1. OUR SITE AND YOUR USE OF IT
1.1 On this website: www.airmaxremote.com we provide access to and supply particular products and services which you use and/or participate in (the “Site”).
1.2 These are the general terms and conditions (the “Terms”) governing your access to and use of the Site.
1.3 The Site is operated by Airmax Remote Limited, a company registered in England and Wales, company registration number 04591575, having its registered office at TS4, Pinewood Business Park, Coleshill Road, Solihull, West Midlands B37 7HG (“AIRMAX”, “we”, “us”, or “our”).
1.4 Please note that you are authorised to use the Site only as set out in these Terms. We therefore ask that you read these Terms carefully as by accessing and using the Site you are acknowledging that you have read and understood these Terms and agree to be bound by them.
1.5 Where there is an agreement in place between you and us or between us and your employer governing a product supplied by or within the Site which you participate in, the provisions of that agreement shall apply in precedence over these Terms in the event of any conflict between the two.
2. OWNERSHIP OF CONTENT
This section contains important information about the content and information made available to you via the Site and restrictions on how you may make use of it.
2.1 You acknowledge and agree that the content on the Site, or made available through the Site, including data, databases, text, pictures, photographs, software and graphics (the “Content”) are protected by copyright, trademarks, service marks, patents, or other proprietary rights. All such rights are expressly reserved.
2.2 You shall not, except to the extent expressly permitted by these Terms, or as otherwise expressly permitted by law:
– copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile the Content; or
– remove, change or obscure in any way the Content or otherwise use any material obtained whilst using the Site; or
– copy or use the Content for any commercial purpose; or
– remove, obscure or change any copyright, trademark or other intellectual property right notices contained in the Content.
2.3 Except as otherwise provided, nothing in these Terms shall be construed as conferring any exclusive license or other transfer of rights to you of any intellectual property or other proprietary rights of AIRMAX or any of its subsidiaries or affiliated companies (the “Affiliates”) or any third party.
You therefore cannot sell, license, supply, lend or rent out any part of the Content to third parties, or make the Content available in any form whatsoever without AIRMAX’s prior written consent.
2.4 There may also be Content on the Site that we do not own, but which is owned by the respective author(s). The above restrictions also apply to such Content.
3. CONTENT OFFERED TO YOU ON THE SITE
3.1 We provide the Content in order to provide you with information about our services. We make reasonable efforts to keep the Content up to date (and reserve the right to update and/or change the Content at any time, please see section 6 below for further information about changes to the Site). Because the Content is provided for information only, it is your responsibility to satisfy yourself that it is suitable for your purposes and you should check the Site regularly to ensure that you have the latest updates and/or changes.
3.2 Although we use reasonable efforts to provide you with accurate Content, neither AIRMAX nor any of its suppliers, partners, employees, Affiliates (nor any of their suppliers or employees), make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Content.
3.3 Because of local laws, sometimes we have to limit access to and use of the Content for certain people or in certain countries. Where such restrictions apply, it is your responsibility to ensure that you are acting lawfully when accessing the Site and the Content.
3.4 Where the Site contains links to other websites, we are not responsible for the content available via that link. If you have any issue with materials provided via that link you should contact the relevant site or provider direct. You must also not post links to other sites without our express permission. You must also refrain from deep-linking to the Site for any purpose unless expressly authorised in writing by us.
4.1 We use reasonable endeavors to ensure that the Site contains no inaccuracies, errors, viruses or defects; however AIRMAX does not warrant that this is the case. Please read the information which follows which further explains our liability in relation to your use of the Site.
4.2 AIRMAX cannot guarantee that the Site will function without interruption or free of errors. In particular, operation of the Site may be momentarily interrupted to allow us to conduct maintenance, and to implement updates or technical improvements. We are also not responsible for any malfunctioning or problems accessing or using the Site caused by inappropriate equipment or linked to internet connectivity, inadequate bandwidth or any Internet service provider, or for any other reason unrelated to us.
4.3 Neither AIRMAX nor any of its Affiliates shall be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including (without limitation to the foregoing) any losses in relation to:
– use which you make of the Site or reliance on Content or any loss of any Content resulting from delays, non-deliveries, missed deliveries, or services interruptions; and
– defects that may exist or for any costs, loss of profits or consequential losses arising from your use of, or inability to use or access, or a failure, or suspension of all or part of the Site at any time; and
– failure by you or the companies or entities you represent, to comply with the Site software installation instructions.
4.4 To the fullest extent permissible under applicable law, we are providing this Site and its Content on an ‘as is’ basis and we disclaim any and all conditions, representations or warranties which may be implied or incorporated into these Terms, by law or otherwise.
5. YOUR INDEMNIFICATION TO US IF YOU BREACH THE TERMS
If you are found to be in breach of these Terms, you shall indemnify and hold AIRMAX and any of its Affiliates harmless from and against any claim by a third party on demand from all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by AIRMAX.
6. AMENDMENT TO OUR TERMS
We reserve the right to amend the Terms at any time. Such amendments shall become effective one (1) month after being posted on the Site. By accessing and using the Site, you accept that you are bound by the current Terms at the time of your access or use. You should therefore check these Terms each time you access to and use the Site.
7. WHY AND WHEN MIGHT WE SUSPEND OR TERMINATE YOUR ACCESS AND USE OF THE SITE?
7.1 We may suspend access to and use of the Site: (i) for repair and maintenance work; and (ii) in order to update and/or change the Content from time to time; and (iii) in the event that we believe that you or anyone to whom you disclose your password are or may be in breach of these Terms.
7.2 AIRMAX may terminate the access to and the use of the Site if AIRMAX ceases to offer the Site for any reason whatsoever
8. YOUR PRIVACY RIGHTS
8.1 AIRMAX Automotive Limited is a registered data controller of your personal data (as such term is defined in the General Data Protection Regulation (EU) 2016/679). Details of our notification to the data protection regulator may be found in the Information Commissioner’s Office Public Register of Data Controllers at https://ico.org.uk/ under registration number Z5755978.
9. GENERAL TERMS
9.1 These Terms are governed by and construed in accordance with the laws of England and Wales and you thereby submit to the exclusive jurisdiction of England and Wales. This means that if there is a dispute or issue regarding the interpretation of these terms it will be dealt with under the laws of England and Wales.
9.2 Severability – These Terms are severable, which means that if any provision is determined to be illegal or unenforceable e.g. by a court, that provision is treated as deleted, but it does not affect the remaining provisions of these Terms, which would still remain in force.
9.3 Assignment – You undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by AIRMAX forthwith. AIRMAX may assign these Terms in whole or in part to any third party at its discretion.
9.4 Entire Agreement – These Terms constitute the entire agreement of the parties with respect to the subject matter thereof and supersede any or all prior communications, understandings and agreements between the parties, whether oral, express or implied.
9.5 No Waivers, Agreements or Representations- Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated in the Terms, no representations, statements, consents, waivers or other acts or omissions by AIRMAX or any of its Affiliates shall be deemed legally binding on AIRMAX on any of its Affiliates.