In these conditions the following words have the following meanings unless the context requires otherwise: "Agreement" means the agreement between You and Us incorporating these conditions for the provision of the Service; "Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same; Owner Of The Intellectual Property Rights means SpeedLink Transport Limited, (a company registered in England), or its successor company; "Liability" means the Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; "Member" means any person, and/or corporate body, whose membership has been accepted by Us and whose membership remains valid for the time being; "Profile" means the section containing details, photographs and/or information about You composed and Posted by You; "Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Web Site; "User" means any person who browses the Web Site; "We, Us, Our" means SpeedLink Transport Limited, registered office address Unit 1, Avondale Business Centre, Avondale Road, Fleet, Hampshire, GU51 3BH; "Web Site" means Our web site at URL www.speedlinktc.com, www.slt-intership.com (or such other URL that We may use to provide the Service from time to time); "Mobile App" means Our mobile app SLT Cab Connect; "You, Your, Yourself" means the person, and/or corporate body, whose application for membership of the Service is accepted by Us.
By accepting these conditions You warrant and represent to Us that You are over 18 years old; You have not been convicted of any offence relating to theft, deception, fraud, violence and/or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act). You have not been subject to any injunction or any order to pay damages under the Theft Act (or under any statutory enactment replacing and/or amending such Act). You do not know of any reason why You should not participate in the courier-related activities associated with the Web Site. If you are not able or not willing to give the warranties and representations set out in clause 2.1 above then you must not apply for membership.
3. Basis of Contract
This is a legally binding Agreement between You and Us for the provision of the Service. These conditions (as amended by Us from time to time) shall govern the Agreement between You and Us to the exclusion of any other terms or conditions and You agree to abide by these terms and conditions (as amended by Us from time to time). These conditions (as amended by Us from time to time) supersede all terms and conditions and shall replace any terms and conditions previously notified to You. We reserve the right to vary these conditions at any time. If We vary these Conditions, the updated conditions will be posted on the Terms and Conditions page of the Web Site from time to time. Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Us in writing. You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions. We shall have the right to refuse to register applications for membership and to terminate memberships at any time. The Agreement between You and Us shall come into effect on Our acceptance of Your application for membership. No application for membership shall be deemed to be accepted by Us until you have received confirmation of Your membership from Us by Us issuing You with a Password to enter the Web Site. You will not be able to access and/or read and/or reply to some areas of the Web Site (at Our absolute Discretion) until We have received payment and evidence of identity and insurance. We reserve the right to make changes to the Service as required from time to time by law or applicable safety requirements or for any other reason in Our sole discretion.
4. Price and Payment
The price of the Service shall be as shown on the enrolment form. Our prices are exclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time. Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding. Either party may terminate this Agreement at any time, for any reason. Termination of the agreement by either party will be effective upon that party sending written notice by email to the other party of their intentions, or by posting notice on the Web Site. All monies paid by You to Us are non-refundable and cancellation and/or termination of this Agreement by You or Us at any time for any reason will not entitle You to a refund of monies paid. Any monies owing SpeedLink upon cancellation and/or termination will become payable immediately.
5. Member's Obligations
You will not: Use the Service to promote another site, service and/or business in any way; solicit Our customers or promote Your service as an alternative to Us; attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service; copy, in whole or in part any of the information on the Web Site, in any way assign, transfer, part with and/or authorise any other person to use, Your membership.
6. Your Profile
You warrant and represent to Us that all information provided by You: is accurate, true, complete and is not misleading; and will be regularly updated by You so that it remains accurate, true, complete and not misleading. We reserve the right to review Your Profile from time to time and to amend and/or delete it if We, in Our sole discretion, think that it should be amended and/or deleted. If:- You breach the terms of this Agreement; You persistently breach the terms of this Agreement; You fail to provide Us within the time limit requested by Us with sufficient information to enable Us to determine the accuracy and/or validity of any information forwarded to Us; You conduct yourself in a fashion that is damaging or potentially damaging to the interests of Our business then We shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out below.
If any of the events set out in above occurs in relation to You then:- We may terminate this Agreement immediately; We may immediately suspend and/or terminate Your access to the Service without notice.
7. Intellectual Property rights and Confidentiality
All Intellectual Property Rights in the Service shall be owned by the Owner of The Intellectual Property Rights absolutely. You waive absolutely any and all moral right to be identified as an official agent of SpeedLink Transport Limited. You agree that You will keep confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to the Service which may be disclosed to You or which You may learn, except where such information is public knowledge or it is required to be disclosed by law.
The Service is provided in its current form and We do not guarantee that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.
9. Limitations on Liability
We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member. We shall have no Liability to You if any monies owed by You to Us have not been paid in full by the due date for payment. You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You. You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how any loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You. We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us. We shall have no Liability to You arising out of Your use of the Service and/or Your reliance on any information and/or other material Posted on the Service or Posted to You by other Members. We shall have no Liability to You for any:- consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions); economic and/or other similar losses; and/or special damages and indirect losses. You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer. Our total Liability to You under and/or arising in relation to any Contract shall not exceed the amount paid by You; Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of: Liability for breach of contract; Liability in tort including negligence); and Liability for breach of statutory duty; above which shall apply once only in respect of all the said types of Liability. Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law. Nothing in this Contract shall exclude or limit any of Your statutory rights. We shall have no Liability to You for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, information and/or other material Posted on the Service by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.
All third party rights are excluded and no third parties shall have any right to enforce this Agreement. This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us. Any right of a third party to enforce this Agreement may be varied and/or extinguished without the consent of the any such third party. No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision. This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect. This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.