Manx Autos Direct

These specific Terms of Use are in addition to the general terms of use .

1. What is the effect of this agreement?

This agreement applies to the publication by Manx Autos Direct of advertisements submitted by the person named and described in the advertisement order form (the "advertiser"). These advertisements will be placed on the manxautosdirect.com website (a "site") once received and approved by Manx Autos Direct administration.

2. Placing a private advertisment on the Manx Autos Direct network:

To validly place a private advertisement, the advertiser must:

• Be a private advertiser;
• Complete and submit to Manx Autos Direct an order for the advertisement; and
• Upon submission of the advertisement order form pay the full prescribed fee.
  

3. Completing an advertisment order form for publication on Manx Autos Direct network:

The Advertiser must:

• Provide all information required by Manx Autos Direct (including photographs where necessary) in the format requested by Manx Autos Direct from time to time;
• Comply with Manx Autos Direct's advertising policy as most recently prescribed; and
• Obtain permission from the owner of copyright in any third party material incorporated into the advertisement.
• Notwithstanding anything herein, Manx Autos Direct, will have absolute editorial control in relation to the advertisements, including position and placement of the advertisement.

4. What the advertiser must not do

The Advertiser must not submit for publication on the site, any advertisement which:

• Does not comply with all relevant laws, common law or regulations (including relevant industry regulations, standards of practice or codes of conduct);
• Infringes the intellectual property rights of any person;
• Is obscene, offensive, defamatory or in any way unsuitable for people under the age of eighteen (18) years;
• Comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
• Is misleading or deceptive or likely to mislead or deceive; or
• Which comprises anything which may adversely reflect Manx Autos Direct.

5. Publication of advertisements within a site

• Manx Autos Direct will not be bound to publish any advertisement submitted by you until Manx Autos Direct website administration accepts your order. Acceptance of an order is manifested in publication of the advertisement.
• Manx Autos Direct may publish or procure the publication of your advertisements by placing the advertisement on a sites private classifieds listing. From time to time, Manx Autos Direct may additionally choose to publish the advertisement on more than one internet site and within other media as deemed appropriate by and with the absolute discretion of Manx Autos Direct.
• Manx Autos Direct retains the right to refuse to publish any advertisement if:
  • The Advertiser is in breach of any term of this agreement; and/or
  • In the absolute opinion of Manx Autos Direct, the publication of the advertisement is not in the interest of the site.
  • The advertisement contains a 'link' to another site.

6. Notwithstanding anything herein, the advertiser acknowledges and agrees that:

• While every endeavour will be made to publish advertisements as ordered and accepted, Manx Autos Direct will not be liable for misplacement, amendment or omissions or failure to publish an advertisement in the form ordered for any reason, including action or omissions on the part of Manx Autos Direct, its employees or agents;
• Manx Autos Direct may refuse or withdraw any advertisement from publication at its own discretion without notice at any time.

7. Cancellation of advertisements?

• Once an order has been placed and confirmed by the Advertiser, the order cannot be cancelled.
• The Advertiser can if they wish delete their advertisement, but payment for the advert is non refundable.

8. Copyright in advertisement

You hereby assign to Manx Autos Direct all intellectual property rights in the advertisement.

9. Payment?

• Subject to the provisions of this agreement you must pay the advertising fee in British pounds stirling at the rate and in the manner specified in the order.
• For the avoidance of doubt the fee will be payable where:
• The advertisement is not published due to a breach of this agreement by you;
• The advertisement is not published due to your failure to provide sufficient information to Manx Autos Direct

10. The advertiser indemnifies Manx Autos Direct.

The advertiser releases and indemnifies Manx Autos Direct, its employees and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against Manx Autos Direct arising out of:

• A breach of this agreement by the advertiser;
• Any wilful, unlawful or negligent act by the advertiser;
• The publication by Manx Autos Direct or any other person of the advertisement or any material supplied by the advertiser.

12. Manx Autos Direct limits its liability.

Except as otherwise stated in this agreement, Manx Autos Direct will be under no liability to the advertiser in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this agreement or in respect of any failure or omission on the part of a site to comply with its obligations under this agreement or any negligent act or omission of Manx Autos Direct.

13. This agreement constitutes the whole agreement.

• This document, the order and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged herein and otherwise are hereby excluded and cancelled.
• To the extent that any warranties are implied by law, are not capable of being excluded or modified, the total liability of Manx Autos Direct, its employees and agents for breach of such warranties is limited to one or the other of the following at the option of Manx Autos Direct:
  • The supplying of the services again; or
  • Payment of the costs of having the services supplied again.

14. What law governs this agreement?

This agreement is governed by and construed in accordance with the laws of the Isle of Man and the parties irrevocably submit to the exclusive jurisdiction of the courts in the Isle of Man.