TIS-WEB TERMS AND CONDITIONS

"TIS-Web" means the TIS-Web software and includes the services on www.tis-web.co.uk and www.tisweb.co.uk.

"SB" means Storage Block and represents the right to download 250 chart equivalents or Archives, a chart equivalent being either the data from one analogue chart or data from a single vehicle and a single day that has been downloaded from a digital tachograph. An archive is an archive of either the vehicle unit data or the drivers card data.

"Chart Equivalent" means either the data from one analogue chart or data from a single vehicle and a single day that has been downloaded from a Digital Tachograph

"Single Day" means a day starting at 12.00 midnight and finishing at 12.00 midnight

GENERAL

By using our site and services you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

SUPPORT

Continental Automotive Trading UK Ltd. will provide telephone and E-mail technical support in response to your enquiries relating to:

• The TIS-Web Product that is available on the web site either at www.tis-web.co.uk and www.tisweb.co.uk;
• Basic functionality of the TIS-Web Product as described in the Software Documentation supplied with the TIS-Web Product.

You acknowledge that due to the multiple hardware and software environments into which the TIS-Web Product may used, Continental Automotive Trading UK Ltd. cannot guarantee that every enquiry or connectivity issues between third party services, service providers, hardware or software will be resolved. Subject to and in accordance with the terms of this Agreement, Continental Automotive Trading UK Ltd. sole support obligation is to provide reasonable and good faith efforts to resolve your enquiries arising from your use of the TIS-Web service in accordance with the Software Documentation.

SUPPORT AVAILABILITY

Continental Automotive Trading UK Ltd. will provide support on weekdays between the hours of 8.30am and 4.45pm (support centre local time) and  will not provide support on public holidays or where it reasonably determines (in its sole discretion) that systems and server maintenance is necessary. This telephone support may be charged for via the use of a premium rate telephone line. E.mail support will remain free of charge and should be used as the primary source of support once it has been established by the customer that the FAQ's on the web site and the product instructions cannot answer the query.

Continental Automotive Trading UK Ltd. reserves the right to limit each telephone call to one single support issue or question and to a duration of thirty minutes (an "Incident"). Continental Automotive Trading UK Ltd. further reserves the right to limit Support to 10 Incidents per calendar year.

WHERE SUPPORT WILL NOT BE PROVIDED

Continental Automotive Trading UK Ltd. may not provide Support where it reasonably determines (in its sole discretion) that:

• your enquiries relate to business practice, application consulting or training;
• your use of the TIS-Web service is outside that set out in the Software Documentation;
• your use of the Support is excessive, abusive or fraudulent.

PRODUCT UPGRADES

The TIS-Web service will be upgraded from time to time. This will sometimes require the downloading of some additional "client" software to the customer's computer. Continental Automotive Trading UK Ltd. will be under no obligation to keep earlier versions of the TIS-Web service in operation for those customers who wish to restrict the downloading of this client software.

SUBSCRIPTION FEES

Use of the service requires the purchase of SB's and Continental Automotive Trading UK Ltd. will notify you by E-mail when you need to purchase more SB's. Please note the following points:

• If more charts are added than the purchased SB's would allow, then you may be asked to buy extra units to make up the shortfall;
• Deleting old charts or drivers will not reclaim storage or increase the number of charts that may be entered.

Continental Automotive Trading UK Ltd. will have no obligations under this Agreement if the customers account is not in credit.

USER NAMES AND PASSWORDS

You are responsible for all use of the services made using your username and password, whether or not the use is made by you, or someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorised use. If at any time you believe your username and password is being used by unauthorised persons please use the facilities provided to change your password and / or contact Continental Automotive Trading UK Ltd.

INTERNATIONAL USE

Continental Automotive Trading UK Ltd. makes no representation that materials on this site are appropriate or available for use in locations outside the United Kingdom. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

DATA RETENTION

To use the service tachograph data is downloaded to Continental Automotive Trading UK Ltd.' servers and held there for a period of 13 months. Any data older than 13 months is automatically removed. Your data will be held as long as your subscription stays current. If your service subscription is allowed to expire all your data associated with the lapsed service will be removed. This data removal will usually occur within 3 months of your service expiring.

Your subscription would have deemed to have expired if you do not have a positive balance of Storage Blocks (SB's) on your account. Continental Automotive Trading UK Ltd. will notify you by E-mail if you need to purchase more Storage Blocks. If you do not respond to this E-mail we will put a warning on your log in screen that you need to purchase more SB's. If after 28 days your account has not been brought into a positive balance we may at our sole discretion close your account without further notice.

If you do not ensure your account is kept with a positive balance Continental Automotive Trading UK Ltd. and its partners are under no obligation to keep your data.

"ACTIVE-X CONTROLS" - PROGRAMS PLACED AUTOMATICALLY ON YOUR COMPUTER

When you subscribe to one of our Interactive Services, we may store some programs on your computer in the form of an "Active-X Control" to provide an effective service. Active-X Controls can help us in many ways; for example, by allowing us to validate data entered without the need to continually transmit information. Normally you will be prompted before the control is transferred. Your Internet browser settings determine whether you receive a warning before an Active-X Control is stored. If your network or system settings prohibit the downloading of these components then some of our services will not operate without these controls.

REFUNDS/RIGHTS TO WITHDRAW

You may cancel your agreement at any time by stopping using the service, subject to the following conditions:

• There will be no refund for any unused Storage Blocks;
• The data will be retained on the system for a period of 3 months following a period of 6 months inactivity. Once this 3 months period has expired your access to the system will be terminated.

Continental Automotive Trading UK Ltd. reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

EXCLUSION AND LIMITATION OF LIABILITY

1. Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that party or in respect of fraud or of any statements made fraudulently by that party, or arising under Part 1 of the Consumer Protection Act 1987 in respect of any defect in an Continental Automotive Trading UK Ltd. Product
2. Subject to the exception set out in paragraph 1 above and to the extent permissible by law, Continental Automotive Trading UK Ltd. will not be liable to you whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for any (whether direct or indirect): (a) loss of profit; (b) loss of revenue; (c) loss of sales; (d) loss of anticipated savings; (e) loss or corruption of data; (f) loss of contract or opportunity; (g) loss of goodwill; (h) costs incurred in modifying Continental Automotive Trading UK Ltd. Products (whether in accordance with the Software Documentation or not); (i) unreasonable costs in remedying any loss; or (j) indirect or consequential loss.
3. Subject to the exception set out in paragraph 1 above and to the extent permissible by law, in the event that Continental Automotive Trading UK Ltd. is liable to you in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise its liability shall be limited to a claim for the fees paid to Continental Automotive Trading UK Ltd. during any single consecutive 12 month period after your acceptance of this Agreement for any one event or series of connected events.
4. Any action against Continental Automotive Trading UK Ltd. must be brought within 2 years after the cause of action arises.
5. For purposes of this section, "Continental Automotive Trading UK Ltd." includes its employees, sub-contractors and suppliers.
6. You acknowledge that given the price paid for the Continental Automotive Trading UK Ltd. Products and services, the complicated nature of the software, the almost limitless number of software and hardware environment combinations into which the software might be introduced, the fact that Continental Automotive Trading UK Ltd. cannot anticipate the particular purpose for which you are using the software and the availability of insurance for any loss that the above limitations and exclusions are reasonable in all the circumstances.
7. If any provisions of this agreement are held to be invalid under any applicable statute or rule of law, they are to that extent omitted from the agreement without affecting the validity or enforceability of the remainder.
8. Neither party shall be liable for any delay in performing any of its obligations hereunder if such delay is caused by circumstances beyond the reasonable control of the party so delaying and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

DISCLAIMER OF WARRANTIES

All materials, information, software, products, and services included in or available through this site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Continental Automotive Trading UK Ltd., its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights and any analogous rights of any nature created during the provision of the Support are the property of Continental Automotive Trading UK Ltd. You hereby assign all right, title and interest in any such intellectual property rights and agree to provide any assistance that Continental Automotive Trading UK Ltd. may require to perfect its title to such rights. Nothing in this Agreement shall prevent or restrict Continental Automotive Trading UK Ltd. from using and exploiting any intellectual property rights, techniques, tools, ideas or know-how created, used or developed during the provision of the support for any purpose whatsoever. You will keep Continental Automotive Trading UK Ltd. fully indemnified against all reasonable costs, claims, expenses, judgments and liabilities suffered by Continental Automotive Trading UK Ltd. howsoever arising through infringement of third party intellectual property rights in any software or other material you have combined with the Continental Automotive Trading UK Ltd. Products when Continental Automotive Trading UK Ltd. is performing its obligations in accordance with this Agreement.

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Continental Automotive Trading UK Ltd., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Continental Automotive Trading UK Ltd. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Continental Automotive Trading UK Ltd.

CHOICE OF LAW AND JURISDICTION

This agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.

DATA PROTECTION

Both parties undertake to comply with provisions of the Data Protection Act 1998 ("the Act") in relation to the disclosure, use and storage of any personal information as defined in the Act. Your name, phone, fax number, address and E-mail address ("Your Data") will be put onto the Continental Automotive Trading UK Ltd. database and processed by us in servicing our relationship with you, including disclosure to third party outsourcers and consultants. This may include, but is not limited to, Continental Automotive Trading UK Ltd.' provision of information about the Continental Automotive Trading UK Ltd. Products and updates, notification of changes to the Support or Payment and notification that this Agreement is about to expire. By submitting your Data to us you agree to our storage, use and disclosure of that data. Unless you notify us otherwise you agree that we may use and analyse Your Data to give you information about our services which may be of interest to you. If you do not wish to be contacted for marketing purposes by us or by third parties please send an email to the following address tis-support@continental-corporation.com. You agree that for the purposes described above Your Data may be transferred to countries outside the EEA.