Terms and Conditions of Use

1. Definitions and Interpretation

In these Terms and Conditions, the following definitions apply:

• "Service" means the JLR Retailer Performance Tracker web application, including all features, content, data, and associated documentation.
• "Owner" means Sian Jones, the sole proprietor and intellectual property owner of the Service.
• "User" or "you" means any individual who accesses or uses the Service.
• "JLR" means Jaguar Land Rover Limited and its group companies.
• "Authorised User" means a current employee of JLR who has been granted access credentials to the Service.
• "Intellectual Property Rights" or "IPR" means all patents, copyright, database rights, design rights, trade marks, trade secrets, know-how, source code, object code, algorithms, user interface designs, data structures, and all other intellectual property rights of any kind, whether registered or unregistered, and including applications for the same.
• "Personal Data" has the meaning given in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
• "Confidential Information" means all information of a confidential nature disclosed through or in connection with the Service, including business data, visit reports, performance metrics, and any non-public information about JLR's retail network.

2. Acceptance of Terms

2.1 These Terms constitute a legally binding agreement between you and the Owner. By signing in to the Service on each occasion, you confirm your acceptance of these Terms as they exist at the time of sign-in.

2.2 The Owner reserves the right to update or amend these Terms at any time. Updated Terms become effective immediately upon being made available within the Service. Continued use of the Service after any update constitutes acceptance of the revised Terms.

2.3 If you do not agree to these Terms (or any update), you must cease using the Service immediately and notify your line manager accordingly.

3. Eligibility and Access

3.1 The Service is exclusively available to current employees of Jaguar Land Rover Limited. No other person or entity is authorised to access or use the Service.

3.2 Access credentials are personal to each Authorised User and must not be shared with, or used by, any other individual. You are responsible for all activity that occurs under your credentials.

3.3 The Owner reserves the right to suspend or revoke access at any time, for any reason, without prior notice. This includes but is not limited to: suspected misuse, breach of these Terms, or cessation of your employment with JLR.

3.4 Upon cessation of your employment with JLR, your right to use the Service terminates automatically and your account will be deactivated.

4. Licence and Permitted Use

4.1 Subject to your compliance with these Terms, the Owner grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service solely for JLR business purposes in the ordinary course of your employment.

4.2 This licence does not convey any ownership interest in the Service or its underlying technology. The Service is licensed, not sold.

4.3 You may only use the Service for its intended purpose: recording, managing, and reviewing JLR retailer performance visits, actions, and related metrics.

5. Fair Use

5.1 You agree to use the Service responsibly and in accordance with its intended purpose. Fair use means:

• Accessing the Service only as needed to perform your role at JLR
• Entering accurate and truthful information
• Not using automated scripts, bots, or other programmatic means to access the Service
• Not attempting to overload, stress-test, or otherwise disrupt the Service
• Not using the Service to store, transmit, or process data unrelated to JLR retailer performance management

5.2 The Owner reserves the right to monitor usage patterns and to restrict or suspend access where usage is deemed excessive, abusive, or inconsistent with the intended purpose of the Service.

6. Intellectual Property Rights

6.1 All Intellectual Property Rights in and to the Service — including but not limited to the source code, object code, algorithms, data models, database schemas, user interface designs, visual designs, documentation, branding, and all derivative works — are and shall remain the sole and exclusive property of the Owner, Sian Jones.

6.2 Nothing in these Terms or in the use of the Service transfers, assigns, or grants any IPR to you, to JLR, or to any third party.

6.3 You must not, and must not attempt to, directly or indirectly:

• Copy, reproduce, duplicate, or replicate any part of the Service or its underlying technology
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or data structures of the Service
• Create any derivative work based on the Service or any part of it
• Remove, alter, or obscure any proprietary notices, copyright marks, or branding within the Service
• Redistribute, sublicence, lease, lend, or otherwise make the Service available to any person who is not an Authorised User
• Use any knowledge gained from the Service to build, commission, or contribute to a competing product or service
• Extract, scrape, or systematically download data from the Service for any purpose other than your ordinary use

6.4 Any feedback, suggestions, or ideas you provide regarding the Service become the property of the Owner, and you assign all rights in such feedback to the Owner without restriction or compensation.

6.5 The restrictions in this clause survive termination of your access to the Service and remain in force indefinitely.

7. JLR Brand Licence

7.1 The Service displays the Jaguar Land Rover logo, brand colours, and associated trade marks ("JLR Brand Elements") solely for the purpose of providing a branded, professional user experience to JLR employees.

7.2 By the first JLR employee signing in to the Service, JLR is deemed to grant the Owner a royalty-free, non-exclusive licence to use the JLR Brand Elements within the Service for as long as any JLR employee remains an active user.

7.3 This licence terminates automatically when the last JLR employee ceases to be an active user of the Service. Upon termination, the Owner will remove all JLR Brand Elements from the Service within a reasonable period.

7.4 The Owner's use of JLR Brand Elements is strictly limited to the Service interface and does not extend to any external marketing, advertising, or promotional activity without JLR's prior written consent.

8. Fees and Charges

8.1 The Service is currently provided free of charge. No subscription fee, licence fee, or per-user charge is payable at this time.

8.2 The Owner reserves the right to introduce fees or charges for the Service at any time, by providing not less than 30 days' prior written notice to JLR. Such notice may be delivered by email to the designated JLR administrator or via a notice within the Service itself.

8.3 If fees are introduced, continued use of the Service after the effective date constitutes acceptance of the applicable charges. If you or JLR do not wish to pay the charges, you or JLR must cease using the Service before the effective date.

8.4 The Owner reserves the right to offer different pricing tiers, feature sets, or service levels in the future. Any such offering will be communicated in advance with reasonable notice.

9. Service Availability and Best Endeavours

9.1 The Service is provided on a "best endeavours" basis. The Owner will use reasonable efforts to maintain the availability, performance, and reliability of the Service, but does not guarantee uninterrupted or error-free operation.

9.2 No service level agreement (SLA) is offered. There are no contractual performance guarantees, but the Service is designed to be highly available 24/7/365. The Owner will provide the service support of the service on a best endeavours basis.

9.3 The Owner may, at any time and without prior notice:

• Perform maintenance, upgrades, or modifications to the Service
• Temporarily suspend the Service for operational reasons
• Permanently discontinue the Service, in which case the Owner will use reasonable efforts to provide advance notice

9.4 The Service is hosted on third-party infrastructure (including but not limited to Vercel and Supabase). The Owner is not responsible for any outages, data loss, or service degradation caused by these third-party providers.

10. Data, Privacy, and Archiving

10.1 The Service processes Personal Data in accordance with the UK GDPR and the Data Protection Act 2018. Personal Data collected is limited to: your name, email address, role, and the content you enter into the Service (visit reports, actions, metrics, etc.).

10.2 Personal Data is processed on the lawful basis of legitimate interest (the efficient management of JLR's retail performance programme) and, where applicable, your consent by using the Service.

10.3 You are responsible for ensuring that any data you enter into the Service is accurate, lawful, and does not infringe any third-party rights. You must not enter special category data (as defined in the UK GDPR) into the Service.

10.4 Data archiving: The Owner will archive data that is more than two (2) years old. Archived data may be removed from the active Service and stored separately. The Owner is not obligated to retain archived data indefinitely and may permanently delete archived data upon reasonable notice.

10.5 In the event the Service is discontinued, the Owner will use reasonable efforts to provide JLR with an export of its data in a standard format (e.g., CSV or Excel) within 30 days of the discontinuation date.

10.6 The Owner implements appropriate technical and organisational security measures to protect the data held within the Service. However, no system is completely secure, and the Owner cannot guarantee that data will never be subject to unauthorised access.

11. Confidentiality

11.1 Both parties acknowledge that Confidential Information may be exchanged in connection with the Service. Each party agrees to keep the other's Confidential Information strictly confidential and not to disclose it to any third party without prior written consent.

11.2 You must not share, export, or otherwise disclose the data, reports, or analytics generated by the Service to any person who is not an Authorised User, unless required to do so in the ordinary course of your duties at JLR.

11.3 The obligations in this clause do not apply to information that: is or becomes publicly available through no fault of the receiving party; was already known to the receiving party; is independently developed without reference to the Confidential Information; or is required to be disclosed by law or regulation.

12. Warranties and Disclaimers

12.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

12.2 To the fullest extent permitted by law, the Owner expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, timely, secure, or error-free
• Any warranty regarding the accuracy, reliability, or completeness of data processed by or output from the Service
• Any warranty that the Service will meet your requirements or expectations

12.3 You acknowledge that the Service is a tool to assist with retailer performance management and that all business decisions remain your responsibility and the responsibility of JLR. The Service does not constitute professional advice of any kind.

13. Limitation of Liability

13.1 To the maximum extent permitted by applicable law, the Owner shall not be liable to you, to JLR, or to any third party for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings
• Damages arising from any interruption, suspension, or termination of the Service
• Damages arising from any error, omission, or inaccuracy in the Service or its outputs
• Damages arising from any unauthorised access to or alteration of your data
• Damages arising from any third-party actions, services, or products

13.2 In no event shall the Owner's total aggregate liability under or in connection with these Terms exceed the greater of: (a) the total fees paid by you or JLR for the Service in the 6 months preceding the claim; or (b) one pound (£1).

13.3 Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.

13.4 You acknowledge that the limitations in this clause are reasonable given that the Service is currently provided free of charge and on a best endeavours basis.

14. Indemnification

14.1 You agree to indemnify, defend, and hold harmless the Owner from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use or misuse of the Service
• Your breach of these Terms
• Your violation of any applicable law or regulation
• Any data you enter into the Service that is inaccurate, unlawful, or infringes third-party rights
• Any claim by a third party arising from or related to your use of the Service

14.2 JLR agrees (through its employees' continued use of the Service) to indemnify, defend, and hold harmless the Owner from and against any and all third-party claims, damages, losses, costs, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with JLR's use of the Service, including but not limited to claims related to the data processed through the Service.

14.3 The indemnification obligations in this clause survive termination of these Terms and your access to the Service.

15. Third-Party Services

15.1 The Service relies on third-party infrastructure providers, including but not limited to Vercel (hosting), Supabase (database and authentication), and other cloud services. The Owner is not responsible for the actions, omissions, or failures of these third parties.

15.2 The Owner does not guarantee the continued availability of any third-party service and reserves the right to change providers at any time.

15.3 You acknowledge that your use of the Service may be subject to the terms and conditions of these third-party providers, and the Owner shall have no liability in respect of such third-party terms.

16. Prohibited Conduct

16.1 In addition to the restrictions set out elsewhere in these Terms, you must not:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Introduce any virus, malware, trojan, worm, or other harmful code into the Service
• Attempt to gain unauthorised access to any part of the Service, other users' accounts, or any systems or networks connected to the Service
• Use the Service to harass, abuse, defame, or discriminate against any person
• Circumvent or attempt to circumvent any security measures, access controls, or usage restrictions
• Use the Service in any way that could damage, disable, overburden, or impair it

17. Termination

17.1 The Owner may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

17.2 Upon termination: (a) your licence to use the Service ceases immediately; (b) you must cease all use of the Service; (c) the Owner may delete your account and associated data in accordance with the data archiving policy in clause 10.

17.3 Clauses that by their nature should survive termination will survive, including but not limited to: Intellectual Property Rights (clause 6), Confidentiality (clause 11), Limitation of Liability (clause 13), Indemnification (clause 14), and Governing Law (clause 19).

18. Force Majeure

18.1 The Owner shall not be liable for any failure or delay in performing obligations under these Terms where such failure or delay results from circumstances beyond the Owner's reasonable control, including but not limited to: acts of God, fire, flood, pandemic, governmental action, war, terrorism, civil unrest, power failure, internet or telecommunications failure, or third-party service outages.

19. Governing Law and Jurisdiction

19.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.

19.2 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

19.3 Before commencing legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation for a period of not less than 30 days.

20. General Provisions

20.1 Entire Agreement: These Terms constitute the entire agreement between you and the Owner regarding the use of the Service and supersede all prior agreements, representations, and understandings.

20.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

20.3 Waiver: No failure or delay by the Owner in exercising any right under these Terms shall constitute a waiver of that right.

20.4 Assignment: The Owner may assign or transfer these Terms (in whole or in part) without your consent. You may not assign or transfer any rights or obligations under these Terms.

20.5 No Third-Party Rights: These Terms do not confer any rights on any person other than the parties to them (and their permitted successors and assigns) under the Contracts (Rights of Third Parties) Act 1999.

20.6 Notices: Any notice required under these Terms may be given by email to the address associated with your user account (in the case of notices to you) or to sianjonesmail@gmail.com (in the case of notices to the Owner).