Terms and Conditions
CROWN COMMERCIAL SERVICE – VEHICLE FLEET PORTAL
In this agreement the following definitions shall have the following meanings
“Authority” means the contracting authority identified in the attestation clause below;
“Crown Commercial Service” means Crown Commercial Service a separate trading fund of the Cabinet Office without separate legal personality, whose office is at 9th Floor, The Capital, Old Hall Street, Liverpool L3 9PP;
“CAP” means CAP Motor Research Limited company number 1007022.
“CAP Data" means the vehicle information displayed by the Website;
“Content” means the information contained in the Website including the CAP Data and data supplied by Framework suppliers;
“Framework” means the vehicle lease and vehicle purchase framework(s) where Crown Commercial Service issued an OJEU contract notice and concluded a framework agreement with suppliers;
“Term” has the meaning in clause 9.1 below;
“User” means an employee or agent of the Authority who has been granted access to the Website by the Authority; and
“Website” means the site incorporating the Content hosted at: https://fleetportal.crowncommercial.gov.uk
3. AUTHORITY OBLIGATIONS
3.1 The Authority agrees that it shall:
3.1.1 notify Crown Commercial Service if it requires an employee to become a User from time to time;
3.1.2 only request access to the Website for those employees or agents who are responsible for making vehicle leasing decisions on behalf of the Authority;
3.1.3 for each User the Authority shall provide Crown Commercial Service with the User’s details as set out in the application process
3.1.5 ensure that Users do not disclose their Website personal login or password details to other Users, employees, agents or third parties;
3.1.7 not allow any User or employee to misuse the Website by knowingly introducing material which is malicious or technologically harmful or by attempting to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
3.2 The Authority shall contact Crown Commercial Service, firstname.lastname@example.org by email or 0345 410 2222 (by telephone), in relation to all User administration issues and queries.
4. CROWN COMMERCIAL SERVICE OBLIGATIONS
Crown Commercial Service agrees that it shall:
4.1 process the Authority’s requests for User access;
4.2 provide Users with login and password details;
4.3 manage User login’s and passwords; and
4.4 make the Website available to Users during normal working hours subject to any planned downtime during the Term of this agreement.
5. RIGHTS AND RESERVATIONS
5.1 Crown Commercial Service may monitor and record all User activity while logged into the Website.
5.3 Crown Commercial Service may refuse to grant an Authority employee access to the Website or limit the total number of Users.
5.4 The Authority is responsible for making all arrangements to enable Users to connect to the Website.
6. LICENCE TERMS
6.1 Crown Commercial Service grants the Authority a non-exclusive, personal, revocable licence to use the Website for the normal activities of the Authority only. The Authority shall not (and shall ensure that its employees and agents do not):
6.1.1 mass extract or re-utilise information from the Website (including the CAP Data);
6.1.2 sublicense or allow any third party or agent to access the Website or extract information from the Website (including the CAP Data); and
6.1.3 supply or resell the Content (including for the avoidance of doubt the CAP Data).
6.2 The licence granted in clause 6.1 above shall include the right for the Authority to:
6.2.1 reproduce or store a copy in print or email ] format of the result of an enquiry submitted to the Website;
6.3 The Authority shall (and ensure its Users shall) use the Website solely for the purposes obtaining quotations for vehicle purchase or vehicle lease in connection with concluding contracts with suppliers appointed to the Framework. The Authority agrees that it shall not (and ensure that its Users and employees shall not) use the Website for benchmarking vehicle lease or vehicle purchase prices, in contemplation of concluding contracts with a supplier(s) not appointed to the Framework, for personal use or for profit making commercial ventures.
6.4 Cap Data is protected by copyright and database right. All rights are reserved to CAP.
7.2 Clause 7.1 shall not apply to any Content which was lawfully known to the Authority or its Users prior to disclosure via the Website or to information which is in the public domain through no fault of the Authority or its Users.
8.1 The Authority agrees to indemnify Crown Commercial Service on demand against any losses, claims, costs, liabilities, expenses incurred by, awarded against or agreed to by paid by Crown Commercial Service arising from or in connection with the unauthorised use or disclosure of the CAP Data by the Authority (including by its Users).
8.2 A significant element of the Content is provided by third parties. Crown Commercial Service cannot therefore guarantee or warrant the accuracy of any such Content. The Content not intended to amount to advice or binding quotations on which reliance should be placed by the Authority. The Authority acknowledges this and releases Crown Commercial Service from all liability and responsibility arising from any reliance placed on the Content by the Authority, or by anyone who may be informed of any the Content.
8.3 Crown Commercial Service excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in relation to the provision of the Website.
8.4 Save as set out in clause 8.1, to the extent permitted by law the parties hereby expressly exclude and release each other from:
8.4.1 any liability for any direct, indirect or consequential loss or damage incurred in connection with the use of the Website or in connection with the use, inability to use, or results of the use of the Website and any Content posted on it, including, without limitation any liability for:
18.104.22.168 loss of income or revenue;
22.214.171.124 loss of business;
126.96.36.199 loss of profits or contracts;
188.8.131.52 loss of anticipated savings;
184.108.40.206 loss of data;
220.127.116.11 loss of goodwill;
18.104.22.168 wasted management or office time;
22.214.171.124 for any other loss or damage of any kind, however arising 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.
8.5 Nothing in this clause 8 shall affect either party’s liability for death or personal injury arising in negligence, nor any liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
9. TERM AND TERMINATION
9.1 This agreement shall continue in force from the date of acceptance until this agreement is terminated in accordance with its terms (“Term”).
9.2 Crown Commercial Service may terminate this agreement without liability to the Authority:
9.2.1 by giving the Authority two weeks notice in writing; and
9.3 The Authority may terminate this agreement by giving two weeks notice to the Crown Commercial Service in writing.
10.2 CAP may, with the Authority’s prior written consent, enforce any of clause 8.1 as a third party beneficiary in accordance with the Contracts Rights of Third Parties Act 1999.