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Terms & Conditions

 

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions the following words and expressions shall (unless the context shall otherwise require) bear the following meanings:-

"Booking" the order of a courier by a User on the Website;
 
"TEG" Transport Exchange Group Limited (registered number: 3464353) whose registered office is at Newstead House, Pelham Road, Nottingham NG5 1AD, and who operate a family of Websites for the transport industry;
 
"Cookies" encoded information that the Website sends to the User's computer to enable TEG to use and store information in relation to the User;
 
"Information" all Information displayed on the Websites operated by TEG;
 
"Message Confirmation" confirmation of a Booking through TEG websites via fax, email, SMS, real time web interface, mobile data or such other medium as TEG may from time to time provide on their Websites;
 
"Services" means the subscription packages and other services a Subscriber has ordered from TEG as more particularly described on the Website;
 
"Subscriber" means all sole traders, partnerships, companies or other entities who subscribe to the Website for the Services;
 
"Terms" these terms and conditions;
 
"User" All individuals, partnerships, companies or other entities (including Subscribers) which access the Website for any reason;
 
"Web Link" the hypertext link from courierexchange.co.uk to a third party website;
 
"Website" the websites located at the domain names operated by TEG including "courierexchange.co.uk", "haulageexchange.co.uk", "cxmobile.com" which TEG owns and operates or any alternative website that TEG owns and may operate from time to time;
 
1.2 For the purposes of these Terms, TEG shall include all subsidiary, holding, group or associated companies of it.
1.3 These Terms do not create any right enforceable by a person not a party to them.
1.4 The headings in this Agreement are inserted only for convenience and shall not affect its construction.
1.5 Where appropriate words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine and neuter genders and vice versa.
1.6 Reference to any statute or statutory provision includes a reference to the statute or statutory provision as from time to time amended, extended or re enacted.

2. TERMS OF USE

2.1 This page states the Terms under which the User may use TEG Websites. The User must read this page carefully. In the event that the User does not accept the Terms, the User should not continue to use the Website.
2.2 The User indicates his acceptance of the Terms and is deemed to be bound by the Terms by his use of the Website and in doing so is also deemed to accept and be bound by any additional terms which expressly apply to services and information provided by third parties which are displayed within the Website.
2.3 Certain areas of the Website are available only to registered users. The Terms however apply at all times to all Users.
2.4 TEG may revise the Terms at any time by updating this posting. The User should visit this page periodically to review the Terms as any revision of the Terms shall be binding upon the User.
3. USE OF THE WEBSITE

3.1 The Website is a venue only and is provided by TEG on an "as is" basis. The Information provided within the Website is displayed by TEG to assist the User in procuring contracts for the carriage of goods. The User acknowledges that no contract for supply of goods or Bookings (whether express or implied) exists between TEG and the User other than the contract between TEG and a Subscriber in accordance with clauses 5 and 7.
3.2 The User may use, print and download Information from the Website for this purpose only and for no other personal purpose. The User may not otherwise copy, display, transmit or distribute the Information from the Website.
3.3 All Information is the property of TEG or its third party contributors. The compilation being the collection, arrangement and assembly of all content on this Website is the exclusive property of the Company. The User acknowledges that unauthorised use of Information by the User may violate copyright, trademark, and other laws. The User must retain all copyright, trademark and other proprietary notices contained in the original Information on any copy made by the User of the Information.

4. PROHIBITED USES

4.1 TEG prohibits any use of the Website and the User agrees not to use the Website, for any of the following:-
4.1.1 Posting any incomplete, false information or information which the User knows or ought to have known is inaccurate;
4.1.2 Deleting or revising any information posted by any other person or entity;
4.1.3 If the User has registered and uses a password the User must not allow third parties access to any area of the Website which is restricted to a password user or disclose to or share the password with any third parties or use the password for any purpose;
4.1.4 Copying or adapting any computer code in the Website that TEG creates to generate its pages;
4.1.5 Post material that infringes the intellectual property rights of third parties whether such parties are attached to a Web Link or not;
4.1.6 Post any information which is obscene and/or defamatory;
4.1.7 Post information that contains viruses or programs that may destabilize the operation of the Website.

5. SUBSCRIPTION TO THE WEBSITE

5.1 TEG invites a User to subscribe to the Website or contact TEG directly by telephone to become a Subscriber for the Services.
5.2 A legally binding contract between TEG and a Subscriber shall only arise when:-
5.2.1 the Subscriber has provided such information as TEG may reasonably require to complete the registration and validation process;
5.2.2 the Subscriber has selected which subscription package it requires;
5.2.3 TEG has received an advance payment from the Subscriber for the Services for the minimum subscription period applicable at that time (or such other period as TEG may agree);
5.3 TEG will not disclose to any third party such personal information without the prior written consent of the User except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such personal information is relevant.
5.4 TEG may use such information interpreted from Cookies in order to preserve the integrity of the User's password and username and may also use the Cookies for statistical analysis for the benefit of Users of the Website.
5.5 Any refund of pre-paid subscription fees before the expiration of the minimum subscription period selected by the subscriber are at the sole discretion of TEG; in the event that TEG agrees to a refund either in whole or part, this will apply to the whole months unused only and a cancellation fee will apply which will be deducted from the refund cheque to cover the administration, set-up and support costs incurred by TEG.

6. VALIDATION OF A SUBSCRIBER

6.1 In order to complete its subscription to the Website, a Subscriber must be validated by TEG. A Subscriber who has not completed or failed this validation process shall not be subscribed to the Website
6.2 To enable TEG to undertake the validation process a Subscriber shall supply to TEG the following (which is not exhaustive):
6.2.1 copies of its insurance details including but not limited to all vehicle insurance policies, Goods in Transit policies, public liability and employer's liability policies, professional indemnity policies, and such other policies as TEG may from time to time request.
6.2.2 a copy of all relevant licenses including but not limited to operating licences and ISO9002 registrations.
6.3 In the event that a Subscriber fails to deliver any of the copy documents listed in 6.2.1 and 6.2.2 inclusive or in the sole discretion of TEG such documentation is deemed not be satisfactory, TEG shall not validate the Subscriber by allowing the Subscriber to complete its registration to the Website.

7. RENEWAL OF SUBSCRIPTION

7.1 When a Subscriber's subscription period expires, TEG invites the Subscriber to renew its subscription to the Website.
7.2 A new legally binding contract between TEG and the Subscriber shall only arise when:-
7.2.1 the Subscriber has selected which subscription package it requires;
7.2.2 TEG has received a further advance payment for the Subscriber for the Services for a further minimum subscription period applicable at that time (or such other period as TEG may agree);
7.2.3 the Subscriber has provided details of any changes, renewals or additions to any documents referred to in clause 6 or has confirmed that the details it provided upon its initial subscription still subsist and are up to date.
7.3 In the event that the Subscriber does not renew its subscription pursuant to clauses 7.1 and 7.2, TEG may treat the original contract as terminated and pursue all its legal remedies as set out in clause 15 and TEG may in its sole discretion remove the Subscriber's TEG Accreditation and Star Rating.

8. ACCREDITATION

8.1 Depending upon which subscription package a Subscriber selects, a Subscriber may be awarded a TEG Accreditation and Star Rating.
8.2 This Accreditation and Star Rating shall be displayed on the Website together with such details relating to the Subscriber as TEG may reasonably require.
8.3 The Subscriber shall grant TEG a licence to display such personal information on the Website and use any intellectual property rights connected with such information.
8.4 The Subscriber shall use best endeavours to ensure that all the data displayed in relation to Accreditations and Star Rating is accurate, correct and up to date and the Subscriber shall indemnify TEG for any losses incurred by TEG or a third party in relation to any error, omission or inaccuracy.

9. SECURITY

9.1 The Subscriber is responsible in all respects for the Subscriber's use of and for protecting the confidentiality of the password and username which may be given to or selected by the Subscriber for use on the Website and agrees to immediately notify TEG of any unauthorised use of the password or username given to or selected by the Subscriber. Unauthorised disclosure, use of the password and/or username by a Subscriber shall entitle TEG to terminate these Terms in accordance with clause 15.
9.2 TEG shall not be liable for any loss or damage arising from the failure of the Subscriber to comply with this term.
10. AVAILABILITY OF THE WEBSITE

10.1 TEG shall use its reasonable endeavours to ensure continuous accessibility of the Website & associated services but does not accept any liability arising from any errors omissions interruptions or delays or any ongoing obligation to operate the Website & associated services howsoever caused.
10.2 TEG in its absolute discretion may vary the specification of the Website & associated services at any time without notice to the User.

11. LINKS & THIRD PARTY CONTENT

11.1 The Website contains Web Links to third party websites which are provided to assist the User and not as an endorsement by the Company of the contents of such third party websites.
11.2 TEG does not accept any liability in respect of the content of these third party websites which are linked to the Website and does not make any representations or warranties regarding the content or accuracy of any information or materials on such third party websites nor authorise any act which may be in breach of copyright or any other third party rights which are protected in law or by international treaties worldwide..
11.3 The User chooses to access such third party websites which are linked to the Website at his own risk.

12. LIABILITY

12.1 TEG make no representations or warranties of any kind with respect to this Website or its contents. TEG disclaims all such representations and warranties. In addition, TEG makes no representations or warranties about the accuracy of Bookings or the completeness or suitability for any purpose of the Information and related graphics published in this Website. The Information contained in this Website may contain technical inaccuracies or typographical errors. TEG expressly exclude all liability howsoever arising for any such inaccuracies or errors to the fullest extent permitted by law.
12.2 TEG nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
12.3 TEG nor its directors, employees or other representatives, will be liable for any type of loss incurred by the User arising from:-
12.3.1 any delays, failures to deliver or corruption of Message Confirmation caused by factors outside TEG's control including but not limited to interference, interruption, third party provider default in respect of email, fax, SMS text messaging, real time web interface, real time mobile data service or such other medium used by TEG; or
12.3.2 any breach of contract or in performance of contract by a third party courier or;
12.3.3 the unavailability of any Booking or third party courier to deliver goods.
12.4 Notwithstanding the foregoing, none of the exclusions and limitations in this disclaimer are intended to limit any rights the User may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit TEG's liability to the User for death or personal injury resulting from its negligence or that of its employees or agents.
12.5 The User must notify TEG immediately if anyone makes or threatens to make a claim against the User relating directly or indirectly to the use of the Website by the User.

13. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

13.1 TEG is the proprietor of the domain names known as "courierexchange.co.uk", "haulageexchange.co.uk", "cxmobile.com" and various other websites, and is the proprietor of the copyright of those websites.
13.2 All other trade marks, brand names, product names and titles and copyrights and other associated intellectual property rights used in the Website are owned by their respective third party holders and TEG does not give the User permission (whether express or implied) to use such intellectual property rights and such use may constitute an infringement of the holder's rights.

14. INDEMNITY

14.1 The User agrees to indemnify and hold TEG and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits), goodwill or business opportunities arising from any third party claim in relation to any content the User uploads, posts or e-mails on or through the Website, or his use of the Website, or his breach of the provisions of these Terms.

15. TERMINATION

15.1 TEG reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to issuing a warning, temporary suspension of the Subscriber's password, indefinite suspension, and immediate termination of registration and/or any other service provided to the User by TEG, upon any breach by a User or Subscriber of these Terms or if TEG is unable to verify or authenticate any information submitted by a User to the Website in connection with registration or otherwise.

16. DATA PROTECTION

16.1 For the purposes of data protection legislation within the United Kingdom the User hereby consents to the processing of "personal data" by TEG (as defined by the Data Protection Act 1998) by submission of his personal information on the Website and TEG agrees that it will treat the personal data as confidential.
16.2 TEG shall only use the personal information submitted by the User on the Website for the purposes which the User has consented to and TEG shall not sell rent or pass on such personal information to third parties without prior consent of the Users unless required by law.
16.3 The User acknowledges and agrees to be bound by the terms of TEG's privacy policy.

17. FORCE MAJEURE

17.1 TEG will not be in breach of these Terms or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, factors specified in clause 12.3, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

18. INVALIDITY

18.1 If any part of these Terms is unenforceable (including any provision in which TEG excludes its liability to the User) the enforceability of any other part of these Terms will not be affected.

19. ENTIRE AGREEMENT

19.1 These Terms together with any document expressly referred to within its provisions, contains the entire agreement between The User and TEG relating to the subject matter covered and supercedes any previous agreements, arrangements, undertakings, or proposals, written or oral between these parties in relation to such matters or any statements made to the User by TEG by any person, including (without limitation) any of the employees or agents of TEG Save for fraud or fraudulent misrepresentation, TEG shall have no liability for any such representation being untrue or misleading.
20. CHOICE OF LAW AND JURISDICTION

20.1 Each and every transaction carried out on or as a result of the services on the Website is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The provisions in these Terms (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
 

©Transport Exchange Group Limited 2005



© Transport Exchange Group Ltd