Terms & Conditions

ADVERT CONTENTS

1. Contents are only for general information.

2. The Elite Race Cars web site is updated regularly. However, we hereby exclude any warranties as to the quality, accuracy, completeness, performance, fitness for a particular purpose of the Site or any of its contents.

3. Elite Race Cars and its owners will not be liable for any damages without limitation, damages for any consequential loss or loss of business opportunities or loss of profits. however arising from the use of or inability to use the Elite Race Cars Site, or any of its contents, or from any action or omission taken as a result of using the Site or any of its contents.

4. This Site contains material in the form of adverts submitted by third party advertisers and we accept no responsibility for the content or accuracy of such adverts nor do we make any guarantee of the contents of this Site in respect of the existence or availability of anything advertised whatsoever.

5. We make no warranty that the contents of the Site are free from infection or viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.

6. Where part of the Site contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with all legal requirements. Although acceptance of advertisements on the Site is subject to our discretion, we do not accept liability in respect of any advertisements.

7. All liability is excluded to the extent permitted by law including any implied terms.

PHOTOGRAPHS

8. ALL photographs used on the web site MUST have the prior consent of the photographer. The seller is responsible for gaining any photographers approval prior to forwarding photographs to Elite Race Cars to use on the web site. Elite Race Cars cannot be held responsible for any issues arising due to copyright protection on photographs.

WEB SITE LINKS

9. Elite Race Cars accepts links to third part web sites. No web site links will be accepted if the web site being linked to is a competitor to Elite Race Cars in any way. If the web site being linked to offers, accepts, promotes or is associated with another web site that supplied online Race Car for sale adverts from third party advertisers the web site link will be rejected.

11. The web site address stated in the advert must be the web site address that the link points to, redirection of web site links to a different web site will not be accepted

12. Any adverts submitted to Elite Race Cars with references to the following in the description of the advert will have the information removed without notification before the advert is processed. This will be at Elite Race Cars’s discretion.

* References to web sites
* links to web sites
* details of companies in competition with Elite Race Cars

13. You should note that certain links on the Site lead to resources located on servers maintained by third parties over whom we have no control and accordingly we accept no responsibility or liability for any of the material contained on those servers.

REFUSAL OF ADVERTS

14. Elite Race Cars accepts adverts at its own discretion. Elite Race Cars has a right to reject any adverts if feels does not comply with the terms and conditions of advertising. Elite Race Cars does not have to justify its reasoning for the rejection of any adverts.

If an advertiser is stopped from advertising on the web site for whatever reason (which Elite Race Cars does not have to justify), they will receive notification of this in an email or by letter. The advertiser must then not submit adverts to Elite Race Cars, this includes adverts submitted from their companies or businesses, companies or business associated to them or any person submitting adverts on there behalf. If after notification of Elite Race Cars decision to no longer allow their adverts any adverts submitted to Elite Race Cars which are submitted from them, their companies or businesses, or any person submitting adverts on there behalf will be dealt with as follows.

* Prior to the advert being processed a refund less £5 admin charge will be made.
* If the advert is processed and it then comes to light that the advert is related to or has been submitted on behalf of the banned advertiser the advert will be immediately withdrawn and no refund will be made.

15. If an advertiser does not comply with Elite Race Cars Terms and Conditions of Advertising Elite Race Cars will withdraw any advertisers advert from the web site without warning and no refund will be made. 16. Elite Race Cars will reject adverts from advertisers who are under 18 years old.

REFUNDS

17. If on submission and payment of an advert to Elite Race Cars the advertiser decides not to have the advert processed the advertiser must contact Elite Race Cars by email providing the advert ID number requesting that the advert is not processed. A full refund will then be made. (this excludes banned advertisers who will be charged an admin fee of £5 per advert, please see section on refusal of adverts)

18. Refunds after the advert has been processed and placed live on the Elite Race Cars web site will be at Elite Race Carss discretion and only in exceptional circumstances. Any refunds given at this point will be subject to a £2 admin charge.

EMAILS SENT FROM ADVERTS ON THE WEB SITE

19. Emails sent from adverts on the web site in response to any advert are copied to Elite Race Cars. This is clearly stated at the top of the email advertiser form.

20. Elite Race Cars will filter and reject and therefore will not forward to the advertiser any emails that are sent though the web site which are considered scam emails, emails sent from competitors web sites or from web sites / email addresses or people associated with, in connection with or promoting any web site which may be considered in competition with Elite Race Cars. This includes any person associated with, in connection with or promoting any business offering online Race Car Adverts to third parties. Emails sent through the web site in response to advertisers that state any of the above or has any references to web sites will also be automatically rejected. Any rejected emails will be checked by Elite Race Cars and will be forwarded to the advertiser if Elite Race Cars feels they were filtered in error.

More details user agreement and privacy policy is continued on the following pages.

Continued Elite Race Cars User Agreement

This Agreement describes the terms and conditions applicable to your use of our services at www.eliteracecars.com. If you do not agree to be bound by this Agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference,

The Elite Race Cars Web Site

Elite Race Cars acts as a venue which allows users to sell and buy race cars, at any time, from anywhere. We are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to buy. Do not assume that the sale, purchase, export or import of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. Elite Race Cars recommends that you have any race car thoroughly tested and checked by a professional independent from the seller. Elite Race Cars cannot be held responsible for buyers purchasing race cars that are unsuitable for the capability of the purchaser. Buyers buy at their own risk and must take the appropriate professional advice prior to purchasing.

Elite Race Cars cannot and does not confirm the purported identity of users or the validity of the information which users post to our website

In the event that you have any right, claim or action against any other user arising from that user’s use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Elite Race Cars from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

We do not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.

If you are a seller, you must ensure that you are legally able to sell each item described, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer’s jurisdiction.

You acknowledge that we will commence supplying our services to you as soon as you have pressed the “Submit” button and therefore sent the advert to us, and you recognise that you have agreed to sell the item and pay the relevant charge for advertising.

Sellers or traders will be responsible for paying all fees associated with using our service and our website and all applicable taxes in GB Pounds Sterling.

“Your Information” is defined as any information you provide to us or other users in relation to the Elite Race Cars service (including, without limitation, any description of items listed). You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Your Information and your activities on the www.eliteracecars.com web site must not:

1. be false, inaccurate or misleading;
2. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
3. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4. be fraudulent or involve the sale of counterfeit or stolen items;
5. be in breach of any applicable laws or regulations
6. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
7. link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this Agreement; (b) are considered as indirect or direct competition to Elite Race Cars’s business or (c) you do not have a right to link to or include;
8. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
9. cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.

Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your use of Elite Race Cars and refuse to provide our services to you without notice to you if you breach this Agreement or the documents incorporated by reference or if we are unable to verify or authenticate any information you provide to us or if we believe that your actions may cause legal liability for you, our users or us.

Please note that Your Information will be stored and processed on our computers in the UK. Elite Race Cars will hold and transmit your Information in a safe, confidential and secure environment. Elite Race Cars will never sell or rent your personal information to third parties except those described in this agreement.

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Our website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

We will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement. We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

If you have any questions, please contact info@eliteracecars.com