By signing in and using our system you agree to our terms and conditions shown below.

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TERMS & CONDITIONS

These terms and conditions (the “Terms & Conditions”) govern the relationship between us Drive By Websites Ltd, 07942363 Registered In England, 14 Bear Lane, Pinchbeck, Spalding, Lincolnshire, PE11 3XA and you in respect of the subject matter of these Terms & Conditions.

1. Definitions

1.1   In these Terms & Conditions the following words shall have the following meanings unless otherwise expressly stated:

2. Commencement

2.1 You agree to comply with these Terms & Conditions immediately after you confirm acceptance of them on Our Website.

3. Registration

3.1 You confirm that the details which you have provided in the Registration Form are complete and accurate. Please note that providing false information may constitute a criminal offence, and we reserve the right to initiate a criminal prosecution in such circumstances.

3.2 If your registration application is accepted following your completion of the Registration Form, one web account will be created for use by you.

3.3 You agree to immediately inform us by sending an email to Our Email Address, of any changes to your contact details. Such email must originate from the last email address which you have registered with us.

3.4 You agree to our privacy policy.

4.1 User Name & Password

4.1 If you forget your user name and/or password, please send an email to Our Email Address confirming this, and new log in details will be emailed to Your Email Address.

5.1 The Services

5.1 You will have access to the Services from the date that we accept your registration application following submission of your completed Registration Form, and you will then be permitted to use the area, services and facilities shown which you will be able to access by logging into your web account.

5.2 You agree that by using Our Website and the Services, you are acting in the course of a business and not as a consumer.

5.3 You agree that by using Our Website and the Services, you will not: copy convert; modify; distribute; or make available any links to: any of the content on, or available from, Our Website.

5.4 All access provided by us to you in respect of Our Website and Services is on a licence only basis. We do not grant you ownership of any intellectual property rights. Furthermore, we and our third parties reserve our rights in all proprietary rights and intellectual property rights in the works on and available from our Website.

6.1 Charges

6.1 Details of applicable charges and when they are payable are shown on Our Website.

6.2 If there is any mistake with any payments (whether in relation to the charges shown on Our Website or otherwise) then we will inform you of this and make the appropriate adjustment to your web account balance.

7. Content

7.1 You will ensure that all content provided or created by you on Our Website (all such content collectively being known as the “Content”):

7.2 You will ensure that all files uploaded by you constitute original work.

7.3 We reserve the right at our sole discretion to remove any content from our Website and Services including without limitation any Content provided by you, without notice and with immediate effect. With regard to removal of any Content pursuant to this Clause, we will only remove such material if we consider it to be inappropriate (with us acting reasonably). Such removal will not result in any compensation payments being made to you.

7.4 We retain ownership of all images, artwork and other works provided by us for use by you to create any webpages or works on Our Website.

7.5 You hereby license us without charge to use any of the Content for publicising or marketing Our Website and the Services.

7.6 All intellectual property rights (including without limitation copyright) (collectively known as “IPR”) in the webpages which you create (other than any photos or third party materials which you incorporate into such webpages) shall vest in us and you hereby assign to us with full title guarantee free from all charges, liens, licences and other encumbrances all IPR in such works (such works being referred to as the “Bespoke Materials”). Furthermore, you agree to undertake all acts necessary at your cost to ensure that the IPR in the Bespoke Materials are vested in us.

7.7 You agree to indemnify and keep us indemnified in full against all losses (including without limitation reasonable legal fees), incurred or suffered by us resulting directly or indirectly from any claim that the operation, possession, or use of the Content (in whole or in part) infringes the intellectual property rights of a third party.

8. Limitation of Liability

8.1      Nothing in these Terms & Conditions shall restrict or exclude our liability for death or personal injury resulting from our negligence. Nothing in these Terms & Conditions shall restrict or exclude our liability for fraud. We also do not exclude or limit any liability which may not be lawfully excluded or limited.

8.2   We shall not be liable to you for consequential, special, incidental or indirect losses, or the following losses whether direct, consequential, special, incidental or indirect losses: loss of profits; loss of revenue; loss of business or contracts; loss of anticipated savings or goodwill; loss of data; (or any losses arising from a claim by a third party for any of the above losses) whether arising under contract, tort (including without limitation, negligence), or otherwise.

8.3    Subject to Clause 8.1 and 8.2, our aggregate liability for all claims arising under or in connection with these Terms & Conditions (whether arising under contract, tort (including without limitation negligence) or otherwise) shall be limited to paying you the charges which are shown on Our Website (subject to our ability to correct any mistakes) as payable by us to you in accordance with these Terms and Conditions.

8.4    Our fees have been calculated on the basis that we will exclude and limit our liability as set out in these Terms & Conditions, and you agree that such limitations and exclusions of liability are therefore reasonable.

9. Termination

9.1    Either party may immediately terminate your web account at any time, either by you sending us an email or by us sending an email to Your Email Address. Termination of your web account will prevent you using the Services. If we terminate your web account because of a breach by you of any provision in these Terms & Conditions, then in such circumstances we may make such reasonable deductions from the balance of your web account before crediting any remaining balance (if any) to your bank account within 60 days of termination of your web account. If your web account is terminated in circumstances where the termination is not in respect of a breach committed by you of the Terms and Conditions, then in such circumstances we will transfer any balance in your web account to your bank account within 60 days of termination of your web account. Termination of your web account will be without prejudice to each party’s additional rights and remedies.

9.2 Following termination of your web account, we will prevent you accessing your web account, and we will remove your Content from Our Website, but we may continue to use that part of the Content as referred to in these Terms and Conditions for ongoing marketing and publicity purposes in accordance with these Terms and Conditions.

9.3 Other than in respect of where prohibited by law, we do not accept any liability for any claims not notified to us within 30 days of the cause of the claim arising.

9.4 Termination of your web account or our contract with you, is without prejudice to each party’s rights and remedies. Furthermore, those provisions of the Terms and Conditions which are expressed or intended to continue beyond termination of your web account or our contract with you, will continue to apply (this includes without limitation, Clause 9).

10. Contracts (Rights of Third Parties) Act 1999

10.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms & Conditions are not intending to, and do not, give any person who is not a party to it any right to enforce any of its provisions.

11. Severability

11.1 If at any time any part of these Terms & Conditions or a Clause in these Terms & Conditions becomes void or unenforceable under any applicable law it shall be deemed to be deleted from these Terms & Conditions and the remaining provisions of these Terms & Conditions shall continue unaffected.

12.1 You may not assign, delegate, sub-contract, transfer or otherwise dispose of any of your rights or responsibilities under these Terms & Conditions.

12.2 We may assign any or all of our rights and obligations by notice in writing to you.

13. Variations

13.1 We may from time to time change these terms and conditions, and we will advise you of such changes by email and/or on Our Website. Your continued use of Our Website and Services will confirm your acceptance of such changes. If the changes to the Terms and Conditions materially and adversely affect your rights or the Services, then you may terminate your account in accordance with Clause 10.1.

14. Events Beyond Our Control

14.1 We will not be liable for any issues, events, delays or non-performance of our obligations, to the extent that such issues are caused by events beyond our reasonable control.

14.2 Our Website is hosted by a third party company and therefore there may be times when Our Website and the Services are inaccessible due to outages and maintenance. However, we do not envisage that such unavailability would last for prolonged periods of time such that it materially affects your access to Our Website and the Services. However, you must acknowledge that we are unable to offer any guaranteed availability times in relation to Our Website and the Services. If you do have any continued problems in relation to access, please send an email to Our Email Address and our customer service team will look into them.

15. Entire Agreement

15.1 These Terms & Conditions contain the entire agreement between the parties with respect to the subject matter of these Terms and Conditions (the “Subject Matter”) and supersede all other written and oral communications between the parties relating to the Subject Matter. The express terms, conditions and warranties in these Terms and Conditions are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by statute, common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. The parties hereby confirm that they have not relied upon any representations, communications or other matters which have not been expressly stated in these Terms and Conditions. Notwithstanding any provision to the contrary, nothing in these Terms and Conditions limits or excludes either party’s liability for fraudulent misrepresentations.

16. Notices

16.1 You agree to provide all communications and notices in relation to these Terms & Conditions by sending us an email from Your Email Address to us at Our Email Address, or alternatively in writing to us, marked for the attention of the “Customer Services Manager”.

17. Dispute

17.1 In the event of any dispute or issue, we may at our sole discretion immediately upon notice, suspend your web account, your access to the Services and Our Website, pending resolution of the dispute or issue. During such suspension, we will not be required to make any payments to you pursuant to these Terms and Conditions.

17.2 We confirm that we will act reasonably in invoking any suspension pursuant to Clause 17.1.

17.3 Both parties agree to act reasonably in attempting to resolve any dispute or issue which arises pursuant to the Terms and Conditions.

18. Law and Jurisdiction

18.1 These Terms & Conditions and any dispute or claim arising in connection with them shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts to which you irrevocably submit.

PRIVACY POLICY

Drive By Websites Ltd, is committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.

1. The information we collect and how we use it

When you register for our service we need to know your name, trade name, postal address, e-mail address, telephone number.

We gather this information to allow us to process your registration. The relevant information is then used by us to communicate with you on any matter relating to the conduct of your account and the provision of the service in general.

We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.

We may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you.

2. Our use of cookies and other information gathering technologies

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are.

A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.

When you visit our website we send you a cookie. Cookies may be used in the following ways:

Two types of cookies may be used on this website:

  1. session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site; and
  2. persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

Use of Web Beacons

Some of our Web pages may contain electronic images known as web beacons (sometimes known as clear gifs) that allow us to count users who have visited these pages. Web beacons collect only limited information which includes a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. We may also carry web beacons placed by third party advertisers. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign.

Disabling/Enabling Cookies

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled. In order to block or delete cookies, select the “Contents & Index” tab under the “Help” menu of your internet browser and type in “delete cookies” or “block cookies” to find a step by step process of how to undertake such actions.

3 Where we process your personal data

Although we process your data within the European Economic Area (“EEA”), we also store your data on servers which reside within the USA and owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to other countries outside the EEA that do not have similar protections in place as the EEA regarding your data and its use as set out in this policy. By submitting your information you consent to the processing of your data in the USA and these transfers outside the EEA.

If you allow us to send your data outside the EEA as mentioned in Section 1 to third parties whose products or services we believe may be of interest to you, then you are also acknowledging the contents of the above paragraph in Section 3 with regard to the implications of sending data outside the EEA , and you are agreeing to this.

4 How we protect your information

The internet is not a secure medium. However we have put in place various security procedures to protect your information.

5 Sale of business

If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business. You will be informed of any change in ownership in our business.

6 Updating your details

If any of the information that you have provided to us changes, for example if you change your e-mail address, name or other details, please let us know the correct details by sending an e-mail to domains@drivebywebsites.com or by sending a letter to us.

7. Your consent

By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. We will also e-mail you should we make any changes to the way in which we use your information so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.

We welcome your views about our website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail to domains@drivebywebsites.com or please write to the Customer Service Department at Drive By Websites Ltd.