Posted by Sophia C on 21 September 2014 12:34 PM
Please read this carefully because it sets out the terms of a legally binding agreement between you and Truckaurbus.
You agree that you will not:
Truckaurbus and the Truckaurbus community work together to keep the Truckaurbus websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Truckaurbus if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Truckaurbus employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Truckaurbus or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Truckaurbus or use of Truckaurbus by users.
Fees and Services
Using Truckaurbus is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the Truckaurbus website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Truckaurbus reserves the right to vary the amount of content and types of service that it makes available to different categories of user. If you are an Truckaurbus.com subscriber who has bought a listing/Advertising Plan, any reduction in the scope of your Plan will take effect only after we have given you at least 30 days’ (or the lifetime of the Plan whichever is shortest) notice, and will apply from the date of your next payment following that 30-day period.
Contract formation: Truckaurbus will try to process your Plan subscription promptly but does not guarantee that your Plan will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Plan. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your Plan. Truckaurbus reserves the right to reject any offer in its discretion, for any or no reason.
Payment details: when you purchase a Plan, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a Plan using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription Plan. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.
Pricing: the Plan subscription price will be made clear to you on our 'choose a Plan' pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you purchase your Plan. For certain Plans you can take out either an annual or monthly (or other frequency we offer) subscription. Other Plan services may only require a one-off payment. You can also take out any other fixed term or payment frequency that we may offer from time to time. The currency in which your Plan is payable will be specified during the order process, depending on the service and your country of residence. You may also have to pay any applicable local taxes. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term (or lifetime) of your Plan. We will always tell you in advance of any increase in the price of your Plan and offer you an opportunity to cancel it if you do not wish to pay the new price.
Pricing errors: if we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a Plan at that price, even if we have mistakenly accepted your offer to buy a Plan at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the Plan without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your Plan and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
Other costs: in addition to any Plan subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing Truckaurbus.com or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.
Trials: we may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your Plan with effect from the expiry of the trial period. No more than one trial per user is allowed in any twelve month period.
Intellectual Property Rights
You acknowledge and agree that we own, or has the licence to use the Content on the Website and any and all intellectual property rights used or embodied in or in connection with the Website. The Content shall not be reproduced, republished, transmitted or distributed in any way, without prior written permission from us.
Notification of Infringement
User Generated Content
Third Party Sites
Links on the Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Website. We have not reviewed all of these third-party sites and do not control and are not responsible for any of these sites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other goods or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do this entirely at your own risk.
No Guarantee of Access
We do not guarantee access to our Website, since access over the internet can sometimes be affected by technical failures or third party activity (such as the transmission of viruses and other malicious acts) outside our control. In addition, from time to time we may have to suspend service on our Website in order to make changes to it or to correct technical problems that have arisen.
Suspension and Termination
At our request, you agree to indemnify us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) your use or misuse of the Website; (ii) your breach of these Terms; (iii) and/or your violation of any law or the rights of a third party, including the use by any other persons accessing the Website using your Internet account caused by your action or inaction. You agree to cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Exclusion of Liability and Limitations of Truckaurbus Content
The Truckaurbus Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the Truckaurbus Content, including prices and specifications of new Commercial Vehicles and any other content provided by third parties and distributed by Truckaurbus.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Truckaurbus. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) Truckaurbus.com are at your own responsibility and entered into at your own risk. Any information that you receive via Truckaurbus.com, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.
a) What we promise:
Truckaurbus promises to develop and operate Truckaurbus.com with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware.
b) What we do not promise:
Truckaurbus does not provide any other promises or warranties about Truckaurbus.com and the Truckaurbus Content. Truckaurbus.com and the Truckaurbus Content are provided on an “as is” and “as available” basis. This means that Truckaurbus does not make any promises in respect of Truckaurbus.com or the services and functions available on or through Truckaurbus.com or of the quality, completeness or accuracy of the information published on or linked to from Truckaurbus.com other than as expressly stated above.
The above disclaimers apply equally to your use of Truckaurbus.com and all Truckaurbus Content. Without limiting the above, Truckaurbus is not liable for matters beyond its reasonable control. Truckaurbus does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.
c) Our financial responsibility to you:
You agree that if we are in breach of these terms and conditions, we will only be responsible to you for any damages that you incur arising out of your use of Truckaurbus.com or the Truckaurbus Content (to the extent that Truckaurbus’s liability is not otherwise excluded by this section) as follows:
If you incur any loss as a result of using Truckaurbus.com or any Truckaurbus Content outside the scope of these terms and conditions, Truckaurbus accepts no responsibility (liability) to you for this.
You will be responsible for all claims, liabilities, damages, cost and expenses suffered or incurred as a result of your breach of these terms and conditions.
Truckaurbus will only be responsible for loss or damage you suffer which is the reasonably foreseeable result of Truckaurbus’s breach of a legal duty of care owed to you.
Truckaurbus will not be responsible to you for any loss or damage suffered by your business, such as lost data, lost profits or any business interruption.
If you have a purchased a plan then you may terminate your plan immediately in writing to Truckaurbus if Truckaurbus.com is unavailable or inaccessible to you for either (a) more than 3 consecutive days during your plan; or (b) more than 5 days in a 30 day period, as a result of the fault or failure of Truckaurbus, in which case we will refund you any amount that you have paid to us in advance that relates to any period which was still to run on your acquired plan. You may instead at your option receive a renewal to your plan free-of-charge at the point of renewal.
To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the Truckaurbus Content.
Truckaurbus’s liability will not be limited in the case of death or personal injury directly caused by Truckaurbus’s negligence in those countries where it is unlawful for Truckaurbus to seek to exclude such liability.
We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:
Changes to Terms and Conditions
These terms and conditions were published on 22nd December 2014 and replace with immediate effect the terms and conditions previously published on 21st September 2014. The only change was to 'Exclusion of Liability and Limitations of Truckaurbus Content', to reflect the fact realtime data may not always be realtime for the end user.