Terms & Conditions

Terms & Conditions 1. Formation and scope of agreement 1.1 These terms and conditions form a legally binding agreement between you (“you” or “your”) and Loony Garage Ltd (the “Company”, “we”, “us” “our”), an English company, registered number 07426226, whose registered address is at South Street House, 51 South Street, Isleworth, London, TW7 7AA, United Kingdom, that governs your use of this website (the “Site”). 1.2 By creating an account and/or using the Site, you confirm that you have read these terms and conditions and our privacy policy and agree to comply with them and with any variations made from time to time by the Company. 1.3 You will be deemed to have read and accepted these terms and conditions, including any changes, each time you use the Site. The Company reserves the right to change these terms and conditions at any time without notice and at our sole discretion. 1.4 Additional terms shall apply to any purchases you make through the Site or where you are given an opportunity to place advertisements for goods or services on the Site. 2. Your use of the Site, rights and responsibilities 2.1 The content of the Site (including but not limited to the text, photographs, videos, music, graphics, sound, images, links, illustrations, designs, written and other material including the program and code that operates the Site; together the “Content”) are provided for the personal use of users. You are authorised to visit, view, download, print or copy Content for your own personal use only, and you must acknowledge the source of the material and/or not remove the copyright or trade mark notice from any Content where it appears. 2.2 You will not register a username which refers in any way to a company or website or to the Company\’s or Site\’s name or its trademarks and logos. You must keep your registration details (including your password and log-in) secure and will not give them to any other person. All registration information you provide must be true, accurate, current and complete, and you must keep it up-to-date. 2.3 You are responsible for all activity carried out using your registration details, whether or not you have allowed or facilitated it. If you discover or suspect that your registration details are known by a third party or are being used without authorisation, you must tell us immediately via the email address below. 2.4 You agree not to: 2.4.1 breach the Posting Rules; 2.4.2 maintain more than one active registration; 2.4.3 use the Site in a way which breaches any applicable law or regulation; 2.4.4 use the Site in a way which breaches any copyright, trademark or other intellectual property rights, whether belonging to the Company or to any third party; 2.4.5 copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any Content for any purpose not authorised by these terms and conditions; 2.4.6 contact private advertisers of vehicles or other classified items other than in connection with a genuine enquiry relating to the purchase by you of the advertised vehicle or classified item; 2.4.7 violate the privacy or other personal rights of others, cause a nuisance, inconvenience or anxiety to any person, or impersonate another person; 2.4.8 post or transmit any content which is abusive, threatening, harassing, obscene, libellous, offensive, sexist, racist or discriminatory; 2.4.9 collect or store personal data about other users; 2.4.10 breach or attempt to breach the security of the Site; or 2.4.11 post or transmit any file that contains viruses, corrupted files, "Trojan Horses", or any other contaminating or destructive features that may damage someone else's computer. 2.5 You agree not to post or link to any material that breaks any of the rules above, or which is sexually explicit (whether text or images), or relates to chain letters or pyramid schemes or advertisements or promotions. You will not do anything that deliberately or recklessly prejudices the reputation of the Company. 2.6 The Company will not become involved in any disputes between users. However, should you consider any other user\’s actions or behaviour unlawful, harmful or disturbing, please contact the Company via the email address below so that it may, in its sole discretion, take such action as it deems necessary including but not limited to the termination of the offending user\’s account. 2.7 The material on the Site is supplied for information only and you should use your own judgement before relying it. The Company will not accept any responsibility for anything you do or refrain from doing in reliance on material on the Site. 2.8 The decision as to whether to accept any order of goods (including without limitation prints of photos) from you is at our sole discretion. 2.9 In the event that printed items are produced and prior to dispatch are then discovered to be in breach of these terms, we will be under no obligation to dispatch the printed items. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the printed items had been dispatched. 2.10 You agree to fully indemnify us for all loss, damage, claims, actions or demands arising out of your use or misuse of this Site, or any breach by you of these terms and conditions. 2.11 We reserve the right to withdraw, restrict or amend any of the services we provide on the Site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. 3. Content supplied by you 3.1 By posting material on the Site, you agree and promise that it does not infringe any third party rights. 3.2 For content that is covered by intellectual property rights, like photos and videos, and subject to your account settings, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license to use and exploit any IP content that you post on or upload to the Site. 3.3 When you delete material on the Site, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). 3.4 We appreciate your feedback or other suggestions about the Site, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). 3.5 We reserve the right to, but are not obliged to, monitor any material or information transmitted or received through our service. We may, at our sole discretion and without prior notice, at any time review, edit, remove, or otherwise block any material posted or uploaded to the Site by you, or to prevent you from accessing or using the Site, whether temporarily or permanently, at our sole discretion. We do not have to give you a reason for doing this. We may immediately delete any material or information from the Site which we consider to breach these terms and conditions or to be unacceptable for any reason. 3.6 We reserve the right or terminate your membership for violating these terms and conditions. 4. Trademark and copyright 4.1 The Site and any property belonging to or associated with the Company, including any trade mark or trade name, logos and software, and all Content on the Site (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way. 4.2 Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any Content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights. 4.3 The Company\’s logo and any other image on the Site which bears the Company\’s name are trademarks of the Company. They may not be used without our prior written consent. 5. External Links 5.1 You may from time to time be provided with links to other websites through use of the Site. These are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk. 6. Liability and Warranties 6.1 The Company's liability for matters in relation to which liability by law cannot be excluded or limited shall not be excluded or limited and the rest of this clause 6 shall be subject to this proviso. 6.2 The Site contains material submitted and created by private and trade advertisers and other third parties. You understand and acknowledge that material posted or transmitted by other users is the sole responsibility of the person from which such material originated. We exclude all liability for any illegality arising from such material, or any errors, omissions or inaccuracies in such material. 6.3 We give no warranties, conditions, guarantees or representations, express or implied, whether by statute or others means, as to: 6.3.1 the completeness or accuracy of the advice and information contained on the Site or any website to which it is linked; 6.3.2 the content of the classified advertisements included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any vehicle or other item so advertised; 6.3.3 the completeness of the results of any search of our database or that the vehicles or other items selected by the search are the only vehicles or other items on our database which might meet the searcher's requirements. 6.4 The Company excludes to the fullest extent permitted by applicable law all liability for any loss, claim, expenses or damages whatsoever (including, without limitation, damages for loss of profits, data or goodwill, business interruption, loss of additional revenue or other indirect, consequential or economic losses) directly or indirectly arising out of the use or inability to use the Site or the Content. If you are dissatisfied with the Site or any Content or materials on it, your sole exclusive remedy is to discontinue your use of the Site. 6.5 The Site may from time to time contain advertising and sponsorship. We are not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions. 6.6 We do not warrant that the Site, the Content or the server that makes it available are error or virus free or free of other harmful components or that your use of the Site will be uninterrupted. 6.7 The Site may contain technical inaccuracies and typographical errors. The Content may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the Content or Site up to date or liability for any failure to do so. 6.8 Any dealings between you and third parties in relation to goods and services not supplied directly by us but supplied or made available through the Site or through sites which are linked to the Site, including payment for and delivery of products or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings. 6.9 We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control. 7. General 7.1 We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Site and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions. 7.2 If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions. 7.3 These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts. 7.4 If you do not agree to all of these terms and conditions you must stop using the Site immediately. 7.5 If you have any questions about the site you should send an email to: loonyinfo@loonygarage.com
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