PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE
This website (https://www.hgvalliance.com) is owned by HGV Alliance UK Ltd (hereinafter HGV Alliance). This Site operates as an online marketplace to enable Load Dispatchers to post Jobs, and Transport Providers to quote for these Jobs, with a view to entering into a Transaction.
HGV Alliance users are governed by these Terms and Conditions and any person, organisation, company or business that applies to use the website, is deemed to have read and accepted these Terms and Conditions.
IMPORTANT NOTICE: Our Website applications, mobile applications and APIs enable our users to connect with other users for the purpose of contracting with one another, but users make such connections and/or enter into such contracts at their own risk. Where you use our website(s) to engage, or to be engaged by, another user for the provision of services, you and the other user will:
- enter into a contract directly with each other for the provision and receipt of such services. HGV Alliance is not a party to that contract, and users will be separately responsible and liable to one another under the terms of that contract.
- be responsible, as a data controller, for processing all personal data sent or received via the websites in accordance with the Data Protection Laws.
You shall expressly discharge HGV Alliance from any and all liability that may arise from your use of such connections or any third-party websites or services.
Certain areas of our Applications are available only to registered users. These Terms apply at all times to all users. If you do not agree to these Terms, please refrain from using our Applications.
1. WHAT'S IN THESE TERMS?
Unless the context indicates otherwise the following expressions will have the following meanings:
- “Business day” means any day excluding Saturdays, Sundays or public or bank holidays in England;
- “Confidential information” means all information (whether written or verbal) that, by its nature, may reasonably be regarded as confidential to you or the HGV Alliance provider whether commercial, financial, technical or otherwise, including information which relates to your or any of the HGV Alliance provider’s business affairs, customers, suppliers, products, software, telecommunications, networks, trade secrets, know-how or personnel;
- “Data Protection Legislation” means:
- any legislation in force from time to time in the United Kingdom which implements the European Community’s Directive 95/46/EC and Directive 2002/58/EC, including but not limited to the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003;
- from 25 May 2018 only, the Regulation (EU) 2016/679 on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data (the “General Data Protection Regulation”);
- any other legislation in force from time to time in the United Kingdom relating to privacy and/or the Processing of Personal Data; and
- any statutory codes of practice issued by the Information Commissioner in relation to such legislation;
- “HGV Alliance Privacy Statement” means the document of that name which is located at www.hgvalliance.com/Privacy-Policy and which sets out the minimum guidelines adopted by HGV Alliance for the collection, use, sharing, protection and other processing of personal data for the purposes of compliance with Data Protection Legislation;
- “HGV Alliance provider marks” means any registered or unregistered trademarks, service marks, trade names, logos or brand of HGV Alliance (whether in current or previously utilised form) and any applications for the grant of such rights;
- “HGV Alliance provider materials” means any and all (whether in current or previously utilised form) information, documentation, drawings, works, computer software, products and materials supplied by or on behalf of HGV Alliance to you, including without limitation, any and all newsletters, presentations, websites and presentation materials;
- “Intellectual property rights” means any patent, know-how, trade mark or name, service mark, logo, design right (in each case whether registered or unregistered), copyright, rights in passing off, database rights, rights in commercial or technical information, any other rights in any invention, discovery or process and any other intellectual property rights, whether registered or unregistered and including applications for the grant of any such rights and all rights or forms of protection having equivalent or similar effect in each case in the United Kingdom and anywhere else in the world;
- “Operating centre” means the site or depot where commercial vehicles operate from, where there is infrastructure that supports daily management, control and day to day operational deployment of a fleet. Note that the definition of HGV Alliance operating centre is not the same as the definition according to Operator Licensing;
- “Road freight” means the physical carriage of goods for commercial purpose by road using vans and trucks. This includes the provision of services and utilities and the movement of waste;
- a reference to the singular includes the plural and vice versa, and a reference to any gender includes all genders;
- headings are included in these Terms and Conditions for ease of reference only and do not affect the interpretation or construction of these Terms and Conditions;
- any reference to “writing” or cognate expressions includes references to any communication effected by facsimile, e-mail or any comparable means;
- the expression “person” means any individual, firm, body corporate, unincorporated association, partnership, government, state or agency of a state or joint venture;
- the words “including”, “includes” and “included” will be construed without limitation.
- a reference to any statute, enactment, order, regulation or other similar instrument will be construed as a reference to the statute, enactment, order, regulation or instrument as amended or re-enacted by any subsequent statute, enactment, order, regulation or instrument and will include all statutory instruments or orders made pursuant to it, whether replaced before or after the date of these Terms and Conditions.
- Transport Provider means a Member who has submitted a quotation in respect of a Job;
- "Conditions" means all conditions applicable to a person accessing the Site in connection with his use of the Site;
- "Load Dispatcher" means a Member who has posted a Job on the Site;
- "Job" means the transportation request posted by the User on the Site;
- "Member" means a person who has Registered (and "Membership" means the status of being a Member);
- "Registration"" or "Register" means setting up a membership account having agreed to the Conditions;
- "Site" means www.hgvalliance.com; and
- "Transaction" means the agreement entered into between a Transport Provider and a User for the performance of a Job.
2. WHO WE ARE AND HOW TO CONTACT US
www.hgvalliance.com is a website operated by HGV Alliance Uk Ltd ("we" or "us", or the “Company”). HGV Alliance Uk Ltd, a company registered in England No: 11479478.
Our registered address is:
HGV Alliance Uk Ltd,
St Johns Street,
To contact us, write to our registered address, email [email protected], or call us on +44 1733 74 55 09
As part of ensuring that HGV Alliance’s customers have the best customer service, telephone conversations over business phones may be monitored or recorded as a part of normal business operations.
3. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS
By using or visiting our website, you indicate that you accept that you are bound by these Terms (and any additional terms which expressly apply to services and information provided by third parties which are displayed within or on our website) and that you agree to abide by them and any of our policies which are incorporated by reference.
Your HGV Alliance membership and accreditation are governed by these Terms and Conditions. Please read them carefully.
The Conditions apply to the access to and use of the Site, and to any correspondence by e-mail between you and us.
If you do not agree to these Terms, you must not use Our Website.
We recommend that you print a copy of these Terms for future reference.
Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Site.
Any rights not expressly granted in these terms are reserved.
Access to our website is permitted in accordance with these Terms on a temporary basis, and we reserve the right to withdraw or amend the service we provide immediately if we suspect a violation of these terms (see below). We will not be liable if for any reason our website and/or services are unavailable at any time or for any period.
From time to time, we may restrict access to some parts of some or all of our website, to some or all users, whether or not they have registered with us.
HGV Alliance prohibits any use of our website and you agree not to use our website for any of the following:
- Posting any incomplete, false information or information which you know or ought to have known is inaccurate.
- You may not create a database by systematically downloading substantial parts of this web site.
- Deleting or revising any information posted by any other person or entity.
- If you have registered and use a password, you must not allow third parties access to any area of our Applications 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.
- Copying or adapting any computer code in our website that HGV Alliance creates to generate its pages.
- Posting any information which is obscene and/or defamatory.
- Posting any information or documentation which is, in our sole discretion excessively long.
- Should you share your account details with any other member, without prejudice to any other rights and remedies that we may have, you shall immediately be liable to pay us an amount equal to any sums that the party that you have shared your account details with would have been charged had such sharing not occurred.
4. GENERAL DISCLAIMER
Save where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a Transaction will be with the other Member and, as a result, we can give no commitments of any nature about the other Member (whether User, Transport Provider or the Job, whether as to quality, quantity, delivery or price.
We assume no responsibility for claims made by Transport Providers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the Transaction or quoting process. We operate purely as a neutral venue through which Transport Providers and Users may agree on a price for a Job.
5. UNLAWFUL TRANSACTIONS
Members shall not use the Site for unlawful activities. Any Job or aspect of a Transaction carried out, or sought to be carried out unlawfully, by either Transport Provider or User, is prohibited.
Certain Transactions may be governed by statutory or other regulations and cannot therefore be negotiated freely. It is for the Members to identify and adhere to such regulations.
6. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms, which also apply to your use of Our Website:
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of Our Website. When using Our Website, you must comply with this Acceptable Use Policy.
7. WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use Our Website, please check these Terms to ensure you understand the terms that apply at that time. HGV Alliance reserves the right at all times to vary, change, alter, amend, add to or remove any of these terms. The use of this site following a revision of the terms shall be deemed as acceptance of and agreement to abide by all such revisions.
8. WE MAY MAKE CHANGES TO OUR WEBSITE
We may update and change Our Website from time to time. We will try to give you reasonable notice of any major changes although urgent updates may require no prior notice. HGV Alliance may also make improvements and/or changes in the services described in the information at any time without prior notice.
9. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
11. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms, and that they comply with them.
You agree that you shall not use identification codes or passwords of another person without permission. You must notify us immediately of any breach of security or unauthorised use of your account or information. We will not be liable for your losses caused by any such unauthorised use. You may be liable to us for our losses or those of others due to unauthorised use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by email to [email protected]
You must comply with the provisions of our acceptable use policy at https://hgvalliance.com/Acceptable-Use/
Only those in a position to form legally binding contracts under English law may Register. Registration is not open to persons aged under 18 or to any persons whose Membership has been suspended or terminated. If you are Registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Each Registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Furthermore, your Membership may not be transferred to a third party.
Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password.
13. HOW YOU MAY USE MATERIAL ON OUR WEBSITE
We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Website for your personal use and you may draw the attention of others within your organisation to content posted on Our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Our Website must always be acknowledged.
You must not use any part of the content on Our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of Our Website in breach of these Terms, your right to use Our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
14. DO NOT RELY ON INFORMATION ON THIS WEBSITE
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
The content on Our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website.
Our Website may have interactive applications for use by registered users and such other interactive services as we may introduce from time to time.
Information supplied to you as part of an Application service is provided by us as an estimate only. The user of an Application acknowledges and agrees that whilst this information and service is provided in good faith, no representation or warranty, express or implied, is or will be made and no responsibility or liability is or will be accepted by us, or a member of HGV Alliance, or by any of our HGV Alliance's respective officers, employees or agents in relation to the accuracy or completeness of this information or any other written or oral information made available to any interested party or its advisers and any such liability is expressly disclaimed.
Whilst we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy or completeness of the material on the Site. We may make changes to the material on the Site at any time and without notice. The material on the Site may be out of date, and we make no commitment to update such material.
The contents of the Site are provided "as is", and we provide no warranties in respect of such contents.
15. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where Our Website contains links to other websites and resources provided by third parties, these links are provided for your convenience and information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. You will not use or launch any automated system that accesses our website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser.
By breaching the provisions of this Article 15, you may commit a criminal offence under the applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Applications will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
16.2 If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to Our Website or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, Our Website; or
- use of or reliance on any content displayed on Our Website.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- If you are a consumer user:
Please note that we only provide Our Website for domestic and private use. You agree not to use Our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. TRANSACTIONS CONCLUDED THROUGH OUR WEBITE
For the express avoidance of any doubt, we do not endorse and we are not responsible for any product or service advertised, offered or procured by or from any third party through our website or any hyper-linked website and we are not responsible in any way for the provision of services by one user to another and you hereby agree that we are not liable for any loss or damage suffered by you in the course of providing or receiving services procured via our website. YOU HEREBY RELEASE AND HOLD US (OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) HARMLESS FROM ANY SUCH CLAIM, LOSS OR DAMAGE OR ANY LIABILITY IN RELATION TO A DISPUTE WITH ANOTHER USER (INCLUDING BUT NOT LIMITED TO ALL LEGAL COSTS RELATED THERETO).
We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. The Site acts as a neutral venue through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Transactions. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs and/or Transactions that take place through the Site.
If you are a Transport Provider you hereby agree that the Site is for shipping/transportation related services only and that work that you provide will only involve services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Job.
It is the responsibility of the User to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the Transaction.
HGV Alliance recommend users request evidence to any accreditation and documentation that may be advertised or published on this web site from the members, advertisers and sponsors. This web site does not constitute such evidence.
18. UPLOADING CONTENT TO OUR WEBSITE
Whenever you make use of a feature that allows you to upload content to Our Website, or to make contact with other users of Our Website, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to Our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of Our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on Our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
You are prohibited from posting or transmitting to or from the Site any material:
- that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Site (including, without limitation, by hacking).
We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach these terms.
19. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to Our Website, you grant us, third parties and any other users of the Website a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use, reproduce, distribute, prepare derivative works or, display and perform that user generated content.
20. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that Our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Our Website. You should use your own virus protection software.
You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately.
21. RULES ABOUT LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Our Website in any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of Our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on Our Website other than that set out above, please contact [email protected]mail.com.
22. DATA PROTECTION AND PRIVACY
You and HGV Alliance shall comply with the Data Protection Laws.
For the purposes of this clause, ‘Data Protection Laws’ shall mean all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including but not limited to the EU General Data Protection Regulation 2016/679 and all other successor legislation and regulations thereto.
If you use HGV Alliance’s website and services for the purpose of providing services to or receiving services from other users and send, receive or upload personal information into your user area, which HGV Alliance then stores it in its database, you will be the data controller of such personal data, and HGV Alliance will be a data processor of such personal data and will:
- act strictly in accordance with your lawful and reasonable instructions (which may be received via your use of the website and/or services) unless applicable law requires otherwise, in which case HGV Alliance shall inform you of that legal requirement before processing (unless that law prohibits such information on important grounds of public interest). HGV Alliance shall inform you if it becomes aware of an instruction by you that, in HGV Alliance’s opinion, infringes the Data Protection Laws.
- ensure that its personnel that are authorised to process the personal data in connection with the provision of the Applications and/or services, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- implement appropriate technical and organisational security measures to protect the personal data in accordance with Data Protection Laws;
- enable you to access, rectify, erase, restrict and transmit the personal data processed by HGV Alliance on your behalf;
- if a data subject requests information from HGV Alliance concerning the processing of personal data by you, promptly forward the request to you;
- provide reasonable assistance to enable HGV Alliance to comply with your obligations under Data Protection Law, including using appropriate technical and organisational measures to assist you in responding to data subject access requests; and
- make available to you all information necessary to demonstrate compliance with the obligations set out in this clause, and allow for and contribute to audits, including inspections, conducted by or on behalf of you or ensure that HGV Alliance and/or any sub-processor will conduct audits using external auditors at least once per year;
You may delete or request in writing the deletion or return of all personal data that we process on your behalf on termination of the provision to you of website and/or services or at any time following termination of the same. Where you have not deleted the personal data prior to the termination of the provision to you of website and/or services, HGV Alliance shall provide the “Storage Service” free of charge for a period of at least 90 working days following the date of termination. Thereafter HGV Alliance may terminate the Storage Service at any time without notice, and in such event HGV Alliance shall delete all personal data processed on your behalf unless the otherwise required by applicable law. Notwithstanding the foregoing, where personal data that HGV Alliance processes on your behalf forms part of the record of a transaction between you and another user, such other user may be a joint data controller of such personal data and HGV Alliance may be required to retain such data on behalf of the other use. In such event, you may receive a copy of the personal data, but it shall not be deleted.
You acknowledge and accept that any data subject to which the personal data relates may have the right to request the deletion of their personal data or information at any time and may request that HGV Alliance permanently delete all information and data held about that data subject from HGV Alliance’s systems. In the event that a data subject exercises its rights in this clause, HGV Alliance shall notify you and you shall promptly and permanently delete all personal data held about that data subject from HGV Alliance’s systems. In the event that you have not done so within a reasonable time, and have not notified HGV Alliance in writing of any requirement for HGV Alliance to retain the personal data, HGV Alliance reserves the right to remove such personal data and shall not be liable in any way for any loss or damage suffered you arising from such data subject exercising their rights.
You shall ensure that your collection and use of any personal data, accessed through the website and services, complies with the Data Protection Laws. You hereby indemnify HGV Alliance against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of your failure to comply with this clause.
You hereby give HGV Alliance a general consent to engage sub-processors to process the personal data. HGV Alliance shall make details of its sub-processors available to you on request. Where HGV Alliance intends to add a new sub-processor, it shall make details of such new sub-processor available at least 30 days (“Sub-processor Notice Period”) before transferring any personal data to a new sub-processor. You shall notify HGV Alliance during the Sub-processor Notice Period if you object to the new sub-processor. If you do not object to the sub-processor during the Sub-processor Notice Period, you shall be deemed to have accepted the sub-processor. If you have raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within the Sub-Processor Notice Period time, you shall have the right to terminate your use of the website and these Terms. During the Sub-Processor Notice Period, HGV Alliance shall not transfer any personal data to the sub-processor.
HGV Alliance shall enter into appropriate written agreements with all of its sub-processors on terms that include all the required obligations on data processors, as set out in the GDPR, including without limitation your right to conduct audits at the sub-processor, or ensure that the sub-processor will conduct audits using external auditors at least once per year. HGV Alliance shall remain fully liable to you for the performance or non-performance of the sub-processor’s obligations.
For the express avoidance of doubt, in respect of the payment processor that you select to process payments from your customers, although the website will integrate with the services of such payment processor, the parties agree that such payment processor is your data processor, supplying its products and services directly to you. Payment processors are not sub-processors of HGV Alliance.
You hereby acknowledge and agree that personal data may be passed between HGV Alliance and the payment processor. It is your express instruction that HGV Alliance so provide such personal data to the payment processor.
Where HGV Alliance receives personal data from one or more payment processors in respect of which HGV Alliance reasonably believes that you are the data controller, you hereby instruct HGV Alliance to process such personal data on your behalf.
23. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
24. OUR TRADE MARKS ARE REGISTERED
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
The HGV Alliance UK Ltd names and logos and all related names, design marks and slogans are the trademarks or service marks of us or our licensors. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under “How you may use material” on Our Website.
All trademarks reproduced in this website, which are not property of, or licensed to the operator, are acknowledge on the website.
HGV Alliance is free to join either as a transport provider or load dispatcher and it is free to request quotes. We charge the load dispatcher for a job post. The fee is charged immediately upon posting.
We may waive our right to receive the Fee as a gesture of goodwill; however the grant of any such waiver is entirely within our discretion and if so granted is always without accepting any legal obligation to do so.
If you are a Transport Provider you are responsible for collecting and remitting any and all VAT associated with a Transaction. Your quote amount for the Job is inclusive of VAT. You shall not submit a quote amount excluding VAT and then charge VAT on top of your quote price once your quote has been accepted.
We reserve the right to waive or change the basis of the Fee at any time. We may also temporarily change or suspend the Fee for a promotional period. Any such changes will be described on the Site.
We do not offer refunds on jobs posted to our website. The listing cost is an advertisement fee, paid to HGV Alliance, to advertise the load to all users. Whether a load receives a quote or not; is collected or not; is delivered or not; we do not offer a refund for after listing your load.
Load dispatchers and Transport Providers will negotiate directly once there has been a successful quote. Either party can make a Cancellation; however it should only make one once all reasonable attempts to reach an agreeable solution have been exhausted and it is clear that the Job will not be performed. When you make a Cancellation Request the other party to the proposed Transaction will be notified and will have to respond by either:
- accepting the Cancellation Request and your reason; or
- rejecting the Cancellation Request and requesting review by our staff.
If your Cancellation Request is accepted by the other party the accepted quote can be retracted and the Job can either be relisted or deleted. If the request is rejected by the other party, then you can contact us for review and a decision will be made on whether to approve or not to approve the Cancellation Request.
Once we have given our verdict on whether to approve the Cancellation Request we will not enter into any further correspondence - our decision is final.
If the other party does not respond within 24 hours, your Cancellation Request and reason will automatically be accepted.
We take abuse of the procedure for Cancellation Requests very seriously. Abuse includes submitting false or exaggerated reasons, attempting to retract accepted quotes, or colluding with other Members to abuse the procedure. If a Member is found abusing or is suspected of abusing the procedure his Cancellation Request will automatically be denied and his Membership may be revoked without further notice and/or he may also be subject to additional fees.
Whilst we are unable ourselves to conduct any due diligence on our Members, we do enable Load Dispatchers and Transport Providers to provide feedback evaluations on each other's performance in the course of the Transaction including but not limited to the performance of the Job (or, as the case may be, their failure to enter into a Transaction and/or perform the Job). The evaluations seek to provide Members with guidance on the skills and/or reliability of other Members prior to quoting or, in the case of Load Dispatchers accepting a quote from a Transport Provider. We also provide a section for you to leave a note on the review to give other users helpful information, for example, post code takes you to the back of building, or yard is more suitable for rigids, etc. Please use this space to be helpful to other users regardless of your experience. The review section is for your positive or negative review, the notes are for helpful hints to other users.
The feedback process involves leaving a rating along with a short comment about the performance of the Member.
You accept that by posting a Job or by quoting on a Job it is probable that another Member will leave feedback about you and you acknowledge that your feedback consists solely of comments left by other Members. You agree that you will not use any feedback received on the Site on any venue or website that is not the Site. Do always use common sense and respect when leaving feedback on another Member as unwarranted, potentially libellous feedback could result in legal claims being made against you. We do not censor feedback or investigate it for accuracy, and you acknowledge that we are in no way legally responsible for any feedback that is left.
Any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the Site may result in a ban from further use of the Site and, if applicable, being reported to any relevant authorities.
27. NO AGENCY
Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between ourselves and any Members whatsoever. Members shall not hold themselves out as implying any such relationship with us.
28. INFORMATION YOU SUPPLY
You are solely responsible for the information you provide to us and/or other Members in the Registration, shipping, or transportation process (which shall include anything posted on the Site) ("Information"). The Information must be true, legal, accurate, and non-fraudulent.
You agree to use common sense and good judgment when conducting or posting any Information. We insist that all Members abide by netiquette and communicate with each other in a respectful manner.
An important aspect of the Site is the ability of Members to leave feedback about each other (whether positive, neutral or negative). The feedback you receive is likely to influence the choices that other Members make as to whether to negotiate a Transaction with you. Accordingly, to preserve the integrity of the feedback system, you agree not to:
- improperly influence in any manner, or cause another to improperly influence in any manner, the feedback of a Member; or
- post or attempt to post, in any manner or by any means, a feedback review on your own account.
30. REJECTION OR REMOVAL OF MEMBERS
We reserve the right to reject your Registration or cancel your Membership at any time and for any reason or for no reason and without notice to you.
We reserve the right to notify other Members of any actions that we, in our sole discretion deem serious, and which have led to the cancellation of your Membership.
If you are so removed or rejected you may appeal for reinstatement. Your appeal must include a written statement as to why you should be reinstated along with your contact information. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion. Your submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. We will contact you as to our decision to reinstate you. We are not obligated to give you any reasoning as to our decision. All decisions are final.
During the course of your Membership we may disclose to you, or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business. You hereby agree that any and all of this information is confidential and shall be our sole and exclusive intellectual property. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited. All obligations contained herein will survive the termination of this Agreement.
During the term of this Agreement, you shall not solicit to employ nor employ any of our employees of whom you become aware through the performance of this Agreement. Furthermore, you shall not otherwise hinder any of our other business relationships including those with our Members.
33. USE OF HGV ALLIANCE
You agree that you shall not acquire the combined words "HGV Alliance" or any variant that includes the words "HGV Alliance" or may be confused with it on Google Adwords or any similar internet advertising service.
34. NO CONVICTIONS
You represent that you, and any individuals associated with you who will be involved in a Transaction have not been convicted of a crime which is related in anyway to the shipping and/or transportation or haulage business. Furthermore, you warrant and represent that there are currently no legal proceedings instituted against you that would prevent you from performing a Transaction to which you are a party or your obligations under the Conditions.
Policy Last Reviewed Tuesday, 15 October 2019
Policy Last Reviewed Monday, 5 August 2019
Policy Previously Reviewed Tuesday, 12 February 2019
Policy Previously Reviewed Monday, 10 September 2018
Policy Previously Reviewed Friday, 23 March 2018
|HGV Alliance UK Ltd Terms & Conditions Policies|
|Acceptable Use Policy|
|Code of Conduct|
|Data Processing Addendum|