Terms of Service
Automotive Innovations (St Albans) Limited t/a Mentor Systems (company registration number 06484112) whose registered office address is Pennine Way, Redbourn Road, Hemel Hempstead, Hertfordshire, HP2 7AZ ("Automotive Innovations") Head office 16 St Albans Road, Watford, Hertfordshire, WD17 1UN. Mentor Systems ("we", "our" or "us") provides various websites, apps and social networks (the "Apps"), and offers certain other features or content from time to time (collectively, "Additional Features") (the Site, Apps, and Additional Features shall hereinafter sometimes be collectively referred to as the "Services").
In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions, and such additional terms are hereby incorporated into this Agreement by this reference, but such additional terms and conditions shall control solely for the applicable Service.
We may modify this Agreement from time to time and such modifications shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
1. Copyright Licence / Trademarks
1.1 All Website content is protected by copyright of Automotive Innovations or other owner.
1.2 Subject to this clause 1 and the other obligations upon you contained in these Terms, Automotive Innovations grants and you accept a non-exclusive, non-transferable licence to access and use the Website for the purpose of your own personal use and/ or your own internal business purposes.
1.3 You agree to fully indemnify and to hold Automotive Innovations indemnified from and against any claim brought by a third party resulting from your use of the Website and in respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by Automotive Innovations in consequence of any breach or non-observance of these Terms.
1.4 By uploading, emailing, posting, publishing or otherwise transmitting content to the Website or submitting any content to Automotive Innovations, you automatically grant (or warrant that the owner of such rights has expressly granted) Automotive Innovations a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
1.5 The trademarks, logos, and service marks ("Marks") displayed on this Website are the property of Automotive Innovations or other third parties. You are not permitted to use the Marks without the prior written consent of Automotive Innovations or such third party which may own the Marks.
1.6 Automotive Innovations reserves the right to revoke your license to use this Website at any time, and any such use shall be discontinued immediately upon written notice from Automotive Innovations.
2. Restrictions Upon Copying
2.1 You may copy Website content to a local hard disk and print extracts of Website content for your own personal use and/ or your own internal business purposes (as appropriate).
2.2 The supply of any copy of Website content to a third party is not permitted and you agree that you will not supply any Website content to any third party.
2.3 Copying of Website content is permitted only in accordance with these Terms. You may not otherwise copy, reproduce, distribute, edit or amend Website content or otherwise incorporate Website content into any other publication or work in any form of media. Any request to copy Website content outside the scope of the licence granted in these Terms should be emailed to firstname.lastname@example.org Automotive Innovations reserves its right to refuse to grant any such request.
3. Information Service Provision
3.1 Automotive Innovations reserves the right at its discretion to refuse at any time without notice to:
3.1.1 accept any registration; or
3.1.2 provide access to the Website.
3.2 The Website is intended normally to be available [24 hours a day and 7 days a week]. Automotive Innovations will not be liable for any failure to achieve this level of availability.
3.3 The Website may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair and for other reasons beyond the control of Automotive Innovations.
3.4 You agree that Automotive Innovations may, in its sole discretion, at any time terminate your access to the Website and any account(s) you may have in connection with the Website.
4. Obligations and Restrictions
4.1 You will operate, at your own expense, a terminal or personal computer system, modem, telephone access and communication software and any other facilities required for accessing the Website. Automotive Innovations will not be liable for any loss or damage howsoever arising resulting from any acts or omissions of you or of any service provider or other person through whom you may access the Website.
4.2 Automotive Innovations will make all reasonable attempts to exclude viruses (and similar destructive devices) from the Website but cannot guarantee the exclusion of viruses (and similar destructive devices) and you should, therefore, take appropriate steps in respect of this risk.
4.3 You will keep confidential any password(s) or username(s) allocated to you and agree not to disclose any such password(s) or username(s) to any third party. You are fully responsible for all activities that occur under your password(s). You agree to notify Automotive Innovations immediately of any unauthorised use of your password(s).
4.4 Your use of and activities upon the Website must not:
4.4.1 be false, inaccurate or misleading;
4.4.2 be offensive or menacing, abusive or defamatory;
4.4.3 infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4.4.4 be fraudulent;
4.4.5 be in breach of any applicable laws or regulations, licences or third party rights;
4.4.6 be obscene, indecent or contain child pornography;
4.4.7 constitute unsolicited bulk e-mail, "junk mail", "spam" or chain letters;
4.4.8 cause Automotive Innovations to lose (in whole or in part) the services of any partner, internet service provider or other supplier;
4.4.9 interfere in any way with the proper working of the Website and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the Website or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the Data Protection Act 1998;
4.4.10 cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
4.5 You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter.
4.6 You agree not to solicit other users of the Website to use or join or become members of any commercial online or offline service or other organisation.
4.7 Except where expressly authorised by Automotive Innovations, you agree not to collect or store personal data about other users.
5. Updating Website Information
5.1 Website information (including without limitation database information, these Terms and the Automotive Innovations Data Protection Statement) may be updated at any time and you are required to read the current information each time you access the Website.
6.1 Website information is provided for general information purposes only and does not constitute bespoke advice that is suitable for any individual or organisation. Although the information is considered to be accurate at the time of publication, and is reviewed periodically, you are responsible for checking the accuracy of information before taking or refraining from any action based upon it.
6.2 Automotive Innovations makes no warranties, representations or undertakings about any Website content (including, without limitation, as to its quality, accuracy, completeness or fitness for any particular purpose) or any content of any other website linked to it.
6.3 In no event shall Automotive Innovations or its suppliers or partners be liable for any direct, indirect, special, incidental or consequential damages including, without limitation, loss profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Website or any Automotive Innovations services, damages resulting from use of or reliance on the information presented on this Website, whether based on warranty, contract, tort or any other legal grounds even if Automotive Innovations or its suppliers have been advised of the possibility of such damages.
7.1 No links to this Website may be used without Automotive Innovations' written permission. If you wish to provide a link to the Website please email your request to email@example.com with full details.
7.2 Automotive Innovations reserves all rights in respect of links including without limitation the right to determine the size and positioning of the link and that any link is to the Website homepage.
7.3 Links from the Website are provided for your convenience only and do not represent Automotive Innovations' endorsement of or affiliation with the linked Website. You access any such links entirely at your risk.
8. Limitation of Offer
8.1 Automotive Innovations makes no offer to supply any goods and/ or services through the Website.
8.2 Any request for goods or services made by you is subject to express acceptance by Automotive Innovations in accordance with applicable terms.
9.1 As email is insecure, Automotive Innovations does not warrant, guarantee or undertake that any message sent to or from you will be secure or will not be intercepted and read.
10. Data Protection
10.1 Information provided to Automotive Innovations is used in accordance with applicable data protection legislation and the Automotive Innovations' Data Protection Statement.
11. ONLINE CONDUCT
You, as a user, agree to use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:
11.1 Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
11.2 Promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
11.3 Using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards;
11.4 Attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
11.5 Using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services, and taking advantage of cheats or exploits;
11.6 Using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);
11.7 Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
11.8 Attempting to impersonate another user or person;
11.9 Soliciting personal information from anyone under 18;
11.10 Collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
11.11 Using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
11.12 Using any information obtained from the Services in order to harass, abuse, or harm another person;
11.13 Using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
11.14 Using the Services in a manner inconsistent with any and all applicable laws and regulations, including U.S. export and re-export control laws and regulations;
11.15 Sublicense, rent, lease, sell, trade, gift, bequeath or other transfer of your account or any Virtual Items associated with your account to anyone;
11.16 Access or use of a third-party account or any Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator;
11.17 Using multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate or "farm" Virtual Items;
11.18 Using the Services in a commercial manner, including the transferring of Virtual Items in exchange for "real-world" money. You will immediately be banned from the Services if you are found to be participating in any one of these activities. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.
12.1 Automotive Innovations, its affiliates and agents are entitled, but not obliged, to review or retain your communications while you are visiting the Website. Automotive Innovations may monitor your communications to evaluate the quality of service you receive, the security of the service, or for other reasons. You agree that Automotive Innovations' monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Automotive Innovations monitors your communications. In no event will Automotive Innovations be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of Automotive Innovations' monitoring activities.
13. Entire Agreement
13.1 These Terms:
13.1.1 represent the whole agreement and understanding between Automotive Innovations and you in respect of the matters referred to herein; and
13.1.2 shall, except in the case of fraud, override and no reliance shall be placed upon any other verbal or written representations, warranties or understandings in respect of the subject matter of these Terms.
13.2 The remedies available to you are exclusively those available under these Terms.
13.3 You acknowledge that by using the Website or app you have expressly agreed the provisions of this clause 13.
14.1 Automotive Innovations reserves the right to vary these Terms from time to time and you accept the varied Terms if you continue to use the Website after variation.
14.2 If any provision of these Terms is held to be void or unenforceable in whole or in part, the Terms shall continue to be valid as to all other provisions and the remainder of the affected provision.
14.3 The Website services are provided from England, irrespective of your location.
14.4 None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not a user of this Website.
15. Applicable Law
15.1 These Terms shall be governed by and construed in accordance with English law and each party to these Terms submits to the exclusive jurisdiction of the English courts.
For general enquiries or if you experience problems with the Website or have any comments please email firstname.lastname@example.org.
Find out more about Mentor Systems
Mentor Systems specialise in software for the automotive industry, providing vehicle dealers with cost effective Contact Management and DMS software solutions. With over 10 years of experience and supported by manufacturers and industry specialists, we provide a complete package to help you run and manage your dealership.
Mentor Systems, Landmark, Meridien House, 69 - 71 Clarendon Road, Watford, Hertfordshire, WD17 1DS, United Kingdom