Terms & Conditions

 

1. WEBSITE ACCESS
AutoCherish.com and sub-domains is an online information, communication, advertising and sales service provided by EHL, PO Box 407, Romford, Essex RM2 6DY England (AutoCherish).  These Terms and Conditions apply to all transactions on this site. Please read them carefully. They do not affect your statutory rights. Your access and use of the Website is subject to your compliance with the terms and conditions set forth below. By accessing or using the Web site, you agree to be legally bound by the terms and conditions set forth below. You may not access or use the Web site should you not want to be bound by these terms and conditions. This Agreement may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement. By your access and use of the Web site you agree to regularly review this Agreement and shall be conclusively bound by any such future modifications. Your attention is particularly drawn to Clause 2 (Liability).
 
1.1 YOUR RESPONSIBILITIES
The information and data on this Web site should be treated as a guide only and should not to be relied upon as advice on which to base any decision to take or refrain from taking any decision. We cannot be held responsible for inaccurate  advertisements, information or data. If you have concerns about the accuracy of any advertisement, information or data, please let us know and we will correct it as quickly as possible. If you have concerns about the effects of any transaction you have or might have entered into with an advertiser on this Web site please seek professional legal advice. We recommend that you always obtain proper dated receipts with addresses, proof of identification and serial numbers where applicable.
 
2. LIABILITY
2.1  Although every care is taken in the preparation of the Web site, you acknowledge that it is not technically possible to run the Web site free of all faults, and we give no warranties as to the continued operation of the Web site and accept no liability for any time the Web site is not operational due to faults or maintenance. We give no warranty that any downloads will be free of viruses.
2.2  You acknowledge that the content of the Web site is supplied to us by third parties who bear the responsibility for its accuracy and consequently we accept no liability for adverts on the Web site being or becoming out-of-date, containing errors or omissions, or otherwise being factually inaccurate or misleading in any way; or for any matters arising from circumstances beyond our reasonable control (including but not limited to power cuts, acts of God, civil disturbance, terrorism, or government or parliamentary restrictions or prohibitions).
2.3  We shall not be liable in contract, in tort or otherwise for any loss of profits, business, revenue, opportunity, goodwill or anticipated savings nor for any indirect, consequential or economic loss whatsoever arising in connection with these conditions or your use of the Web site.
2.4  All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law excluded, save that nothing in these conditions excludes or limits liability for our fraud or death or personal injury caused by our negligence. Without limitation to the foregoing we give no warranties or representations as to the completeness of the information on the Web site; the ownership, quality, authenticity, compliance with description or fitness for purpose of any goods or services advertised; and the completeness of the results of any search of the Web site.
2.5  If notwithstanding the provisions of these conditions purporting to exclude or limit our liability we are found liable to you then our total liability to you in contract, tort or otherwise in arising in connection with these conditions shall be limited to the total of such fees paid or payable by you to us under these conditions.
2.6  The material on the Web site is designed to comply with English law and we cannot be held responsible for any non-compliance with applicable local laws in any other jurisdiction.
 
3. LINKS TO AND FROM THIS WEB SITE
3.1  The Web site may contain hypertext links to Web sites operated by third parties. We do not have control of such Web sites and you therefore acknowledge that we have no responsibility or liability for their content.
3.2  You may establish a hypertext link to the homepage of AutoCherish or to a specific advertisement provided that there is no implicit endorsement or recommendation of you, your Web site or your services thereby created. Any other linking to AutoCherish is prohibited without our prior written consent.
 
4. USE OF INFORMATION
4.1 All copying, reproduction, transmission, extraction, adaptation or distribution of material from AutoCherish  is prohibited, save that you may print out a copy or save a copy to your local hard disk for personal non-commercial use only. All copyright in the Web site is expressly reserved by us.
4.2  You agree not to use AutoCherish  to engage in any activity which is unlawful (including but not limited to defamation, invasion of privacy, harassment, obscenity, the transmission of child pornography or blasphemous or racist material). You must not use AutoCherish  to create or send any viruses, worms, Trojan horses or other files which disrupt the use of the Web site or of any connected network, software or hardware. We will co-operate with any authorised legal or regulatory body in its investigation of any activity which is in breach of this Clause 4.
 
5. GENERAL
5.1  These conditions shall be interpreted, construed and enforced in all respects in accordance with English law and you and we each irrevocably agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with these conditions.
5.2  If any provision of these conditions is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.
5.3  No failure by us to exercise any of our rights under these conditions shall operate as a waiver of our rights.
5.4  The contract formed on these conditions between you and us is for the sole benefit of you and us and is not intended to confer any benefit upon any third party whether under the Contract (Rights of Third Parties) Act 1999 or otherwise and no third party shall have any right to enforce it.
5.5  Your rights under these conditions are personal to you and us and you shall not assign or transfer them. We shall be able to assign or transfer our rights under these conditions at will.
 
6. TERMS AND CONDITIONS FOR ADVERTISERS
6.1  All Adverts must be legal, decent, honest and truthful, and comply with the British Code of Advertising Practice (in force from time to time), all other relevant advertising (or other) legislation, and our Guidelines for Advertisements.
6.2  You confirm that you have all relevant consents licences and approvals to publish the Advert and that such publication shall not breach of any third party intellectual property or other rights.
6.3  You confirm that you have the right to sell the goods and that they comply with UK & European Legislation where appropriate and in particular that they are EC marked where necessary.
6.4  We will co-operate with any authorised legal or regulatory body in its investigation of any activity which is in breach of this Clause 6.
 
7. EDITORIAL RIGHTS
7.1  By submitting an Advert to us, you assign all copyright in the advert to us and agree to waive all moral rights in relation to the Advert. We have absolute discretion: to publish or not publish the Advert on the Web site; to amend or edit the Advert prior to publication; and to remove the Advert from the Web site.
7.2  The publication of an Advert shall give you no right to any intellectual property owned by us contained therein. We operate a system to allow for advertisers to edit their adverts and which in all cases will be subject to re-approval by us.
7.3  You agree to allow submitted Adverts to be published in a printed publication such as a magazine subsequent to it becoming a live Advert on the Web site.
 
8. LIABILITY
8.1  Although every care is taken in the preparation of the Web site, you acknowledge that it is not technically possible to run the Web site free of all faults, and we give no warranties as to the continued operation of the Web site. Without limitation to the foregoing, we accept no liability: for any Adverts not received by us or received in a corrupted form; for any time the Web site is not operational due to faults or maintenance; for Adverts on the Web site becoming out-of-date, containing typographical errors, or otherwise being factually inaccurate; or for any matters arising from circumstances beyond our reasonable control (including but not limited to power cuts, acts of God, civil disturbance, terrorism, or government or parliamentary restrictions or prohibitions). We shall not be liable in contract, in tort or otherwise for any loss of profits, business, revenue, opportunity, goodwill or anticipated savings nor for any indirect, consequential or economic loss whatsoever arising in connection with these conditions.
8.2  All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law excluded, save that nothing in these conditions excludes or limits liability for our fraud or death or personal injury caused by our negligence.
8.3  If notwithstanding the provisions of these conditions purporting to exclude or limit our liability we are found liable to you then our total liability to you in contract, tort or otherwise in arising in connection with these conditions shall be limited to the total of such fees paid or payable by you to us under these conditions.
8.4  Third party translation software is embedded on some of our web pages and is offered as a quick and easy way to read text in your native language. You must use your best judgement as to its accuracy. No liability whatsoever is accepted for any errors in translation.
 
9. INDEMNITY
9.1  You agree that you are responsible for all complaints, legal actions or threatened legal actions relating to an Advert and agree to keep us indemnified from all costs, damages and other losses howsoever arising from the publication of any Advert on the Web site (excluding those losses arising exclusively from editorial changes made by us on your Advert) including without limitation any costs incurred by us in enforcing our rights under these conditions.
9.2  You agree to further indemnify us against any losses we suffer as a result of your sending us material containing viruses or other files which cause damage or corruption to the Web site or to our IT systems.
 
10. GENERAL
10.1 These conditions shall be interpreted, construed and enforced in all respects in accordance with English law and you and we each irrevocably agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with these conditions.
10.2  If any provision of these conditions is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.
10.3  No failure by us to exercise any of our rights under these conditions shall operate as a waiver of our rights.
10.4  The contract formed on these conditions between you and us is for the sole benefit of you and us and is not intended to confer any benefit upon any third party whether under the Contract (Rights of Third Parties) Act 1999 or otherwise and no third party shall have any right to enforce it.
10.5  Your rights under these conditions are personal to you and us and you shall not assign or transfer them. We shall be able to assign or transfer our rights under these conditions at will. 
 
TERMINATION
AutoCherish shall have the right to immediately terminate your use of the AutoCherish  Web site if AutoCherish  determines, in its sole discretion, that you have violated the Rules of Conduct set forth above or otherwise breached this agreement, or have engaged in conduct which AutoCherish  determines, in its sole discretion, to be unacceptable. AutoCherish  reserves the right to remove any postings at our sole discretion.
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