TERMS OF USE

IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

Welcome to The This Is Cheshire (the "Site") owned and made available by Newsquest Media Group Limited of 58 Church Street, Weybridge, Surrey, KT13 8DP (referred to in these Terms and Conditions as "we" and "us"). The Terms and Conditions form part of an agreement between you, the end-user, and ourselves and sets out the conditions under which you may access the information, products, services and advertisements (the "Material") available through the Site. By accessing, viewing or using the Material on the Site you have indicated to us that you both understand and agree to be bound by these Terms and Conditions.

1. Terms and conditions:

These terms and conditions ("the Terms") govern your use of this Newsquest website (the "website" or "site"), including community forums, reader comments and blogs. Your attention is particularly drawn to the disclaimers in paragraphs 15 -18. Your use of the website is also subject to our Privacy Policy which follows.

You must read the Terms and Privacy Policy. If you do not agree with the Terms, do not use this website. If you do use the website, your conduct indicates that you agree to be bound by the Terms.

Newsquest reserves the right to amend these Terms from time to time. Any such amendment will be applicable to all persons accessing the web site once the revised Terms have been posted on the website. You should therefore check the website from time to time to review the current Terms.

We do not actively moderate, monitor or edit contributions to the community forums, reader comments or blogs, but we may intervene and take such action as we think necessary. If you have any concerns over the contents on our site, please either register those concerns as the community and comment tool permits or contact us here.

2. No warranty

The Site is provided on an "as is" and "as available" basis and in particular we do not warrant that:

• the Site will continue to be available to you in either its current format or from its current domain name;
• the Site or any software available from the Site will be free from viruses or defects;
• the Material contained on the Site will be true, accurate or complete in all respects, except always to the extent otherwise set out in the Terms and Conditions and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).

3. Liability

Except for death or personal injury arising from our negligence, we shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Site, or your inability to use the Site.

4. Downloadable Material

All our downloadable material is carefully checked for viruses before being uploaded onto the site, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive.

5. Use of the Web Site

You undertake:

• not to use the Material for any unlawful purpose;
• that you shall not make any use of the Site so that the Site is interrupted, damaged, rendered less efficient, or the functionality of the Site is in any way impaired; in particular that you shall not run any automated scripts on any part of the site without our express authorisation.
• not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
• not to use the Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
• that you shall not use the Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and
• that in the event that you may have any right, claim or action against any other user arising out of the use of the Site you shall pursue such right, claim or action independently of, and without recourse to, us.
• that you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Site.

We shall have the right to immediately suspend your access to the Site if you commit a breach of these Terms and Conditions.

6. Rights

The design, images and content of the Site are, unless otherwise stated, our property or our licensors' property.

We provide Material on the Site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the Site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the Site, unless it is for the personal use of a third party.

No part of the Site can be reproduced on, transmitted to or stored on any other web site or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third parties web site without our prior written consent.

7. Links to other Sites

Any web sites to which you link through the Site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the Site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such web sites.

8. Content

We accept no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, this Site, nor do we endorse any of those organisations or any of their products or services. Should you decide to contract with any of these organisations, the contract will be directly between you and the relevant organisation. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organisations.

Please note that, although these organisations have attempted to ensure that any information or prices provided through the Site are as accurate as possible, they are not legally binding in any way.

Community

9. Registration

When seeking access to parts of the website, such as community forums, reader comments or blogs, you may be asked to register if you want to submit a contribution. You must then supply certain details if requested, such as your email address and a password. If you are under 16 you must get the consent of a parent or guardian before registering.

You can only access the registration areas of the site if:

• your email address and password (if requested) are personal and may not be used by anyone else to access the site;
• you do not do anything to allow anyone who is not a registered user to access any registration area of the site;
• you do not create additional registration accounts which may cause disruption or abuse of the site;
• you do not supply us with false or misleading information or pass yourself off as another user.

If we believe that you have not complied with these requirements, we may cancel your access to the site immediately and without notice.

10. Cancellation or suspension

We can suspend or cancel this agreement and your ability to use the website and its community forums, reader comments and blogs with immediate effect at any time for any reason, including but not restricted to your serious or repeated breach of these Terms or any conduct in connection with your use of this site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the site.

11. Your responsibilities

You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the website. Such material may include without limitation words, artwork, pictures (still or moving) and sound. You give us free of charge the non-exclusive, sub-licensable right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public or otherwise use and re-use material contributed by you (or not use it) on the website and its community forums, reader comments and blogs and associated publications, and in any other media (now known or later developed) worldwide for the full term of any rights that may exist in your contribution (including any renewals or extensions) and you waive any moral rights in your contribution for these purposes.

12. By publishing or posting material on this website, you warrant to us that:

• You do not infringe the rights of any individual, corporation or organisation, including but not restricted to the owners of any copyright and other intellectual property, confidentiality or privacy right, and you have obtained any necessary permissions.
• The material is your own original work or you have the right to make it available to use for the purposes in 11 above.
• You have not defamed any individual, corporation organisation or otherwise affected their legal rights. This may include but is not restricted to: comment which cannot be justified; facts which are untrue or unprovable; statements breaching an individual’s privacy; statements which may prejudice a court case; images or statements which are obscene, pornographic or illegal; statements which are offensive on grounds of race, religion, creed, colour or which may incite hatred or disrespect in any third party; statements which breach the criminal law, whether or not known to be illegal; statements which may breach professional ethics or standards.

13.

You acknowledge that all rights, including copyright and database rights, for any content on the website (including Newsquest trade names and logos) or which is submitted by you belong to us or are licensed by you to us for the purposes in 11 above. You may read and contribute to the website and its communities, comments and blogs for your own private purposes but not for any advertising or other commercial purpose (which includes junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial exploitation). For private purposes, you may download and use reader-generated content on a single PC and you may print out (but not photocopy) one hard screen copy of contributions to the website and its communities, comments or blogs for your personal use only. But you will not otherwise copy, store, distribute, publish, broadcast, transmit, show in public, create a database (in electronic or any other medium) from downloaded materials or otherwise use any part of this website without our written permission, except that you may reproduce reasonable extracts of any contribution to the website and its community, comments and blogs without our prior permission for non-commercial purposes provided that you deal fairly with the material and you properly accredit any original work to its author and the name of this site.

14. Indemnity

You indemnify and will keep indemnified Newsquest Media Group Ltd ("Newsquest"), its holding companies and subsidiaries of Newsquest or any of its holding companies, together with their respective directors, employees and shareholders, from and against all claims, actions, proceedings, liabilities, losses, damages, expenses and costs (including legal costs) arising from any breach of these Terms by you or from the publication of any posting or submission whatsoever contributed by you or on your behalf. We reserve the right to take over the exclusive defence of any claim, action or proceeding for which you shall be financially responsible, and for which we are entitled to indemnity from you. In such event, you shall provide us with all co-operation as may reasonably be requested by us.

15. Loss or damage - disclaimer

You acknowledge that:

• the contributions to the website and its community forums, reader comments and blogs are the statements and views of the contributors and not of us or any of our connected companies, directors employees or shareholders;
• it is your sole responsibility to check the accuracy of any facts and opinions given on this website before entering into any commitment based upon them;
• we do not, as a matter of course, actively moderate, monitor or edit the contributions to the website and its community;
• any third parties advertising on our websites, or external (or link) sites accessible via our websites, are not under our control and we are not responsible in any way for any of their contents or for any agreement you may enter into with a third party arising from your visit to our websites.

16.

We are not liable for any loss or damage, howsoever arising, from contributions to the website and its community by other parties, your use of this site or inability to use this site, or any errors and omissions on this site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or forseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.

17.

We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents of this website, and any implied warranties are excluded to the extent permitted by law.

18.

We do not warrant that this website, the server that supplies it or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.

19. Data protection

We will use your personal details to administer this site. From time to time, we may send direct marketing or promotional material information from us or selected third parties. You can indicate you do not wish to receive such material by contacting us here.

20.

If we find your use of this site seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, school, email provider or, in the case of any suspected unlawful activity, the police.

21.

Further privacy terms are given in the Privacy Policy.

22. Jurisdiction

These Terms shall be governed by the laws of England and Wales and any disputes will be submitted to and resolved by the exclusive jurisdiction of the courts of England and Wales.

23.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.

Newsquest Media Group Limited is registered in England and Wales with company number 1676637, with registered address at 58 Church Street, Weybridge, Surrey, KT13 8DP.

Personal responsibility and choice

Disclosure of personal, private and confidential material is at your own risk. Any information you choose to disseminate on the website, community forums, reader comment pages or blogs becomes public information and, subject to our Terms, remains online. We cannot control site users and advise you to exercise care in disclosing personal information on the internet. However, we shall take care of any personal information you supply to us as described in this policy in accordance with data protection legislation. Persons under 16 should not disclose to us any personal information without first getting the permission of a parent or guardian

Our policy

By registering or subscribing to this website, or otherwise providing personal information to us, you agree to the collection, retention, usage and distribution of your personal information under this policy and the Terms of use of the website.

Changes of policy

This policy may be revised or updated at any time and we encourage you to familiarise yourself with it and read it frequently to keep yourself updated.

Collection of personal information

Personal information can be collected by us from you when you register to use the website, request services from us or third parties connected with us, email us, use our website, participate in promotions, enter competitions or otherwise provide your personal details.

Other information

In addition to personal information we obtain, including your name, postal and email addresses and telephone numbers, we may also collect information that is in no way personally identifiable. This may include the operating system you are working on, the internet browser you are using, the domain name of your internet service provider and the websites you visit directly before and after your visit.

Cookies

A "cookie" is a piece of software which can stick to a computer's hard drive and recalls details about how your computer operates. We reserve the right to use this information to track your movements through our website. Personal information about you is not collected during this process. You can disable the cookies if your browser allows this. For further information on how to do this, please refer to www.about-cookies.org. However, you might not be able to use some of our on-line services if you follow this. We have no control over any cookies sent by third party websites.

Use of your personal information

Your personal information, including contact information such as postal and email addresses and telephone numbers, may be used by us or by one of our connected companies (as defined in section 9 of the Terms) for any of our internal purposes, including for instance administration, site updates or upgrades, editorial purposes, promotions, marketing of goods and services, statistical analysis and market research or for evaluating the use made of our websites.

Disclosure of personal information to third parties

Your personal information will be disclosed where we are obliged or permitted to do so by law, or in the circumstances described in paragraph 15 of the Terms. We may disclose non-personally identifiable data to commercial advertisers on our websites or any other of our commercial clients to help them understand and meet potential customer preferences and needs. We may disclose your personal information to selected third parties who may then send information to you about goods and services. You can indicate you do not wish to receive such material by contacting us here.

Retention of personal information

We will keep your personal information securely on our systems for as long as may be necessary for the purposes described in this policy. At any time you can tell us if you do not want us to continue to store and use your details and we will erase them and cancel your registration for the website, although we may need to keep for a minimum of 12 months thereafter any messaging transcript data in connection with the use of community forums, reader comments or blogs or any other part of the website.

Data protection

You are entitled to request personal data that we hold about you for a small charge. You can insist that we correct any information about you.

Third party policies

Third parties and websites linked to our site may collect or use information about you. We are not liable for the information practices of unconnected companies or other persons except as may be required by law.

SMS Car valuations

Terms and Conditions

Text cost £1.50 plus your normal operator charge.

We are currently unable to value imports, motorcycles, scooters, vans and other commercial vehicles.

We can value most cars between 1 year and 8 years old. However, in some cases, we will not be able to match your vehicle to the number plate provided. In these circumstances you will not be charged for the service.

From time to time we may send you an additional message that may benefit you. By using this service you agree to this term. Your details are held by us but will not be passed on to any third party companies. You will not be charged for any additional messages we send to you.

The valuations provided are for standard manufacturer models and don’t include optional equipment that may have been fitted.

We do not accept any liability arising from any inaccuracy or omission of this service.

If you need to contact us, please email audiotext@newsquest.co.uk

Valuation Definitions

The following valuations reflect the fair part exchange value for your vehicle. They reflect the fact that the retailer needs to cover his costs of refurbishment, valeting, servicing, warranty, title checks, stocking, promotional and administration costs, VAT and profit.

Good: The vehicle is ready to retail requiring little or no refurbishment. It is mechanically sound with a current MOT test certificate (or requiring little attention to obtain one). The interior is clean and well cared for, in original condition and free of damage. The car has a full service history and all of the documentation is available together with spare keys and security codes.

Average: The vehicle is in reasonable condition given its age and mileage however it requires some work other than routine cleaning and servicing to bring it up to retail standard. It is, however, mechanically sound and comes with a current MOT certificate (or requires only routine service item replacements in order to obtain one). Paintwork is acceptable but some repainting might be required. The interior is largely undamaged and complete although some cleaning might be needed. All documentation is available and in proper order.

Below average: The vehicle is in poor condition, or showing signs of a hard working life, and it would not be economical to restore it to an acceptable retail standard. It is mechanically poor with little or no MOT remaining. The bodywork might be corroded or damaged and the interior trim is damaged or incomplete.

You should be aware that the following factors will also influence the price you get for your vehicle:

Specification

The right combination of colour and specification is paramount, especially in executive models.

Cars with desirable manufacturer supplied extras can often achieve more than the Clean valuation.

Cars fitted with non-approved extras, body kits and modifications can be undesirable and be valued less than the standard version.

Colour

A desirable metallic colour can often be worth more than a standard plain colour.

Poor colours such as beige, dark blue and brown are usually worth less and should be valued accordingly.

Mileage /documentation

Cars without verified mileage or full service history are often valued at less than the Clean valuation. Those affected more than most are executive models where values can be affected substantially.

Vehicles without a current MOT will often achieve low values.

Disclaimer

The CAP Data and the Results are prepared and compiled by reference to data provided by third parties and/or market intelligence information, which may contain errors or inaccuracies. Furthermore, such estimates and other data may have been affected by circumstances that it may not have been possible to take into account in the preparation of the said estimates and other data, and the preparation and compilation of such data is not guaranteed to be free from errors or omissions. CAP will not accept any liability for any loss arising as a result of any reliance placed on the accuracy of the information contained within the CAP Data and/or the Results, whether arising from negligence or otherwise. All implied warranties, terms, conditions and obligations are hereby excluded to the fullest extent permitted by law although CAP does not purport to exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of CAP, its employees, agents or authorised representatives.