Terms and Conditions

Please read these terms and conditions carefully before using this www.car4play.com (the “Site”). Using this Site indicates that you accept these terms and conditions. If you do not accept these terms and conditions, please do not use this Site.

We may change our terms and conditions from time to time so you should review them regularly. Your use of this Site will be deemed an acceptance of the terms and conditions existing at that time.

In posting or submitting other content to car4play.com, please see our House Rules.

1. Information About Us

This Site is operated by Khoo Systems Limited. We are registered in England and Wales under company number 04090361 and have our registered office at 62 The Street, Ashtead, Surrey, United Kingdom, KT21 1AT.

2. Accessing This Site

2.1. We reserve the right to withdraw or amend the services we provide on this Site without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period.

2.2. From time to time, we may restrict access to some parts of this Site, or this entire Site, to users who have registered with us.

2.3. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.

3. Permitted Use

3.1. Subject to clause 3.2, you may print and download extracts from this Site for non-commercial use on the following basis:

3.1.1. no documents or related graphics on the Site are modified in any way;

3.1.2. no graphics on the Site are used separately from accompanying text; and

3.1.3. no copyright and trade mark notices are removed.

3.2. You agree not to:

3.2.1. use any part of the materials on this Site for commercial purposes without obtaining a license to do so from us;

3.2.2. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of this Site, except as permitted above;

4. Intellectual Property Rights

4.1. Unless otherwise specified, we are the owner or licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2. Unless otherwise specified, the authors of the literary and artistic works in the materials contained in the Site have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.

5. Reliance On Information Posted

5.1. The information contained in the material on this Site is for information purposes only and does not constitute advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of this Site, or by anyone who may be informed of any of its contents.

5.2. Subject to clause 5.3 and to the extent permitted by law, we hereby expressly exclude:

5.2.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

5.2.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with use of this Site, including without limitation any liability for:

5.2.2.1. loss of income or revenue;
5.2.2.2. loss of business;
5.2.2.3. loss of profits or contracts;
5.2.2.4. loss of anticipated savings;
5.2.2.5. loss of data;
5.2.2.6. loss of goodwill;
5.2.2.7. wasted management or office time; and

for any other loss or damage of any kind, however arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

5.3. We do not exclude liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.

6. Third Party Material

This Site may contain material submitted and created by third parties including other Site users. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material.

7. Links From This Site

Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them except as may be required by law.

8. Your content – what we are allowed to do

8.1 We may publish, check, edit or remove all or part of the posts or other material (Your Content) at our sole discretion. We are not obliged to do so and we may not.

8.2 You retain any copyright you may have in Your Content. By submitting material to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting Your Content, you warrant that you have the right to grant this license. The license is capable of sub-license by us to other entities and brands in our group of companies.

8.3 To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.

This clause means, for example (without limitation), that we can:

• Continue to publish all or part of Your Content even if are no longer registered with the Site;
• We will endeavor to, although we do not undertake to, remove content of yours which you want us to remove it
• Remove Your Content, even if you have not breached these Terms
• Use all or part of Your Content in promoting our products and services (e.g. we may use a screenshot including your posts in our advertising);
• Edit your Content, which may result in a part of it being modified and displayed, including without your username.

Please note that we do not check, monitor, moderate or even see all the posts and other material submitted to us. No posts are pre-moderated.

9. Your content - what you are not allowed to do

9.1 You must not submit any material to our Site that:

9.1.1 is:

9.1.1.1 defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist,

9.1.1.2 indecent, obscene or of a sexual nature,

9.1.1.3 a breach of confidentiality or someone's privacy;

9.1.2 could prejudice any active legal proceedings of which you are aware;

9.1.3 is likely to:

9.1.3.1 cause someone alarm, anxiety or distress;

9.1.3.2 encourage violence or racial or religious hatred;

9.1.4 infringes any intellectual property rights, such as copyright and trade marks.
This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material;

9.1.5 is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct)

9.1.6 advertises any product or services;

9.1.6.1 impersonates anyone else or otherwise misrepresents your identity, affiliation or status;

9.1.6.2 is in breach of these Terms, our Privacy Policy, and/or House Rules;

9.1.6.3 is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;

9.2 You must not try to get round any protections we put in place for the security and operation of the Site.

9.3 You must not re-submit content which you are aware has been removed.

10. Suspending or terminating your registration

10.1 We may suspend, terminate or prevent your registration at our sole discretion. This may be because, for example, we consider that you have breached or will breach these Terms or someone has reported abuse. However, suspension and termination remains at our sole discretion and we are not obliged to do any of these things.

10.2 Users who register more than one account may be liable to having additional accounts suspended or terminated at our sole discretion.

10.2 Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit content (e.g. using someone else's registration), without our permission. The period of any suspension depends on all the circumstances.

11. Data Protection and Privacy

11.1. We process information about you in accordance with our Privacy Policy. By using this Site, you consent to such processing and you warrant to the best of your knowledge and belief that all data provided by you is accurate.

11.2. We hold a data protection registration and comply with the Data Protection Act 1998.

12. Validity

If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

13. Entire Agreement

These terms and conditions constitute the entire agreement between you and us relating to the subject matter herein.

14. Jurisdiction and Applicable Law

The English and Welsh courts will have exclusive jurisdiction over any claim arising from, or related to, this Site. These terms and conditions are governed by the law of England and Wales.