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Privacy Policy

Everything you need to know about our privacy policy
What's in these terms?

These terms tell you the rules for using our website www.bookmot.com. These terms should be considered in conjunction with our Terms and Conditions of Business which will be sent to you if you wish to engage our services.

1. Who we are
Who we are. Outlook UK Limited (company number 04086107) (we and us) is a company registered in England and Wales trading as Book MOT. Our VAT registration number is 760527826.

2. By using our site you accept these terms
2.1 By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

2.2 If you do not agree to these terms, you must not use our site.

2.3 We recommend that you print a copy of these terms for future reference.

3. We may make changes
3.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

3.2 We may update and change our site from time to time to reflect changes to our services, our users' needs and our business priorities.

4. We may suspend or withdraw our site
4.1 Our site is made available free of charge.

4.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

4.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

5. Our site is only for users in the UK
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

6. You must keep your account details safe
6.1 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. You must not disclose it to any third party.

6.2 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 reasonable opinion you have failed to comply with any of the provisions of these terms of use.

6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

7. How you may use material on our site
7.1 We are the owner or the licensee of all intellectual property rights in our 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.

7.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

7.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

7.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. Do not rely on information on this site
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

9. We are not responsible for websites we link to:
9.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

9.2 We have no control over the contents of those sites or resources.

10. User-generated content is not approved by us
10.1 This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

10.2 If you wish to complain about information and materials uploaded by other users please contact us.

11. Our responsibility for loss or damage suffered by you
11.1 Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or contractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you.
11.2 If you are a business user:
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site or
    • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue
    • business interruption
    • loss of anticipated savings
    • loss of business opportunity, goodwill or reputation
    • any indirect or consequential loss or damage.

11.3 If you are a consumer user

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • We provide no representation, warranty or guarantee, whether express or implied about the services provided by those businesses included on our website and confirm that in displaying the information of these business we have undertaken no checks to ascertain their suitability for the provision of MOT services.

12. How we may use your personal information
12.1 We respect your privacy and are committed to protecting your personal data. These terms will inform you as to how we collect and process your personal data through your use of this website, including any data you may provide to us through this website.

12.2 We are the controller and responsible for your personal data. If you have any questions about our privacy practices, please contact us.

12.3 You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

12.4 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

12.5 This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website,we encourage you to read the privacy policy of every website you visit.

12.6 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  1. Identity Data including names, titles, date of births, gender.
  2. Contact Data including your address, email address and telephone numbers.
  3. Transaction Data including details about the services provided to you, payments to and from you and other details of services you have purchased via us.
  4. Service Data including details about your MOT bookings and enquiries, and records of the bookings and enquiries you have made via our website.
  5. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

12.7 We will only collect data which you provide to us in connection with the services we provide and your use of the platform.

12.8 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  1. To provide services to you where you have asked us to.
  2. Where it is necessary for our legitimate interests (for example, to recover a debt due to us).
  3. Where we need to comply with a legal obligation.

12.9 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

12.10 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

12.11 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data,we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

12.12 Where you have signed up to our newsletter you can ‘opt out’ at any time by notifying us.

12.13 You also have the right to:

  1. Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
  5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in certain circumstances.
  6. (f) Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

13. Uploading content to our site
13.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

13.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

13.3 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

13.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

13.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

13.6 You are solely responsible for securing and backing up your content.

14. We are not responsible for viruses and you must not introduce them
14.1 We do not guarantee that our site will be secure or free from bugs or viruses.

14.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

14.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

15. Rules about linking to our site
15.1 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.

15.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15.3 You must not establish a link to our site in any website that is not owned by you.

15.4 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.

15.5 We reserve the right to withdraw linking permission without notice.

15.5 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

15.7 If you wish to link to or make any use of content on our site other than that set out above, please contact us.

16. Acceptable Use Policy
16.1 You may use our site only for lawful purposes. You may not use our site:

  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our standards. A contribution must be accurate (where it states facts); be genuinely held (where it states opinions); and comply with the law applicable in England and Wales and in any country from which it is posted. A contribution must not be defamatory of any person; be obscene, offensive, hateful or inflammatory; infringe any copyright, database right or trade mark of any other person; contain any advertising or promote any services or web links to other sites.
  4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  6. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.
  7. Not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

16.2 A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

17. Information about our use of Cookies
17.1 Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

17.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

17.3 Please note that third parties may also use cookies, over which we have no control.

17.4 You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

17.5 When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in the immediate, temporary or permanent withdrawal of your right to use our site and removal of any contribution uploaded by you to our site.

18. Which country's laws apply to any disputes?
These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).

  1. About us

Company details. Outlook UK Limited (company number 04086107) (we and us) is a company registered in England and Wales trading as Book MOT. Our VAT registration number is 760527826. We operate the website www.bookmot.com.

  1. Our contract with you

2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3 Language. These Terms and the Contract are made only in the English language.

2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.

  1. Placing an order and its acceptance

3.1 Registering your business. Please follow the onscreen prompts to register your business with us. You may only register using the method set out on the site. By registering your business with us this constitutes an offer by you to buy the Services provided by us subject to these Terms (Registration).Once you have submitted your Registration you will receive a verification email from us requesting that you confirm your email address. Once you have verified your email address you may proceed to input your business and account information.

3.2 Correcting input errors. Our registration process allows you to check and amend any errors both during the registration process and once the registration of your business has been completed by accessing your online account. Please routinely check the information submitted by you to us. You are responsible for ensuring that any information submitted by you is complete and accurate in all respects.

3.3 Accepting your Registration. Our acceptance of your Registration takes place when we send a validation email to you to confirm your successful registration with us and request that you validate your email address (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence.

3.4 If we cannot accept your Registration. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your Registration. If you have already paid for the Services, we will refund you the full amount.

3.5 Services in UK only: Unfortunately, we are unable to accept a request for Registration from addresses outside the UK.

3.6 Duration of the Contract: The Contract between us shall continue, unless terminated earlier in accordance with clause 6 (Cancellation) or clause 13 (Termination by Us), until the first anniversary of the Commencement Date.

3.7 Automatic renewal: Unless terminated earlier in accordance with clause 6 (Cancellation) or clause 13 (Termination by Us), on each anniversary of the Commencement Date this Contract shall automatically renew and continue for a further 12 month period without notice.

  1. Our services

4.1 (Services): We provide the services of an online registration-based search facility of MOT providers. Our site allows suppliers of MOT services to register themselves with us so that we may display their business information on our site to be searched by users of our site looking to book an MOT based upon that user’s geographic location. Suppliers of MOT services who register with us may also utilise our site’s account calendar services to manage their MOT bookings.

4.2 Search facility: We will use all reasonable endeavours to procure that your business details (as supplied by you to us) will be made available to users of our site for them to search against (Public Listing) within a reasonable period of the date of your Registration (Live Date). However, any such dates are estimates only and failure to achieve the Live Date within such period will not give you the right to terminate the Contract.

4.3 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.

4.4 Changes to our site. We reserve the right to amend the description of the Services and the site if required by any applicable statutory or regulatory requirements, and we will notify you in advance of any such event.

4.5 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.

4.6 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

  1. Your obligations

5.1 It is your responsibility to ensure that:

  1. you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
  2. the information you provide to us and which is entered onto our site is complete and accurate in all respects;
  3. you regularly maintain and update your calendar of availability on the site;
  4. you cooperate with us in all matters relating to the Services;
  5. you obtain and maintain all necessary licences, permissions and consents which may be required for the provider of MOT services before the date on which the Services are to start;
  6. you comply with all applicable laws, including health and safety laws including those applicable to the provider of MOT services; and
  7. you actively engage with users of the site who contact you via our site and you provide a good level of customer service to them.

5.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1 (Your Default):

  1. we will be entitled to suspend performance of the Services and remove your Public Listing until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 13 (Termination);
  2. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
  3. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  1. Cancelling the Contract

6.1 You may cancel the Contract if you notify us as set out in clause 6.2. We require 14 days' notice for the cancellation of the annual retainer.

6.2 To cancel the Contract, you must email us in the comments box of the ‘Support’ section of your account to let us know that you wish to cancel your contract with us. We will email you to confirm we have received your cancellation.

6.3 If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.

6.4 Please note that if you wish to cancel the Contract no refund will be made to you in respect of our Charges.

  1. Charges

7.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 6.

7.2 The Charges are the prices notified to you from time to time.

7.3 We take all reasonable care to ensure that the prices stated for the Services notified to you from time to time are correct at the time when the relevant information was provided to you.

7.4 We reserve the right to increase the Charges on an annual basis with effect from each anniversary of the Commencement Date which will be notified to you within a reasonable period prior to each anniversary.

7.5 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.

  1. How to pay

8.1 Payment for the Services is due annually in advance of each anniversary of the Commencement Date.

8.2 You can pay for the Services using BACS transfer to the account information notified to you in our electronic invoice.

8.3 We will send you an electronic invoice within seven days of each anniversary of the Commencement Date. For any failed or cancelled payments, a £20 administration fee will be levied.

8.4 If you fail to make a payment under the Contract within 10 days of the due date, then, without limiting our remedies under clause 13 (Termination), your Public Listing will be immediately deactivated and you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.4 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%. We may also, at our discretion, require that you pay an additional fixed fee (which will be notified to you) on account in respect of our reasonable administrative charges incurred as a result of your failure to pay our Charges by the due date.

8.5 All amounts due under the Contract must be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

  1. Complaints

If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy [LINK TO POLICY].

  1. Intellectual property rights

All intellectual property rights in or arising out of or in connection with the Services will be owned by us.

  1. How we may use your personal information

11.1 We will use any personal information you provide to us to:

  1. provide the Services;
  2. provide to users of our site; and
  3. process your payment for the Services.

11.2 Further details of how we will process personal information are set out in [LINK TO PRIVACY POLICY].

  1. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

12.1 We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £[AMOUNT] per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.

12.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

  1. death or personal injury caused by negligence;
  2. fraud or fraudulent misrepresentation; and
  3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

12.3 Subject to clause 12.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

12.4 Subject to clause 12.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited the total Charges paid under the Contract in any 12 month period.

  1. loss of profits;
  2. loss of sales or business;
  3. loss of agreements or contracts;
  4. loss of anticipated savings;
  5. any interruption of service;
  6. loss of use or corruption of software, data or information;
  7. loss of or damage to goodwill; and
  8. any indirect or consequential loss.

12.5 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become aware of the event having occurred and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

12.6 Nothing in these Terms limits or affects the exclusions and limitations set out in our site terms and conditions: [LINK TO WEBSITE TERMS AND CONDITIONS OF USE].

12.7 This clause 12 will survive termination of the Contract.

  1. Termination by Us

13.1 Without limiting any of our other rights, we may suspend the performance of the Services, immediately deactivate your Public Listing, and/or terminate the Contract with immediate effect if:

  1. you commit a breach of any term of the Contract and (if such breach is remediable) fails to remedy that breach within 14 days of you being notified to do so;
  2. a complaint is made against you by a user of our site which is not remedied by you to our satisfaction within 14 days of you being notified of the same;
  3. you fail to pay any amount due under the Contract on the due date for payment;
  4. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
  5. you suspend, threaten to suspend, ceases or threatens to cease to carry on all or a substantial part of your business; or
  6. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

13.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.

13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

  1. Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under the Contract will be suspended for the duration of the Event Outside Our Control.
  1. Communications between us

15.1 When we refer to "in writing" in these Terms, this includes email.

15.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

15.3 A notice or other communication is deemed to have been received:

  1. if delivered personally, on the signature of a delivery receipt or at the time the notice is left at the proper address;
  2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
  3. if sent by email, at 9.00 am the next working day after transmission.

15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

  1. General

16.1 Assignment and transfer.

  1. We may assign or transfer our rights and obligations under the Contract to another entity.
  2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

16.7 Company details. Our registered office is at Unit 3 10 Rodney Road Southsea Portsmouth Hampshire PO4 8SY.

16.8 Contacting us. To contact us please write to Unit 3 10 Rodney Road Southsea Portsmouth Hampshire PO4 8SY.