Definitions

Unless the context requires otherwise, the following expressions shall have the following meanings in these Terms of Use:

“Content” means all information, presentations, data, text, software, computer programmes in any form, music, sound recordings, photographs, graphics, video or film works, databases and other copyright compilations comprised in or appearing on the Site or forming part of any materials uploaded, posted (by mail or otherwise), linked to, e-mailed or otherwise transmitted to or via the
Site or to Automotive World Limited.

“Contributor” means any person (other than you, a User or Automotive World Limited or any of its employees), including without limitation, any knowledge partner employed, contracted, or in any way engaged to upload, post, link or otherwise transmit Content to or via the Site.

“Contributor Content” means any Content created by and/or originating from a Contributor.

“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

“Services” means those services provided by Automotive World Limited as made available on or through the Site from time to time.

“Site” means our website, https://mobex.io/.

“Terms of Use” means these terms and conditions of use as updated from time to time.

“Third Party Sites” means any website other than the Site as provided by parties other than Automotive World Limited or its group companies.

“User Content” means all Content created by and/or originating from you or other Users.

“User” means any person other than a Contributor who visits the Site and/or uses the Services.

“you” or “your” means the person, firm, company or organisation browsing or using the Site and/or using the Services or Content as a registered user.

Acceptance of terms

1. The Site is operated by Automotive World Limited (“we”, “us” or “our”) and we grant you access to the Site, subject to your acceptance of these Terms of Use. By accessing the Site and/or downloading this page, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not want to be bound by the Terms of Use, you must exit from the Site immediately.
2. Your continued use of the Site shall constitute your agreement to these Terms of Use. We reserve the right to change these Terms of Use from time to time without notice to you. Any amended version of the Terms of Use will take effect when posted on the Site by us. Your continued use of the Site will constitute your acceptance of any changes to the Terms of Use. It is your responsibility to check these Terms of Use from time to time to verify such variations. If you have any questions regarding these Terms of Use or the Site, please contact us by:
   1. email: hello@mobex.io;
   2. telephone: +44 (0) 2921 287 247.
3. We reserve the right to temporarily or permanently suspend your access to the Site if you are found to be acting in any way contrary to these Terms of Use, applicable law or have otherwise exposed (or potentially exposed) us to legal liability to a third party.
4. We are a limited company registered in England and Wales (under company number 04242884) and have our registered office at 1 – 3 The Washington Building, Stanwell Road, Penarth, South Glamorgan, CF64 2AD. Our VAT number is 815220173.

Submissions to the Site

1. You acknowledge and agree that we have the right to use, edit or reject any Content that you send for any purpose whatsoever, commercial or otherwise, without payment to you (bearing in mind we have no way of knowing whether such Content is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters) unless you have specifically stated otherwise in writing prior to submission of the Content and it has been agreed with us in writing.
2. You agree that we can reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Content or incorporate it in any form, media or technology now known or later developed throughout the world and you irrevocably licence us to do so on a non-exclusive royalty free basis. We assume no responsibility for the return or safety any Content submitted to us. You must have worldwide ownership of any and all Intellectual Property Rights which are applicable to the Content, or full permission from the owner of these rights, for of all Content that you send to us or post on the Site. By sending Content to us or posting it on the Site you warrant and represent to us that you are the owner of any and all of the rights referred to in such Content, or that you have obtained express permission from the owner of such rights to do so, and hereby agree to indemnify us in respect of any breach of the warranty given in this clause.
3. We reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their Intellectual Property Rights, or of their right of privacy.

Ownership, use and Intellectual Property Rights

1. The Site and all Intellectual Property Rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any Intellectual Property Rights in connection with these Terms of Use. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
2. Nothing in these Terms of Use grants you any legal rights in the Site other than as necessary to enable you to access the Site.
3. Trade marks and trade names may also be used on the Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

Use of the Site

1. Your permission to use the Site is personal to you and is non-transferable. Nothing in these Terms of Use grants you any legal rights in the Site other than as necessary to enable you to access the Site.
2. You agree that you are solely responsible for:
   1. all costs and expenses you may incur in relation to your use of the Site; and
   2. keeping your password and other account details confidential.
3. You must not copy, reproduce, publish, republish, upload, post, distribute, transmit, re-transmit, broadcast, extract, re-utilise or adapt the Content in any way without our prior written consent. You may however print or download copies of the webpages of the Site for your own personal, strictly non-commercial use.
4. Your use of the Site is conditional on your compliance with these Terms of Use, and you agree that you will not:
   1. use the Site for any fraudulent purpose;
   2. use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others; or
   3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make.
5. You acknowledge that when you voluntarily disclose personal information publicly on the Site (including username or e-mail address), the information can be collected and used by others and may result in unsolicited messages from other Users or third parties.
6. You acknowledge and agree that we may preserve Content and may also disclose User Content or Contributor Content if required to do so by law or if disclosure is reasonably necessary to: (a) comply with legal process; (b) respond to claims that any Content violates the rights of third parties; or (c) protect the rights, property, or personal safety of us, or Users and the public.

Accuracy of information and availability of the Site

1. We rely on the author of each submission to present us with accurate and factual Content. Content is provided for your general information purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
2. We assume no responsibility for the accuracy of Content provided on the Site nor for mistakes, errors, or omissions of any kind, nor for any consequence relating directly or indirectly to any actions taken on the basis of any Content displayed on or downloaded from the Site.
3. You agree that you must evaluate, and bear, all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances shall we be liable for any damages that result from the use of, or the inability to use, the materials in the Site even if we have been advised of the possibility of such damages. Furthermore, to the extent permitted by law, we cannot promise that the Site will be fit or suitable for any purpose.
4. We aim to update the Site regularly and may change the Content at any time. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. If the need arises, we may suspend or terminate access to the Site as we see fit, without notice or explanation.
5. Whilst we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

Viruses, Hacking and Other Offences

1. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
2. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. You also must not seek to access, alter or delete any information for which you have not been authorised to access, or overload, spam or flood our site, take any action to crash, delay, damage or otherwise interfere with the operation of the Site.
3. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities which may include disclosing your identity to them. In the event of such a breach of these Terms of Use, your right to use the Site will cease immediately.
4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site, or to your downloading of any material posted on the Site, or on any website linked to the Site.

Opinions expressed on the site

Any statements and opinions expressed on the Site are those of the author and do not reflect the opinions of, and are not endorsed by, Automotive World Limited.

Third party sites

1. Whilst we may offer links to Third Party Sites, we have no control over the content or appropriateness of the content on such Third Party Sites and you acknowledge and agree that we are not responsible for the availability of such Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites, and will not be a party to, or in any way responsible for, any transaction entered into concerning goods or services available through such Third Party Sites.
2. Your use of a Third Party Site may be governed by the terms and conditions of that Third Party Site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever and howsoever arising resulting from your use of or reliance on any Content, or goods or services available on or through any Third Party Sites.

Exclusion of liability

1. Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
2. We exclude all implied warranties, conditions or representations in respect of the Site, Content, Software or the Services available through the Site (collectively, “Site Services”). Additionally, we make no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties.
3. Any material downloaded or otherwise obtained through the use of the Site Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Site Services shall create any warranty not expressly stated in these Terms of Use.
4. If you are a business user: We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use our Site or use of or reliance on any Content displayed on the Site. In particular, we will not be liable for:
   1. loss of profits, sales, business or revenue;
   2. business interruption;
   3. loss of anticipated savings;
   4. loss of business opportunity, goodwill or reputation; or
   5. any indirect or consequential loss or damage.
5. If you are a consumer user:
   1. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Events beyond our control

We shall have no liability to you for any breach of these Terms of Use caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

Our privacy policy is available at mobex.io/privacy/.

Rights of third parties

No one other than a party to these Terms of Use has any right to enforce any of these Terms of Use.

Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible.

Jurisdiction and Applicable Law

1. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
2. The courts of England and Wales shall have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.