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Terms Of Use

TERMS AND CONDITIONS

1. DEFINITIONS

"Website" is the Internet web page or Internet web pages published by MOTORBITZ or any other party on its behalf in the course of its business practices.

Customer" is any person, company or organisation whom visits and uses information from the Website.

Construction" is all intellectual property programmed and designed and executed by Enigmatix ltd for the purpose of publishing all material contained within the Website other than such intellectual property as is expressly accepted on the Website.

2. USE OF THE WEBSITE AND OBLIGATIONS OF THE CUSTOMER

2.1 It is the sole responsibility of the Customer to satisfy himself or herself prior to using the Website that the Website is suitable for the purposes of the Customer and up to date. You should also clear your temporary cache and refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website.

2.2 Although every effort has been made to provide accurate information on these pages, neither MOTORBITZ, nor any of its employees, nor any of its suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Website.

2.3 The Customer is notified that MOTORBITZ cannot exercise control over the security or subject matter of the Website and MOTORBITZ hereby excludes all liability of any kind for the transmission or reception of any infringing part of the Website.

2.4 The Customer is notified and agrees that the Customer is only permitted to use the Website as expressly set out in these Terms & Conditions or on the Website.

2.5 The Customer is notified and agrees that the Website is for the Customer's own personal use only on a single computer or device.

2.6 The Customer is notified and agrees that the Customer may not :

2.6.(1) Copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Website or any information learned by you whilst using the Services or accessing the Website.

2.6.(2) Remove, change or obscure in any way anything on the Website and/or the Construction or otherwise use any material obtained whilst using the Website and/or the Construction except as set out in these Terms & Conditions.

2.6.(3) Reverse engineer or decompile (whether in whole or in part) any software used in the Website and/or the Construction (except to the extent expressly permitted by the applicable law).

2.6.(4) Copy or use any material from the Website and/or the Construction for any commercial purpose.

2.6.(5) Remove, change or obscure any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed from the Website or any good, services or content thereof.

2.6.(6) Receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful.

2.6.(7) Knowingly or recklessly transmit any electronic content (including viruses) through the Website and/or the Construction which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by MOTORBITZ or other Internet users.

2.6.(8) Hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Website and/or the Construction or any other website, or which is otherwise likely to damage or destroy Cats2go reputation or the reputation of any third party.

3.CUSTOMER INFORMATION

3.1 MOTORBITZ usage of your personal information is governed by MOTORBITZ Privacy Policy Statement (link to Privacy Policy at the foot of this page), which forms part of these Terms & Conditions.

4. PROPRIETARY RIGHTS

4.1 All Trade Marks used on the Website and/or the Construction are the trademarks of MOTORBITZ. The Customer shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of MOTORBITZ or the Trade Marks.

4.2 The Customer is notified and agrees that the Website and the Construction or any part thereof, whether presented to the Customer by MOTORBITZ, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.

4.3 The Customer is only allowed to use the Website and the Construction as set out in these Terms & Conditions and nothing on the Website and/or the Construction shall be construed as conferring any licence or other transfer or rights to the Customer of any intellectual property or other proprietary rights of MOTORBITZ or any third party, whether by estoppel, implication or otherwise.

4.4 The Customer hereby grants to MOTORBITZ a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any content provided by the Customer by email, post or otherwise on the Website and/or the Construction as MOTORBITZ sees fit and without notice to the Customer, unless the Customer has indicated otherwise in such communication.

4.5 The Customer may establish a link to the Website from the Customer's website, provided that the Customer has obtained MOTORBITZ prior written consent and that in MOTORBITZ.

5. AEXCLUSION OF LIABILITY AND OBLIGATIONS OF MOTORBITZ

5.1 The Customer agrees that MOTORBITZ does not generally and is not required to monitor or edit the use to which the Customer or others use the Website and the Construction and MOTORBITZ is excluded from all liability of any kind (to the extent permitted by law) arising from the use of the Website and the Construction. Notwithstanding the foregoing, MOTORBITZ reserves the right to alter, update or remove the Website and/or the Construction in whole or in part, at any time as MOTORBITZ in its sole discretion considers to be necessary in order to prevent any breach of these Terms & Conditions or any breach of applicable laws or regulations.

5.2 MOTORBITZ shall use its reasonable endeavours to ensure the maintenance and availability of the Site and the Services but availability may be affected by the equipment of the Customer, communication networks, too many people trying to use communication networks or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.

5.3 MOTORBITZ shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the performance of or use of the Website and/or the Construction and in particular, but without limitation to the foregoing, MOTORBITZ specifically excludes all liability whatsoever in respect of any loss arising as a result of :

5.3.(1) Use which you make of the Website and the Construction or reliance on content or services or goods or any loss of any services, goods or the Customer's content resulting from delays, non-deliveries, missed deliveries, or services interruptions; and

5.3.(2) Defects that may exist or for any costs, loss of profits, loss of the Customer's content or consequential losses arising from the Customer's use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Website and the Construction at any time.

5.4 All conditions or warranties that may be implied or incorporated into these Terms & Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.

5.5 The Customer's only remedy under these Terms & Conditions is to discontinue use of the Website and the Construction.

5.6 MOTORBITZ makes every effort to ensure the security of the Customer's communications. The Customer is however advised that for reasons beyond MOTORBITZ’s control, there is a risk that the Customer's communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, the Customer's communications may pass over third party networks over which MOTORBITZhas no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without the Customer's knowledge.

6. INDEMNITY BY THE CUSTOMER

6.1 The Customer hereby agrees to fully indemnify and to hold MOTORBITZ harmless from and against any claim brought by a third party resulting from the use of the Website and the Construction or the provision of content, goods or services to MOTORBITZ by the Customer and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly of indirectly by MOTORBITZ in consequence of such use of the Website and the Construction or provision of content, goods or services or the Customer's breach or non-observance of any of these Terms & Conditions.

7. VARIATION

7.1 MOTORBITZreserves the right to modify the Website and/or the Construction or suspend or terminate the Website and/or the Construction or access to part or all of them at any time.

7.2 MOTORBITZreserves the right to revise these Terms & Conditions at any time. Such variations shall become effective two weeks after being posted on the Website. By continuing to use the Website you will be deemed to have accepted the varied Terms & Conditions

8. TERMINATION

8.1 MOTORBITZ may elect to suspend, vary or terminate the Website and the Construction and any part thereof immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Website and the Construction and any part thereof or for any other reason whatsoever.

8.2 MOTORBITZ may elect to terminate the Customer's access to the Website and the Construction and any part thereof forthwith on breach of any of these Terms & Conditions by the Customer, or if MOTORBITZ ceases to offer the Website and the Construction and any part thereof for any reason whatsoever.

9. GENERAL

9.1 Governing Law and Jurisdiction - these Terms & Conditions are governed by and construed in accordance with the laws of England and Wales and the Customer hereby submits to the non-exclusive jurisdiction of the English courts.

9.2 Severability - these Terms & Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms & Conditions.

9.3 Waiver – MOTORBITZ failure to exercise any particular right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MOTORBITZin writing.

9.4 Representations - the Customer is notified and agrees that in entering into these Terms & Conditions the Customer does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms & Conditions or not) other than as expressly set out in these Terms & Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

9.5 Assignment - the Customer in entering into these Terms & Conditions undertake that the Customer will not assign, re-sell, sub-lease or in any other way transfer the Customer's rights or obligations under these Terms & Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Website and the Construction and all content, goods and services being terminated by MOTORBITZforthwith. MOTORBITZ may assign these Terms & Conditions in whole or in part to any third party at its discretion.

9.6 Rights of Third Parties - A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of these Terms & Conditions.

9.7 Force Majeure – MOTORBITZ shall not be liable in respect of any breach of these Terms & Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom MOTORBITZis not responsible.

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Part of the MOTORBITZ Group