Terms and Conditions
Service Agreement – Van Driver Safety Training
|LOGISTICS UK||Freight Transport Association t/a Logistics UK (company number 00391957) of Hermes House, St John’s Road, Tunbridge Wells, Kent, TN4 9UZ|
|Customer (“you, your”)||Any person in that person’s capacity as:A purchaser of online van safety training via the LOGISTICS UK website; and/orA user of the LOGISTICS UK van safety training website (‘Website’)|
1. Background to this agreement
- LOGISTICS UK offers online van safety training that the Customer wishes to access (‘Services’).
- The Customer confirms that they are not purchasing the Services as a consumer i.e. they are acting within their trade, business, craft or profession.
2. The agreement between the Parties
- The following comprises the Individual Agreement between the partieswhoagree to be legally bound to the following, which form the terms and conditions in relation to the Services (in order of priority if there are inconsistencies, and no other terms and conditions apply).
- A) This Service Agreement.
- B) Other documents, websites identified by a link, or the link of any of these which are communicated (or in the case of a website, the relevant link has been communicated) between the Parties.
- C) LOGISTICS UK’s Standard Terms and Conditions (2020 Version) which the parties acknowledge they have read and understood.
- The definitions and rules of interpretation in the terms and conditions described in item 2.1(c) shall also apply to this Service Agreement, unless otherwise clearly indicated.
3. When an Individual Agreement is formed
- Step 1: The Customer must first create an account by clicking on the ‘Create Your Free Account Link’. After an account has been created the Customer will have access to the dashboard where they may add credits.
- Step 2: The Customer adds credits to their shopping cart.
- Step 3: Once the desired number of credits have been added the Customer may view their shopping cart and proceed to checkout.
- Step 4: By completing the information on the checkout webpage and clicking on “Place Order” the Customer will have consented to all aspects of the order, including all Charges indicated and will have accepted the terms and conditions forming the Individual Agreement.
- For the avoidance of doubt, each separate purchase by the Customer of credits shall form a separate Individual Agreement.
4. Payment arrangements
- Payment will be made in UK Sterling only and all Charges are confirmed at the time of placing an order.
- Customer should be aware that if their card operates in a different currency to that in which they pay the Charges they may be subject to exchange rates and any further charges as decided by their bank or card provider.
- The Charges will include VAT and the LOGISTICS UK VAT number is GB217853550.
- If paying by BACS, failure to pay within Account payment terms may result in withdrawal of Service
5. Changing an order
- Subject to clause 9.3, credits purchased by the Customer are non-refundable; however, the Customer may transfer a credit from within the Website to a different candidate from that which it was first assigned, provided the course has not been started. Credits cannot however be transferred between accounts.
- An Individual Agreement may not be terminated by either party for convenience.
6. Use of the Website
- Even prior to placing an order for Services, by using the Website you are deemed to have agreed to be bound by these terms and conditions in relation to such use.
- If you do not wish to agree to be bound by these terms and conditions, you are not permitted to use the Website.
- The content of the Website is for general information and training only and LOGSITCS UK does not intend to provide any professional advice on which you should rely. Links to other websites belonging to third parties are for information only of which LOGSITCS UK does not have any control and you should not infer from those links any recommendation from LOGISTICS UK or anyone else regarding those websites.
- LOGISTICS UK does not guarantee that any of the information provided on the Website is accurate, up-to-date or complete but will use reasonable endeavours to ensure the information is accurate, up-to-date and complete. This does not exclude LOGISTICS UK’s liability for fraudulent misrepresentation. LOGSITICS UK may change information on the Website at any time in order to meet the needs of users and for business needs.
7. Linking to the Website
- Customer may link to any page on the Website, but not in any way that:
- Is from any website which you do not own or control; and/or
- Is unlawful; and/or
- Harms the reputation and good name of LOGISTICS UK and/or anyone associated with it; and/or
- Takes advantage of the reputation and good name of LOGISTICS UK and/or anyone associated with it (e.g. by suggesting any endorsement or commercial or other association) except to the extent agreed in writing by LOGISTICS UK and/or that associated person. Please contact LOGISTICS UK if you wish to seek such permission.
- LOGISTICS UK may withdraw the above permission at any time, without prior notice and without requiring a reason for doing so.
- Where LOGISTICS UK has reasonable grounds to believe you have used the Website, in its URL and in all material published on the Website in a way that infringes the intellectual property rights of LOGISTICS UK and/or its licensors it may discontinue your right to use the Website. This does not exclude other rights and remedies of LOGSITICS UK or anyone else.
- All intellectual property in the Website, in its URL, in all material published on the Website, and in LOGISTICS UK’s trademarks belongs to LOGISTICS UK or its third party licensors. All rights in relation to any of these are reserved to LOGISTICS UK or its relevant third party licensors. You must not take copies of or print any training material from the Website without first receiving written authorisation to do so from LOGISTICS UK.
- When creating an account via the Website the Customer warrants that they will provide true, accurate, current and complete information about themselves as prompted by the relevant registration form and that this information is materially correct at the time. LOGISTICS UK may remove a registration (without communicating the matter to the Customer) if it has reasonable grounds to believe either of the above is not the case.
- Customer must ensure that any user ID, password or similar security information (whether chosen or allocated by LOGISTICS UK) remains confidential and is not disclosed to anyone except as required by law. LOGISTICS UK may disable any security information at any time if it has reasonable grounds to believe the Customer has failed to comply with this clause 8.4.
- All users of the Website must comply with the following:
- Not swear or express any antisocial behaviour.
- Not seek to collect, compile or database information from the Website.
- Trick or defraud others by way of false identity.
- Seek to circumvent or abuse any of the security features of the Website.
- Disparage, tarnish, or otherwise harm the reputation and good name of LOGISTICS UK.
9. Website availability
- Customer should ensure that its relevant devices and software are suitable to enable it to use the Website.
- LOGISTICS UK does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. LOGISTICS UK may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons.
- Customer will be given reasonable notice of any withdrawal of the Website. Where such notice is received, Customer may request a refund of any purchased but unused credits by sending an email to firstname.lastname@example.org.
10. Data Protection
- In providing the Services to the Customer, LOGISTICS UK will be acting as a Data Processor and the data processing terms within section 21 of the Standard Terms and Conditions shall apply.
- The subject matter, scope, nature and purpose of the processing by LOGISTICS UK and the types of personal data being processed will be as follows.
Subject Matter: Candidate booking and training. Nature of Processing: Candidate information received to enable appropriate course bookings and training delivery. Purpose of Processing: To ensure that the requested drivers receive the appropriate level of training and consequent certification and/or results to demonstrate comprehension and understanding. Types of Customer Personal Data: Name, job role, phone number, payment details, employer, employer location, training & skills performance data, time, and course execution data. Categories of Data Subject Customer Personnel
- Customer Personal Data will be retained by LOGISTICS UK for a minimum of 6 years as required by LOGISTICS UK’s quality assurance body (JAUPT) following completion of the training and downloading of the course certificate. After this time the relevant Customer Personal Data will be permanently deleted by LOGISTICS UK unless there is a requirement to keep it by Law.
- The Customer consents and authorises LOGISTICS UK to appoint Epignosis LLC (‘Epignosis’) to process the Customer Personal Data as a Subcontractor.
- The Customer further consents to LOGISTICS UK transferring Customer Personal Data outside of the UK to the USA which is where Epignosis will store the Customer Personal Data. LOGISTICS UK confirms to the Customer that the conditions contained within clause 21.16 of its Standard Terms and Conditions in respect of such transfers shall be fulfilled and that Epignosis has provided appropriate safeguards to permit an international transfer, namely entering into suitable data processing terms and the EU’s Standard Contractual Clauses with LOGISTICS UK; a copy of which can be found here.
- LOGISTICS UK will seek to transition to the EU’s new processor to processor Standard Contractual Clauses as implemented by the European Commission on 27 June 2021 or such similar terms as may be adopted by the UK.