Terms & Conditions

Terms & Conditions of Use of JCBLIVELINK.COM

Effect of These Terms

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website jcblivelink.com (“the Site”), whether as a guest/visitor or a registered user. It is a condition of use of the Site that each person, firm or company which has been permitted access to the Site (“Customer”) and the respective personnel who will be using the Site (“User”) agree to the terms of use.   Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about Us

The Site is a site operated by J.C.B. Service ("JCB") on behalf of itself and its group companies (“JCB Group”).  JCB is registered in England and Wales under company number 564955 and have our registered office at Lakeside Works, Rocester, Staffordshire, ST14 5JP.

Accessing our Site

Registration

In order to use the Site, Users will be required to use the user name and password as registered via account.jcb.com ("ID"). The ID must not be disclosed to any other person and rights to use the ID are not to be assigned or transferred to any other person. 

If you are concerned that the security of any ID has become compromised, contact JCB immediately at livelinkteam@jcb.com.

JCB may terminate the right of Users to use the Site immediately if (a) the Customer or User are in material breach of any of these terms and conditions; (b) in JCB’s discretion it determines that permission to use the Site is to cease; or (c) in the case of Users, the relevant Users ceases to be employed/engaged by the Customer, the fact of which the Customer is obliged to notify JCB promptly at [email].  

Customers may terminate any User registration at any time by disabling the Users Livelink portal account.  

Any rights that have accrued to either party at the date of termination will remain enforceable after termination.  Upon termination the Customer will ensure that the User has removed the Site from the relevant device and in any event JCB shall prevent access to such User.

General

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). Neither JCB or the JCB Group will be liable if for any reason the Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Site, or the entire Site, to Users.

You are responsible for making all arrangements necessary for you to have access to our Site.  You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them. 

Intellectual Property Rights

JCB are the owner or the licensee of all copyright, trademarks, logos and service marks and any other intellectual property rights in the Site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference or for the use of your employees or employer and you may draw the attention of others within your organisation to material posted on the Site. 

Reliance on The Site

JCB provides the Site and its contents on an “as is” and “as available” basis.  JCB does not represent or warrant that access to the Site, or any part of it will be uninterrupted, reliable or fault free.  JCB reserves the right at its discretion to temporarily or permanently modify, suspend or discontinue all or any part of the Site at any time with or without notice and shall not be liable to the Customer or any User for the same.

JCB uses reasonable efforts to include accurate and up-to-date information on the Site.  However, to the fullest extent permissible under English law, JCB makes no, and expressly disclaims representations or warranties of any kind, whether express or implied, in respect of the Site or the information, content, materials or products and services or its currency, accuracy or completeness.  JCB accepts no responsibility for any errors or omissions in the content in the Site and shall not notify either the Customer or the User when any information has been amended. 

Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed.  JCB disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

JCB will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

Except to the extent stated in these conditions or otherwise agreed in writing JCB shall have no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever whether or not due to its negligence in connection with the use of or inability to use the Site or as a result of use of the information or materials on the Site. In particular neither JCB nor any of its directors, employees or representatives will be liable for consequential loss or damage suffered, directly or indirectly, by Customers, Users or any third party arising from the operation or use of the Site, or for any wasted time or expenditure, loss of data, income or profits, production, business revenue, expected savings or goodwill, loss of or damage to property or any claim by any person.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Your Obligations

In consideration of JCB making the Site available, Customers and Users agree:

• to use the Site in accordance with all relevant laws and not for any illegal or fraudulent purpose;
• not to use the Site by introducing or knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• not to use the Site such that the whole or part of the Site is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired;
• not to use the Site in any manner which constitutes a violation or infringement of any person, firm or company or the rights thereof (including, but not limited to, third party intellectual property rights or confidentiality);
• not attempt any unauthorised access to any part or component of the Site (or other directly or otherwise connected network or server);
• not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
• not to bypass measures JCB may use now or in the future to prevent or restrict access to the Site or certain information contained therein; and
• not to copy, transmit or otherwise distribute the Site to any third party or otherwise disassemble or reverse engineer the Site.

By breaching certain of the above provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Links

You may not link to any part of the Site in any circumstances

Where the Site contains links to other sites, apps and resources these are provided for your information only. Neither such links nor adverts should be interpreted as endorsement by us of those linked websites, apps or third parties or their products or services. JCB has no control over the contents of those sites or quality of resources or products/services and accept no responsibility for them or for any loss or damage that may arise from your use of them. Users are advised to check the terms and conditions and privacy policy of any such linked sites or provision of goods or services. The JCB website at jcb.com has its own terms and conditions of use relating to use of that site.

 

Information about You and Your Visits to the Site

We process information about you in accordance with our privacy policy.  By using the Site, you consent to such processing.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. 

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

The information contained in the Site may not satisfy the laws of any other country.  If a User accesses the Site from outside the United Kingdom the User does so on their 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.

 

Trade marks

"Livelink" and "JCB" are UK registered trade marks of JCB.

Variations

JCB may revise any or all of these terms at any time at our discretion.  You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. The continued use of the Site constitutes acceptance of these changes.  Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

Contact

If you would like to contact JCB with any queries, comments or complaints about the Site, please contact [email].

Thank you for visiting the Site.

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