About Us » Terms of Use
CarQuake Website Terms of Use Access The proprietor of the CARQUAKE website accessible at www.carquake.co.uk (the “Website”) is Digital Acumen PLC, a company registered in England and Wales under company number 5697759, of Kemp House, 152 - 160 City Road, London EC1V 2DW (“Digital Acumen”). These Website Terms of Use are the legally binding terms on which access to the Website is granted to users of the Website (“you,” “your”) by Digital Acumen. Access to this Website constitutes acceptance by you of these Website Terms of Use, which are in force from the date of your first access to the Website. Website Use Access to the Site is permitted to you for the purpose of viewing third party advertising (“Adverts”) posted by subscribers to Digital Acumen’s advertising service (“Advertisers”) and for the purpose of you contacting Advertisers in order to obtain further information and/or purchase goods and services from them. You are granted permission to access, view and print one copy of the web content on the Website for your personal, non-commercial use, provided that you reproduce such material accurately and do not use it in a misleading context, you do not modify any materials or web content on this Website in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose and any copyright notices, trade marks and/or logos that appear on any copied screens remain on the copies and are not removed from such screens. For the avoidance of doubt, your permission to use this Website does not extend to any copyright material of Advertisers appearing in Adverts on the Website or to any third party material identified as such on the Website, and copying of any web content on the Website is strictly subject to the remaining provisions of these Website Terms of Use. Unauthorised Website Use As a condition of your use of the Website, you agree not to nor attempt to upload, post or otherwise introduce any unlawful, libellous, sexually explicit, abusive or obscene information of any kind or material that violates any copyright, trade mark, patent, trade secret, or other proprietary rights whether unregistered or registered anywhere in the world (“Intellectual Property Rights”) or other rights of any other person. Digital Acumen reserves the right to remove all material that it considers to violate these Website Terms of Use at any time and without further notification. You will not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party the whole or any part of this Website. You must not seek to access, alter or delete any information to which you do not have authorised access, including without limitation Advertiser’s account areas or advertising areas. You must not take any action to interfere with the operation of the Website. In the event that you intend to copy or use the web content or material on this Website for purposes other than that permitted above, you must obtain Digital Acumen’s express prior written consent which may be withheld entirely at Digital Acumen’s discretion and, in the case of material owned by an Advertiser and posted in an Advert, you must obtain the written consent of the relevant Advertiser over which Digital Acumen has no control. Contract Formation with Advertisers You are entirely responsible for negotiating and entering into contracts with Advertisers and you enter into such contracts entirely at your own risk. Digital Acumen makes no representation or warranty as to the quality, suitability or otherwise of any of the Advertisers who may be contacted via Adverts on the Website. Digital Acumen will not in any way whatsoever be responsible or liable for negotiation, completion or performance of contracts between you and Advertisers for the provision of goods or services, which remain at all times a matter between you and the relevant Advertiser in question. You agree that Digital Acumen will at no time enter into any contractual obligation with any Advertiser in relation to the goods or services to be provided by the Advertiser to you. You will bear entire responsibility for responding to, contracting with and ordering goods and/or services from Advertisers and you acknowledge that Digital Acumen does not make any warranty whatsoever to you regarding Advertisers or to Advertisers regarding you. Contacting Advertisers You may register your personal details with us indicating interest in being contacted by any of the Advertisers by submitting a form specified for that purpose on the Website or via the telephone number specified for that purpose on the Website whereby Digital Acumen will use reasonable endeavours to forward your details to the relevant Advertisers. All calls to the telephone number will be charged at local rates. Digital Acumen recommends you obtain the bill payers permission before calling. This is a free service and Digital Acumen does not make any guarantee, warranty or other promise that your details will in fact be forwarded to the relevant Advertiser. It is your responsibility to provide correct and complete information and Digital Acumen will not be liable for any errors in information provided to it. Processing of your personal information will be in accordance with Digital Acumen’s Privacy Policy set out on the Website. Limitation of Liability In no event will Digital Acumen be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with your use of this Website or the information contained on the Website including any information contained in Adverts, including without limitation: loss of revenue, loss of business, loss of goodwill, loss or corruption of data and/or downtime. Nothing will exclude or restrict Digital Acumen’s liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of Digital Acumen’s negligence. Disclaimer The information and data provided by Digital Acumen itself on the Website are intended to be informative only and are provided on an “as is” and “as available” basis. By accessing and using the Website you acknowledge that any reliance upon any such information obtained or received via the Website will be at your sole risk. Digital Acumen provides the Website as a mere conduit for the posting of Adverts by Advertisers and the automatic supply of data by third party data-carriers and does not control the information and data in the Adverts (including that provided by third party data-carriers) which are provided and/or edited by the Advertisers. Digital Acumen does not carry out any review or provide any input or editorial control of the Adverts posted by Advertisers or data provided by third party data-carriers. The information and materials in Adverts are, therefore, published by Digital Acumen without any representation or endorsement by Digital Acumen and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, security and accuracy. Digital Acumen does not warrant that the functions of this Website will be uninterrupted or error free, that defects will be corrected or that this Website or the servers that make it available are free of viruses. Intellectual Property Rights All Intellectual Property Rights in the web content and other materials accessible on this Website is owned absolutely by Digital Acumen or Advertisers or third party data-carriers unless stated otherwise on the Website. Other than expressly permitted by these Website Terms of Use or otherwise agreed expressly in writing, you hereby agree that you will not make any copies or reproduce or otherwise issue to the public any of the web content and material on the Site, including for the avoidance of doubt and without limitation by the use of any digital content copying technology such as digital crawlers and spiders. Express permission must be obtained from Digital Acumen if you wish to copy any of the web content of the Site for purposes beyond the scope of these Website Terms of Use. For the avoidance of doubt, Digital Acumen does not warrant that any material or content posted by Advertisers in Adverts or provided by third party data-carriers will be truthful, accurate or honest or that such material or content does not infringe the Intellectual Property Rights or other rights of any third party nor will Digital Acumen be liable for any such material or content. Digital Acumen will make reasonable efforts to remove any such material or content from the Website upon notification of an alleged infringement. You agree that you will direct any complaint or action regarding any alleged infringement of Intellectual Property Rights or other rights relating to the material and content in Adverts on the Website to the relevant Advertiser. Viruses and Other Damaging Content It is possible that third parties may obtain unauthorised access to this Website and alter its content. Digital Acumen will not be liable for any damage or loss arising out of or resulting from any such unauthorised access to, alteration to or modification of information contained on this Website which may include the uploading of viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components to the Website. It is also possible that the Advertisers or third party data-carriers may, inadvertently or otherwise, post or upload viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components to the Website in posting or modifying Adverts on the Website. Digital Acumen will not be liable for any damage or loss arising out of or resulting from any such damaging material introduced to the Website by Advertisers. Links to Third Party Sites The Website may contain links to other websites and/or portals owned by third parties (“Third Party Sites”), and these links to Third Party Sites are provided for your convenience only. Digital Acumen will not be responsible for the web content or availability of such Third Party Sites. If you access a link to a Third Party Site you leave this Website and do so at your own risk. Note that the existence of links to Third Party Sites on the Website does not imply that Digital Acumen in any way endorses or is associated with such Third Party Sites or that any linked Third Party Site is authorised to use any copyright material, trade mark or logo of Digital Acumen. Changes Digital Acumen reserves the right to modify, add to or change these Website Terms of Use and Digital Acumen’s Privacy Policy at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted on the Website. Continued use of the Website after a modification, addition or change has been made is your acceptance of the modification, addition or change. Digital Acumen, therefore, recommends that you refer to the relevant areas of the Website on a regular basis in order to ensure that you are aware of Digital Acumen’s most recent Website Terms of Use and Privacy Policy. Termination If you breach any of these Website Terms of Use, your authorisation to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials. Any breach of these Website Terms of Use will entitle Digital Acumen to immediately terminate your use of the Website without notice. General Amendments to these Website Terms of Use will not be valid unless they are made in writing by Digital Acumen. If any provision in these Website Terms of Use is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability will not affect the validity of the remaining provisions of these Website Terms of Use, which will remain in full force and effect. Failure by either party to insist upon strict performance of any provision of these Website Terms of Use will not constitute a waiver of that provision nor affect the enforceability of the remaining provisions of Website Terms of Use. Governing Law This Website is intended for access and use by persons in England and Wales only. Digital Acumen does not represent or warrant that the information on this Website complies with the regulatory regime of any other country. If you access the Website from other locations outside England and Wales you do so entirely on your own risk and you are responsible for compliance with local laws. The parties agree that these Website Terms of Use will be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

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