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Terms and conditions

Terms AND CONDITIONS

 BACKGROUND:

 This agreement applies as between you, the User of this Website and BMW Car Club GB Limited, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1 – 19 of these Terms and Conditions is deemed to occur upon your first use of the Website. Certain parts of Clauses 8 and 9 apply only to payments and contracts for [Premium] Ads. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

 

“Account”

means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to create Ads;

“Ad”

means an advertisement posted on the Website by an Advertiser which shall provide details of the item or service offered by the Advertiser;

“Ad Fee”

means the fee payable to post an Ad;

“Advertiser”

means a User that wishes to or has placed an Ad on the Website;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

[“Free Ad”]

[means an Ad for which no Ad Fee is payable;]

[“Premium Ad”]

[means an Ad for which an Ad Fee is payable;]

“Service”

means collectively any online facilities, tools, services or information that BMW Car Club GB Limited makes available through the Website either now or in the future;

“System”

means any online communications infrastructure that BMW Car Club GB Limited makes available through the Website either now or in the future. This includes, but is not limited to, Ads, email addresses and online forms;

“User” / “Users”

means any third party that accesses the Website and is not employed by BMW Car Club GB Limited and acting in the course of their employment;

“Website”

means the website that you are currently using (http://www.bmwcarclubgb.co.uk) and any sub-domains of this site (e.g. bmwcarclubgb.uk and http://www.bmwccgbforum.co.uk/ ) unless expressly excluded by their own terms and conditions;

“We/Us/Our”

means BMW Car Club GB Limited, a company registered in England Number 01617753 at Companies House

 

  1. Intellectual Property
    1. Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Ads, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of BMW Car Club GB Limited, or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
    2. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically you agree that:
      1. You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so;
    3. Third Party Intellectual Property
      1. The intellectual property rights subsisting in the Content of Ads belong to the Advertisers who placed those Ads unless it is expressly stated otherwise.
      2. Where expressly indicated, certain Content and the intellectual property rights subsisting therein belongs to other parties.
      3. The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
    1. Fair Use of Intellectual Property

Material from the Website may be re-used without permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  1. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of BMW Car Club GB Limited or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply Our endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://bmwcarclubgb.uk/ without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@bmwcarclubgb.co.uk or by calling 01225 709 009 during the hours of 10:00 am to 3:00 pm

Advertising on the Website

  1. When submitting an Ad to the Website you should do so in accordance with the following rules:
    1. You must not use obscene or vulgar language;
    2. Your Ad may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
    3. Your Ad may not contain Content that is intended to promote or incite violence;
    4. Your Ad should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with Ads posted by other Advertisers;
    5. Ads must be made using the English Language. Content in any other language may be removed at our sole discretion;
    6. Your Ad may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
    7. items or services of the following types may not be advertised:
      1. Containing lewd or pornographic content.
      2. Gambling of any type.
    8. You must not post links to other Websites containing any of the above types of Content;
    9. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
    10. Your Ad must be placed into the appropriate category;
    11. You must not impersonate other people or businesses;
    12. You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
    13. You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
  2. You acknowledge that BMW Car Club GB Limited may screen, approve (or reject) Ads submitted to the Website, and that as a result of such screening, We may edit and/or remove Ads from Website.
  3. BMW Car Club GB Limited may edit your Ad to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your Ad may be removed and your Account may be suspended or terminated. You will be informed in writing of the reasons for any such alterations or removals.
  4. In order to post an Ad,you are required to submit certain personal details and/or business details. Bycontinuing to use this Website you represent and warrant that:
    1. any information you submit is accurate and truthful; and
    2. you will keep this information accurate and up-to-date.
  1. By posting an Ad you warrant and represent that you are the author of that Ad or that you have acquired all of the appropriate rights and / or permissions to submit it. We accept no responsibility or liability for any infringement of third party rights by such Ads or Content. Further, you waive all moral rights in the Ad to be named as its author and grant BMW Car Club GB Limited a perpetual licence to modify the Content as necessary for its inclusion on the Website.
  2. BMW Car Club GB Limited will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Ads, nor for any errors or omissions in Ads. Use of and reliance upon Ads is entirely at your own risk.
  3. Nothing in these Terms and Conditions shall grant BMW Car Club GB Limited any rights in or to any trade marks or any other intellectual property rights contained within your Ad or any part of it save for the right to display the same on the Website as part of your Ad until it is removed from the Website.
  4. You acknowledge that We may retain copies of any and all communications, information, Content and Ads sent to Us or submitted to the Website.
  1. Accounts and Ad Fees
    1. In order to post an Ad on this Website you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:
      1. all information you submit is accurate and truthful; and
      2. you will keep this information accurate and up-to-date.
    2. Sharing of accounts is not permitted unless expressly authorised in writing by BMW Car Club GB Limited. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
    3. Free Ads do not require the payment of an Ad Fee. Free Ads are those which we have agreed to post without payment, and can be removed at any time without notice or notification being required.
    4. An Ad Fee will be charged for each [Premium] Ad you post on this Website. Ad Fees are detailed http://bmwcarclubgb.uk/categories/advertise_with_us
    5.  Your credit / debit card will be billed at the time at which your [Premium] Ad goes live and at the time agreed thereafter until cancellation or termination.
    6. Your first payment will be at the price advertised on the Website. BMW Car Club GB Limited reserve the right to change Ad Fees from time to time and any such changes may affect your recurring Ad Fees:
      1. increases in price will be reflected in your recurring Ad Fees; and
      2. decreases in price will be reflected in your recurring Ad Fees.
    1. Multiple Ads are permitted for each Account.
    2. Discounts are available for multiple Ads as detailed here http://bmwcarclubgb.uk/categories/advertise_with_us
    3. No part of the Website constitutes a contractual offer capable of acceptance. Our provision of the Website and its constituent facilities constitutes a service and by posting and paying for a [Premium] Ad, you are making an order for that service that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a confirmation email. Only once We have sent you a confirmation email will there be a binding contract between BMW Car Club GB Limited and you.
    4. Confirmation emails under sub-Clause 8.7 will be sent to you immediately upon your posting of, and payment for, a [Premium] Ad and shall contain the following information:
      1. Confirmation of the [Premium] Ad including full details of the main characteristics of the service and the facilities available to you in connection with [Premium] Ads;
      2. Fully itemised pricing for your [Premium] Ad including, where appropriate, taxes and any other additional charges;
      3. The applicable times and dates for your [Premium] Ad (including the expiry date);
      4. A confirmation of your express request that the service (that is, the posting of your [Premium] Ad) begins immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 8.9; and
    1. [Premium] Ads are posted and made visible immediately upon Our confirmation under sub-Clause 8.7. When completing the posting and payment process, you will be required to expressly acknowledge that you wish the [Premium] Ad to be available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with BMW Car Club GB Limited as detailed below in sub-Clause 8.10.
    2. If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once your contract with a relevant trader is formed (as explained, in this case, in sub-Clause 8.7) and ends at the end of 14 calendar days after that date. Under normal circumstances, [Premium] Ads are made available immediately upon Our confirmation under sub-Clause 8.7. As set out in sub-Clause 8.9, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.
    3. You may cancel and remove your [Premium] Ad at any time after posting and paying for it and you will not be rebilled for it. Subject to sub-Clause 8.12, however, We cannot provide any refunds for cancelled [Premium] Ads once they have been posted on the Website.
    4. If you post and pay for a [Premium] Ad in error, you must inform Us within <>. Refunds under this sub-Clause 8.12 are at Our sole discretion and if We have any reasonable cause to believe that you have already derived a benefit from the [Premium] Ad in question, no refund will be available to you.
    5. If you terminate an Ad and/or your Account, your Ad(s) will be removed immediately and you will not be rebilled for either the cancelled Ad or all of your Ads, as appropriate.
    6. [Ads which BMW Car Club GB Limited rejects in accordance with sub-Clause 7.2 shall not be charged for.]
  1. Termination and/or Suspension

In the event that any of the provisions of sub-Clause 7.1, above, are not followed, BMW Car Club GB Limited reserves the right to suspend or terminate your access to the Service. No refunds will be issued for [Premium] Ads removed for violation of any part of these Terms and Conditions. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

  1. Privacy
    1. Use of the Website is also governed by Our <> which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
    2. The Website saves no permanent cookies on your computer. All cookies placed are purely to enable your browser to remember which page it is on, or for the use of Google Analytics in working out our web traffic.
    3. if you wish to opt-out of Our placing cookies onto your computer or device, please leave the tick box below empty. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.]
  2. How We Use Your Personal Information (Data Protection)
    1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    2. We may use your personal information to:
      1. Provide Our Service to you;
      2. Process your payments; and
      3. Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
    3. In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
    4. We will not pass on your personal information to any other third parties [without first obtaining your express permission].
  1. Disclaimers
    1. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
    2. Save for the [discretionary] screening and approval of Ads, We have neither control over, nor involvement in, any goods or services advertised on the Website and accept no responsibility for any actions taken, or any goods or services provided, by any Advertisers.
    3. Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
    4. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    5. We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
    6. Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are advised to take responsibility for your own internet security, that of your personal details and your computers.
  1. Availability of the Website and Modifications
    1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Website or the Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    2. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
    3. We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  1. Limitation of Liability
    1. To the maximum extent permitted by law, BMW Car Club GB Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    2. Nothing in these Terms and Conditions excludes or restricts BMW Car Club GB Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of BMW Car Club GB Limited.
    3. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and BMW Car Club GB Limited.

  1. Communications
    1. All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@bmwcarclubgb.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
    2. We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link contained in the email that we sent to you.
  2. Law and Jurisdiction

These Terms and Conditions and the relationship between you and BMW Car Club GB Limited shall be governed by and construed in accordance with the Law of England and Wales and BMW Car Club GB Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 Updated September 2015