relation to links to third party websites, Adflyer Ltd and BRMB Motors owns or has a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the data contained therein to any User. All rights in and to the Website not expressly granted to Users are reserved by adflyer.co.uk.
6.2 As an Individual User, you are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view and print the content of the Website for your personal use only. As a Trade Users, you and Your Business are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view and print the content of the Website for Your Business' internal purposes and to publish information relating to Your Business on Your Business' website and marketing materials.
6.3 You are expressly prohibited from:
6.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials any of the Website; and
6.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by adflyer.co.uk, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Adflyer Ltd and BRMB Motors or could be considered an infringement any of the intellectual property rights owned and/or licensed to adflyer.co.uk, without first obtaining the written permission of adflyer.co.uk.
7. Warranties and Liabilities
7.1 adflyer.co.uk provides Users with access to the Website free of charge and, to the maximum extent permitted by law, adflyer.co.uk shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by use of the Website or the information provided therein, or by any failure, delay, interruption or otherwise of the provision of the Website or the information provided therein, or by adflyer.co.uk’s failure to perform any of its obligations under these Terms.
7.2 In no event shall Adflyer Ltd or BRMB Motors be liable for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
7.3 The information provided on the Website is provided by third parties and should not be relied upon. Information on the site provided by adflyer.co.uk is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
7.4 Where the Website or any User Submission includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Adflyer Ltd or BRMB Motors and, to the maximum extent permitted by law, Adflyer Ltd or BRMB Motors shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
7.5 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind.
7.6 To the maximum extent permitted by law, adflyer.co.uk expressly excludes all representations, warranties, obligations and liabilities in connection with the Website or other third party websites, and the information provided therein.
7.7 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of Adflyer Ltd or BRMB Motors and Adflyer Ltd and BRMB Motors accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
8. Data Protection and Privacy Policy
8.1 adflyer.co.uk is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users using the Website, other than in relation to Submissions which for the avoidance of doubt may be displayed on the Website in accordance with these Terms and as such may be viewed by visitors to the Website. adflyer.co.uk is not able to control the use by third parties of any information appearing on the Website.
8.2 adflyer.co.uk reserves the right to gather information relating to use of the Website. By using the Website you consent to collection and use of this information by adflyer.co.uk in accordance with our Data protection and privacy policy
9. General
9.1 You may print and keep a copy of these Terms, which form the entire agreement between you and adflyer.co.uk and supersede any other communications or advertising with respect to the Website.
9.2 These Terms may only be modified with the prior written consent of adflyer.co.uk. adflyer.co.uk may alter or amend these Terms at any time, with immediate effect and without notice. By continuing to use the Website after such alteration, you will be deemed to have accepted any amendment to these Terms.
9.3 These Terms and your use of the website shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England.
9.4 You shall comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
9.5 You agree that because of the unique nature of the Website and Adflyer Ltd or BRMB Motor's proprietary rights therein, a demonstrated breach of these Terms by you may irreparably harm adflyer.co.uk and monetary damages would be inadequate compensation. Therefore, you agree that adflyer.co.uk shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
9.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
9.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
9.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
9.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Adflyer Ltd or BRMB Motors and such third parties shall not be entitled to enforce any term of these Terms against Adflyer Ltd or BRMB Motors.
9.10 If you feel that any materials appearing on the Website are offensive, objectionable or potentially defamatory please contact adflyer.co.uk by way of our contact us page providing full details of the nature of your complaint and the materials to which the complaint relates. us.
loading ...
