Terms of website use

[July 1, 2016]

The following provisions (together with the documents referred to) tells you the terms of use on which you may make use of our website servicepro.jcb.com (our site). Use of our site includes initial access, subscribing or browsing.

It is a condition of use of the site that each person, firm or company which wishes to use the site agreed to be bound by the terms. Please read these terms of use carefully before you start to use the site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. By using our site, you confirm 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, you must not use our site.

We reserve the right to alter any and all of these Terms at our discretion. Please 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. If you do not agree to the revised terms and conditions you must cease use of the site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on our site.

Information about us

servicepro.jcb.com is a site operated by JCB Service (“We“ or “JCB“). We are registered in England and Wales under company number 564955 and have our registered office at Lakeside Works, Rocester, Uttoxeter, Staffordshire, ST14 5JP. Our main trading address is JCB World Parts Centre, Beamhurst, Uttoxeter, Staffordshire ST14 5PA. Our VAT number is GB125694554.

Content

The site is primarily designed for and dedicated to professional operators that need technical information on how to repair JCB products put on the European market by JCB. The technical information contained on or achieved through the site shall only be used for repair and/or maintenance of the JCB products referred to on the site. The technical information gathered through the site shall not be resold or licensed, or communicated for free, without JCB's prior written consent.

We provide the site and its contents on an "as is" and "as available" basis. We do not represent or warrant that access to the site, or any part of it or any content, will be uninterrupted, reliable or fault free. Access to our site 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 site at any time with or without notice and shall not be liable to you for the same.

We use reasonable efforts to include accurate and up-to-date information on the site. However, we make no, and expressly disclaim representations, warranties or guarantees of any kind, express or implied (to the fullest extent permissible under English law) in respect of the site or the information, content, materials or products and services. We accept no responsibility for any errors or omissions in the content in the site and shall not notify you when any information has been amended. Without prejudice to the generality of the foregoing it is also to be noted that graphics are for illustration purposes only. The content is provided for general information only and it is the users responsibility to determine the fitness for purpose of the information for the use required. If users notice any obvious errors in information then contact support.servicepro@jcb.com.

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

We reserve the right, however, to make changes at any time, without notice, to models, equipment, specifications and availability including, without limitation, to reflect changes in relevant laws and regulatory requirements and to implement technical adjustments and improvements, for example to address a security threat.

The site is 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 may not satisfy the laws of any other country. If you access the site from outside the United Kingdom you do so on your own initiative.

Disclaimers

The technical information published on this website is intended and made available only to users who have the necessary professional and technical skills, knowledge and qualifications, as well as the necessary equipment and tools. Specific repair or maintenance operations must be performed with the appropriate specified equipment and tools, and replacement parts or components. Any repair or maintenance operation undertaken by any user of this website on the basis of, as a result of or in connection with the technical information published on this website is performed under the sole responsibility of such user, and neither JCB, nor any of its affiliated companies or any of its distributors can be held liable for any bodily injury, damage to property, loss, expenses or any other damage, or any infringement to any laws or regulations, as a result of any such repair or maintenance operation.

Any information which specifically relates to the terms and conditions of any specific warranty action undertaken by JCB, any of its affiliated companies and/or any of its distributors, and which is included in any document published on this website, does not constitute technical information. Such information relates to past warranty actions undertaken by JCB, any of its affiliated companies and/or any of its distributors, and, as a consequence, neither JCB nor any of its affiliated companies or any of its distributors are bound by such warranty actions, or any term and condition thereof. Under no circumstances shall such information constitute any undertaking, commitment or promise by JCB, any of its affiliated companies and/or any of its distributors to apply, extend or renew such warranty action.

The fact that a piece of technical information which relates to a specific upgrade or repair work for any specific range of JCB product has been published on this website, and that the product belonging or used by a user of this website falls within such range, does not, as such, mean that the user's product effectively needs to be upgraded or repaired. Such necessity must be assessed by a professional repairer (being an Authorised Dealer if such upgrade or repair work is part of a warranty action by JCB, any of its affiliated companies and/or any of its distributors).

Information that is published on the web site may contain references or cross references to products, services etc. that are not announced or available in your country. The accuracy of such information cannot be guaranteed, particularly since this information is subject to change, specific requirements or availability and such references do not imply that JCB group intends to announce such products, services etc. in your country. Contact your local dealer for complete details regarding the products, services etc. which may be available to you and for ordering.

Safety Guidance

The service methods contained herein are an effective method to perform service and repair. When performing operations following procedures contained herein, use the appropriate tools as specified and recommended. If using non-specified or recommended tools and service methods, be sure to confirm your own personal safety practices and the safety of other technicians to avoid the possibility of causing personal injury to you or others.

When parts replacements are necessary, always use the same part number or equivalent parts.

It is important to note that any "Cautions" or "Notices" must be carefully observed in order to reduce risk of personal injury during service or repair and to reduce the possibility of improper service or repair causing damage to the product or rendering it unsafe. It is also important to understand that "Cautions" or "Notices" are not exhaustive because it is impossible to warn of all the possible hazardous consequences that might result from failure to follow the instructions contained herein.

Certain procedures or content elements may make reference to Warranty policy or practice - these policies or practices are only applicable to JCB authorised dealers. Non-dealer service providers have the responsibility to notify their customers of warrantable service and may make no financial claims to JCB for performing warrantable service.

Accessing our site

Differing access levels are available for differing fee levels.

For Independent Operators (IO), including but not limited to repairers, manufacturers or distributors of repair equipment, tool or spare parts, publishers of technical information, it is the responsibility of the legal representative of the IO to register the IO for use of the site (and to notify JCB of any changes to the details given during the course of registration) and to register the IO employees who are to be given account access to the site and the same is a condition of use. JCB will not undertake the process of registering IO employees for use of the site. The IO's Legal representative is responsible for maintaining IO employees accounts (including, but not limited to, disabling an account for a former employee) with an obligation to notify JCB promptly of any such change.

Users will be given, or chose, a user identification code, password or any other piece of information as part of our security procedures. This must be treated by the specifically named user as confidential. Login details must not be disclosed to any third party including any person within the same organisation. The registration is only for use by the specifically named person who was granted such registration details. Rights to use the ID are not to be assigned or transferred to any other person. Registrations and subscriptions are not transferable and cannot be sold or traded. You are responsible for all use of your account and for ensuring that access to and use of your account complies fully with these Terms. You acknowledge and agree that any use of your account through your username, password and security information shall be deemed to be your actions which we may rely upon. You are solely responsible for protecting the confidentiality and security of your account.

We have the right to disable any user identification code or password, whether chosen by the user or allocated by us, at any time, and to terminate the right of the user to access the site if in our reasonable opinion the user has failed to comply with any of the provisions of these terms of use, or users are no longer employed by the relevant organisation which had initially registered the user, it being the obligation of the employing organisation to notify JCB of this fact.

Users and/or their organisations are responsible for making all arrangements necessary for access to our site. You must provide all equipment and software necessary to connect to the Sites, including, but not limited to, a computer (with internet access) that is in working order and suitable for use in connection with the sites.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support.servicepro@jcb.com.

Our contract with you

Our acceptance of your order for specific access rights or digital content will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we are unable to accept your order, we will inform you of this and will not charge you.

If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

If the product is a one-off purchase of digital content, we will make the digital content available as soon as we accept your order.

If the products are ongoing subscription to receive digital content, We will supply the digital content to you until either the services are completed or the subscription expires (if applicable) or the contract is otherwise ended in accordance with these terms.

As we deliver the digital content to you immediately you will not have a right to change your mind about your order.

We may have to suspend the supply of a digital content to:

• deal with technical problems or make minor technical changes;
• update to reflect changes in relevant laws and regulatory requirements.

It is always possible that, despite our best efforts, some of the services may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

No access to chargeable elements of the site shall be granted until you have paid for the same.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material and content published on it. These remain our sole property or are 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. No user is granted any rights in the same.

The information made available through the site is made available by way of a limited, non-exclusive, non-transferable, revocable right and license to use the digital content on your own computer and/or mobile device that is compatible and to make one print off copy solely for your commercial use in connection with the maintaining and/or repairing JCB machines for which the user is responsible for. Users may draw the attention of others within the same organisation to content. Other than as expressly referred to, no content may be reproduced, copied, published, transmitted, modified or distributed in any way or form (except as may be required by law) and it is not permitted to create an electronic or manual database of any or all of the content. You may not modify, sell, or create derivative works. Any other use or disclosure of the information than as may be expressly stated, either gratuitous or commercial basis, is strictly prohibited. Users shall use adequate procedures to keep the information in a safe and secure manner and protected from unauthorised access or use.

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 share or use any part of the content on our site, including those available to download, 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 our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Specific software available on the website

Any software that may be available to download from this web site (the "Software") is the copyrighted work of JCB (or any of it’s subsidiaries) and/or it’s suppliers.

Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Unless otherwise follows from the License Agreement, the Software is made available for downloading solely for use by end users. Any reproduction or redistribution of the Software not in accordance with the License Agreement may result in civil and criminal penalties.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

The Software is warranted, if at all, only according to the terms of the license agreement, except as warranted in the license agreement, JCB hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We shall not be liable towards JCB products maintained; repaired or otherwise treated in accordance with the technical information provided on or through the site.

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, our site; or
• use of or reliance on any content displayed on our site;
• damage to computer systems or loss of data.

If you are a business user, please note that in particular, we 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.

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 our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

Your use of the site

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or otherwise use the site such that the whole or part of it becomes interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the site is in any way impaired. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, 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 our site will cease immediately.

You must not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission and must not bypass measures we may use now or in the future to prevent or restrict access to the site or certain information contained therein.

You must not copy, transmit or otherwise distribute the site to any third party or otherwise disassemble or reverse engineer the site.

Linking to our site

You may not link to any part of our site.

Our site must not be framed on any other site.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trade marks

The JCB logo and the name JCB are UK registered trade marks of JC Bamford Excavators Limited. You are prohibited from using, downloading permanently, copying or distributing them in any way without the written permission of J C Bamford Excavators Limited.

General

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

CONTACT US

If you have any concerns about material which appears on our site, please contact support.servicepro@jcb.com. Please note that any information, unsolicited suggestions, ideas or other submissions will be deemed not to be confidential and non-proprietary. By sending any information or material, you JCB an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that JCB are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Thank you for visiting our site.