Terms of use

ACCESSING OUR SITE 

These Website Terms of Use (“Terms of Use”) govern your access to and use of www.cosworth.com and other Sites operated or managed by Cosworth Group Holdings Limited and/or any of its subsidiaries or other group companies (“Cosworth”) (the “Sites”), any information, text, graphics, image, audio, or other materials appearing on the Sites (the “Content”), and any services provided through the Sites (the “Services”). Your access to and use of the Sites, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Sites, Content or Services, you agree to be bound by these Terms of Use. 

MODIFICATION OF TERMS OF USE

You acknowledge and agree that Cosworth may revise these Terms of Use from time to time. By continuing to access or use the Sites, Content or Services after Cosworth makes any such revision, you agree to be bound by the revised Terms of Use. It is your responsibility to check these Terms of Use from time to time to verify such variations. 

PRIVACY

Please see Cosworth’s Privacy Policy for information and notices concerning Cosworth’s collection, use and processing of your personal information.

PRODUCTS

Any products which are featured on the Sites can be purchased either by contacting the relevant sales team or by following the relevant link to a third party website, You will be made aware of the terms and conditions that apply to the product when you purchase it. No products are sold through the Sites. 

REGISTRATION AND PASSWORDS

Some Services or areas of the Sites may require you to register. If you choose to register, you must submit a valid email address and select a username and password during the registration process, and be at least 18 years of age. You are responsible for safeguarding the password that you use to access any secure areas of the Sites. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Cosworth of any unauthorised use of your password. Cosworth reserves the right to refuse providing Services or access to the Sites to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

USE OF THE SITES, SERVICES OR CONTENT

You may only use the Sites, Services or Content for your personal and noncommercial purposes, and subject to the restrictions set forth in these Terms of Use.

Furthermore, the Sites and Content made available through the Sites may contain links to other third party websites that are completely independent of Cosworth and provided for your convenience only. Cosworth has no control over third party websites and accepts no legal responsibility and makes no representation or warranty as the accuracy, completeness or authenticity of the content, material or information contained on such third party websites.

Under no circumstances will Cosworth be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Sites. You are also fully responsible for any Content you post on the Sites and to the consequences of any such Content.

If you are accessing the Sites from location outside of the UK, you are responsible for compliance with local laws where they are applicable.

We may prevent or suspend your access to the Sites if you do not comply with any part of these Terms of Use, any terms or policies to which they refer or any applicable law.

OWNERSHIP RIGHTS AND INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Sites, Content and Services are and will remain the exclusive property of Cosworth, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Cosworth reserves all of its rights in any intellectual property. Except as expressly permitted in these Terms of Use, you may not reproduce, copy, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Sites, Content or Services without express written permission of the relevant owner. You may not copy or modify the HTML code used to generate web pages on the Sites. You may not use the Sites, Content or Services on or in connection with any other websites, for any purpose. Nothing in these Terms of Use grants you any legal rights in the Sites other than as necessary to enable you to access the Sites.

All trade marks, trade names and logos contained within the Sites, Content and Services remain the property of their respective owners. COSWORTH^®, DIABLO^TM and ALIVEDRIVE^TM are registered trade marks of Cosworth Group Holdings Limited.

While Cosworth tries to make sure that the Sites are secure, Cosworth cannot guarantee the security of any information that you supply to Cosworth. If you send any communications or materials to the Sites by electronic mail or otherwise, including any comments, data, questions or suggestions, such communications or materials are, and will be treated as, non-confidential and non-propriety. You confirm that any use of such communications or materials by Cosworth does not violate your rights, including moral rights, privacy rights, proprietary or other property right and that you have no claims whatsoever against Cosworth in relation to such use. Any materials submitted by you to the Sites may be adapted, broadcast, changed, copied, disclosed, licensed, posted, published or sold by Cosworth. Cosworth may freely use, without compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send or feedback you provide to Cosworth.

GENERAL PROHIBITIONS

You agree not to do any of the following while using the Sites, Content or Services:

• Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene or offensive; (v) promotes racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
• Access, tamper with, or use non-public areas of the Sites, Cosworth’s computer systems, or the technical delivery systems of Cosworth’s providers;
• Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
• Attempt to access or search the Sites, Content or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Cosworth or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox);
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites, Content or Services;
• Interfere with, or attempt to interfere with, the access of any user, host or Cosworth | Terms of use network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Sites;

• Use the Sites for any purpose that is unlawful under any applicable law or prohibited by these Terms of Use;
• Use the Sites to commit any act of fraud;
• Use the Sites to distribute viruses or malware or other similar harmful software code;
• Use the Sites for purposes of promoting unsolicited advertising or sending spam;
• Use the Sites to simulate communications from Cosworth or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
• Represent or suggest that Cosworth endorse any other business, product or service unless Cosworth have separately agreed to do so in writing;
• Promote any unlawful activity; or
• Attempt to circumvent password or user authentication methods

Cosworth will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Sites security issues, to the fullest extent of the law. Cosworth may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Cosworth has no obligation to monitor your access to or use of the Sites, Content and Services, but has the right to do so for the purpose of operating the Sites, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, government agency or regulatory authority.

TERMINATION 

Should you violate any of these Terms of Use, your permission to use the Sites, Content and Services will immediately terminate automatically. Cosworth reserves the right to revoke or suspend your access to and use of the Sites, Content and Services at any time, with or without cause. Cosworth also reserves the right to cease providing or to change the Sites, Content or Services at any time and without notice.

NO WARRANTY

 The Sites, Content and Services are provided “as is“, without warranty or condition of any kind, either express or implied. Cosworth cannot promise that the Sites, Content or Services will be fit or suitable for any purpose and without limitation explicitly disclaims any warranties of fitness for a particular purpose or non-infringement. Furthermore, Cosworth makes no warranty that the Sites, Content or Services will meet your requirements or be available on an uninterrupted, secure, or error-free or bug free basis. Cosworth makes no warranty regarding the quality of any information obtained through the Sites, Content or Services, or regarding the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the Sites, Content or Services.

INDEMNITY

You agree to defend, indemnify, and hold harmless Cosworth, its directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Sites, Content or Services, or your violation of these Terms of Use.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, neither Cosworth nor any other party involved in creating, producing, or delivering the Sites, Content or Services will be liable for any incidental, special, consequential or punitive damages resulting from your access to or use of, or inability to access or use, the Sites, Content or Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Cosworth has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose.

You specifically acknowledge that Cosworth assumes no liability for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

Further, Cosworth will have no liability to you or to any third party for any third-party content or website links uploaded onto or downloaded from the Sites, Content or through the Services. Such content or links should not be interpreted as endorsed by Cosworth and Cosworth will not be liable for any loss or damage that may arise from your use of them.

Cosworth will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Sites or Services or to your downloading of any Content on it, or any website linked to it. Cosworth will have no liability to you for any breach of these Terms of Use caused by an event or circumstance beyond their reasonable control including, but not limited to, strikes, lock-outs, or other industrial dispute; breakdown of systems or network access; or fire, flood, explosion or accident.

SEVERABILITY

In the event that any provision (or part of any provision) of these Terms of Use is held to be illegal, invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and affect.

RIGHTS OF THIRD PARTIES

No one other than a party to these Terms of Use has any right to enforce any of these provisions.

WAIVER

The failure, delay or omission by Cosworth to exercise any right, power or remedy provided by law or under these Terms of Use will not be deemed a wavier of such right and will not preclude or restrict any future exercise of such right or the exercise of any other right, power or remedy.

JURISDICTION

Relevant law of England and Wales will apply to these Terms of Use and any action related thereto. The relevant courts of England and Wales will have exclusive jurisdiction in relation to these Terms of Use and any related action by you but Cosworth shall have the right to take, and shall not be prevented from taking, proceedings in any other court of competent jurisdiction.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between Cosworth and you regarding the Sites, Content and Services, and these Terms of Use supersede and replace any prior agreements between Cosworth and you regarding the Sites, Content and Services.