LGV Drivers Choice Ltd Business Terms & Conditions

LGV DRIVERS CHOICE Business Terms & Conditions

 

 

 

 

 

 

 

 


LGV Drivers Choice Ltd

Driver Induction – Terms and Conditions

Our package includes a Unique Link to Internet based Driver Compliance Program, which includes 10 stages plus video resources.  We provide a Driver Manual in a PDF file for self-printing.  We provide a Compliance Program Check List Booklet with Policies in a PDF file for self-printing.  We supply a Certificate of Completion for self-printing.

To receive access to your Driver Compliance Program, you will firstly be invoiced by e-mail for the Annual Licence Fee of £125.00 + VAT.  Payment is to be made by Bank Transfer to our nominated account.   Once payment is received the Unique Link and PDFs will be sent to you by email.

Opening this Link means you accept our Terms and Conditions of use.  Any unlawful use of this Link will result in its removal.

The Annual Licence covers you for UNLIMITED USE AND FREE LEGISLATIVE UPDATES DURING THE YEAR and access to our Helpline on 01304 830900. 

You will be reminded one month before your Annual Licence become renewable.  Once paid, your Unique Link will be available for a further year.  If, at renewal date, your annual fee has not been received your Unique Link will be removed from use.

Once you have made the agreement to go ahead with purchasing one year’s annual subscription to LGV Drivers Choice Ltd’s Driver Compliance Program, you will be invoiced for £125 + VAT.   The unique internet link and associated documentation will be issued to you within 7 days of receipt of payment.

We can also provide a bespoke service with a package tailored to you, to include your Logo, colours, a Company Introduction and Chairperson/Line Manager video if required.  The setup fee is £250.00 plus the Annual Licence Fee £125 plus VAT.  Your own photographs and an on-line test can be added, if required, for which an extra charge is applicable. Please contact us for more information.

Important notice: Please read carefully before purchasing our Driving Compliance Program.

This is a legal agreement between you (Licensee or you) and LGV Drivers Choice Ltd) for your purchase of one year’s subscription to LGV Drivers Choice Ltd’s Driver Compliance Program.

By agreeing the final figure quoted you agree to these terms which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not sell our Driver Compliance Program to you.

Intellectual Property Rights

LGV Drivers Choice Ltd Driver Compliance Program and itscontent are protected by intellectual property rights.

You acknowledge that all intellectual property rights in the Driver Compliance Program, Training Materials and the Documentation belong to LGV Drivers Choice Ltd and that rights in the Driver Compliance Program, Training Materials and the Documentation are licensed (not sold) to you and that you have no rights in or to the Driver Compliance Program, Training Materials or the Documentation other than the right to use them in accordance with the terms of this Licence.

You may copy the Driver Manual, Compliance Program Record Sheet, Policies and the Certificate for your own Driver use.  Apart from which, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Driver Compliance Program, in whole or in part.  You agree to supervise and control use of the Driver Compliance Program Link, Training Materials and Documents and ensure that they are used by your employees in accordance with the terms of this Licence.

Licensor’s Liability

Nothing in this Licence shall exclude or in any way limit the Licensor's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.

The Licensor shall not be liable under, or in connection with, this Licence or any collateral contract for:

loss of income;

loss of business profits or contracts;

business interruption;

loss of the use of money or anticipated savings;

loss of information;

loss of opportunity, goodwill or reputation;

loss of, damage to or corruption of data; or

any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;

except for matters caused by the Licensor’s negligence or wilful default (or that of its employees and agents), the Licensor shall not be liable to you for any loss, harm or damage caused to any candidate, candidate’s property or your premises for any Driver Compliance Program conducted by the Licensor on your premises.  You agree to indemnify and hold harmless the Licensor against all cost or losses suffered or incurred by the Licensor due to claims, demands, suits, proceedings, actions, losses, judgments, damages, costs (including all reasonable legal fees), expenses, fines or penalties or

actions against the Licensor arising out of or relating to a third party's any alleged harm, loss or damage caused to a person, property, or to your premises on which the Driver Compliance Program takes place, due to any cause other than the Licensor’s negligence or wilful default (or that of its employees and agents).

Subject to what is provided above, the Licensor's maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to £500.

The Licensor's liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK.

These terms set out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Driver Compliance Program, Training Materials and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence.

The Licensor may terminate this Licence immediately by written notice to you if

you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or

a petition for a bankruptcy order to be made against you has been presented to the court; or

the Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986).

Upon termination for any reason:

all rights granted to you under this Licence shall cease;

you must cease all activities authorised by this Licence;

you must immediately pay to the Licensor any sums due to the Licensor under this Licence; and

you must immediately delete or remove the Training Materials or Documentation from all computer equipment in your possession, and immediately destroy or return to the Licensor (at the Licensor's option) all copies of the Training Materials and Documentation then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.

Transfer of Rights and Obligations  

This Licence is binding on you and us, and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

Waiver

If we fail at any time during the term of this Licence, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

General

Any notice required or permitted to be given by either party to the other under these terms shall be in writing, by letter or email.

If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.

[The terms are governed by the laws of England and the parties submit to exclusive jurisdiction of the courts of England.]

Entire Agreement    

These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of Driver Compliance Program, Training Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Our pricing structure is subject to annual review.

We have the right to revise and amend these terms and conditions from time to time.

 

 

January 2017

 

Contact us now to discuss the best choice for your Operation

 

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Testimonials

"This easy-to-use, comprehensive and fully narrated CD-ROM explains in a step-by-step format, how to load a Large Goods Vehicle, where the weight should be placed and how the load should be secured."
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