Website Terms Of Use

This page (together with the documents referred to on it) tells you the terms of use ("terms") on which you may make use of our website www.bradleysmith38.com ("our site") including any orders you place with us. Please read these terms carefully before you start to use our site. By using our site, you agree to be bound by these terms and to abide by them regardless of whether or not you choose to register with us. If you do not agree to these terms please do not access, use or contribute to or order from our site.

We may change these terms from time to time by amending this page. You are expected to check this page regularly. By continuing to use our site you will be deemed to have accepted the updated or amended terms. If you do not agree to the changes, you should cease using our site.

www.bradleysmith38.com is a site operated by BRADLEY SMITH RACING LIMITED ("BSR", "we", "us" or "our"). We are a limited company registered in England and Wales under company number 05277311. Our registered office is at c/o Cater & Company, Robert House, 19 Station Road, Cinnor, Oxfordshire OX39 4PU. Our VAT number is 851765701. Bradley Smith Racing and BS38 are a trading names of BRADLEY SMITH RACING LIMITED.

Use Of Our Site

Access to our site is permitted on a temporary basis and BSR reserves the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation;
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm minors in any way;
  • To send, knowingly receive, upload, download, use or re-use any material which does not, in our opinion, comply with our content standards;
  • To transmit, or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • In any way that interferes, restricts or inhibits another user's use of our site;
  • In any way that causes or intends to cause harassment, alarm, distress or inconvenience to another person, including but not limited to transmitting obscene or offensive content of any nature through our site posting or uploading any defamatory or illegal material on our site.

You also agree not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of these terms.

Interactive Services

We may from time to time provide interactive services on our site, including, without limitation access to or information from third parties' Twitter feeds or Facebook pages.

We will do our best to assess any possible risks for users (and, in particular, for children) from third parties when they use any interactive service provided on our site. However, any interactive services may not be moderated and we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

We reserve the right to promptly remove or disable access to any interactive service which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights or is otherwise breach of these terms.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Content Standards

Where you contribute any material to our site and to any interactive services associated with it ("contributions") the following shall apply to each part of any contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts), be genuinely held (where they state opinions), comply with applicable law in the UK and in any country from which they are posted;
  • not contain any material which is defamatory of any person;
  • not contain any material which is obscene, offensive, hateful or inflammatory, promote sexually explicit material, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • not infringe any copyright, database right or trade mark of any other person, be likely to deceive any person;
  • not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • not be threatening, abusive or an invasion of another's privacy, or cause annoyance, inconvenience or needless anxiety, be likely to harass, upset, embarrass, alarm or annoy any other person;
  • not be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • not give the impression that they emanate from us, if this is not the case;
  • not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any contribution is your own original work and does not infringe the intellectual property rights of any third party and you agree to indemnify us for any breach of this warranty.

Any contribution will be considered non-confidential and non-proprietary and by submitting a contribution to our site, you agree to grant BRADLEY SMITH RACING LIMITED free of charge a perpetual transferrable non-exclusive licence to freely use, copy, distribute, edit, alter, reproduce and publish your contribution and disclose your identity to any third party who claims it or violates their intellectual property rights or privacy rights. By submitting your contribution, you are warranting that you have the right to grant BRADLEY SMITH RACING LIMITED this licence; if you cannot do so, please do not submit the contribution to our site.

We will not be responsible or liable to any third party for the content or accuracy of any contribution. We have the right to remove any contribution in our absolute discretion.

Intellectual Property

Unless expressly stated otherwise and save for any contributions, all copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on our site and all content (including all applications) located on our site belong to and shall remain vested in BSR. These works are protected by copyright laws and treaties and all such rights are reserved. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use our site content in any way except for your own personal and non-commercial use. Any other use of our site content requires the prior written permission of BSR.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

BSR's status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option return or destroy any copies of the materials you have made.

The names, images and logos identifying BRADLEY SMITH RACING LIMITED and BS38 are subject to copyright, design rights and trademarks of BSR. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of BSR or any other third party.

Bradleysmith38.com Communities

In order to participate in and contribute to selected communities you may be required to register with bradleysmith38.com. Any personal information supplied to bradleysmith38.com including your access to our site as part of this registration process and/or any other interaction with bradleysmith38.com will be collected, stored and used in accordance with our PRIVACY POLICY. By using our site, you consent to such processing and you warrant that the data provided by you is accurate.

Your BSR Account:

All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.

If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or if a non UK user pretends to be a UK user, or disrupts any of our services in any way.

Disclaimers And Limitation Of Liability

Our site content, including the information, names, images, pictures, logos and icons regarding or relating to the BSR, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis and as such BSR does not guarantee that you will be able to use it any particular time and you agree that we shall have no liability to you if you are unable to access our site for any given period of time. The material displayed on our site including our interactive services is provided without any guarantees, conditions or warranties, as to its accuracy or completeness and is not intended to amount to advice on which reliance should be placed. We, therefore, to the fullest extent permitted by law exclude:

  • all liability and responsibility arising from any reliance placed by you on such materials and by anyone who may be informed of its contents; and
  • all conditions representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
  • any liability for any direct, indirect or consequential loss or damage incurred by any use in connection with our site, its use, inability to use or the use of any websites linked to our site or materials posted on it including without limitation (whether such damage or losses were foreseen, foreseeable, known or otherwise);
    • loss of data;
    • loss of revenue or anticipated profits;
    • loss of business;
    • loss of opportunity;
    • loss of goodwill or injury to reputation;
    • losses suffered by third parties; or
    • wasted management or office time.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our or our employees negligence or our liability for fraudulent misrepresentation or any liability that we cannot exclude under applicable law.

We do not warrant that functions available on our site will be uninterrupted or error free, that defects will be corrected, or that our site or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Transactions Concluded through our Site

Contracts for the supply of goods and services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.

Viruses, Hacking And Other Offences

You must not misuse our site by knowingly transmitting, sending and uploading or introducing any material that contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking To Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other website, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.

Links From Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of our contents standards and/or terms through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with our contents standards constitutes a material breach of these terms and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our site;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of our terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

General

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

The failure or delay of BSR to exercise or enforce any right in these terms does not waive BSR's right to enforce that right.

These terms and any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claim) shall be governed by and interpreted in accordance with English Law and the English courts shall have exclusive jurisdiction over any disputes or claims provided always BSR may bring any action or proceedings, including without limitation enforcement proceedings in such jurisdiction as in its absolute discretion it determines.

Contacting BSR About These Terms Of Use

If you have any concerns about material which appears on our site, please contact us at: info@bradleysmith38.com or BRADLEY SMITH RACING LIMITED, c/o Cater & Company, Robert House, 19 Station Road, Cinnor, Oxfordshire OX39 4PU.

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