MBOA Directory
 
Terms and Conditions  

This website is not in any way connected or affiliated with the Daimler Chrysler Group. The Mercedes-Benz Owners is a completely independent organisation. Any information displayed on this website has not been approved by the Daimler Chrysler Group and the products or services we sell or advertise via this website have not been endorsed by the Daimler Chrysler Group. The Daimler Chrysler Group are the proprietors of the Community Trademarks "Mercedes", "Mercedes-Benz" and the three pointed star logo.

  1. These User Terms

    1. In accordance with the following user terms ('User Terms'), Owen Newman Publications Ltd grants to you as an authorised user ('you') of this www.mercedesspecialistfinder.co.uk web site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations.

    2. Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms.

    3. These User Terms should be read in conjunction with Owen Newman Publications Limited's privacy policy. If you are advertising any goods and/or services on our Web Site via the internet, you should read our Advertising Terms & Conditions and our Conditions of Acceptance of Advertising.

    4. If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.

  2. Licence to Use Material on the Web Site

    1. Owen Newman Publications Limited grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('Owen Newman Publications Limited Material') on the basis set out in Clause 2B.

    2. You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these User Terms) and store the Owen Newman Publications Limited Material for your own personal, non-commercial use provided that you do not:

      1. remove any notices relating to the ownership of copyright or other intellectual property rights in the Owen Newman Publications Limited Material;

      2. modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the Owen Newman Publications Limited Material;

      3. rent, lease, sub-licence, loan, copy or give or transfer any rights in the Owen Newman Publications Limited Material in any form, to any person or entity without the prior written consent of Owen Newman Publications Limited

    3. Any product, process or technology referred to in the Owen Newman Publications Limited Material may be subject to other intellectual property rights of Owen Newman Publications Limited and are not made available hereunder.

  1. Ownership of Intellectual Property Rights

    1. Notwithstanding the limited rights granted to you in accordance with Clause 2, Owen Newman Publications Limited retains all ownership, title and interest in the intellectual property rights contained in the Owen Newman Publications Limited Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world.

  1. Duration of User Terms and Termination

    1. These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:

      1. you breach any of the terms of the licence granted to you in accordance with Clause 2;

      2. Owen Newman Publications Limited terminates these User Terms by notice to you at any time in accordance with Clause 9B; or

      3. you terminate these User Terms by notice to Owen Newman Publications Limited at any time in accordance with Clause 9A.

    1. In the event that these User Terms are terminated for any of the reasons stated above, you agree to comply with the following obligations:

      1. the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the Owen Newman Publications Limited Material;

      2. you must delete or destroy any of the Owen Newman Publications Limited Material stored by you in electronic or hard copy form as soon as reasonably practicable; and

      3. you will have no further rights to access or use the Web Site or any of the services provided on the Web Site.

  1. Owen Newman Publications Limited's Responsibilities

    1. Owen Newman Publications Limited undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.

    2. The Web Site is provided by Owen Newman Publications Limited on an "as is" and "as and when available" basis to you. You use the Web Site at your own risk.

    3. Owen Newman Publications Limited makes no representation or warranty that the Web Site or services offered via the Web Site will be accessible, or useable by you or error free. Owen Newman Publications Limited uses reasonable efforts to include accurate and up-to-date information on the Web Site. The information, documents or other items provided or available on this Web Site could include technical inaccuracies or typographical errors. Owen Newman Publications Limited makes no warranties or representations as to its accuracy. Owen Newman Publications Limited assumes no liability or responsibility for any errors or omissions in the content on the Web Site.

    4. Owen Newman Publications Limited is not an agent for and does not represent those persons, companies and other organisations whose goods or services may be displayed or referred to on the Web Site.

    5. The advertisements placed on the Web Site by you or any other third party do not constitute any part of an offer or contract. Owen Newman Publications Limited makes no warranty or representation that the items advertised for sale via the Web Site are offered: (i) free of encumbrance, charge or any other unexpired right in the item; or (ii) that such advertising is a statement or representation of fact. You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase such item.

    6. Owen Newman Publications Limited reserves the right, without notice to you, to remove any Material from the Web Site or to suspend or alter the operation of the Web Site or any of the services on the Web Site, at its sole discretion or for legal or technical reasons. Owen Newman Publications Limited will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. Owen Newman Publications Limited may make improvements and/or changes to the information or documents provided or available on this Web Site at any time.

    7. Owen Newman Publications Limited may make available to you information based on the opinion of Owen Newman Publications Limited or on the opinion of an affiliate of Owen Newman Publications Limited. You should not rely upon any such opinion as a recommendation by Owen Newman Publications Limited of the goods or services available on the Web Site. Professional advice should be sought before purchasing any item on the Web Site or before entering into any legally binding agreement.

  1. Your Responsibilities

    1.  

      1. to send or distribute multiple unsolicited emails or messages (i.e. 'spam') or to cause any other person annoyance, inconvenience or worry;

      2. for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.

    2. You agree to indemnify Owen Newman Publications Limited against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or the services on the Web Site in contravention of these terms and conditions, in particular Clauses 6A and 6B. Further, in these circumstances, Owen Newman Publications Limited shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by Owen Newman Publications Limited forthwith, without notice to you.

  1. Disclaimers

    1. Owen Newman Publications Limited has used its discretion, best judgement and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on this Web Site, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights. Owen Newman Publications Limited hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by errors or omissions in the information, documents or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause.

    2. Your use and browsing of the Web Site is at your risk. Neither Owen Newman Publications Limited nor any other party involved in creating, producing, or delivering the Web Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site.

    3. Whilst Owen Newman Publications Limited has used all reasonable efforts in maintaining this Web Site virus free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data, or downtime.

    4. This Web Site may contain links or references to third party materials and web sites that are controlled and operated by parties other than Owen Newman Publications Limited. The links will let you leave the Web Site and Owen Newman Publications Limited is not responsible for any contents of third party materials, any linked site or any link contained in a linked site. The inclusion of any reference or link on the Web Site does not imply endorsement, publication, permission or authorisation by Owen Newman Publications Limited of the linked site. If you decide to access linked third party web sites or materials, you do so entirely at your own risk. Owen Newman Publications Limited is providing these links and references only as a convenience. You should read the applicable user terms and privacy policy of the linked third party web site before entering into an agreement with or purchasing from the third party, linked to the Web Site.

    5. Owen Newman Publications Limited is not and will not be a party to, or responsible for, any transaction concerning items advertised for sale on the Web Site. All agreements are entered into by you and the third party advertiser and/or third party providing the goods and/or services only.

    6. The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

  1. Notices

    1. You may send a legal notice to Owen Newman Publications Limited, or any questions you may have concerning these User Terms by e-mail to support@mercedesspecialistfinder.co.uk. Such notices will be effective within 3 days of receipt by Owen Newman Publications Limited.

    2. Owen Newman Publications Limited may send you notice by general notice on this Web Site, by email to your email address on record with Owen Newman Publications Limited, or by post to the geographical address on record with Owen Newman Publications Limited. Such notice will be effective if sent by email or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by Owen Newman Publications Limited.

  1. General

    1. Owen Newman Publications Limited reserves the right to add to or change the terms of these User Terms in its sole discretion without your prior consent. All changes to the User Terms will be effective once posted on the Web Site. Owen Newman Publications Limited will provide notice on the Web Site of any changes to the User Terms for 30 days after Owen Newman Publications Limited has posted the amended User Terms on the Web Site. Your continued use of the Web Site or any of Owen Newman Publications Limited's services available on the Web Site following Owen Newman Publications Limited's posting of such changes will be regarded by Owen Newman Publications Limited as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use any of Owen Newman Publications Limited's services on the Web Site in the future.

    2. No variation or amendment to these User Terms by you is valid unless otherwise agreed by Owen Newman Publications Limited in writing and signed by a duly authorised representative of Owen Newman Publications Limited and you.

    3. If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.

    4. Your use of the internet is solely at your risk and subject to all applicable laws, and Owen Newman Publications Limited has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet. Owen Newman Publications Limited does not assume any liability for timely, trouble-free and uninterrupted access to the internet.

    5. These User Terms do not affect any consumer rights that you may have under the provisions of any applicable law or regulation.

    6. These User Terms shall be governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts Owen Newman Publications Limited makes no representation that any information, materials or functions included are appropriate for use in any other jurisdiction. If you access the Web Site you do so on your own initiative and are responsible for compliance with applicable local laws and regulations.

Advertising T&C’s

Terms and Conditions for placing advertisements with Mercedescarfinder.co.uk

  1. Advertisements will appear on the site after they are received and processed. You will receive a confirmation email by return.

  2. You may send new updates for your ad at any time to amend the wording, image, contact details, video, by contacting mark.sykes@mercedesclub.org.uk

  3. Cancellation of your advertisement – See Cancellation details below.

  4. Once submitted, offline advertisements cannot be cancelled.

  5. All major UK credit / debit cards are accepted (except AMEX). All prices include VAT.

Conditions Of Acceptance Of Advertising

Owen Newman Publications Limited

Conditions of acceptance of advertisements for Owen Newman Publications Limited

1. The following conditions apply to the placing of an order for insertion of advertisements in printed or electronic publications of Owen Newman Publications Limited. (“Exchange Enterprises&rdqou;). Each order will form a separate agreement and English law will apply. Any change to these conditions must be agreed by us in writing (which means by exchange of letter, fax or email). An “advertiser&rdqou; means any person or organisation placing an advertisement on their own account or on behalf of another.

 

Contents

2. The advertiser confirms that the advertisement complies with all applicable legislation, regulations and codes of practice, including the British Code of Advertising Practice. We may reject or require changes to any advertisement so as to comply with legal or moral obligations placed on us or the advertiser; to avoid infringing the rights of a third party or any relevant code of practice; or to meet our production and quality specifications.

3. The advertiser further confirms that: i) the publication of the advertisement will not breach any contract, infringe the copyright, trademark or other right of any third party and is not libellous of any person; ii) all licences and consents from third parties necessary for the publication of the advertisement have been obtained and paid for, including consent from living persons identified in copy or pictures (photographic or otherwise); iii) the advertisement does not unlawfully discriminate on grounds of age, sex, race or religion; iv) the advertisement is not promoting illegal goods and/or services; v) in respect of a financial advertisement (including insurance), the contents have been approved by, or the advertiser is, an authorised person within the meaning of the Financial Services and Markets Act 2000 as may be amended or replaced, or the advertisement is otherwise permitted under that Act; vi) in respect of credit or hire advertisements, the contents comply with the Consumer Credit (Advertisements)(Amendment) Regulations 2007, as may be amended or replaced. 4. An advertiser using a third party service provider shall be solely responsible for ensuring the accuracy of copy and the timeliness of its delivery.

 

Payment

5. All advertisements must be paid for in full at the time of booking unless you already have an account with Owen Newman (Publications) Ltd or credit has been agreed.

The price shall be the amount fixed by our published rate card on the date of acceptance of the order plus VAT where applicable. For non-credit advertisers, we will cancel publication of an advertisement that has not been paid for on time. For credit advertisers, interest will be charged on late payments at the rate of 3% above the Bank of England’s base lending rate from the date payment is due together with the administration costs of collecting an overdue debt.

6. By placing an order with us, an advertising agency confirms that it contracts as principal with full authority from its client in all matters connected with the order and is responsible for all payments due. We will only accept advertisements from advertising agencies if they are recognised by us.

7. We will try to give notice of increases, but we reserve the right to change our advertising rates at any time. This will not affect any fixed-term agreement for a series of advertisements. 28 days notice will be given in respect of increases for advertisements booked “until cancelled”.

 

Cancellation

8. Print advertisements: After an order is placed, advertisements booked on a series contract, in special positions or on gloss paper may be cancelled no later than 14 days before publication. All other orders for print advertisements may be cancelled up until the Friday prior to publication.

Web advertisements: Online advertisements are booked on an “until cancelled” basis; online trade advertisements may be cancelled only after a minimum of 13 weeks publication on 28 days notice but without further liability.

Private advertisers have rights of cancellation before publication under distance selling regulations, but no refund shall be available after any relevant cancellation deadline unless cancellation is due to our negligence.

On cancellation of any order, we will make reasonable efforts to re-sell the space, but the advertiser will be liable for the price if the space is not sold and we will reclaim any unearned volume-based discount. A stop code will be given at the time of any cancellation and must be retained for future reference. Cancellations will only be accepted if notified directly in writing to Owen Newman Publications Limited. If copy and other contents are not received in full by the relevant cancellation deadline, we will not be liable if the advertisement does not appear, but the advertiser will remain liable for the price.

9. We will try to satisfy an advertiser’s request regarding the positioning of an advertisement, but no guarantee of position can be given unless agreed by us and paid for at the applicable premium rate.

 

Errors

10. We are not liable for any error, misprint or non-appearance of an advertisement unless caused by our negligence, in which case the advertiser will be entitled to a re-insertion or proportionate refund. The advertiser is solely responsible for checking the advertisement on each insertion and ordering correction where necessary. Except where we have been negligent, we shall not be liable for the repetition of an error which is not notified to us in time for correction. Nor are we liable for an error or misprint that, in our reasonable opinion, does not materially detract from the advertisement. We shall not be liable in any case for losses relating to any business or public fund-raising of the advertiser, such as lost customers, revenue or profit.

 

Copyright

11. Advertisements are accepted on condition that we have the right to publish and distribute them in all editions in any form or medium, including online and digital facsimile. The copyright in work or material we contribute to or re-work for an advertisement belongs to us. We will dispose of advertiser’s copy, artwork, photographs or other materials after six months unless collected.

 

General

12. We shall not be liable if our publishing activities are restricted or prevented by any law, act or event beyond our reasonable control (including, for example, industrial dispute). In such case, the advertiser shall accept publication when available or otherwise may cancel the order by written notice and pay only for work done and materials used.

13. We will use the advertiser’s personal details for internal administration and share financial details with credit reference agencies (who will share the information with other businesses for credit reference purposes). Unless the advertiser tells us not to in writing at any time, we may also share such details with other Newman Group companies or with carefully selected third parties, who may send information about goods and services.

14. The advertiser will be liable to pay us for all our costs, losses, expenses and damages of any kind (including legal costs) suffered or incurred by us as a result of legal claims or actions, actual or threatened, arising from the advertiser’s breach of these conditions or the publication of the advertisement, unless caused by our own negligent act or failure.

15. We may cancel the order at any time if the advertiser breaches these conditions and the breach is not capable of remedy or it continues for seven days after we have given written notice of it, or if we reasonably believe the advertiser is unable to pay its debts or the advertiser goes or threatens to go out of business.

Owen Newman Publications Limited, registered in England with company number 02431994 and with registered address at Langton Green, Tunbridge Wells, Kent TN3 0EG

 

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