Terms & Conditions for use of the Peter Stockill Limited website

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE BY YOU IS ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS.

You may only use this website if you are resident in the United Kingdom and you accept these Conditions, including our Privacy Policy, which forms part of them.

Use of this website creates a legally binding agreement between:

Peter Stockill Limited (company number 3673210) of Saxon Way, Priory Park, Hull, East Yorkshire, HU13 9PB ("Stockill”, "We", "Us", "Our"); and

You, the user of Our Website ("You" or "Your").

1 DEFINITIONS

These words have the following meaning (where they have a capitalised first letter) in these terms and conditions:

"Conditions" means these terms and Conditions;

"Confidential Information" means all information relating to the affairs, business, service, product or plans of Us or You but not including information already lawfully known to the receiving or acquiring party, or information already in the public domain;

"Internet" refers to the global information system that is logically linked together by a globally unique address space based on the Internet Protocol ("IP") or its subsequent extensions or follow-ons, is able to support communications using the "Transmission Control Protocol" / IP suite or its subsequent extensions or follow-ons, and / or other IP-compatible protocols, and provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure;

"Links" mean hypertext, text, banner, logo and contextual links ("Image") which permit You to go from Our Website to another company's website or from another company's website to Our Website or any other website by clicking on the Image. "Linking Sites" mean any websites which contain Links to Our Website;

"Intellectual Property Rights" or "IPR" means all intellectual property rights, including but not limited to patents, copyright, circuit topography rights, registered designs and unregistered design rights, database rights (including rights of extraction), trade marks and service marks and any application or right to apply for registration of any such rights;

"Others" means any person, firm or company (other than Us) who advertises products and/or services through Links from Our Website;

"Our Forms" means the request submission forms which may be provided by Us for completion and submission to Us by You on Our Website from time to time;

"Our Website" means the entire content of the Website at www.stockill.com or any replacement or successor URL (but excluding any Linking Sites), including Our Forms;

"World Wide Web" is an Internet information browsing service based on hypertext documents with Links to still and motion images, audio, animation, and 3 dimensional images; and

"Your Information" means any information that We may collect from You or about You through Your use of Our Website.

2 LEGALLY BINDING CONDITIONS

2.1 Your use of Our Website may be subject to restrictions imposed by law. You must comply with these laws as it is not possible for Us to comply with them on Your behalf.

2.2 We may change these Conditions at any time by publishing a new version on Our Website. Your use of Our Website will from that point on be governed by the new version. If you do not wish to accept any new version of our Conditions then you should not continue to use Our Website. If you continue to use Our Website after the date on which the new version of our Conditions come into effect then your continued use of Our Website shall indicate your agreement to be bound by the new Conditions.

3 USE OF OUR WEBSITE BY YOU

3.1 We license You to use Our Website provided that:

(a) You have read and You understand and accept these Conditions, including our Privacy Policy, which forms part of them;

(b) You use Our Website for your own personal use only and in accordance with these Conditions; and

(c) You are resident in the European Economic Area.

3.2 You may not use, or permit the use by Others of, Our Website in any other circumstances.

3.3 Your licence to use Our Website extends only to your temporary use of any material downloaded from Our Website to a personal computer operated by You. The licence to download does not extend to incorporating the material downloaded into any other work or publication, whether in hardcopy or electronic or other form, or to disseminating or disclosing the downloaded material to others.

3.4 You may not use, distribute or copy any part of Our Website for any business or commercial purpose.

3.5 We may withdraw Your licence to use any part of it at any time for any reason.

3.6 We may alter or withdraw Our Website without notice at any time without incurring any liability to You or to any third party.

3.7 Our Website is designed to allow You to submit requests to Us for brochures, services and so on.

4 USING OUR FORMS

By accessing Our Website, you are making an offer to Us to use Our Forms in accordance with these Conditions. We do not have to accept your offer and may deny You access to Our Forms for any reason. We may change Our Forms at any time for any reason.

5 ACCESS TO OUR WEBSITE

We have no control over the World Wide Web and You agree therefore that We are not responsible for the operation or the level of performance of any Link, the Internet or the World Wide Web or for any telephone charges or other costs that you may incur in accessing and using Our Website.

6 INTELLECTUAL PROPERTY RIGHTS

6.1 You agree that the Intellectual Property Rights contained in Our Website and its contents are vested in Us or in our licensors. You may retrieve and display the contents of Our Website on a computer screen or print one copy of such content for your own personal non-commercial use only. However, you may not copy, download, distribute or publish the content otherwise than in accordance with these Terms and Conditions except with Our prior written consent.

6.2 Our Website is copyright Peter Stockill Limited 2002.

7 PRIVACY POLICY AND DATA PROTECTION

7.1 You consent to Our use, transfer and disclosure of Your Information in accordance with our Privacy Policy, which forms part of these Conditions, by using Our Website.

7.2 You must not disclose Our Confidential Information to any person.

7.3 To view our Privacy Policy, click here Privacy Policy or click the "Privacy Policy" link on our home page.

8 LIABILITY AND WARRANTIES

8.1 We accept no liability for Your use of Our Website other than as set out in these Terms and Conditions.

8.2 We do not have any control over any Linking Sites. All Linking Sites are separate and distinct from Our Website and we do not accept any liability in respect of Your use of any Linking Sites. Any content on any Linking Site is not Our responsibility and any representation on a Linking Site is not Our representation.

8.3 We do not in any way endorse:

(a) any website which may be linked to Our Website either as a Link or as any other hypertext link; or

(b) any products or promotions marketed by Others.

8.4 These Conditions form the entire agreement between Us and You in respect of your permission to use Our Website. We are not liable for any statement or representation that we make to You, even if You rely on it, unless We made the statement or representation fraudulently. In all other circumstances, and to the extent permitted by law, We will not be liable to you for damages arising from your use of Our Website.

8.5 Our Website is provided on an "as is" and "as available" basis. In particular, we make no warranties or representations to You:

(a) that any email we send to you will reach its destination or that it will be private and secure during Internet transmission;

(b) about the accuracy of any information we place on Our Website (you therefore agree that any colour appearing on it is not necessarily an accurate reproduction of the colour it purports to represent and that, because some non-UK motor vehicles are portrayed, you should verify with Us all the information given concerning any particular vehicle featured on Our Website before agreeing to make a purchase);

(c) in relation to products or services offered on Our Website whether by Us or on our behalf (including free software downloads) unless specified in separate terms and conditions in connection with particular products or services;

(d) about Our Website or Linking Sites; or

(e) as to the availability of Our Website,
and We exclude (to the fullest extent permitted by law) all implied terms, warranties and representations in connection with these Conditions.

8.6 We have no control over the compatibility of Our Website with any of your equipment, software or telecommunications links. Accordingly, You release Us, Our agents and employees from all liability (to the fullest extent permitted by law) arising out of or in connection with the compatibility of Our Website with any of your equipment, software or telecommunications links.

8.7 The limitations and exclusions on our liability described in this Clause 8 in the case of death or personal injury caused by Our negligence or in the case of Our fraud.

9 MISUSE

9.1 You must not use, or permit the use by any other person of Our Website:

(a) in any way which is defamatory, offensive, abusive, indecent, obscene or menacing;

(b) in any way which violates or infringes the rights of any person or organisation, including but not limited to, Intellectual Property Rights, rights of confidentiality and rights or privacy;

(c) in any way which is illegal or unlawful;

(d) to introduce a virus, trojan horse, worm, trap door, back door or other disruptive program or item whatsoever;

(e) in any way which is not authorised by Us or which is in breach of these Terms and Conditions;

(f) in any way which may cause Our Website or its functionality to be impaired or interrupted in any manner; or

(g) to create and/or publish a Link to any part of Our Website without Our prior written consent, or to attempt any unauthorised access to any part or component of the Website.

10 INDEMNITY

You agree to indemnify Us (subject to any restrictions imposed by law) from and against all costs, losses, claims, damages, expenses or proceedings suffered or incurred by Us arising out of or in connection with any breach of these Conditions by You and any breach by You of any law or legislation.

11 TERMINATION

We may terminate your licence to use Our Website at any time without notice for any reason. Any termination that occurs shall not affect any rights that had accrued to either You or Us prior to termination.

12 ASSIGNMENT

We may assign Our rights and obligations under these Conditions to any person. You may not assign any of your rights and obligations under these Conditions.

13 THIRD PARTY RIGHTS

This Agreement does not create any right or benefit enforceable by any third party within the meaning of the Contracts (Rights of Third Parties) Act 1999 except that any limitation or exclusion of liability in Our favour, and any indemnity given to Us under these Conditions, is a right or benefit of the Our officers, shareholders, employees, agents as if such limitation, exclusion or indemnity had been given directly by You to such third parties.

14 GENERAL

14.1 If a provision of these Conditions is judged to be illegal or unenforceable by a court or any other competent authority, the relevant provision will be deemed to be omitted. The remaining Conditions will continue in full force and effect.

14.2 Any delay by Us in enforcing Our rights against You does not affect our ability to enforce such rights. Any waiver by Us of any right against You, it is not a waiver of any other rights that we may have against you.

14.3 We shall not be responsible for any breach of these Conditions caused by circumstances that are beyond Our reasonable control.

14.4 Any notice to be given under these Conditions (unless otherwise specified) must be in writing in the English language and be delivered either personally, by registered post or by email to the other party. In the case of post, the notice will be deemed to have been received 10 working days after the date of posting.

14.5 You may send notices to Us in connection with these Conditions by post to:

Peter Stockill Limited
Saxon Way
Priory Park
Hull
East Yorkshire
HU13 9PB

14.6 This Agreement is governed by English law and We and You both submit to the exclusive jurisdiction of the English courts.