LEGAL NOTICE & WEBSITE USAGE

Intellectual Property

The content of the Scholar Engines web site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Scholar Engines web site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Scholar Engines web site without written permission from Scholar Engines Limited.

No licence is granted to you in these Terms and Conditions to use any trade mark of Scholar Engines Limited or any affiliated companies including, without limitation the name: Scholar Engines Lotus Performance.

Limitations

You may not use the Scholar Engines web site for any of the following purposes:

– Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material

– Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice

– Gaining unauthorised access to other computer systems

– Interfering with any other person’s use or enjoyment of the Scholar Engines web site

– Breaching any laws concerning the use of public telecommunications networks

– Interfering or disrupting networks or web sites connected to the Scholar Engines web site

– Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

Scholar Engines reserves the right to refuse to post material on the Scholar Engines web site or to remove material already posted on the Scholar Engines web site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

Any claim by any third party that the use of the Scholar Engines web site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

Any claim by any third party that the use of the Scholar Engines web site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and

Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Scholar Engines web site by you.

Availability and Use of the Scholar Engines web site

Although Scholar Engines aims to offer you the best service possible, we make no promise that the services at the Scholar Engines web site will meet your requirements. Scholar Engines cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to us by email and we will attempt to correct the fault as soon as we reasonably can.

Access to the Scholar Engines web site may be occasionally restricted to allow for updates. Scholar Engines will attempt to restore the service as soon as it reasonably can.

Scholar Engines’s right to suspend or cancel your registration

Scholar Engines may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Scholar Engines web site.

The suspension or cancellation of your registration and your right to use the Scholar Engines web site shall not affect either party’s rights or liabilities.

Scholar Engines’s liability

The Scholar Engines web site is provided by Scholar Engines without any warranties or guarantees. You must bear the risks associated with the use of the Internet to access the Scholar Engines web site.

The Scholar Engines web site provides content from and links to other Internet sites or resources and while Scholar Engines tries to ensure that material included on the Scholar Engines web site is correct, reputable and of high quality, we cannot accept responsibility if this is not the case.

Scholar Engines will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience when using the Scholar Engines web site. If Scholar Engines are informed of any inaccuracies in the material on the web site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

– Incompatibility of the Scholar Engines web site with any of your equipment, software or telecommunications links

– Technical problems including errors or interruptions of the Scholar Engines web site

– Unsuitability, unreliability or inaccuracy of the Scholar Engines web site inadequacy of the Scholar Engines web site to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Scholar Engines web site.

Nothing in this paragraph applies to Scholar Engines’s liability in respect of products sold through the web shop.

Nothing in these Terms and Conditions shall exclude Scholar Engines’s liability for personal injury or death caused by its negligence.

Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

Links to third party websites

As a convenience to Scholar Engines customers, the Scholar Engines web site includes links to other web sites or material which are beyond its control. Scholar Engines is not responsible for content on the Internet or World Wide Web pages on the Scholar Engines web site, or any other site outside the Scholar Engines web site.

Advertising and sponsorship

Part of the Scholar Engines web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Scholar Engines web site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

International use

Scholar Engines makes no promise that materials on the Scholar Engines web site are appropriate or available for use in locations outside the United Kingdom, and accessing the Scholar Engines web site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

Expiry date on payment card

Please ensure that the expiry date of your payment card is after the anticipated despatch date of your order. Payment is taken at the point of despatch for goods and in the event that the payment card has expired we will be unable to take payment and fulfil your order.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and Scholar Engines ignores this, Scholar Engines will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Scholar Engines shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

DATA PRIVACY POLICY

In line with the 2018 changes in data privacy law we have a policy on the retention of your personal data which is explained below.

When do we collect your personal data?

i) When you visit our website and use your account.

ii) When you purchase something from our online store.

iii) When you email us with an enquiry.

iv) When you subscribe to our online newsletter.

v) When you call our workshops to book your vehicle in for work.

vi) When you visit our workshops to make a purchase.

vii) When you buy a new or used vehicle from us.

What data do we collect?

i) If you have purchased a product from our online store and have an account:

Your title; your name; delivery address/billing address; any alternative addresses you may have supplied (for example for sending gifts); email address; an encrypted password; date of birth; contact telephone number; previous order details; credit slips; discount vouchers and wish list data you may have stored with us.

ii) When you book your vehicle into our workshops we record and store some or all of the following data in our workshop customer database:

Your title; your name; your address; telephone number; vehicle registration; mileage details; service history details; performance test details;

iii) When you contact us via our website contact form we receive an email containing:

Your title; your name; email address and your enquiry details.

iv) When you call us at our workshops, we may capture some or all of the following:

Your name; contact telephone number; email address; details about your vehicle or any relevant data pertaining to a workshop booking; a recording of the telephone conversation (for training purposes);

v) If you make a telephone purchase, we collect the following information:

Your name; telephone number; delivery and billing address; payment card information; vehicle details pertaining to the purchase (e.g. parts for a specific vehicle); your vehicle make and model; registration number/VIN number.

vi) If you visit our workshops, in addition to the information for a product or service you are visiting us to purchase we may also capture your image, voice and vehicle registration on our CCTV system inside and outside our workshops.

*Note that we do not capture payment card details when you visit us in person.

vii) We may also store the following data if it is relevant to our communicating with you: Social media usernames; mobile phone number

How do we use the data we collect and how long do we keep it?

Now you know what personal data we might store, you should know why we store it. So why do we store your data and what do we do with it?

– We use the data we collect to allow us to communicate with you, and give you the best possible service we can. For example we store your vehicle details and service history to allow us to make sure your vehicle has been correctly maintained and we use the correct oils and replacement parts.

– On our websites the data that is stored on your account is to allow you to quickly place further orders with us without having to re-enter all your information such as addresses. It is also useful for you to have access to your previous order details which may come in handy if you need to re-order a product.

– We capture your vehicle registration so that we can store the service history for your vehicle. If you no longer own the vehicle, we retain the vehicle data on our system and transfer ownership on our internal computer system when we are made aware that you no longer own the vehicle or the new owner contacts us.

– Data we capture is used to protect our business and your account with us from fraud and illegal actions.

– Our business premises have CCTV systems installed that help protect our customers (and their property), our staff and our property from crime.

– With your permission we will send you updates by email, SMS, telephone, by post or via social media.

– We may use the data we store to develop, improve or update our internal processes, our computer systems, our products or our services.

– If requested, we are legally obliged to share your data with the Police or other law enforcement body.

We retain your personal data for as long as needed for the purposes we recorded it. When we no longer need your personal data it will be deleted from our systems.

Any payment card information that is captured (e.g. over the phone) is destroyed immediately after use. Any web-based transactions are secured and the data is handled by authorised and SSL encrypted payment gateways.

Who do we share your data with?

As a rule we do not share your personal data with any 3rd party, however in order to send you newsletters we may ask for your permission to add you to our mailing list. This means that your email address and name will be added to our account with our email newsletter provider.

If we have a trusted partner with whom we need to share your details to fulfil a product or a service we will ask your permission before passing them your details.

If another customer asks us for your contact information we will always contact you to get permission before providing this information. The only exception to this is where you have given us prior permission to pass on your information to those we consider suitable.

Our newsletter provider complies with regulatory practices for storing personal data. Only Scholar Engines will have access to the personal data stored within the providers servers via our secure account access.

If we stop using a particular newsletter service provider, we will export your data and delete all account information the old service provider may have stored.

How do we protect your data?

Almost all of your personal data is captured electronically and stored in the cloud using secure accounts from industry-leading providers. In the event that we capture your name or telephone number on paper, this will be destroyed when it is no longer required to assist us in providing you with a product or a service.

All access to the personal data you enter into our websites is secure and protected by SSL encryption technology.

What rights do you have over your personal data?

You have the following rights of access to your personal data that we hold about you:

You can request:

– Access to all the personal data we hold about you, however there may be a charge for this service.

– The correction of your personal data if you believe it is not correct.

– For us to stop using your personal data for sending you newsletters, reminding you about services (and MOT’s) and products you may have purchased from us.

You can withdraw your consent for us to store your personal data at any time after you have given us consent to use it. If you do this, we will delete all personal data pertaining to your accounts with us.

To protect our business and your confidentiality, if you make a request to access your personal data, we will ask you for proof of identification. Your permission will also be required if another party requests to access to your information.

If there is a reason why we cannot complete your request we will contact you with a full explanation.

Contacting the Regulatory Body

In the event that you believe your data is not being handled correctly or we have been unable to provide you with a satisfactory response regarding the use of your personal data, you have the right to contact the Information Commissioners Office and submit a complaint.

Information Commissioners Office

– Telephone: 0303 123 1113

– Website: www.ico.org.uk/concerns

Please check with your regional data protection regulatory body if you are based outside the United Kingdom.

If you are located outside the United Kingdom:

– By providing your personal data to us via our online services or otherwise, you are consenting to us handling your personal data on your behalf.

– If you do not wish for us to store or handle your data in the ways we describe, please contact us.

– To fulfil overseas shipments or the processing of goods through overseas services such as customs or couriers, it may be necessary to pass your personal data to those parties to fulfil your requirements and process your order. By placing your order with us either online or via telephone, you are giving us your consent to do so.

– We will take the same care of your data as any UK-based customer and store it securely until such time as it is no longer needed to provide you with products and services.