The Legal Bit
Terms & Conditions
COMPETITION TERMS AND CONDITIONS
This document sets out the terms and conditions that govern the draw to win a Prize as defined below (the Competition) run by I4imagineering Limited trading as “Vintage and Classic” being a company incorporated in England and Wales with Company number 10913228 and registered office address at 82 St. Andrews Road, Shoeburyness, United Kingdom, SS3 9JJ (the Promoter, we, us, our). By submitting an entry for the Competition, you agree to be bound to these terms and conditions.
1 APPLICABILITY
(a) The Promoter may offer or run various Competitions from time to time.
(b) These terms and conditions apply to all Competitions run by the Promoter on https://vintageandclassicuk.com (Website) together with the Competition Details (as defined below).
(c) Information on how to enter the Competition and details of any Prizes shall be set out on the Website and form part of these conditions (Competition Details).
2 COMPETITION PERIOD
The start and end date for each Competition (together the Competition Period) shall be set out in the Competition Details.
3 ELIGIBLE ENTRANTS
(a) To enter a Competition, you must:
(i) Create an Account on the Website; and
(ii) Submit a Valid Entry as set out in clause 4(b); and
(iii) Correctly answer a question or solve a problem set by the Promoter (Competition Question) if there is one for the applicable Competition. Details of the Competition Question will be set out in the Competition Details.
(b) Each person who complies with clause 3(a) above will be an ‘Eligible Entrant’ for the purposes of these terms and conditions (Eligible Entrant).
(c) Subject to clause 3(d), entry is open to any person that:
(i) is residing in the United Kingdom; and
(ii) is 18 years of age or over.
(d) Entry into the Competition is not open to:
(i) Employees of the Promoter;
(ii) employees of agents or suppliers of the Promoter, who are professionally connected with the competition or its administration; or
(iii) members of the immediate families or households of (i) and (ii) above.
4 SUBMITTING AN ENTRY
(a) All entries must be in English and must be received prior to the closing of the relevant Competition Period, and all entries via the Free Entry Route must be received at least 1 Business Day prior to the closing of the relevant Competition Period.
(b) Our Competitions have both a free and paid entry route. To submit a “Valid Entry” must either:
(i) Paid Entry Route: Submit your entry using the functionality the Website, answer the Competition Question (if applicable) and pay the applicable entry fee as set out in the Competition Details (Entry Fee); or
(ii) Free Entry Route: It is your responsibility to create your Account in accordance with clause 3(a)(i) before sending your postal entry. Submit your entry by first or second class post to the Promoter at the following address: Unit 17, Terminal Close, Shoeburyness, Essex SS3 9BN (Promoter Address) with the following information:
(A) the name or details of the Competition you wish to enter;
(B) your full name;
(C) your residential address;
(D) a contact telephone number and email address (which must be the same email address used to create your Account); and
(E) your answer to the Competition Question (if applicable).
(iii) If your Account was not created prior to us receiving your Free Entry Route entry, or the details provided under clause 4(b)(ii) do not match the details held on your Account, we will not be able to match your entry to an Account and no entry ticket will be issued.
(c) Once the Eligible Entrant has submitted a Valid Entry in accordance with clause 4(b) the entry will be taken to have been officially accepted by the Promoter as a valid entry. Once an entry has been accepted, no changes to or withdrawal of the entry will be permitted.
(d) The use of script, macro or any automated system to enter the Competition is prohibited and entries made (or which appear to have been made) using any such system may be treated as void. Any illegible, incomplete or fraudulent entries will be rejected.
(e) We reserve the right to set a maximum number of entries which may be submitted to the Competition (Maximum Entries). Where we set Maximum Entries, this will be stated in the Competition Details. If the number of Valid Entries received by the Promoter reaches the Maximum Entries, any subsequent Valid Entries you submit may be excluded.
(f) Subject to clauses 4(e) and 4(f), Eligible Entrants may submit as many Valid Entries as they wish during the Competition Period.
(g) We reserve the right to reject any entries which do not comply with these terms, including excluding any entries by entrants who have not complied with these terms. We are not responsible for any entries which are not Valid Entries or which are disqualified, lost or delayed (including as a result of any errors in the Website of any kind).
(h) In respect of free entries only:
(i) Multiple Free Postal Entries may be sent by the same person, provided each is submitted in a separate card or envelope; each separate postal entry received will be counted as one entry ticket.
(ii) Bulk free entries (being multiple Valid Entries received together, for example within the same envelope or posted entry) shall be treated as a single entry.
(iii) Please note that whilst the free entry route is at no additional cost to you to enter, you will be responsible for payment of the postage (at ordinary first or second class rates) to the Promoter Address. Hand delivered entries will not be accepted.
5 PAYMENT PROVIDERS
(a) We may use third-party payment providers (Payment Providers) to collect payments on our Website, including but not limited to any entry fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(b) The terms and conditions of our Online Payment Partner shall apply to you in addition to this agreement, and are available here:
(i) PayPal terms: https://www.paypal.com/uk/legalhub/paypal/useragreement-full
(ii) Cashflows terms: https://www.cashflows.com/legal/uk-customer-terms-and-conditions
6 ACCOUNTS
(a) You must open an account on our Website (Account) prior to the expiry of the relevant Competition Period to be an Eligible Entrant, save that if you are entering via the Free Entry Route, you must open your Account before you submit your postal entry.
(b) One Account per Eligible Entrant.
(c) You warrant that any information you give to the Promoter in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) The Promoter may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
7 DRAW
(a) The Competition will be run for the Competition Period, and a draw will be run on or after the End Date, where via completely random means, one of the Eligible Entrants will be selected as the winner (Winner). Draws will ordinarily be conducted live and broadcast and available for public viewing on Facebook and YouTube (Live Draw), save that, as set out in clause (b), some draws will instead be conducted automatically.
(b) Some Competitions will be drawn automatically rather than by way of a Live Draw. Where a Competition is to be drawn automatically, this will be indicated on the Website. The Winner of an automated draw will be published automatically on the Website.
(c) The Winner will be notified via email to the email address in the Winner’s Account (Notification).
(d) The Promoter will confirm that the draw took place and a Winner was determined by either:
(i) Publishing the surname and county of the Winner(s) on the ‘Winners’ page on the Website; or
(ii) Confirming the details of the Winners to any person who requests the name of the Winners within 1 month after the end of the Competition Period in writing to the Promoter’s Address (enclosing a self-addressed envelope).
8 PRIZE
(a) The prize that will be given to the Winner of a Competition is as set out in the Competition details from time to time (Prize).
(b) Entrants are responsible for conducting their own due diligence (at their own cost) on the Prize prior to submitting an entry into the Competition.
(c) Delivery of Prizes, if included, shall only be included to locations within mainland UK. If a Winner is located outside of the mainland UK (for example, in Northern Ireland), they will be responsible for shipping (at standard rates) to their location.
(d) We may specify that a Prize is for collection only, and the Winner must collect the Prize in person (or arrange collection by an authorised representative) at their own expense.
(e) The Winner may be required to submit valid identification before receiving their Prize.
(f) The Winner will receive their Prize within one month of their delivery address being confirmed by response to our email Notification.
(g) For digital Prizes, we will send the Prize to the email address of the Winner’s Account. There may be expiry dates for digital Prizes, which the Winner must comply with. The Winner must familiarise themselves with any additional terms and conditions applicable to the Prize as notified to the Winner by the Promoter.
(h) All taxes and local government fees (excluding VAT) that may be payable as a consequence of receiving the Prize are the sole responsibility of the Winner.
(i) The Prize is as stated and is non-exchangeable, non-transferable and is not redeemable for cash or credit under any circumstances, except where agreed in writing by the Promoter.
(j) Where a Prize is a cash prize or is redeemable for cash (Cash Prize) the Cash Prize will be paid in British Pounds (GBP) directly to the Winner’s nominated bank account (provided such account is with a UK bank). The Winner is solely responsible for paying any fees and/or taxes in respect of receiving the Cash Prize. In the event that the Promoter is required to deduct, withhold or pay any taxes to HMRC in respect of a Cash Prize payable to the Winner, the Winner agrees and authorises the Promoter to do so.
(k) The Promoter does not accept any responsibility and is not liable to pay any compensation if you are unable to or do not take up the Prize, nor if the Winner provides incorrect, incomplete or invalid bank account details resulting in a Cash Prize being paid to the wrong recipient, delayed, or unable to be paid.
(l) The Winner must follow all safety warnings and instructions for use of the Prize.
(m) The Promoter is not liable for any loss or damage (even if caused by negligence) as a result of any winner accepting and/or using the Prize, except for any liability which cannot be excluded by law.
(n) Eligible Entrants acknowledge that the Promoter makes no promise or guarantee regarding the suitability of the Prize. If the Winner has an issue or complaint with any organisation associated with the Prize, the Promoter is not responsible for resolving the issue (though they may choose to do so).
(o) In the event that any part of the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may, at its absolute discretion, substitute the Prize (or the relevant part of the Prize) with a prize of equal or greater value.
(p) The Prize is provided on an "as is" basis. The Promoter does not give any warranty or guarantee as to the condition, quality, fitness for purpose, roadworthiness or performance of the Prize, and all descriptions, images and details of the Prize are provided for information only. Entrants are responsible for satisfying themselves as to the condition of the Prize prior to entry, in accordance with clause (b).
(q) If the Prize is a vehicle (Vehicle Prize):
(i) the Promoter will, unless otherwise stated, ensure the Vehicle Prize comes with a valid MOT (if required), however no other registrations or insurances shall be supplied;
(ii) the Winner is solely responsible for all taxes and fees required to legally register and use the Vehicle Prize, including but not limited to any insurance;
(iii) the Promoter has no responsibility for the Vehicle Prize once it has been delivered to the Winner. The Winner is solely responsible for complying with all relevant laws and regulations relating to the Vehicle Prize, its operation and use; and
(iv) the Winner is responsible for ensuring they have the necessary licences, qualification, knowledge and experience to operate the Vehicle Prize safely and legally.
(r) many Vehicle Prizes are vintage or classic vehicles, and are supplied in the condition shown and described by the Promoter at the time of the Competition, in the same manner as a vehicle sold at auction or by private sale. The Promoter gives no warranty as to the mechanical condition, roadworthiness or reliability of any Vehicle Prize beyond the MOT referred to in clause (q)(i) (if applicable). Any fault, defect or issue arising after delivery of the Vehicle Prize to the Winner is the sole responsibility of the Winner to remedy at their own cost, and the Promoter accepts no liability in respect of it, except for any liability which cannot be excluded by law.
9 UNCLAIMED PRIZES
(a) The Promoter will use its best endeavours to contact the Winner of the Prize using the contact details provided in the Winner’s Account. However, the Promoter will not be liable for the Winners’ failure to receive a Notification of winning if they provided incorrect contact details, their security settings caused the Notification to enter the spam, junk or ‘message requests’ folder, or if they have not updated their Account details to receive the Notification.
(b) If the Winners fail to comply with the instructions in a written Notification on claiming the Prize, the Winner’s entry will be disqualified, and they will not be entitled to the applicable Prize.
(c) Winners will have 7 business days to respond to the Notification with a message confirming their delivery address otherwise they will forfeit the Prize.
(d) If the Winner has not claimed their Prize within 7 days of receiving the Notification, the Promoter reserves the right to conduct a further random draw or select an alternative winner.
10 USE OF ELIGIBLE ENTRANTS’ PERSONAL INFORMATION
(a) Personal information including Eligible Entrants’ names and email address, will be collected and processed for the purpose of conducting this Competition.
(b) Eligible Entrants' name, email address, postal address, phone number and date of birth and any other personal information reasonably required by the Promoter from their Account and/or entry to the Competition will be collected and stored by the Promoter and held in accordance with our Privacy Policy. A copy of the Promoter’ privacy policy is available here [insert link]. The privacy policy contains information about how individuals may access or correct personal information or make a privacy related complaint.
(c) The Promoter may publish the name and county of a Winner on their Website or make available to such persons who request it as set out in clause 6(c). If you do not wish for your personal data to be used in such way, you must notify us in writing.
(d) The Promoter may be required to disclose Eligible Entrant’s personal data to third parties, including local regulatory authorities and the Promoter’ agents or third-party service providers for the purposes of conducting the Competition or for promotional and marketing purposes, including on social media (Purpose).
(e) By entering this Competition, the Eligible Entrants consent to the use of their personal information for the Purpose, and that the Promoter may contact them for future marketing purposes without payment.
(f) In the event a Winner has requested for the Promoter to delete any personal information we hold about you before the Prize has been delivered, we may not be able to reach you to deliver any Prize and the Prize shall be deemed forfeited.
(g) the Promoter may request the Winners to participate in publicity, photography and any other promotional activity as the Promoter reasonably require without any compensation. The Winner is entitled to decline such request.
(h) Eligible Entrants may access, change and/or update their personal information by emailing the Promoter at: admin@vintageandclassicuk.com
11 LIABILITY
(a) To the maximum extent permitted by applicable law, the Promoter excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Competition or the Prize. This includes the transmission of any computer virus.
(b) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(c) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
(d) Nothing in these terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
12 FORCE MAJEURE
(a) If the Promoter becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(b) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of the Promoter;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Promoter, to the extent it affects the Promoter’s ability to perform its obligations.
13 GENERAL CONDITIONS
(a) the Promoter accepts no responsibility for late, lost or misdirected entries or other communications.
(b) Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant’s responsibility to notify the Promoter by updating their Account. An Eligible Entrant should direct any request to access or modify any information provided as part of the redemption of a Prize to the Promoter.
(c) the Promoter may at their absolute discretion request verification of any personal information of Eligible Entrants provided for the purposes of the Competition and arranging a Prize, including but not limited to verification of the ownership of any bank account details for payment of a Cash Prize.
(d) the Promoter reserves the right to disqualify any individual who breaches these terms and conditions, or who is involved in any way in interfering or tampering with the fair and proper conduct of this Competition. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
(e) By entering this Competition, Eligible Entrants acknowledge and agree that these terms and conditions, the Competition and the consequences of receiving a prize may be subject to the terms and conditions of third-party service providers such as social media platforms, video platforms, payment providers and transfer companies (Third Party Terms). the Promoter will not be liable for any damage or loss suffered by the Eligible Entrants in connection with such Third Party Terms.
(f) Nothing in these terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
(g) To the maximum extent that it is permitted to do so by law, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, incidental, special or consequential, arising in any way out of the Competition, including, without limitation:
(i) any theft, unauthorised access or third party interference;
(ii) any entry that is late, lost, altered, damaged or misdirected (whether or not after the receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
(iii) any variation in market value of the Prize to that stated in these terms and conditions;
(iv) any tax implications; and/or
(v) the Prize or any use of the Prize.
(h) Eligible Entrants and winners of the Competition agree at all times to indemnify and hold harmless the Promoter and its officers, employees and agents (those indemnified) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused by the Eligible Entrants and/or winners or their officers’, employees’ or agents’:
(i) breach of any term of these terms and conditions; or
(ii) negligent, fraudulent or criminal act or omission.
(i) the Promoter will not be liable for performance delays nor for non-performance due to causes beyond their reasonable control. If the Competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, or amend these terms and conditions, unless to do so would be prohibited by law.
(j) These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
(k) These terms and conditions are governed by the laws applying in England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.
WEBSITE TERMS AND CONDITIONS
1 INTRODUCTION
(a) These terms and conditions (Terms) apply when you use this website, https://vintageandclassicuk.com (Website), including if you sign up for our subscription service, the Platinum Reward Club (Membership).
(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, I4imagineering Limited trading as “Vintage and Classic” being a company incorporated in England and Wales with Company number 10913228 and registered office address at 82 St. Andrews Road, Shoeburyness, United Kingdom, SS3 9JJ (our, we or us).
(c) If you don’t agree to these Terms, you must refrain from using the Website.
(d) Additional terms and conditions will apply, in addition to these Terms, to your entry into any competitions we run on our website, which are available here: https://vintageandclassicuk.com/terms (Competition Terms).
(e) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
(f) Please note that your Membership will continue to renew indefinitely, and you will continue to incur Membership Fees, unless you notify us that you want to cancel your Membership in accordance with these terms and conditions. Please ensure you contact us if you want to cancel your Membership.
2 MEMBERSHIP
2.1 ACCOUNTS & PORTAL ACCESS
(a) (Accounts) To enter a Competition or sign up for our Platinum Reward Club Membership, you are required to sign up, register, and receive an account through the Website (an Account).
(b) (Community Portal) Registered members will be granted access to a dedicated Community Portal available at: https://members.vintageandclassicuk.com/login?redirectUrl=/home
(c) (Provide Information) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by us from time to time.
(d) (Warranty) You warrant that any information you give to us in the course of completing the Account registration process is accurate, honest, correct and up-to-date.
(e) (Acceptance) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
2.2 PLATNIUM REWARD CLUB (MEMBERSHIP)
(a) By signing up for a Membership on our Website and accepting these terms and conditions, you agree to be bound by these terms and conditions which form a binding contract between you and us.
(b) Your Membership will commence on the date you sign up for the Membership (Membership Period) and will continue on an indefinite basis until terminated in accordance with this agreement.
(c) The Platinum Reward Club is a subscription-based community membership platform connecting vintage and classic vehicle enthusiasts, giving Members access to the Community Portal, events, content and other member benefits published on our Website from time to time.
(d) Members may purchase credits in advance, which are attributed to their Accounts virtual wallet, and can be used solely for the conversion and purchase of competition prize draw tickets, subject to the Competition Terms. Credits are:
(i) not redeemable for cash;
(ii) non-transferable; and
(iii) expire after one year.
(e) Subscribers must pay subscription fees to us in the amounts specified on the Website. (Membership Fees).
(f) All Membership Fees must be paid in advance and are non-refundable for change of mind.
(g) Members who purchase ticket credits in advance through this scheme attract additional benefits as published on our Website from time to time, including global discounts on other main competition entries.
(h) We reserve the right to suspend all or part of your subscription and access to the Community Portal indefinitely if you fail to pay any fees when due.
(i) Unless otherwise agreed in writing, the Membership Fees are due and payable on a recurring monthly or annual basis as selected at sign-up for the duration of your Membership, with the first payment being due on the first day of the Membership Period and on the applicable anniversary thereafter.
2.3 MEMBER-ONLY PRIZE DRAWS
(a) Active, registered members may be granted exclusive access to certain member-only prize draws published on the Website or Community Portal as a benefit of the Platinum Reward Club.
(b) The paid entry route for these specific draws (including entry via the exchange of virtual wallet credits) is strictly restricted to active, registered members, meaning non-members are barred from using the paid entry route for these draws.
(c) Anyone (both members and non-members alike) can enter these member-only prize draws completely free of charge by using the Free Postal Entry route, which remains fully open without any requirement to sign up for a paid subscription.
2.4 AUTOMATIC RECURRING BILLING
Subject to clauses 2.3 and 2.4:
(a) Your Membership will continue to renew on an automatic indefinite basis unless you notify us that you wish to cancel in accordance with this clause.
(b) You can cancel your Membership via the functionality on the Website at any time. Any Membership Fees paid for the then current Membership Period shall be non-refundable. No further Membership Fees shall be deducted.
(c) While your Membership is maintained, your Membership Fees will continue to be debited on an ongoing basis from the payment method you nominated when you registered for an Account upon the renewal of your Membership Period.
(d) By signing up for a recurring Membership, you acknowledge and agree that your Membership has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Membership.
2.5 CHANGES TO FEES
We may, from time to time, change our Membership Fees and provide you with 10 Business Days’ notice prior to the changes. During this time, you have the opportunity to cancel your Membership with us.
2.6 LATE PAYMENTS
We reserve the right to suspend all or part of the Membership indefinitely if you fail to pay any Fees when due.
2.7 ONLINE PAYMENT PARTNER
(a) We may use third-party online payment partner, currently PayPal, or Cashflows Payments (Online Payment Partner) to collect Membership Fees.
(b) The terms and conditions of our Online Payment Partner shall apply to you in addition to this agreement, and are available here:
(i) PayPal terms: https://www.paypal.com/uk/legalhub/paypal/useragreement-full
(ii) Cashflows terms: https://www.cashflows.com/legal/uk-customer-terms-and-conditions
3 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
4 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing entries into our competitions;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
5 INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
6 INTELLECTUAL PROPERTY
(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
7 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
8 SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
9 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
10 PRIVACY
You agree to be bound by our Privacy Policy, which can be found here: https://vintageandclassicuk.com/privacy.
11 LIABILITY
(a) We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.
(b) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
(c) Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
12 GENERAL
12.1 GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
12.2 THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
12.3 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
12.4 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
12.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
12.6 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
12.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
12.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms (this agreement), and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) (currency) a reference to £, or “pounds”, is to Pound Sterling currency, unless otherwise agreed in writing.