Terms

Last Update: May 14, 2019

EquipmentConnect Platform
Website Terms of Use

1. Introduction

1.1 Your access to the Website and the EquipmentConnect Platform is governed by these Website Terms of Use. We can make changes to these Website Terms of Use at any time and will post any amended Website Terms of Use to the Website. If you continue to use the Website or the EquipmentConnect Platform, you will be deemed to have accepted those amended Website Terms of Use.
1.2 You should also be aware of (and these Website Terms of Use refer to) the following additional policies and terms, which also relate to your use of the Website and the EquipmentConnect Platform:
• to the extent that they apply to you, our Lessor Terms and Conditions, our Lessee Terms and Conditions and our Equipment Supplier Terms and Conditions;
• the form of the Hire Purchase Contract; and
• our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
1.3 If you have any enquiries in relation to the Website or the information on it, please contact us at info@equipmentconnect.co.uk

2. Access to the Website and the EquipmentConnect Platform

2.1 We try to ensure that you have uninterrupted access to the Website and its content and features and, if you are a registered user, to the EquipmentConnect Platform and your accounts, but we cannot guarantee that access will always be available or uninterrupted.
2.2 From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or other unforeseen circumstance or because we are carrying out planned maintenance. We will not be liable to you for any loss or damage which you may suffer as a result of the Website or the EquipmentConnect Platform being unavailable at any time for any reason.
2.3 We may suspend or disable your access to the Website and/or EquipmentConnect Platform at any time if, in our reasonable opinion:
• you have failed to comply with these Website Terms of Use;
• you have failed to comply with the EquipmentConnect Terms and Conditions that apply to you; or
• your account is being misused, illegally or fraudulently used or is subject to other unauthorised use.

3. General usage

3.1 You agree that you will:
• only use the Website and the EquipmentConnect Platform for their intended purposes and in accordance with these Website Terms of Use and the EquipmentConnect Terms and Conditions that apply to you;
• provide us with accurate information and keep it updated;
• be responsible for your own virus protection software; and
• comply with all applicable laws in relation to the access to and use of the Website and the EquipmentConnect Platform.
3.2 You agree that you will not do (or attempt to do) any of the following:
• use the Website and/or EquipmentConnect Platform for any purpose that is unlawful, including any fraudulent use;
• use the Website and/or EquipmentConnect Platform in any manner that disrupts their operation or causes it to fail;
• hack, make unauthorised alterations to or introduce any kind of malicious code to the Website or EquipmentConnect Platform by any means;
• gain, or assist others in gaining, unauthorised access to the Website and EquipmentConnect Platform;
• reverse engineer or decompile (whether in whole or part) any software available through the Website;
• make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it (although you may make limited copies of your own account information for personal use);
• disguise or interfere in any way with the IP address of the computer you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website or the EquipmentConnect Platform;
• use bots, gaming algorithms or other automated methods to access or engage with the Website or the EquipmentConnect Platform; or
• use the Website and/or EquipmentConnect Platform to simulate communications from us or another service or entity in order to collect identity information, authentication credentials or other information.

4. Privacy and cookies

4.1 When you use the Website, we may collect information about your computer (including, where available, your IP address, operating system and browser type) and your interaction with the Website, including for the purposes of marketplace administration and service improvement. In particular, the Website uses cookies to collect information about you. If you use the Website, then you accept that we can use the cookies to enable us to tailor our service offering (including the Website) and to provide you with a better service.
4.2 You agree that all personal information you provide to us via the Website or the EquipmentConnect Platform may be collected, stored, processed and used in accordance with our Privacy Policy.
4.3 These Website Terms of Use should be read alongside and are in addition to the Privacy Policy and, by using the Website, the EquipmentConnect Platform and any other systems or services provided through them, you confirm that you have had a proper opportunity to read the Privacy Policy and agree to be bound by it. If you do not agree to the Privacy Policy, you must stop using the Website immediately.
4.4 We use the following cookies:
• Strictly necessary cookies: these are cookies that are required for the operation of the Website. They include, for example, cookies that enable you to log into secure areas of the Website. They do not gather information about you that could be used for marketing purposes or remembering where you’ve been on the internet.
• Analytical/performance cookies: these are cookies that allow us to collect information about how you use the Website, such as, how you move around the Website and if you experience any errors. These cookies do not collect any information that could identify you; all of the information collected is anonymous and is only used to help us improve the way the Website works, understand what interests our users and measure how effective our advertising is.
• Functionality cookies: these are cookies that are used to recognise you when you return to the Website. This enables us to personalise our content for you, greet you by name and remember your preferences and improve your visit.
• Targeting cookies: these are cookies that record your visit to the Website, the pages you have visited and the links you have followed. They are linked to services provided by third parties, such as “Like” and “Share” buttons. The third party provides these services in return for recognising that you have visited our website.
Generally, cookies which are strictly necessary for the operation of the Website will expire when you leave it. Other cookies may be more permanent or not expire unless you actively delete them. If you want to reject any of the cookies that we use, then you will need to change your website browser settings.

5. Intellectual Property Rights

5.1 www.equipmentconnect.co.uk is the uniform resource locator (URL) of EquipmentConnect in the UK. You will not make any use of this URL (or any other URL owned by us) without our prior written consent. You may not link to the Website without our prior written consent.
5.2 We have registered and unregistered trademark rights, and other rights, in relation to the words “EquipmentConnect” and the EquipmentConnect logos. You will not make any unauthorised use of these trademarks.
5.3 We are the owner or the licensee of all intellectual property rights in and to the Website and the EquipmentConnect Platform, and the content, information, imagery and data published on them, including copyright and trademark rights (whether registered or unregistered). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.4 You will retain ownership of all copyright in data you upload or submit to the Website. You grant us a worldwide, royalty-free, irrevocable licence to use, copy, distribute, publish and transmit this data in any manner (subject to our Privacy Policy).

6. Third party Websites

The Website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party website.

7. Disclaimers

7.1 We do not guarantee that the Websites will be secure or free from bugs or viruses.
7.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Websites and the EquipmentConnect Platform. You should use your own virus protection software.
7.3 We do not warrant or represent that the use of the Website, or any content taken from the Website, will not infringe the rights of any third party.

8. Glossary

Capitalised terms used in these Website Terms of Use have the following meanings:
• EquipmentConnect Platform: the online equipment leasing marketplace platform operated by EquipmentConnect that facilitates the leasing of Equipment between Lessors and Lessees.
• EquipmentConnect: The public brand of Barnsbury Road Finance LTD.
• EquipmentConnect Terms and Conditions: composed of the Equipment Supplier Terms and Conditions, the Lessee Terms and Conditions and the Lessor Terms and Conditions.
• Equipment Supplier: the manufacturer and/or supplier of the Equipment.
• Equipment Supplier Terms and Conditions: the terms and conditions that govern the relationship between an Equipment Supplier and EquipmentConnect, as amended or replaced from time to time.
• FAQs: a list of commonly-asked questions and answers to help Lessors and Lessees to engage and interact with the EquipmentConnect Platform.
• Hire Purchase Contract: the hire purchase agreement that sets out the terms of the leasing arrangement between a Lessor and a Lessee and includes the Key Contract Terms.
• Key Contract Terms: a summary of the Lease information for the Lessee which forms part of each individual Hire Purchase Contract, including details of the relevant Equipment and the relevant Lease Payments.
• Lease: the lease in relation to the relevant Equipment leased by a Lessee from a Lessor through the EquipmentConnect Platform pursuant to a Lease Request.
• Lease Application: an application for a Lease made by or on behalf of a Lessee.
• Lease Conditions: the standard terms and conditions governing the Hire Purchase Contract and which form part of the Hire Purchase Contract.
• Lease Payments: the standard payments to be made in respect of Equipment under a Lease as specified in the Key Contract Terms.
• Lease Request: a Lessee’s Lease Application when accepted by EquipmentConnect and listed on the EquipmentConnect Platform.
• Lessee: a Lessee under a Hire Purchase Contract or, as applicable, a person who is applying to lease Equipment from a Lessor through the EquipmentConnect Platform.
• Lessee Terms and Conditions: the terms and conditions that govern the relationship between a Lessee and EquipmentConnect, as amended or replaced from time to time.
• Lessor: a person who has a Lessor Account on the EquipmentConnect Platform, including those who lease to a Lessee under a Hire Purchase Contract.
• Lessor Terms and Conditions: the terms and conditions that govern the relationship between a Lessee and EquipmentConnect, as amended or replaced from time to time.
• Privacy Policy: EquipmentConnect’s privacy policy which is accessible here: www.equipmentconnect.co.uk/privacy.
• Website: www.equipmentconnect.co.uk and the EquipmentConnect mobile app.
• Website Terms of Use: these terms of use governing the use of the Website (including the EquipmentConnect mobile app).