Terms and conditions

These terms and conditions explain your rights and obligations when using WhichMVT.com

1 Information about us

1.1 By using our website, you confirm that you accept these terms and conditions of use and that you agree to abide by them.

1.2 WhichMVT.com is operated by Implementra Ltd, which is a limited company that is registered in England & Wales under company number 5895439 and has its registered office at 271 Regent Street, London, W1B 2ES, United Kingdom. Its VAT registration number is GB900 4561 62.

2 Accuracy of the content on our website and our liability to you

2.1 The information on our website is given ‘as available’ and ‘as is’, in good faith and for general information and interest only. It is subject to change without notice. We make every effort to ensure that the information on our website is correct but we cannot guarantee that it is free of inaccuracies, errors and omissions.

We urge you to conduct your own research prior to purchasing from any of the vendors listed on our website to ensure the accuracy of the information. To the full extent permitted by law we make no warranties of any kind, whether express or implied in relation to any services or software purchased from us or a vendor contacted using our website.

All actions taken by you on our website are your responsibility and we cannot make any guarantees that any information is correct or be held liable for any actions based on the product and pricing information provided.

2.2 Subject to clause 2.5 and unless specified otherwise in the terms and conditions, we shall not be liable to you for any and all

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of actual or anticipated profits;

(iv) loss of, damage to or corruption of data;

(v) loss of goodwill or reputation;

(vi) loss of anticipated savings;

(vii) wasted management or office time; and/or

(viii) indirect loss or damage of any kind, in each case however so arising, whether such loss or damage was direct or indirect, foreseeable and whether arising out of breach of contract, tort (including negligence), strict liability, breach of statutory duty or otherwise which arises out of or are in any way connected with, your use of our website or content, any failure or delay (including but not limited to the use or inability to use any component of our website) or the performance or non performance by us or any third parties even if we have been advised of the possibility of damages to you or any other party.

2.3 If notwithstanding clauses 2.2 and 2.4, we are held liable to you by a court of competent jurisdiction for losses arising out of our breach of these terms and conditions and/or our negligence in relation to your use of our website, you agree that our liability to you is capped at £50 (subject to clause 2.5).

2.4 We do not accept liability for direct or indirect losses sustained by you arising out of transactions or arrangements you enter into with any third party named, referred to or linked to on our website. If you access other sites using the links provided, we cannot be responsible for the content of those sites or for the way in which they deal with you or use any information including personal data that they might acquire about you.

2.5 We do not exclude or in any way limit liability for fraud, death or personal injury caused by our negligence or any liability to the extent the same may not be excluded or limited as a matter of law.

3 Uploading content to our website

3.1 Whenever you make use of a feature on our website that allows you to upload content such as text (for example in the form of reviews), images and/or video and audio sequences to our website, or to make contact with other users of our website, you must comply with the content standards set out in our acceptable use policy.

You warrant that any such contribution does comply with those standards, and you shall be responsible for any losses, expenses or other costs incurred by Implementra Ltd that are caused by your non-compliance.

Implementra shall be entitled to publish, edit, refuse, or delete content added to our website.

3.2 Any content you upload to our website will be considered non-confidential and non-proprietary, and we and our sub-licensees have the right to use, copy, distribute and disclose to third parties any such content for any purpose. By uploading content to our website, you are automatically deemed to have granted us a licence to use and sub-licence that content as we see fit, including for commercial purposes. By submitting content, you are also deemed to have waived any moral rights that you may have had in that content.

4 Your liability to us

4.1 You agree to be liable for any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these terms and conditions or arising from your misuse of our website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter or dispute arising from your use or misuse of our website and you agree to co-operate with the defence of such a dispute or claim by us.

5 Relationship with vendors

5.1 Your relationship with any vendor you contact through our website is solely between you and the vendor.

6 Jurisdiction

6.1 The English courts will have jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. These terms and conditions of use are governed by English law.

7 Severability

7.1 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.

8 Waiver

8.1 No failure or delay by us in exercising any right under these terms and conditions shall operate as a waiver of this right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right.

9 Entire Agreement

9.1 These terms and conditions and any document expressly referred to in them and any guidelines or rules posted on our website represent the entire agreement between us in relation to the subject matter of these terms and conditions and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

10 Matters beyond our reasonable control

10.1 We will not be liable for any breach of these terms and conditions if such a breach is caused by a matter beyond our reasonable control, including acts of God, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, fire, lightning, explosion, war, flood, industrial disputes, sabotage, severe weather, or acts of local or central Government or other competent authorities.

11 Changes to these terms and conditions

11.1 We may revise these terms and conditions from time to time and the amended terms will be posted on our website. Any amendments to these terms and conditions will be effective immediately. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our website.

Acceptable use of our website and user-generated content

1.1 We reserve the right to edit or remove any user-generated content that we deem to be unlawful or offensive.

1.2 We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our website, 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 or our website terms and conditions, whether the service is moderated or not.

1.3 Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

2 Content standards

2.1 These content standards apply to any and all user generated content which you contribute to our website, and to any Interactive Services associated with it.

2.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each constituent part of any piece of user-generated content as well as the piece as a whole.

2.3 User generated content must:
(i) be accurate (where it contains a factual statement);

(ii) be genuinely held (where it states opinions or beliefs); and

(iii) comply with applicable law in the UK and in any country from which it is uploaded or posted.

2.4 User generated content must not:
(i) contain anything which is defamatory of any person;

(ii) contain anything which is obscene, offensive, hateful or inflammatory;

(iii) contain or promote sexually explicit material;

(iv) promote violence;

(v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(vi) infringe any copyright, database right or trade mark of any other person;

(vii) be likely to deceive any person;

(viii) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(ix) promote any illegal or unlawful activity;

(x) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

(xi) be likely to harass, upset, embarrass, alarm or annoy any other person;

(xii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(xiii) give the impression that they emanate from us, if this is not the case;

(xiv) contain press releases or advertising;

(xv) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

(xvi) adapt, translate, modify, decompile, disassemble or reverse engineer our website or any software or program used in connection with it;

(xvii) restrict or inhibit any other user from using or enjoying our website (or any linked website); or

(xviii) modify, alter or deface any of the trademarks, service marks, trade dress or other intellectual property made available by us in connection with our website or otherwise infringe or facilitate infringement of any copyright, patent, trademark, trade secret or other proprietary, publicity or privacy rights of any part, including the rights of third parties.

3 Breach of this policy

3.1 Using our discretion, we will determine whether there has been a breach of this acceptable use policy through your use of our website. A breach of this acceptable use policy constitutes a material breach of the terms and conditions governing your website use.

3.2 If we decide that you have not complied with this acceptable use policy, we may take one or more of the following courses of action:

(i) immediately, temporarily or permanently withdraw your right to use our website;

(ii) immediately, temporarily or permanently remove any piece of user-generated content uploaded by you to our website;

(iii) issue you with a warning about your conduct;

(iv) bring legal proceedings against you to recover all our costs and losses that result from your breach of this policy (including, but not limited to, reasonable administrative and legal costs);

(v) further legal action against you; and/or

(vi) disclosure of such information to law enforcement authorities as we deem appropriate.

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

3.4 You should not use our website for any commercial purpose. For the avoidance of doubt, reviewing a product that promotes your own or your employers business or hinders a competitors business shall be deemed to be a commercial purpose. In the event that Implementra discovers that you have acted in contravention of this clause it reserves the right to publish a statement on the website detailing your actions.

4 Changes to this policy

4.1 We may revise this acceptable use policy at any time by amending this policy. You are expected to check this page from time to time to take notice of any changes we make because they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our website.