Terms and Conditions
1. Website Terms and Conditions
1.1 These general Terms and Conditions set out your rights and obligations, and those of Mediafleet Ltd (as defined below) in relation to this website and its Content (as defined below). Please refer to Our Privacy Policy describing use of your personal information.
1.2 These Terms and Conditions apply to all products purchased through this website. We reserve the right to reject any orders.
1.3 Any Additional Terms and Conditions, which may or may not amend the existing Terms and Conditions, (’Additional Terms and Conditions’) will be given to you separately either before or during the Mediafleet Ltd (Motamedia) order confirmation process and may be amended from time to time (see 3. below).
1.4 These Terms and Conditions, the Mediafleet Ltd (Motamedia) Order Quotation System and any Additional Terms and Conditions will make up Your Agreement (’Agreement’) with us. The terms may change from time to time (see 3 below). Any perceived agreement between you and us that is not in writing will not be part of such Agreement.
1.5 You agree to these terms and conditions every time you access any part of the Site or make use of any of the Content.
2. Information About Us
www.motamedia.co.uk is a site operated by Mediafleet Ltd ("We"). We are registered in England and Wales under company number 4953861 and have our registered office at 311 Ballards Lane, London. N12 8LY. Our VAT number is 855 8094 87. We are a limited company.
3. Meanings
3.1 Certain words used have the meanings given below:
(a) ‘Content’ includes, but is not limited to, all text, graphics and images that appear on the Site, and the design, look and feel of the Site itself.
(b) ‘Intellectual Property Rights’ means: -
(i) rights in inventions, patents, registered designs, design rights, know-how, trade marks and service marks (whether registered or not);
(ii) any trade, brand or business names and any distinctive sounds used to differentiate the goods and services of a business;
(iii) utility models;
(iv) copyright (including all such rights in computer software and databases);
(v) moral rights;
(vi) any rights or forms of protection of a similar nature to any of the above and having equivalent or similar effects to any of them, and (vii) all or any other intellectual or industrial property rights whether or not registered or capable or registration in each case whether subsisting now or in the future in any part of the world and including all applications and rights to apply for any of such rights together with all or any goodwill relating to such rights.
(c) ‘Mediafleet’ means Mediafleet Ltd, Horseleys Farm, Tidmington, Shipston-on-Stour, Warwickshire CV36 5LP
(d) ‘Motamedia’ means the Mediafleet Ltd group of companies, which is named in the Agreement or the relevant part of the Site.
(e) ‘Mediafleet Ltd Content’ means the material on the Site controlled by Mediafleet Ltd.
(f) ’Mediafleet Ltd’ means Mediafleet Ltd and any company or legal entity controlling, controlled by, or under common control of Mediafleet Ltd.
(g) ‘Our’ means Mediafleet Ltd.
(h) ’Personal Information’ means the information that you provide in order for Mediafleet Ltd to provide you with a quotation or manage your orders. You may request a change to your personal information by contacting our customer services department on +44 (0)1608 664931
(i) ’Site’ means this website.
(j) ‘Third Party Content’ means the material on the Site or accessed through the Site that is controlled by parties other than Mediafleet Ltd.
(k) ‘Us’ means Mediafleet Ltd.
(l) ‘We’ means Mediafleet Ltd.
(m) ‘You’ and ‘Your’ means the person or company or accessing the Site.
4. Changes to these Terms and Conditions and to Additional Terms and Conditions
We may change these Terms and Conditions and any Additional Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions in case there are any changes. If you access and use the Site after we have made a change to these Terms and Conditions you shall be treated as having accepted the change.
5. Accuracy of Content
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
6. Third Party Content, ‘Partners’ and Links from the Site
6.1 We are not responsible for the content of third party sites linked to the Site or for Third Party Content. They are independent of us, and their content is not endorsed or approved by us, even where the third party in question is stated to be a ’partner’ of Mediafleet Ltd. 6.2In entering any agreement to which Mediafleet Ltd is not a party, You accept that Mediafleet Ltd has no liability whatsoever. 6.3You should check with us if you are in any doubt as to the status of any Content by contacting our customer services department on +44 (0)1608 664931.
7. Contact Between Us
7.1 You are responsible for ensuring that your instructions (including all the details we may require to carry out your instructions) and any information you give to us are accurate and complete. We shall not be liable for any loss or damage you suffer if they are in any way inaccurate or incomplete and our records will be conclusive evidence of your instructions unless we agree otherwise. We may at our absolute discretion refuse to carry out any instruction or reverse any action taken by us in response to any instruction. 7.2To contact us please refer to the contact details given on the Site or in the relevant Additional Terms and Conditions. There may be different addresses and telephone numbers for different purposes.
8. Privacy Policy and Use of Your Personal Information
8.1 Information gathered from your use of the Site
(a) Your use of the Site gives us your consent to the use of Personal Information as set out below. In some circumstances, more specific consent is required from you and these matters will be clearly raised in any registration process.
(b) We gather the following anonymous information in aggregate form: browser type (eg Internet Explorer, Netscape Navigator), operating system (eg Windows, MacOS, Linux), IP address, and internet domain (eg Demon, AOL).
(c) If your computer allows us to, we shall use ’cookies’ to store certain types of information each time you interact with us. Cookies enable our system to recognise your computer and allow us to see how you use the Site. This may include tracking the areas of the Site you visit to see what interests you in particular, and which third party sites you access before and after.
(d) Personal Information will be stored by us and may be used by us:
(i) to enable us to develop, improve and market our products and services to you and our other customers / members;
(ii) for market research and statistical analysis; and
(iii)for general business purposes and as otherwise permitted by law or regulation.
(iv)We may analyse and assess your Personal Information to enable us to:
(1) understand more about you; and
(2) design, select and offer products and services that we consider may be of interest to you.
8.2 Sharing and international transfer of information We shall not provide any of the Personal Information you give to us to any third party. We shall retain Your Personal Information within the European Economic Area, and will not transfer it to any other country, except with your express consent. 8.3 We shall need your specific consent for disclosure of certain types of information about you or to you. 8.4You will be entitled, on payment of a fee, to a copy of the details and Personal Information we hold about you by writing to Mediafleet Ltd, Horseleys Farm, Tidmington, Shipston-on-Stour, Warwickshire CV36 5LP 8.5Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
9. Intellectual Property
9.1 Our Site and the Intellectual Property Rights of Mediafleet Ltd Content are owned by or licensed to us.
9.2 Certain names, words, images or logos identifying us and the products and services featured in the Site are the trade marks of Mediafleet Ltd. Certain other names, words, images or logos may constitute trade names or unregistered trade marks of Mediafleet Ltd.
9.3 The names and logos of third parties mentioned in the Site or in the Third Party Contents may be the trade marks, trade names or unregistered trade marks of those third parties and in the Mediafleet Ltd Contents they are used with the permission of such organisations. In the event that you own Intellectual Property that appears on the Site without your written consent please notify us by writing to Mediafleet Ltd Horseleys Farm, Tidmington, Shipston-on-Stour, Warwickshire CV36 5LP United Kingdom.
9.4 You may view, print, download or store temporarily extracts from the Site for your own personal reference or for the purpose of applying to us to access or use the products and services featured on the Site. No other use (including, without limitation, the alteration, deletion, utilisation or extraction) of the content and materials featured on the Site is permitted without our written permission. Otherwise than as provided, the Site cannot, whether in whole or as to any part, be copied, reproduced, distributed or transmitted in any medium (including, without limitation, by the internet) without our written permission.
9.5 Where downloads of third party software are made available on the Site, they are owned by the third party licensor in question, and will be subject to any terms and conditions applied by the relevant third party.
9.6 The Site may contain proprietary notices (such as moral rights and trade mark notices) and copyright information, the terms of which must be observed.
10. Linking to the Site
10.1 You must not link to the Site for commercial purposes without our written agreement.
10.2 Once the relevant consent is granted you may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
11. Access to Mediafleet Ltd Internet based Services and Products
11.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, 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 of use.
11.2 ‘Equipment’ means all such compatible equipment, software and communications lines (including any public communication lines) required by you to properly access the Site.
11.3 You are responsible for obtaining and maintaining your Equipment and for ensuring that it is compatible with the Site. We have no responsibility or liability with respect to Your Equipment.
11.4 We may change the minimum specification required to access the Site at any time. We shall notify you of such a change by placing a general message on the Site or through amendment of these Terms and Conditions. We shall not be liable to you if any such change in specification results in Your Equipment becoming incompatible with the Site or becoming unable to perform, within the Site, all of the functions previously performed.
11.5 You will be responsible for the cost of all charges you incur in accessing and using the Site.
11.6 We cannot guarantee the speed with which you will be able to access and use the Site (as it will depend upon factors such as the specification of Your Equipment and the number of people using the Site) or that you will have uninterrupted or continuous access to the Site.
11.7 You must not:
(a) introduce or attempt to introduce any virus or any other contaminant to the Site or any of our computer systems;
(b) in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Site or any of our computer systems;
(c) interfere with the use of another person’s access to or use of the Site;
(d) obtain access to information relating to another person which is on our computer system;
(e) use or attempt to use the Site or any of Our computer systems for any unlawful or immoral purpose.
11.8 We may suspend or terminate your access and use (in whole or in part) of the Site at any time with or without notice.
11.9 You are responsible for getting an appropriate connection with a telecommunications provider in order to access the Site.
11.10 We shall control, direct and establish technical procedures for using the Site (and we may vary them from time to time). You must follow our instructions and adhere to our procedures as given on the Site when using any Mediafleet web-based service.
11.11 You must ensure that any material and / or information downloaded or otherwise obtained through the use of the Site is at your own discretion and that you will be responsible for any damage to Your Equipment or loss of data that results from the download of such material and / or data.
11.12 We shall use reasonable endeavours to keep the Site free from viruses and corrupt files but we do not warrant that the Site is free from infection by viruses or anything else with contaminating or destructive properties. We recommend that you ‘virus check’ all information sent to you by us. We shall not be liable for any corrupt information sent to you by us or for any corrupt information you send to us.
12. Complaints
12.1 If you have a complaint about the Site please contact us.
12.2 If you have a complaint about the Agreement please contact us by writing to Mediafleet Ltd, Horseleys Farm, Tidmington, Shipston-on-Stour, Warwickshire CV36 5LP
13. Liability
13.1 Us to You
(a) We shall not be liable to you for any loss or damage (other than that which cannot by law be excluded) you may suffer (irrespective of whether it arises due to our failure, error or delay) as a result of:
(i) Our having acted upon your instruction or following receipt of any information from you;
(ii) Any misuse or abuse of the Site by you or anyone else;
(iii) Your Personal Information having been disclosed to someone else (other than due to our having so disclosed it);
(iv) Our being unavailable for whatever reason.
(b) We shall not be liable to you in any circumstances for any loss or damage (other than that which cannot by law be excluded) that:
(i) is not direct;
(ii) is beyond our reasonable control; or
(iii) we could not reasonably foresee.
(c) Any liability we may have to you will be limited to the actual amount of any loss or damage you incur or suffer.
(d) We regularly update the Site. However, we do not warrant that the content of the Site or the products and services featured are available (either as featured or at all). The content of and the products and services featured in the Site are subject to change at any time without notice.
(e) We do not seek to exclude or restrict liability for death or personal injury resulting from our negligence.
13.2 You to Us
(a) You will be liable to us for (and agree to indemnify Us against) all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings we directly or indirectly incur or which are brought against us if you have:
(i) acted fraudulently;
(ii) been negligent;
(iii) misused or abused the Site;
(iv) breached Your Agreement with Us.
(b)You will be liable for any loss even if the instructions were not given by you except:
(i) in the case of a fraud to which you were not a party (unless you have failed to make any required notification);
(ii) if you are able to prove a relevant failing on our part; or
(iii) We have acted in error.
14. Generally
14.1 We shall not be liable for any errors or delay or failure if this is due to anything beyond our control; for example: (a)industrial action; (b)fire, flood, explosion, act of God, governmental act; (c)the failure, directly or indirectly of any power supply, machine, data processing system, data transmission link, or telephone link;
14.2 Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
14.3 If we do not enforce any of the rights we have under this Agreement, or if we delay in enforcing them, that does not prevent us from taking any action to enforce our rights in the future.
14.4 Upon termination of Your Agreement these Terms and Conditions and Additional Terms and Conditions that are capable of continuing to apply will do so.
14.5 The Terms and Conditions will be governed by, and construed in accordance with, the laws of England and the Courts of England which will have exclusive jurisdiction over any disputes arising from the Site.
15. Jurisdiction And Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
