(1)     Introduction

 

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

 

If you register with our website, we will ask you to expressly agree to these terms of use.

 

If you make an enquiry using our website enquiry form, we may pass the information that you supply on to one or more of our business partner organisations, who may contact you directly.  By using our website and by agreeing to these terms of use, you consent to us passing on your information.  See Section [4] for more information about the way we handle enquiries.

 

You must be at least 16 years of age to use our website.  By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 16 years of age.

 

Our website uses cookies.  By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy.

 

(2)     Licence to use website

 

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 

 

You must not:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(3)     Acceptable use

 

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

 

You must not use our website to transmit or send unsolicited commercial communications.

 

You must not use our website for any purposes related to marketing without our express written consent.

 

(4)     Enquiries and leads

 

Our website includes an enquiry form that you can use to request information about or quotations in respect of various mobility products. 

 

We may provide the information that you provide via this form to carefully selected partner organisations (referred to in this Section [4] as "suppliers"). 

 

Telephone and email enquiries that you make using the details published on our website will  be directed to or passed to a supplier.

 

You acknowledge that we will earn a fee in respect of each lead that we provide to a supplier.

 

You acknowledge that we will earn a fee in respect of each order that you make with a supplier arising out of a lead that we provide to that supplier.

 

You further acknowledge that:

 

 

 

 

 

 

 

 

 

 

 

 

and accordingly we will not be liable to you in relation to any loss or damage arising out of the actions of any supplier or your relationship with any supplier.

 

Furthermore, we are not responsible for the enforcement of any obligations arising out of a contract between you and a supplier, and we will have no obligation to mediate between the parties to any such contract.

 

The provisions of this Section [4] are subject to the first paragraph of Section [7].

 

(6)     Limited warranties

 

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

 

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

(7)     Limitations and exclusions of liability

 

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

 

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

You accept that we have an interest in limiting the personal liability of our officers and employees.  Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use.  This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

 

(8)     Indemnity

 

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

(9)     Breaches of these terms of use

 

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

(10)     Trade marks

 

Mobility Trust and our logo are trade marks belonging to us.  We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. 

 

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

(11)     Variation

 

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

 

(12)     Assignment

 

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 

 

(13) Severability

 

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

(14)     Exclusion of third party rights

 

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

 

(15)     Entire agreement

 

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

 

(16)     Law and jurisdiction

 

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

(18)  Our details

 

The full name of our company is [name]. 

 

[We are registered in [England & Wales] under registration number [number].] 

 

Our [registered] address is [address]. 

 

You can contact us by email to [email].

(a)

 

 

(b)

 

(c)

 

(d)

 

 

(e)

 

(f) 

republish material from this website (including republication on another website);

 

sell, rent or sub-license material from the website;

 

show any material from the website in public;

 

reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

 

edit or otherwise modify any material on the website; or

 

redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

(a)

 

 

(b)

 

(c)

 

 

(d)

we are not party to any contract entered into between you and a supplier;

 

we do not comprehensively vet suppliers;

 

we do not check, audit, monitor or control the identity, credit worthiness or bona fides of suppliers; and

 

our website contains information supplied by suppliers, and we are not able to guarantee the accuracy of that information,

(a)

 

(b)

 

(c)

 

(d)

 

(e)

 

 

(f)

send you one or more formal warnings;

 

temporarily suspend your access to the website;

 

permanently prohibit you from accessing the website;

 

block computers using your IP address from accessing the website;

 

contact your internet services provider and request that they block your access to the website;

 

bring court proceedings against you for breach of contract or otherwise;

Copyright © 2012 - Mobility Trust Ltd