www.imoc.co.ukLegal Notice
IMOC-UK is a free, internet-based club where MR2 enthusiasts can discuss anything MR2, organise meets and discuss events
(with a bias towards the UK). Our website forums have a great reputation, due to their quality of content and their friendly environment.
The rules set out in this legal notice will help to keep the quality of the posts high and make for a pleasant atmosphere. This legal notice is divided into two parts: Part A contains the Terms of Use for our website, whilst Part B contains our Privacy Policy concerning the use of personal data collected via our website.
PART A: TERMS OF USE(1) These Terms of UseThese Terms of Use
(the Terms) govern your use of our website at www.imoc.co.uk and any successor website operated by us (the Website).By using the Website, you accept these Terms in full.
If you disagree with any part of these Terms, do not use our Website. If you register with the Website or enter into an affiliate agreement with us
(and become an Affiliate) you will be asked to give your express consent to these Terms.(2) Intellectual property rightsUnless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website.
Subject to the licence below, all these intellectual property rights are reserved.In respect of all material that you post on our Website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
You waive any moral rights you may have in relation to such material.You warrant that our use of the material you post to or send via our Website will not breach any applicable law or infringe any third party's intellectual property rights or other legal rights under any applicable law, and will not give rise to any cause of action against us in any jurisdiction.
(3) Licence to use Website You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions below.
You must not:
(a) republish material from the Website (including republication on another Website);(b) sell, rent or sub-license material on the Website;(c) reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;(d) edit or otherwise modify any material on the Website; or(e) redistribute material from the Website.(4) Limitations of liabilityWhilst we endeavour to ensure that the information on the Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions
(including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).Our liability is limited and excluded to the maximum extent permitted under applicable law.
To the extent that the information on the Website is provided free-of-charge, you acknowledge that it would be unreasonable to hold us liable in respect of the Website and the information on the Website. In addition, we will not be liable for any consequential or indirect loss or damage arising under these Terms or in connection with our Website, whether arising in tort, contract, or otherwise. Nor will we be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under Terms or in connection with our Website, whether direct or indirect, and whether arising in tort, contract, or otherwise.However, nothing in these Terms shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Restricted accessAccess to certain areas of our Website is restricted.
We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion.
We also reserve the right to suspend or delete any free accounts created on the Website without notice at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or services, you must ensure that that user ID and password is kept confidential.
You accept responsibility for all activities that occur under your user ID or password.We may disable your user ID and password at our sole discretion.
(6) Forum and private messaging servicesPlease note that the material in the Website forums is submitted by our users, and unless directly stated the discussions are NOT endorsed by Toyota GB Ltd or any other Toyota company.
You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.
You must not use our Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our Website for any purposes related to marketing, advertising, promotion, supply and/or sale goods and/or services unless:
(i) you are an Affiliate, in which case you may only use the Website for such purposes as are expressly permitted by your Affiliate agreement; or (ii) you are a private seller selling parts from a single car.You must not use our Website to copy, publish or send mass mailings or spam.
You must not use our Website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.
The material you copy, publish or send via our Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any persons intellectual property rights or rights of confidence, impinge upon any persons privacy, or constitute incitement to commit a crime; such material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing, menacing or factually incorrect; further, such material must be appropriate, non-misleading, civil, tasteful and accord with generally accepted standards of morality and etiquette.
A guide to etiquette on our website forums
is available here.We reserve the right to edit or remove any material posted upon our Website in our sole discretion for any reason.
If you become aware of any material on the Website which contravenes these Terms, you must notify us using the notification system on the Website.
Notwithstanding the provisions of these Terms, we do not actively monitor user generated content on the Website.
(7) Premium MembersIn order to become a paying member of the Website
(a Premium Member), you must take the following steps: register with the website, click on the Premium Membership icon at the top of the Forum pages, select the Premium Members Group to Join, click the PayPal Subscribe button, and pay the applicable subscription fees via Paypal.Premium Membership will continue for the period specified on the Website, and at the end of that period
(and each subsequent period of Premium Membership) will be automatically renewed for a further period of the same length. However, we may terminate your Premium Membership (with or without giving you written notice of termination) if you breach any provision of these Terms.Premium Members may cancel their Premium Membership by sending to us a written notice of cancellation at any time within 7 working day after the Premium Membership comes first into effect; providing that the Premium Member has not, at or before the time of the cancellation, taken advantage of any of the benefits of the Premium Membership.
If you cancel your Premium Membership on this basis, we will refund your subscription fees to you via Paypal within 30 days of the date of cancellation.Premium Members will have access to the benefits specified on the Website from time to time
(which may include access to additional Website forums and discounts on products and services from Affiliates and others). We may vary the benefits attaching to Premium Membership in our absolute discretion.
(8 ) Breaches of these TermsWithout prejudice to our other rights under these Terms, if you
(including for the avoidance of doubt Premium Members and Affiliates) breach these Terms in any way, or if we reasonably suspect that you have breached any of these Terms in any way, we may:(a) delete or edit any of your contributions to the Website(b) send you one or more formal warnings;(c) temporarily suspend your access to the Website;(d) permanently prohibit you from using the Website;(e) block computers using your IP address from accessing the Website;(f) contact your internet services provider and request that they block your access to the Website; and/or(g) bring court proceeding against you for breach of contract or otherwise.If you submit a contribution to the Website in breach of these Terms, you will usually be sent a notice informing you why your contribution has been moderated.
Where we suspend or prohibit your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition
(including without limitation using a different account).(9) Dealings with third partiesYour correspondence or business dealings with, purchase from, sales to, or participation in promotions of, third parties found via the Website, are solely between you and the relevant third party.
To the fullest extent permitted by applicable law, you agree such correspondence, dealings, purchases, sales and promotions are carried out at your sole risk and we have no responsibility or liability for any loss or damage that you may suffer as a consequence.
Any orders placed by you on, and any product specifications and product availability appearing on, the site are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.
(10) IndemnityYou will indemnify us and will keep us indemnified against all damages, losses and expenses
(including legal expenses) arising as a result of any breach by the you of any of these Terms.(11) VariationWe may revise these Terms from time-to-time.
Please check this page regularly to ensure you are familiar with the current version.(12) Entire agreementThese Terms, our Privacy Policy and any Affiliate agreement we may enter into with you constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of the Website.
(13) LawThese Terms will be governed by and construed in accordance with English law.
(14) Third Party RightsThese Terms are not intended to benefit any third party or be enforceable by any third party.
The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these Terms are not subject to the consent of any third party.(15) Our contact detailsThe full name of our company is IMOC-UK Ltd.
We are registered in England & Wales under registration number 6343647. Our registered office at 7-9 The Avenue, Eastbourne, East Sussex BN21 3YA.You can contact us by writing to the above address or by email to [email protected].
PART B: PRIVACY POLICYWe are committed to safeguarding the privacy of our Website visitors; this Privacy Policy
(the Policy) sets out how we will treat your personal information.(1) What information do we collect?We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of the Website, such as your IP address, geographical location, browser type, referral source, length of visit and number of page views;(b) information that you provide to us for the purpose of registering with us (including your email address);(c) information that you provide to us for the purpose of becoming a Premium Member (including the email address linked to your Paypal account);(d) information that you provide to us for the purpose of becoming an Affiliate (which may include details of your business name, trading address, business contact name, contact telphone number, contact email address, company registration number, VAT registration number and/or business insurance);(e) information that you provide to us for the purpose of subscribing to our Website services, email notifications and/or newsletters; and(f) any other information that you choose to send to us.(2) CookiesWe use both session and persistent cookies on the Website.
A cookie is a text file sent by a web server to a web browser, and stored by the browser.
The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. We may send cookies which may be stored by your browser on your computers hard drive.
We may use the information we obtain from the cookie in the administration of the Website, to improve the Websites usability and for marketing purposes. We may also use that information to recognise your computer when you visit our Website, and to personalise our Website for you.Most browsers allow you to refuse to accept cookies.
(For example, in Internet Explorer you can refuse all cookies by clicking Tools, Internet Options, Privacy, and selecting Block all cookies using the sliding selector.) This will, however, have a negative impact upon the usability of many websites, including this one. For example, automatic login will only be available to users with cookies enabled.In addition, we use Google Analytics to analyse the use of the Website.
Google Analytics generates statistical and other information about Website use by means of cookies, which are stored on users' computers. The information generated relating to our Website is used to create reports about the use of the Website. Google will store this information. Google's privacy policy is available at: http://www.google.com/privacypolicy.html.(3) Using your personal dataPersonal data submitted on the Website will be used for the purposes specified in this Policy or in relevant parts of the Website.
We may use your personal information to:
(a) administer the Website;(b) improve your browsing experience by personalising the Website;(c) enable your use of the services available on the Website;(d) manage your account on the Website;(e) send statements and invoices to you, and collect payments from you;(f) send you general (non-marketing) commercial communications;(g) send to you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications to be sent by emailing us at [email protected]);(h) provide third parties with statistical information about our users but this information will not be used to identify any individual user; and(i) deal with enquiries and complaints made by or about you relating to the Website; and(j) assist in the resolution of disputes relating to the Website (including accessing and disclosing to others information sent using the Website private messaging services).We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
(4) Other disclosuresIn addition to the disclosures reasonably necessary for the purposes identified elsewhere in this Policy, we may disclose information about you:
(a) to the extent that we are required to do so by law;(b) in connection with any legal proceedings or prospective legal proceedings;(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and (d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.(5) International data transfersInformation that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this Policy.
In addition, personal information that you publish via the Website may be accessed from anywhere in the world.
If you are in the European Union, information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Union.
You expressly agree to such transfers.
(6) Security of your personal dataWe will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure servers, which information will be password-protected.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential.
We will not ask you for your password.(7) Policy amendmentsWe may update this Policy from time-to-time by posting a new version on our Website.
You should check this page occasionally to ensure you are happy with any changes. (8 ) Your rightsYou may instruct us to provide you with any personal information we hold about you.
Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).You may instruct us not to process your personal data for marketing purposes by email
(to [email protected]) at any time. (9) Third party websitesThe Website contains links to other websites.
We are not responsible for the privacy policies or practices of third party websites.(10) Updating informationPlease let us know if the personal information which we hold about you needs to be corrected or updated.