Terms Of Use

Binding Contractual Terms

These Terms of Use relate to the use of the service known as “OnlineOctane.com” (the “Service”, the “Network”), an online platform for automotive enthusiasts to read, create, and share news, reviews, video content and other information relating to cars (together, the “Purpose”). The Service is provided by onlineoctane.com.

Upon registration to the Service and acceptance of these Terms of Use, these Terms of Use shall become a binding contract between the Online Octane Network and the person or entity subscribing to the Service (the “Subscriber”).

Definitions

Intellectual Property Rights (or IPR): all intellectual and industrial property rights whether registered or not including rights in confidential information and know-how and any right of equivalent or similar effect anywhere in the world.

Online Octane Network IP: all IPR subsisting in or relating to the Service including the computer code and other system elements underlying the Online Octane Network application, software screens, all design elements and artwork, templates, layout designs and design facilities included in the Service, the concepts and ideas underlying the Service, all statistical and analytical data captured by or through the Service and the trade mark ONLINE OCTANE and any other trade marks, trading names or signs adopted and used from time to time by the Online Octane Network in relation to the Service.

Access To And Use Of The Service

The Service is a Subscriber only facility. Initial access to the Service is allowed to the Subscriber via the Online Octane Network websites or downloading the application and registering to use the Service. Thereafter, the Service can be used by the Subscriber without restriction, save that certain functionalities may require the use of passcodes, which may be chosen or changed by the Subscriber or issued by the Online Octane Network.

Subscribers are allowed access to the Service solely for the Purpose. Any other use is strictly prohibited. The Subscriber is responsible for compliance with these Terms of Use and undertakes to ensure that it does not use the Service for any purposes other than the Purpose.

The Online Octane Network reserves the right to block a Subscriber’s access to the Service if it has reason to believe that the Service is being misused.

Term

The Service will be provided from the date on which the Subscriber registers for the Service and accepts these Terms of Use and shall continue until terminated. The Subscriber is free to terminate his or her account at any time and any passcodes will be disabled upon termination.

Security Measures

The Online Octane Network will apply all reasonable measures to protect the security of the information provided or uploaded by the Subscriber when using the Service, to allow such information to be accessible to such other Subscribers with whom the Subscriber has elected to share his/her details and shared only as envisaged by the Service.

It is the Subscriber’s responsibility and obligation to protect the security of his/her log-in details and passwords. The Online Octane Network strongly recommends that such access details should not be shared with any person.

The Online Octane Network shall be entitled (but not required) to apply security measures to protect the Service and the Online Octane Network IP and shall be entitled to block users (or IP addresses) identified or suspected as being used to access the Service without authorisation or for unlawful purposes including for disrupting or damaging the Service.

The Subscriber shall notify the Online Octane Network of any activity on the Service suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorised access to, or cause any damage to the Service.

Use of Information and Data Protection

Through the Service, Subscribers are required to complete registration details and can create, collect, process, store, communicate and share information relating to cars and themselves. The Online Octane Network shall make no use of such information in a form that is capable of being linked to any particular Subscriber (“Personal Information”) except as instructed by the Subscriber.

The Online Octane Network may need, and the Subscriber authorises the Online Octane Network, to access Personal Information where it is necessary for the Online Octane Network to do so for the purpose of operating, maintaining, updating, enhancing, monitoring and improving the performance of and functionality of the Service, for investigating any complaints or suspected prohibited use, or any security breach, and insofar as the Online Octane Network is required to do so to comply with legal requirements, the orders of any court of law or the directions of any statutory or regulatory body.

The Online Octane Network shall also be entitled to store, access, process and analyse Personal Information stored on the Service in order to create or extract statistical, analytical and other non-Personal Information and shall be entitled to aggregate, anonymise and otherwise process Personal Information in order to obtain and create databases of non-Personal Information.

Insofar as the Online Octane Network processes any Personal Information, the Online Octane Network shall do so only on behalf of the Subscriber and shall:

  • (1) process such Personal Information only to the extent reasonably necessary for the performance of its obligations under the contract or otherwise on the written instructions of the Subscriber; and
  • (2) not disclose such Personal Information to any person except as required or permitted by these Terms of Use or by law or with the Subscriber’s written consent.

The Subscriber shall notify the Online Octane Network immediately of any security breach involving the Service which it becomes aware of including any loss of Personal Information and any incident where Personal Information (relating to the Subscriber) becomes available to unauthorised persons through the Service.

The Online Octane Network shall be entitled to use non-Personal Information processed on the Service, without limitation, to obtain technical, statistical or other information. Any databases of non-Personal Information which the Online Octane Network may create out of the information on the Service from time to time shall be part of the Online Octane Network IP.

The Subscriber may, at any time, add, modify, update or remove his/her personal details from the Service.

User Generated Content

The Subscriber shall not upload to or share via the Service any data or other content (“User Generated Content” or “UGC”) that includes anything that may or may be alleged as being unlawful, defamatory, infringing of third party rights (including any third party IPRs) or in breach of any duty (including confidentiality duties) to third parties, or otherwise giving rise to third party liability, offensive, misleading, obscene, discriminatory, racist or otherwise contrary to generally acceptable ethical or moral standards in the United Kingdom or otherwise objectionable (“Inappropriate Material”).

The Online Octane Network does not monitor the use of the Service by Subscribers and does not screen User Generated Content and does not take any other steps to ensure that Inappropriate Material is not uploaded to or shared via the Service. The Subscriber shall notify the Online Octane Network as soon as it becomes aware of any Inappropriate Material that is uploaded to or shared via the Service. The Online Octane Network reserves the right (but shall not be obliged) to block or delete any content that it reasonably deems to be Inappropriate Material of which it becomes aware without notice to the Subscriber and to block access to the Service to any Subscriber who uses the Service to publish or share Inappropriate Material and to report such activity to the police, regulators or other public authorities if it is suspected of being unlawful.

User Generated Content Licence Terms

The Subscriber grants to the Online Octane Network a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully assignable right to publish, communicate to the public and make available to the public your UGC and to exploit it in any other ways and for any purposes including by authorising any other person to do so (including the right to use and register the UGC) as our own or any other person’s trade mark, trading name, internet domain names and in digital addresses anywhere in the world, unless you already have valid and enforceable prior trade mark rights in, or an established good will associated with, the UGC, which you remain free to assert.

You hereby irrevocably waive, to the fullest extent permitted by law, all rights under Chapter IV of the Copyright, Designs and Patents Act 1988 (“CDPA”) (known as “moral rights”) in relation to your UGC and any similar or equivalent right under the laws of any jurisdiction, including the right to require to be identified as the author of the UGC or the right to object to derogatory treatment of the UGC, or any other morals rights in connection therewith. This waiver is made in favour of the Online Octane Network and for the benefit of our future successors in title and for the benefit of all persons having (at present or at any time in the future) the right, with our or with our successor’s consent, to use, exploit, modify, further develop, license, sell or otherwise commercialise the UGC.

Removal of User Generated Content

The Subscriber may, at any time, remove from the Service his/her UGC. Upon removal by the Subscriber of any UGC:

  • (1) a copy of the UGC shall be retained on the Service for audit and archive purposes but shall not be available publicly;
  • (2) where such UGC has been shared with other Subscribers or via other social media platforms (such as Twitter or Facebook) any information relating to such UGC appearing on such platforms will still be publicly available although any links to the UGC appearing on the Service will be disabled; and
  • (3) pursuant to the licence above, we may still continue to use the UGC in accordance with the terms of such licence.

Intellectual Property

As between the parties, the Online Octane Network is the sole owner of and has the exclusive right to exploit, use, license, sell, reproduce, modify or adapt any and all parts of the Service and the Online Octane Network IP including the structure, design and layout of the Service, the screens, interfaces, functionalities, the computer code that operates the Service, the artistic work, data captured by the Service (without prejudice to the Subscriber’s rights under applicable law and under these Terms of Use in relation to Personal Information) and any databases comprising such data, any trading name and trade marks and any other names, logos, slogans and other signs used in relation to the Service, the get-up of the Service, and the domain names and email addresses used by the Service.

The Subscriber agrees and acknowledges that it shall not acquire and it irrevocably disclaims any right, title, interest or licence in or under any of the Online Octane Network IP, except the limited right to access and use the Service during the Term in accordance with these Terms of Use.

Other than to receive and use the Service in accordance with these Terms of Use or otherwise with the Online Octane Network’s prior written consent, and except to the extent permitted under sections 50A, 50B, 50BA and 296A of the CDPA or under any mandatory statutory provisions amending or substituting those provisions which are applicable in the United Kingdom including under European Union legislation, the Subscriber shall not and shall not assist, procure or authorise any other person to do any of the following, that is:

  • (i) use the Service for the benefit of any third party, or lend, lease, transfer, or grant the Service to any third party, or cause or permit any use, display, transfer of possession, sublicensing, publication, or other dissemination of the Service, in whole or in part, to or by any third party other than the Subscribers; or
  • (ii) modify, amend, reverse engineer, decompile, disassemble, re-engineer or otherwise re-create or attempt to re-create the code or the structural framework for part or all of the Service or reproduce, make adaptations or derivative works to the Service, or any of the Online Octane Network IP; or
  • (iii) remove or change any proprietary or copyright notices, trade marks or trading names or other indications of source or ownership (of the Online Octane Network, or any third party) that are included in the Service.

Warranties

The Subscriber warrants and represents to the Online Octane Network as set out below:

  • (1) The Subscriber is entitled to create and share the UGC uploaded to the Service and the use of the UGC will not infringe the IPRs of others.
  • (2) The Subscriber has fully complied with any third-party licenses relating to the UGC.
  • (3) The UGC does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
  • (4)The UGC is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing) and is not pornographic, does not contain any Inappropriate Material.
  • (5) His/Her UGC is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods.
  • (6) The information provided to the Online Octane Network on any registration or application form, profile sheet, by email, postings, telephone or through other means including all personal details, contact details and all other data provided to the Online Octane Network are true in all respect, up-to-date and not misleading in any way.
  • (7) The Subscriber will keep the information referred to in paragraph (6) up to date.
  • (8) The Subscriber will not access the Service under false identity or pretext and shall not use it to falsify the Subscriber’s or any other person’s identity (however, this shall not prevent the Subscriber from using an adopted name provided the name is used lawfully and in good faith).
  • (9) The Subscriber will use the Service lawfully and in good faith.
  • (10) The Subscriber will keep his or her log-in details and password secured and will not share such information with third parties.

The Online Octane Network warrants to the Subscriber as set out below:

  • (1) The Service as provided by the Online Octane Network does not infringe the copyright of any person and the Online Octane Network has the right to provide the Service and owns or has the right to use the Online Octane Network IP.
  • (2) The Online Octane Network shall use reasonable efforts to provide the Service free of any computer viruses, worms, trojans, spyware or other malicious code.

The Service is provided to the Subscriber on an “as is” basis. Other than the warranties, covenants and representations expressly set out above, the Online Octane Network gives no warranty nor makes any representation in relation to the Service or the Online Octane Network IP. The Online Octane Network expressly disclaims to the fullest extent permitted by law and the Subscriber waives any representation or warranty on the part of the Online Octane Network relating to Service or the Online Octane Network IP that may be implied by these Terms of Use, by custom, or by law or otherwise and which is not expressly set out herein, including any implied warranties of availability of the Service, non-disruption, quality, merchantability, title or entitlement, fitness for a particular purpose, ability to achieve a particular result or functionality and non-infringement of third party rights.

Indemnity

The Subscriber agrees to indemnify the Online Octane Network, its directors, employees, agents, representatives (“Indemnified Persons”) for any loss, damage, cost or liability arising to any Indemnified Persons as a result of any claim, demand or proceedings brought or threatened against the Indemnified Persons in connection with any breach by the Subscriber of these Terms of Use, including any breach of warranty, or any misrepresentation or negligence by the Subscriber in relation to the Subscriber’s subscription to the Service or its use, or out of the Subscriber’s use of the Service, including any posting or uploading or sharing of Inappropriate Material (save where such claim or allegation arises out of the breach by the Online Octane Network of an express covenant or warranty under these Terms of Use).

Limitations On Liability

In no event shall a party be liable to the other under these Terms of Use or in connection with its performance or breach, or in connection with any warranties hereunder, or in connection with the Service, including for its negligence, for any indirect, incidental, consequential or special damages, including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business, even if the other party has been advised of the possibility of such damages in advance.

The Online Octane Network shall have no liability whatsoever for any damage, liability or loss that the Subscriber may incur, or to any other undesirable consequences, resulting from any suspension or disruption of the Service, including where such suspension or disruption results from the Online Octane Network negligence.

The Online Octane Network shall have no liability whatsoever for any damage, liability or loss that the Subscriber or any other person may incur, or to any other undesirable consequences, resulting from of the Subscriber’s breach of his or her warranties or other obligations under these Terms of Use including, without limitation, the obligation to keep log-in details and password secure or from the sharing of these details with any other person.

Each party’s maximum aggregate liability for any single event (or a series of related events) giving rise to a claim in connection with these Terms of Use or in relation to the Service, either for breach of contract, breach of warranty, misrepresentation or negligence (save for an express indemnity) shall be limited to £50.

Nothing in these Terms of Use shall limit or exclude a party’s liability for death or personal injury caused by that party’s negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded by law.

A party shall not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power cuts electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by the Online Octane Network, the Online Octane Network shall use reasonable efforts to notify Subscribers through the Service or through its website or by email communication.

Termination Of The Service

The Online Octane Network may terminate the Subscriber’s subscription to the Service without notice, in the event the Subscriber:

  • (1) breaches these Terms of Use including any warranties;
  • (2) misuses or challenges the Online Octane Network rights in the Online Octane Network IP; or
  • (3) uses or attempts to use the Service for purposes other than the Purpose.

The Online Octane Network may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by Subscribers. The Online Octane Network shall use reasonable endeavours to notify Subscribers of the cessation of the Service or any changes that would impact on the Subscribers’ use of the Service. The Online Octane Network may give such notices through the Service or on its website or by email communications.

The Subscriber may, at any time, unsubscribe from the Service.

Upon the termination of a subscription or termination of the Service:

  • (1) the Subscriber’s right to access and use the Service shall immediately terminate; and
  • (2) all Personal Information and UGC of the Subscriber shall be permanently deleted from the Service, save that –
  • (a) copies of the Subscriber’s data may remain stored for limited periods of time on back-up media which shall be cleansed from time to time;
  • (b) Personal Information or other UGC that the Subscriber shared with other Subscribers through the Service will remain stored, as current immediately before the Subscriber left the Service, on such other Subscribers’ devices and will remain under their sole control and where UGC has been shared via other social media platforms (such as Twitter or Facebook) any information relating to such UGC appearing on such platforms will still be publicly available although the details of the Subscriber who created the UGC will be anonymised; and
  • (c) The Online Octane Network reserves the right to retain records of the Subscriber’s Personal Information or other UGC posted on the Service by the Subscriber if it reasonably requires to keep such records for legal purposes including to comply with its legal or regulatory duties, to investigate and respond to complaints (including from other Subscribers), to enforce these Terms of Use or to defend itself against any claim or legal threat or allegations or if it requires to retain such data for other legitimate reasons; and
  • (3) The Online Octane Network shall be entitled to retain any data in non-Personal Information form which may have been extracted or obtained from the Subscriber’s Personal Information or other UGC including any aggregated, anonymised or otherwise de-personalised data.

General

Nothing in these Terms of Use shall create, or be deemed to create, a partnership or joint venture and shall not be construed as giving rise to the relationship of principal and agent between the parties.

If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms.

A person who is not a party to these Terms of Use shall have no rights to enforce the provisions of these Terms of Use under the Contracts (Rights of Third Parties) Act 1999.

No modification, alteration or waiver of any of the provisions of these Terms of Use shall be effective unless in writing and signed on behalf of each of the Parties.

No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.

These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, letters and other arrangements between the parties in relation to the subject matter hereof. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use. This clause does not affect a party’s liability in respect of a fraudulent misrepresentation.

These Terms of Use are governed by English law and the Parties submit to the exclusive jurisdiction of the courts of England in relation to any dispute between them arising out of the subject matter of these Terms of Use.