By clicking “I accept” to these terms and conditions, you acknowledge that you have read, understand, and agree to be bound by the terms of this licence agreement (the “Agreement”). Notwithstanding the foregoing, your use of the Service (as defined below) shall bind you and your subcontractors, agents, employees or others who access the Service to the terms and conditions of this Agreement.
Digital Motor Limited reserves the right, at its discretion, to update or revise these terms and conditions. Please check the terms and conditions periodically for revisions and updates. Your continued use of www.cbg.ie (the “Site”) after the posting of changes to the terms and conditions constitutes acceptance of those changes.
The Service includes a personal vehicle information management service that allows members to consolidate and track information about their vehicle(s). We provide an independent online service which enables you to research and compare insurance, financial and other products or services relating to motor vehicles provided by third parties whilst using the Site. The information provided by the Service is for general information purposes only. We are not here to advise on any particular product, or recommend on any particular product, but simply to introduce services listed on the Site. Our comparison service is free for you to use. We receive a fee and/or commission from the third party product or service provider when you use our service to purchase products or services from such third parties. Digital Motor Limited shall have no liability for any decisions or actions of the third party platform operator or their consequences, whether they arise with or without warning and irrespective of the consequences. It is up to you to decide whether what they offer is right for you. If you are unhappy with any product you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party.
The information provided is not, and should not be construed as, financial, professional or other advice. Nor shall it be deemed to constitute an offer by us or any third party to sell to you any product or service. We strongly caution that you do not solely rely on the information you find here to inform your decisions; rather, use it as a starting point for doing your own independent research. In addition, when you use the Site to apply to our advertisers, sponsors and business partners to acquire their products or services you should ensure that you fully understand their terms and conditions and the prices for those products and services.
In the material that we make available on the Site, we rely on a wide variety of sources and other sites. We believe these sources of data to be generally accurate and reliable, but sometimes they may not be. It is very important that you are aware that, while we provide you with certain information relating to the relevant products and services, and in some cases enable you to provide certain information to the relevant product or service provider (i.e. by completing forms), we do not provide the relevant services and products that appear on the Site. Accordingly, we make no claims or representations as to the accuracy, completeness, or truth of any material contained on the Site. Nor are we liable for any errors or delays in the content or transmission of the data on the Site.
If you have any queries about the Service or the data processed by the Site, please contact us at email@example.com.
If you do not agree with any of the terms or conditions of this Agreement, you are not authorised to use the Service for any purpose whatsoever and must discontinue any and all use.
Digital Motor Limited also suggests that you review the Privacy Statement (available at www.cbg.ie), which applies to the information collected by Digital Motor Limited during your visit and use of the Service.
"Client Data" means the data inputted into the Service by you in accordance with your rights under this Agreement.
"Intellectual Property" means patents, trademarks, service marks, design rights and database rights (whether capable of registration or otherwise), applications for any of the foregoing, copyright (including copyright in source code, object code, procedures manuals and related documentation), know-how, trade or business names, domain names and other similar rights or obligations, whether capable of registration or not in any country (including but not limited to Ireland)
"Service" The Service includes a personal vehicle information management service that allows members to consolidate and track information about their vehicle(s). Once you have registered on www.cbg.ie and become a member of the Site, the Service may provide you with alerts about safety recalls, warranty information, email reminders about recommended products and services (including insurance and financial products), access to service history on your vehicles and other vehicle service-related information. The Service may also provide information to you relating to third party products or services, such as coupons, discounts and special offers. The Service may allow you to search for and compare insurance products from different motor insurance providers and you may be able to search for and compare various types of motor vehicle finance products from different lenders. The Service includes the Site and/or any content available on the Site regardless of the manner in which the content is delivered to you, whether tangible or intangible, and in whatever form or medium delivered and/or stored by you. The Service is intended to help you organize and manage information about your vehicles and future motoring needs. It is not intended to provide legal, tax or financial advice. By using the Service, you represent and warrant to Digital Motor Limited that (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform the obligations under these terms and conditions, (ii) you own the vehicles for which they are using the Service and (iii) all information provided by you to Digital Motor Limited through the Service is truthful, accurate and complete.
Digital Motor Limited agrees to provide a limited, non-exclusive, non-transferrable and royalty-free licence to you for the use of the Service and the provision of any other ancillary Services pursuant to this Agreement for the agreed Term.
This Agreement is effective from your registration date and shall remain in full force and effect indefinitely unless and until either party terminates the Agreement. You can cancel your membership to the Service at any time subject to a minimum of fourteen (14) days’ notice. Digital Motor Limited can, in its sole and absolute discretion, terminate this Agreement at any time.
Description of Services
Please refer to www.cbg.ie for information on the features of the Service. In the event of any significant changes to the functionality of your service or change to the terms and conditions of this Agreement, you will be informed via email or through an in-Product alert to the changes in the specification or the revised terms and conditions. Your continued use of the Service shall, in itself, constitute acceptance of any change.
(a) Information Database
The Service, as it relates to personal vehicle information management, allows members to consolidate and track information about their vehicle(s). By using the Service, you consent to your contact information being used by Digital Motor Limited to send updates about this Service including but not limited to changes to the Service description and changes in the terms and conditions. Digital Motor Limited may also send to you details of other products and services from Digital Motor Limited that Digital Motor Limited, in its sole discretion, determines that it may be of interest to you.
In using the Service, you agree to grant Digital Motor Limited a non-exclusive, transferable, royalty-free, worldwide and fully paid-up license to use Client Data for the purposes of analysis and development, including IP development. Any such IP development shall be fully owned by Digital Motor Limited and you hereby agree that it shall have no rights or claims whatsoever over same and you waive any and all rights and claims, including any moral rights, over the same whether now known or hereafter devised.
In order to deliver the Service, we may collect and process information about you including but not limited to:
You authorise Digital Motor Limited to access, store, update, modify and otherwise deal with (as appropriate) any of your data to enable it to properly perform any Service pursuant to this Agreement.
You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
(b) Vehicle Insurance
The Service, as it relates to insurance, allows you to search and compare insurance products from different insurance providers. You will need to answer a number of questions on the Site in order to compare or obtain a quote for any insurance product. These questions are designed to ensure that we and all relevant insurance providers have all the information necessary to provide you with appropriate and timely information relating to the products in which you are interested. The level of cover and the amount you will pay will be determined by the answers you provide to these questions. It is therefore very important that you answer all of the questions truthfully, completely and accurately and that you disclose all relevant facts. Failure to do so could invalidate the insurance product you purchase meaning you have no insurance cover. If your insurance product is invalid, claims may not be paid and you could be responsible for any third party costs if any event occurs where you would otherwise have been covered by the insurance product.
In order to apply for an insurance product, you must contact the relevant insurance provider. We will give you a direct link to their site and/or a dedicated telephone number along with any identification needed to access your details.
Before you apply for any insurance product, it is very important that you check all of the information held by the insurance provider about you to ensure it is true, correct, complete and accurate, that it is not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in the information held by the insurance provider about you before you apply for any product. Failure to correct any mistakes or errors in the information held by the insurance provider about you or a failure to disclose all relevant facts could invalidate your chosen insurance product.
The information you provide may be used to carry out certain credit checks through licensed credit-referencing agencies. This is used as part of the underwriting process for some of the insurance providers and a record of this search will be made although this will not adversely affect your credit profile.
Some insurance providers may pass loyalty scheme data to their insurance underwriters in order to assess and rate your cover and determine your premiums.
If you are in any doubt as to whether any information is relevant or required to be disclosed or that something may be incorrect you should disclose it to your proposed insurance provider before you apply for the insurance product. If you do not provide all such information or if you fail to tell your proposed insurance provider about any circumstances likely to influence their assessment of the risks involved, your proposed insurance provider may be able to treat your insurance policy as invalid.
Most insurance providers make certain assumptions about you. These will be different to any assumptions made by us about you. It is your responsibility to check the assumptions made by insurance providers as they form part of your contract with your selected insurance provider. If any assumption made by an insurance provider is incorrect, you must inform the insurance provider before you apply for any insurance product. Failure to do so could invalidate the insurance product.
You agree that we may use your data to send you renewal quotes as a reminder when your policy is due to expire and to highlight how we could continue saving you financial. This involves reusing the data you previously supplied to us and some providers may carry out soft credit checks as part of this process. These searches will be visible on your credit file, but will be clearly noted as being for quotation purposes and they will not affect your chances of obtaining credit in the future.
It is very important and your responsibility to check all the information about you is true, correct, complete and accurate as incorrect information could invalidate your policy or lead to a claim being declined.
It is very important before you apply for any insurance product that you carefully read the terms and conditions of the product, the insurance provider’s terms and conditions and any other documentation that applies to the insurance product. You must familiarise yourself with all the details of the insurance product, for example, the restrictions, exclusions, conditions and obligations which apply to the insurance product. It is your responsibility to ensure that the insurance product matches your requirements and that you agree to the terms and conditions of the insurance product before you apply for it. We accept no responsibility or liability whatsoever for any loss or damage you may suffer or incur in the event that any insurance product you apply for does not meet your requirements or is not suitable for you.
You should also make any other person named on the application aware of the ways in which information on them may be used.
A consumer has the right to withdraw from an insurance policy (as defined under SI No 853 of 2004) within 14 days of the start date of the policy (except in the case of travel policies whose operative period is for one month or less) without penalty and without giving any reason. This is known as the cooling off period. For motor insurance the insurance certificate and disc must be received by the Insurance Company before the policy can be cancelled. Please note that the policy set up charge is non-refundable if you choose to withdraw from the policy within the cooling off period.
(c) Vehicle Finance
Digital Motor Limited is an authorised credit intermediary in accordance with the terms of the Consumer Credit Act 1995 (as amended).
The Service, as it relates to motor vehicle finance, allow you to search and compare various types of finance products from different lenders. You will need to answer a number of questions on the Site in order to compare financial products. These questions are designed to ensure that we and all relevant lenders have all the information necessary to provide you with appropriate and timely information relating to the products in which you are interested. It is very important that you answer all of the questions truthfully, completely and accurately and that you disclose all relevant facts. In order to apply for a financial product, you must contact the relevant lender directly.
Before you apply for any financial product, it is very important that you check all of the information held by the lenders about you to ensure it is correct, complete and accurate. It is your responsibility to identify and correct any mistakes or errors in the information held by the lenders about you before you apply for any financial product.
If you are in any doubt as to whether any information is relevant or required to be disclosed or that something may be incorrect you should disclose it to your proposed lender before you apply for the financial product.
pIt is very important before you apply for any financial product that you carefully read the terms and conditions of the product, the lenders terms and conditions and any other documentation that applies to the product. You must familiarise yourself with all the details of the product, for example, the interest rate, any early redemption charges, restrictions, exclusions, conditions and obligations which apply to the product. It is your responsibility to ensure that the product matches your requirements and that you agree to the terms and conditions of the product before you apply for it. We accept no responsibility or liability whatsoever for any loss or damage you may suffer or incur in the event that any product you apply for does not meet your requirements or is not suitable for you.
Under the Consumer Credit Act, consumers have a statutory right to a cooling off period of 10 days in respect of any consumer credit arrangement being entered into. Within this time period, a consumer has the right to reconsider a credit agreement within 10 days and to cancel it in writing without obligation. If you do not avail of this waiver within the 10 days, then the agreement comes into full effect.
Ownership of Intellectual Property
You acknowledge and agree that Digital Motor Limited and/or its licensors own all Intellectual Property in the Service or which may arise out of the performance of the Service (including any Materials) and all such rights are reserved. Except as expressly stated otherwise, this Agreement does not grant you any rights to any intellectual property, including but not limited to, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), internet domains, moral rights, rights in databases, source code, software, know how, business methods, processes or any other rights or licences in respect of the Service or any related documentation. You further acknowledge that all rights, title and interest to the Service are owned by Digital Motor Limited and that your rights to use the Service are limited to those expressly set out in this Agreement.
You are hereby granted limited, revocable and non-exclusive access and use of the Service [solely for personal use] and in accordance with these terms and conditions. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Service or any content therein. Except as otherwise expressly provided herein, nothing in this Agreement grants to any party, any right and title or licence to the other party's Intellectual Property. Upon termination of this Agreement, all rights granted under this Agreement, unless otherwise stated, shall automatically terminate and each party agrees to immediately cease using or displaying the Intellectual Property of the other party.
You acknowledge that all Intellectual Property in the Service provided by Digital Motor Limited throughout the world belong to Digital Motor Limited, that rights in the Service are licensed and not sold to you, and that you have no rights in or to the Service other than the right to access and/or use it in accordance with the terms of this Agreement.
Except as set out elsewhere in these terms and conditions, none of the Intellectual Property belonging to us or our licensors in and relating to the Site (including information, content, material or data displayed on it) may be used, copied, modified, published, extracted, utilised, transmitted, displayed, sold, excerpted, reverse engineered, made available, reproduced, reformatted or distributed by you without our prior written consent.
Robots, spiders or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the content are not permitted under any circumstances. In addition, you shall not access, store, distribute or transmit any viruses, worms, trojans, spyware or other material which may prevent, impair or otherwise adversely affect the operation of any software, hardware, equipment, network or telecommunications service, or any material during the course of your use of the Service.
Digital Motor Limited offers you access to the Service solely for your own personal [and non-commercial] use and you are not permitted to resell or make any commercial use of the Service. [The content may not be used in a commercial context or for commercial purposes without the prior written approval of Digital Motor Limited].
You SHALL NOT (i) cause, permit or authorize the decompilation, modification, disassembly or reverse engineering of the Service, or create derivative works thereof; (ii) allow unauthorized parties to view, access or use the Service; (iii) sell, assign, rent, transfer, distribute, act as a service bureau, sublicense or otherwise grant rights in the Service to any other person or entity; (iv) make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the content or information in or from the Service; (v) engage in the practice of "screen scraping," "database scraping" or any other practice or activity the purpose of which is to obtain lists of vehicles, portions of a database or other lists or information in or from the Site and/or the Service; (vi) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Digital Motor Limited or its affiliates or third party content providers, licensors and vendors, if any, (collectively, "Digital Motor Limited Service Providers") without prior express written consent; (vii) use meta tags or any other "hidden text" utilizing Digital Motor Limited Service Providers' name or trademarks without the express written consent of Digital Motor Limited; (viii) use, or allow the use of, the Service in contravention of these Terms and Conditions or any local, foreign or other applicable laws, rules or regulations; (ix) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other person's use and enjoyment of the Service or (x) introduce into the Service any virus or other code or routine intended to disrupt, delete, damage or alter the Service. Systematic retrieval or use of the Service or any data from the Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Digital Motor Limited is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person's use and enjoyment of the Site.
The foregoing provisions of this Section are for the benefit of Digital Motor Limited and the Digital Motor Limited Service Providers, and each shall have the right to assert and enforce such provisions directly or on its own behalf. Illegal and/or unauthorized uses of the Service and/or the Site, including, without limitation, any activities or use of the Site and/or Service that are fraudulent or otherwise objectionable or inappropriate, or violate (i) these Terms and Conditions, (ii) the rights of Digital Motor Limited, any affiliate or licensor, or any other third party, or (iii) any law or regulation, will be investigated. Digital Motor Limited may take any legal action, as it deems appropriate and necessary, including, without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions. You agree that monetary damages may not provide a sufficient remedy and you consent to injunctive or other equitable relief for such violations without the requirement that Digital Motor Limited
Except as otherwise expressly permitted under these terms and conditions or copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without the express written permission of Digital Motor Limited or the copyright owner
You shall own all rights, title and interest in and to all Client Data inputted by you, or on your behalf (including by Digital Motor Limited) for the purpose of using the Service and you shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Client Data.
Digital Motor Limited shall follow its own protection procedures for Client Data in compliance with the Data Protection Acts 1988 to 2003. In the event of any loss or damage to Client Data within the Service, the Customer’s sole and exclusive remedy shall be for Digital Motor Limited to use reasonable commercial endeavours to restore the lost or damaged Client Data from the latest backup of such Client Data maintained by Digital Motor Limited. Digital Motor Limited shall not be responsible for any direct or indirect loss, destruction, alteration or disclosure of Client Data caused by any third party.
Digital Motor Limited shall, in providing the Service comply with its privacy statement relating to the privacy and security of Client Data available on its site or such other site address as may be notified to you from time to time, as such document may be amended from time to time by Digital Motor Limited in its sole discretion.
If Digital Motor Limited processes any personal data on your behalf when performing its obligations under this Agreement, the parties agree and acknowledge their intention that you shall be the data controller and Digital Motor Limited shall be a data processor and in any such case: (a) you acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where you are located in order to carry out the Service and Digital Motor Limited’s other obligations under this Agreement; (b) you shall ensure that it is entitled to transfer the relevant personal data to Digital Motor Limited so Digital Motor Limited may lawfully use, process and transfer the personal data in accordance with this Agreement on your behalf; (c) you shall ensure that the relevant third parties have been informed of, and have given their consent to such use, processing, and transfer as required by all applicable data protection legislation; and (d) each party shall take appropriate technical and organisational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage.
Digital Motor Limited hosts all Client Data, including personal data, with Hosting Ireland, Deltona House, Six Cross Roads Business Park, Waterford, Ireland (“Hosting Ireland”). Details of the security policy of Hosting Ireland can be found here [*] and in no way shall you hold Digital Motor Limited responsible for the quality of service provided by Hosting Ireland. Digital Motor Limited’s payment gateway provider is Stripe.
You agree to indemnify Digital Motor Limited and its affiliates for all claims brought by a party against Digital Motor Limited or its affiliates arising out of or in connection with a breach of any of these warranties.
Except as expressly set out in this Agreement or as permitted by any local law, you undertake: (a) not to copy the Service; (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Service or any part thereof; (c) not to make alterations to, or modifications of, the whole or any part of the Service or any part of it to be combined with, or become incorporated in, any other programs; (d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Service with another software program; (ii) is not disclosed or communicated without Digital Motor Limited’s prior written consent to any third party to whom it is not necessary to disclose or communicate it; and (iii) is not used to create any software which is substantially similar to the Service; (e) to supervise and control use of the Products provided by the Service and ensure that the Service is used by your employees and representatives in accordance with the terms of this Agreement; (f) to use the most current version of the Service, including upgrading to any updated or upgraded version or new release provided by Digital Motor Limited under the terms of this Agreement immediately on receipt of such version or release; (g) not to provide, or otherwise make available, the Service offered by the Products in any form, in whole or in part to any person other than your employees without prior written consent from Digital Motor Limited; (h) not to access all or any part of the Service in order to build a product or service which competes with the Service; and (i) not to attempt to obtain, or assist third parties in obtaining, access to the Service other than as set out in this Agreement.
You shall defend, indemnify and hold harmless Digital Motor Limited against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the usage of the Service.
You shall not access, store, distribute or transmit any viruses, worms, trojans, spyware or other material which may prevent, impair or otherwise adversely affect the operation of any software, hardware, equipment, network or telecommunications service, or any material during the course of your use of the Service which: (a) is unlawful, harmful, threatening, defamatory, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or (f) causes damage or injury to any person or property, and Digital Motor Limited reserves the right, without liability to you, to disable your access to any material that breaches this condition.
Limitation of Liability
You use the Service at your own risk. To the fullest extent permitted by law, Digital Motor Limited shall not be liable for any direct, indirect, consequential, incidental or special damage or loss of any kind including but not limited to, loss of profits, loss of business, loss of or corruption of data however caused.
Nothing in these terms and conditions shall exclude or in any way limit either party’s liability for death and personal injury resulting from negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law.
Digital Motor Limited’s maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise (including any liability for the acts or omissions of its employees or agents), shall be limited to a sum of €100.
Digital Motor Limited does not warrant that the Service offered herein will not infringe third party Intellectual Property (whether such rights subsist in Ireland or otherwise).
This Agreement sets out the full extent of Digital Motor Limited’s obligations and liabilities in respect of the supply of the Service. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Digital Motor Limited except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning the supply of the Service offered by Digital Motor Limited which might otherwise be implied into, or incorporated in, this Agreement or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
You acknowledge that you alone are responsible for the information and data you hold, as well as that arising from the use of the Service and you assume sole responsibility for the security of such information. You acknowledge that you alone are responsible for forecasting and calculating any damage you are liable to suffer in the event of any problem arising in the performance of the Service.
As a consequence, you acknowledge that it is your responsibility to insure your business against all risks which you regard as appropriate having regard to your own individual circumstances and the terms of this Agreement.
You acknowledge that all sales made by you as a result of using the Service, whether directly or indirectly, are made between you and the buyer directly, and Digital Motor Limited accepts no responsibility for and is not a contractual party to same. You undertake to abide by all legislative and regulatory provisions, including without limitation, all consumer protection, distance selling regulations and tax and indirect tax compliance.
You acknowledge and agree that Digital Motor Limited shall have no liability in the event that any third party operator makes changes to their service or their Application Program Interface (“API”) for which render the Services or part of the Service offered obsolete or prevent access to the third party platform or service. Digital Motor Limited shall have no liability for any decisions or actions of the third party platform operator or their consequences, whether they arise with or without warning and irrespective of the consequences.
Digital Motor Limited may serve advertisements to the Site or work with a third party to serve advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that Digital Motor Limited has the right to run such advertisements and promotions. Digital Motor Limited does not control the content of these services which are supplied by third parties and the inclusion of content does not imply endorsement of the third party by Digital Motor Limited or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and the advertiser or third party. You agree that Digital Motor Limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
(b) E-mail Marketing
Digital Motor Limited and/or third parties may, from time to time, send e-mail messages to you containing advertisements, special promotions, and other marketing subject to your permission. Your correspondence or business dealing with advertisers or third parties found on the Site or via email correspondence, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser or third party. You agree that Digital Motor Limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
The Site may contain images of and links to third party sites. Linked sites are not under the control of Digital Motor Limited and you agree that Digital Motor Limited is not responsible for the content of any linked sites. The inclusion of a link does not imply endorsement of the linked sites by Digital Motor Limited or any association with its owners or operators. Your correspondence or business dealing with advertisers or third parties found on or through linked sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. You agree that Digital Motor Limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or services offered.
If you are unhappy with any product you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party.
Reviews, comments, communications and other content
Users of the Site may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of Intellectual Property, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Digital Motor Limited reserves the right (but not the obligation) to remove or edit any content. If you do post content or submit material, and unless we indicate otherwise, you grant Digital Motor Limited and its affiliates a non-exclusive, royalty-free and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and Digital Motor Limited and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your Intellectual Property associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to Digital Motor Limited including the execution of deeds and documents, at the request of Digital Motor Limited.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Digital Motor Limited the content and material is accurate; use of the content and material you supply does not breach any applicable Digital Motor Limited policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
Some of our channels will provide you with access to third party sites who will host reviews about some of the products and services available. In some instances, you may also be able to access user reviews directly on the Site. Regardless of whether you are transferred to a third parties site or read a user review on the Site, the views expressed therein do not represent views of Digital Motor Limited or the views of our associated companies and we are not responsible or liable for the accuracy or content of any such views or expressions. Digital Motor Limited takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Digital Motor Limited liable for any mistakes, defamation, slander, libel, omissions or falsehoods, you may encounter. As a provider of interactive services, Digital Motor Limited is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other Interactive Area. Although Digital Motor Limited has no obligation to screen, edit or monitor any of the content posted to or distributed through any Interactive Area, Digital Motor Limited reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Obligations of the Parties
(a) Digital Motor Limited's Obligations
Digital Motor Limited will provide such instruction to enable you to make use of the Service as Digital Motor Limited reasonably considers appropriate.
Digital Motor Limited will take all reasonable steps to ensure that all Client Data under Digital Motor Limited's control is kept secure in accordance with good industry practice.
For the purposes of the Data Protection Acts 1988 - 2003 and Directive 95/46/EC, where the provision of any part of the Service requires Digital Motor Limited to process personal data supplied by you as data controller, then Digital Motor Limited shall act only on instructions from you as data controller and shall only carry out processing on your instructions.
(b) Your Obligations
You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Digital Motor Limited are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You must not use the Site for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity. You must not use the Site to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety.
You will fully comply with all applicable laws and regulations when performing your obligations under this Agreement and obtain all third party consents, licences and rights reasonably required in order to allow Digital Motor Limited to perform the Services.
Where your own employees undertake work which impacts upon the performance of the Service, then you undertake to use sufficiently qualified and competent employees to ensure that the Services are not adversely affected or delayed.
Should you fail to perform any of your obligations under this Agreement then Digital Motor Limited will not be responsible for any delay, costs or other consequences arising from such failure, and you shall reimburse Digital Motor Limited for any costs or expenses incurred by Digital Motor Limited due to such failure. Digital Motor Limited shall not be responsible for any matter arising from a lack of appropriate IT knowledge or experience on the part of you or any of your employees.
You will (a) ensure that all reasonable steps are taken to ensure that the Service is operated in a proper manner by your employees; (b) co-operate with Digital Motor Limited in performing any support services and provide any assistance or information as may reasonably be required by Digital Motor Limited, including in relation to the diagnosis of any faults; (c) report faults promptly to Digital Motor Limited; and (d) communicate with Digital Motor Limited in a reasonable and professional manner and refrain from sending or make vulgar, abusive or harassing statements or comments to any Digital Motor Limited employee or representative.
If you are unhappy with any product you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party.
If, however, you are unsatisfied with The Service as provided by CBG, you can contact us at firstname.lastname@example.org. Please provide details as to the nature / basis of your complaint and we will respond in due course.
You may not transfer or assign any or all of your rights or obligations under this agreement.
If Digital Motor Limited fails, at any time during the term of this Agreement, to insist on strict performance of any of your obligations under this Agreement, or if Digital Motor Limited fails to exercise any of the rights or remedies to which it is entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Digital Motor Limited of any default shall not constitute a waiver of any subsequent default. No waiver by Digital Motor Limited of any provision of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This Agreement and any document expressly referred to as forming part of the agreement in it represents the entire agreement in relation to the licensing of the Service and supersedes any prior agreement, understanding or arrangement, whether oral or in writing.
We each acknowledge that, in entering into this Agreement, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations before entering into this Agreement except as expressly stated in the Agreement.
Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Agreement (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract of the Agreement.
All provisions of these terms and conditions apply equally to and are for the benefit of our affiliates and each shall have the right to enforce such provisions directly or on its own behalf. Subject to the foregoing, no term of these terms and conditions is otherwise enforceable by any person who is not a party to it.
Digital Motor Limited reserves the right to inform its employees, temporary workers or subcontractors of any confidential information relating to you or your business if such communication is necessary or desirable for Digital Motor Limited’s performance of its obligations arising from this Agreement, it being understood that Digital Motor Limited will bring the confidential nature of this aforementioned information to such persons.
Neither party shall be liable to the other by reason of any failure in performance of this Agreement if the failure arises from an event outside of its reasonable control (“Force Majeure”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government.
This agreement, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland. Any dispute arising from, or related to, any element of this Agreement shall be subject to the exclusive jurisdiction of the courts of Ireland. You agree that any legal proceedings brought by you against Digital Motor Limited arising out of or in connection with this Agreement may only be brought by you in the courts of Ireland unless you reside in another member state of the European Union. If you reside in any other jurisdiction, proceedings may be brought by Digital Motor Limited there instead.