When We refer to "you" or "your" in these terms, We mean the individual who is using any of Our Sites, and if you are a dealer using our guarantees.lifeshine.com site (the "LifeShine Portal"), we mean that person and the dealer which employs that person (as We authorise the dealer and its authorised staff to access and use Our Site), as the context requires.
To contact us, please email email@example.com or telephone Our Customer Care team on +44 1462 677 766, or contact your usual representative.
By using Our Site you accept these terms
By using Our Site, you confirm that you accept these terms and that you agree to comply with them and be legally bound by them.
If you do not agree to these terms, you must not use Our Site.
Anybody can visit the homepage of Our LifeShine Portal, but you can only access and use Our LifeShine Portal if you have been authorised by Us to do so. If you have not been authorised by Us to access and use Our LifeShine Portal, you must not access or use it (or attempt to do so).
How We collect and use information about you
We will change these terms in the future. Every time you use Our Sites, please check these terms to ensure you understand the terms that apply at that time. You can check the date on which Our terms were last updated using the date and version number shown at the top of the terms. By using Our Site after a change has been made to Our terms, this will demonstrate your acceptance of Our updated terms.
Our LifeShine Portal – guarantees.lifeshine.com – for business users
Our LifeShine Portal enables you to register details of customers who purchase Our LifeShine guarantee which enables Us to manage and administer Our LifeShine guarantees with those customers. When using our LifeShine Portal, you will:
(a) ensure that the information entered into the LifeShine Portal will be accurate and up to date (and will notify Us if you become aware of any change in a customer's details including a change of customer address, the sale of a vehicle with a LifeShine guarantee or any other relevant information);
(b) ensure that all of your staff who have access to the LifeShine Portal have received data protection training and operate subject to a duty of confidentiality;
(c) only upload information into the LifeShine Portal about LifeShine guarantee customers who have consented to you filling out the form and registering the LifeShine guarantee on their behalf;
(d) ensure that you request each customer to confirm whether they wish to receive marketing communications from Us (by e-mail, [text message], post and phone), and if they provide their consent, record a copy of their consent;
(e) comply with all applicable laws and regulations when collecting and processing customer information and using the LifeShine Portal (and you acknowledge and agree that you are an independent data controller when you collect and use your customer's personal data and that We are an independent data controller when We receive LifeShine customer data which you have inputted into Our LifeShine Portal);
(f) only use the LifeShine Portal for the purpose of registering customers who wish to register for LifeShine guarantees with Us and to check any information which We make available to you about your use of the LifeShine Portal (including any management information available through the LifeShine Portal's dashboards) and not for any other purpose whatsoever;
(g) not make any representations/guarantees about the LifeShine guarantee other than those which are expressly set out in Our LifeShine documentation.
(h) immediately inform Us using the contact details in section 8.4 below if:
(i) you receive any complaint or enquiry from an individual or a regulatory authority about the LifeShine Portal or any LifeShine guarantee which you have sold; or
(ii) you become aware of any security incidents relating to the LifeShine Portal including any unauthorised use or disclosure of your username and passwords which allow access to the LifeShine Portal; any unauthorised use or disclosure of any personal data which is accessed through the LifeShine Portal; or, any other unauthorised use of the LifeShine Portal or use of the LifeShine Portal or the LifeShine Portal which does not comply with these terms.
(i) provide any co-operation, assistance and support which We may reasonably request in dealing with any complaints or enquiries about your use of the LifeShine Portal and allow Us to audit any records or documentation which you may possess in order to verify your compliance with these terms.
We may make changes to Our Site
Our Sites are dynamic and will change over time as Our business and products change and the requirements of users of Our Sites change. We will update and change Our Sites in the future to reflect changes to Our products and services, Our Site users’ and customers’ needs and Our business priorities. We will also make changes to provide you with additional information, to improve your experience of using our Sites and to improve the security of our Sites.
We may suspend or withdraw Our Sites
Our Sites are made available free of charge.
We do not guarantee that Our Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Sites for business, operational and security reasons.
You are responsible for ensuring that anybody who accesses Our Sites through your internet connection or using your device are aware of these terms and that they comply with them, and in relation to Our LifeShine Portal, you must must ensure that your staff and anyone else uses the LifeShine Portal with your credentials, complies with these terms.
Our Sites are only for users in the UK
Our Sites are directed to users located in the United Kingdom. We do not recommend that content available on or through Our Sites is appropriate for use or available in other locations. Our LifeShine Portal is only for use by Our authorised dealers and their staff and is not for use by consumers.
You must keep your account details safe
We will provide access to some parts of Our Sites using a username and password system – this includes access to Our LifeShine Portal and Our dealership knowledge centre. You must have appropriate security measures in place to ensure that:
(a) any username and password that We allocate to you or which you create is used only by you; and
(b) the security and confidentiality of your username and password is maintained at all times and not disclosed whether to other individuals within your organisation, or to any third parties.
You must not leave any Site session unattended and You are responsible for all use that occurs under your account, regardless of whether any such use is by you or by unauthorised third parties.
We have the right to disable any username or password, whether chosen by you or allocated by Us, at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of these terms.
You must notify Us immediately of any unauthorised use of your account for the Site or of any other breach of security. If you know or suspect that anyone other than you knows your user identification code or password, you must notify Us at firstname.lastname@example.org or call Our Customer Care team on +44 1462 677 766, or contact your usual representative. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with the requirements in this Section 7 or from any unauthorised access to or use of your account due to your failure to comply with Section 7.
How you may use material on Our Site
We are the owner or the licensee of all intellectual property rights in Our Sites (including the code which is used to create the Site), and in the material published on it (including any images or text). Those works are protected by copyright laws and treaties around the world and We reserve all of Our rights in respect of Our intellectual property rights.
You may print off copies and you may download extracts of any page(s) from Our Sites for your own personal use and you may draw the attention of others within your organisation to content posted on Our Sites when viewing Our Sites on a device. If you print off, copy or download any part of Our Sites in breach of these terms, your right to use Our Sites will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
Because Our Sites contain materials which contain Our intellectual property rights or those of others who have provided Us with authorisation to use their intellectual property rights on Our Site, there are certain restrictions which you must comply with when using Our Site – you must not:
(a) 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.
(b) use any part of the content on Our Sites for commercial purposes without obtaining a licence to do so from Us or Our licensors.
(c) interfere or disrupt the operation of Our Sites or access to them, or restrict or inhibit the ability of any other person to access or use Our Sites.
(d) use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine", or in any other way gather content or information from or reproduce the Site or circumvent the navigational structure or presentation of Our Sites.
(e) remove or obscure or modify any copyright, trade mark (whether registered or unregistered) or other proprietary rights notices from Our Sites or the materials available from them.
Information on Our Sites
The content on Our Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or deciding not to take, any action on the basis of the content on Our Sites. If you would like to discuss any of the information on Our Sites, please contact Us at email@example.com or call Our customer service line on +44 1462 677 766, or contact your usual representative and We would be happy to discuss any questions with you.
We make reasonable efforts to update the information on Our Sites but we don't guarantee that it is accurate, complete or up to date.
We are not responsible for websites We link to
Where Our Sites contain links to other sites and resources provided by other organisations, these links are provided for your information only. We do not endorse or approve any linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. Other sites will also have their own terms (including any other site of ours which you may link to from this Site) – it is important that you check the terms of those other sites to ensure that you are happy to accept them before using any other sites.
Our responsibility for loss or damage suffered by you through your use of Our Sites
Whether you are a consumer or a business user:
(a) We do 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.
(b) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any other product or services by Us to You, the terms of which will be set out in a separate agreement between Us and You.
(c) You also acknowledge and agree that the operation of Our Sites is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that We do not guarantee and will not be liable for these in any way.
If you are a business user of Our Sites:
(a) You understand and accept that Our Sites are made available free of charge and for information only. Our Sites do not have any transactional capability, they are not intended to be revenue generating and they are not designed to act as a storage function for your data. As such, We limit and exclude Our liability to you as follows:
(i) We exclude all implied conditions, warranties, representations or other terms that may apply to Our Sites or any content on them.
(ii) We 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:
(A) use of, or inability to use, Our Sites; or
(B) use of or reliance on any content displayed on Our Sites.
(iii) In particular, We will not be liable for:
(A) loss of profits, sales, business, or revenue;
(B) business interruption;
(C) loss of anticipated savings;
(D) any loss of or damage to data;
(E) loss of business opportunity, goodwill or reputation; or
(F) any special, indirect or consequential loss or damage.
If you are a consumer using Our Sites, We will be responsible for any damage which You suffer due to Our breach of these terms.
We are not responsible for viruses and you must not introduce them
We do not guarantee that Our Sites will be secure or free from bugs or viruses.
You are responsible for configuring your IT systems and devices to access Our Sites and We would recommend that you use your own virus protection software.
You must not misuse Our Sites by knowingly introducing any harmful code to Our Sites which is designed to damage Our Sites or which will result in damage to Our Sites (this includes viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful). You must not attempt to gain unauthorised access to Our Sites, the servers on which Our Sites are stored or any server, computer or database connected to Our Sites. You must not attack Our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this Section, 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 any details which We have about the breach to them (which may include your identity, contact details and information about any devices used for this purpose). In the event of such a breach, your right to use Our Sites will cease immediately.
Rules about linking to Our Site
You may link to the home page of Our Sites, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. You may not link to any subpages of any password protected area of Our Sites or make any direct links to files on Our Sites which are made available to You.
You must not:
(a) establish a link in such a way as to suggest any form of association, approval or endorsement on Our part unless you have Our written consent to do so.
(b) insert such links on any other website which contains any content which is illegal, infringes any rights, such as the intellectual property rights of any third party or contains any adult content.
(c) establish a link or deep-link to Our Sites in any other website that is not owned by you.
(d) frame Our Sites on any other site or create a link to any part of Our Sites other than the home page.
We reserve the right to withdraw linking permission without notice and to object to any such links and require you to remove them.
If you wish to link to or make any use of content on Our Sites other than that set out above, please contact firstname.lastname@example.org.
Which country’s laws apply to any disputes?
If you are a consumer, please note that these terms and Our relationship with You are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that 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, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You agree to the exclusive jurisdiction of the courts of England and that We may bring proceedings against You in any court anywhere in the world, particularly in circumstances where Our intellectual property rights are infringed or Your actions result in Us seeking emergency relief such as an injunction.