TERMS AND CONDITIONS FOR USE OF JCB FINANCE ONLINE ACCOUNT PORTAL ("Portal")
Effect of these terms
- These terms (together with any documents referred to) tell you the terms on which you may make use of the Portal, whether as a registered user or guest. Use of the Portal includes accessing, browsing or registering to use the Portal.
- It is a condition of use of the Portal that you agree to the following Terms therefore please read these Terms carefully before you start to use the Portal. By continuing to use the Portal you confirm that you accept these Terms and that you agree to be bound by the Terms. If you do not agree to these Terms, you must not use the Portal.
- We reserve the right to alter any and all of these Terms at our discretion and shall notify you of the updated Terms on your next log-in following any such change. The continued use of the Portal by you and your personnel after such notification of change constitutes acceptance of the changes and you would then be bound by any such revision.
Other Applicable Terms
- The following additional terms also apply to the Portal and in respect of the information contained in it:
Accessing the Portal
- Our Portal is made available free of charge.
- You are responsible for ensuring that all persons who access the Portal through your internet connection are aware of these Terms and other applicable terms, and that they comply with them.
- We provide the Portal and its contents on an “as is” and “as available” basis. We do not represent or warrant that access to the Portal, or any part of it will be uninterrupted, reliable or fault free. Access to our Portal is permitted on a temporary basis. We reserve the right at our discretion at any time, with or without notice, to modify, suspend or discontinue all or any part of, temporarily or permanently, the Portal . We will not be liable to you if for any reason our Portal or any part of it is unavailable at any time or for any period.
- In order to use the Portal you or your personnel who will be using the Portal as part of their roles (“Specified Personnel”) may be required to choose a user name and password ("ID"). The issue or acceptance of an ID is at our discretion. Neither you nor the Specified Personnel must disclose their ID to any other person, including any of your other employees or Specified Personnel, and rights to use the ID are not to be assigned or transferred to any other person.
- You are responsible for all use of the Portal by your Specified Personnel, notwithstanding that such Specified Personnel may have a personal ID. You shall indemnify us against all costs, liabilities, costs and expenses we may incur arising from the use of any ID by your Specified Personnel or any other person in breach of these Terms.
- If you are concerned that the security of your ID or the ID of any of your personnel has become compromised, you must notify us immediately by contacting us at firstname.lastname@example.org.
- We may terminate your right and/or the right of your Specified Personnel to use the Portal, and therefore disable any user identification code or password, whether chosen by you or allocated by us, at any time immediately if in our reasonable opinion you or your Specified Personnel have failed to comply with any of the provisions of these Terms.
- You may terminate your or any Specified Personnel registration at any time. In the event that a relevant Specified Person ceases to be employed by you then it is your responsibility to revoke access to the Portal by that Specified Person. You are responsible for checking that users with access to your account are valid and up-to-date.
Exclusion of liability
- Access to and use of this Portal is at the user's own risk and we do not warrant that the use of this web site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We do not guarantee that our Portal will be secure or free from bugs or viruses. We 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 Portal or to your downloading of any content on it. You should use your own virus protection software.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Portal or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Portal or any part of it; or
- use of or reliance on any content displayed on the Portal or any part of it.
- In particular neither we nor any of our directors, employees or representatives will be liable for indirect or consequential loss or damage, for any wasted time or expenditure, loss of profits, business revenue, sales, or business, business interruption, loss of expected savings, loss of goodwill, loss of or damage to property, loss of data.
- Nothing in these Terms shall exclude or limit our duties and liabilities under any applicable legislation or any conduct of business rules which we are bound to comply with. Further nothing in these Terms shall attempt to exclude liability for death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation made by us or on the part of our employees whilst acting in the course of their employment.
No reliance on information
- Whilst the Portal includes information as to the date and time of last update and whilst we use reasonable efforts to include accurate and up-to-date information we make no representations, warranties or guarantees, whether express or implied, in respect of the information or of the Portal and that the same be accurate, complete or up-to-date or free from errors or omissions. Consequently, we accept no liability for any losses or damages (whether direct, indirect, special, consequential or otherwise) arising out of errors or omissions. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this Portal by unauthorised third parties. You are responsible for checking that information that you are using is up-to-date.
- This Portal contains trade marks belonging to JCB Finance and other companies in The Royal Bank of Scotland Group and the JCB Group. The unregistered trademarks include graphics, logos, words, phrases and icons contained on this Portal. No rights are granted in respect of any of the above trade marks. If you are in doubt whether an item is a trade mark of JCB Finance, The Royal Bank of Scotland Group or the JCB Group, please contact us for clarification at the address below.
- Any copyright displayed on the Portal (including the manner in which the Portal or any part of it is presented or appear and all information and documentation relating thereto) is owned and shall remain our sole property or is licensed by us and reproduced under the authority of their owner. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are not granted any rights in the same.
No content of the Portal may be reproduced, copied, published, transmitted, modified or distributed in any way or form (except as may be required by law) other than as follows:
- you may reproduce any content which the Portal itself generates into any form of media which is able to be reproduced or transmitted (e.g. PDF);
- you may print off one copy, and may download extracts, of any page(s) from the Portal for your personal use and you may draw the attention of others within your organisation to content posted on the Portal.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our Portal for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of the Portal in breach of these terms, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- You agree:
- not to use the Portal for any illegal or fraudulent purpose and in accordance with all relevant laws;
- not to use the Portal to distribute by any means computer viruses, worms, trojans, logic bombs, time-bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful;
- not to use the Portal such that the whole or part of the Portal is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Portal are in any way impaired and not to attack our site via a denial-of-service attack or a distributed denial-of- service attack;
- not attempt to gain any unauthorised access to any part or component of the Portal, the server on which our site is stored or any server, computer or database connected to our site;
- that you will not use any robot, spider, scraper or other automated means to access the Portal for any purpose without our express written permission;
- not to bypass measures we may use now or in the future to prevent or restrict access to the Portal or certain information contained therein; and
- to not disassemble or reverse engineer the Portal.
Data protection and privacy
- You shall ensure that, in your use of the Portal, you comply at all times with all relevant Data Protection legislation applicable both in the territory in which your premises are based and where you are using the Portal. You shall only process personal data through your use of the Portal in such a way as is reasonable and necessary.
- The contents of this Portal do not purport to provide any financial, investment or professional advice and nothing on the pages of this Portal shall be deemed to constitute the provision of financial, investment or other professional advice in any way.
- We welcome your views about our Systems. If you would like to contact us with any queries, comments or complaints please send an email to email@example.com.
- The Systems are controlled and operated by us from the United Kingdom and shall be governed by English law and the English courts shall have exclusive jurisdiction. The information contained in the Systems may not satisfy the laws of any other country. If you access the Systems from outside the United Kingdom you do so on your own initiative.
- If this term or any of these terms is found to be invalid by a court with competent jurisdiction, the remaining terms will be unaffected and remain valid.
- In these conditions:
- "we", "us" and "our" means JCB Finance Ltd including where the context so allows, its shareholders, employees, affiliates; and
- "you" and "your" and "users" means the JCB Finance Ltd customer who is looking to use the Systems in accordance with the Terms;
- "Terms" means these general terms and conditions of use as varied from time to time and any Specific Terms introduced from time to time.
JCB Finance Ltd
The Mill, High Street, Rocester, Staffordshire, ST14 5JW
Registered number: 972265