Acceptable Use Policy
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
This Acceptable Use Policy sets out the terms between you and us under which you may access and use [http://www.independenttrucks.eu] (including any websites that resolve to this website, such as [independenttrucks.eu/eu, independenttrucks.eu/en] (the “Sites"), including when you set up an online account with us. This Acceptable Use Policy applies to all users of, and visitors to, the Sites.
This Acceptable Use Policy also set out how you may interact with us on our official social media accounts (including without limitation our accounts on Facebook, Twitter, Instagram, Snapchat and YouTube) ("Social Media"). Interacting with our Social Media shall include, without limitation, joining our official brand groups via the Sites, following us, "liking", "retweeting" our Social Media content, writing a comment in relation to a page, or submitting a contribution (defined below).
Your use of the Sites and interaction with our Social Media facilities means that you accept, and agree to abide by, all the terms in this Acceptable Use Policy. If you do not agree to these terms, you must not use the Sites.
The Sites are operated by [Shiner Ltd, a limited company registered in England and Wales (we or us). Our company registration number is  and our registered office is at [1700 Park Ave, Aztec West, Bristol, BS32 4UA].
To contact us about this Acceptable Use Policy, please telephone our customer service team on [0330 202 1062] or write to us at [firstname.lastname@example.org].
We recommend that you print a copy of these terms for future reference.
- You shall use the Sites only for lawful purposes. You shall not use the Sites:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors or vulnerable people in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Sites;
- any equipment or network on which the Sites are stored;
- any software used in the provision of the Sites; or
- any equipment or network or software owned or used by any third party.
We may make changes to the Sites
- We may update and change the Sites from time to time; for example, changes to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw the Sites
- The Sites are made available free of charge.
- We do not guarantee that the 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 the Sites at any time for business and operational reasons.
- You are also responsible for ensuring that all persons who access the Sites through your internet connection are aware of this Acceptable Use Policy and other applicable terms and conditions, and that they comply with them.
[Our site is only for users in the UK and Europe]
- The Sites are directed to people residing in the United Kingdom and Europe. We cannot confirm that content available on or through the Sites is appropriate for use or available in other locations.]
- These content standards apply to any and all material which you contribute or upload to or through the Sites and to any interactive services associated with it (if any) (contributions).
- This Acceptable Use Policy applies to each part of any contribution as well as to its whole.
- Contributions must:
- Be accurate (where they state facts);
- Be genuinely held (where they state opinions); and
- Comply with applicable law in the UK and in any country from which they are posted or intended to be received.
- Contributions must not:
- Contain any material which is defamatory of any person;
- Contain any material which is obscene, offensive, hateful or inflammatory;
- Promote sexually explicit material;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, copyright, database right, trade mark, service mark or design (whether registered or not) of any other person;
- Be likely to deceive any person;
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Promote any illegal activity;
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person;
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Give the impression that they emanate from us, if this is not the case; or
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
How you may use material on the Sites
- We are the owner or the licensee of all intellectual property rights in the Sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You must not use any part of the content on the Sites without obtaining a licence to do so from us or our licensors.
- Without prejudice to any other rights or remedies which we may have under law or the terms of this Acceptable Use Policy, if you print off, copy or download any part of the Sites in breach of this Acceptable Use Policy, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
User-generated content is not approved by us
- The Sites may include information and materials uploaded on social media platforms by other users of the Sites, including messages or images. This information and these materials have not been verified or approved by us. The views expressed by other users and uploaded onto the Sites do not represent our views or values.
- If you wish to complain about information and materials which is based on user-generated content please contact us on [email@example.com].
Uploading content to or through the Sites
- Whenever you make use of a feature that allows you to upload content to the Sites, or to make contact with other users of the Sites, you must comply with the content standards set out in this Acceptable Use Policy.
- By submitting a contribution, you waive all resale rights, performance and moral rights in the contribution, including without limitation your right to be attributed to the contribution and the right to object to the derogatory treatment of the contribution.
- You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any content you upload to the Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in Rights you are giving us to use material you upload section below.
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Sites constitutes a criminal offence, violation of intellectual property rights, or of their right to privacy.
- We have the right to remove any posting you make on or through the Sites if, in our opinion, your post does not comply with the content standards set out in this Acceptable Use Policy.
- You are solely responsible for securing and backing up your content.
- Photo guidelines:
- Photos uploaded to the Sites must comply with the following:
- images must be in BMP, PNG, GIF or JPEG format;
- file size must be 5 MB or less;
- image must be at least 100 pixels tall; and
- image must be at least 100 pixels wide.
- We do not guarantee that your contribution will be published. We reserve the right to change, condense or delete any contribution for any reason.
- We will not be responsible, or liable to any third party, for the content or accuracy of any contribution posted by you. You will be responsible and liable for any loss or damage we suffer as a result of your contribution.
- The views expressed by other users do not represent our views or values.
- You are solely responsible for securing and backing up your contributions.
- You must not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any other user of the Sites.
- You must have the permission of all individuals named, featured or otherwise identifiable in your contribution (whether in a photo, video or otherwise named or referenced).
- Your contribution must be your own work and not copied from any works created by other people.
- You must only upload photos and videos you have taken yourself or which you otherwise have the licence, consent or right to use in your contribution. You must ensure that any third-party owner of the relevant photos or videos understand how you wish to use your contribution.
- Reviews relating to products should relate to the products and therefore photos and images should show the product and/or your use of the product.
- You must not write about customer service, contact us instead if you have issues requiring immediate attention.
- You must not mention competitors or the specific price you paid for the product.
- You must be aged over 16 to make a contribution. If you are aged under 18 you must have the permission of your parent/guardian to make a contribution.
Rights you are giving us to use material you upload
- When you upload or post content to the Sites, you grant us the following rights to use that content:
- A worldwide, non-exclusive, assignable, sub-licensable, irrevocable, perpetual, royalty-free, licence to use, store, reproduce, print and copy that content and to distribute and make it available to third parties; and
- A worldwide, non-exclusive, assignable, sub-licensable, irrevocable, perpetual, royalty-free licence to our PR agency (as nominated by us from time to time), website providers and any other third parties which may require the need to use material uploaded by you via the website or any social media platform to satisfy our obligations to you, run or post messages/images onto the Sites, our Social Media and/or produce the products provided to you or someone you request.
Do not rely on information on the Sites
- The content on the 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 from a qualified practitioner before taking, or refraining from, any action on the basis of the content on the Sites.
- Although we make reasonable efforts to update the information on the Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites is accurate, complete or up to date.
We are not responsible for websites we link to
- Where the Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- We have no control over the contents of those sites or resources.
- Please check the terms and conditions on other sites, Social Media providers and resources provided by third parties carefully in order for you to assess the impact of these sites and/or resources.
Our responsibility for loss or damage suffered by you
- 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.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of products to you, which will be set out in our Customer Terms and Conditions [Terms and Conditions].
- We are not liable for business losses. We only provide the Sites for domestic and private use. You agree not to use the Sites for any commercial or business purposes. If you use the Sites for any commercial or business purpose we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on them, whether expressed or implied.
- 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, the Sites, or use of, or reliance on any content displayed on the Sites.
- 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 the Sites or to your downloading of any content on the Sites, or on any website linked to the Sites.
We are not responsible for viruses. You should use your own virus protection software.
- We do not guarantee that the Sites will be secure or free from bugs, viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
You are responsible for configuring your information technology, computer programmes and platform to access the Sites.
- You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites. You must not attack the Sites 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 and/or the Police and Justice Act 2006. 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 the Sites will cease immediately.
[Our trade marks are registered]
- "[Independent Trucks Company]" is a registered trade mark. You are not permitted to use it without our approval.]
Rules about linking to the Sites
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to the Sites in any website that is not owned by you.
- The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the home page.
- We reserve the right to withdraw linking permission without notice.
- If you wish to link to or make any use of content on the Sites other than that set out above, please contact [firstname.lastname@example.org].
Online Customer Account
- The Sites allow for you to create an online customer account with us. To set-up a customer account, we will require an email address and the creation of a password. For more information about how you may use your customer account to place an order with us, please see our Customer Term and Conditions. [Terms and Conditions].
- You must regularly review the details provided in your customer account and change any details where your circumstances change, e.g. your address, email address or name. It is your responsibility to ensure these details are kept accurate and up to date. It is important your details are kept accurate and up to date to ensure we can tailor our services to you and ensure our service is as efficient as possible for you; for example, we will use your details to pre-populate fields during the checkout process when you are logged in and purchasing a product from us on the Sites.
- It is important, and you must ensure, the details provided are personal to you (and not anyone else); for example, you must not, provide a generic email address (e.g. email@example.com), or an email address that is used by another person.
- You must also treat the information in your customer account as confidential information. You must in no circumstances, disclose your password to any other person. If you know or suspect that another person has access to your password, you must change your password immediately or contact us for further assistance.
- Your customer account will include your personal details and order history where you have purchased products from us, after signing into, or creating, a customer account ("Account Details"). You must always log out of your customer account after you have finished. This will prevent unauthorised persons from accessing your Account Details.
- We reserve the right to close/suspend/disable your customer account at any time and in any circumstances, including but not limited to, breach of this Acceptable Use Policy.
- The information about you that may be collected when you interact with us on the Social Media may include without limitation your name, your user profile, your age, your preferences, choices and viewpoints with regards to the topic or subject matter of the relevant Social Media page, your photos, the images and your videos.
- Your Interaction with us on the Social Media may also involve you submitting a photo or video of you ("Your Image").
- Please let us know if at any time you wish us to stop interacting with you on the Social Media or stop any of your information on the Social Media by contacting us at the details set out below.
- You may be able to log into the Social Media via the Sites through "share" or other buttons. By logging into the Social Media through this service we can make your experience on the Site richer and more personalised. As part of said service, these Social Media facilities will provide us with access to certain information you have provided to said Social Media . We enable these features merely as a convenience, therefore integration and inclusion of such features does not imply our endorsement or recommendation.
Intellectual Property Rights
- The intellectual property rights in the Sites (including without limitation the content and software used in and on the Sites), remains our property or the property of the licensors (as applicable). These rights are protected by copyright, treaties and laws around the world and are expressly reserved.
- Any use of the Sites, including without limitation copying, storing in whole or in part, for a commercial use is prohibited without our prior written permission.
- You may print off one copy, and may download extracts, of any page(s) from the Sites for your personal use.
- As part of our agreement, you must commit to not do the following:
- use any part of the content on the Sites for commercial purposes without obtaining a licence to do so from us;
- modify the paper or digital copies of any materials you have printed off or downloaded from the Sites in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or content which is provided on the Sites;
- modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by us or our licensors on the Sites;
- use or otherwise reproduce the "[Independent Trucks]" name and/or logos (or any marks which are colourably similar) without our prior written consent;
- Our status (and that of any identified contributors), as the authors of content of the Sites must always be acknowledged;
- Your Interaction with us on the Social Media may involve you submitting content, a photo or video of you ("Your Content"). By Interacting with us on the Social Media, you hereby grant us a non-exclusive, transferable, royalty-free, worldwide licence to use Your Content on the Social Media and on other sources, notified to you on the relevant Social Media page. This includes without limitation a licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content (or any part of Your Content) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Use may also include sharing Your Content with trusted third parties; and
- If you print off, copy or download any part of the Sites in breach of this Acceptable Use Policy, your right to access and use the Sites will cease immediately and you must, at our request return or destroy any copies of the materials you have made.
Suspension and termination
- We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Sites. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
- Failure to comply with this Acceptable Use Policy constitutes a material breach and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Sites;
- Immediate, temporary or permanent removal of any contribution, posting or material uploaded by you to or through the Sites;
- Cancel any confirmed or pending order which you have made with us in accordance with our Customer Terms and Conditions which can be found at [Terms and Conditions];
- Issue a warning to you;
- Commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you; or
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
- We may revise this Acceptable Use Policy at any time by amending this document. You are expected to check this document from time to time, to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Sites from time to time.
Governing Law and Jurisdiction
- Please note that this Acceptable Use Policy, its subject matter and formation, are governed by English law. You and we both agree that the courts of England shall have exclusive jurisdiction to settle any claim, dispute or matter of difference which may arise out of, or in connection with this Acceptable Use Policy or its subject matter or its formation (including non-contractual disputes or claims).
Last Updated: July 2020.