Standard Terms and Conditions for the use of the Tachomagic website and Tachomagic
Tachograph Analysis system.
Terms and Conditions:
This Service and website is operated by Personnel Limited Company Number 5004030. Herein after called "Personnel", "we",
"us" or "our".
"You", "Your" and "User" means the legal entity subject to these terms and conditions, whether an individual, a company
or any other legal entity, and includes anyone reasonably appearing to us to be acting with your authority or permission.
"Tachomagic" or "Service", means the Tachomagic website and the Tachomagic Software System collectively.
The following terms and conditions govern your use of Tachomagic:
The terms and conditions of using Tachomagic are to be interpreted and enforced separately. If one term or condition is deemed to be
invalid, the rest still stand with full force and effect.
Modifications of terms and conditions
We reserve the right to make alterations to the terms and conditions of use if we feel it necessary. These alterations can be made without
warning being given and these changes will take precedence over conditions coming from another party. We advise you to check the
Tachomagic website on a regular basis for information regarding any changes. Continuation of use 2 weeks after any changes will constitute
acceptance of the new terms.
Copyrights and intellectual property right
The ownership of all intellectual property rights including: patents, copyright, trade marks and trade names in Tachomagic are the property
of, and licensed to, personnel limited. No part of Tachomagic may be transferred, copied, decompiled or reproduced without written
permission from us unless it falls under Section 50B of the Copyright Design and Patent Act. 1988. Purchase of Tachomagic entitles
the user non-exclusive, non-transferable rights to use Tachomagic solely in connection with Tachomagic analysis service and no other
Disclaimer of warranties
We take care to ensure that our Tachomagic software is kept current and up to date however we make no warranty that any part of Tachomagic
is reliable and that it will always be available. We make no warranty that problems will be fixed or that the software is virus, error
or defect free. Downloading software or any other material from Tachomagic is done at your own risk. We take no liability for any loss
or damage caused by your use of, or inability to use, any part of Tachomagic. We reserve the right to change any part of Tachomagic
without notice being given or liability taken.
Limitation of liability
We will not be held liable for any of the following:
Indirect, consequential, special or incidental damage arising from your use of the Tachomagic system.
Loss of or damage to business, profits or information
Loss caused by a software defect or virus
Loss of or damage to property
Claims made by third parties
Fines or penalties issued upon you by any authoritative body
Any other loss or damage arising from your use of the Tachomagic system.
Any dependency you place on information obtained from Tachomagic is done so at your own risk.
If you wish to use information acquired from Tachomagic for any legal proceedings, we advise you to seek independent advice before
undertaking such action.
Tachomagic employees, agents and operators accept no liability for any loss or damage emerging from the use of this site, other
than death or personal injury caused by their negligence or in respect of fraud.
We aim to handle all information and data personally and securely. Any information you provide to us will be stored on our personal
computer system. This information may be provided to other companies that assist us in providing the service to you. We will hold your
data for a period of 24 months unless there is a termination of services either by you or by us in which case it is at our discretion
as to when the data is deleted during the 24 month period.
User names and passwords
It is your responsibility to keep user Id’s and passwords safe and protected. If you give your user Id or password to anyone else
directly or indirectly, through negligence of security, then this warrants legal authorisation on your part to allow the third party
to act as your agent for the purpose of transacting through our service.
Charges will be calculated and invoiced at the end of each calendar month. Payment of invoices will be collected via direct debit or
are to be paid within 30 days of the invoice being issued.
We reserve the right to transfer this agreement to a third part if we feel it necessary. You are unable to transfer this agreement to a
third party without our written permission, we will only refuse this permission if we feel it necessary to do so.
Links to other websites within Tachomagic are checked regularly but are beyond our control. Therefore we take no responsibility for the
outcome of you using any of the links or whether the links work at the time you require.
Even though Tachomagic communicates over an encrypted tunnel or https over the internet, it is never 100% safe and therefore you agree
to take full responsibility for any information you send us via the internet.
Provision of service
From time to time Tachomagic may require maintenance or fail without warning. We reserve the right to modify and withdraw, either
temporarily or permanently, any part of Tachomagic as and when we feel necessary without having to provide warning. You are unable
to claim any compensation as a result of not being able to use any part of Tachomagic because of maintenance or withdrawal issues.
We reserve the right to suspend or terminate access to the Tachomagic service if we are aware or have suspicion that the service or user
Id is being used in a fraudulent, unlawful or unauthorised way. For you to terminate the agreement you must make this clear in writing
in a way that will provide you with confirmation that Tachomagic has receipt of this.
You agree that the information you provide to Tachomagic is true, current and complete in every respect. You also agree that it is your
responsibility to update the user information as and when it changes.
Back up / virus protection
It is completely your responsibility to have a back-up and anti-virus procedure in place. Although we thoroughly check the Tachomagic
software, We can not accept any responsibility for damage or loss of data as a result of using the system.
You agree to not transmit any information, via Tachomagic, containing viruses or other defects that are likely to cause damage to any
system or engage is any activity that is contradictory to the computer misuse act 1990.
You agree to comply with the provisions set out by the Data protection act 1984 and subsequent additions to this legislation.
You agree to indemnify us against any claims brought by a third party resulting from the use of Tachomagic and also in respect to any
losses or liabilities incurred by us as a result of your breach or negligence with regards to the terms and conditions.
You agree to pay all costs, including legal fees, damages and awards as a result of such claims against Personnel as well as providing
us with ample notice of said claims. These provisions will survive any termination of agreement.
You agree to not use Tachomagic in any way that is in breach of any national or international law.
Disclaimer of agency
The parties of the agreement are separate entities and there is no agency created between the user and Personnel through this agreement.
Neither party has the right to enter into other arrangements on behalf of the other party.
These terms and conditions constitute the entire agreement between yourselves and Personnel.
You accept that you have read the terms and conditions and are happy to agree to them. Use of the service itself will constitute acceptance.
Both parties agree that this agreement shall be governed by and fall under the jurisdiction of the courts of England and Wales.