Terms of Service

Effective 13 December 2024

About these Terms

• These Terms of Service (“Terms”) help define Alexander Dennis’ relationship with you, the person accessing or using the Services (‘you’ or ‘your’), as you interact with our Services (defined below) apply between Alexander Dennis and you.
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• When we refer to ‘Alexander Dennis’, ‘we’, ‘our’, or ‘us’ we mean Alexander Dennis Limited a company registered in Scotland (company number SC268016) with our registered office at 9 Central Boulevard, Central Park, Larbert, FK5 4RU, United Kingdom. This includes our affiliates in the United Kingdom and other territories.

These Terms are without prejudice to any agreements between AD and a purchasing entity for the sale and purchase of AD manufactured vehicles (including any aftermarket, parts, and servicing agreements) (“Vehicle Contract”). In the event of any conflict, these Terms take precedence over the Vehicle Contract but only in relation to the Services.

• You should read these Terms carefully because to use our Services you must accept these Terms. If you do not agree with any of these Terms, you should stop using our Services immediately. The permission that we give you to access and use our Services continues as long as you comply with these Terms, and any other terms we may issue to you.
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• Services

These terms apply to the following “Services” provided by Alexander Dennis:

• • websites – like alexander-dennis.com and ad24.direct
• • platforms – like AD24, Alexander Dennis’ aftermarket support business with its online functions provided via a web-based software program accessed at https://www.ad24.direct/.
• • applications – like AD Connect, Alexander Dennis’ web-based application hosted on https://www.ad24.direct/, displaying live and historical fleet information in respect of vehicles supplied by AD to a customer under any Vehicle Contract(s). 

We may (with or without prior notification) from time to time, add, modify, suspend or cease (temporarily or permanently) the features and functionality of, or improve or update, the Services (including carrying out scheduled or emergency maintenance or down-time).

Using our Services

We give you permission to access and use our Services if you agree to follow these Terms.

We give you permission to access and use AD24 and AD Connect solely for your internal business operations in connection with vehicles supplied by AD.

Using Services on behalf of an organisation or business

If you create a user account or access and use our Services on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms.

User accounts

Some Services require that you have a user account in order to access them. If we create a user account for you then you must:

• • only access and use the Services using the access details, account information, identifications, or passwords (“Login Credentials”) allocated to you and via the access method provided by us;
• • not provide access to (or permit access by) anyone other than you;
• • keep your Login Credentials safe and secure and not share them with any third party; and
• • promptly notify us if you believe your Login Credentials have been compromised or you suspect unauthorised use or access to the Services using your Login Credentials.

You cannot transfer your user account or Login Credentials to another user or entity.  You are solely responsible and liable for any failure to keep your Login Credentials secure. We will be entitled to treat all communications, instructions and transactions as authorised by you if your Login Credentials are used unless you have notified us of compromise or unauthorised use of your Login Credentials. 

• Your responsibilities when using Services

The permission we give you to access and use our Services continues as long as you comply with these Terms.

• You must not abuse, harm, interfere with, or disrupt our Services, including by:
• • introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack);
• • attempting to gain unauthorised access to our Services; or
• • circumventing or attempting to circumvent any technological measures designed to maintain the integrity and security of the Services or engage in any activity that interferes or disrupts the Services or any computer, software, network or other device used to provide the Services;
• • using the Services:
  • – for any purpose that is unlawful under any applicable law or prohibited by these Terms;
  • – to commit any act of fraud;
  • – to distribute viruses or malware or other similar harmful software code;
  • – for purposes of promoting unsolicited advertising or sending spam;
  • – to simulate communications from us or another service or entity in order
  • – to collect identity information, authentication credentials, or other information (‘phishing’);
  • – in any manner that disrupts the operation of our Services or business or the website or business of any other entity;
  • – in any manner that harms minors;
  • – to promote any unlawful activity;
  • – to represent or suggest that we endorse any other business, product, or service unless we have separately agreed to do so in writing;
  • – to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
  • – to attempt to circumvent password or user authentication method.
• If you breach of these Terms we may (without prejudice to any other rights of remedies we may have) take any action we consider necessary to remedy the breach, including but not limited to restrict, suspend, or terminate your access to the Services where:
• • your user account is removed;
• • we suspect, in our reasonable opinion, fraudulent or unauthorised activity; or
• • you do not comply with this Terms or any applicable law.
• You must notify us as soon as you become aware of any actual or suspected unauthorised use of the Services or any other breach of these Terms.

Content

• Your content

Some of our Services allow you upload, submit, store, send, receive, or share information including anything owned or controlled by you (your“content”). By providing any content to us, you confirm you have the necessary authority to do so, and that the content is lawful.

You retain all intellectual property rights in and to your content.

You grant Alexander Dennis a perpetual, non-exclusive, transferable, sublicensable, irrevocable, worldwide, royalty free licence to use, copy, modify, publicly display, publicly perform, reproduce, translate or create derivative works from your content:

• • to allow us to operate, provide, maintain and improve the Services;
• • in connection with any warranty claim or any other claim under any Vehicle Contract;
• • to allow us to perform our obligations under these Terms, any Vehicle Contract, and any applicable law; and
• • for our internal business purposes, including research and development.

This licence lasts for as long as your content is protected by intellectual property rights. 

• Our content 

The intellectual property rights in the Services and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Services (“AD Content”) are owned by us and our licensors.

Although we give you permission to use our Services, we reserve all our intellectual property rights in the Services and AD Content including, but not limited to:

• all intellectual property rights in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Services.
• all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.

Nothing in these Terms grants you any legal rights in the Services or AD Content, other than as necessary for you to access and use the Services.

“Alexander Dennis” and the “AD” mark, “AD24” and the “AD24” mark, and the “Enviro” range, are our trade marks. This list is non-exhaustive and use by you of any of our trade marks, logos, or trade names is strictly prohibited unless you have our prior written permission. Other trademarks and trade names may also be used when providing the Services.

Other content

Some Services may give you access to content that belongs to other people or businesses, or may include hyperlinks or references to third party websites (“other content”). Other content is provided for your convenience only, we have no control over other content and accept no legal responsibility for any content, material or information contained in other content. The use of any other content does not mean that we endorse it or any 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 site and use of other content is at your own risk.

Links

You may create a link to one of our websites from another website without our prior written consent provided such link does not:

• create a frame or any other browser or border environment around the content of our website(s);
• • implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our website(s);
• • displays any of the trademarks or logos used on our website(s) without our permission or that of the owner of such trademarks or logos; or
• • is placed on a website that itself breaches these Terms.

We reserve the right to require you to immediately remove any link to our websites at any time, and you shall immediately comply with any request by us to remove any such link.

Our responsibility to you

• Liability
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• Our liability to you in connection with these Terms or your use of the Services is limited to foreseeable loss or damage that you suffer as a direct result of our negligence, up to the aggregate value of £1,000.
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• We are not liable to you for any of the following (whether direct or indirect):
• • loss of profit or revenue;
• • loss of data;
• • loss of contract, business, or commercial opportunity;
• • harm to reputation or loss of goodwill.

We will not be liable to you, or deemed to be in breach of these Terms, for any delays or failures in our performance of these Terms resulting from any event or sequence of events beyond our reasonable control preventing or delaying us from performing our obligations under these Terms; or for any breach of these Terms by you.

• Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
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• Disclaimer 

The Services are provided on an “as is” basis without warranty or condition of any nature and any reliance you may place on the Services, or any information contained in or displayed by the Services, is at your own risk. All warranties, representations, liabilities, conditions and other terms, whether expressed or implied, including but not limited to implied warranties of merchantability and fitness or suitability for a particular purpose, and expressed or implied warranties by statute, common law, are excluded to the maximum extent permitted by law.

In particular, we do not warrant, guarantee, or promise:

• • that the Services will be:
  • – accurate or up-to-date;
  • – free from bugs, minor errors or defects;
  • – available at all times;
  • – uninterrupted; or
  • – fit or suitable for any purpose.
• • the quality, accuracy, or completeness of AD Connect, any telematics data, or any fleet management data, reports, analytics, and metrics, based on telematics data.
• • that the Services are compliant with local laws in locations outside of the UK. If you choose to access the Services from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

The Services and AD Content are provided for your general information purposes only and have not been tailored to your specific requirements or circumstances. They do not constitute technical, financial, or legal advice or any other type of advice and you should not rely on the Services for any of these purposes. You should always use your own independent judgment when using the Services and AD Content.

The Services may make use of services, goods, products, data, information, content, intellectual property rights, websites, software and other materials (including wireless telecommunications technology, networks, and services) (“Third Party Materials”) and you understand and agree that:

• • you have no contractual relationship with any supplier of such Third Party Materials and suppliers have no responsibility or liability of any kind to you;
• • nothing in these Terms grants you any rights in connection with any Third Party Materials; and
• • AD accepts no responsibility or liability for any Third Party Materials.

General

Data Protection

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice (available at https://www.alexander-dennis.com/privacy-notice/), which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Changes

We reserve the right to vary these Terms from time to time. Updated Terms will be displayed on https://www.alexander-dennis.com/ and by continuing to use and access the Services following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations. No changes to these Terms are valid or have any effect unless agreed by us in writing.

Rights and remedies

Our rights and remedies under these Terms are without prejudice to any other rights or remedies we may have.

Severability

If any part of these Terms is held to be illegal, invalid, or unenforceable, the rest of these Terms will remain enforceable and valid.

Waiver

Where we do not exercise any right we have under these Terms, this does not mean we have waived this right, nor does it restrict us from exercising it at a later date.

Third parties

No one other than you or Alexander Dennis has any right to enforce any of these Terms.

Communication

All communications and notices to Alexander Dennis should be sent to the contact details published on our website.

Governing law and Jurisdiction

These Terms and any dispute or claim arising out of, or in connection with, them, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of Scotland and the parties irrevocably agree that the courts of Scotland will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, its subject matter or formation (including non-contractual disputes or claims).