Everything Motorsport · Terms & Conditions

(1) Introduction

These terms of use govern your use of our website. On accessing our website on this and on each subsequent occasion, you will be deemed to have accepted all the terms and conditions that apply to its use in full.

Please note that we provide a forum for users to advertise goods and services. We are not party to the sale or purchase of goods or services advertised on this website, and accordingly we will not be liable to any person in relation to any such sale or purchase. See Section 10 for more details of our role.

You must be at least 18 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 18 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 policy.

If you disagree with these terms of use or any part of these terms of use, you must not use our website.(2) Copyright and trade marks

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website (such as text, graphics, logos, button icons, images, digital downloads and data compilations) and all database rights in our database of advertisements are owned or controlled for these purposes by us.

The EVERTHING MOTORSPORT name and logo used on our website are our trade marks and constitute proprietary rights owned by us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right to use any trade marks, names and logos.

Except as otherwise expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the website.(3) Licence to use website

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

You must not:

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

(b) sell, rent, or sub-license any material from the website;

(d) edit or otherwise modify any material on the website (other than editing your own classified advertisements using our website interface);

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

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

(g) frame or use framing techniques to enclose any trade mark, logo or other proprietary information (including images, text, page layout or form) from our website; or

(h) use any meta tags or any other hidden text utilising our name or trade marks.(4) Classified advertisements

We welcome the submission of classified advertisements to our website. To gain access to these services on our website and to make a submission, you will need to register (free of charge).

You agree that you will not attempt to register the name of another individual or adopt any user name which we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our privacy policy.

You must ensure that your username and password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person’s user ID and password to access our website, unless you have that person’s express permission to do so. We may disable your user ID and password in our sole discretion without notice or explanation.

If you make a submission for a classified advertisement, you will need to be signed into your account with your username and password. You may submit a classified advertisement by utilising the following procedure:

(a) registering with www.everythingmotorsport.com through the registration page at www.everythingmotorsport.com/sign-up/;

(b) activating and confirming your account;

(c) placing your advert on www.everythingmotorsport.com on the “Place an ad page” and following the instructions displayed on screen.

Classified advertisements submitted to our website must constitute bona fide advertisements relating to motorsport that are true, fair and accurate in all respects. Classified advertisements must all be listed in the appropriate category or categories.

Classified advertisements submitted to our website must not constitute an advertisement for any product or service that:

(a) breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction;

(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 8;

(c) is or relates to: (i) drugs, narcotics, steroids or controlled substances; (ii) pornography; (iii) obscene, indecent or sexually explicit materials; (iv) knives, swords, firearms or other weapons; (v) ammunition for any weapon; (vii) items that encourage or facilitate criminal acts or civil wrongs; or (vii) items that encourage or facilitate the infringement of any intellectual property rights.

You will have the opportunity to identify and correct input errors prior to making your submission by accessing the advert through your account dashboard. You must keep your classified advertisements up-to-date using our website interface. In particular, you must remove any classified advertisements that have ceased to apply (for example, because the goods advertised have been sold).

Classified advertisements that are submitted will be automatically processed within 24 hours following receipt.

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete submissions that in our reasonable opinion breach these terms of use or that do not in our reasonable opinion meet the additional guidelines for submissions published on our website. If we reject or delete a submission on either basis, we will not refund any applicable charges.

If we accept your classified advertisement then, it will remain published on our website for the relevant period set out on our website, subject to termination or deletion in accordance with these terms of use.

If you submit a classified advertisement to our website, we will ask you to expressly agree to the terms of use applicable at the time of submission. We will not file a copy of these terms of use specifically in relation to each submission and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms of use for future reference.

Your classified advertisements must also comply with the “acceptable use” and “submissions” provisions below.(5) Free advertisements

Our website may, at times, allow you to make free classified advertisement submissions.

We may delete free classified advertisements at any time in our sole discretion with or without notice to you.(6) Paid advertisements

In addition to free submissions, we provide a paid submission service.

The applicable submission charges will be as set out on our website from time to time at www.everythingmotorsport.com/how-to-advertise/. All submission charges stated on the website are stated inclusive of VAT.

You must pay to us the submission charges in respect of a submission in advance, in cleared funds, in accordance with the instructions on our website.

We may vary submission charges from time to time by posting new charges on our website. However, such variations will not affect submissions that have already been paid for.

If you are contracting as a consumer, you may cancel an order for a classified advertisement at any time within 14 working days, beginning on the day after the contract for publication of the advertisement comes into force, providing that the classified advertisement has not been published during that period. If you cancel a classified advertisement in accordance with this provision, you will receive a full refund of the submission charges paid. We will usually refund any money using the same method as you used to pay the charges. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we receive your valid notice of cancellation. The notice of cancellation should be sent to the address or email address given in Section 22 below.(7) Prohibited 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 data collected from our website to contact individuals or companies or other organisations for any reason (other than for the purpose of a bona fide response to a classified advertisement).

You must not use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).(8) Submissions

In these terms of use, “your submissions” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website as part of a classified advertisement, or that you submit to our website using any other website feature.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

Your submissions must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your submissions (and their publication on our website) must not:

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy, or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

Your submissions must be appropriate, civil, and tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit to our website any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user submissions, we do not undertake to monitor the submissions, or the publication of the submissions on our website.

(9) Discontinuing services

Access to our website and our advertising services is permitted on a temporary basis. We reserve the right to discontinue our classified advertising services (and the publication of our website) at any time in our sole discretion with or without notice to you. We also reserve the right to restrict access to some areas of our website, or indeed our whole website, at our discretion. We will not be liable of for any reason our website is unavailable at any time or for any period.

If:

(a) you have paid for a classified advertisement;

(b) your classified advertisement has been (or would have been) accepted in accordance with these terms of use; and

we will refund to you such portion of your payment as related to any period after the discontinuance of the services.

Save as provided in this Section 9 and in the final paragraph of Section 6, you will not be entitled to any refund upon the discontinuance of our services.

(10) Limited warranties

The information contained in the material in the websites is only for information purposes. The material on the website does not constitute advice and you should not rely on any material in the websites to make (or refrain from making) a decision. 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.

You acknowledge that:

(a) we do not confirm the identity of advertisers or buyers, check the credit worthiness or bona fides of advertisers or buyers, or otherwise vet advertisers or buyers;

(b) we do not check, audit or monitor the information contained in classified advertisements;

(d) we are not involved in any transaction between advertisers and buyers in any way; and

(e) we are not the agents for any advertisers or buyers.

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).

We will not accept liability of any description to any person, whether acting as advertiser or buyer or otherwise, in relation to the offer for sale or sale or purchase of any goods or services advertised on our website. Furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any goods or services and we will have no obligation to mediate between parties to any such contract.

We will not be liable to you in respect of any direct, indirect or consequential loss or damage incurred by you in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

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. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

Our aggregate liability to you under the terms of use will not exceed the total amount paid and payable by you to us under the terms of use.

(11) Limitations and exclusions of liability

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.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(12) 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.

(13) 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:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(d) block computers using your IP address from accessing the website;

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

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

(g) delete and/or edit any or all of your classified advertisements or website submissions; and/or

(h) suspend and/or delete your account with the website.

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).

(14) Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations and the inclusion of such hyperlinks on our website does not imply any endorsement of the material contained in the websites or their owners. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(15) Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

(16) Variation

We reserve the right to alter these terms and conditions at any time. Except as provided in section 4 above with respect to the submission of classified advertisements, 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.

(17) Assignment

We reserve the right to assign, license, sub-contract or otherwise transfer any or all of our rights and obligations under these terms and conditions to a third party without notifying you or obtaining your consent provided that, where you contract with us as a consumer, such action will not reduce the guarantees benefiting you under these terms of use.

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

(18) 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.

(19) 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.

(20) 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.

(21) 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 non-exclusive jurisdiction of the courts of England and Wales.

(22) Our details

The full name of our company is Everything Motorsport

You can contact us by email to info@everythingmotorsport.com