Terms of Use

Binding Contractual Terms

These Terms of Use relate to the use of the service known as “CarHuddle.com”, an online platform for automotive enthusiasts to read, create, and share events, reviews, and other information relating to cars (together, the “Purpose”). The Service is provided by Car Huddle .

Upon registration to the Service and acceptance of these Terms of Use, these Terms of Use shall become a binding contract between the Car Huddle Network and the person or entity subscribing to the Service (the “Subscriber”).

Definitions

Intellectual Property Rights (or IPR): all intellectual and industrial property rights whether registered or not including rights in confidential information and know-how and any right of equivalent or similar effect anywhere in the world.

Car Huddle Network IP: all IPR subsisting in or relating to the Service including the computer code and other system elements underlying the Car Huddle Network application, software screens, all design elements and artwork, templates, layout designs and design facilities included in the Service, the concepts and ideas underlying the Service, all statistical and analytical data captured by or through the Service and the trade mark CAR Huddle and any other trade marks, trading names or signs adopted and used from time to time by the Car Huddle Network in relation to the Service.

Access To And Use Of The Service

The Service is a Subscriber only facility. Initial access to the Service is allowed to the Subscriber via the Car Huddle Network websites or downloading the application and registering to use the Service. Thereafter, the Service can be used by the Subscriber without restriction, save that certain functionalities may require the use of passcodes, which may be chosen or changed by the Subscriber or issued by the Car Huddle Network.

Subscribers are allowed access to the Service solely for the Purpose. Any other use is strictly prohibited. The Subscriber is responsible for compliance with these Terms of Use and undertakes to ensure that it does not use the Service for any purposes other than the Purpose.

The Car Huddle Network reserves the right to block a Subscriber’s access to the Service if it has reason to believe that the Service is being misused.

Term

The Service will be provided from the date on which the Subscriber registers for the Service and accepts these Terms of Use and shall continue until terminated. The Subscriber is free to terminate his or her account at any time and any passcodes will be disabled upon termination.

Security Measures

The Car Huddle Network will apply all reasonable measures to protect the security of the information provided or uploaded by the Subscriber when using the Service, to allow such information to be accessible to such other Subscribers with whom the Subscriber has elected to share his/her details and shared only as envisaged by the Service.

It is the Subscriber’s responsibility and obligation to protect the security of his/her log-in details and passwords. The Car Huddle Network strongly recommends that such access details should not be shared with any person.

The Car Huddle Network shall be entitled (but not required) to apply security measures to protect the Service and the Car Huddle Network IP and shall be entitled to block users (or IP addresses) identified or suspected as being used to access the Service without authorisation or for unlawful purposes including for disrupting or damaging the Service.

The Subscriber shall notify the Car Huddle Network of any activity on the Service suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorised access to, or cause any damage to the Service.

Use of Information and Data Protection

Through the Service, Subscribers are required to complete registration details and can create, collect, process, store, communicate and share information relating to cars and themselves. The Car Huddle Network shall make no use of such information in a form that is capable of being linked to any particular Subscriber (“Personal Information”) except as instructed by the Subscriber.

The Car Huddle Network may need, and the Subscriber authorises the Car Huddle Network, to access Personal Information where it is necessary for the Car Huddle Network to do so for the purpose of operating, maintaining, updating, enhancing, monitoring and improving the performance of and functionality of the Service, for investigating any complaints or suspected prohibited use, or any security breach, and insofar as the Car Huddle Network is required to do so to comply with legal requirements, the orders of any court of law or the directions of any statutory or regulatory body.

The Car Huddle Network shall also be entitled to store, access, process and analyse Personal Information stored on the Service in order to create or extract statistical, analytical and other non-Personal Information and shall be entitled to aggregate, anonymise and otherwise process Personal Information in order to obtain and create databases of non-Personal Information.

Insofar as the Car Huddle Network processes any Personal Information, the Car Huddle Network shall do so only on behalf of the Subscriber and shall:

The Subscriber shall notify the Car Huddle Network immediately of any security breach involving the Service which it becomes aware of including any loss of Personal Information and any incident where Personal Information (relating to the Subscriber) becomes available to unauthorised persons through the Service.

The Car Huddle Network shall be entitled to use non-Personal Information processed on the Service, without limitation, to obtain technical, statistical or other information. Any databases of non-Personal Information which the Car Huddle Network may create out of the information on the Service from time to time shall be part of the Car Huddle Network IP.

The Subscriber may, at any time, add, modify, update or remove his/her personal details from the Service.

User Generated Content

The Subscriber shall not upload to or share via the Service any data or other content (“User Generated Content” or “UGC”) that includes anything that may or may be alleged as being unlawful, defamatory, infringing of third party rights (including any third party IPRs) or in breach of any duty (including confidentiality duties) to third parties, or otherwise giving rise to third party liability, offensive, misleading, obscene, discriminatory, racist or otherwise contrary to generally acceptable ethical or moral standards in the United Kingdom or otherwise objectionable (“Inappropriate Material”).

The Car Huddle Network does not monitor the use of the Service by Subscribers and does not screen User Generated Content and does not take any other steps to ensure that Inappropriate Material is not uploaded to or shared via the Service. The Subscriber shall notify the Car Huddle Network as soon as it becomes aware of any Inappropriate Material that is uploaded to or shared via the Service. The Car Huddle Network reserves the right (but shall not be obliged) to block or delete any content that it reasonably deems to be Inappropriate Material of which it becomes aware without notice to the Subscriber and to block access to the Service to any Subscriber who uses the Service to publish or share Inappropriate Material and to report such activity to the police, regulators or other public authorities if it is suspected of being unlawful.

User Generated Content Licence Terms

The Subscriber grants to the Car Huddle Network a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully assignable right to publish, communicate to the public and make available to the public your UGC and to exploit it in any other ways and for any purposes including by authorising any other person to do so (including the right to use and register the UGC) as our own or any other person’s trade mark, trading name, internet domain names and in digital addresses anywhere in the world, unless you already have valid and enforceable prior trade mark rights in, or an established good will associated with, the UGC, which you remain free to assert.

You hereby irrevocably waive, to the fullest extent permitted by law, all rights under Chapter IV of the Copyright, Designs and Patents Act 1988 (“CDPA”) (known as “moral rights”) in relation to your UGC and any similar or equivalent right under the laws of any jurisdiction, including the right to require to be identified as the author of the UGC or the right to object to derogatory treatment of the UGC, or any other morals rights in connection therewith. This waiver is made in favour of the Car Huddle Network and for the benefit of our future successors in title and for the benefit of all persons having (at present or at any time in the future) the right, with our or with our successor’s consent, to use, exploit, modify, further develop, license, sell or otherwise commercialise the UGC.

Removal of User Generated Content

The Subscriber may, at any time, remove from the Service his/her UGC. Upon removal by the Subscriber of any UGC:

Intellectual Property

As between the parties, the Car Huddle Network is the sole owner of and has the exclusive right to exploit, use, license, sell, reproduce, modify or adapt any and all parts of the Service and the Car Huddle Network IP including the structure, design and layout of the Service, the screens, interfaces, functionalities, the computer code that operates the Service, the artistic work, data captured by the Service (without prejudice to the Subscriber’s rights under applicable law and under these Terms of Use in relation to Personal Information) and any databases comprising such data, any trading name and trade marks and any other names, logos, slogans and other signs used in relation to the Service, the get-up of the Service, and the domain names and email addresses used by the Service.

The Subscriber agrees and acknowledges that it shall not acquire and it irrevocably disclaims any right, title, interest or licence in or under any of the Car Huddle Network IP, except the limited right to access and use the Service during the Term in accordance with these Terms of Use.

Other than to receive and use the Service in accordance with these Terms of Use or otherwise with the Car Huddle Network’s prior written consent, and except to the extent permitted under sections 50A, 50B, 50BA and 296A of the CDPA or under any mandatory statutory provisions amending or substituting those provisions which are applicable in the United Kingdom including under European Union legislation, the Subscriber shall not and shall not assist, procure or authorise any other person to do any of the following, that is:

Warranties

The Subscriber warrants and represents to the Car Huddle Network as set out below:

The Car Huddle Network warrants to the Subscriber as set out below:

The Service is provided to the Subscriber on an “as is” basis. Other than the warranties, covenants and representations expressly set out above, the Car Huddle Network gives no warranty nor makes any representation in relation to the Service or the Car Huddle Network IP. The Car Huddle Network expressly disclaims to the fullest extent permitted by law and the Subscriber waives any representation or warranty on the part of the Car Huddle Network relating to Service or the Car Huddle Network IP that may be implied by these Terms of Use, by custom, or by law or otherwise and which is not expressly set out herein, including any implied warranties of availability of the Service, non-disruption, quality, merchantability, title or entitlement, fitness for a particular purpose, ability to achieve a particular result or functionality and non-infringement of third party rights.

Indemnity

The Subscriber agrees to indemnify the Car Huddle Network, its directors, employees, agents, representatives (“Indemnified Persons”) for any loss, damage, cost or liability arising to any Indemnified Persons as a result of any claim, demand or proceedings brought or threatened against the Indemnified Persons in connection with any breach by the Subscriber of these Terms of Use, including any breach of warranty, or any misrepresentation or negligence by the Subscriber in relation to the Subscriber’s subscription to the Service or its use, or out of the Subscriber’s use of the Service, including any posting or uploading or sharing of Inappropriate Material (save where such claim or allegation arises out of the breach by the Car Huddle Network of an express covenant or warranty under these Terms of Use).

Limitations On Liability

In no event shall a party be liable to the other under these Terms of Use or in connection with its performance or breach, or in connection with any warranties hereunder, or in connection with the Service, including for its negligence, for any indirect, incidental, consequential or special damages, including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business, even if the other party has been advised of the possibility of such damages in advance.

The Car Huddle Network shall have no liability whatsoever for any damage, liability or loss that the Subscriber may incur, or to any other undesirable consequences, resulting from any suspension or disruption of the Service, including where such suspension or disruption results from the Car Huddle Network negligence.

The Car Huddle Network shall have no liability whatsoever for any damage, liability or loss that the Subscriber or any other person may incur, or to any other undesirable consequences, resulting from of the Subscriber’s breach of his or her warranties or other obligations under these Terms of Use including, without limitation, the obligation to keep log-in details and password secure or from the sharing of these details with any other person.

Each party’s maximum aggregate liability for any single event (or a series of related events) giving rise to a claim in connection with these Terms of Use or in relation to the Service, either for breach of contract, breach of warranty, misrepresentation or negligence (save for an express indemnity) shall be limited to £50.

Nothing in these Terms of Use shall limit or exclude a party’s liability for death or personal injury caused by that party’s negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded by law.

A party shall not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power cuts electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by the Car Huddle Network, the Car Huddle Network shall use reasonable efforts to notify Subscribers through the Service or through its website or by email communication.

Termination Of The Service

The Car Huddle Network may terminate the Subscriber’s subscription to the Service without notice, in the event the Subscriber:

The Car Huddle Network may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by Subscribers. The Car Huddle Network shall use reasonable endeavours to notify Subscribers of the cessation of the Service or any changes that would impact on the Subscribers’ use of the Service. The Car Huddle Network may give such notices through the Service or on its website or by email communications.

The Subscriber may, at any time, unsubscribe from the Service.Upon the termination of a subscription or termination of the Service:

General

Nothing in these Terms of Use shall create, or be deemed to create, a partnership or joint venture and shall not be construed as giving rise to the relationship of principal and agent between the parties.

If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms.

A person who is not a party to these Terms of Use shall have no rights to enforce the provisions of these Terms of Use under the Contracts (Rights of Third Parties) Act 1999.

No modification, alteration or waiver of any of the provisions of these Terms of Use shall be effective unless in writing and signed on behalf of each of the Parties.

No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.

These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, letters and other arrangements between the parties in relation to the subject matter hereof. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use. This clause does not affect a party’s liability in respect of a fraudulent misrepresentation.

These Terms of Use are governed by English law and the Parties submit to the exclusive jurisdiction of the courts of England in relation to any dispute between them arising out of the subject matter of these Terms of Use.