Terms Of Use
1. lubricantsplm.bp.com (“PLM”) is a site operated by Castrol Limited ("Castrol"), a limited company. Castrol is registered in England and Wales under company number 149435 and has its registered office at Wakefield House, Pipers Way, Swindon, SN3 1RE. Castrol’s main trading address is Wakefield House, Pipers Way, Swindon, SN3 1RE. Castrol’s VAT number is [VAT NUMBER]. Castrol’s email address is: [insert details].
2. In consideration of you complying with the terms set out below (the “Terms”), you are permitted to access PLM via the internet using the username and password provided to you by Castrol in order to verify Castrol product information which you require in order to provide goods and/or services to Castrol, or any company or legal entity which is controlled by BP plc, where “control” means the ownership, directly or indirectly, of more than fifty percent (50%) of the voting rights in a company or other legal entity, the right to appoint the majority of the board of directors (or equivalent body) of a company or legal entity or the contractual right to exercise a controlling influence over a company or other legal entity, (the “Purpose”) and not for any other purpose.
3. You must not let anyone else use PLM or view the information contained within PLM (the “Information”), other than those of your employees who are required to use it in connection with the Purpose as part of their role (“Authorised Users”). You must keep your username and password secure and procure that all Authorised Users do so and let Castrol know immediately if you believe that anyone without authorisation has accessed your username or password.
4. If an Authorised User is no longer required or permitted to use PLM for any reason, including (but not limited to) where an Authorised User stops working for you, you must immediately inform Castrol and ensure that such Authorised User is no longer able to access PLM.
5. You undertake that you will hold in strict confidence and will not copy, disclose or use the Information for any purpose other than the Purpose provided that the obligation not to use and not to disclose shall not apply to disclosure to Authorised Users or to any of the Information which is now or hereafter becomes through no fault of yours, public knowledge.
6. You must provide Castrol with a full list of all of the Authorised Users which you must keep up to date at all times. You must inform all Authorised Users that they are subject to the obligations set out in these Terms including (without limitation) the obligations of confidentiality and procure that they comply with these Terms.
7. If you do not comply with paragraphs 2 to 6 above, you will indemnify Castrol for all losses, claims, damages and expenses (including legal expenses) arising in connection with your non-compliance.
8. Castrol does not warrant that PLM is free from any defects or faults or that it will always be available.
9. All intellectual property rights in PLM, any downloads from PLM and the Information, including (without limitation) copyright, are the property of Castrol and no rights in PLM and the Information are granted to you other than the right to access PLM and use the Information for the Purpose.
10. The Castrol name and logo are registered trade marks of Castrol Limited. All other trade marks, product names, and company names or logos used in this website are the property of either their respective owners or Castrol Limited. No permission or licence (whether express or implied) is hereby granted regarding the use of any such trade marks, get-up, product names, logos or titles, and such use may constitute infringement of the holder’s rights.
11. Castrol will need to store personal data (as defined in the Data Protection Act 1998) relating to the Authorised Users in order to manage their use of PLM. Castrol will only use such personal data for this purpose and will ensure that it is stored safely and is not accessed by any unauthorised third party. If Castrol wishes to use the personal data for a new purpose, beyond what it was originally provided for, it will ask for consent from the Authorised Users.
12. Castrol hereby excludes any warranties which are implied by law. You will be liable for your use of PLM including (but not limited to) any related claims and losses.
13. Castrol will not be liable for any losses, claims, damages or expenses arising from your use of PLM in accordance with these Terms, except in respect of any death or personal injury arising from Castrol’s negligence or any fraudulent misrepresentation on the part of Castrol or its employees or agents in which case Castrol’s liability will be unlimited.
14. Castrol may terminate your right to use PLM immediately on written notice if you do not comply with these Terms and, if such failure can be remedied, do not do so within 28 days of written notice from Castrol asking you to remedy the failure
15. Your use of PLM and downloads from it, and the operation of these terms and conditions, shall be governed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of your use of PLM.
16. In the event that any or any part of the terms contained in these Terms and conditions shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such terms shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by the applicable law.