TERMS AND CONDITIONS OF DEALER PORTAL WEBSITE USE
This page sets out the terms and conditions of use of our dealer portal website (“our dealer portal site”). Please read these terms carefully before using our dealer portal site. By using our dealer portal site, you indicate that you accept these terms and conditions of use and that you agree to abide by them. If you do not agree to these terms and conditions of use, please refrain from using our dealer portal site.
The information and materials contained on our dealer portal site are supplied in the same format as supplied to Lotus’ authorised dealer network. It is assumed that anyone accessing information and materials contained on our dealer portal site has the relevant technical knowledge and experience together with adequate technical equipment and facilities needed to utilise the information and material contained on our dealer portal site appropriately. Should you require general information on Lotus’ products or services please refrain from using the information and materials on our dealer portal site and instead visit the main website located at www.LotusCars.com or speak to your local authorised Lotus dealer.
INFORMATION ABOUT US
http://dealers.lotuscars.com is a site operated by Group Lotus plc ("Lotus" or “We”) whose registered address is at Potash Lane, Hethel, Norwich, Norfolk, NR14 8EZ, UK.
ACCESSING OUR DEALER PORTAL SITE
Access to our dealer portal site is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on our dealer portal site without notice. We will not be liable if for any reason our dealer portal site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our dealer portal site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, access code or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user identification code or access code, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions of use.
You are responsible for making all arrangements necessary for you to have access to our dealer portal site. You are also responsible for ensuring that all persons who access our dealer portal site through your internet connection are aware of these terms and conditions, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our dealer portal site, and in the material published on it. You are only permitted to use the material published on our dealer portal site as expressly set out in these terms of use.
COPYRIGHTS
© Copyright 2010 Group Lotus plc.
All rights reserved. Any text, images, graphics, sound files, animation files, video files, and their arrangement on this website are subject to copyright and other intellectual property protection. Except as specifically set out in these terms of use, these objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. This site may also contain images that are subject to third-party copyright.
TRADEMARKS
LOTUS, the Lotus Roundel Device, model names and all associated logos and distinctive designs are trade marks of Group Lotus plc subject to trade mark and other intellectual property protection.
LICENSE OF MATERIALS
Subject to the remaining provisions of this section, you are permitted to download one copy of the materials found on this site on a single computer for personal, non-commercial internal use only, unless specifically licensed to do so otherwise by Lotus in writing or as allowed by any license terms which accompany or are provided with individual material.
You may not: (i) modify the materials or use them for any commercial purpose, or public display, performance, sale or rental; (ii) decompile, reverse engineer or disassemble software materials; (iii) remove any copyright or other proprietary notices from the materials; (iv) transfer the materials to another person. You agree to prevent the unauthorised copying or distribution of the materials contained on our dealer portal site. Software programs contained on our dealer portal site will in addition be governed by the terms of the software license that accompanies the relevant software programs.
Lotus may terminate this license at anytime if you are in breach of these terms. Upon termination you will immediately cease all use of the materials contained on our dealer portal site and expunge such materials from any computer or other device on which you have stored any copies.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our dealer portal site are not intended as advice on which reliance should be placed. We therefore disclaim any and all liability and responsibility arising from any reliance placed on such materials by any visitor to our dealer portal site, or by anyone who may be informed of any of its contents.
OUR DEALER PORTAL SITE CHANGES REGULARLY
We aim to update our dealer portal site regularly, and may change the content at any time. If the need arises, we may suspend access to our dealer portal site, or close it indefinitely. Any material on our dealer portal site may be out of date at any given time, and we are under no obligation to update such material. The material on our dealer portal site may contain errors or inaccuracies. We reserve the right to correct any errors or inaccuracies at any time without notice. We recommend you regularly check the materials on our dealer portal site to ensure you are using the latest version.
OUR LIABILITY
The material displayed on our dealer portal site is provided without any guarantees, conditions or warranties as to its accuracy or fitness for purpose. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- * All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- * Any liability for any direct loss or damage incurred by any user in connection with our dealer portal site or in connection with the use, inability to use, or results of the use of our dealer portal site, any websites linked to it and any materials posted on it.
- * Any liability for any indirect or consequential loss or damage incurred by any user in connection with our dealer portal site or in connection with the use, inability to use, or results of the use of our dealer portal site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- * loss of income or revenue;
- * loss of business;
- * loss of profits or contracts;
- * loss of anticipated savings;
- * loss of data;
- * loss of goodwill;
- * wasted management or office time; and
- * for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR DEALER PORTAL SITE
We process information about you in accordance with our privacy policy located at www.Lotuscars.com. By using our dealer portal site, you consent to such processing and you warrant that all data provided by you is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our dealer portal site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our dealer portal site, the server on which our dealer portal site is stored or any server, computer or database connected to our dealer portal site. You must not attack our dealer portal 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 dealer portal site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our dealer portal site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR DEALER PORTAL SITE
You may not link to our dealer portal site on any website whether owned/controlled by you or otherwise.
Our dealer portal site must not be framed on any other site.
If you wish to make any use of material on our dealer portal site other than that set out above, please address your request to dealerportal@lotuscars.com.
LINKS FROM OUR DEALER PORTAL SITE
Any links to other sites and resources provided by third parties 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.
JURISDICTION AND APPLICABLE LAW
The English courts will have, and you hereby submit to, exclusive jurisdiction over any claim arising from, or related to, a visit to our dealer portal site although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.
These terms and conditions of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of
England.
VARIATIONS
We may from time to time amend these terms and conditions and we reserve the right to do so without notice at any time. The amended version will be published on our dealer portal site.
YOUR CONCERNS
If you have any concerns about material which appears on our dealer portal site, please contact dealerportal@lotuscars.com or: Webmaster, Group Lotus plc, Potash Lane, Hethel, Norwich, Norfolk, NR14 8EZ, UK.
Thank you again for your interest in Lotus and your visit to our dealer portal site.