Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR USE OF LIVELINK FLEET (“LiveLink Fleet”)

Last amended March 2017


PLEASE READ THESE TERMS CAREFULLY BEFORE USING LIVELINK FLEET

These terms set out the rules for using LIVELINK FLEET.

By registering for LIVELINK FLEET you confirm that you accept these terms of use and will comply with them. 

JCB has the right to freely amend these LiveLink Fleet terms of use. Every time you wish to use LiveLink Fleet, please check these terms to ensure you understand the terms that apply at that time. The continued use of LiveLink Fleet constitutes acceptance of these changes. 

If you do not agree to the terms you must cease use of LiveLink Fleet.


Use of Cookies

These terms of use refer to the following additional terms, which also apply to your use of LIVELINK FLEET:

Cookie Policy [Click Here], which sets out information about the cookies used on the LIVELINK FLEET website.


Registration

In order to use LiveLink Fleet you will be required to apply for an account as indicated on the LiveLink Fleet site. JCB will verify your details with the JCB dealer specified by you as part of such registration process. Registration can be granted or denied at JCB’s absolute discretion.

If you are accepted to use LiveLink Fleet you will be given a user name and password (“ID”). You must keep the ID safe and secure and not disclose the ID to any other person (including any other person within your organisation). If you require other people in your organisation to have LiveLink Fleet access then they require their own user name and password. 

As a user of LIVELINK FLEET you must immediately inform JCB by requesting 'Help & Feedback' from within the LiveLink Fleet site or by email to fleettechnologies@jcb.com if a third party or unauthorised person has gained access to your username and password.

We may terminate your use of LiveLink Fleet immediately if you are in material breach of any of these terms and conditions. 

By accepting the terms and conditions of use, you accept that information relating to the daily operation of your JCB equipment will be available to all registered users of your account.

Account principals may terminate any other users registration at any time by requesting 'Help & Feedback' from within the LiveLink Fleet site or by email to fleet.technologies@jcb.com


Data protection and privacy policy

It is important to JCB that you are reassured that the information which you provide to us is used fairly and held securely. JCB is committed to protecting and respecting your privacy. This notice explains our information practices and the way your information is used. By using the LIVELINK FLEET website you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is JCB Sales Limited of Lakeside Works, Rocester, Staffordshire ST14 5JP. 

Information we may collect from you

  • Information you give us.

We collect information about you that you give us by filling in forms on our Site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site or utilise interactive functions. The type of personal information we may require includes but is not limited to your name, telephone contact details and your email address. 

  • Information we collect about you. 

We may automatically collect the following information:

Internet protocol (IP) address, login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page. 


Cookies

For detailed information on the cookies we use and the purposes for which we use them see the LIVELINK FLEET Cookie Policy.

Uses made of the information

We use information held about you in the following ways:

  • To set up, manage and deal with any issues or queries that may arise in relation to your account.
  • To provide you, or permit selected third parties (e.g. your selected dealer) to provide you, with information about goods or services or events we feel may interest you. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please indicate in the relevant box situated on the form on which we collect your data (the registration form). 
  • In the case of users making an enquiry regarding any particular offer or reward scheme, we supply your details to the JCB Dealer selected by you who may then contact you;
  • To communicate with you on matters relating to the provision of the service provided by LiveLink Fleet in general which shall include, but not be limited to, contacting you by any available means to request information as to whether any enquiry did lead to a contract for the sale and purchase of goods or services or providing you with information of special features of LiveLink Fleet and any other service that LiveLink Fleet provides which we think may be of interest to you;
  • To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes including to improve our site to ensure that content is presented in the most effective manner for you and for your computer or generally to develop LiveLink Fleet and our service; 
  • To allow you to participate in interactive features of our service, when you choose to do so and as part of our efforts to keep our site safe and secure.

Disclosure of your information

Your data will be shared with the specified JCB dealer when you have indicated that you want further information on a particular offer advertised by such JCB dealer in LiveLink Fleet.

You agree that we have the right to share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as well as any third-party analytics providers that assist us in the improvement and optimisation of our site from time to time.

We may disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use, or to protect the rights, property, or safety of LiveLink Fleet. 

Where we store your personal data

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Owing to the global nature of the mobile communication and the location of JCB dealers and other suppliers, the information you provide may be transferred in transit to countries outside the European economic area that do not have similar protections in place regarding your data and its use as set out in this policy. By submitting your information you consent to these transfers. 


Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at fleet.technologies@jcb.com


If you have submitted personal data to us electronically and would like it to be removed, or wish to change the use to which any data can be put, or if you believe personal data held by us to be incorrect please inform JCB by requesting 'Help & Feedback' from within the LiveLink Fleet site or by email to fleet.technologies@jcb.com.


Intellectual Property Rights

LiveLink Fleet and the LiveLink Fleet website and its content are the intellectual property of JCB or the JCB Dealer to the extent that the JCB dealer has included content. No user is granted any rights in the same.

No content of the LiveLink Fleet site may be reproduced, copied, published, transmitted, modified or distributed in any way or form (except as may be required by law) other than any content which LiveLink Fleet website itself generates into any form of media which is able to be transmitted. 


Security & Malware

JCB does not warrant or guarantee that LiveLink Fleet will be secure or free from bugs or viruses. JCB shall not be held liable for any damage or lost or corrupted data resulting from any security issues, errors, computer viruses or malware connected to LiveLink Fleet. If the use of LiveLink Fleet results in the need for you to cleanse, back-up, service, repair or replace any equipment or software, JCB is not responsible for these costs.

You are responsible for configuring your information technology, computer programmes and platform to access LiveLink Fleet. You should use your own virus and malware protection software.

You must not misuse LiveLink Fleet by knowingly introducing malware, viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to LiveLink Fleet. 


Limitation & Exclusion of Liability

LiveLink Fleet and its content is provided to you on an “as-is” and “as available” basis without warranty, condition, representation or other commitment. JCB is not responsible for any damages caused by the use of LiveLink Fleet or the malfunction or failure of LiveLink Fleet. 

JCB does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

JCB excludes all implied conditions, warranties, representations or other terms that may apply to LiveLink Fleet or any content on it. 

We use reasonable efforts to include accurate and up-to-date information on LiveLink Fleet to the extent that such content is generated by JCB. We accept no responsibility for any errors or omissions in the content and shall not notify you when any information has been amended. Information is illustrative only, should not be taken as actual or conclusive, does not constitute any form of advice or recommendation and should not be relied upon. Note certain content is included by JCB dealers and we have no responsibility for information or content added by the JCB Dealers. 

JCB have no liability with regard to any contract that may be made with JCB dealers which is facilitated through use of LiveLink Fleet. You acknowledge that we are not, under any circumstances, a party to any contract or arrangement entered into between yourself and any dealer for the purchase of goods (JCB branded or otherwise). Any arrangements made with a JCB dealer through use of LiveLink Fleet are at your sole risk and responsibility.

JCB will not be liable to you 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, our site; or
  • use of or reliance on any content or information displayed or included on LiveLink Fleet.

In particular, JCB will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.


Access to LiveLink Fleet

We do not guarantee that the LiveLink Fleet website, or any content or information on it, will always be available or be uninterrupted.

JCB has the right to freely suspend or withdraw or restrict the availability of all or any part of the LiveLink Fleet website for business and operational reasons. JCB will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access LiveLink Fleet through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.


Changes to LiveLink Fleet

JCB has the right, without notice, to change, remodel, add to, remove or otherwise change LiveLink Fleet in any manner JCB sees fit and we shall not be liable to you for the same.


General

We welcome your views about LiveLink Fleet. If you would like to contact us with any queries, comments or complaints please inform JCB by requesting 'Help & Feedback' from within the LiveLink Fleet site or by email to fleet.technologies@jcb.com. 

These LIVELINK FLEET terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the English courts.