Driver Exchange Ltd (“DX”) is a limited company registered in England and Wales whose registered number is 09839384 and whose registered address is 25 Farringdon Street, London EC4A 4AB.
Should you have any questions about these Terms or wish to contact DX for any reason whatsoever, please contact DX by email at email@example.com.
Description of DX Service
The Website and the DX Service is an online communications platform to post and search assignment opportunities between individuals providing driving services (“Drivers”) and organisations seeking drivers (“Clients”).
DX is not an employer, an employment agency or an employment business. Clients are the potential employers and are responsible for compliance with all applicable employment and other related laws. DX does not refer or recommend either Clients or Drivers, and DX shall not be responsible for any engagement or employment decisions. DX provides a platform through which Drivers and Clients can connect with each other and where Clients can post assignment opportunities and search for and evaluate assignment candidates, and where candidates can post individual profiles and search for and evaluate assignment opportunities. DX is not involved in the actual engagement between Clients and Drivers and any direct or indirect engagement of a Driver by a Client is subject to and governed by separate terms and conditions and these Terms do not affect either a Buyer’s or a Driver’s rights in respect of such engagement.
For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”), DX is not an employment agency or employment business and generally does not introduce or supply work-seekers to hirers or hirers to work-seekers. It is recommended that, if you are a Driver you undertake the steps set out in the Regulations to ensure your suitability for the role advertised by a Client or, if you are a Client who is a recruiter, to ensure a Driver’s suitability for the role. These could include:
- If you are a Driver, checking the identity of the Client and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the Client considers necessary or are required by law or otherwise to undertake the position or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
- If you are a Client, checking the identity of the Driver and that the Driver has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the hirer, to meet to enable a Driver to take up a position.
DX does not have control over the quality, timing and legality of the services actually delivered by Drivers, nor the responsibilities or any actions of the Clients. DX makes no representation and gives no warranty to any services Clients obtain from Drivers and DX expressly excludes from these Terms, to the fullest extent permitted by law, all express and implied warranties, terms, conditions and representations in relation to the services provided by Drivers, including those concerning satisfactory quality or fitness for purpose.
To enjoy the DX Service you must register an account through the Website (“User Account”) and in doing so you agree to be bound by these Terms, which shall govern your use of the DX Service.
You are only eligible to register a User Account if, and by registering and creating a User Account you confirm that, you are over 16 years old, you are resident in the United Kingdom, and all information that you use to register is accurate and current. It is your responsibility to keep all your information up to date.
On registering with us to use the DX Service, you will be issued with a user name and password which must be used in order to access the DX Service. The user name and password are personal to you and are not transferable.
Your user name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.
You may not adapt or circumvent the systems in place in connection with the Website, nor access the DX Service other than through normal operations.
Use of DX Service
The DX Service may only be used by individuals (and suppliers of individuals) seeking assignments as Drivers and by Clients seeking the same. Your use of the DX Service is subject to any other contracts that you may have with DX. If there is any conflict or inconsistency between these Terms and the contract you have with DX, the terms of your contract will take precedence.
You agree to use the Website and the DX Service only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use of the DX Service.
You are permitted to download and print content from the Website solely for your personal use. Website content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without DX’s express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.
By using the Website and/or the DX Service, you agree not to:
- use the Website, the DX Service, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the DX Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another person’s User Account without permission;
- provide false or inaccurate information when registering a User Account, using the DX Service or communicating with other users;
- post any assignment where there is a risk to the health and safety of any Driver;
- except where allowed by applicable law, post jobs which require the Driver to provide information relating to his/her: (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) the commission of criminal offences or proceedings, or (vii) age;
- attempt to re-register with the DX Service if we have terminated your User Account for any reason;
- interfere or attempt to interfere with the proper functioning of the DX Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any measures we take to restrict access to the DX Service or use any software, technology, or device to scrape, spider, or crawl the DX Service or harvest or manipulate data;
- use the communication systems provided by or contacts through the DX Service for any commercial solicitation purposes; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
You are responsible for any content, messages, reviews, feedback or profiles (“User Content”) that you submit, post or display on the Website, or transmit to other users of the DX Service. You will not provide inaccurate, misleading, defamatory or false information onto the Website or to any other user of the DX Service, and all opinions stated as part of User Content must be genuinely held. You represent and warrant to us that you have the right and authority to post all information you post about yourself or others on the Website.
By submitting, posting or displaying User Content on the Website, you grant DX a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to reproduce, adapt, distribute and publish such User Content through the DX Service. DX reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
DX may review and remove any User Content that, in its sole opinion, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the DX Service. DX reserves the right to prevent further access to the DX Service for violating the Terms or applicable laws, rules or regulations.
DX does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by users of the DX Service nor does DX endorse any opinions expressed by users of the DX Service.
You are solely responsible for your shift requests on the Website. DX shall not be considered to be an employer with respect to a Client’s use of the DX Service and DX shall have no responsibility for engagement or employment decisions made by a Client.
You agree that each shift request shall not contain inaccurate, false, or misleading information. DX reserves the right to remove any shift requests or content from the Website which, in DX’s opinion, does not comply with these Terms or if any of the content is not in the best interests of DX.
By registering a User Account to use the DX Service as a Driver you consent to DX’s use of your information to verify such information, including passing onto a third parties, to evaluate the accuracy of the information (“Driver Checks”). DX will not seek your further consent prior to carrying out the Driver Checks and you acknowledge that certain sensitive information may be included in the Driver Checks. The Driver Checks which DX will perform are set out below:
How information is collected from Driver
Third party verification
|Driving licence and categories||Driver uploads scans onto the User Account during registration||Checked against other documentation provided by Driver||DVLA database|
|Tachograph card||Driver provides details during registration of the User Account||Checked against other documentation provided by the Driver|
|Experience||Driver provides details during registration of the User Account|
|References||Driver provides details during registration of the User Account||Reference requests are emailed to listed referees and references received are attached to Driver profile|
|Endorsements||Driver provides details during registration of the User Account||Checked against other documentation provided by Driver||DVLA database|
|Passport / ID||Driver uploads scans onto the User Account during registration||Checked against other documentation provided by Driver|
|Work permit||Driver uploads scans onto the User Account during registration||Checked against other documentation provided by Driver|
|National insurance number||Driver provides details during registration of the User Account||Checked against other documentation provided by Driver|
|Company information (if Driver works through a personal services company)||Driver provides details during registration of the User Account||Checked against other documentation provided by Driver|
|Self-employed information (if Driver is self-employed)||Driver provides details during registration of the User Account||Checked against other documentation provided by Driver|
|Umbrella company information (if Driver works through an umbrella company)||Umbrellas on the PSL provides details during registration of the User Account||Checked as part of the validation of the Umbrella on the PSL|
DX is not responsible for User Content, the quality, safety or legality of the jobs or CVs posted, the truth or accuracy of the shift requests, via the DX Service, or the ability of Client’s to offer opportunities to Drivers or the ability of Drivers to fill openings and DX makes no representations about any jobs, CVs or User Content on the Website. While DX reserves the right in its sole discretion to remove User Content, assignment postings, CVs or other material from the Website from time to time, DX does not assume any obligation to do so and to the fullest extent permitted by law, excludes any liability for failing to take any such action.
You agree that the DX Service is provided without warranty and we do not warrant or represent that the DX Service will meet your requirements or that its operation will be uninterrupted or error free. We do not make any warranty as to the accuracy or reliability of any information obtained through the DX Service.
The Website may contain links to other websites. We accept no responsibility or liability for any material supplied or contained on any third party website which is linked from or to the Website, or any use of personal data by such third party.
We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of these Terms and our liability in these circumstances is limited as set out below.
In no event shall we, our group companies, persons who act on our behalf, and/or persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to these Terms (whether in contract, tort (including, without limitation, negligence) or otherwise):
- any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
- any loss or corruption of data;
- any loss or damage whatsoever which does not stem directly from, or which results only as a consequence of, any loss or damage caused by our breach of these Terms.
Notwithstanding the above, our total liability (whether in contract, tort, negligence or otherwise) to you, for any loss or damage shall, be limited to £10,000.
Nothing in these Terms shall exclude or limit our liability in respect of death or personal injury caused by negligence or fraud (including fraudulent misrepresentation) or any other liability which cannot by law be limited or excluded.
You agree to indemnify, defend and hold harmless DX and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by DX in connection with any claim by a third party (including an intellectual property claim) arising out of: (i) the materials and content you submit, post or transmit through the Website, or (ii) your use of the Website or the DX Service in violation of these Terms or in violation of any applicable law.
DX reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Website and the DX Service, to remove your User Account and/or any User Content posted by or about you, from the Website, and/or to terminate your registration with the DX Service, with or without notice if DX determines that you are not eligible to use the DX Service, have violated any of these Terms.
DX reserves the right, at its reasonable discretion, to apply procedures to detect and prevent breaches of these Terms or to monitor use of the DX Service generally. These Terms will remain in full force and effect while you are a user of the Website or a registered user of the DX Service. DX reserves the right to close your User Account and terminate these Terms with you at any time by providing you with thirty (30) days’ notice if DX ceases to provide the DX Service in the United Kingdom. DX reserves the right to close your User Account and terminate these Terms with you at any time after a significant duration of activity. If DX terminates your User Account because of a breach by you of these Terms, you agree that you will not seek to register with the DX Service again, whether using the same or a different identity to that under which you were originally registered.
Changes to these Terms
These Terms may be amended by us in our discretion from time to time and the latest version will always be available on the Website. Any new version of these Terms shall take effect, and will govern the DX Service and your relationship with us: (i) immediately upon the date of posting on the Website where the changes to these Terms relate to a new feature/service or non-material changes, which (in either case) do not reduce your rights or increase your liability to us; or (ii) no less than thirty (30) days after the date of posting on the Website where the changes to these Terms potentially reduce your rights or potentially increase your liability to us. Please make sure you check for updates to these Terms each time you use the DX Service.
If any of the terms and conditions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.
Only you and DX shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Terms set out the entire agreement between you and us with respect to your use of the DX Service and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.
These Terms are governed by the law of England and Wales. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the courts of England and Wales.