These Terms and Conditions and any other documents and polices which are incorporated by reference (“Conditions”) are between (1) Classics and Supercars Ltd, a company registered in England and Wales with company number 12076975 whose registered office is at Bridge House Ashley Road, Hale, Altrincham, Cheshire, United Kingdom, WA14 2UT (“Classics and Supercars”, “we”, “us”), and (2) the entity agreeing to these terms (“User”, “you ” or “ yours ”).
These Conditions tell you the terms on which you may use Our Site at [LINK] and all other platforms including mobile and tablet, whether as a visitor or as a registered user. We agree to provide the Advertising Services (as defined below) to you in accordance with and subject to these Conditions. These Conditions form a legally binding contract between Classics and Supercars and you so please take the time to read them carefully and make sure you understand them.
Your attention is particularly drawn to Condition 3 (Disclaimer Liability).
If you are accepting these Conditions and register for the User Account, on behalf of a registered User, you represent and warrant that you: (i) have full legal authority to bind that registered User to these Conditions; (ii) have read and understood these Conditions; and (iii) agree to these Conditions on behalf of that registered User.
If you do not have the legal authority to bind a registered User, please do not accept these Conditions. If you do not agree to these Conditions, please refrain from using Our Site.
1. Definitions and Interpretations
“Adverts” mans all adverts for the sale of vehicles as displayed on Our Site following the acceptance of the Advertising Order by us, being a part of the Advertising Services.
“Advertising Material” means any promotional material provided by or on behalf of the User (which includes, without limitation, microsites) to be displayed as an Advert on Our Site.
“Advertising Order” means the User’s order submitted via the User Account to us display the Advertising Material as an Advert on Our Site.
“Advertising Package” means the package for the Advertising Services purchased by you via the User Account.
“Advertising Services” means the advertising services, features and software to be provided by us to the you on Our Site, under and in accordance with these Conditions.
“Applicable Laws” means all applicable laws, regulations and regulatory requirements of England and Wales relating to the performance or receipt of the Advertising Services, as amended and in force from time to time.
“Conditions” means these Terms and Conditions, as may be amended from time to time.
“Contents” means all and any of the content available on Our Site including, but not limited to, the Adverts.
“Data Protection Laws” means, up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
“GDPR” means General Data Protection Regulation – (EU) 2016/679).
“Intellectual Property Right “ means all copyright and rights in the nature of copyright, design rights, patents, trademarks, database rights, applications for any of the above, moral rights, rights in confidential information, know-how, domain names and any other intellectual or industrial property rights whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world.
“Our Material(s)” means any documentation and materials which are used or provided by Classics and Supercars in connection with the Advertising Services.
“Our Site” means [LINK] as may be amended from time to time.
“User” means anyone using or accessing Our Site, and a registered User means the User who has registered for a User Account .
“User Account” means a user account on Our Site which the User can register on [LINK].
“Personal Information” certain personal information about yourself which we may request you to provide when registering a User Account on Our Site.
2. Liability Disclaimer
2.1. Your use Our Site and the Advertising Services offered by us is at your own risk. Our Site, the Content and other services offered by us are provided “as is” and on an “as described” basis.
2.2. You acknowledge that:
a) we have no duty to anyone using Our Site to investigate the accuracy of any of the Contents and, for avoidance of doubt, any Advertising Material or Adverts;
b) we do not carry out any checks against the vehicles or their owners appearing in the Adverts;
c) the Contents and Advertising Material are supplied to us by third parties who remain fully responsible for their accuracy, errors, emissions or misstatements.
2.3. As such, we accept no liability whatsoever for the Contents and any information displayed on Our Site which, for avoidance of any doubt are provided without any warranties as to its completeness or accuracy.
2.4. We do not guarantee that Our Site, Advertising Services or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions. From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that, in so doing, minimum disruption to any Adverts is caused.
2.5. To the fullest extent permitted by Applicable Laws, Classics and Supercars (including its officers, employees and agents) expressly excludes conditions, representations, warranties (whether express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of Our Site, including, without limitation, any liability for:
a) loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
b) wasted management or office time; and
c) any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
2.6. The exclusion and limitation of liability set out in this Condition 2 does not apply to:
a) liability arising from death or injury to persons caused by negligence;
b) liability arising as a result of fraud; and
c) anything else which cannot be excluded or limited by the Applicable Laws, to which no limit applies.
2.7. Subject to Condition 2.6, the aggregate liability of Classics and Supercars under or in connection with these Conditions, whether arising from contract, negligence or otherwise, shall be limited to 100% of the charges paid or payable by the User in a calendar year in which the liability arises.
3. User Account
3.1. In order to use certain Advertising Services on Our Site we may require you to register for your User Account and, through that, provide certain Personal Information.
3.2. You agree to provide and maintain Personal Information which are truthful, accurate, current and complete as prompted by the relevant registration forms and features available on Our Site.
3.4. When you register for your User Account, you will be given a unique username and/or password that gives you access to your User Account.
3.5. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur through your User Account. You agree to:
a) immediately notify us if you become aware of any unauthorised use of your password or your User Account or any other breach of security by sending an email to [EMAIL];
b) set up a new password to your User Account; and
c) ensure that you exit from your User Account at the end of each session.
3.6. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements or if a third-party gains unauthorised access to your User Account.
4. Sharing features
4.1. We permitted ‘hot links’ and deep-links to Our Site, by which we mean that you may include a link to any page of Our Site on other websites and social pages, provided that you do not use such link in any way which would or could imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or the other brands in our group into disrepute. You may not display any such content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email [EMAIL].
5. Advertising Services
5.1. By submitting the Advertising Order, you authorise us to display the Advertising Material as an Advert on Our Site.
5.2. We shall have the right to:
a) refuse to display any Advertising Material in which case we will attempt (but are not under any obligation) to contact you to explain why your Advertising Material has been refused;
b) require you to make changes, amend or edit any Advertising Material in which case we will attempt (but are not under any obligation) to contact you to explain what is required before we can accept it; or
c) remove any Advertising Material from Our Site if we believe that, in our absolute discretion, such Advertising Material is in breach of these Conditions.
5.3. We shall have no liability to you for exercising our rights under this Clause 5.2.
5.4. Whilst we aim to process and publish all the Advertising Orders within 24 hours of them being accepted, you acknowledge that we cannot guarantee:
a) any timescales required to place Adverts on Our Site; and
b) the consistent availability of the Service and/or that delivery of Our Site will be uninterrupted or error free.
5.5. We shall not be liable for any downtime of Our Site, or any loss, costs or damage incurred by you as a result of any failure to display the Advertising Material being beyond our reasonable control (including, but not limited to, war, industrial actions, floods or act of God, fire, inclement weather, legal restrictions, malicious and accidental damage) from time to time.
5.6. If we accept your Advertising Order, then:
a) as soon as possible, we will display the Advert in accordance with the Advertising Package you have selected via the Used Order;
b) the Advert may appear on Our Site (including desktop, mobile and tablet and any third-party social media platforms on which we are active); and
c) you will receive a confirmation email explaining that your Advert has gone live
6.1. The charges for are our performance of the Advertising Services will depend on the Advertising Package selected by you via the User Account. All charges stated on Our Site are inclusive of VAT, unless indicated otherwise.
6.2. We have the right to change charges for our Advertising Packages at any time and for any reason, but any revised charges shall not apply to any Adverts placed with us before publication of the revised charges.
6.3. You must pay the charges via the User Account in the manner stipulated by us.
6.4. We will issue invoices for the charges paid by you and make them available on the User Account.
6.5. You acknowledge that it is your responsibility for providing complete and accurate billing information on the User Account and notifying us of any changes.
6.6. Monthly charges shall be paid by direct debit from your bank’s account on or around the first day of each month. Charges shall be considered immediately overdue if we do not receive such payment within five (5) days of attempting to debit your bank account.
6.7. Should you fail to make any payment in full of any charges due, interest on the outstanding amount shall accrue on a daily basis from the due date until the date of payment (whether before or after judgment) at the rate of 4% above the base rate of [NAME OF BANK] from time to time. You agree that this Condition 6.7 is a substantial remedy and is fair for the purposes of Section 8 of the Late Payment of Commercial Debts (Interest) Act 1998.
6.8. We shall further be entitled to suspend the performance of the Advertising Services during any period in which any charges remain unpaid in accordance with the provisions of this Condition 11.
7. Advertising Material – Guideline
7.1. If you are a trader acting in the course of your business, you must make that fact (that you are a trader) clear in your Advertising Material. We may, in our sole discretion, reject any Advertising Material and remove any Advert that has been placed as private which we reasonably believe has been placed by a trader acting in the course of a business. In such circumstances, you will not be entitled to any refund of the charges in question and you may be charged an administration fee of £100 by us.
7.2. Each Advert may only feature one vehicle. If you have more than one vehicle to sell, you will need to place a separate Advert for each vehicle.
7.3. We are only able to display one Advert for each vehicle at any one time.
7.4. We may accept photographs of vehicles for use in Adverts. However, we reserve the right in our sole discretion not to include a photograph in an Advert.
7.5. You are solely responsible for uploading any photographs which form part of your Advertising Material unless agreed otherwise by us. We shall have no responsibility for the quality of any photographs you upload or provide to us.
7.6. Photographs which form part of the Advertising Material may be checked by us to ensure that the content meets the following requirements:
a) photographs submitted for inclusion in the advert must not contain: nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyrighted material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous.
b) photographs submitted for inclusion in the advert must not contain individuals that can be personally identified.
c) photographs should only show one vehicle.
7.7. If a photograph in your advert does not meet the requirements set out in Condition 7.6, we reserve the right not to publish the photograph, to remove the relevant photograph from the advert or to remove the Advert in its entirety from Our Site.
8.1. By placing an Advertising Order, you specifically warrant to us that:
a) you own or have all necessary rights in and to the Advertising Material, in order for their display, copy and reproduction by us to provide the Advertising Services;
b) all the information contained within the Advertising Material is a true and accurate representation of the vehicle to which it relates, and any statement made in relation to vehicle is not misleading;
c) you will not act fraudulently and will deliver any vehicle advertised that is lawfully bought from you;
d) all copy, information and materials that you provide to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the British Code of Advertising Practice, all other relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation;
e) the publication of the Advertising Material by us will not:
i. breach any contract; and/or
ii. infringe any third-party Intellectual Property Rights or other rights; and/or
iii. render us liable to any proceedings; and/or
iv. cause a detriment to our reputation
f) you will not upload any files to Our Site that contain a virus and/ or corrupted data; and
8.2. Subject to Condition 2 above (Liability Disclaimer), we shall:
a) provide the Advertising Services reasonable care and skill in a professional and timely manner; and
b) use reasonable endeavours to remedy faults or errors on Our Site as soon as possible.
9.1. You shall indemnify you from and against all losses, actions, costs, demands, damages, expenses (including reasonable legal fees), penalties and claims without limitation brought against Classics and Supercars, its officers, agents and sub-contractors arising out of or in connection with:
a) any allegation that use by Classics and Supercars of the Advertising Materials has infringed any Intellectual Property Rights of a third-party; or
b) any allegation that the Advertising Materials contains or contained untrue statement or inaccurate or unlawful content; or
c) your use of Our Site and/or the Advertising Services otherwise than in accordance with these Conditions (and any other instructions issued by Classics and Supercars from time to time; or
d) any breach by you of the Applicable Laws, including the Data Protection Laws; or
10. Intellectual Property Rights
10.1. You hereby grant to Classics and Supercars a non-exclusive licence to use, access, copy and maintain the Advertising Materials for the purpose of providing the Advertising Services, together with the right to grant sub-licences where necessary to enable us to provide the Advertising Services.
10.2. You agree agrees that the Intellectual Property Rights in Our Materials shall remain vested in Classics and Supercars and nothing in these Conditions shall result in you owning any Intellectual Property Rights in Our Materials or confer any assignment of an interest in the Intellectual Property Rights in Our Materials save for the licence granted under this Condition 10.3.
10.3. Subject to Condition 10.2, Classics and Supercars hereby grants to you a non-exclusive, non-transferable, perpetual licence to use the Intellectual Property Rights in the Our Materials in accordance with these Conditions to the extent necessary for your to access the Advertising Services or the Sharing Features as set out in Condition 4.
11. Termination, suspension and takedown
11.1. Subject to Condition 11.2, we reserve the right to suspend or terminate providing any Advertising Services offered by us or any part of it (including the availability of any features of or pages on Our Site) in which case you will receive a notice from us and a refund to you for the unexpired part of the Advertising package.
11.2. We have the right to suspend or terminate providing any Advertising Services immediately, without notice and any refund where:
a) you breach any of these Conditions; and/or
b) you breach any of the warranties contained in Condition 8; and/or
c) we reasonably suspect that you are not complying with any of the warranties contained in Condition 8; and/or
d) you have been abusive to our staff; and/or
e) we receive a complaint from a third-party regarding any of your Adverts; and/or
f) any competent law enforcement or compliance authority instructs, advises or makes a recommendation to us to suspend or take down any of your Adverts.
11.3. Notwithstanding the above, any the Advertising Material you have uploaded using Our Site may still appear on Our Site even after your User Account has been terminated. We shall continue to have the right to use your Advertising Material in accordance with the licence granted to us under these Conditions.
12.1. We may change, amend, modify, update or replace any of part of these Conditions at any time to reflect changes affecting the Advertising Services, technology, licensing arrangements, payment methods, relevant laws and/or regulatory requirements.
12.2. When it happens, we will post these on the Website and also updated the “Last Updated” date at the top of these Conditions.
12.3. We may also communicate changes to you by email. You are responsible for regularly reviewing these Conditions so that you are aware of any changes. Your continued use of Our Site or the Advertising Services after any such changes constitutes your acceptance of the new Conditions. If you do not agree to (or cannot comply with) the Conditions as amended, please do not use the Advertising Services.
13. Notices, feedback and complaints
13.1. Any notices required to be given to you under these Conditions may be sent to the applicable account email address. Any notices required to be given to us under these Conditions must be sent to:
a) Bridge House Ashley Road, Hale, Altrincham, Cheshire, United Kingdom, WA14 2UT;or
b) [EMAIL ADDRESS].
13.2. Notice is deemed to have been given upon transmission to the correct address, provided that any notice to issue any legal proceedings in relation to these Conditions must be confirmed within 48 hours by courier delivery or recorded delivery post to the correct address.
13.3. If you have any queries regarding the Advertising Services or if you wish to share your thoughts or suggest how Classics and Supercars can be improved, please:
a) write to us: Bridge House Ashley Road, Hale, Altrincham, Cheshire, United Kingdom, WA14 2UT; or
b) email us on [EMAIL ADDRESS]; or
c) call us on [TEL NUMBER.
13.4. Should you want to make a complaint regarding the Advertising Services, please email us on [EMAIL ADDRESS] together with an outline the subject of your complaint and in the case of complaints relating to a webpage (if possible) include a link to where the webpage which is the subject of your complaint may be easily located.
14.1. We may engage sub-contractors, suppliers, third-party providers and/or other agents or affiliated companies to provide the Advertising Services or any part of them.
14.2. Nothing in these Conditions shall be deemed to constitute a relationship of principal and agent (except as expressly provided in these Conditions), a partnership, joint venture, co-ownership or an employment relationship between you and us. Neither Party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither Party shall hold itself out as having authority to do the same.
14.3. The Parties do not intend any third party to have the right to enforce any provision of these Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.4. Except as expressly provided under these Conditions, the rights and remedies contained in these Conditions are cumulative and are not exclusive of any other rights or remedies provided by law or otherwise.
15. Governing law and jurisdiction
15.1. These Conditions and any non-contractual obligations arising in connection with it shall be governed by the law of England and Wales, and each Party agrees to submit any dispute which may arise out of, under, or in connection with these Conditions including disputes relating to any non-contractual obligation, to the exclusive jurisdiction of the courts of England and Wales.