Terms of Service - MarketWayMobile

1. Definitions

In these Terms of Service (the Terms):

MarketWayMobile, we, us or our means the operator of the website located at marketwaymobiles.co.uk and the provider of the Site.
Site means the website marketwaymobiles.co.uk, including all pages, content, features and services made available through it.
User, you or your means any person who visits, accesses or uses the Site.
Content means any text, images, graphics, audio, video, software, data, compilations, trademarks, logos and other material available on or through the Site.
User Content means any content that a User submits, posts, uploads, publishes or otherwise makes available on or through the Site, including reviews and comments.
Services means any services provided via the Site, including informational resources, customer support and any transactional features that may be offered from time to time.
Terms means these Terms of Service, as amended from time to time.

2. Acceptance of these Terms

By accessing or using the Site, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Site. If you use any transactional features, additional terms may be presented at the point of purchase; those additional terms will apply to the relevant transaction in addition to these Terms.

You are responsible for ensuring that anyone who accesses the Site through your internet connection is aware of these Terms and complies with them.

3. Access to and Use of the Site

Availability: We aim to keep the Site available, but we do not guarantee that the Site, or any Content, will always be available or uninterrupted. We may suspend, withdraw or restrict availability of all or any part of the Site for business and operational reasons without notice.
Eligibility: You must be capable of forming a legally binding contract under the laws of England and Wales to use the Site. If you are under 18, you may only use the Site with the consent and supervision of a parent or legal guardian. We do not knowingly collect personal data from children under 13.
Account security: If you create an account, you must keep your login details confidential and secure. You are responsible for all activity under your account. Notify us promptly if you suspect unauthorised use of your account.
Accuracy: We may update or change Content at any time. While we use reasonable efforts to ensure accuracy, the Site may contain information that is out of date or incomplete, and we give no guarantee that the Content is accurate, complete or up to date.

4. Acceptable Use

You must use the Site lawfully and responsibly. You must not:

use the Site in any way that breaches any applicable law or regulation, or for any unlawful or fraudulent purpose;
infringe the intellectual property or other rights of any person, including by uploading or sharing content you do not have the right to use;
distribute, transmit or introduce any viruses, malware or other harmful code, or otherwise damage, interfere with or disrupt the Site or any related systems;
bypass or attempt to bypass any security features, access controls or rate limits on the Site;
scrape, harvest, mine or collect data from the Site, whether by automated means (including bots and crawlers) or otherwise, except as permitted by law and these Terms;
reverse engineer, decompile or disassemble any part of the Site, except to the extent permitted by applicable law;
impersonate any person or misrepresent your identity or affiliation;
use the Site to send unsolicited or unauthorised advertising or promotional material, or to spam other users;
submit User Content that is defamatory, obscene, hateful, discriminatory, deceptive or otherwise objectionable.

5. User Content

Ownership and licence: You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, translate, publish, display and otherwise use and distribute that User Content for the purpose of operating, improving and promoting the Site and our Services.
Your responsibilities: You warrant that you have all necessary rights in your User Content and that it does not infringe any law or third-party rights. You remain solely responsible for your User Content.
Moderation: We may remove, refuse, edit or disable access to any User Content at our discretion, including if we believe it breaches these Terms or applicable law.
Notices: If you believe that any Content on the Site infringes your rights, please contact us using the contact details published on the Site, providing sufficient information to identify the material and your rights.

6. Intellectual Property

All intellectual property rights in the Site and the Content (other than User Content) are owned by or licensed to us. All rights are reserved. You may view, temporarily store and print Content for your personal, non-commercial use only. You must not:

copy, reproduce, modify, adapt, translate, distribute, transmit, display, perform, publish, republish, sell, license or exploit any Content for commercial purposes without our prior written consent;
remove, conceal or alter any copyright, trademark or other proprietary notices on the Site or the Content;
use any trademarks, trade names or logos displayed on the Site without our prior written consent or the consent of the relevant owner. MarketWayMobile and any associated logos are trade names or trademarks of their respective owners.

7. Third-Party Links and Services

The Site may contain links to third-party websites or services. Such links are provided for your convenience only. We do not endorse and are not responsible for third-party content, products or services. Your use of third-party websites or services is at your own risk and subject to their terms and policies.

8. Warranties and Disclaimers

The Site and Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we do not make any representations or warranties, express or implied, regarding the Site or the Content, including as to accuracy, completeness, reliability, merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
We do not warrant that the Site will be uninterrupted, secure or free from errors, defects, viruses or other harmful components. You are responsible for implementing appropriate safeguards, including up-to-date antivirus protection and data backups.
Nothing in these Terms limits or excludes any legal rights of consumers that cannot be limited or excluded under applicable law.

9. Liability

Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
If you are a consumer, we are responsible to you for foreseeable loss and damage caused by us. Loss or damage is foreseeable if it is obvious that it would happen or if, at the time these Terms were agreed, both we and you knew it might happen.
We are not liable for loss or damage that was not foreseeable, that was not caused by any breach on our part, or that results from your failure to comply with these Terms.
If you use the Site for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity, and our liability shall otherwise be limited to direct losses to the extent permitted by law.
We will not be responsible for any failure or delay in performing our obligations where that failure or delay results from events, circumstances or causes beyond our reasonable control.

10. Personal Data

Controller: For personal data collected through the Site, MarketWayMobile acts as the data controller.
Basis and purposes: We process personal data to operate and provide the Site and Services, to communicate with you, to fulfil orders or requests, to maintain security, to comply with legal obligations, and for our legitimate interests (such as improving and securing the Site and understanding usage), or on the basis of your consent where required.
Categories: Personal data may include identification and contact details, account credentials, communications, order information, technical data (including IP address, device identifiers and browser information), and usage data.
Retention: We retain personal data only for as long as necessary for the purposes for which it was collected, to comply with legal, accounting or reporting requirements, and to establish or defend legal claims.
Sharing: We may share personal data with trusted service providers who act on our instructions, with professional advisers, with authorities where required by law or to protect rights, and with third parties in connection with a business reorganisation, subject to appropriate safeguards.
International transfers: Where personal data is transferred outside the United Kingdom, we implement appropriate safeguards in accordance with UK data protection law, such as approved contractual clauses or other lawful mechanisms.
Cookies and similar technologies: The Site may use cookies and similar technologies for functionality, performance and analytics. You can control certain cookies through your browser settings. Where required, we will obtain your consent for non-essential cookies.
Your rights: Under UK data protection law, you may have rights of access, rectification, erasure, restriction, portability and objection, and the right to withdraw consent where processing is based on consent. You can exercise these rights by contacting us using the contact details published on the Site.
Complaints: You also have the right to lodge a complaint with the Information Commissioner’s Office if you are concerned about how your personal data is handled.

11. Security

We implement reasonable technical and organisational measures designed to protect the security and confidentiality of the Site and personal data. However, no method of transmission over the internet or method of electronic storage is completely secure. You are responsible for maintaining the security of your devices, network and account credentials.

12. Suspension and Termination

We may suspend or terminate your access to the Site, or remove any Content, at any time if we reasonably believe you have breached these Terms or applicable law, or to protect the Site, other users or our interests. Where appropriate, we will endeavour to notify you of the reason for suspension or termination.

13. Changes to the Site and to these Terms

We may update and change the Site from time to time to reflect changes to our products, users’ needs and our business priorities. We may also amend these Terms at any time. If we make material changes, we will take reasonable steps to notify you, for example by posting a notice on the Site. Your continued use of the Site after changes take effect constitutes your acceptance of the updated Terms.

14. Applicable Law and Jurisdiction

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by the laws of England and Wales.

If you are a consumer residing in the United Kingdom, you may bring legal proceedings in the courts of the part of the United Kingdom where you live. In all other cases, you and we agree to the exclusive jurisdiction of the courts of England and Wales.

15. Miscellaneous

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
No waiver: No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that or any other right or remedy.
Assignment: You may not assign, transfer or subcontract any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to another organisation as part of a reorganisation or transfer of our business.
Entire agreement: These Terms constitute the entire agreement between you and us regarding your use of the Site and supersede any prior understandings or agreements relating to the Site.
Third-party rights: No person other than you and us has any rights to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.
Contact: If you have questions about these Terms or the Site, please contact us using the contact details published on the Site.