General Terms & Conditions for the BestSellingCarsBlog.com website
BSCB publishes new car sales statistics information and analysis and offers Users free access to services available at the time of connection such as new car sales commentary and analysis as well as data tables for articles 7 days and under.
BSCB also gives Subscribers access to data tables for each and every article on the site, spanning over 100 years of historical data. To access this data, Users must become Subscribers to BestSellingCarsBlog and pay a fee.
These General Terms & Conditions dictate the rules of use of the BestSellingCarsBlog.com website as well as BestSellingCarsBlog’s obligations. The User agrees, at every visit to the site, to abide by these Terms & Conditions that apply to all products and services available on the site, free or not.
As a consequence, the User accepts fully and without reserve, the entire Terms & Conditions of use of BestSellingCarsBlog before any subscription, consultation of information and/or simple free use of the site.
Some specific services of this website can require additional and specific Terms & Conditions, which are indicated as such and as needed, and which complete these present Terms & Conditions.
BestSellingCarsBlog reserves the right to modify the general Terms & Conditions of use of the site at any time. It is therefore advised to the User to regularly refer to the last version of these Terms & Conditions, available at any time at this address: http://bestsellingcarsblog.com/terms-and-conditions/
In these Terms & Conditions:
“BSCB” stands for BestSellingCarsBlog
“Site” stands for all products and services offered by BestSellingCarsBlog from the BestSellingCarsBlog.com web address, including all of the site’s content, free and not free.
“User” designs any visitor to BestSellingCarsBlog.com, wherever this person is located at the time of connection and however this connection is established. Users include Subscribers.
A “Subscriber” is a User that has purchased a subscription to BSCB.
BSCB gives the User the right to consult the Site for personal use. This right is revocable, non-transferable, non-exclusive, free or not - depending on the nature of the information accessed on the Site.
III. Access and Use of information available on the Site
3.1. Equipment (computer, phone, software, telecommunication means) enabling the access to the Site and some of its specific services are the responsibility of the User, as well as telecommunication fees incurred by its use.
3.2. When subscribing online, the User must provide true, exact and complete personal information when needed, such as a valid email address for example. In case the User provides false, inexact or out-of-date information, BSCB has the right to suspend or cancel the User’s subscription and refuse access to all or part the site, immediately and in future.
3.3 BSCB gives the User the right to consult, use and access information on the site at these conditions:
In general terms and without this list being considered exhaustive, the User agrees to:
- Only download the Site’s information on its equipment for personal use and for a limited time only. The User cannot trade this information for professional or commercial purposes and cannot receive any financial compensation from doing so.
- Print out the downloaded information on paper only if the copies made are subject to personal use only, which excludes in particular any reproduction for professional or commercial purposes or mass distribution, including in any medium, free or not.
- Not copy all or part of the Site to another website or internal corporate network without requesting permission in advance to BSCB and having received permission to reproduce.
- Not reproduce, copy or summarise any information provided by the Site for any Press summary or review without prior written authorisation by BSCB.
- Not create a press summary, review, magazine or panorama based on information or photographs marked as belonging to a third party provided, or to reuse this information to propose and/or broadcast on any other support whatsoever outside the strict legal framework for private copying.
- Not to copy, reproduce, summarise, alter, modify, move, remove, replace, redistribute or broadcast without prior written permission by BSCB any editorial content of information (Text, articles, title and/or illustrations, photos) and/or the name, logo, brand BestSellingCarsBlog and/or its entitled holders, and/or any other information relating to the rights of BestSellingCarsBlog and/or its bearers on the information.
- Too establish appropriate control systems in line with current technical developments prevent piracy of information and in particular to prevent the illicit use or the use contrary to these Terms & Conditions of any information in any manner and in any form whatsoever.
- Inform BSCB as soon as the User is aware of any act of piracy, in particular any illegal or non-contractual use of the information present on the Site, with whichever delivery method used.
Violation of these provisions subjects the User and all those who have participated in to criminal and civil penalties provided by law.
IV. USE OF PROFESSIONAL DATA (AND PROTECTION OF PRIVACY)
4.1. The email address and password chosen by the User when filling the registration form allow the User to identify him/herself and connect to the services subscribed to on the Site. They are personal and confidential. They can be modified online by the User or by BSCB at the request of the Subscriber (password forgotten, hacked...).
The Subscriber is entirely responsible for the use of access codes linked to its Subscription. Any connection to the website or transmission of data made from the User’s Access Codes will be deemed to have been made by the latter.
4.2. The User agrees to keep his Access codes secret and not disclose them in any form whatsoever to third parties. In this respect, the User has the possibility to ensure that at the end of each session, he can disconnect explicitly.
Misappropriation or unauthorized use of access codes and their consequences fall under the responsibility of the User.
4.4. BSCB respects the privacy of Users and strictly adheres to laws on the protection of privacy and individual freedoms. Thus, personal and/or professional information transmitted by each User is intended for BSCB and / or its partners. They are in no way sold to third parties for advertising and / or promotional purposes.
Pursuant to the relevant Australian laws relating to computers, files and freedoms, each User has a right to oppose, access, correct and delete its personal data. Each User may exercise this right at any time online by going to his Account on the Site or by writing to BSCB by e-mail or mail.
V. SUBSCRIPTION - TERMINATION
5.1. The commissioning of a subscription service is performed by BSCB in the briefest delay, taking into account technical requirements.
The implementation of an electronic subscription service is performed by BSCB upon receipt of confirmation of his subscription by the Subscriber to the email address on the Registration Form.
5.2. Subject to the provisions of Articles 5.5 and 6.3. below, fixed-term subscriptions cannot be refunded and / or terminated by the Subscriber or BSCB before the end of its term.
5.3. BSCB will not be held responsible for the non-execution or delay in the performance of an obligation contained in these Terms and Conditions and / or in the subscription to BSCB, following the occurrence of an event of force majeure, as recognized by the jurisprudence of Australian courts.
The force majeure suspends the obligations born of these General Conditions and / or subscription throughout its duration.
5.4. The arrival of the term or termination of the subscription will delete access to the paid-for services. However, the Subscriber has the possibility to purchase a new Subscription at any time in the future.
VI. RATES AND PAYMENT
The membership rates, and status of membership (recurring or not) are stated before any subscription and are periodically revised. The rates do not include special or promotional offers. The price of membership is that in force on the date of the subscription. Possible changes in the membership rate have therefore no effect on the current subscription. The subscription rate is that in force on the date of its application by the User.
6.2. Payment terms for subscribing to BSCB:
The Subscriber may make the payment of subscription:
- Either via PayPal by following the instructions on the Site
- Or by bank transfer. For this, the User must contact BSCB via the contact section of the site to arrange details of the transaction.
The Subscriber is charged on the date of effect of its accession or date of renewal.
The amounts due are payable from the date of invoice and are non-refundable.
6.3 Payment incidents and complaints
In case BSCB does not receive or could not cash the subscription payment, its membership will be discontinued within 10 (ten) days after the date of due payment. Any claim or contestation may be made by sending an email to the following address firstname.lastname@example.org
VII. RULES OF USE OF THE INTERNET
BSCB agrees to use its best efforts to secure access, consultation and use of information under the rules of Internet use. The Site is accessible round the clock, 7/7 days except in cases of force majeure or the occurrence of an event beyond the control of BSCB and subject to possible breakdowns and maintenance necessary for the proper functioning of the Site. Maintenance operations can be made without Users having been previously warned.
The User agrees to the characteristics and limitations of the Internet, and especially recognises that:
- His/her use of the Site is at his/her own risk; The Website is accessible to him/her "as is" and may vary depending on its availability;
- Any material uploaded by the user or obtained in any other manner during the use of the Site is at his/her own risk; Users are solely responsible for any damage suffered by their computer or any loss of data subsequent to the download of this material or the consultation of the Site;
- Users are solely responsible for taking all appropriate measures to protect their own data and / or software from contamination by potential viruses circulating through the Site and / or its information;
- No advice or information, whether oral or written, obtained by the User of the Site or while using the Site create any warranty not expressly provided for in these Terms and Conditions; the User is solely responsible for his/her use of this information on the site and therefore BSCB cannot be held responsible for direct or indirect damages arising from the use of such information;
- The User is solely responsible for the use of the content of other sites with a hypertext link to the Site, BSCB declines all responsibility for such content;
- The User is aware of the nature of the Internet, particularly its technical performance and response times for consulting, querying or transferring information;
- The User’s communication of its access codes or generally any information deemed confidential is made under his own responsibility;
- It is up to the User to take all necessary measures to ensure that the technical characteristics of his equipment enable the consultation of the information present on the Site.
VIII. INTELLECTUAL PROPERTY OF BSCB
8.1. BSCB is the exclusive owner of all intellectual property rights concerning both the structure and the content of the Site.
8.2. These Terms and Conditions of Use do not result in the transfer of any intellectual property to the benefit of the User, this concerns both the structure and the content of the Site.
Thus, the User specifically agrees not to use the information so as to prejudice the rights of BSCB and that such use does not constitute an infringement, or unfair and / or abusive competition.
IX. LIMITATION OF LIABILITY
BSCB cannot give any guarantee as to the reliability of all information and data on the Site, whether provided by BSCB, by its partners or by any third party.
Therefore, all information and other data on the site is provided solely for information purposes.
The provision of information cannot be equated in any way whatsoever, to specific advice or help with the decision to carry out a transaction or taking an investment decision. The User acknowledges accordingly the use of information and data from the Site at his/her own risk.
Therefore, BSCB cannot be held responsible for any prejudice or damage that may result from the use of information and / or data available on the Site.
Similarly, BSCB declines any responsibility regarding the content, operation, services offered and access to websites published by third parties and accessible from the site by hypertext links.
Finally, if the User contracts with advertisers on the Site, BSCB assumes no liability or responsibility for the delivery of products and services offered by its trading partners.
10.1. If any provision of these Terms and Conditions was to be declared void or unenforceable under any law, regulation or following a decision by a final court, it would be deemed unwritten and other provisions would remain in force.
10.2. The contractual relationship between BSCB and the User shall be governed solely by the provisions of these Terms & Conditions.
10.3. The Subscriber may assign all or part of the rights and obligations arising from the subscription and / or membership only after prior written consent of BSCB and subject to the strict respect of the conditions stipulated in these Terms and Conditions.
XI. APPLICABLE LAW AND JURISDICTION
11.1. These Conditions of Use are subject in all respects to Australian law.
They were written in English, which will be considered, in any event, as the sole language.
11.2. The Parties agree to make every effort to resolve amicably any dispute that may arise from the interpretation, execution and / or termination of these Terms of Conditions. Otherwise, said dispute shall be submitted to the exclusive jurisdiction of competent courts of jurisdiction of the Court of Appeal of Sydney, Australia, even in case of incidental request or guarantee or multiple defendants.
Publisher for BestSellingCarsBlog.com
21 Comber Street
Paddington NSW 2021
Phone: +61 404 228 682
Founder: Matt Gasnier
Host: Liquid Web, USA
Creation date: 30 November 2010