TERMS AND CONDITIONS OF WEBSITE USE
1.1 "BMW Auto Parts" is BMW Auto Parts Limited trading from Unit 6 Minton Business Centre, Main Road, Far Cotton, Northampton, Northamptonshire, NN4 8ES. The registered office of BMW Auto Parts Limited is Unit 6 Minton Business Centre, Main Road, Far Cotton, Northampton, Northamptonshire, NN4 8ES. Company place of registration is England & Wales - 5826105. BMW Auto Parts Limited is also the website address www.onlineautomotive.co.uk and any sub domains or derivatives thereof.
1.2 "Website" is the Internet web page or Internet web pages published by BMW Auto Parts or any other party on its behalf in the course of its business practices.
1.3 "Customer" is any person, company or organisation whom visits and uses information from the Website.
1.4 "Construction" is all intellectual property programmed and designed and executed by BMW Auto Parts or its agent for the purpose of publishing all material contained within the Website other than such intellectual property as is expressly accepted on the Website.
2. USE OF THE WEBSITE AND OBLIGATIONS OF THE CUSTOMER
2.1 It is the sole responsibility of the Customer to satisfy himself or herself prior to using the Website that the Website is suitable for the purposes of the Customer and up to date. The Customer should also clear their temporary cache and refresh their browser each time they visit the Website to ensure that they download the most up to date version of the Website.
2.2 Although every effort has been made to provide accurate information on these pages, neither BMW Auto Parts, nor any of its employees, nor any of its suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Website.
2.3 The Customer is notified that BMW Auto Parts cannot exercise control over the security or subject matter of the Website and BMW Auto Parts hereby excludes all liability of any kind for the transmission or reception of any infringing part of the Website.
2.4 The Customer is notified and agrees that the Customer is only permitted to use the Website as expressly set out in these Terms and Conditions or on the Website.
2.5 The Customer is notified and agrees that the Website is for the Customer's own personal use only on a single computer or device.
2.6 The Customer is notified and agrees that the Customer may not:
2.6.1 Copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Website or any information learned by the Customer whilst accessing the Website;
2.6.2 Remove, change or obscure in any way anything on the Website and/or the Construction or otherwise use any material obtained whilst using the Website and/or the Construction except as set out in these Terms and Conditions;
2.6.3 Reverse engineer or decompile (whether in whole or in part) any software used in the Website and/or the Construction (except to the extent expressly permitted by applicable law);
2.6.4 Copy or use any material from the Website and/or the Construction for any commercial purpose;
2.6.5 Remove, change or obscure any copyright, trade mark or other intellectual property right notices contained in the original material of, or from any material copied or printed from, the Website or any good, services or content thereof;
2.6.6 Receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
2.6.7 Circumvent user authentication or security of any host, network or account (referred to as "cracking " or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading BMW Auto Parts's legitimate web pages (referred to as "page-jacking") or use the Website or the Construction for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and BMW Auto Parts will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
2.6.8 Use the Site and/or the Construction to advertise or offer to sell any goods or services for any commercial purpose without BMW Auto Parts's written consent;
2.6.9 Knowingly or recklessly transmit any electronic content (including viruses) through the Website and/or the Construction which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by BMW Auto Parts or other Internet users; or
2.6.10 Hack into the Website, make excessive traffic demands of the Website, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes through the Website or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Website and/or the Construction or any other website, or which is otherwise likely to damage or destroy BMW Auto Parts's reputation or the reputation of any third party.
3. CUSTOMER INFORMATION
4. PROPRIETARY RIGHTS
4.1 All trade marks used on the Website and/or the Construction are the trademarks of BMW Auto Parts. The Customer shall only make fair use of the trade marks and will not use the trade marks, whether design or word marks: (1) as or as part of their own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of BMW Auto Parts or the trade marks.
4.2 The Customer is notified and agrees that the Website and the Construction or any part thereof, whether presented to the Customer by BMW Auto Parts, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
4.3 The Customer is only allowed to use the Website and the Construction as set out in these Terms and Conditions and nothing on the Website and/or the Construction shall be construed as conferring any licence or other transfer or rights to the Customer of any intellectual property or other proprietary rights of BMW Auto Parts or any third party, whether by estoppel, implication or otherwise.
4.4 The Customer hereby grants to BMW Auto Parts a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any content provided by the Customer by email, post or otherwise on the Website and/or the Construction as BMW Auto Parts sees fit and without notice to the Customer, unless the Customer has indicated otherwise in such communication.
4.5 The Customer may establish a link to the Website from the Customer's website, provided that the Customer has obtained BMW Auto Parts's prior written consent and that, in BMW Auto Parts's sole discretion, the context is relevant and the link or its description is not detrimental to BMW Auto Parts.
5. LIABILITY IN RESPECT OF THIRD PARTY CONTENT
5.1 The Website may from time to time contain links to the websites, web pages, products and services also operated and/or provided by BMW Auto Parts and the Customer agrees that their use of each website, web page, product and service is also subject to the terms and conditions, if any, contained within each website or web page or attached to any products or services. These Terms and Conditions shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained with the relevant website or web page or attached to the relevant products or services shall prevail over these Terms and Conditions.
5.2 BMW Auto Parts assumes no responsibility for and does not endorse unless expressly stated, websites, web pages, content and information created or published by third parties that is included in the Website or which may be linked to and from the Website.
5.3 The Website and the Construction may be used by the Customer to link into other websites, resources and/or networks worldwide. BMW Auto Parts accepts no responsibility for those websites, resources, content, goods, services or otherwise and the Customer shall agree to conform to the acceptable use policies of such websites, resources and/or networks.
6. EXCLUSION OF LIABILITY AND OBLIGATIONS OF BMW Auto Parts
6.1 The Customer agrees that BMW Auto Parts does not generally monitor or edit, and is not required to monitor or edit, the use to which the Customer or others use the Website and the Construction and BMW Auto Parts is excluded from all liability of any kind (to the extent permitted by law) arising from the use of the Website and the Construction. Notwithstanding the foregoing, BMW Auto Parts reserves the right to alter, update or remove the Website and/or the Construction in whole or in part, at any time as BMW Auto Parts in its sole discretion considers to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.
6.2 BMW Auto Parts shall use its reasonable endeavours to ensure the maintenance and availability of the Website but availability may be affected by the equipment of the Customer, communication networks, too many people trying to use communication networks or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
6.3 BMW Auto Parts shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the performance of or use of the Website and/or the Construction and in particular, but without limitation to the foregoing, BMW Auto Parts specifically excludes all liability whatsoever in respect of any loss arising as a result of:
6.3.1 Use which the Customer makes of the Website and the Construction or reliance on content or services or goods or any loss of any services, goods or the Customer's content resulting from delays, non-deliveries, missed deliveries, or services interruptions; and
6.3.2 Defects that may exist or for any costs, loss of profits, loss of the Customer's content or consequential losses arising from the Customer's use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Website and the Construction at any time.
6.4 All conditions or warranties that may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
6.5 The Customer's only remedy under these Terms and Conditions is to discontinue use of the Website and the Construction.
6.6 BMW Auto Parts makes every effort to ensure the security of the Customer's communications. The Customer is however advised that for reasons beyond BMW Auto Parts's control, there is a risk that the Customer's communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, the Customer's communications may pass over third party networks over which BMW Auto Parts has no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without the Customer's knowledge.
7. INDEMNITY BY THE CUSTOMER
The Customer hereby agrees to fully indemnify and to hold BMW Auto Parts harmless from and against any claim brought by a third party resulting from the use of the Website and the Construction or the provision of content, goods or services to BMW Auto Parts by the Customer and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly of indirectly by BMW Auto Parts in consequence of such use of the Website and the Construction or provision of content, goods or services or the Customer's breach or non-observance of any of these Terms and Conditions.
8.1 BMW Auto Parts reserves the right to modify the Website and/or the Construction or suspend or terminate the Website and/or the Construction or access to part or all of them at any time.
8.2 BMW Auto Parts reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective 2 weeks after being posted on the Website. By continuing to use the Website the Customer will be deemed to have accepted the varied Terms and Conditions.
9.1 BMW Auto Parts may elect to suspend, vary or terminate the Website and the Construction and any part thereof immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Website and the Construction and any part thereof or for any other reason whatsoever.
9.2 BMW Auto Parts may elect to terminate the Customer's access to the Website and the Construction and any part thereof forthwith on breach of any of these Terms and Conditions by the Customer, or if BMW Auto Parts ceases to offer the Website and the Construction and any part thereof for any reason whatsoever.
10.1 Governing Law and Jurisdiction - these Terms and Conditions are governed by and construed in accordance with the laws of England and Wales and the Customer hereby submits to the non-exclusive jurisdiction of the English courts.
10.2 Severability - these Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
10.3 Waiver - BMW Auto Parts’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BMW Auto Parts in writing.
10.4 Representations - the Customer is notified and agrees that in entering into these Terms and Conditions the Customer does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause 10.4 shall, however, operate to limit or exclude any liability for fraud.
10.5 Assignment - the Customer in entering into these Terms and Conditions undertakes that the Customer will not assign, re-sell, sub-lease or in any other way transfer the Customer's rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Website and the Construction and all content, goods and services being terminated by BMW Auto Parts forthwith. BMW Auto Parts may assign these Terms & Conditions in whole or in part to any third party at its discretion.
10.6 Rights of Third Parties - a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of these Terms and Conditions.
10.7 Force Majeure - BMW Auto Parts shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including, but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom BMW Auto Parts is not responsible.