The Small Print
Terms and Conditions
1. Definitions and Interpretation
In this Policy, the following terms shall have the following meanings:
"Account"means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
"Content"means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
"User"means a user of Our Site;
"User Content"“User Content” means any content submitted to Our Site by Users including, but not limited to, product and retailer reviews, comments, testimonials etc.; and
“We/Us/Our”means Silkmoth Ltd, a limited company registered in England under company number 4204791, whose registered and main trading address is Charter House, 1-3 Charter Way, Macclesfield, Cheshire, SK10 2NG.
2. Information About Us
2.1Our Site, CompareTyrePrices.com is owned and operated by Silkmoth Ltd, a limited company registered in England under company number 4204791, whose registered and main trading address is Charter House, 1-3 Charter Way, Macclesfield, Cheshire, SK10 2NG.
2.2Our VAT number is GB 823 9772 00.
2.3We are a member of the National Tyre Distributors Association.
3. Access to Our Site
3.1Access to Our Site is free of charge.
3.2It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1Certain parts of Our Site may require an Account in order to access them.
4.2You may not create an Account if you are under 18 years of age.
4.3When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4We require that you choose a strong password for your Account, consisting of at least six characters and combination at least one digit (0-9), one lowercase character, one uppercase character and one special character (£ $ % etc.). It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at email@example.com. We will not be liable for any unauthorised use of your Account.
4.5You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
4.7If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.8If you close your Account, any User Content you have created on Our Site will be anonymised by removing your username, avatar and all personally identifiable information.
5. Intellectual Property Rights
5.1With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3.1Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2Download Our Site (or any part of it) for caching;
5.3.3Print page(s) from Our Site;
5.3.4Download extracts from pages on Our Site; and
5.3.5Save pages from Our Site for later and/or offline viewing.
5.4Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
6. User Content
6.1User Content on Our Site includes (but is not necessarily limited to) product and retailer reviews, comments, testimonials etc.
6.2An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
6.3You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
6.4You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.5You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
6.6If you wish to remove User Content from Our Site, the User Content in question will be anonymised by removing your username, avatar and all personally identifiable information. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control)
6.7We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7. Links to Our Site
7.1You may link to Our Site provided that:
7.1.1you do so in a fair and legal manner;
7.1.2you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2You may link to any page of Our Site.
7.3Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
7.4You may not link to Our Site from any other site the main content of which contains material that:
7.4.1is sexually explicit;
7.4.2is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.4promotes or assists in any form of unlawful activity;
7.4.5discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.4.6is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7is calculated or is otherwise likely to deceive another person;
7.4.8is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10implies any form of affiliation with Us where none exists;
7.4.11infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.4.12is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.5The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
8. Links to Other Sites
8.1Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9.1Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
9.2Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.3We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
9.4We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
10. Our Liability
10.1The provisions of this Clause 10 apply only to the use of Our Site.
10.2To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
10.3To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
10.4If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.5We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
10.6We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11. Viruses, Malware and Security
11.1We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
11.2You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12. Acceptable Usage Policy
12.1You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
12.2.1is sexually explicit;
12.2.2is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.4promotes or assists in any form of unlawful activity;
12.2.5discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
12.2.6is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7is calculated or is otherwise likely to deceive;
12.2.8is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
12.2.9misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
12.2.10implies any form of affiliation with Us where none exists;
12.2.11infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.12is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3.1suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
12.3.2remove any User Content submitted by you that violates this Acceptable Usage Policy;
12.3.3issue you with a written warning;
12.3.4take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5take further legal action against you as appropriate;
12.3.6disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
12.3.7any other actions which We deem reasonably appropriate (and lawful).
13. Privacy and Cookies
15. Contacting Us
16. Communications from Us
16.2We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
17. Data Protection
17.1All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
18. Law and Jurisdiction
18.1These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.4If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.