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.

Contractual Agreement

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  The service may be withdrawn at any time without notice in case of misuse.

Registration

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;

Safety Information

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.

Disclaimers

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.

Liability

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 Notice:

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.

Trademark Notice

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.

Governing Laws

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.

Other Sites

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.

Security

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.

Termination

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.

Changes

We may amend, modify, delete, or otherwise change any information, component, or page now or hereinafter contained or displayed on this Website, including, without limitation, any prices, product descriptions, terms, warranties, or these Terms of Use, at any time and from time to time without notice and the same will be effective immediately upon posting on this Website (except with respect to orders placed and accepted by us prior to the time of posting, in which event the terms and conditions in effect at the time the order was placed shall apply).  In the event that such changes are not acceptable to the subscriber, they shall not be obliged to place any further orders or subscriptions and may terminate upon 1 week’s notice to JLR.

Severability

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.

Entire Agreement

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.

TOPIx Privacy Statement

Jaguar Land Rover treats your privacy and personal information with the utmost respect. We are compliant with the EU’s General Data Protection Regulation.  This Privacy Notice is intended to tell you how we use any information we collect about you (called "personal information", explained below).

What is Personal Information 

For the purposes of this Privacy Notice "Personal Information" consists of any information that relates to you and/or information from which you can be identified, directly or indirectly. For example, information which identifies you may consist of your name, address, telephone number, payment details, an online identifier (e.g. cookies identifiers and your IP address ) or to one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.

Who We Are:

When we refer to ‘Jaguar Land Rover’, ‘JLR’ ‘we’ ‘our’ or ‘us’ in this Privacy Policy, we refer to: Jaguar Land Rover Limited, whose registered office is at: Abbey Road, Whitley, Coventry CV3 4LF, and whose registered number is: 1672070.

Information About Our Organisation and Website

Jaguar Land Rover TOPIx is a technical resources website owned and maintained by Jaguar Land Rover committed to providing the most reliable technical information available. This Privacy Statement describes the way that this website collects and handles the personal and non-personal information. Personal data includes information that is particular to you such as street address, telephone number, and e-mail address. Non-personal information includes tracking the site pages that you visit or the amount of time you spend on our site. This is collected as non-personal information, which means that we do not track these items on an individual basis that identifies you, but rather accumulate this info on an aggregate basis that includes all site visitors.

This Statement will also tell you how you can verify the accuracy of your personal information submitted to us through this website and how you can request that we delete or update your personal information. This statement describes the measures in place to ensure that your information is secure.

Jaguar Land Rover Ltd. applies the privacy rules prevailing in the United Kingdom for services provided or based here.  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.

What Personal Information is Collected

We ask you to provide minimal personal information on the registration form and the data is stored in a secure encrypted form in our computer database.

This information includes such data as your name, company, company address, and e-mail address. We also ask you to nominate a username and password to identify yourself on the website.

Why we use this information:

·           To ensure the users are actual service technicians or interested visitors looking at free information.

How to Access or Correct Your Information

This website has a page that displays your details of your user profile. Once you are logged on you will be able to view and update information held about you in the database.

Other Information Collected During Your Visit to Our Website

Whenever you browse this website, read pages, or download information, our computers automatically record certain information about your visit from the computer you use to access our site. This information does not identify you personally, it just tells us how many people visit our website and the types of computers used with this information; we can improve our site for all our visitors and make it more useful to you.

The information includes the following:

·           The date, time and duration of a visit to our website.

·           How many and which pages you visit during a visit to our website.

·           Your Internet domain name (this might be your internet service provider such as www.aol.com or your place of work e.g. www.bbc.co.uk) and the 'IP' address (this is a number assigned to your computer whenever you are surfing the web) which allows you to access our website.

·           The Internet browser you use (e.g. Microsoft Internet Explorer or Firefox) and your computer's operating system (e.g. Windows 7).

·           The site you were on before you linked to this Jaguar Land Rover website (e.g. Yahoo, if you found us using a search engine).

·           In the US, we are required to provide a summary of this type of information to the US Environmental Protection Agency and Californian Air Resource Board. This is to satisfy the authorities that our website is available and meets the needs of the Independent Motor Traders.

Use of Pixel Tags (Clear Gifs)

Our website uses Pixel Tags to optimize the screen layout. They are not used to obtain user specific information.

A Pixel Tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appear, the URL (Uniform Resource Locator) of the page on which the pixel tag appears, the time the page containing the pixel tag was viewed, the type of browser that fetched the pixel tag, and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, we may use 'format sensing' technology, which allows pixel tags to let us know whether you received and opened our e-mail.

Protection of E-mail Addresses

Your e-mail address is used for the following purposes:

·           Replying to you in response to an e-mail from you.

·           Reminding you of your password.

·           Sending you confirmation of your subscription.

·           Reminding you that your subscription will expire shortly.

·           Sending you information about the website and related activities.

Session logs – What they are and How We Use Them

When you visit any website, the server housing the pages automatically generates a 'session log'. These logs provide the site owners with information about the pages you visit or information you request. The only data gathered is the Internet Protocol (IP) address from which you came, the website that referred you (if any), the pages you visited and the date and time of those visits. In this way, we can structure our pages so that the information most frequently visited is easier to find. By tracking page visits, we can also determine if the information we're providing is being used.

How We Use the Information We Collect

Personally identifiable information collected on the Jaguar Land Rover TOPIx website may be used to:

·           Fulfil and deliver an order for goods or services such as a service publication subscription.

·           Respond to your comments or requests for information.

·           To make the user experience more customer friendly.

·           Contact you if necessary in the course of processing or shipping an order for products or services.

·           Generate site analytics that improve our site layout, content, product offerings and services.

·           Compile user data that is stored in our corporate database and may be used for marketing and other purposes.

Non-Personally identifiable information collected on the Jaguar Land Rover TOPIx website may be used to:

·           Compile aggregate and statistical data to help in website design and to identify popular features.

·           Measure website activity to allow us to update our site to better meet user wants and needs.

The Jaguar Land Rover TOPIx website utilises session log data and your personal and non-personal data for the purpose of performing analytics on the users' experience while visiting this site. This analysis:

·           Is performed on an aggregate level and does not identify you or your information personally.

·           Involves the use of a third party vendor Cognitran acting on behalf of the Jaguar Land Rover TOPIx website.

·           Is performed in order to improve our website and the user experience.

·           May include the use of session and/or persistent cookies to track user movement across this and other Jaguar Land Rover websites or to track other events within or across this and other Jaguar Land Rover websites.

·           Any information that is provided to the third party vendor is to be used only for the purpose of performing the analytics and compiling reports of the data. The third party vendor is restricted from using this data in any other way other than to provide these services to Jaguar Land Rover and they may not share or resell this data.

Sharing Your Information

The Jaguar Land Rover TOPIx website does not sell, rent, share or otherwise provide any of your personally identifiable information to anyone other than for site analytics as described above and to process your credit card transaction.

The Jaguar Land Rover TOPIx website will not disclose your personal information, without notice, unless permitted to do so by law.

Site metrics for the Jaguar Land Rover TOPIx website may be shared with other Jaguar Land Rover websites or subsidiaries or affiliates. The information shared will be aggregate data and will not include any of your personally identifiable information.

Access To and Control Over the Use of Your Information

If you have submitted personal information to the Jaguar Land Rover TOPIx website, or if someone else has submitted your personal information to the Jaguar Land Rover TOPIx website, or if we have collected personally identifiable information on you through the Jaguar Land Rover TOPIx website in some other fashion, you can access this information by logging into the site and choosing 'update profile' in the menu. You may also correct or update your information there. The Jaguar Land Rover TOPIx website will use reasonable efforts to supply you with the information you have requested.

The scope of access available for this request is for information stored in the database that holds the data for the Jaguar Land Rover TOPIx website. Any personal information that has been collected from you on other Company websites will not be accessible or changeable through the processing of this request.

Security of Your Information

Safeguarding information of visitors to our website is of utmost importance to us. When you send personal information such as credit card numbers or telephone numbers to the Jaguar Land Rover TOPIx website, we use "Secure Socket Layers" or SSL to protect your data. SSL is encryption technology that helps safeguard your personal information against misuse by unauthorized individuals.

Links to Other Sites

The Jaguar Land Rover TOPIx website provides links to websites operated by our partners. We encourage you to review the privacy statements of sites to which you are linked so that you can understand how those sites collect, use and share your information. The Jaguar Land Rover TOPIx website is not responsible for the privacy statements or other content or data-handling practices on other websites.

Contacting Us

If you have any questions or comments concerning this privacy statement for the Jaguar Land Rover TOPIx website or have any questions regarding the contents of this website, please contact our  Retailer Helpdesk:

Tel:0800 0280837* or 0845 2301714 (*Dial using UK code if calling from outside UK. Standard ISD charges apply.)

Tel:+44 2035648520 Australia

Tel:4008810170 China

Email:retailer@jaguarlandrover.com

The Jaguar Land Rover TOPIx website will be happy to respond to your questions and comments via e-mail within two business days.

How we’re regulated: For UK data protection legislation purposes, Jaguar Land Rover Limited is registered with the Information Commissioner’s Office under registration number ZA020510.

YOUR DATA PROTECTION RIGHTS.

You have rights in connection with your personal data that, with effect from the 25th May 2018 will include the following: to withdraw consent where you have given it, to be informed and have access to your personal data, to correct or complete inaccurate data, and in certain circumstances to restrict, request erasure, object to processing, or request portability of your personal data to another organisation.

Customer Experience Centre contact details:

If you would like to get in touch on a website related query, Jaguar Land Rover Customer Experience Centre contact details are accessible from these web pages:

https://www.jaguar.com/contact-us/index.html

https://www.landrover.com/contact-us.html

If you are not happy and have a data protection related complaint, please contact us direct at this email address: DPOffice@jaguarlandrover.com. If you are not satisfied, you also have the right to complain to the Information Commissioner’s Office.

How you can get in touch with the Information Commissioner’s Office (ICO) …

The Information Commissioner’s Office (the ICO) is the supervisory authority that regulates personal data in the UK. You can get in touch with the ICO in any of the following ways:

By going to their website: www.ico.org.uk

By giving them a call on 0303 123 1113

or by writing to them. Their address is: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF.