TIS‑Web® Terms and Conditions

Definitions

The following definitions apply to these Terms and Conditions:

  1. "Company" means Continental Automotive Trading UK Ltd.
  2. "Web Site" means this web site at http://vdo-tis.co.uk.
  3. "TIS‑Web" means the TIS‑Web® application software and Internet service on www.my-fis.com.
  4. "Single Day" means a day starting at 12.00 midnight and finishing at 12.00 midnight local time.
  5. "Volume Unit" means a unit by which use of the TIS‑Web service is charged. The following table defines the chargeable items for the TIS‑Web service and the charge rates.

    Item Charge / Volume Units
    A Single Day for which one or more analogue or digital tachograph charts have been added to the TIS‑Web service. A tachograph chart is assigned to the Single Day on which the activities recorded in the tachograph chart start. 1
    DTCO Driver Card archive file download. Note that a Driver Card archive file is downloaded when reading a Driver Card using the smart card reader. 1
    DTCO Vehicle Unit archive file download 1
    VDO specific data file download 10
  6. "Volume Block" is 250 Volume Units.

Acceptance Of Terms Through Use

By using TIS‑Web or the Web Site 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 TIS‑Web or the Web Site. The Company reserves the right, at its discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of TIS‑Web or the Web Site following the publication of any changes to these Terms of Use constitutes acceptance of those changes.

If you are using TIS‑Web on behalf of an organisation, you confirm that you have the authority to use the TIS‑Web application and carry out business on behalf of the organisation.

Account Operation

An account will be created for you in order that you can use TIS‑Web. Your account has an associated balance measured in Volume Units. A positive account balance means that you are in credit. You must have a positive account balance in order to use TIS‑Web. The Company will have no obligations under this Agreement if you do not have a positive account balance.

In order to use the TIS‑Web service you must buy Volume Blocks in advance. Purchase of Volume Blocks will add credit to your account balance in the form of Volume Units. Your current balance of Volume Units is available in the TIS‑Web application.

Use of the TIS‑Web service is charged by consumption. The credit in your account is consumed as you use the TIS‑Web service using the chargeable items and rates defined above.

You can order additional Volume Blocks from within the TIS‑Web application. Volume Blocks will be credited to your account once the Company has received payment.

To advise you when you should purchase additional Volume Blocks you will be given a reminder when you use the TIS‑Web application. You will be reminded to purchase additional Volume Blocks if your existing account balance is below the "Credit Reminder Limit". The default Credit Reminder Limit is 50 Volume Units. You may alter the Credit Reminder Limit for your account in the TIS‑Web application to better suit your circumstances. If your account balance is below the Credit Reminder limit you will be reminded to purchase additional Volume Blocks every time you log in to TIS‑Web.

If your account balance falls below zero then the "Grace Period" will start. An E-mail will be sent to you to advise you that your account balance is below zero and that you should purchase additional Volume Blocks. You will not be able to add data to TIS‑Web until your account balance returns to a positive value.

The Grace Period lasts 30 days. If your account balance is still below zero at the end of the Grace Period then your account will be considered to have expired. An E-mail will be sent to you advising you that the Grace Period has expired. You will be able to log in to the TIS‑Web service to order additional Volume Blocks, but all other functions will be disabled. After the Grace Period expires your data will be kept for a period of 13 months (Data Retention Period). If you have not brought your account balance into credit after the Data Retention Period expires then the Company reserves the right to remove your account and the data stored within your account without further notice.

You can re-activate your TIS‑Web account at any time during the Grace Period and the Data Retention Period by the purchase of additional Volume Blocks to bring your account balance into credit.

Defunct Accounts

If your TIS‑Web account is not used for a period of 13 months the Company will attempt to contact you. The Company will attempt to contact you at your last known E-mail address or last known telephone number. If the Company cannot contact you within a period of 30 days then your account will be considered defunct. If your account is defunct the Company reserves the right to remove your account and all the data stored within your account without further notice. No refunds for unused account credit will be given for defunct accounts.

Data Retention

By using TIS‑Web you download tachograph data to secure storage. Tachograph chart data is stored for a period of 13 months. Driver card and digital tachograph vehicle unit files are stored for a period of 25 months. Data with a timestamp older than these limits is automatically removed.

Credentials

When your TIS‑Web account is established you will be given a set of credentials to access the TIS‑Web service. These credentials consist of an Account ID, User Name and a Password.

You are responsible for all use of the TIS‑Web services made using your credentials, whether or not the use is made by you, or someone else using your credentials. You are responsible for protecting and securing your credentials from unauthorised use. If at any time you believe your credentials are being used by unauthorised persons please use the facilities provided to change your password and / or contact the Company.

Support Function

The Company will provide telephone or E-mail technical support in response to your enquiries relating to:

  1. The TIS‑Web service that is available on the web site www.my-fis.com;
  2. Basic functionality of the TIS‑Web application as described in the online software documentation supplied within the TIS‑Web application.

You acknowledge that due to the multiple hardware and software environments in which the TIS‑Web service may be used the Company cannot guarantee that every enquiry or connectivity issue between third party services, service providers, hardware or software will be resolved. Subject to and in accordance with these Terms and Conditions the Company’s 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 Function Availability

The Company will provide the Support Function on business weekdays between the hours of 8.30am and 4.45pm (United Kingdom local time). Support will not be provided on public holidays or where the Company reasonably determines (in its sole discretion) that systems and server maintenance is necessary.

Support may be provided by E-mail or by telephone. Telephone support may be charged 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 support material available from the TIS‑Web service and the product documentation cannot answer the query.

The company reserves the right to limit each telephone call to one single support issue or question and to a maximum duration of thirty minutes (an "Incident"). The Company further reserves the right to limit support to 10 Incidents per calendar year.

The Company may choose not to provide support where it reasonably determines (in its sole discretion) that:

  1. Your enquiries relate to business practice, application consulting or training;
  2. Your use of the TIS‑Web service is outside that set out in the software documentation;
  3. Your use of the support facility is excessive, abusive or fraudulent.

International Use

The company makes no representation that materials on the Web Site or the TIS‑Web service and application are appropriate or available for use in locations outside the European Union. Those who choose to use the TIS‑Web service and application from locations outside the European Union do so at their own risk and initiative and are responsible for compliance with local laws.

Cookies

A cookie is a small package of data which is placed on your computer by a web site or web application such as TIS‑Web. The Web Site and the TIS‑Web application use cookies to store a small amount of data on your computer as part of their normal operation. The data stored includes your Account ID and User Name so that you do not need to enter these items every time you sign on to TIS‑Web (your password is never stored in a cookie). The date and time for the archive retrieval functionality is also stored in a cookie.

In order for the Web Site and the TIS‑Web application to operate correctly "session cookies" are used. These cookies are similar to the cookies described above but the difference is that they are not stored permanently on your computer. These cookies exist within your Internet browser session and are destroyed when your browser is closed. If you block session cookies then you will not be able to use TIS‑Web or the full functionality of the Web Site.

By using the Web Site or the TIS‑Web application you give consent for the Web Site and the TIS‑Web application to place cookies on your computer which are required for the normal operation of the Web Site and TIS‑Web.

The Web Site may utilise Google Analytics™ and/or Google Webmaster Tools™ to collect information about how visitors use the Web Site in order to improve web site operation, navigation and features provided. Cookies are used to store this information. No personally identifiable information is stored in these cookies. The following list defines the names of the cookies used:

  • __utma
  • __utmb
  • __utmc
  • __utmz

Please be aware that Google may change the cookies they use at a future date. As we become aware of changes they will be posted on this web site.

Client Software

In order for you to be able to enter data into TIS‑Web from various devices and to be able to print reports software has to be installed on your computer. This software is referred to as "Client Software".

If you are using the Microsoft® Internet Explorer® web browser the Client Software takes the form of a number of individual software components which utilise the Microsoft® ActiveX® technology. This Client Software is installed automatically when you enter the TIS‑Web application. For the installation to be successful a user with administrative privileges needs to be logged on to your computer. After installation has been completed the TIS‑Web application can be used by a user with normal user privileges.

If you are unable to use the automatic installation method described above please contact the Company for an installation application which can be used by an IT administrator to deploy the Client Software for Microsoft® Internet Explorer® separately.

If you are using the Mozilla® Firefox® or Google Chrome™ Internet browsers a separate client software package needs to be installed on your computer. This software package is the TIS Client Communications Service. This package needs to be installed by a computer administrator. This package can be downloaded from within the TIS‑Web service by selecting Help followed by Download and then TIS Client Communication Service.

If you do not install the Client Software you will not be able to enter tachograph data into TIS‑Web or print reports. The printing of reports is only available when using the Microsoft® Internet Explorer® browser.

The TIS‑Web application and service will be upgraded from time to time. This will sometimes require the installation of newer or additional Client Software. The Company is under no obligation to keep earlier versions of the TIS‑Web service in operation for those customers who wish to restrict the installation and upgrade of this Client Software.

Exclusion and Limitation of Liability

  1. Under no circumstances shall the Company, its subsidiaries or its licensors be liable for any direct, indirect punitive, incidental, special or consequential damages that result from the use of, or inability to use TIS‑Web. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis even if the Company has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages the company’s liability in such jurisdictions shall be limited to the extent permitted by law.
  2. Nothing in these Terms and Conditions 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 a Company product.
  3. Subject to the exception set out in paragraph 2 above and to the extent permissible by law, the Company 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 Company products (whether in accordance with the software documentation or not); (i) unreasonable costs in remedying any loss; or (j) indirect or consequential loss.
  4. Subject to the exception set out in paragraph 2 above and to the extent permissible by law, in the event that the Company 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 the Company during any single consecutive 12 month period after your acceptance of these Terms and Conditions for any one event or series of connected events.
  5. Any action against the Company must be brought within 2 years after the cause of action arises.
  6. For purposes of this section, "the Company" includes its employees, sub-contractors and suppliers.
  7. You acknowledge that given the price paid for the TIS‑Web service, 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 the Company 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.
  8. 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 these terms and conditions without affecting the validity or enforceability of the remainder.
  9. 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 TIS‑Web or the Web 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. The Company, its subsidiaries and its licensors do not warrant that the content is accurate, reliable or correct; that the Web Site or TIS‑Web 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 the Web Site or TIS‑Web services 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 Function are the property of the Company. You hereby assign all right, title and interest in any such intellectual property rights and agree to provide any assistance that the Company may require to perfect its title to such rights. Nothing in these Terms and Conditions shall prevent or restrict the Company from using and exploiting any intellectual property rights, techniques, tools, ideas or know‑how created, used or developed during the provision of the Support Function for any purpose whatsoever. You will keep the Company fully indemnified against all reasonable costs, claims, expenses, judgments and liabilities suffered by the Company howsoever arising through infringement of third party intellectual property rights in any software or other material you have combined with the Company products when the Company is performing its obligations in accordance with these Terms and Conditions.

You acknowledge and agree that all content and materials available on the Web Site and TIS‑Web service are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by the Company 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 the Web Site or TIS‑Web service 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 the Web Site or TIS‑Web to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Web Site or TIS‑Web is strictly prohibited without the express written permission of the Company.

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, postal address and E-mail address ("Your Data") will be put onto the Company 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 the Company’s provision of information about the Company’s products and updates, notification of changes to the Support Function or Payment and notification that these Terms and Conditions are 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 uk@vdo.com. You agree that for the purposes described above Your Data may be transferred to countries outside the European Economic Area.

In addition to the personal information stored and used in servicing our relationship with you, the TIS‑Web service allows you to store the following personal information regarding drivers and their use of vehicles:

  1. Driver Name
  2. Optional data including driving licence details, birth date, telephone numbers, gender
  3. Driver activities and planned events
  4. Vehicle registration mark and identification number

By using TIS‑Web you confirm that you have satisfied the requirements of the Data Protection Act with regard to your use of the personal data for drivers and their use of vehicles as defined above and for the storage and processing of this data using TIS‑Web. You also confirm that you have consent for this personal data to be transferred to countries outside the European Economic Area and to for disclosure to third party outsourcers and consultants for the purposes of TIS‑Web service development, improvement and problem investigation.

You agree that we can use the data stored by you on the TIS‑Web service in an aggregated and anonymous form for the purposes of providing statistical and benchmarking services.

Miscellaneous Provisions

To provide increased value to our customers we may provide links to other web sites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter the linked web site the Company is not responsible for the availability of such external web sites or resources and the company does not review or endorse and is not responsible or liable, directly or indirectly for (i) the privacy practices of such web sites, (ii) the content of such web sites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. The provision of such links to external web sites does not imply endorsement of the web site by the Company or any association with any of our distributors or partner companies.

You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by the Company.

The Company reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.

No delay or failure by the Company to exercise any powers, rights or remedies under these Terms and Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of the Company.

These Terms and Conditions including the documents or other sources referred to in these Terms and Conditions supersede all prior representations understandings and agreements between you and the Company relating to the use of the Web Site and TIS‑Web and sets forth the entire agreement and understanding between you and the Company for your use of the Web Site and TIS‑Web.

Effective Date: 10th May 2014

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