1. These terms and conditions (“conditions”) are the only conditions that shall apply in respect of the provision by ATS Euromaster Limited (“us”, “we” or “our”) of access to its web based tyre service reporting system Euromaster Fleet Inspector (“the Site”) to any person who is permitted access to the Site (“you” or “your”). By using the Site you unconditionally accept and agree the application of these conditions.
2. We shall not be obliged at any time to provide you with access to the Site or its contents and by providing you with such access we do not guarantee or warrant (and further make no representations in respect of):
2.1 the availability of the Site; or
2.2 the content of the Site.
3. Subject to the payment by you in accordance with these terms and conditions of any user charges that we might levy, we shall provide you with up to two usernames and passwords to gain access to the Site (or such other number as we may agree on the payment of additional charges). You agree to ensure that any username and password (“passwords”) provided to you by us is only used by those of your authorised employees or authorised users in respect of whom the password is given and not by any other person. We shall not be responsible for any access to the Site by any unauthorised person utilising a password where that is not as a consequence of our acts or omissions.
4. You must inform us in writing immediately if you wish any password to be cancelled by emailing your Account Manager or Customer Service Advisor. We shall cancel a password within 24 working hours of a request being made.
5. We shall inform you of any charges that you must pay in order to be granted access to the Site (“the Charges”). Any charges applicable shall be paid in advance and access to the Site will not be provided until all Charges (including any that are outstanding) have been paid. Where any payment due to us from you is outstanding (including Charges), we reserve the right to withdraw access to the Site until all such payments have been fully satisfied.
6. We are providing the Site services on an ‘as is’ basis and we make no representations or warranties of any kind with respect to the Site or its contents and disclaim all such representations and warranties (whether or not made by us).
7. Although we make every effort to ensure that information on the Site is accurate and up to date, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on the Site. We reserve the right, at any time and without prior notice, to change the form and content of the Site. In the event that such changes are made we shall not be liable to you in any way whatsoever for such changes.
8. All intellectual property rights in the design and layout of the Site and the material and information published on the pages of the Site, including, but not limited to, copyright, database rights, design rights and rights in registered and unregistered trade marks, are owned by or licensed to us. All right in relation in relation to such intellectual property rights are reserved.
9. The content of the Site is subject to copyright and may not be reproduced without our express written permission. In the event that any third party, other than us, holds any intellectual property rights in the information or other material contained on the Site, such third party has the right to enforce their own intellectual property rights in addition to any rights held/owned by us.
10. All trade marks, brand names, product names and titles used on the Site are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by us in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
11. Notwithstanding the preceding paragraphs, you are permitted to reproduce the content of the Site but only to the extent reasonably required by you to manage your utilisation of tyres and tyre services in respect of your vehicle fleet and for no other purpose. In particular (but without limitation) you are not permitted to reproduce the content of the Site for the purposes of providing information to third parties without our express permission in writing. Any copies you make must retain any copyrights or other intellectual property notices contained in the original material
12. Save as referred to in clauses 8, 9 and 10 above, no third party rights are granted or acquired as a result of this Agreement
13. We accept no liability for any reliance placed upon the contents of the Site and the information it provides, which may contain technical or factual inaccuracies or errors.
14. Neither us nor any of our directors, employees or other representatives will be liable for any claims, loss or damage (of any kind whatsoever) arising out of or in connection with the use by you or of any third party of the Site. This is a comprehensive limitation of liability that applies to all claims, losses, and damages of any kind, including (without limitation) compensatory, special, direct, indirect or consequential damages, loss of data, expenditure, income or profit, loss of or damage to property and claims of third parties. You acknowledge and expressly agree that in the circumstances surrounding the arrangement contemplated by these terms and conditions that the exclusions of liability set out in this Clause 14 are both fair and reasonable (and satisfy the test of reasonableness specified in the Unfair Contract Terms Act 1977) and that this we would not provide access to the Site and the related services in the absence of such exclusions.
15. Notwithstanding the foregoing, none of the exclusions and limitations in clauses 13 and 14 are intended to limit any rights you may have as a consumer (or any other statutory rights which you may have and which cannot by law be excluded) nor in any way to exclude or limit our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence or that of our employees or agents.
16. We shall have no liability if you are unable to use the Site or access the information on the Site because of the failure of any machine, data processing system or transmission link or anything else beyond our reasonable control.
17. This statement details the practices which we have adopted in order to ensure that the requirements of the Data Protection Act 1998 are complied with in respect of the processing of personal information collected from you. By using the Site and providing data you consent to the collection and use of your information under the terms of this practice.
18. Personal information may include information submitted by you in response to various pages on the Site and information obtained following any other communication with us.
19. We will use any personal information collected to enable us to meet our obligations to you (including responding to your enquiries) and to compile information in order to administer and improve our services. We may also use such personal information to inform you about our products, promotions and special offers which may be of interest to you. We may contact you by post to let you know about such products, services or special offers. If you do not wish to receive such promotional and marketing material from us please email us at email@example.com informing us of such decision or alternatively contact your Customer Service Advisor.
20. We may also, as necessary and appropriate, undertake credit checks and share personal data with credit reference agencies in order to help make decisions in respect of credit applications.
21. We will not disclose any personal information to any third party and we will not sell, trade or rent your personal information to others.
22. We wish to keep all personal data fully up to date. If you wish to review, change, update or remove your personal data please email us at firstname.lastname@example.org with the requisite details or contact your Customer Service Advisor. Personal data will only be kept for a period which is no longer than reasonably necessary for the purposes for which it is being held.
23. You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you do wish to do this, please contact us. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.
25. In order to make sure that we follow your instructions and to enable us to improve the provision of our services through staff training we may monitor and record communications between you and ATS Euromaster. Use of telephone or email to communicate with us implies consent on your part to such monitoring and recording.
Rights and Law
26. A person who is not a party to this Agreement may not rely upon or enforce any rights pursuant to the Contracts (Rights of Third Parties) Act 1999.
27. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
28. We reserve the right to change these terms and conditions at any time by posting changes on the Site. It is your responsibility to review the Site terms and conditions regularly to ensure you are aware of the latest terms and conditions. Your use of this Site after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions. Otherwise these terms and conditions can only be amended with our agreement in writing signed by one of our directors.
30. These terms and conditions shall be governed and construed in accordance with the laws of England and Wales whose courts shall have competent jurisdiction over this agreement.