Terms of Use

Introduction

Welcome to Kiss Cars. By accessing www.kisscredit.co.uk and its related websites, services, applications or tools you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Kiss Credit works for everyone. Kiss Credit is provided to you by Kiss Tech Ltd, Office 116 95 Wilton Road Victoria – London SW1V 1BZ, registered in England and Wales with number 11616407. These Terms of Use constitute a legally binding agreement between you and kisscars.co.uk Limited and are effective as of April 2016 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a Kiss Cars account and by otherwise accessing or using the Kiss Cars websites, services, applications and tools, including posting an ad; or as otherwise indicated on a specific site, service, application or tool.

Using Kiss Credit

As a condition of your use of Kiss Credit (including kisscredit.co.uk and its related websites, services, applications and tools) you agree that you will not: You are solely responsible for all information that you submit to Kiss Credit and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Kiss Credit either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Kiss Credits websites, services, applications or tools, we may, at our discretion, inform other Kiss Credits users that have been in contact with you and recommend that they exercise caution.

Abusing Kiss Credits

Kiss Credit and the Kiss Credits community work together to keep the Kiss Credits websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Kiss Credit if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Kiss Credits employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Kiss Credits or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Kiss Credit or use of Kiss Credit by users.

Global Marketplace

Some of Kiss Credit features may display your ad on other sites, services, applications and tools that are part of the global community. By using Kiss Credit, you agree that your ads can be displayed on these other sites, services, applications and tools. The terms for our other sites, services, applications and tools are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, service, application or tool, you may be responsible for ensuring that it does not violate such other site, service, application and tool policies. We may remove your ad if it is reported on any of our sites, services, applications or tools, or if we believe it causes problems or violates any law or policy.

Fees and Services

Using Kiss Credit is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the Kiss Cars website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. You are responsible for paying the Kiss Credits fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. The first fee for your initial Subscription is four days after you subscribe for the Service. Subsequent fees for your Subscription (Subscription Fee) is calculated and payable monthly on the same day of the start of your Subscription (unless otherwise stated). Service of digital goods will be delivered immediately after subscription. If you have a recurring billing payment scheduled for a day that does not occur in a given month (e.g. the 30th does not occur in February), the bill will occur on the last available day of the month. Thereafter, the payment will occur on the newly established day of the month. Kiss Credit shall be under no obligation to provide the Service until the Subscription Fee has been paid. Your subscription fee and recurring billing will be processed through our standard payment processor which is Gocardless. We are governed by their terms of sale which can be found at https://gocardless.com/legal/ Your Subscription will automatically renew upon the expiry of your current Subscription. If you fail to pay the Subscription Fee for any subsequent month within a period of 14 days from and including the date of your then current Subscription, Kiss Cars may suspend your access to the Service until your Subscription Fee is paid. You acknowledge that your ads may be deleted from the Kiss Credits sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Kiss Credits users for any fees paid through use of our sites, services, applications and tools in the following cases:

Content

Kiss Credit contains content from us, you, and other users. Kiss Credit is protected by copyright laws and international treaties. Content displayed on or via Kiss Credit is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Kiss Credit without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Kiss Credit. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Kiss Credit (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools that are part of the global community, such as our classifieds sites in other countries. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. Kiss Credit may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Kiss Credit ad during the time your ad is on the Kiss Cars site. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Kiss Credits sole discretion. You may not have the opportunity to review all of the supplemental data before posting an ad. Kiss Credit is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Kiss Cars policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us at info@kisscredit.co.uk

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of vehicles of all sorts are offered on Kiss Credit by private individuals in the UK. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Kiss Credit.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do. We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Kiss Credit comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered. In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools Because of the nature of the Internet and archived information, errors and omissions do occur and Kiss Credit does not give any other warranties in respect of the Service. In particular, you should not take the accuracy of the information for granted and the Kiss Credit makes no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this agreement to the extent that they may be excluded as a matter of law. Kiss Credit will not be liable for any business losses such as lost data, lost profits or business interruption arising from your use or inability to use the Service or from any action taken (or refrained from being taken) as a result of using the Service.

Notices

All notices shall be given to the Kiss Credit via email at info@kisscredit.co.uk Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting. 10. LINKS The Service contains links to other web sites and resources, either directly or through frames and, where possible, the Kiss Cars will make clear where such links are being made. Independent third parties provide these sites and the Supplier is not responsible and shall not be liable for the availability or content of these outside resources

Termination

This agreement and your access to the Service may be terminated by written notice if you are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe you are in breach we may suspend your access to the Service. Following your acceptance of this agreement, Kiss Credit will make the Service available to you and except as set out in this agreement you will have no right to cancel the contract before the end of your Subscription once we have done so.

Release

If you have a dispute with one or more Kiss Credit users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Personal Information

By using Kiss Credit, you agree to the collection, transfer, storage and use of your personal information by Kiss Credit. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications. You acknowledge that you have provided Kiss Credit with accurate and complete registration information and that it is your responsibility to update the Kiss Credit of any changes to that information (including your email address) by emailing info@kisscredit.co.uk. Each registration is for a single user only. On registration, you will be allocated a user name and password (ID). You are responsible for all use of the Service using your ID and for preventing unauthorized use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID, you must notify the Kiss Credit immediately by emailing info@kisscredit.co.uk. If Kiss Credit reasonably believes that your ID is being used in any way which is not permitted by this agreement, the Kiss Credit reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved. Kiss Credit is continually seeking to improve the Service. Kiss Credit reserves the right, at its discretion, to make changes to any part of the Service provided that it does not materially reduce his content or functionality.

Resolution of disputes

If a dispute arises between you and Kiss Credit, we strongly encourage you to first contact us directly to seek a resolution by going to the Kiss Credit Contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on Kiss Credit constitute the entire agreement between Kiss Credit and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against kisscredit.co.uk must be resolved by the courts of England and Wales. You and Kiss Credit both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Kiss Credit both agree to submit to the jurisdiction of the County Court. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Kiss Tech Ltd, Office 116 95 Wilton Road Victoria – London SW1V 1BZ. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the kiss credits website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.