1.1 In accordance with the following user terms ('User Terms'), AutoVillage.co.uk grants to you as an authorised user ('you') of this AutoVillage.co.uk web site ('Web Site') certain rights (as set out below) and in return, you agree to perform certain obligations.
1.2 Please read these User Terms carefully. They are a legal document and, by your use of the Web Site, you agree to be bound by these User Terms.
1.4 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
2.1 AutoVillage.co.uk grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('AutoVillage.co.uk Material') on the basis set out in Clause 2.2.
2.2 You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these User Terms) and store the AutoVillage.co.uk Material for your own personal, non-commercial use provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other intellectual property rights in the AutoVillage.co.uk Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the AutoVillage.co.uk Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in the AutoVillage.co.uk Material in any form, to any person or entity without the prior written consent of AutoVillage.co.uk.
2.3 Any product, process or technology referred to in the AutoVillage.co.uk Material may be subject to other intellectual property rights of AutoVillage.co.uk and are not made available hereunder.
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, AutoVillage.co.uk retains all ownership, title and interest in the intellectual property rights contained in the AutoVillage.co.uk Material including, but not limited to; copyright, database rights, trade marks, patents, service marks, design rights (whether registered or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registered or not in any jurisdiction in the world.
4.1 AutoVillage.co.uk is concerned about the safety and privacy of all its Users, especially children. Therefore, children under the age of 13 are not permitted to use AutoVillage.co.uk.
4.2 You agree to not use the Service to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
4.3 AutoVillage.co.uk reserves the right to remove any image or video for any reason whatsoever. Specifically, any image or video uploaded that is pornographic or offensive in nature (including nudity, violence, sexual acts, or sexually provocative images.), infringes upon copyrights not held by the uploader, is illegal or violates any laws, will be immediately deleted and the IP address of the uploaded reported to authorities. Violating these terms may result in termination of your ability to upload further images and videos. We reserve the right to ban any individual uploader or website domain from using our services for any reason.
4.4 We cannot be held liable for any damages. All data, photographs, videos, messages, graphics, comments, text, tags, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. You, and not AutoVillage.co.uk, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through AutoVillage.co.uk. AutoVillage.co.uk does not control the Content posted and does not guarantee the accuracy or integrity of such Content.
4.5 AutoVillage.co.uk shall not be liable for any statements or conduct of any third party using the service. By using AutoVillage.co.uk you may be exposed to Content that is indecent, objectionable or offensive.
4.6 AutoVillage.co.uk will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. AutoVillage.co.uk will not be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on AutoVillage.co.uk. AutoVillage.co.uk assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User content, communication or personal settings.
4.7 You agree to indemnify and hold AutoVillage.co.uk, its officers and employees exempt from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, transmit, post or otherwise make available through AutoVillage.co.uk.
5.1 All content uploaded to AutoVillage.co.uk is copyright the respective owners. The owners retain full rights to distribute their own work without prior consent from AutoVillage.co.uk. It is not acceptable to copy or save another user's content from AutoVillage.co.uk and upload to other sites for redistribution and dissemination.
5.2 By uploading content to AutoVillage.co.uk you give AutoVillage.co.uk permission to use or distribute your content on AutoVillage.co.uk or affiliated sites.
5.3 To publish another AutoVillage.co.uk user’s content for any commercial purpose or for distribution whether online, in print publication, television, or any other format, you are required to obtain permission from AutoVillage.co.uk in advance of said usage and attribute credit to AutoVillage.co.uk as the source where you have obtained the content.
5.4 You retain all ownership rights to Content uploaded to AutoVillage.co.uk. However, by submitting Content to AutoVillage.co.uk, you hereby grant AutoVillage.co.uk a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and AutoVillage.co.uk's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
5.5 You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in media Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your media from the Service provided that any sub-license by AutoVillage.co.uk to use, reproduce or distribute the Content prior to such termination may be perpetual and irrevocable.
5.6 You understand and agree, however, that AutoVillage.co.uk may retain, but not display, distribute, or perform, server copies of your media that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. Deleted images are only accessed in the event of a legal issue.
5.7 If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may contact AutoVillage.co.uk in writing and we will act swiftly to remove any offending content once ownership has been determined.
6.1 These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:
6.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2;
6.1.2 AutoVillage.co.uk terminates these User Terms by notice to you at any time.
6.1.3 you terminate these User Terms by notice to AutoVillage.co.uk at any time in accordance with Clause 12.1.
6.2 In the event that these User Terms are terminated for any of the reasons stated above, you agree to comply with the following obligations:
6.2.1 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the AutoVillage.co.uk Material;
6.2.2 you must delete or destroy any of the AutoVillage.co.uk Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
6.2.3 you will have no further rights to access or use the Web Site or any of the services provided on the Web Site.
7.1 AutoVillage.co.uk undertakes to use commercially reasonable means to prevent breaches of security of the Web Site.
7.2 The Web Site is provided by AutoVillage.co.uk on an "as is" and "as and when available" basis to you. You use the Web Site at your own risk.
7.3 AutoVillage.co.uk makes no representation or warranty that the Web Site or services offered via the Web Site will be accessible, or useable by you or error free. AutoVillage.co.uk uses reasonable efforts to include accurate, up-to-date information on the Web Site. The information, documents or other items provided or available on this Web Site could include technical inaccuracies or typographical errors. AutoVillage.co.uk makes no warranties or representations as to its accuracy. AutoVillage.co.uk assumes no liability or responsibility for any errors or omissions in the content on the Web Site.
7.4 AutoVillage.co.uk is not an agent for, and does not represent those persons, companies and other organisations whose goods or services may be displayed or referred to on the Web Site.
7.5 The advertisements placed on the Web Site by you or any other third party does not constitute any part of an offer or contract. AutoVillage.co.uk makes no warranty or representation that the items advertised for sale via the Web Site are offered:
(i) free of encumbrance, charge or any other unexpired right in the item; or
(ii) that such advertising is a statement or representation of fact.You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase such item.
7.6 AutoVillage.co.uk reserves the right, without notice to you, to remove any AutoVillage.co.uk Material from the Web Site or to suspend or alter the operation of the Web Site or any of the services on the Web Site, at its sole discretion or for legal or technical reasons. AutoVillage.co.uk will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. AutoVillage.co.uk may make improvements and/or changes to the information or documents provided or available on this Web Site at any time.
7.7 AutoVillage.co.uk may make available to you information based on the opinion of AutoVillage.co.uk or on the opinion of an affiliate of AutoVillage.co.uk. You should not rely upon any such opinion as a recommendation by AutoVillage.co.uk of the goods or services available of the Web Site. Professional advice should be sought before purchasing any item on the Web Site or before entering into any legally binding agreement.
8.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any of the services on the Web Site. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the services on the Web Site using your user name or password.
8.2 You agree that you will not use the Web Site or any of the services on the Web Site as follows:
8.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
8.2.2 to send or distribute multiple unsolicited emails or messages (i.e. 'spam') or to cause any other person annoyance, inconvenience or worry;
8.2.3 for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
8.3 You agree to indemnify AutoVillage.co.uk against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or the services on the Web Site in contravention of Clauses 8.1 and 8.2. Further, in these circumstances, AutoVillage.co.uk shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by AutoVillage.co.uk forthwith, without notice to you.
9.1 By placing your advert, you are requesting that the details of your vehicle appear on all corresponding websites within the AutoVillage.co.uk network. We will attempt to contact you if we are not able to accept your advert copy.
9.2 The copyright for your advert shall be owned by BuyYour Ltd and you hereby assign all such copyright to us by placing an advert. We may amend the advert to ensure compliance with such requirements.
9.3 It may take over 4 hours for your advert to be displayed on the AutoVillage.co.uk network websites after the advert has been published. Additional amendments to an advert may also take over 4 hours for the advert to be updated on the network websites.
9.4 Your advert copy must be legal, decent, honest and truthful. Your advert must comply with the British Code of Advertising Standards Authority. We reserve the right to remove your advert should we regard it as fraudulent, dishonest or inaccurate.
9.5 Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us which are caused by an untrue statement deliberately or accidently provided by you. We do not intend and will not be required to edit or review for accuracy or appropriateness of any advert content.
9.6 Each advert must be for a maximum of one vehicle.
9.7 On placing your advert you consent to all corresponding websites' individual terms and conditions. If any breach of the corresponding websites terms and conditions have been made we/they reserve the right to remove your advert. After 6 weeks we reserve the right to remove your advert from our listings although we may keep the data within our databases. Under normal circumstances you will be notified by email when your advert has been removed.
9.8 Any transactions made as a result of placing your advert on our site is your responsibility and we will not except any liability as result of any losses incurred by you, therefore please make every effort to check the validity of the potential buyer when entering into a negotiation.
9.9 All personal information collected and used from the AutoVillage.co.uk website will be processed in accordance with the Data Protection Act.
9.10 Our website contains hypertext links to the commerce provider/ financial acquirer. We do not control and are not responsible for any services provided by the commerce provider/ financial acquirer. We do not accept any liability for any loss or damage you may suffer as a result of using the commerce provider/ financial acquirer.
9.11 You may amend your draft adverts at any time, you will be allowed to amend information within an advert prior to publishing. Once your advert has been published you will be limited to the type of data within the advert that you can edit. We do not supply refunds for adverts that have been incorrectly published.
9.12 Once payment is received we are unable to refund you. Once the advert is no longer required it is your responsibility to delete your advert using the 'My Account' facility on the website.
9.13 We do not guarantee that your advert will be provided continuously or free of faults. This term is extended to all websites that receive your advert.
9.14 These terms and conditions and the contract of which they form a part shall be governed by English law. Our terms and conditions do not affect your statutory rights as a consumer.
9.16 We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. We will not e-mail you in the future unless you have given us your consent.
9.17 We will never collect sensitive information about you without your explicit consent. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
9.18 The personal information which we hold will be held securely in accordance with our internal security policy.
10.1 Information about AutoVillage.co.uk that is posted on this Web Site has been extracted from publicly available data about AutoVillage.co.uk. Such information contains a true and accurate picture of AutoVillage.co.uk's activities as of the date when it was published. While every effort has been made to ensure the accuracy of all information contained on this Web Site and to update it regularly, AutoVillage.co.uk disclaims any duty or obligation to update the information herein and any liability for any inaccuracies. You should check to see if more recent information is available.
10.2 AutoVillage.co.uk has used its discretion, best judgement and all reasonable means in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on this Web Site, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights. AutoVillage.co.uk hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by errors or omissions in the information, documents or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause.
10.3 Your use and browsing of the Web Site is at your risk. Neither AutoVillage.co.uk nor any other party involved in creating, producing, or delivering the Web Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site.
10.4 Whilst AutoVillage.co.uk has used all reasonable efforts in maintaining this Web Site virus free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data, or downtime.
10.6 AutoVillage.co.uk is not and will not be a party to, or responsible for, any transaction concerning items advertised for sale on the Web Site. All agreements are entered into by you and the third party advertiser and/or third party providing the goods and/or services only.
10.7 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
11.1 You may send a legal notice to AutoVillage.co.uk, or any questions you may have concerning these User Terms by e-mail to support@AutoVillage.co.uk.co.uk. Such notices will be effective within 3 days of receipt by AutoVillage.co.uk.
11.2 AutoVillage.co.uk may send you notice by general notice on this Web Site, by email to your email address on record with AutoVillage.co.uk, or by post to the geographical address on record with AutoVillage.co.uk. Such notice will be effective if sent by email or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by AutoVillage.co.uk.
12.1 AutoVillage.co.uk reserves the right to add to or change the terms of these User Terms in its sole discretion without your prior consent. All changes to the User Terms will be effective once posted on the Web Site. AutoVillage.co.uk will provide notice on the Web Site of any changes to the User Terms for 30 days after AutoVillage.co.uk has posted the amended User Terms on the Web Site. Your continued use of the Web Site or any of AutoVillage.co.uk's services available on the Web Site following AutoVillage.co.uk's posting of such changes will be regarded by AutoVillage.co.uk as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use any of AutoVillage.co.uk's services on the Web Site in the future.
12.2 No variation or amendment to these User Terms by you is valid unless otherwise agreed by AutoVillage.co.uk in writing and signed by a duly authorised representative of AutoVillage.co.uk and you.
12.3 If any part of these User Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
12.4 Your use of the internet is solely at your risk and subject to all applicable laws, and AutoVillage.co.uk has no responsibility for any information,software, services or other materials accessed or obtained by you using the internet. AutoVillage.co.uk does not assume any liability for timely, trouble-free and uninterrupted access to the internet.
12.5 These User Terms do not affect any consumer rights that you may have under the provisions of any applicable law or regulation.
12.6 These User Terms shall be governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts, AutoVillage.co.uk makes no representation that any information, materials or functions included are appropriate for use in any other jurisdiction. If you access the Web Site, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations.