Terms and Conditions
MPORTANT LEGAL NOTICE
These terms and conditions apply to the entire contents of this website under the domain name obriencars.co.uk (the Website) and to any correspondence by email between us and you. This notice is issued by O’Brien Cars.
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 By accessing any part of this 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 this Website immediately.
1.3 O’Brien Cars may revise this legal notice at any time by updating this posting. You should check this 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 Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
2.1.1 no documents or related graphics on this Website are modified in any way;
2.1.2 no graphics on this Website are used separately from accompanying text; and
2.1.3 O’Brien Cars copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation, photographs and graphical images) are owned by O’Brien Cars or its licensors. For the purposes of this legal notice, any use of extracts from this Website, other than in accordance with paragraph 2.1 above for any reason is prohibited. If you breach of any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without O’Brien Cars Limited’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. VISITOR MATERIAL AND CONDUCT
3.2 You are prohibited from posting or transmitting to or from this Website any material:
3.2.1 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;
3.2.2 for which you have not obtained all necessary licences and/or approvals;
3.2.3 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 the UK or any other country in the world; or
3.2.4 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).
3.3 You may not misuse the Website (including, without limitation, by hacking).
3.4 O’Brien Cars will fully co-operate with any law enforcement authorities or court order requesting or directing O’Brien Cars to disclose the identity or locate anyone posting any material in breach of paragraphs 5.2 or 5.3.
4. SERVICE ACCESS
4.1 While O’Brien Cars Limited endeavours to ensure that this Website is normally available 24 hours a day, O’Brien Cars will not be liable if for any reason this Website is unavailable at any time or for any period.
4.2 Access to this Website may be temporarily suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond O’Brien Cars control.
5.1 O’Brien Cars, and its officers, directors, employees, shareholders or agents do not accept any liability for the use made by you of the contents of the Website.
5.2 While O’Brien Cars endeavour to ensure that the information on this Website is correct, O’Brien Cars does not warrant the accuracy and completeness of the material on this Website. The content of this Website should only be used for information purposes and you should not rely on it to make or refrain from making any decision or take or refrain from taking any action. O’Brien Cars may make changes to the material on this Website or to the products and prices described in it at any time without notice. The material on this Website may be out of date and O’Brien Cars makes no commitment to update such material.
5.3 To the extent permitted by law, O’Brien Cars excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness of purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
6.1 O’Brien Cars (whether or not involved in creating, producing, maintaining, or delivering this Website) and its officers, directors, employees, shareholders or agents exclude all liability and responsibility for any amount or kind of loss or damage that may resort 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 thought (including without limitation negligence, contract or otherwise) in connection with this Website, in any way or in connection with the use, inability to use or the results of use of this Website, any Website linked to this Website or 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 this Website, or your downloading of any material from this Website, or any Website linked to this Website.
Provided that nothing in this legal notice shall exclude or limit Online Car and Van Limited’s liability for:
6.1.1 death or personal injury caused by negligence;
6.1.3 misrepresentation as to a fundamental matter; or
6.1.4 any liability which cannot be excused or limited under applicable law.
6.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 O’Brien Cars is not responsible for the content of any linked Websites. O’Brien Cars provides these links solely for convenience. If you use these links, you leave this Website. O’Brien Cars has not reviewed all of these third party Websites and does not control and is not responsible for these Websites or their contents or availability. O’Brien Cars 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 this Website you do so entirely at your own risk.
7.2 If you would like to link to this Website you may do so on the basis that you link to, but do not replicate, the home page of this Website and subject to the following conditions:
7.2.1 you do not remove, distort, or otherwise alter the size or appearance of the O’Brien Cars logo;
7.2.2 you do not create a frame or any other browser or border environment around this Website;
7.2.3 you do not in any way imply that O’Brien Cars is endorsing any products or services other than its won;
7.2.4 you do not misrepresent your relationship with O’Brien Cars nor present any other false information about O’Brien Cars;
7.2.5 you do not otherwise use any O’Brien Cars trade marks displayed on this Website without express written permission from O’Brien Cars;
7.2.6 you do not link from a website that is not owned by you; and
7.2.7 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.
7.3 O’Brien Cars expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action that it deems appropriate.
7.4 You shall fully indemnify O’Brien Cars for any loss or damage suffered by O’Brien Cars for breach of paragraph 5.2.
8.1 Each registration is for a single user only. O’Brien Cars does not permit you to share your user name and password with any other person nor with multiple users on a network.
8.2 Responsibility for the security of any password issued rests with you.
9. GOVERNING LAW AND JURISDICTION
9.1 These terms and conditions and your use of this Website are governed by and construed in accordance with the Laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
The obriencars.co.uk site is owned and operated by O’Brien Cars: 70 Eastbourne Road, Southport, PR8 4DU.