(1) YOU START TO USE THE WEBSITE – BY USING THE WEBSITE, YOU CONFIRM THAT YOU ACCEPT THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT AND THAT YOU AGREE TO COMPLY WITH THEM; AND
(2) MAKING AN APPLICATION FOR USE OF THE LIBERT-T SYSTEM OR BIP&DRIVE'S VÍA-T SERVICE - BY APPLYING FOR ANY OF THESE SERVICES, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND GIVE YOUR CONSENT TO EMOVIS TAG UK LTD PROCESSING AND HOLDING YOUR PERSONAL DATA IN ACCORDANCE WITH THE CONDITIONS SET OUT BELOW.
emovis Tag UK Ltd administers the Subscription process (including the review and verification of Applications) on sanef's and Bip&Drive's behalf and operates the Website.
These Conditions set out:-
1. the purpose and the terms under which emovis Tag UK Ltd will process any personal data collected from you or that you provide to emovis Tag UK Ltd;
2. the terms on which emovis tag UK Ltd will review Applications by Subscribers for use of the Liber-T System or Bip&Drive's Vía-T Service and on which Subscribers consent to emovis tag UK Ltd holding and processing their personal data; and
3. the rules for using the Website.
2. DEFINITIONS AND INTERPRETATION
2.1 In these Conditions, the following definitions apply:-
“Application” means the demand submitted on the Website to become a Subscriber;
"Bip&Drive" means Bip&Drive S.A, a Spanish company, having its registered address at Plaza de Colón 2, Torre 2 Planta 19, Madrid, España duly registered under the number A-86969607, registered at the Business Registry of Madrid ,Volume 32.186, Folio 22, Section 8, Page M-579231 represented by Josep Jové de Miquel-Blondel and Juan Gordejuela Donézar;
"Bip&Drive Subscriber Conditions" means Bip&Drive's terms and conditions for the use of the Vía-T Service, a copy of which can be obtained at the following link https://www.emovis-tag.co.uk/legal;
"Conditions" means these terms and conditions as amended from time to time in accordance with section 9.f;
"emovis tag UK Ltd " means emovis tag UK Ltd, a company incorporated and registered in England and Wales with company number 9924217 whose registered office is at emovis tag UK Ltd, St John’s Offices, Albion Street, Leeds, LS2 8LQ, United Kingdom;
“emovis tag UK Ltd Group” means emovis tag UK Ltd, and any business entity from time to time controlling, controlled by, or under common control with emovis tag UK Ltd ;
"Liber-T System" has the meaning given in the sanef Subscriber Conditions;
"sanef" means Sanef SA, located 30 boulevard Gallieni, 92130 Issy les Moulineaux, France, represented by Arnaud QUEMARD, General Manager (phone : +33 1 41 90 59 00, fax: +33 1 41 90 84 00);
"sanef Subscriber Conditions" means sanef's terms and conditions for the use of the Liber-T System, a copy of which can be obtained at the following link https://www.emovis-tag.co.uk/legal;
"Subscriber" means a person applying to use (a) the Liber-T System pursuant to the sanef Subscriber Conditions and/or (b) the Vía-T Service pursuant to the Bip&Drive Subscriber Conditions and "Subscribers" shall be construed accordingly;
"Subscription" means the subscription for use of the Liber-T System or Bip&Drive's Vía-T Service pursuant to the sanef Subscriber Conditions or the Bip&Drive Subscriber Conditions (as applicable);
"Toll Charger Companies" has the meaning given in the sanef Subscriber Conditions;
"Vía-T Service" has the meaning given in the Bip&Drive Subscriber Conditions; and
"Website" means the website with the urls http://www.emovis-tag.co.uk; www.emovis-tag.com and saneftolling.co.uk.
2.2. In these Conditions, the following rules apply:
(a) a person includes a natural person (whether or not having separate legal personality);
(b) a reference to a party includes its successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes.
3. ACCESS TO THE WEBSITE
emovis tag UK Ltd will endeavour to ensure the availability of the Website will be uninterrupted and that transmissions will be error-free however, due to the nature of the internet, emovis tag UK Ltd gives no representations or warranties in this regard. emovis tag UK Ltd reserves the right to suspend or restrict access to the Website to allow for repairs, maintenance, or the introduction of new facilities or services. emovis tag UK Ltd will attempt to limit the frequency and duration of any such suspension or restriction.
emovis tag UK Ltd is not liable to the Subscribers if it fails to provide the services as a result of any event beyond its reasonable control which includes any breakdown in public or private telecommunications networks or interruptions in third party services networks.
4. WEBSITE CONTENT
emovis tag UK Ltd cannot be held liable for any data or content disclosed by you for the purpose of the Application as emovis tag UK Ltd has no control over such data or content, and therefore emovis tag UK Ltd does not accept any responsibility for such content.
5. INTELLECTUAL PROPERTY RIGHTS
The Website is under the ownership of emovis tag UK Ltd. The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without emovis tag UK Ltd's express written consent.
The Subscriber is granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of the Website as long as the link does not portray emovis tag UK Ltd, sanef, the Liber-T System, Bip&Drive, the Vía-T Service, the Toll Charger Companies, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
6. INFORMATION ON THE WEBSITE
The Website is operated by emovis tag UK Ltd, located St John’s Offices, Albion Street, Leeds, LS2 8LQ, United Kingdom, represented by Santiago Rodriguez as director.
The Website is hosted by NEXEDI S.A. 270, Boulevard Clémenceau, 59700 Marcq en Baroeul,France (Phone: +33 6 62 05 76 14)
7. DATA PROTECTION AND PRIVACY
7.1 Application Vetting
Subscribers who apply to use (i) the Liber-T System and/or (ii) the Vía-T service via the Website (an "Application") acknowledge that emovis tag UK Ltd will process their application details for the purpose of the Application vetting and for the carrying out of credit checks to assess their credit worthiness.
By submitting an Application, Subscribers authorise emovis tag UK Ltd to process Subscribers’ applications to obtain details of any credit judgements that have been awarded against the Subscriber through the County Courts or High Courts in England and Wales. These will typically have been lodged as a result of the conduct of the Subscriber's credit affairs.
7.2 Use of personal data
By submitting an Application, Subscribers authorise emovis tag UK Ltd to share their personal data with any member of the emovis tag UK Ltd Group and to hold any information submitted in any form and on any emovis tag UK Ltd Group database.
Personal data (including any sensitive personal data) will be processed and held in accordance with this section 7.
7.4 Linking Policy
Certain hypertext links in the Website may lead to websites which are not under the control of emovis tag UK Ltd. When you activate any of these you will leave the Website and emovis tag UK Ltd have no control over and will accept no liability in respect of any material which follows.
Nothing in these Conditions shall affect the emovis tag UK Ltd Group's liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Subject to foregoing provisions of this section 8, to the fullest extent permitted by law, emovis tag UK Ltd expressly excludes:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) any liability for any direct, indirect or consequential loss or damage incurred by any Subscriber in connection with any Application, the Website or in connection with the use or inability to use the Website, any materials posted on the Website or the results of any Application, including any loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and wasted management or office time whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
9.1 Assignment and Subcontracting
emovis tag UK Ltd may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
Subscribers shall not, without the prior written consent of emovis tag UK Ltd, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.
A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by emovis tag UK Ltd in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.
If a court or any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
9.4 No Partnership
Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
9.5 Third parties
A person who is not a party to these Conditions shall not have any rights under or in connection with them.
Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions to these Conditions, shall only be binding when agreed in writing and signed by emovis tag UK Ltd.
9.7 Governing Law and Jurisdiction
These Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.