Terms & Conditions

(Updated June 14^th 2011)

If you continue to browse and use this Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy Statement govern the TimelessAutoParts.com relationship with you in relation to this Website.

The term “Website” refers to the TimelessAutoParts.com website, blog, and all related services. The term “Timeless Auto Parts” or “TimelessAutoParts.com” or “us” or “we” refers to the owner of the website whose registered office is in Galway, Ireland. The term “you” refers to the user or viewer of our Website (including advertisers). The term “Agreement” refers to the Terms and Conditions of Use laid out below and our Privacy Statement.

This Agreement applies to each visitor to, advertiser on, and other user of the Website. If you do not agree with it, or if you do not have the right, authority, and capacity to be bound by it then you should not use this Website.

2 Use of the Website

Subject to this Agreement, you may use the Website for your own personal and commercial or non-commercial use to create, publish and manage written advertisements for goods for sale or for wanted goods or services; contact other users of the Website; post comments on the blog; search our database for advertisements regarding a specific product, service, seller and/or in a specific location; forward advertisements to people you know; invite people you know to view the Website; view third party advertisements; download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Website; and receive data via SMS to your mobile device (“Content”) and other items displayed on the Website.

3 Security and User Identifiers

When you post an advertisement on our Website for the first time you will be assigned a unique User Identifier that allows you to access the advertising account that will be generated for you. You are responsible for maintaining the confidentiality of your User Identifier(s) and are fully responsible for all activities that occur under your User Identifier in connection with this Agreement. Any User Identifiers created by you or submitted for your access to the Website shall be for your personal use only and is non-transferable.

You agree to (a) immediately notify us of any unauthorized use of your User Identifier as registered on our Website or submitted to us by you, or any other related breach of security and (b) if we from time to time allow you to login to restricted areas of the Website using an User Identifier, ensure that you logout at the end of each session following the instructions on the Website. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Without any admission of liability, we may from time to time assess any possible risks for users from third parties when they use the Website, and we will decide in each case whether it is appropriate to use moderation or pre-approval of advertisements on the Website (including what kind of moderation to use) in the light of those risks. We expressly exclude our liability for any loss or damage arising from the use of the Website by a user in contravention of our Agreement, whether the service is moderated or not and whether or not an advertisement has been reviewed by us prior to appearing on the Website.

We have no obligation to monitor or moderate any user’s activity or use of the Website, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with this Agreement.

4 Restrictions On Right to Use

Unauthorized use of this website may give to a claim for damages and/or be a criminal offence. You agree that you shall not (and you agree not to allow any third party to):

enter, select, submit or use a false name or an email address owned or controlled by another person with the intent to impersonate that person
use a User Identifier without appropriate authorizations or rights
use or submit a mobile number or email to us in respect of which you are not the registered owner, bill-payer and or account holder.
modify, adapt, translate, or reverse engineer any portion of the Website;
remove any copyright, trade mark or other proprietary rights notices contained in or on the Website or in or on any Content or other material obtained via the Website;
use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website;
access, retrieve or index any portion of the Website for purposes of constructing or populating any database;
collect any information about other users or users of the Website for any purpose other than to use the Website for the purposes of responding to advertisements or to use the Website in the manner intended by us;
create user accounts by automated means or under false or fraudulent pretences;
use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
use the Website, intentionally or unintentionally, to violate any applicable law;
impersonate any person or entity; or
upload, post, e-mail, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.
collect or store personal data about other users in connection with the prohibited activities described in this paragraph;

The use of the Website by an individual under 18 years of age is subject to the consent of their parent or guardian and our contract is with the parent or guardian who is responsible for the minor’s compliance.

5 Content Standards

Content must relate to automotive parts, components, and accessories. Services may not be advertised. Content must be accurate (where it states facts), be genuinely held (where it states opinions), and comply with applicable law in any country from which it is posted. When any information that you have provided us with changes, you agree that you promptly update it.

We retain the right to remove, without warning or notice, any content that we deem to be in breach of this Agreement, or the spirit, values, and objectives of our Website, and any payment made by you for placement of such Content on our Website will not be refunded.

Content deemed to be spam, or abusive, or threatening, or racial, or obscene, or offensive, or illegal, or deceptive, is prohibited. Content that interferes with or disrupts the Website, or hardware, or networks, or systems connected to the Website, or disobeys any requirements, procedures, policies or regulations of networks connected to the Website is prohibited. Once identified, all such Content will be removed without warning or notice and any payment made by you for placement of same our Website will not be refunded. Offenders will be barred from the Website and we will pass details to the relevant authorities where we deem it warranted.

We endeavour to ensure that all ads published are reviewed by our staff either in advance or shortly after they appear on the Website. We reserve the right to reject ads that do not comply with our Agreement, and to delete these ads without notice or refund. You agree that delays may occur in the ads appearing on the Website to facilitate our review of the ads.

If you are a business or person acting in the course of trade then Content (including Advertisments) published by you must comply with applicable laws and it your responsibility to ensure they do so.

6 Suspension and Termination

You agree that we may, with or without cause, immediately delete your advertisement, and/or terminate/restrict your access to Website, and/or remove all Content that we decide to remove without prior notice at our sole discretion. The deletion or otherwise of an advertisement should not be viewed as an indication of wrongdoing on the part of the advertiser. You agree that all termination of this Agreement or your use of the Website by us shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account or access to the Website or removal of Content.

You understand and agree that we may review and delete any Content that in our sole judgment breaches of our Content Standards

We exclude liability for actions taken in response to breaches of our Content Standards and restrictions of use. The responses described in this Agreement are not limited, and we may take any other action we reasonably deem appropriate, including 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, and disclosure of information to law enforcement authorities.

We reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of the Website without notice or liability.

7 Concerns and Complaints

If you have any concerns or complaints about material which appears on our Website, please notify us at support@timelessautoparts.com specifying the full details of your concern or complaint, and making clear reference to the relevant Content. We have also placed a “Report Ad” mechanism on the Website which allows you to report any Content that is in breach of this Agreement or in any other way objectionable. If you do not provide us with sufficient information, we may be unable to process your complaint. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take. We make all reasonable efforts to respond to complaints within one working day however this may not always be possible.

You are solely responsible for your interactions with other users of the Website. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so

8 Disputes with Third Parties

You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Website. You will, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of we reserve the right to take any and all appropriate action against you under the terms of the Agreement.

9 Payment for Advertisements, Cancelation Policy, and Refund Policy

Publication of an advertisement may be subject to payment of a fee to us (the “Fee”). When publication is subject to a fee, the applicable Fee and payment options will be clearly set out on the Website and displayed to you in the course of you offering to place an ad with us. Once you have completed the process of submitting your advertisement we will send you an email confirming receipt of your order, this email does not constitute an acceptance of your order. If a Fee is payable then your order for posting an advertisement on our Website will not be accepted and an agreement concluded between us and you until the Fee has been received by us. If a Fee is not payable, then your order will be deemed accepted and an agreement concluded between us when your advertisement is posted on our Website.

Once your advertisement is posted on the Website your request for our services cannot be cancelled and any Fee paid will not be refunded. Prior to the advertisement appearing on the Website you may cancel the advertisement by contacting us at support@timelessautoparts.com

Where advertisements (or other Content) are rejected and/or removed from the Website by us our policy is not to issue refunds. If you have any doubts about the suitability of a proposed ad, please read section 5 above (Content Standards) in advance of placing the ad, or send a draft to us at support@timelessautoparts.com so that we can review and advise.

10 SMS Information Service

The Website allows you to request to receive a short service message (SMS) notification to the mobile number that you nominate when making the request in respect of advertisements, goods or services advertised on the Website in which you have an interest (the “SMS Service”), and this service forms part of the Website. You agree and acknowledge that the SMS messages are distributed by third party mobile network providers. You agree and acknowledge that we are not liable for SMS message transmission delays, issues or failures. We do not guarantee the availability, accuracy or completeness of the information provided pursuant to the SMS Service. We accept no responsibility for (i) any loss of profits, loss of earnings, loss of anticipated savings, loss of goodwill or loss of revenue or (ii) any indirect or consequential loss suffered due to the delay, inaccuracy or other failure of the information provided to the you pursuant to the SMS Service or otherwise. We reserve the right to amend, alter or terminate the SMS Service at any time with or without notice to you.

11 Intellectual Property

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, Flash animation and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Agreement.All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Nothing displayed on our Website should be construed as granting you any licence or right of use of any logo, information or trade mark displayed on it, without the express written permission of the relevant owner, except as expressly provided in this Agreement.

If it is determined that you retain moral rights in the Content, you confirm and agree that

you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates to the Content;
you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns;
you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights.

12 Disclaimer of Liability

The Content of this Website is subject to change without notice. This Website is provided on an “as is” basis only. You should not rely on any Content and/or other material on our Website to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Content and/or materials by any user of our Website, or by anyone who may be informed of any of the Content. We accept no responsibility for keeping the information in the Website up to date or complete or liability for any failure to do so.

The Content and other material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this Agreement shall exclude or limit our liability in relation to any damages arising from death or personal injury caused by the negligence of us or for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

We shall not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on the Website.

Although we make all reasonable care to ensure that the Website is free from viruses and defects, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

We do not guarantee the security of the online services or any systems connected with the use of the Website (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Website or any systems used in accessing our services will be continuous or virus or error free.

Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in this Agreement.

You are solely responsible for the content of the material which you submit to us, publish or display on the Website, or transmit to other users, including ensuring that it complies with relevant legislation. We accept no responsibility or liability for the content of any business and/or advertising material, including, without limitation, any error, omission or inaccuracy. Content provided by external users does not represent any of our views or opinions nor should they purport to do so.

We do not control the Content posted by users via the Website, including the content of any advertisements or blog postings, and we do not guarantee or accept liability for the the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent, or objectionable. You are responsible for complying with all laws applicable to the Content you submit to the Website.

We are not responsible for the goods appearing on the Website that you advertise or purchase. To the extent permitted by law we disclaim all liability and responsibility arising from any reliance placed on the content of any ad by any user of our Website.

You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any user’s use of the Website. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Website. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

13 Indemnity

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree to indemnify and hold our parent, subsidiaries, officers, directors, shareholders, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your access to or use of the Website and Content in a manner that breaches or is alleged to breach this Agreement, or the infringement by you, or any third party using your user identification name or password, of any intellectual property or other right of any person or entity.

Whenever you make use of a feature that allows you to upload Content to the Website, or to make contact with other users of the Website, you must comply with this Agreement. You warrant that any such Content complies with this Agreement, and you indemnify us for any breach of that warranty.

14 Disclaimer of Endorsement

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The views, opinions and other Content posted by users on the Website are not ours, shall not be attributed to us by you and shall not be used by you for any advertising or product endorsement purposes unless we expressly authorise it.

15 Links to & from the Website

You may not create a link to this website from another website or document without our prior written consent, and you must not establish a link from any website that is not owned by you.

This Website includes links to other websites. These links do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites you leave our Website and do so entirely at your own risk.

16 Governing Law and Jurisdiction

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of Ireland, and any dispute which may arise out of or in connection with this Agreement or the legal relationship established by it, shall be subject to the exclusive jurisdiction of the Irish Courts, although we retain the right to bring proceeding against you for breach of this Agreement in your country of residence or any other relevant country. Both parties hereby consent to the admissibility of electronic evidence before the Courts of Ireland. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.

17 Waiver

A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.

18 Severability

In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in these terms shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.

19 Assignment and Entire Agreement

We may assign or subcontract any or all of our rights and obligations of our Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.

This Agreement contains the entire agreement and understanding between the parties relating to our Website, and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us. In the event of any inconsistency between our Privacy Statement and these Terms and Conditions, then these Terms & Conditions take priority.

20 Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about the Website provided by you to us are non-confidential and may be used by us at our discretion.

21 Copyright Notice

You may allow your computer to make an electronically stored, transient copy of the content on our Website for the purposes of viewing it while connected to the internet only. You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of the Website, nor incorporate it into another website without our express written permission. 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, or any graphics separately from any accompanying text. Our status (and that of any partners, advertisers or third parties identified on our Website) as the authors of material on our Website must always be acknowledged by you. If you print off, copy or download any part of our Website in breach of this Agreement, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.

By posting Content on the Website, you grant to us, and you represent and warrant that you have the right to grant, us, our contractors, and the users of the Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content. This licence is non-exclusive, except you agree that we shall have the exclusive right to exercise this license to the extent of combining your Content with the Content of other users for purposes of constructing or populating a searchable database of advertisements. You understand that this licence allows us to reformat, excerpt, or translate any materials submitted by you.

22 Banner Advertising

Banner advertising on our Website is managed and provided by third party service provider(s) (“Banner Advertiser”). To place advertising on the Website, please contact us on support@timelessautoparts.com and we will provide the contact details of these service providers to you.

Any agreement that you reach with a Banner Advertiser in relation to a banner or other advertising service on the Website is between you and that Banner Advertiser, and is subject to you entering into an agreement with that Banner Advertiser for that advertisement service. We are not responsible for any Banner Advertiser’s services to you notwithstanding that the advertisement will appear on our Website.

Timeless Auto Parts