Terms of use of deliveryquotecompare.com website
TERMS OF USE OF deliveryquotecompare.com WEBSITE:
In these TERMS OF USE the following words and expressions shall have the following meanings:
"Account" means a designated account allocated by Us to each Member for the payment and receipt of Fees;
"Agreement" means the acceptance of the Conditions by a Member;
"Cancellation" means the cancellation (including written reasons) of a Job either by the User or by a Successful Transport Provider after a bid was accepted but before any work on the Job commenced;
"Cancellation Request" means the seeking to retrieve by either a User or a Successful Transport Provider of any Fees after Cancellation;
"Conditions" means all conditions applicable to a person accessing and using the Site as set out in the General Conditions and the Supplemental Conditions;
"Fee(s)" means the success fee(s) charged pursuant to condition 5 of the Supplemental Conditions;
"General Conditions" means those conditions set out in Part 1;
"Job" means the transportation request posted by a Member 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;
"Services" means the transportation/shipping services provided by a Transport Provider to a User;
"Site" means deliveryquotecompare.com;
"Successful Transport Providers" means those Transport Providers who have secured a Transaction;
"Supplemental Conditions" means those conditions set out in Part 2;
"Transaction" means the agreement entered into between a Transport Provider and a User for the performance of a Job;
"Transport Provider" means a Member who has submitted a quotation/tender in respect of a Job;
"User" means a Member who has posted a Job on the Site;
"We" or "Us" means Delivery Quote Compare Limited.
REQUIRED INFORMATION
deliveryquotecompare.com is a site owned and operated by Us, a company which is registered in England and Wales with company number 06850521 whose registered office is at The Old Shippon, Moseley Hall Farm, Chelford Road Knutsford, Cheshire WA16 8RB. We can be contacted by post as aforesaid and by email to customerservices@deliveryquotecompare.com
The Site is an online marketplace which enables a User and a Transport Provider to enter into a Transaction.
The General Conditions and the Supplemental Conditions of these TERMS OF USE (together with the documents referred to within) set out the terms and conditions on which We will provide our services to you.
Registration is not required to access most areas of the Site in which case only the General Conditions will apply to you. Certain areas of the Site are only open to you if you are a Member and Registration requires you to confirm expressly that you have read and accept the Supplemental Conditions as well as the General Conditions.
The Conditions apply to the access to and use of the Site, and to any communication between you and Us. Please read these terms carefully before using the Site. Using the Site indicates that you accept the General Conditions regardless of whether or not you choose to become a Member.
These TERMS OF USE including the Conditions are subject to amendment by Us at any time by updating this posting. The current version of the TERMS OF USE and the Conditions will always be displayed on the Site and you should refer to them regularly because they are binding on you. 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 by Us for our exclusive benefit.
PART 1
General conditions
1. WEBSITE AVAILABILITY
1.1 We shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
1.2 Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance, modification or repair or for any reasons beyond our control.
2. CONTENT
2.1 We do not warrant the accuracy or completeness of the content of the Site or that the material on the Site is up to date or that the Site will be free of defects or viruses. We may make changes to the content of the Site at any time and without notice.
2.2 You agree to use this Site in good faith and are prohibited from using, uploading or transmitting to or from the Site any material:
2.2.1 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;
2.2.2 for which you have not obtained all necessary licences and/or approvals;
2.2.3 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
2.3.4 which is technically harmful (including, without limitation, computer viruses, macro viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.4 You may not misuse the Site or cause the Site to be interrupted, damaged, rendered less efficient, such that the effectiveness or functionality of the Site is impaired.
2.5 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 uploading any material in breach of this condition 2.
3 LICENCE TERMS
3.1 The Site, its design and construction any materials on it and other intellectual property are owned wholly and exclusively by Us.
3.2 You agree not to copy, reproduce, store (in any medium or format), distribute, transmit, modify, decompile, disassemble, reverse engineer all or any part of the Site, the software or the materials on it.
4 DISCLAIMER
4.1 To the extent permitted by law we hereby exclude:
4.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
4.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for reasonably foreseeable losses or unforeseen loss.
4.2 Our maximum liability shall be limited in any event to £10,000..
4.3 This does not affect our liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.
5 PRIVACY
By you providing personal details to Us you are authorising Us to disclose relevant information to other Members in accordance with our privacy policy which is separately contained on the Site.
6 TERMINATION
6.1 We reserve the right to terminate your access to the Site without prior notice where you are:
6.1.1 proven to be insolvent;
6.1.2 in our opinion acting in breach of the Conditions.
7 WEBSITE LINKS
We may provide links from this Site to websites that are owned and/or controlled by third parties. These links are provided only for your convenience and We have no control over and will accept no liability in respect of those websites.
8 GENERAL
8.1 We give no warranty that any or all of the content of this Site may be lawfully viewed or downloaded outside England and Wales. You will be responsible for compliance with local laws if and to the extent local laws are applicable.
8.2 No delay or decision not to enforce our rights in respect of one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions and will not affect rights in respect of any subsequent breach.
8.3 Nothing in the Conditions is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a party who is not a party to the Conditions has no rights to enforce them.
8.4 The Conditions constitute the entire agreement between ourselves as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.
8.5 Any and all notices to be given by either one of us to the other pursuant to or in connection with the Conditions shall be deemed sufficiently given when forwarded by e-mail addressed to you at any e-mail address you have given us or to us at the e-mail address displayed at the start of these General Conditions
8.6 The Conditions are governed by the laws of England and Wales and each of us agrees to submit to the exclusive jurisdiction of the English courts.
PART 2
SUPPLEMENTAL CONDITIONS
(Members only)
These terms and conditions are supplemental to the General Conditions.
1 REGISTRATION
1.1 You warrant that the name, address, and company details and any other information that you provide when you Register are accurate. You further warrant that you have the capacity and authority to undertake this Agreement.
1.2 Your Membership is non transferable.
1.3 Responsibility for the security of your user name and passwords rests with you and you are responsible for all actions taken under that user name and password. You shall only use the Site under your own user name and password.
2 THE SERVICES
2.1 The Site acts as a channel 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 which are entered on the Site, the quotes or tenders that a Transport Provider makes and/or Transactions that take place through the Site.
2.2 If you are a Transport Provider you hereby agree that the Site is for the provision of the Services only and that work that you provide will only involve the provision of the Services. 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. You further agree that you will not knowingly supply the Services to a Member for a period of twelve months after a Transaction has been concluded without paying our Fee for the Services that you provide. Such Fees are to be paid into your Transport Provider account within 7 days of receipt of payment by you from the Member and are to be calculated in accordance with condition 6.
2.3 It is the responsibility of the User to select whether to proceed by way of reverse auction or tender and thereafter 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.
3 DISCLAIMER
3.1 No third party shall accrue any rights in relation to a Transaction. 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 Successful Transport Provider) or the Job, whether as to quality, quantity, delivery or price.
3.2 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 bidding process. We operate purely as a neutral channel through which Transport Providers and Users may agree on a price for a Job.
4 MOVEMENT OF GOODS
4.1 Certain goods may not be transported due to their hazardous, dangerous or illegal nature. A Member should not post Jobs in respect of such items without fully disclosing their exact nature. If you are unsure of the legality of your shipment do not post the Job.
4.2 Full responsibility for compliance with all laws and regulations that relate to the transportation of hazardous and restricted goods rests with the parties to the Transaction.
4.3 No representation is made or warranty given as to the content or usability of any directions or their appropriateness for any particular journey or vehicle given by Us or through any third party link. We assume no responsibility for any loss, damage, or delay howsoever resulting from use of the same.
5 SUCCESS FEE
5.1 We charge the Fee to Successful Transport Providers. A Transaction will be considered to be secured if after quoting or tendering for a Job and being subsequently contacted by a User via the Site a Transport Provider is paid the Fee by the User.
5.2 As a Transport Provider there are no registration fees; subscription fees; lead fees or quote fees. Instead we charge a Success Fee which is equal to either a percentage of the transportation costs agreed, or a minimum fee (whichever is greater) calculated as follows:
| Bid / Quote Amount | Tiered Success Fee |
|---|---|
| £0.00 - £35.00 | £5.00 + VAT |
| £35.00 - £150.00 | 9.9% of the accepted price up to £150.00 + VAT, with a minimum fee of £6.50 + VAT |
| £150.00 - £300.00 | 7.9% of the balance between £150.00 & £300.00 + VAT, plus 9.9% of the initial £150.00 + VAT |
| £300.00 - £600.00 | 6.9% of the balance between £300.00 & £600.00 + VAT, plus 7.9% of the balance between £150.00 & £300.00 + VAT, plus 9.9% of the initial £150.00 + VAT |
| £600.00 - £1000.00 | 5.9% of the balance between £600.00 & £1000.00 + VAT, plus 6.9% of the balance between £300.00 & £600.00 + VAT, plus 9.9% of the balance between £150.00 & £300.00 + VAT, plus 9.9% of the initial £150.00 + VAT |
| £1000.00 + | 1.9% of the remaining balance over £1000.00 + VAT, plus 5.9% of the balance between £600.00 & £1000.00 + VAT, plus 6.9% of the balance between £300.00 & £600.00 + VAT, plus 9.9% of the balance between £150.00 & £300.00 + VAT, plus 9.9% of the initial £150.00 + VAT |
Anything up to £35.00 is a fixed price of £5.00 + VAT
Anything between £35.01 and £150.00 is based on a minimum of 9.9% of the fee amount with a minimum of £6.50 + VAT.
5.3 The incurring of the Fee is independent of the actual performance of the Transaction. Subject to condition 6, the obligation to pay the Fee therefore still applies if a Job is placed via the Site but is not subsequently carried out and/or the Transaction is later terminated. The Fee may be waived at our absolute discretion.
5.4 The site is free to use for Users. When you accept a quote/tender, a deposit fee is payable. The fee amount is deducted from the total value of the accepted bid. The balance of payment is made directly to the Transport Provider according to the terms agreed between both parties.
5.5 If you are a Transport Provider you are responsible for collecting and remitting any and all VAT associated with a Transaction. Your quote/tender amount for the Job is inclusive of VAT. You shall not submit a quote/tender amount excluding VAT and then charge VAT on top of your bid price once your bid has been accepted.
5.6 We reserve the right to change the basis for the calculation of the Fee at our discretion. We will notify Members on the Site before effecting any change.
6 CANCELLATIONS
6.1 Users and Successful Transport Providers will negotiate directly once there has been a successful bid. Either party can make a Cancellation Request at any time prior to performance. When you make a Cancellation Request the other party to the proposed Transaction will be notified and will have 48 hours to respond by either accepting the Cancellation Request or rejecting the Cancellation Request and requesting review by Us
6.2 If the Cancellation Request is accepted by the other party the Job can either be relisted or deleted by the Member. If the request is rejected by the other party We will make a decision on whether to approve or not to approve the Cancellation Request. Our decision is final. Any party who does not comply with our decision may have their Membership terminated. Each party may provide feedback on the nature of the reason for Cancellation.
6.3 If the other party does not respond to a Cancellation Request within the 48 hour period, the Cancellation Request will automatically be accepted. The Fee may be refunded at our sole discretion.
7 FEEDBACK
7.1 We use feedback evaluations from Members on each other's performance in the course of the Transaction to monitor compliance with the Conditions in the fulfilment or otherwise of a Transaction. Members can then base their decision to transact with a particular Member on historical evidence. We do not guarantee the accuracy of any feedback.
7.2 A rating of positive, neutral or negative along with a general comment can be left on the performance of a Member. An overall feedback score for a particular Member is the mean of the ratings that he or she has received.
7.3 You accept that Members will leave feedback about you and that your overall feedback rating will be calculated in accordance with condition 7.2. You agree that you will not use any feedback received on the Site on any venue or website that is not the Site. We do not review feedback and you acknowledge that We are in no way liable for the content of any feedback about you.
8 ERROR REPORTING
Certain parts of the Site have a facility which enables Members and visitors to identify errors in the text and possible breaches of the Conditions. Where the facility is available the text can be marked which will result in a review being undertaken by Us. Following review we will make amendments where necessary and/or notify Members of any breach of the Conditions asking for the same to be remedied. Our decision is final and we reserve the right to terminate the Membership of any Member who fails to comply.
9 TERMINATION OF MEMBERSHIP
9.1 In addition to the express reservations contained in conditions 6.2 and 8 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.
9.2 The reason (if any) for termination may be published on the Site or communicated to specific Members at our sole discretion.
10. GENERAL
10.1 You agree to indemnify Us from and against any and all liabilities, fees, expenses and damages arising out of claims based upon or relating to your use of the Site or in respect of a Transaction, including any claim of violation of rights of privacy, publicity, loss of service, incorrect information, libel, defamation, non-supply, fraud, infringement of intellectual property or other rights or any other claims whatsoever.
10.2 If any of the Conditions or part thereof is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will not be deemed to be prejudiced.
