ELTO Terms of Use
These policies set out the terms of use of the ELTO Website and “one-off” searches, and give information on how ELTO treats the personal data you provide.
1 Terms of Use
Please read these Terms of Use carefully and make sure you understand them before using this Website as they (together with the documents referred to in them) apply directly to your use of this Website http://www.elto.org.uk (this “Website”) and tell you the terms of use on which you may make use of it. Use of this Website includes accessing and browsing this Website. By accessing this Website, you agree to be bound by all of the following Terms of Use.
We recommend that you print a copy of these Terms of Use or save them to your computer for future reference.
If you do not accept these Terms of Use and do not intend to be bound by them, you may not use this Website and should exit immediately.
These Terms of Use are only in the English language.
This Website is operated and managed by Tracing Services Ltd (TSL) (registered in England and Wales under company number 6978725), a wholly owned subsidiary of the Motor Insurers' Bureau (registered in England and Wales under company number 00412787) the registered office of both being Linford Wood House, 6-12 Capital Drive, Linford Wood, Milton Keynes, MK14 6XT. Our VAT number is GB 871 6671 95.
ELTO reserves the right in its absolute discretion, without reason and without liability to suspend or block you from this Website with immediate effect and without notice.
2 Other Applicable Terms
These Terms of Use refer to the following additional terms, which also apply to your use of
this Website:
· ELTO’s Acceptable Use Policy in paragraph 22;
· ELTO’s Privacy Policy;
· ELTO’s Cookie Policy.
3 UK Use
Use of this Website is intended for residents of the United Kingdom only and complies with appropriate UK legislation and regulation. ELTO makes no representation that any of the information contained within this Website is available or appropriate for use in any other country or jurisdictions.
4 Availability of this Website
This Website is made available free of charge. Please note that certain services provided on this Website may entail charges, subject to the terms and conditions of the provision of the relevant services.
ELTO does not guarantee that this Website, or any content on it, will always be available or be uninterrupted. Access to this Website is permitted on a temporary basis. ELTO may suspend, withdraw, discontinue or change all or any part of ELTO’s site without notice. ELTO will not be liable to you if for any reason this Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to this Website. ELTO is not an internet service provider. You are responsible for the payment of the fees charged by your internet service provider.
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.
You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
5 Changes to this Website
We aim to update our website regularly and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material. ELTO does not guarantee that this Website, or any content on it, will be free from errors or omissions.
6 Indemnity from you in Favour of ELTO
To the fullest extent permitted by law and without prejudice to any other rights available to ELTO, you hereby agree to indemnify ELTO fully and without limit for any losses, costs, expenses or damages (including amounts paid in settlement, out of pocket expenses, interest, penalties, sanctions and all legal and other professional costs and expenses) incurred by or suffered by ELTO in relation to or as a result of any breach by you of any of these Terms of Use.
7 Policies commenced or renewed before 1 April 2011
All insurers on this register have a potential liability for policies under which UK commercial lines employers’ liability cover has been provided to employers, which commenced or were renewed before 1 April 2011 and in respect of which no claims were made on or after 1 April 2011. However, they are not required to make details of those policies available in this register under FCA rules.
Enquiries may be made about those policies by individual claimants, their authorised
representatives, or insurers or their insurance intermediaries, with potential claims, by submitting a search through this site. Where the returned result is incomplete and where a further request for an ‘Extended Insurer Search’ is made, we will pass the request onto insurer members to perform a manual trace of their records in a further attempt to locate a policy.
8 ELTO’s limitation of liability
We endeavour to ensure the information on this website is accurate, and whilst we will put in place relevant controls, the material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website (including but not limited to any errors, omissions or misleading statements), any websites linked to it and any materials posted on it, including:
- Loss of income or revenue;
- Loss of business;
- loss of profits or contracts;
- loss of anticipated savings
- loss of data
- loss of goodwill;
- wasted management or office time and
- 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 your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
You acknowledge that you are solely responsible, and we shall not be liable, for the use to which you put this website and all results and information you obtain from it.
For the avoidance of doubt, we do not warrant that:
- any information contained on or acquired through the website is accurate, verified or complete; or
- the website is available on an uninterrupted basis; or
- any defects of any description will be remedied; or
- the website or the server that makes the website is virus free.
9 No Reliance on Information
The content on this Website 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 this Website.
10 Events Outside ELTO’s Control
ELTO will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms of Use that is caused by an Event Outside ELTO’s Control (as defined below).
An “Event Outside ELTO’s Control” means any act or event beyond ELTO’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside ELTO’s Control takes place that affects the performance of ELTO’s obligations under these Terms of Use ELTO’s obligations under these Terms of Use will be suspended and the time for performance of ELTO’s obligations will be extended for the duration of the Event Outside ELTO’s Control.
11 Changes to Terms of Use
ELTO reserves the right to update these Terms of Use from time to time without notice to you. All such updates are effective as soon as they appear on this Website and your continuing use after such an update will signify your agreement to be bound. Please check this page from time to time to take notice of any changes ELTO has made, as they are binding on you. These Terms of Use were updated on 25 November 2019.
12 General
These Terms of Use and all other agreements and documents referred to in and incorporated into them represent the entire agreement between ELTO and you for use of this Website and supersede all prior agreements in relation to this Website.
These Terms of Use shall be governed and construed according to the laws of England and you submit to the exclusive jurisdiction of the English Courts in the event of dispute (including any non-contractual disputes or claims).
The failure to exercise or delay in exercising a right or remedy provided by these Terms of Use or by law does not:
· constitute a waiver of the right or remedy, or
· a waiver of other rights or remedies.
You shall do or procure to be done all such further acts and things and execute or procure the execution of all such other documents as may be from time to time required for the purpose of giving full effect to the provisions of these Terms of Use.
If any provision of these Terms of Use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use that shall remain in full force and effect. You shall not transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms of Use.
ELTO may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Use.
Nothing in these Terms of Use is intended to, or shall operate to:
· create a partnership between you and ELTO, or
· authorise either you or ELTO to act as agent for the other, and
· neither you nor ELTO shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
13 Third Party Rights
These Terms of Use are between you and ELTO. No other person shall have any rights to enforce any of its terms.
14 Trademarks
For the purpose of these Terms of Use ELTO may claim rights in trademarks, logos and icons contained on this Website.
15 Intellectual Property
For the purposes of these Terms of Use, all intellectual property rights (including copyright) in the whole of this Website and the material published on this Website belong, or is licensed to ELTO or its licensors, as the case may be, unless otherwise indicated, and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form by any person without the prior written consent of ELTO.
The works included in and on this Website 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 this Website for your personal use and you may draw the attention of others within your organisation to content posted on this Website.
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.
ELTO’s status (and that of any identified contributors) as the authors of content on this Website must always be acknowledged.
You must not use any part of the content on this Website for commercial purposes without obtaining a licence to do so from ELTO or its licensors.
If you print off, copy or download any part of this Website in breach of these Terms of Use, your right to use this Website will cease immediately and you must, at ELTO’s option, return or destroy any copies of the materials you have made.
16 Uploading Content to this Website
Whenever you make use of a feature that allows you to upload content to this Website, or to make contact with other users of this Website, you must comply with the content standards set out in our Acceptable Use Policy set out in paragraph 22 below.
You warrant that any such contribution does comply with the Acceptable Use Policy, and you will be liable to ELTO and indemnify it for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage ELTO suffers as a result of your breach of warranty.
Any content you upload to this Website will be considered non-confidential and non-proprietary, and ELTO and other users of this Website have the right to use, store, copy, distribute and disclose to third parties any such content for any purpose.
ELTO also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this Website constitutes a violation of their intellectual property rights, or of their right to privacy.
ELTO will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of this Website.
Without prejudice to any other right or remedy it may have, ELTO has the right to remove (at any time) any posting you make (or is made on your behalf on this Website if, in ELTO’s opinion, the relevant post does not fully comply with the provisions set out in the Acceptable Use Policy.
The views expressed by other users on this Website do not necessarily represent ELTO’s views.
17 Interactive Services
We may from time to time provide interactive services on our website, including, without limitation:
• Chat rooms.
• Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
18 Viruses, Hacking and other offences
ELTO does not guarantee that this Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access this Website. You should use your own virus protection software.
You must not misuse our website 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 website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may 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 website will cease immediately.
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 website or to your downloading of any material posted on it, or on any website linked to it.
19 Linking to this Website
You may not establish, create and/or provide a link to this Website from any other website, nor may you reproduce or store any part of this Website on any other website without first obtaining ELTO's prior written consent.
20 Links to Third Party Websites
This Website may also contain hypertext links to websites operated by third parties. The responsibility for the operation and content of those websites shall rest solely with the organisation identified as controlling the relevant third-party website and will be governed by separate terms and conditions. ELTO assumes no responsibility for the content of websites linked to this Website. Links are provided for convenience only and inclusion of any link does not imply endorsement by ELTO in any way of the third party website to which it links. ELTO accepts no responsibility whatsoever for the contents of any website accessed by a link that ELTO supplies and ELTO will not be liable for any loss or damage that may arise from your use of them.
21 How to contact ELTO
In the event that any difficulties are experienced in gaining access to any part of the website or if you have any other concerns please contact ELTO either by calling 01908 422455 or email enquiries@elto.org.uk.
22 Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and ELTO under which you may access this Website. This Acceptable Use Policy applies to all users of, and visitors to, this Website.
Your use of this Website means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy.
22.1 Prohibited Use
You may use this Website only for lawful purposes. You may not use this Website:
In any way that breaches any applicable local, national or international law or regulation (including but not limited to the General Data Protection Regulations (GDPR) and the Data Protection Act 2018).
· If you do not have the capacity to enter into binding contracts.
· If, being an individual, you are not at least 18 years old and have not obtained the age of majority in the state or country in which you live.
· 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 ELTO's content standards described below.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· 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 this Website in contravention of the provisions of these Terms of Use.
· Not to allow anyone else use of any username and passwords provided to you to access this Website.
· Not disclose your username and password and ensure it is kept confidential at all times.
· Not to access without authority, interfere with, damage or disrupt:
- any part of this Website;
- any equipment or network on which this Website is stored;
- any software used in the provision of this Website; or
- any equipment or network or software owned or used by any third party.
22.2 Content standards
These “Content Standards” apply to any and all material which you contribute to this Website
("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:
· Contain any material which is defamatory of any person.
· Contain any material which is obscene, offensive, hateful or inflammatory.
· Promote sexually explicit material.
· Promote violence.
· Promote discrimination of any nature (including 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 ELTO, if this is not the case.
· Advocate, promote or assist any unlawful act such as (by way of example only) copyright or other intellectual property rights infringement or computer misuse.
22.3 Suspension and Termination
Without prejudice to the foregoing, ELTO will determine, in its discretion, whether there has been a breach of these Terms of Use through your use of this Website. When a breach of these Terms of Use has occurred, ELTO may take such action as it deems appropriate.
For the avoidance of doubt, failure to comply with the Acceptable Use Policy constitutes a material breach of these Terms of Use upon which you are permitted to use this Website, and may result in ELTO’s taking all or any of the following actions:
· Immediate, temporary or permanent withdrawal of your right to use this Website.
· Immediate, temporary or permanent removal of any posting or material uploaded by you to this Website.
· 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 ELTO reasonably feels is necessary.
ELTO excludes all liability for actions taken in response to breaches of the Acceptable Use Policy. The responses described in the Acceptable Use Policy are not limited, and ELTO may take any other action it reasonably deems appropriate.
22.4 Changes to the Acceptable Use Policy
ELTO may amend the Acceptable Use Policy at any time without any liability and without notice to you. All such amendments are effective as soon as they appear on this Website and your continuing use after such an amendment will signify your agreement to be bound by such terms and conditions. You should check this page from time to time to take notice of any changes made, as they are legally binding on you. Some of the provisions contained in this Acceptable Use may also be superseded by provisions or notices published elsewhere on this Website.