TERMS & CONDITIONS

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our ‘Privacy and Cookies Policy’.

2. Copyright Notice

2.1 Copyright (c) 2019 Iconic Car Competitions Ltd.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights and the material on our website; and

(b) all the copyright and other intellectual property rights and the material on our website are reserved.

3. Licence to Use Website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal purposes and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable Use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Registration and Accounts

5.1 To be eligible for an account on our website under this Section 5, you must be a resident in the United Kingdom and you must be at least 18 years old.

5.2 You may register for an account with our website by completing and submitting the account registration form on our website.

5.3 You must not allow any other person to use your account to access the website.

5.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.5 You must not use any other person’s account to access the website.

6. User Login Details

6.1 If you register an account on our website, you will be asked to provide your e-mail address and create a username and password.

6.2 Your username must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or username for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and Suspension of Account

7.1 We may:

(a) suspend your account;

(b) cancel your account; and / or

(c) edit your account details,

at any time at our sole discretion without notice or explanation.

7.2 You may cancel your account on our website by contacting us using our contact form

8. Competitions

8.1 This Section 8 applies to all competitions that are promoted on and run through our website.

8.2 To be eligible to enter a competition:

(a) you must be at least 18 years old, permanently resident in the United Kingdom and a registered user of our website; and

(b) you must not be an Iconic Car Competitions Ltd employee or involved in the running of our website.

8.3 To enter a competition you must be a registered user and complete the competition entry form on our website.

8.4 The cost to enter is set out in each competition on our website, along with details of our alternative free entry route.

8.5 If you wish to enter any of our competitions for free, you must:

(a) send your entry on an unenclosed post card and send by 1st class post;

(b) ensure your entry is received before the competition closes;

(c) have a registered account on our website;

(d) ensure your entry includes the following:

– Full Name

– Address (including Post Code)

– Contact Number

– Email Address

– Date of Birth

– Name of the competition you wish to enter

– Answer to the question for the competition you wish to enter

Free entries are limited to one entry per postcard, per competition.

We will check the post for free entries on Mondays only.

Competition entries will not be returned. Please, therefore, keep a copy of your competition entries.

8.6 The maximum number of entries for a competition shall be as specified on each competition on our website. Once this number of entries have been received, the competition will be closed to new entries, notwithstanding the published closing date.

8.7 A competition shall open for entries at the time and on the date specified on our website, and similarly shall close to entries at the time and on the date specified on our website. Unless otherwise stated on the website, these times and dates will be GMT.

8.8 A valid competition entry will require you to correctly answer a question exercising skill, judgement and / or knowledge. These terms and conditions apply to all competitions organised through our website.

8.9 Only competition entries with the correctly answered question will be entered in to the draw. Failure to answer the question correctly via the website will result in the entrant still being charged.

8.10 No refunds will be issued at any time, for any reason, except if we cancel a competition as detailed in 8.15.

8.11 Competition prizes shall be specified on our website.

8.12 If a competition entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances.

8.13 Competitions may be extended up to 4 times if the competition does not reach the required number of entries.

8.14 Competitions will automatically be closed once the maximum number of entries have been received. The draw date will be announced on our website and an email will be sent to all of the entrants.

8.15 We reserve the right to cancel a competition at any given time without prior notice. If this should happen, we will return all entry fees in full within 7 days. We shall have no further liability to you or any other person.

8.16 The winner will be drawn using cutting edge automated software which we have no influence or control over.

8.17 There will only be one winner per competition.

8.18 Once a winner is drawn, our decision is final. No correspondence will be responded to about the result.

8.19 Competition prize winners will be notified of the competition result by email and telephone not more than 7 days following the closing date of the competition, and will receive their prizes not more than 30 days following that closing date.

8.20 You agree that the usual requirement under the Consumer Protection (Distance Selling) Regulations 2000 for any goods and services ordered online to be supplied within 30 days will not apply to this Prize Competition.

8.21 In the unlikely event that a prize is unavailable (e.g. due to theft or damage), we will offer the winner a cash prize. The cash prize will be the amount raised in entries minus 30% for fees (admin, marketing and merchant fees).

8.22 The results of a competition will be announced on our website within 30 days following the closing date of the competition. The announcement will include the first name, surname, age, town or region of residence and prize details of each prize winner.

8.23 You warrant to us that you created your competition entries, that you own all of the copyright in those entries, and that our use of the entries in accordance with these terms and conditions will not infringe any person’s intellectual property rights or other legal rights.

8.24 You grant to us an exclusive, worldwide, royalty-free, perpetual and irrevocable licence to copy, store, edit, distribute, transmit and publish your competition entries. You also grant to us a right to sub-license these rights.

8.25 To the maximum extent permitted by applicable law, you irrevocable and unconditionally waive your rights to be identified as the author of your competition entries and to object to any derogatory treatment of your competition entries.

8.26 We may undertake publicity activities relating to competitions and prize awards. We may publish and / or arrange for the publication of prize winners’ first names, surnames, ages, towns or regions of residence and prize details.

8.27 Smaller prizes will be despatched to the winner within 7 days by courier.

8.28 Larger prizes will need to be collected and it will be the sole responsibility of the winner, unless agreed otherwise. Prizes will need to be collected from us in Worcestershire.

8.29 We will transfer the prize to the winner using the V5 document. This must be completed before the prize is handed to the winner.

8.30 We will not accept any responsibility for taxing and insuring any vehicle. This will be the sole responsibility of the winner.

8.31 On collection, we will require the winner to provide proof of identity and this must match the details provided on the competition entry form.

8.32 We do not issue any valuation for any vehicle, guarantee the road worthiness of a vehicle or offer any warranties of any kind. This must be decided by the entrant before entering the competition.

8.33 The winner agrees to have photographs and / or videos with their prize after they win. These photographs and videos will be used for our website and promotional purposes.

8.34 We will not be held liable for any errors, omissions or inaccuracies in the descriptions, specifications and details of the prizes on our website or any other part of our website. It is the entrants / winner’s responsibility to clarify such detail.

9. Your Content: Licence

9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your Content: Rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

10.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

10.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

10.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

11. Report Abuse

11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

11.2 You can let us know about any such material or activity by email.

12. Limited Warranties

12.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

13. Limitations and Exclusions of Liability

13.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a) are subject to Section 13.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3 To the extent that our website and the information on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

14. Indemnity

14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

15. Breaches of These Terms and Conditions

15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and / or

(g) suspend or delete your account on our website.

15.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and / or using a different account).

16. Third Party Websites

16.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

16.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

17. Trademarks

17.1 Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

17.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

18. Variation

18.1 We may revise these terms and conditions from time to time.

18.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

18.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

19. Assignment

19.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and / or obligations under these terms and conditions.

19.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and / or obligations under these terms and conditions.

20. Severability

20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and / or unenforceable, the other provisions will continue in effect.

20.2 If any unlawful and / or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21. Third Party Rights

21.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

21.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

22. Entire Agreement

22.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

23. Law and Jurisdiction

23.1 These terms and conditions shall be governed by and construed in accordance with English law.

23.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

24. Statutory and Regulatory Disclosures

24.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

24.2 These terms and conditions are available in the English language only.

25. Our Details

25.1 This website is owned and operated by Iconic Car Competitions Ltd.

25.2 We are registered in England and Wales under registration number 12314170, and our registered office is at 14 Victoria Square, Droitwich Spa, Worcestershire, WR9 8DS.

25.3 You can contact us:

(a) by post, to Iconic Car Competitions Ltd, PO Box 17779, Bromsgrove, B60 9NL

(b) by email, using the email address published on our website.