TOPIx Terms and Conditions of Registration and Use
These terms and conditions govern your access to the Jaguar Land Rover Limited TOPIx Online Repair Maintenance Information website www.topix.landrover.jlrext.com (the "Website"), and your use of any technical information and services accessed on it (the "Materials"). By purchasing access or in any manner logging on to or using the Jaguar Land Rover Limited TOPIx website, , you agree to be bound by these Terms and Conditions of Registration and Use, together with any matters duly drawn to your attention via the Website during the course of your subscription.
This Agreement is between you, if an individual, your company or business ("You" or "Your") and Jaguar Land Rover Limited (JLR”).
This Agreement can be terminated by either party by giving 1 week’s prior written notice to the other party. The service may be withdrawn at any time without notice in case of misuse.
The following conditions must be met:
· You are the duly authorised owner principal or manager of an independent automotive service or repair business working on your own behalf or as a duly incorporated partnership or corporate body, directly or indirectly qualifying for lawful access to repair and maintenance information;
· You will fully and accurately complete the online registration form and forward it to JLR. You warrant the accuracy and will be responsible for any loss or damage arising from any inaccuracies
Once you have completed and submitted your registration form and JLR has approved the form and completed the registration process, you will have access to a username / password to enable you to access the Website. JLR reserves the right to refuse to register users or to decline applications. It is your responsibility to keep your username / password secure at all times and divulge it only to those employees or members of your business who have your authority to access the Website. You will be liable for all transactions and costs incurred on the Website under your password. JLR cannot be held liable for any losses you suffer or incur as a result of your failure to keep your username/password secure.
Conditions of Use
Except as specifically permitted in these terms, no portion of the information on this Website may be reproduced in any form or by any means without prior written permission from JLR. The service is provided for your use only, you may not grant any use or access by any other party. Any third party who seeks any right of access or use of the information must complete their own registration.
Breach of this term may lead to immediate suspension of your access to the Website and/or termination of this agreement. Any unused Credit Balance will be retained by JLR by way of damages in respect of any loss that JLR suffers as a result of your breach of this clause. Any surplus exceeding the damages due will be refunded to you.
This Website may only be used for lawful purposes. Users are prohibited from violating or attempting to violate the security of this Website or using it to obtain products not properly ordered and fully paid for.
Users may not interrupt or attempt to interrupt the operation of this Website in any way or send unsolicited email messages ('Spam') to or through this Website or otherwise harass the site owner, provider, or other users.
Subject to your continued compliance with these terms and conditions, and other matters duly notified via the Website, we grant to you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Website and the information, images, sounds, and text (the “Materials”). We authorise you to view the Materials on this Website, and download those Materials expressly made available for downloading by us, only for your personal, use in the course of your eligible business in the repair and maintenance of JLR vehicles, and no other commercial purposes. This authorisation is not a transfer of title to or in the Materials or copies of the Materials, and is subject to the following restrictions:
· you must retain, on all copies of the Materials downloaded, all copyright branding and other proprietary notices contained in the Materials;
· you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
· you must not transfer the Materials to any other person;
Access to the Materials is intended to supply information to be used when you undertake repair or servicing work. This work should only be carried out by trained, fully qualified automotive technicians with up-to-date skills. Where a special tool is referred to in the Materials, it is essential that this tool is used for proper repairs. JLR will not be liable for any losses you incur or suffer, as a result of your failure to comply with this clause.
Vehicle Conversions Disclaimer
The Materials are supplied for the service and repair of Jaguar Land Rover vehicles. Any person registering to TOPIx Website with the intention of modifying JLR vehicles agrees to the following:
The warranty for the design, materials and construction of any modification and its effects are the sole and entire liability of the modifier, and must be for a period at least equal to the applicable JLR warranty. Furthermore, any modified vehicle must comply with the European General Product Safety Directive 2001/95/EC (as amended periodically).
In addition to the above, users of the TOPIx Website further agree to indemnify and hold harmless JLR from all claims by any third party for any cost or loss (including any consequential damages) arising from their modifications. The user shall be liable for any product liability (whether for death, personal injury or property damage) arising from any modification to a JLR vehicle or component made by the user or any of its agents.
This Website (including, without limitation, all content, software, functions, services, materials and information made available or described on this Website or accessed by means thereof), and any marketing or promotional activities or any other item or service provided via this Website ("ancillary service"), is provided on an "as is," "as available" basis. Use of this Website and any ancillary service is at your own risk. Neither JLR nor any of its officers, directors, employees, representatives, agents, parent companies, subsidiaries, or affiliates makes any representation or warranty of any kind, express or implied, as to the operation or use of this website, or (save to the extent compulsory under applicable laws) as to the information, content, or materials included on this site. To the full extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, express or implied warranties of satisfactory quality and fitness for a particular purpose, title, compatibility, security of information, accuracy, non-infringement, or arising from course of dealing or course of performance relating to the operation or use of this Website.
JLR provides the Website for informational purposes only. It is your responsibility, as an experienced repairer or servicer of JLR motor vehicles, to satisfy yourself of the suitability and apparent accuracy of the information you have downloaded from the Website and the manner in which you use that information.
Save as provided below, JLR disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to any errors in or omissions from this site and its content, including but not limited to technical inaccuracies and typographical errors; any third party websites or content therein directly or indirectly accessed through hot links in this site, including but not limited to any errors in or omissions there from; the unavailability of this site or any portion thereof; your use of this site, or; your use of any equipment or software in connection with this site.
To the full extent permissible under applicable law, neither Jaguar Land Rover Limited nor any of its officers, directors, employees, representatives, agents, parent companies, subsidiaries, or affiliates will be liable for any damages of any kind, including, but not limited to, actual, direct, indirect, incidental, punitive, or consequential damages, or damages that may arise from the use of, or the inability to use, this Website or Materials or information contained on or available through this site, whether the Materials are provided by us or a third party. Jaguar Land Rover does not seek to exclude liability for personal injury or death arising from its breach of any strict liability in negligence or strict statutory liability.
Copyright © 2012 Jaguar Land Rover Limited. ALL RIGHTS RESERVED. All text, images, graphics, animation, videos, music, sounds, software, and other materials on this Website are subject to the copyrights and other intellectual property rights of Jaguar Land Rover Limited, its affiliated companies and its licensors. Jaguar Land Rover Limited own the copyrights in the selection, coordination and arrangement of the materials on this Website. These Materials may not be copied for commercial use or distribution, nor may these Materials be modified or reposted to other sites.
All trademarks displayed on this Website are subject to the trademark rights of Jaguar Land Rover Limited, or are used under agreement by Jaguar Land Rover Limited. These trademarks include, but are not limited to, product brand names, vehicle model names, slogans, and logos and emblems. The unauthorised use of any trademark displayed on this site is strictly prohibited. ALL RIGHTS RESERVED.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the Federal Courts or the English Courts.
Advice from Customer Service Representatives
Although our customer service representatives endeavour to provide you with appropriate advice and suggestions, no such advice or suggestions, whether given orally or in writing, will create any warranty of any kind.
Accuracy & Completeness
Although we intend that information contained on this Website, including, without limitation, product descriptions and prices, be current, accurate, complete, and reliable, we make no warranty or representation that this is or will be the case with respect to any such information, and assume no liability if this is not the case. Any typographical, photographic, or other error in any information contained on this Website, including, without limitation, any product description, price, or the terms of offer of a product, is subject to correction and verification by us.
Harmful Effects of Use/Downloads
We do not warrant or represent that this Website or any e-mail sent from us, is or will be free of any viruses or other harmful components, and we do not make any representations or warranties of any kind regarding the consequences of downloading any software, information, or materials from this Website. You assume full responsibility and risk of loss resulting from your downloading or use of any software, information, or materials accessed through or obtained by means of this Website.
Product & Service Availability in Foreign Countries
This Website may contain references or cross references to JLR products or services that are not available in every country.
We are not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any third party website either affiliated to or linked from this website, and will not be responsible or assume any liability for the actions, products, services, or content of any such other site or its related businesses. Your use, purchases and other access to such sites is at your own risk and subject to those sites' terms conditions and privacy statements.
Feedback; Confidential Information; Privacy
Please note that, with the exception of credit card numbers, JLR does not want to receive confidential or proprietary information from you through our Website. Any non-personal information or material sent to JLR will be deemed NOT to be confidential. By sending JLR any non-personal information or material, you grant JLR an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that JLR is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: you grant us permission to do so; we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or we are required to do so by law.
Jaguar Land Rover applies the privacy rules prevailing in the United Kingdom. To the extent required by the domestic laws of subscribers and users home country Jaguar Land Rover will conform to such matters as are compulsory in that market. Communications from subscribers and users in such markets may be addressed to the local Jaguar Land Rover subsidiary company (if any) and will be dealt with in accordance with such local compulsory requirements. JLR Privacy Statements as published from time to time apply.
We carefully guard the security of personal information submitted to us via this Website as part of our on-line purchasing process and use industry-standard encryption technology. Thus, you can shop on our site with confidence. Please note, however, that no one can guarantee complete security.
We reserve the right to terminate or suspend your access to all or any part of this Website at any time and from time to time for any reason. In the event of any such termination, any limitations on our liability or that of any of our officers, directors, employees, representatives, agents, parent companies, subsidiaries, or affiliates set forth herein shall continue to apply.
If any provision of these Terms and Conditions of Registration and Use or of any other page found on this Website is held invalid or unenforceable, in whole or in part, by competent authorities in any jurisdiction, such provision shall, as to such jurisdiction only, be deemed severable and ineffective to the extent of such invalidity or unenforceability and shall not affect the validity or enforceability of any remaining provisions.
These Terms and Conditions of Registration and Use set forth or referred to in other pages of this Website constitute the entire understanding and agreement between you and Jaguar Land Rover Limited on use of the TOPIx services.