Terms and Conditions
- User Terms and Conditions
- Micro-Site Terms and Conditions
- Commercial Motor Used Trucks Terms and Conditions
- Disclaimer
User Terms and Conditions
1. General
This Website is owned and operated by Road Transport Media Ltd and is made available on the following terms and conditions. By using the Website you accept these terms and conditions, which shall be interpreted according to the laws of England.
2. Data Protection
Road Transport Media Ltd's use of personal information supplied by you when you use this Website is governed by our privacy policy.
3. Licence
3.1 Road Transport Media Ltd grants you a non-exclusive licence to access and use the content in this Website for your personal purposes. You may not reproduce or distribute any part of the content for commercial purposes.
3.2 You acknowledge that the copyright, database rights and all other intellectual property rights comprised in or relating to this Website and in the data it contains belongs to Road Transport Media Ltd and its licensors.
4. Changes to the Website
Road Transport Media Ltd may at any time make alterations to or to withdraw this Website or any part of it.
5. Limitation of Liability
5.1 Road Transport Media Ltd excludes all warranties, express or implied relating to this Website. This includes, but is not limited to, any implied warranty that the information it contains is accurate or up-to-date or is suitable for any particular purpose. Road Transport Media Ltd shall not be liable for any loss or damage suffered as the result of the use of this Website.
5.2 Assistance given by means of any Help Desk facility shall be solely at your risk.
Micro-Site Terms and Conditions
1. The following terms and conditions, in addition to the Road Transport Media Ltd Advertising Conditions of Acceptance, shall be incorporated into all contracts for Micro-Site advertising ("Micro-Site Contracts") accepted by Road Transport Media Ltd ("RTM"). The Billing Schedule shall form part of the Micro-Site Contract. For the purpose of these conditions:
- "Billing Schedule" shall mean the schedule for the fees payable by the Advertiser to RTM;
- "Change Request Notice" shall mean the notice to request a change to the Design Plan;
- "Design Plan" shall mean the design plan for the Micro-Site.
- "Micro-Site" shall mean the web-site designed by RTM for the Advertiser.
2. Micro-Site Hosting
2.1 RTM shall host the Micro-Site.
2.2 Access to the Micro-Site shall be via links from RTM's website.
3. Micro-Site Development and Design Plan
3.1 RTM will design and develop the Micro-Site in accordance with the Design Plan.
3.2 RTM and the Advertiser will meet to develop the Design Plan as soon as possible after the Micro-Site Contract has been agreed. Once agreed, the Design Plan shall form part of this Micro-Site Contract.
4. Project Management
4.1 RTM and the Advertiser shall each appoint a representative to act as a single point of contact between the parties on all matters relating to the Design Plan and shall promptly notify the other party in writing if that person is replaced by another member of staff.
4.2 RTM shall be entitled to rely absolutely on the representations, statements and acts of the person appointed by the Advertiser in Clause 4.1 as being authorised by the Advertiser.
4.3 The parties shall hold meetings regularly (at a frequency to be agreed between the parties) during the development of the Micro-Site to review the progress and content of the Micro-Site.
4.4 The Advertiser shall ensure that the meetings are attended by the appropriate employees of the Advertiser .
4.5 The Advertiser will procure that all reasonable information, assistance and access to premises is provided promptly to RTM and its representatives in order to carry out the development of the Micro-Site.
5. Change Control Procedure
5.1 All changes to the Design Plan will be processed through the following change control procedure.
5.2 Either party may propose any change to the Design Plan by serving on the other a Change Request Notice. The Advertiser may request the form or content of the visitor data on the Micro-Site to be altered by serving a change request notice on RTM.5.3 Following service of a Change Request Notice, RTM shall, as soon as practicable, indicate whether, if the Change Request Notice relates to the form of content of visitor data, it is able to provide the requested form and content, and, for all Change Request Notices, provide to the Advertiser a quotation of any extra fees incurred by such a change and an analysis of the impact on any key dates specified in the Design Plan.
5.4 If the Advertiser wishes to proceed with the change to the Design Plan, it shall notify RTM as soon as possible after receiving the quotation referred to in 5.3 above. RTM reserves the right to revise its quotation if the Advertiser notifies RTM more than 7 (seven) days after receiving the quotation.
6. Publication of the Micro-Site
6.1 RTM will make the Micro-Site available for access from RTM's web-site within 7 (seven) days of receiving a duly signed Completion Certificate from the Advertiser.
6.2 On completion of the development of the Micro-Site, the Advertiser shall sign a Completion Certificate and deliver the same to RTM.
7. Maintenance of the Micro-Site
7.1 Following publication of the Micro-Site, RTM will maintain the Micro-Site for the duration of the Micro-Site Contract.
7.2 Maintenance of the Micro-Site will include maintaining all links from RTM's web-site to the Micro-Site, diagnosing and using reasonable endeavours to correct any defects in the Micro-Site as soon as practicable after such defect is notified to RTM by the Advertiser, and, subject to the Change Control Procedure, updating the content of the Micro-Site at the request of the Advertiser.
8. Suspension of the Micro-Site
8.1 It is acknowledged by the Advertiser that it is vital to the success of RTM's web-site that data on the Micro-Site is complete, accurate and up-to-date. In the event that RTM, in its reasonable opinion, believes that the data on the Micro-Site is not complete, accurate or up-to-date, it may, at its sole discretion, suspend public access to the Micro-Site.
8.2 In the event that RTM receives a notice from a third party that the content of the Micro-Site either infringes a third party's proprietary rights or is in breach of any statutory provision or regulatory requirement in any country or contains defamatory material, RTM may, at its sole discretion, suspend public access to the Micro-Site.
8.3 In the event that RTM suspends public access to the Micro-Site pursuant to 8.1 or 8.2 above, it shall promptly notify the Advertiser that it has done so. Once the Advertiser, in the reasonable opinion of RTM, has complied with its obligations under 8.1 above or (as the case may be) shows to the reasonable satisfaction of RTM that the circumstances leading to the suspension of the Micro-Site pursuant to 8.2 above have been remedied, RTM shall use reasonable endeavours to re-enable the suspended Micro-Site.
9. Fees
9.1 In consideration of RTM designing and developing the .Micro-Site, the Advertiser will pay to RTM a Micro-Site development fee.
9.2 The Advertiser will pay all fees in accordance with the Billing Schedule.
9.3 No fees, once invoiced by RTM, including the Micro-Site development fee, shall be refundable under any circumstances whatever.
10. Advertiser Logo
10.1 The Advertiser shall supply to RTM artwork of the logo it wishes to use. If the artwork is not supplied to RTM in an electronic medium, the artwork will be of sufficient quality to enable RTM to scan it for electronic use. The Advertiser's logo will be shown on the Micro-Site and RTM's web-site.
11. Indemnity and Warranties
11.1 The Advertiser shall indemnify, hold harmless and keep indemnified RTM against all loss, claims, costs and expenses (including reasonable legal expenses) and damages incurred by RTM as a direct or indirect result of data on the Micro-Site not being accurate, complete or up-to-date, as a result of any product liability claim brought against RTM by any person relating to any product sold by the Advertiser, and/or as a result of any claim or threatened claim brought by any person that the use or sale or offering for sale of any item or service of the Advertiser or that RTM's use of the Advertiser's logo in accordance with the terms of this Agreement, constitutes an infringement of a third party's proprietary rights, and/or as a result of any claim from a breach of the warranties in 11.3 below.
11.2 RTM warrants that it will use its reasonable endeavours to ensure the accuracy of the visitor data and that it shall use reasonable skill and care in the development of the Micro-Site and the provision of the Micro-Site maintenance services. For the avoidance of doubt, RTM does not warrant, represent or undertake that the RTM web-site or the Micro-Site will be error-free or operate without interruption.
11.3 The Advertiser warrants and undertakes that:
(a) it has full authority to promote and offer for sale all products (whether hardware or software) and services through the Micro-Site;
(b) it will obtain all necessary regulatory consents and clearances for the content of the Micro-Site prior to the issue of the Completion Certificate;
(c) the content of the Micro-Site and the act of making it available for public access does not contravene any statutory provision or regulatory requirements in any country;
(d) if the content of the Micro-Site is regulated by the Financial Services Act 1986 ("FSA") , that the Advertiser is an authorised person (for the purposes of the FSA) or that the content of the Micro-Site was approved by an authorised person (for the purposes of the FSA) or that the content of the Micro-Site was permitted under Section 58 of the FSA;
(e) any content for the Micro-Site supplied by the Advertiser does not infringe the proprietary rights of any third party.
12. Intellectual Property Rights
12.1 All intellectual property rights created as a result of the development of the Micro-Site by RTM shall vest solely in RTM.
12.2 Nothing in the Micro-Site Contract shall operate so as to transfer any intellectual property rights to the Advertiser.
13. Confidentiality
13.1 All confidential information given by either party to the other or otherwise obtained, shall be treated by the other party, its employees, agents and sub-contractors as confidential and not used other than for the benefit of the disclosing party and shall not be disclosed to any third party without the prior written consent of the disclosing party except to the extent required by law.
13.2 The provisions of 13.1 above shall not apply to any information which:
(a) is or becomes public knowledge other than by breach of clause 13.1;
(b) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party;
(c) is received from a third party who lawfully acquired or developed it and who is under no obligation restricting its disclosure;
(d) must be disclosed by the disclosing party in the discharge of its obligations to supply information for parliamentary, governmental or judicial purposes.
13.3 This clause shall remain in full force and effect notwithstanding the termination of the Micro-Site Contract.
14. Term and Termination
14.1 The Micro-Site Contract shall take effect from the date that the Billing Schedule is signed by the Advertiser.
14.2 The Advertiser may terminate the Micro-Site Contract at any time on written notice to RTM.
15. General
15.1 RTM may sub-contract its obligations under the Micro-Site Contract in whole or in part to any affiliate company of RTM.
15.2 The Advertiser shall not assign its rights or sub-contract its obligations under the Micro-Site Contract without the prior written consent of RTM.
15.3 RTM shall not be or be deemed to be an agent of the Advertiser and shall at all times be an independent contractor. Nothing in the Micro-Site Contract shall be construed so as to create any partnership or contract of employment between the parties.
15.4 If any provision of the Micro-Site Contract that is not of a fundamental nature is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Micro-Site Contract shall not be affected thereby.
15.5 Neither party has entered into the Micro-Site Contract in reliance on any warranty, representation or undertaking of the other party (whether implied or expressed) other than those warranties, representations and undertakings expressly set out herein.
15.6 The Micro-Site Contract represents the entire understanding between the parties and supersedes all prior agreements relating to the subject matter hereof.
Commercial Motor Used Trucks Terms and Conditions
By submitting an advertisement to the RCommercialmotor.com/Commercial Motor Used Trucks website, you are deemed to have accepted the terms and conditions laid out here. These terms and conditions and the contract of which they form part shall be governed by English law. All references to "the buyer" refer to the user applying to place an advertisement for a product on the Commercialmotor.com/Commercial Motor Used Trucks website. All references to "the website" refers to the Commercialmotor.com/Commercial Motor Used Trucks internet site. All references to "us" refers to Commercialmotor.com/Commercial Motor Used Trucks, a division of Road Transport Media Ltd.
This service offers the facility to compose and place an advertisement for a commercial vehicle for sale or wanted on the Commercialmotor.com/Commercial Motor Used Trucks website.
Duration of placement:
Advertisers are offered the option of placing an advertisement for a period of 28 days from the date of first publication on the website.
Price:
The price of a standard on-line advertisement on Commercialmotor.com/Commercial Motor Used Trucks is £14.99 (excluding VAT) for 28 days.
Processing your advert:
The advert copy you supply must be legal, decent, honest and truthful and must comply with the British code of Advertising. Commercialmotor.com/Commercial Motor Used Trucks may amend the advertisement to ensure compliance with these requirements. Commercialmotor.com/Commercial Motor Used Trucks is not able to verify the truthfulness of any statements (including the authenticity of photographs) made by a customer in the advertisement copy.
Accordingly, the customer shall be responsible for any losses, expenses or other costs incurred by Commercialmotor.com/Commercial Motor Used Trucks caused by an untrue statement or inaccurate photograph supplied by the customer.
In order to meet the technical and production requirements of the website, Commercialmotor.com/Commercial Motor Used Trucks reserves the right to edit, amend or alter the copy or photograph supplied by the customer. Where possible - Commercialmotor.com/Commercial Motor Used Trucks will contact the customer to inform them of these changes prior to the changes being made.
In the event that Commercialmotor.com/Commercial Motor Used Trucks is unable to accept an advertisement for any reason, we will attempt to inform the customer of this if at all possible. In the event that we reject the advertisement, no charge will be incurred by the customer.
The copyright in all adverts (including text and photographs) shall be owned by us and you hereby assign all such copyright to us.
Payment mechanism available & level of security offered:
Payment for on-line advertisements must be made through our website. To process card payments we will refer you to WorldPay, who will take payment via a secure server (SSL) connection to ensure the safety of your payment on-line. Payment can be made using Visa, Mastercard, Delta, American Express, Solo and Switch. No other payment method can be accepted.
While every effort is made to ensure the safety of your credit card transaction, Commercialmotor.com/Commercial Motor Used Trucks can not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.
How and when your order will be confirmed:
As soon as an advertisement has been accepted for carriage, a confirmation email will be sent to the advertiser explaining that the advertisement has gone live on the site. In the event that an advertisement has been rejected for carriage, Commercialmotor.com/Commercial Motor Used Trucks will send an email to the customer explaining whom they need to contact in order to find out why their advertisement has been rejected.
How you can change and delete your advert once live:
Once your advert has been accepted onto the website, a confirmation email will be sent to you with details on how to amend or renew your advert once it's live on the site.
If you're experiencing any difficulties, please email: truckmart.classified@roadtransport.com.
Liability:
Commercialmotor.com/Commercial Motor Used Trucks will need to carry out routine maintenance and service of its servers and equipment. While Commercialmotor.com/Used Trucks seeks to keep disruption to a minimum, it does not guarantee that the advertisement will be continuously available on-line for the duration of the advert.
Where an advertisement does not appear on the website despite confirmation being sent to the advertiser, the customer will be entitled to an additional free week's carriage or a refund of the advert price, unless the omission, cancellation or mismatch was caused by unforeseen circumstances beyond the reasonable control of Commercialmotor.com/Commercial Motor Used Trucks or breach of contract by the customer.
Commercialmotor.com/Commercial Motor Used Trucks's liability for breach of contract or negligence shall not exceed an amount equal to the price of the advert or series of adverts involved, provided that nothing in this clause shall limit Commercialmotor.com/Commercial Motor Used Trucks's liability for death or personal injury caused by our negligence or that of our service or agents. English law shall govern the terms and conditions of this contract of which they form a part.
Registered office: Road Transport Media Ltd, 5 The Courtyard, Timothy's Bridge Road, Stratford-upon-Avon, Warwickshire CV37 9NP
Disclaimer
No part of this publication may be reproduced or transmitted by any means, electronic, mechanical, (including photocopying), recording or by any information storage and retrieval system, without prior permission from the copyright owners.
Commercial Motor/Motor Transport/Truck and Driver are published by Road Transport Media Ltd, NINE Sutton Court Road, SM1 4SZ, Great Britain.
This site contains links to external sites. Road Transport Media Ltd is not responsible for, and has no control over, the content of such sites. Information on this site, or available via hypertext link from this site, is made available without responsibility on the part of Road Transport Media Ltd.
Road Transport Media Ltd disclaims all responsibility and liability (including negligence) in relation to information on or accessible from this site.
Road Transport Media Ltd
Registered Office:
5, The Courtyard
Timothy's Bridge Road
Stratford upon Avon
Warwickshire
CV37 9NP
Registered in England under Company No. 07464854
© 2011 Road Transport Media Ltd