TERMS OF WEBSITE USE
This
page (together with the documents referred to on it) tells you the terms of use
on which you may make use of our website https://mexclaims.michelin.com/
(our site), whether as a guest or a registered user. Please read these terms of
use carefully before you start to use the site. By using our site, you indicate
that you accept these terms of use and that you agree to abide by them. If you
do not agree to these terms of use, you must not use our site.
Our
site is directed to people residing in the United Kingdom. We do not represent
that content available on or through our site is appropriate for use or
available in other locations.
Information
about us
https://mexclaims.michelin.com/
is a site operated by Michelin Tyre PLC. ("we"). We are
registered in England and Wales under company number 84559 and have our
registered office at Campbell Road, Stoke-on-Trent ST4 4EY which is also a
trading address. Our VAT number is 278345231. We are a limited company.
Other
policies and information we encourage you to read
These
terms of use refer to the following additional terms, which also apply to your
use of our site:
- Our Privacy Policy, which
sets out how we collect and manage personal data.
- Our Acceptable Use Policy
below, which sets out the permitted uses and prohibited uses of our site. When
using our site, you must comply with this Acceptable Use Policy.
- Our Cookie Policy, which
sets out information about the cookies on our site.
Accessing
our site
Access
to our site is permitted on a temporary basis, and we reserve the right to
withdraw or amend the service we provide on our site without notice. We will
not be liable if for any reason our site is unavailable at any time or for any
period.
From
time to time, we may restrict access to some parts of our site, or our entire
site, to users who have registered with us.
When
using our site, you must comply with the provisions of our acceptable use
policy set out on this page below.
You
are responsible for making all arrangements necessary for you to have access to
our site. You are also responsible for ensuring that all persons who
access our site through your internet connection are aware of these terms, and
that they comply with them.
Account
details
If
you choose, or you are provided with, a user identification code, password 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 have the right to disable any user identification code or
password, 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 of
use.
Intellectual
property rights
We
are the owner or the licensee of all intellectual property rights in our site,
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
may print off one copy, and may download extracts, of any page(s) from our site
for your personal reference and you may draw the attention of others within
your organisation to material posted on our site.
You
must not modify the paper or digital copies of any materials you have printed
off or downloaded in any way, and you must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any
accompanying text.
Our
status (and that of any identified contributors) as the authors of material on
our site must always be acknowledged.
You
must not use any part of the materials on our site for commercial purposes
without obtaining a licence to do so from us or our licensors.
If
you print off, copy or download any part of our site in breach of these terms
of use, your right to use our site will cease immediately and you must, at our
option, return or destroy any copies of the materials you have made.
Reliance
on information posted
The
commentary and content on our site 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 before taking, or refraining from, any action
on the basis of the content on our site.
Although
we make reasonable efforts to update the information on our site, we make no
representations, warranties or guarantees, whether express or implied, that the
content on our site is accurate, complete or up to date.
Our
site changes regularly
We
aim to update our site regularly and may change the content at any time to
reflect changes to our products, our users’ needs and our business priorities
We
do not guarantee that our site, or any content on it, will always be available
or be uninterrupted. If the need arises, we may suspend or restrict access to
our site, or close it indefinitely.
Our
responsibility for loss or damage suffered by you
The
material displayed on our site is provided without any guarantees, conditions
or warranties as to its accuracy.
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 any products to you, which will be set out in our terms
and conditions of supply available at the time we supply products to you.
As a business user:
- We exclude all
implied conditions, warranties, representations or other terms that may apply
to our site or any content on it.
- We will not be liable
to you 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, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we
will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of data;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Information
about you and your visits to our site
We
process information about you in accordance with our Privacy Policy.
By using our site, you consent to such processing and you warrant that all data
provided by you is accurate.
Uploading
material to our site
Whenever
you make use of a feature that allows you to upload material to our site, or to
make contact with other users of our site, you must comply with the content
standards set out in our Acceptable Use Policy set out below.
You
warrant that any such contribution complies with those standards, and you
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 material you upload to our site will be considered
non-confidential and non-proprietary, and we have the right to use, copy,
distribute and disclose to third parties any such material for any purpose.
We
also have the right to disclose your identity to any third party who is
claiming that any material posted or uploaded by you to our site constitutes a
violation of their intellectual property rights, or of their right to privacy.
We
will not be responsible, or liable to any third party, for the content or
accuracy of any materials posted by you or any other user of our site. We also
reserve the right to remove any posting you make on our site if, in our
opinion, your post does not comply with the content standards set out in our
Acceptable Use Policy
Viruses,
hacking and other offences
You
are responsible for configuring your information technology, computer
programmes and platform to access our site. You should use your own virus
protection software
You
must not misuse our 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 site, the server on
which our site is stored or any server, computer or database connected to our
site. You must not attack our 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 site will cease immediately.
We
do not guarantee that our site will be secure or free from bugs or viruses. 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 site or to your downloading of any
material posted on it, or on any website linked to it.
Linking
to our site
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;
- establish a link from
any website that is not owned by you;
- frame our on any
other site; or
- create a link to any
part of our site other than the home page.
We
reserve the right to withdraw linking permission without notice. The website
from which you are linking must comply in all respects with the content
standards set out in our Acceptable Use Policy set out below.
If
you wish to make any use of material on our site other than that set out above,
please address your request to webinfo@uk.michelin.com.
Links
from our site
Where
our site contains links to other sites and resources provided by third parties,
these links 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
If
you are a consumer, please note that these terms of use, their subject matter
and their formation, are governed by English law. You and we both agree that
the courts of England and Wales will have exclusive jurisdiction, except that
if you are a resident of Northern Ireland, you may also bring proceedings in
Northern Ireland, and if you are resident of Scotland, you may also bring
proceedings in Scotland.
If
you are a business, these terms of use, their subject matter and their
formation (and any non-contractual disputes or claims) are governed by English
law. We both agree to the exclusive jurisdiction of the courts of England and
Wales.
Trade
marks
MICHELIN,
the Michelin Man (Bibendum) and product names are registered trademarks. You
are not permitted to use them without our approval.
Changes
we may make to these terms
We
may amend these terms from time to time. Every time you wish to use our site, please
check these terms to ensure you understand the terms that apply at that time. Some
of the provisions contained in these terms of use may also be superseded by
provisions or notices published elsewhere on our site.
Your
concerns
If
you have any concerns about material which appears on our site, please contact webinfo@uk.michelin.com.
ACCEPTABLE
USE POLICY
This acceptable use policy sets out the
content standards that apply when you upload content to our site, make contact
with other users on our site, link to our site, or interact with our site in
any other way.
Your
use of our site means that you accept, and agree to abide by, all the policies
in this acceptable use policy, which supplement our terms of website use and
which can be found above.
Prohibited
uses
You
may use our site only for lawful purposes. You may not use our site:
- 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 in any way;
- To send, knowingly
receive, upload, download, use or re-use any material which does not comply
with our content standards which are set out below;
- To transmit, or
procure the sending of, any unsolicited or unauthorised advertising or
promotional material or any other form of similar solicitation (spam); or
- 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 reproduce,
duplicate, copy or re-sell any part of our site in contravention of the
provisions of our terms of website use contained on this page;
- Not to access without
authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or
network on which our site is stored;
- any software used in
the provision of our site; or
- any equipment or
network or software owned or used by any third party.
Content
standards
These
content standards apply to any and all material which you contribute to our
site (contributions), and to any interactive services associated with it.
You
must comply with the spirit of the following standards as well as the letter.
The standards apply 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);
- Comply with
applicable law in the UK and in any country from which they are posted.
Contributions
must not:
- Be defamatory of any
person;
- Be 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
copyright, database right or trade mark 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;
- Advocate, promote or
assist any unlawful act such as (by way of example only) copyright infringement
or computer misuse;
- Contain any
advertising or promote any services or web links to other sites.
Suspension
and termination
We
will determine, in our discretion, whether there has been a breach of this
acceptable use policy through your use of our site. When a breach of this
policy has occurred, we may take such action as we deem appropriate.
Failure
to comply with this acceptable use policy constitutes a material breach of the
terms of use set out above upon which you are permitted to use our site, and
may result in our taking all or any of the following actions:
- Immediate, temporary
or permanent withdrawal of your right to use our site.
- Immediate, temporary
or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to
you.
- 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.
- 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 policy are not limited, and
we may take any other action we reasonably deem appropriate.
Thank
you for visiting our site.