Terms & Conditions
Welcome to a Website of Spirit Fleet Solutions Limited.
This Agreement is a legal document and describes the conditions of
use applicable to Your use of the Website and the Services.
Please read this Agreement carefully. By accessing the
Website you agree to be bound by this Agreement.
1. Definitions
1.1 In this Agreement the following words and
expressions shall have the following meanings:-
"Agreement" this agreement together with the Privacy Policy
"Content" the general content contained in the Website and the
content contained as part of the Services
"Spirit" Spirit Fleet Solutions Limited, 77 - 83 Grovebury Road,
Leighton Buzzard, Beds LU7 4TE. Registered Company Number:
06784644. VAT Number: 948 3470 91.
"Particulars" Your personal information submitted by You to
Spirit from time to time
"Privacy Policy" the privacy policy set out at Schedule A
"Services" the services, including without limitation, the
provision details of motor vehicle available for sale by Spirit,
access to news and events, the facility to register for news
releases, to book for services and test drives through the
Website
"Trade Marks" the Word and Logo and all other trade marks
(whether registered or unregistered), business names or logos used
in the Website from time to time
"Website" the website owned and operated by Spirit which can be
viewed at http://www.spiritfleetsolutions.com/
"Word and Logo" the word "Spirit" and the Spirit logo
"You & Your" any user of the Website
1.2 Headings in this Agreement are only for
convenience and shall not affect its construction.
2. Pricing
MK CarStore take great care to ensure the content of this website
and pricing is correct at the time of publishing and that all
products are fairly described. All prices are displayed
inclusive of VAT. Occasionally, however, an error may occur
between the price published on the internet and of that displayed
in store. If we discover a pricing error, we will endeavour
to rectify it as soon as possible. We are not obliged to
supply the product at the incorrect price. Prices that are
reduced for sale or promotion are only valid for the specified
period. We reserve the right to adjust our prices, offers and
description of goods on www.mkcarstore.com at any
time.
3. Provision of Services
3.1 Motor Vehicle Search Facility
3.1.1 The facility offered by Spirit for You to
view details of motor vehicles available for sale is provided
solely for information only and to provide you with a facility to
research Spirit's Motor Vehicle Database. Spirit accepts no
responsibility for the availability and/or non-availability of any
motor vehicle sourced on Spirit's Motor Vehicle Database and
performance and/or non-performance of a contract entered into
between Spirit and You for the purchase of a motor vehicle, which
You have sourced, from Spirit's Motor Vehicle Database.
3.1.2 The display of motor vehicle particulars
including without limitation, specifications, mileage quotations
and/or prices on the Website or otherwise are for information only
and shall not constitute an offer by Spirit to sell, supply or
deliver any motor vehicle.
If you are interested in purchasing a motor vehicle You have
sourced from Spirit's Motor Vehicle Database then please contact
Spirit by telephone, e-mail or visit the relevant Spirit
dealership.
3.2 News & Events
3.2.1 The information contained in the news and
events section is intended to be for information only. Spirit
accepts no responsibility for any damage and/or loss suffered by
You as a result of Your reliance on such news and events items.
3.2.2 Any news and events items provided by
third parties shall be the views expressed by such third parties
and Spirit accepts no Spirit makes no representations as to the
fitness for a particular purpose of any Services available through
the Website.
3.3 Finance & Insurance Quotes
3.3.1 Any finance and/or insurance quotes
provided on the Website are for information only.
3.3.2 Finance and/or insurance is available
subject to status and written quotations.
3.3.3 For the avoidance of doubt no finance
and/or insurance quote shall be deemed to incorporate an offer by
Spirit and/or the relevant finance and/or insurance provider.
3.3.4 Your Use of Content and the Website
3.3.4.1 You agree to use the Content for
personal use only. This means that You may view, browse and print
the Content. You may also download one copy of the Content into
cache on a single computer for personal and non-commercial home
use, provided that You shall retain all credits and copyright
notices associated with such Content.
3.3.4.2 You agree to comply with all applicable
laws and regulations when using the Website. You must not use the
Website to send any e-mails for chain letters, commercial
solicitation, mass mailing, or any form of spam or other mass
mailings.
3.3.4.3 You may not reproduce, distribute,
transmit or otherwise exploit the Content in any way. In
particular, You may not include the Content in any other
publication or on any other website or computer network otherwise
than in accordance with the limited reproduction permission set out
at paragraph 4 and/or the prior written permission of Spirit. In
addition, You must abide with all other terms, conditions and
restrictions contained in any other agreement associated with the
Content.
3.3.4.4 Spirit reserves the right to amend
and/or remove at any time any Content from the Website.
3.3.4.5 Spirit shall be entitled to amend at
any time in its absolute discretion the terms of this Agreement and
Privacy Policy by posting the same on the Website in amended form
with a note of the date on which the relevant document was last
amended and the date when such amendments shall take effect. Your
continued use of the Website after the date any amendments shall
take effect shall be construed as Your acceptance to such
amendments.
4. Registration and Particulars
4.1 Use by You of certain Services, including
without limitation, the facility to receive news releases, to
receive further information about a particular motor vehicle and to
book services and test drives will require You to submit Your
Particulars to Spirit.
4.2 The Particulars you submit to Spirit will
only be used in relation to the Services and in accordance with the
Privacy Policy.
4.3 You hereby undertake to update your
Particulars on the Website and/or notify Spirit immediately in
writing by letter, fax or email in the event of any change in your
Particulars.
4.4 Spirit will not collect sensitive personal
information relating to your sex, health, racial or ethnic origin,
political or religious beliefs without Your explicit consent.
4.5 Your particulars will be shared by Spirit
for all purposes relating to the Services and marketing and
research purposes and may be disclosed to and used by associated
companies of Spirit and other organisations for marketing and
research purposes unless You have signified that You do not consent
to such use when you submit Your Particulars. Spirit will not
disclose Your Particulars for any other purpose or transferred
outside the European Union without your express or implied consent
(except where required by law).
4.6 Spirit will keep Your Particulars in a
secure environment and shall at all times use reasonable endeavours
to comply with the Data Protection Act [1984] and 1998.
4.7 If You do not wish to receive any further
marketing information or wish to update or correct any inaccuracies
in Your Particulars please notify Spirit by contacting Spirit in
the manner described in the Privacy Policy
5. Ownership of the Website and Copyright
Notice
5.1 The Content on the Website is protected by
UK and International copyright and is the copyright of © Spirit
2009 unless otherwise stated. Reproduction of any of the Content is
prohibited other than in accordance with the limited reproduction
permission set out at paragraph 4. All rights are reserved.
5.2 Except as expressly provided in this
Agreement. You may not copy, reproduce, re-publish, lease,
sub-licence, download, post, broadcast, transmit, modify, create
works from, or in any way, commercially exploit any of the
Content.
In particular but without limiting the generality of the above,
you may not do any of the following without the prior written
permission of Spirit:
5.2.1 redistribute any of the Content
(including by using it as part of any library, archive or similar
service);
5.2.2 remove the copyright or trademark notice
from any copies of the Content made available through the
Website;
5.2.3 create a database in electronic or manual
form by systematically downloading and storing all or any of the
Content;
Requests to re-publish or re-distribute any Content should be
addressed to the address set out at Paragraph 1.
5.3 You acknowledge that the Trademarks are
trademarks of Spirit and that You may not use them without the
prior written permission from Spirit.
5.4 The names of other products and services
referred to on the Website may be the trademarks of their
respective owners. You may not use any trademark or service mark
appearing on the Website without the prior written consent of the
owner of the relevant trademark.
5.5 UK and International copyright law
prohibits any copying, dissemination and/or transmitting of any
Content from the Website unless You have the permission of
Spirit.
5.6 In the event that any Content is used
without Spirit's prior permission You will be notified and invoiced
of the appropriate fee for unauthorised usage.
6. Misuse of the Services
6.1 Spirit reserves the right to suspend or
terminate Your rights of access to the Services You may have
registered for at any time.
7. Suspension of Services
7.1 From time to time the Services in whole or
in part may be closed down for routine repair or maintenance
work.
8. Warranty
8.1 Spirit will use its reasonable skill and
care to ensure that the Content is accurate, up to date.
8.2 Spirit shall use its reasonable skill and
care in providing the Services and will use reasonable endeavours
to make the Website available for use by You at all times but will
have no liability whatsoever for any direct, indirect or
consequential loss arising from delay or failure to provide the
Services and/or Website or for any loss of data which may result
from delays, failure of deliveries or service interruptions
including (but without limitation to) those arising from errors or
omissions on the part of You or from levels of usage which are
unusually large and which have the effect of causing disruption or
delays in the operation of the Website.
8.3 Spirit does not warrant that the Website
and/or Services are error and/or virus free or operate without
interruption or are compatible with all equipment and software
configurations. Spirit gives no warranty whatsoever as to the
quality of information received through the Website.
8.4 Spirit makes no representations as to the
fitness for a particular purpose of any Services available through
the Website.
8.5 The warranties in this Paragraph 7 shall be
the full extent of Spirit's liability in respect of the provision
of the Website and/or Services and all warranties, conditions,
terms, undertakings and obligations implied by statute, common law,
custom, trade usage, course of dealing or otherwise are hereby
excluded to the fullest extent permitted by law.
8.6 The warranties in this Paragraph 7 shall be
subject to You complying with your obligations under this Agreement
and all other relevant agreements and to You having used the
Website and/or Services strictly in accordance with the
instructions of Spirit.
9. Limitation of Liability
9.1 The Content is only for general
information and use and is not intended to address Your particular
requirements. You should not rely on the Content in making any
specific decisions.
9.2 Spirit will not be liable for any of the
following losses which may arise by reason of any breach of the
express terms of this Agreement or to the extent that they have not
been excluded by Paragraph 7, any implied warranty, condition or
other term, any representation or any duty of any kind imposed on
Spirit by operation of law: indirect; incidental; consequential;
income; data; use; information; increased costs or expenses;
profit; business; contracts or revenues from savings.
9.3 Spirit has not vetted and nor does it
accept responsibility for the contents of any of the websites
accessible via hyperlinks from the Website and does not accept any
duty of care in respect of and nor does it make any representation
express or implied in relation to the accuracy or reliability of
the contents of any link website; nor does the existence of any
link constitute any implied endorsement of any website, its
sponsor, its products or its services not should any views
expressed on that website be taken to reflect the views of
Spirit.
10. Non-Assignment
10.1 This Agreement is personal to You and You
may not without the prior written consent of Spirit assign or
dispose of it. Spirit shall be entitled to assign this Agreement in
whole or in part.
11. Force Majeure
11.1 Spirit shall not be liable for any delay
in or failure to perform its obligations under this Agreement if
that delay or failure is caused by circumstances beyond its
control, including without limitation fires, strikes, insurrection,
riots, embargoes, inability to obtain supplies, refusal or
revocation of license of regulations of any civil or military
authority.
12. Entire Agreement
12.1 This Agreement contains the entire
agreement and understanding between the parties relating to the
subject matter of this Agreement, and (in relation to that subject
matter) supersedes any and all prior agreements, arrangements,
statements and understandings.
13. Supervening Illegality and Severance
13.1 If any term or provision in this Agreement
shall be held to be illegal or unenforceable, in whole or in part,
under any enactment or rule of law, such term or provision or part
shall to that extent be deemed not to form part of this Agreement
but the validity and enforceability of the remainder of this
Agreement shall not be affected.
14. Privacy Policy
14.1 The Privacy Policy forms part of this
Agreement, and by agreeing to the terms of this Agreement You also
gives consent to the way Spirit may handle Your Particulars. Spirit
shall only use the Particulars in accordance with Paragraph 3.
15. No Relationship
15.1 Nothing in this Agreement shall create, or
be deemed to create, the relationship of principal agent or
employer and employee or a joint venture or partnership between the
parties.
16. Governing Law
16.1 This Agreement shall be governed by the
laws of England and Wales and the parties hereby submit to the
exclusive jurisdiction of the English Courts.