IMPORTANT LEGAL NOTICE
TERMS AND CONDITIONS
ATTENTION: This legal notice applies to the entire contents of the Website
under the domain name www.cvtradedesk.co.uk (Website) and to any
correspondence by e-mail between us and you. Please read these terms carefully
before using the Website. Using the Website indicates that you accept these
terms regardless of whether or not you choose to register with us. If you do
not accept these terms, do not use the Website. This notice is issued by
Trade Desk UK Limited (Company).
1. DEFINITIONS AND INTERPRETATIONS
1.1 The definitions and rules of interpretation in this clause apply in these
terms and conditions.
Advert(s)/ Advertised: all material and content displayed on the Website or in
e-mail alerts/faxes sent by us to you including without limitation any
information provided by you to us to be used in adverts sent by us on your
behalf.
Registered User: the person, firm or company who has registered/subscribed
on/to the Website and pays the Subscription Fee.
Subscription Fee: the fee (as revised from time to time) for registering
on/subscribing to the Website.
Third Party: any other person, firm or company who is a Registered User or is
displayed on the Website.
Username and Password: the username and password set by you when registering
onto the Website to become a Registered User.
We/Us/Our: Trade Desk UK Limited incorporated and registered in England
and Wales with company number 5868714 whose registered office is at 62 Priory
Road, Noak Hill, Romford, Essex, RM3 9AP.
You/yourself/your: the person, firm or company who uses this Website or
receives our e-mail alerts in the course of a business including a Registered
User.
1.2 Condition, schedule and paragraph headings shall not affect the
interpretation of these conditions.
1.3 A person includes a natural person, corporate or unincorporated body
(whether or not having separate legal personality).
1.4 Words in the singular shall include the plural and vice versa.
1.5 Any obligation in these terms and conditions on a person not to do
something includes an obligation not to agree, allow, permit or acquiesce in
that thing being done.
2. INTRODUCTION
2.1 By using this Website you confirm that you do so in the course of your
business.
2.2 The Website is a service for displaying Adverts (including but not limited
to sending to you our e-mail alerts) and acts only as a means of putting
businesses (buyer and sellers) in contact with one another. For the avoidance
of any doubt, any arrangements made between you and any Third Parties are at
your sole risk and responsibility.
2.3 We recommend that you confirm the trade status of any Third Parties with
whom you are intending to carry out business transactions and carry out your
own HPI and credit checks prior to entering into any arrangements.
2.3 You may access most areas of the Website without registering your details
with us. Certain areas of the Website are only open to you if you are a
Registered User.
2.4 By accessing any part of the Website, you shall be deemed to have accepted
this legal notice in full. If you do not accept this legal notice in full, you
must leave the Website immediately.
2.5 The Company may revise this legal notice at any time by updating this
posting. You should check the Website from time to time to review the then
current legal notice, because it is binding on you. Certain provisions of this
legal notice may be superseded by expressly designated legal notices or terms
located on particular pages at the Website.
3. CONTRACT
3.1 By registering your details on the Website you agree to enter into a
legally binding contract with us (“the Contract”). Subject to Condition 3.3,
the Contract may be terminated by you at any time by providing us one months
written notice by e-mail to subscriptions@cvtradedesk.co.uk.
3.2 Subject to Condition 3.3, the Contract will continue until terminated by
your in accordance with Condition 3.1.
3.3 We may terminate the Contract immediately if you are in material breach of
any of these terms and conditions and in particular upon any failure by you to
pay your Subscription Fee in accordance with Condition 7.
3.4 Any rights that have accrued to either party at the date of termination
will remain enforceable after termination.
4. NO LICENCE
4.1 You are strictly prohibited from downloading, re-utilising, reproducing,
modyifing, or otherwise copying or storing the Website or any part thereof
including without limitation any information contained on it.
4.2 The word or mark “cvtradedesk.co.uk” however represented, all
associated logos and symbols, and combinations of any of the foregoing with
another word or mark, used on the Website, are the trademarks of Terry Minter.
4.3 Unless otherwise stated, the copyright and all other intellectual property
rights in all material on the Website (including without limitation photographs
and graphical images) are owned by the Company or its licensors. Those works
are protected by copyright laws and treaties around the world. All such rights
are reserved.
4.4 Without prejudice to any other rights that we may have, if you breach any
of the terms in this legal notice, your permission to use the Website
automatically terminates. You are not entitled to and must immediately destroy
any downloaded or printed extracts from the Website.
4.5 Any rights not expressly granted in these terms are reserved.
5. SERVICE ACCESS
5.1 While the Company endeavours to ensure that the Website is normally
available 24 hours a day, the Company shall not be liable if for any reason the
Website is unavailable at any time or for any period.
5.2 Access to the Website may be suspended temporarily and without notice in
the case of system failure, maintenance or repair or for reasons beyond the
Company’s control.
6. VISITOR MATERIAL AND CONDUCT
6.1 By placing an Advert on the Website you grant us a royalty free,
non-exclusive, irrevocable, perpetual, assignable licence to exercise any
copyright, trade mark, database or any other intellectual property rights you
have in relation to such Advert. Accordingly, any material you transmit or post
to the Website shall be considered non-confidential. The Company shall have no
obligations with respect to such material. The Company and its designees shall
be free to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied therein
for any and all commercial or non-commercial purposes.
6.2 You are prohibited from posting or transmitting to or from the Website any
material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in
breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of
or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data
or other malicious software or harmful data).
6.3 Contact with Third Parties must be related to the sale and purchase of
goods/services Advertised on the Website.
6.4 You warrant that you will only use our Website for you own internal
business purposes and that you shall not exploit our Website or any part
thereof for any commercial purpose.
6.5 You may not misuse the Website (including, without limitation, by hacking).
For the avoidance of doubt any misuse of the Website may result in termination
of your access to the Website.
6.6 You are not permitted in any circumstance to disclose any contact details
or Advert details of any Third Party to any unregistered third parties.
6.7 You agree not to use the contact details of any Third Parties for any other
purposes other than set out in these terms and conditions.
6.8 The Company shall fully co-operate with any law enforcement authorities or
court order requesting or directing the Company to disclose the identity or
locate anyone posting any material in breach of Conditions 6.2 or 6.5.
6.9 You agree to hold us harmless from and agree to indemnify us against all
losses, costs, claims, actions, demands, expenses and liabilities (including
reasonable legal costs on an indemnity basis) in connection with any breach of
this Condition.
7. WEBSITE SUBSCRIPTION AND PAYMENT TERMS
7.1 By subscribing to the Website (i.e. entering into the Contract), you agree
to pay the Subscription Fee together with VAT at the rate applicable from time
to time as stipulated on the Website.
7.2 If you fail at any time to pay any Subscription Fees due in accordance with
these terms and conditions we may, in our discretion and without prejudice to
our other rights, deny you access to those areas of our Website which are
exclusively available to Registered Users. We need not provide you with advance
notice in such circumstances.
7.3 The Subscription Fee will normally be collected by the Company on a monthly
basis by direct debit or standing order.
7.4 Without prejudice to any other right or remedy that the Company may have,
if you fail to pay to us the Subscription Fee on the due date, we may:
(a) charge interest on such sum from the due date for payment at the annual
rate of 4% above the base lending rate from time to time of ROYAL BANK OF
SCOTLAND, accruing on a daily basis and being compounded quarterly until
payment is made, whether before or after any judgment and the Supplier may
claim interest under the Late Payment of Commercial Debts (Interest) act 1998;
and
(b) suspend your use of the Website until payment has been made in full.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to Third Party websites on the Website are provided solely for your
convenience. If you use these links, you leave the Website. The Company has not
reviewed all of these Third Party websites and does not control and is not
responsible for these websites or their content or availability. The Company
therefore does not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using them. If
you decide to access any of the Third Party websites linked to the Website, you
do so entirely at your own risk.
8.2 If you would like to link to the Website, prior written permission must be
obtained from the Company and if such permission is granted, you may only do so
on the basis that you link to, but do not replicate, the home page of the
Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the
Commercial Vehicle Trade Desk logo;
(b) you do not create a frame or any other browser or border environment around
the Website;
(c) you do not in any way imply that the Company is endorsing any products or
services;
(d) you do not misrepresent your relationship with the Company nor present any
other false information about the Company;
(e) you do not otherwise use any Commercial Vehicle Trade Desk trade marks displayed on
the Website;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other rights of
any other person or otherwise does not comply with all applicable laws and
regulations.
8.3 The Company expressly reserves the right to revoke the right granted in
Condition 8.2 for breach of these terms and to take any action it deems
appropriate.
8.4 You shall fully indemnify the Company for any loss or damage suffered by
the Company or any of its group companies for breach of this Condition.
9. REGISTRATION
9.1 Each registration is for a single user only. The Company does not permit
you to share your User Name and Password with any other person nor with
multiple users on a network.
9.2 Responsibility for the security of any Passwords issued rests with you.
9.3 If you have reason to believe that the disclosure, unauthorised use or
theft of your Username or Password, you must notify us immediately by e-mail to
support@cvtradedesk.co.uk.
9.4 Unless we receive notice in accordance with Condition 9.3 you are liable
for all use of the Website made whilst logged on using your Username and
Password.
10. DISCLAIMER
10.1 While the Company endeavours to ensure that the information/Adverts on the
Website are correct, the Company does not warrant the accuracy and completeness
of the material on the Website. The Company may make changes to the material on
the Website, or to the products and prices described in it, at any time without
notice. The material on the Website may be out of date, and the Company makes
no commitment to update such material.
10.2 The material/Adverts on the Website are provided "as is", without any
conditions, warranties or other terms of any kind. Accordingly, to the maximum
extent permitted by law, the Company provides you with the Website on the basis
that the Company excludes all representations (save for fraudulent
misrepresentation made by us), warranties, conditions and other terms
(including, without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and skill) which,
but for this legal notice, might have effect in relation to the Website.
11. LIABILITY
11.1 The Company, any other party (whether or not involved in creating,
producing, maintaining or delivering the Website), and any of the Company’s
group companies and the officers, directors, employees, shareholders or agents
of any of them, exclude all liability and responsibility for any amount or kind
of loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages, or
any loss of income, profits, goodwill, data, contracts, use of money, or loss
or damages arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract or
otherwise) in connection with the Website or our e-mail alerts in any way or in
connection with the use, inability to use or the results of use of the Website,
any websites linked to the Website or the material/Adverts on such websites,
including but not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account of your access
to, use of, or browsing the Website or any websites linked to the Website.
11.2 We shall not be liable to you for any breach of these terms and conditions
of use or any failure to provide or delay in providing our services resulting
from any event or circumstance beyond our reasonable control including, without
limitation, strikes, lock-outs and other industrial disputes, breakdown of
systems or network access, fire, explosion or accident.
11.3 We shall not be liable to you for any of the goods or services Advertised
by Third Parties on the Website or contained in our e-mail alerts.
11.4 It is your responsibility to satisfy yourself as to the quality and nature
of any goods/services you wish to purchase from any Third Party.
11.5 You agree that each of these limitations is reasonable having regard to
the nature of our Website and in particular given that when you purchase
information, goods or services through out the Website you will enter into a
separate contract with the supplier in each case.
11.6 Each of the above exclusions or limitations shall be construed as a
separate, and severable, provision of these terms and conditions.
11.7 Nothing in this legal notice shall exclude or limit the Company’s
liability for:
(a) death or personal injury caused by negligence (as such term is defined by
the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
11.8 Our maximum liability to you in respect of the Website will be the amount
of any Subscription Fees paid by you during the year in which the liability
arose.
11.9 If your use of material on the Website results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs
thereof.
11.10 You agree to indemnify us for all losses, costs, claims, demands,
actions, liabilities and expenses including without limitation consequential
loss for loss of profits, goodwill and damages in connection with any
information posted or transmitted to the Website (including reasonable legal
costs on a full indemnity basis) by you.
12. PRIVACY POLICY
You acknowledge and agree to be bound by the terms of our privacy policy
http://www.cvtradedesk.co.uk/privacy.aspx
13. RIGHTS OF THIRD PARTIES
No person who is not a party to this agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce these terms and conditions.
14. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English
law. Disputes arising in connection with this legal notice shall be subject to
the exclusive jurisdiction of the English courts.
If you have any queries in relation to these terms and conditions please
contact us at info@cvtradedesk.co.uk.
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