EXTRANET TERMS AND CONDITIONS

These Terms of Use govern Your access to and use of the Online Services made available to You through the Extranet. Please read them carefully before confirming Your acceptance of them.

1. Defined Terms

1.1   Unless otherwise indicated in these Terms of Use, the following words shall have the following meanings:

Administrator a Company Administrator or a Site Administrator, as applicable;

Applicable Laws and Regulations all laws, rules, regulations, guidance, voluntary code, or standards applicable to You or LABC Warranty (as applicable) in relation to the provision or use of, or access to, the Extranet or the Online Services as may be applicable from time to time whether imposed by law or any regulatory body or other authority having authority over You or LABC Warranty (as applicable);

Company Administrator a person who has been granted authority by LABC Warranty in accordance with these Terms of Use to:

(a) access the Extranet and use the Online Services; and

(b) grant, maintain, restrict and suspend access to the Extranet for Permitted Users working within the same organisation;

Equipment the computer, software, modem or telephone used by You to access the Extranet and the Online Services;

Hosting Services the hosting servicesLABC Warranty provides to allow You to access the Extranet and use the Online Services;

Intellectual Property Rights all and any patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, copyright, database rights, moral rights or know-how existing in the Extranet and/or the Online Services whether registered or not and including any applications for registration or similar forms of protection anywhere in the world;

Log In Details Your log in details required for You to access the Extranet and use the Online Services;

Loss any loss or liability, damages, costs, claims, expenses and/or any other damage howsoever arising whether directly or indirectly including but not limited to loss of business, loss of opportunity, loss of goodwill, loss of profit, loss of income or revenue, loss of anticipated savings, or loss of, damage to, or corruption of software or of data;

Extranet the secure website provided by LABC Warranty which is accessible only by Permitted Users and which hosts the Online Services;

LABC Warranty MD Insurance Services Ltd. is the Scheme Administrator for LABC Warranty. MD Insurance Services Ltd. is authorised and regulatedby the Financial Conduct Authority. MD Insurance Services Ltd. is registered in England No: 3642459.

LABC Warranty Logo the LABC Warranty logo including any words or images connected with it as it may appear from time to time on the Extranet;

Online Services those services provided by LABC Warranty from time to time which are accessible via the Extranet;

Permitted User either:

(a) a person who has been granted authority by LABC Warranty in accordance with these Terms of Use to access the Extranet and use the Online Services; or

(b) a person who has been granted access to the Extranet by an Administrator in accordance with these Terms of Use;

Site Administrator a person who has been granted authority by LABC Warranty in accordance with these Terms of Use to:

(a) access the Extranet and use the Online Services; and

(b) grant access to the Extranet for Permitted Users so that said Permitted Users may collaborate on websites that the Site Administrator has access to and to maintain, restrict and suspend access to the Extranet for said Permitted Users;

Software the Software provided by LABC Warranty or LABC Warranty suppliers which enables You to access the Extranet and use the Online Services; and

You a Permitted User or Administrator (as applicable) accessing the Extranet and using the Online Services and “Your” shall have a corresponding meaning.

1.2 The headings in these Terms of Use are for convenience only and shall not affect interpretation of these Terms of Use.

1.3 Any reference in these Terms of Use to any statute shall include references to any statutory modification or consolidation of it or any re-enactment that supersedes it from time to time and to any regulation or subordinate legislation made under it (or under such a modification, consolidation or re-enactment).

1.4 The expression “including” and similar expressions are not words of limitation.

  1. Authority and Licence to Use the Online Services

2.1 LABC Warranty authorises You to access the Extranet and use the Online Services upon the terms and conditions set out in these Terms of Use. These Terms of Use shall become effective once You have confirmed Your acceptance of them.

2.2 In consideration of Your acceptance of these Terms of Use, LABC Warranty hereby grants You, on the terms and conditions of these Terms of Use, a non-exclusive, non-transferable licence to access the Extranet by accessing the Software through the Hosting Services and to use the Online Services.

2.3 These Terms of Use, once accepted, shall govern all access to the Extranet and use of the Online Services.

2.4 LABC Warranty may vary these Terms of Use from time to time. If LABC Warranty varies these Terms of Use, You will be notified that the Terms of Use have changed when You next access the Extranet and You will be required to accept the new terms of use before using the Online Services.

2.5 LABC Warranty does not warrant the accuracy, completeness or suitability for any particular purpose of any material accessible via the Extranet, nor does LABC Warranty warrant that any such material will be up to date or regularly updated. LABC Warranty may at any time and on any grounds decline access to the Extranet or any part of it, and/or suspend or withdraw the Extranet or any part of it, without notice. LABC Warranty offers no guarantee for the continued availability of the Extranet, nor shall LABC Warranty be liable for any consequences of not being able to access the Extranet.

2.6 LABC Warranty reserves full rights of editorial control over the content of the Extranet and all material accessible via the Extranet and reserves the right in LABC Warranty's absolute discretion to add, amend and/or delete any such material, at any time and without prior warning, whether the material is made available by LABC Warranty or by You.

2.7 You acknowledge that the Extranet does not provide a document storage or back-up facility and that You should ensure that You retain back-up copies of all material uploaded to the Extranet.

2.8 LABC Warranty makes no commitment to providing the Online Services for any set duration of time and may decide to suspend or withdraw the Online Services for any reason at any time. This will not affect any legal rights or obligations which may already have arisen.

  1. Users

3.1 Unless given access otherwise by LABC Warranty, the Extranet and the Online Services are only available topersons who have a genuine business need to access the Extranet and use the Online Services.

3.2 if You are accessing the Extranet and using the Online Services as an Administrator, You undertake to LABC Warranty that You:

(a) will treat Your Administrator Log In Details in the strictest of confidence and never disclose Your Administrator Log In Details to anyone else;

(b) will only grant access to the Extranet to a person if that person has a genuine business need to access the Extranet and make use of the Online Services;

(c) will ensure that You monitor on an ongoing basis who is set up as a Permitted User and that You suspend access promptly as soon as a Permitted User no longer has a business need to access the Extranet and use the Online Services;

(d) when requested to do so by LABC Warranty, provide LABC Warranty with such reasonable information in respect of access to the Extranet by Permitted Users set up by you; and

(e) will suspend access for any Permitted User with immediate effect if requested to do so by LABC Warranty.

3.3 if You are accessing the Extranet and using the Online Services as a Company Administrator,  You further undertake to LABC Warranty that You:

(a) will communicate Your role as Company Administrator to those within Your organisation;

(b) will notify LABC Warranty immediately by email to extranet@labcwarranty.co.uk if You cease to work for Your  organisation;

(c) will suspend, with immediate effect, access for a Permitted User upon said Permitted User leaving Your organisation and sooner if You believe that said Permitted User no longer has a genuine business need to access the Extranet and use the Online Services.

3.4 LABC Warranty reserves the right to change, suspend or withdraw Administrator access to the Extranet or the Online Services at any time if it has concerns over how an account is being used. If such action is necessary LABC Warranty will endeavour to give You prior notice but cannot guarantee that circumstances will allow this.

3.5 LABC Warranty makes no representation or warranty, express or implied regarding the efficiency, quality or accuracy of the Administrator facility, nor whether the Administrator facility will achieve the intended purpose. LABC Warranty will not be liable for any Loss that may result from Your use of the Administrator facility or from access to information by means of the Administrator facility, any use of the Administrator facility and its consequences being at Your sole risk.

  1. Use of Online Services

4.1 Technological changes from time to time may make Your Equipment obsolete or otherwise unsuitable to be used to access the Extranet or use the Online Services. You will be solely responsible for providing, updating, or replacing any part of the Equipment and for any telecommunication and other related costs. LABC Warranty makes no warranty as to the suitability or otherwise of the Equipment, which is Your responsibility alone. LABC Warranty reserves the right to change the Online Services at any time. This may require You to have to update or replace the Equipment.

4.2 If You experience any difficulty accessing the Extranet or using the Online Services, please contact LABC Warranty using the email address extranet@labcwarranty.co.uk.

4.3 You may copy electronically and print such information as You access via the Online Services provided You have a genuine business need to have a record of such information.

4.4 It will be Your responsibility to carry out virus checks on any software You use to access the Online Services. In addition, You are solely responsible for checking for viruses and malware in any files that You upload to or download from the Extranet. LABC Warranty accepts no liability for any loss or damage caused by any such viruses or malware.

4.5 You are not authorised to post on or transmit to or from the Extranet any unlawful, threatening, offensive, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

  1. Intellectual Property

5.1 All Intellectual Property Rights in the LABC Warranty Logo belong to LABC Warranty absolutely.

5.2 Nothing in the access to the Extranet and/or the use of the Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the LABC Warranty Logo without LABC Warranty’s prior written permission. The name of LABC Warranty or the LABC WarrantyLogo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Extranet, without the prior written permission of LABC Warranty.

5.3 Other than the Intellectual Property Rights in the LABC Warranty Logo (which belong to LABC Warranty absolutely) and excluding any Intellectual Property Rights in any material uploaded to the Extranet by You (which are covered in clause 5.4 below), any other Intellectual Property Rights in or related to the Extranet and/or the Online Services belong to and shall remain the property of either LABC Warranty or such other third party as has granted use of such Intellectual Property Rights to LABC Warranty and nothing in these Terms of Use shall grant, assign or transfer any Intellectual Property Rights in or related to the Extranet and/or the Online Services to any Permitted User or Administrator.

5.4 You hereby grant a licence to LABC Warranty in respect of all material uploaded to the Extranet by You and You agree to indemnify and hold LABC Warranty harmless against all claims, demands, actions, costs and expenses which LABC Warranty and/or any of its subsidiaries may incur as a result of any third party claim that the use by LABC Warranty of any such material infringes that third party's Intellectual Property Rights and/or other rights.

5.5 If any third party trademarks and service marks are referred to on the Extranet, such marks are the property of their identified owners.

5.6 The Extranet may include links to websites and/or services owned and/or operated by other companies, including trusted third parties. These are provided for Your convenience only. LABC Warranty is not responsible for and does not give any warranties or make any representations regarding any such websites and/or services.

5.7 LABC Warranty reserves the right to terminate a link to a third party service or website at any time. The fact that LABC Warranty may provide a link to a third party service or website does not necessarily mean that LABC Warranty endorses, authorises or sponsors that website, or that LABC Warranty is affiliated with the third party owners or sponsors.

5.8 You may print a copy of the information contained herein solely for business use. Subject to the provisions of clause 4.3, You may not copy, publish, distribute, reproduce and/or create any derivative works from the information on the Extranet. You may not redeliver any of the content or the pages, text, images or the content of the Extranet using “framing” or similar technology.

  1. Security

6.1 To access the Extranet and use the Online Services, You will require Log In Details.

6.2 You must:

(a) treat Your Log In Details in the strictest of confidence and not disclose Your Log In Details to anyone else other than LABC Warranty;

(b) if You have reason to believe Your Log In Details may be known to someone else or if You think there has been any unauthorised access to the Extranet using Your Log In Details then You must immediately:

  1. change Your password; and
  2. notify LABC Warranty by sending an email to extranet@labcwarranty.co.uk or by contacting us by telephone using such contact number as may be shown from time to time on LABC Warranty’s website at www.labcwarranty.co.uk;and

(c) not let anyone else access the Extranet using Your Log In Details.

6.3 You will indemnify LABC Warranty for any Losses which may be suffered by LABC Warranty arising from any failure by You to comply with this clause 6.

6.4 LABC Warranty shall not be liable to You or any third party in the event of any unauthorised access being gained to Your account a result of Your failure to comply with this clause 6.

6.5 LABC Warranty reserves the right to suspend Your access to the Extranet at any time, if in LABC Warranty opinion, You have failed to comply with the provisions of these Terms of Use.

6.6 At its sole discretion, LABC Warranty may bar the use of Your Log In Details from time to time due to security or other concerns or for general administration purposes. LABC Warranty will endeavour to inform You as soon as reasonably possible of any such action.

6.7 As part of the security processes for access to the Extranet and use of the Online Services, encryption technology will be used.

6.8 The Online Services are a discretionary service made available to You by LABC Warranty. LABC Warranty will not be liable to You for any Loss You suffer as a result of not being able to access the Extranet or the Online Services.

6.9 You acknowledge, understand and agree that use of the internet might not be secure, and You accept the risk that unauthorised persons might be able to intercept or access information transmitted through the internet. Any emails sent by LABC Warranty to You via the Extranet may not be secure and LABC Warranty does not guarantee that any such email will remain private or unaltered.

  1. The Services LABC Warranty Provides

7.1 You should check any information You access via the Online Services and notify LABC Warranty using the email address extranet@labcwarranty.co.uk as soon as possible if You believe You have become aware of any errors in the information You have accessed.

7.2 You must notify LABC Warranty immediately if You experience any failure, delay or error in the Online Services.

7.3 You acknowledge that:

(a) no information accessed via the Extranet constitutes advice and that You will not treat any of the content of the Extranet and/or the Online Services as such;

(b) some of the information which may be referred to on the Extranet and/or in the Online Services from time to time may not be tailored for individual use and may not be suitable for You or any third party; and

(c) LABC Warranty accepts no responsibility for Your compliance with any Applicable Laws and Regulations and at no time are You permitted to rely upon any information provided on the Extranet and/or in the Online Services as fulfilling any responsibility You have for compliance with Applicable Laws and Regulations.

7.4 LABC Warranty may provide You with a number of tools on the Extranet. LABC Warranty does not accept any responsibility for any action You may take as a result of using these facilities.

  1. Confidentiality and Personal Data

8.1 In using the Online Services, You must ensure that You have the right to disclose any personal information disclosed by You to LABC Warranty. It is Your responsibility to ensure that in using the Online Services, You apply the same standards of privacy and confidentiality to any copies of such information which You access or print from the Extranet as You would ordinarily apply in Your organisation to any such personal information.

8.2 In providing the Online Services, LABC Warranty may process personal information provided by and/or about You. Any such processing will be necessary for the purpose of providing the Online Services. Access log in information (such as the identity of the individual who has logged in and the activity performed) and an audit of data changes may also be processed. By using the Online Services, You consent to such processing and You warrant that all data provided by You is current and accurate.

8.3 LABC Warranty may disclose Your personal information toLABC Warranty’s suppliers where this is necessary for them to assist LABC Warranty in its provision of the Online Services. LABC Warranty will retain any such personal data for as long as necessary to meet its legal and regulatory obligations.

8.4 In order to provide the Online Services to You it may be necessary to transfer personal information for processing outside the European Economic Area (“EEA”) to countries where the level of protection for personal data may not be same as within the EEA. Your agreement to these Terms of Use constitutes Your consent to any such transfer.

  1. Cookies

LABC Warranty sets two cookies on Your computer in order to ensure that Your access to the Extranet is secure. LABC Warranty may also use Google Analytics in order to assist in the collection of visitor statistics, which will typically set up to four cookies on Your computer. LABC Warranty may also set other cookies and for sales, marketing and intelligence purposes from time to time. By accessing the Extranet, You consent to LABC Warranty’s use of cookies as aforesaid.

  1. Liability

10.1 LABC Warranty makes no warranty or representation that the Extranet and the Online Services can be accessed at all times. The Online Services may be temporarily unavailable or restricted for administrative or other reasons and LABC Warranty does not accept any responsibility and will not be liable for any Loss You suffer arising out of or in connection with loss of use of the Extranet or the Online Services.

10.2 Maintenance of the Extranet and the Online Services may be performed at any time but LABC Warranty will endeavour to conduct such maintenance outside business hours.

10.3 You acknowledge that Your uninterrupted access to the Extranet and use of the Online Services may also be prevented by certain factors outside LABC Warranty’s direct control (a “Service Disruption Event”) including the failure, inefficiency or unsuitability of Your Equipment, default by Your internet service provider and the unavailability, failure or interruption of the Internet.

10.4 LABC Warranty does not accept any responsibility and will not be liable for any Loss arising out of or in connection with any Service Disruption Event.

10.5 The Extranet and the Online Services are provided “as is” and LABC Warranty does not warrant or guarantee that the Extranet and the Online Services are error or virus free or free of other harmful components.

10.6 LABC Warranty does not accept any responsibility and will not be liable for the inaccuracy or incompleteness of any information received by You or by LABC Warranty through the Online Services which arises out of or in connection with data transmission or Your Equipment not meeting appropriate technological requirements.

10.7 You take full responsibility for all information provided toLABC Warranty and LABC Warranty will not be liable to You for any Loss which originates from inaccurate information provided by You.

10.8 LABC Warranty shall not be responsible for any damage to Your Equipment or other property which results from Your accessing the Extranet or using the Online Services.

10.9 LABC Warranty will not be liable to You for any Loss You may suffer as a result of or in relation to Your accessing the Online Services or the Extranet unless such Loss is caused by LABC Warranty’s negligence or wilful default.

10.10 Nothing in these Terms of Use shall have the effect of limiting or excluding LABC Warranty’s liability for any liability that may not be limited or excluded as a matter of law.

10.11 You will indemnify LABC Warranty and keep LABC Warranty indemnified against any Loss of whatever nature which is incurred as a result of or in connection with Your access to the Extranet and use of the Online Services other than in accordance with these Terms of Use.

10.12 PR LABC Warranty’s rights and remedies under these Terms of Use are without prejudice to all rights and remedies exercisable at law.

  1. General

11.1 You may not assign or transfer Your legal rights under these Terms of Use to anyone else.

11.2 Any failure or delay by either party to enforce any right under these Terms of Use is not an implied waiver of the same or of any other right in the future.

11.3 You consent to agreements with and communications from LABC Warranty being in electronic form to the extent set out in these Terms of Use.

11.4 All warranties, representations, conditions and other terms, whether express (otherwise than as set out in these Terms of Use or implied (including, without limitation, conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) are hereby excluded to the fullest extent permissible by law.

11.5 All of the terms and conditions relating to the use of the Online Services are contained in these Terms of Use.

11.6 If any provision in these Terms of Use is held or made invalid by a court, statute, rule or otherwise, the remainder of these Terms of Use will not be affected.

11.7 LABC Warranty shall have the right to assign any of its rights or transfer any of its obligations under the Terms of Use to any third party, without Your prior consent.

11.8 A person who is not a party to the Terms of Use (other than a successor in title or permitted assignee) has no rights under the Contracts (Rights of the Third Parties) Act 1999 to enforce any term of the Terms of Use.

  1. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales and any claim, dispute or difference arising out of or in connection with these Terms of Use, Your access to the Extranet or use of the Online Services shall, if not amicably settled between the parties, be subject to the exclusive jurisdiction of the courts of England and Wales.