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2 THE SERVICES
The
Website may provide communication tools such as
email, bulletin boards, chat areas, news groups,
forums and/or other message or communication
facilities ("the Services") designed to enable you
to communicate with others. Unless stated otherwise
the Services are for your personal and
non-commercial use only.
3 CHILD SUPERVISION
We
are concerned about the safety and privacy of our
users, particularly children. Parents who wish to
allow their children access to and use of the
Website/Services should supervise such access and
use. By allowing your child access to the Services
you are allowing your child access to all of the
Services, including email, bulletin boards, chat
areas, news groups, forums and/or other message or
communication facilities. It is therefore your
responsibility to determine which Services are
appropriate for your child. Always use caution when
revealing personally identifiable information about
yourself or your children via any of the Services.
4 PRIVACY POLICY
4.1 We are committed to responsible data
management and subscribe to the principals of the
data protection legislation in the United Kingdom.
We are committed to maintaining the privacy of our
users and maintaining the security of any personal
information received from you. If you register for
any of the Services you will be asked to provide
basic personal information. The information
provided by you is not available for sale or use by
third parties. The information is used solely for
notifying you of changes or updates to the
Website/Services.
4.2 We use a technology called "cookies" as
part of our normal business procedure to track
patterns of behaviour of visitors to the Website. A
cookie is an element of data that the Website sends
to your browser that is then stored on your system.
You can set your browser to prevent this happening.
Any information collected in this way can be used to
identify you unless you change your browser
settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a
particular Service requires you to open an account
you will be required to complete the registration
process by providing certain information and
registering a username and password for use with
that Service. You are responsible for maintaining
the confidentiality of the username and password and
also for all activities which take place under your
account. You agree to immediately notify us of any
unauthorised use of your password or account or any
other breach of security. In no event will
www.estima-motoring.co.uk
be liable for any indirect or consequential loss or
damage whatsoever resulting from the disclosure of
your username and/or password. You may not use
another person’s account at any time, without the
express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information,
text, graphics, logos, photographs, images, moving
images, sound, illustrations and other materials
("the Content"), whether posted publicly or
transmitted privately, are the sole responsibility
of the person from whom such Content originated. We
do not control or endorse the Content and cannot
guarantee the accuracy, integrity or quality of such
Content and you acknowledge that by using the
Services you may be exposed to Content that is
offensive and/or indecent.
www.estima-motoring.co.uk will not be liable in any way for any Content
or for any loss or damage of any kind resulting from
the use of any Content transmitted via the Services
and you agree to bear all risks associated with the
use of any Content, including any reliance on the
accuracy or completeness of such Content.
6.2 In using the Website/Services you agree
not to:
6.2.1 use the Services to send junk email, spam,
chain letters, pyramid schemes or any other
unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate
material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive,
harassing or unlawful;
6.2.3 post, publish, distribute or disseminate
material or information that incites discrimination,
hate or violence towards any person or group on
account of their race, religion, disability,
nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or
otherwise violate the legal rights (including rights
of privacy and publicity) of others;
6.2.5 use any information or material in any
manner that infringes any copyright, trademark,
patent or other proprietary right of any party;
6.2.6 make available or upload files that
contain a virus, worm, trojan or corrupt data that
may damage the operation of the computer or property
of another;
6.2.7 collect or store personal information
about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or
services for any commercial purpose, unless such
communication facility specifically allows such
messages;
6.2.9 impersonate any person or entity for the
purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that
could damage, disable, overburden or impair the
Website/Services or interfere with any other party’s
use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate
material or information that you do not have a right
to transmit under any law or under contractual or
fiduciary relationships (such as inside information
or confidential information disclosed in the course
of employment or under a confidentiality
agreement);
6.2.13 attempt to gain unauthorised access to any
of the Services, other accounts, computer systems or
networks connected to the Website/Services through
hacking, password mining or any other means.
6.3 We have no obligation to monitor the
Services but shall be entitled to review materials
posted to a communications facility and, at our sole
discretion, to remove any material that breaches
these Terms and Conditions or is otherwise
objectionable.
7 TERMINATION
We
have the right to terminate your access to any or
all of the Services at any time, without notice, for
any reason, including without limitation, breach of
these Terms and Conditions. We may also at any
time, at our sole discretion, discontinue the
Website/Services or any part thereof without prior
notice and you agree that we shall not be liable to
you or any third party for any termination of your
access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The
Website/Services may include links to third party
websites that are controlled and maintained by
others. Any link to other websites is not an
endorsement of such websites and you acknowledge and
agree that
www.estima-motoring.co.uk is not responsible for the content or
availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable
laws regarding the transmission of technical data
exported from the United Kingdom or the country in
which you reside (if different) and with all local
laws and rules regarding acceptable use of and
conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including
without limitation the Website design, text,
graphics and all software and source codes connected
with the Website and the Services) are protected by
copyright, trade marks, patents and other
intellectual property rights and laws. In accessing
the Website you agree that you will access the
contents solely for your personal, non-commercial
use. None of the content may be downloaded, copied,
reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright
holder. This excludes the downloading, copying
and/or printing of pages of the Website for
personal, non-commercial home use only.
10.2
www.estima-motoring.co.uk
does
not claim ownership of any materials you post,
upload or submit to any publicly accessible area of
the Services. However, by doing so you are granting
us a world-wide, royalty free, non-exclusive licence
to copy, distribute, transmit, reproduce, publicly
display, edit, translate or publish such Content for
as long as you elect to display such Content via the
Services. The licence shall be terminated when such
Content is deleted from the Services.
11 INDEMNITY
You
agree to indemnify and hold
www.estima-motoring.co.uk harmless from and against any breach by you
of these Terms and Conditions and any claim or
demand brought against
www.estima-motoring.co.uk
by any third party arising out of
your use of the Services and/or any Content
submitted, posted or transmitted through the
Services, including without limitation, all claims,
actions, proceedings, losses, liabilities, damages,
costs, expenses (including reasonable legal costs
and expenses) howsoever suffered or incurred by
www.estima-motoring.co.uk in consequence of your breach of these Terms
and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own
risk. The Website/Services are provided on an "AS
IS" and "AS AVAILABLE" basis without any
representation or endorsement made and without
warranty of any kind whether express or implied,
including but not limited to the implied warranties
of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security
and accuracy.
12.2 To the extent permitted by law,
www.estima-motoring.co.uk
will not be liable for any indirect or consequential
loss or damage whatsoever (including without
limitation loss of business, opportunity, data,
profits) arising out of or in connection with the
use of the Website/Services.
12.3
www.estima-motoring.co.uk makes no warranty that the Website/Services
will meet your requirements, that Content will be
accurate or reliable, that the functionality of the
Website/Services will be uninterrupted or error
free, that defects will be corrected or that the
Website/Services or the server that makes them
available are free of viruses or anything else which
may be harmful or destructive.
12.4 Nothing in these Terms and Conditions
shall be construed so as to exclude or limit the
liability of
www.estima-motoring.co.uk
for death or personal injury as a
result of the negligence of
www.estima-motoring.co.uk.
12.5 Nothing in these Terms and Conditions
shall affect your statutory rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions
should be determined to be invalid, illegal or
unenforceable for any reason by any court of
competent jurisdiction then such Term or Condition
shall be severed and the remaining Terms and
Conditions shall survive and remain in full force
and effect and continue to be binding and
enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and
construed in accordance with the law of England and
you hereby submit to the exclusive jurisdiction of
the English court
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