Our Terms & Conditions
1. Definitions
In these Terms and Conditions the following expressions shall have the following meanings -
1.1 'LGVDC' means LGV Drivers Choice Ltd.
1.2 'Client' means the person, company or other legal entity identified as providing a request to LGV Drivers Choice Ltd to supply Services via an LMS system.
1.3 'Services' means the training/compliance/information to be provided by LGV Drivers Choice Ltd.
1.4 'LMS' means Learning Management System
2. Scope
Unless otherwise agreed by LGVDC, in writing, prior to agreement by the Client to these Terms and Conditions the Client agrees that the provisions of these Terms and Conditions shall constitute all of the provisions relating to the Services to be provided to the Client by LGV. No other terms and conditions shall be accepted.
3. Price
3.1 The price payable for the Services shall be the list price of LGVDC unless otherwise agreed in writing.
3.2 LGVDC reserves the right to increase the price from that advertised on the website or in other forms at our discretion and for any reason prior to the course commencement. Where this affects the price payable by the customer and the customer has made payment of the previous advertised price (not including Purchase Orders and Reservations) and does not wish to proceed at the increased price a full refund will be payable.
3.3 The price is for the complete package via LMS.
3.4 An additional charge will apply for adding your logo, pictures and any other requested changes. Charges to be agreed before any work is started.
3.5 All prices are exclusive of Value Added Tax, and this will be charged at the appropriate rate.
4. Terms of Payment
4.1 Where the Services are requested payment by cheque, debit card or bank transfer is required before the course is commenced.
4.2 Where other work is undertaken by LGVDC, a deposit is required and full payment is required prior to delivery or as otherwise agreed in writing.
4.3 LGV is entitled to charge interest at 2% per month, or part thereof, on overdue payments.
4.4 Where pre-agreed by LGVDC payment may be agreed by Purchase Order (from a company based within the UK only). Where payment by Purchase Order is agreed these Terms and Conditions shall remain in full force and no variation to these Terms and Conditions is accepted by LGVDC whether detailed by the Customer within the Purchase Order or by another means without specific acceptance by LGVDC in writing.
4.5 Where an agreement has not been provided in writing any additions or variations to these Terms and Conditions shall be null and void.
5. Training Courses
5.1 LGVDC provides training accessible via an LMS system To the best knowledge of LGVDC, this platform is suitably to deliver the training courses offered.
5.2 The contents of course specifications are intended for general guidance only and do not form any part of a contract. LGVDC reserves the right to make any reasonable variations to content without notice.
5.3 The indication of course availability on the LMS system is for general guidance and does not form any part of a contract.
5.4 It is the responsibility of the Client to ensure that the assignees (drivers/course students) meet the prerequisites of the course on which they are booked/assigned and that the course content meets their requirements.
5.5 LGVDC will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.
5.6 Unless otherwise indicated, all courses are delivered solely in English, and all delegates must be sufficiently proficient in English language before attending a course.
6. Liability
6.1 LGVDC's total liability for any loss or damage shall not exceed the price payable for the Service, except in cases of direct physical damage to the Client’s property, personal injury or death.
6.2 LGV shall not be liable, howsoever, caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.
7. Force Majeure
7.1 LGVDC shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.
7.2 If LGVDC is unable to perform its duties and obligations under this contract as a direct result of one or more such causes LGVDC shall give written notice to the Client of such inability stating the cause in question.
8. Data Protection and Confidentiality
8.1 The policy of LGVDC with respect to data protection is detailed in these Terms and Conditions, and it's Privacy Notice which should be read in conjunction with these terms and conditions of the contract.
8.2 The Client consents to allow LGVDC full access to test results. This information will be used in accordance with the requirements of relevant data protection legislation. The data will only be used to evaluate the effectiveness of training and to assist LGVDC in providing advice to its clients.
8.3 All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it LGVDC, its Training Provider or others.
8.4 Services purchased from LGVDC are distance learning products, then, as such, the Client shall abide by all reasonable terms of any licence agreement applicable.
8.5 Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of LGVDC. The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.
8.6 Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify LGV against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.
9. Slavery and Human Trafficking Statement
9.1 Modern slavery is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person’s liberty by another in order to exploit them for personal or commercial gain.
9.2 We have a zero-tolerance approach to modern slavery, and we are committed to acting ethically and with integrity in all our business dealings and relationships and to implementing and enforcing procedures to ensure modern slavery is not taking place anywhere in our own business or in any of our supply chains.
9.3 We are committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chains. Our commitment is to act ethically and with integrity in all our business relationships and to implement and enforce effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our supply chains.
9.4 We have zero tolerance to slavery and human trafficking. We expect the same high standards from all of our contractors, suppliers and other business partners and we expect our suppliers to hold their own suppliers to the same high standards.
10. General
10.1 Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by LGVDC shall be subject to correction without any liability on the part of LGVDC.
10.2 No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of LGVDC.
10.3 LGVDC may assign or sub-contract the whole or any part of the Contract to any person, firm or company.
10.4 These Terms and Conditions expressly exclude any right afforded the Client or any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
10.5 All parties (including LGVDC and the Client) shall comply with the Anti-Bribery Act 2010 and will make it clear to those providing services to it, that it does not accept or condone the payment of bribes on its behalf.
10.6 The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
We have the right to revise and amend these terms and conditions from time to time.
LGV Drivers Choice Ltd
September 2020
