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These Terms and Conditions govern your use of the LicenceCheck.org service. By using the LicenceCheck.org service, you agree to abide by these Terms and Conditions.
1. Interpretation
1.1. The following definitions apply to these terms and conditions:
* "Account" means your specific facility set up within the LicenceCheck.org system, which allows you to access the Driving Licence Checking Service.
* "Approval" means the consent given by a Data Subject for the checking of their driving licence record.
* "Charges" means the fees payable for the Service, as detailed in these Terms and Conditions.
* "Company" means Fleet Transport Consultants Ltd, trading as LicenceCheck.org, of 11 Ouchthorpe Lane, Wakefield, WF1 3HS, including its subcontractors and agents.
* "Customer" means the legal entity or person using the Service from the Company.
* "Customer Data" means information supplied by you to access the Service, including Personal Data relating to drivers.
* "Data Subject" means the individual whose driving licence information is processed through the Service.
* "DVLA" means the Driver and Vehicle Licensing Authority.
* "Driving Licence Checking Service" means the service provided by LicenceCheck.org to verify the validity of driving licences, including endorsements and vehicle entitlements, and, where applicable, Tachograph and CPC card validity.
* "Output Data" means all information and data provided to you by the Company through the Service.
* "Personal Data" has the meaning given to it in the Data Protection Act 2018 and UK GDPR.
* "Service" means the LicenceCheck.org driving licence checking service, including all related software, systems, and reports.
* "Tachograph" means a device that records driving time and speed.
1.2. Clause headings are for convenience only and do not affect the interpretation of these Terms and Conditions.
2. Provision of the Service
2.1. LicenceCheck.org will provide the Driving Licence Checking Service to you subject to these Terms and Conditions. 2.2. The Service enables you to:
* Verify the validity of driving licences.
* Obtain information on endorsements.
* Check vehicle entitlement.
* Check the validity of Tachograph and CPC cards.
2.3. LicenceCheck.org utilises the services of the DVLA to obtain driving licence information.
2.4. LicenceCheck.org will provide the Service with reasonable skill and care.
2.5. LicenceCheck.org will process data on a Virtual Private Server and is ISO27001 certified.
3. Customer Responsibilities
3.1. You shall:
* Ensure that you have obtained valid Approval from each Data Subject before using the Service to check their driving licence.
* Use the Service only for lawful purposes and in accordance with all applicable laws and regulations.
* Be responsible for the accuracy of all information you provide to LicenceCheck.org.
* Comply with all instructions and guidelines provided by LicenceCheck.org regarding the use of the Service.
* Safeguard and be responsible for the security of your account credentials.
* Notify LicenceCheck.org immediately of any unauthorised use of your account.
3.2. You shall not:
* Use the Service to check driving licences without obtaining proper Approval.
* Resell or distribute the Service or any Output Data to any third party.
* Attempt to access or interfere with any part of the Service not intended for your use.
* Use the Service in any way that could damage LicenceCheck.org’s reputation or impair the provision of the Service to other customers.
4. Data Protection
4.1. Both parties shall comply with all applicable data protection laws, including the Data Protection Act 2018 and the UK GDPR.
4.2. You are the Data Controller and LicenceCheck.org is the Data Processor for any Personal Data processed under these Terms and Conditions.
4.3. LicenceCheck.org shall:
* Process Personal Data only in accordance with your instructions and for the purpose of providing the Service.
* Take appropriate technical and organisational measures to ensure the security of Personal Data.
* Ensure that its personnel are subject to obligations of confidentiality.
* Assist you in responding to requests from Data Subjects.
* Delete or return all your Data upon termination of your access to the Service, unless required to retain it by law.
4.4. You are responsible for:
* Obtaining and maintaining all necessary Approvals from Data Subjects for the processing of their Personal Data.
* Ensuring the lawfulness of the processing of Personal Data.
5. Intellectual Property
5.1. LicenceCheck.org retains all intellectual property rights in the Service, including all software, systems, and data.
5.2. You acquire no rights in the Service except for the right to use it in accordance with these Terms and Conditions.
6. Charges and Payment
6.1. The Charges for the Service are £1.99 per check.
6.2. Charges are payable monthly, based on the number of checks performed during the preceding month.
6.3. Payment is due within 15 days of the invoice date.
6.4. LicenceCheck.org reserves the right to suspend your access to the Service in the event of late payment.
6.5. An addition £0.50 is charged for each e-signature (Service provided by BoldSign) for online declaration using the D906/ADD virtual form.
7. Liability
7.1. Nothing in these Terms and Conditions shall exclude or limit either party's liability for:
* Death or personal injury caused by negligence.
* Fraud or fraudulent misrepresentation.
* Any other liability that cannot be excluded or limited by law.
7.2. Subject to clause 7.1, LicenceCheck.org's liability to you for any loss or damage arising out of or in connection with the Service shall be limited to the total amount earned by Fleet transport Consultants Ltd from the client in the last 12 months.
7.3. LicenceCheck.org shall not be liable for:
* Any indirect, consequential, or economic loss, including loss of profit, revenue, or data.
* Any loss or damage arising from your use of the Service in breach of these Terms and Conditions.
* Any loss or damage arising from your reliance on information provided by the DVLA.
7.4. You acknowledge that LicenceCheck.org relies on the DVLA for the accuracy of driving licence data and that Fleet Transport Consultants Ltd is not liable for any inaccuracies in that data.
8. Confidentiality
8.1. Both parties shall maintain the confidentiality of any confidential information received from the other party. 8.2. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.
9. Termination
9.1. Either party may terminate your access to the Service by providing [Number] days' written notice to the other party.
9.2. LicenceCheck.org may terminate your access to the Service with immediate effect if you:
* Breach any material term of these Terms and Conditions.
* Become insolvent or are subject to bankruptcy proceedings.
9.3. Upon termination, you shall cease all use of the Service and pay any outstanding charges.
10. Force Majeure
10.1. Neither party shall be liable for any failure or delay in performing its obligations under these Terms and Conditions to the extent that such failure or delay is caused by a Force Majeure Event. 10.2. A "Force Majeure Event" means any event beyond the reasonable control of a party, including but not limited to:
* Acts of God
* War or terrorism
* Strikes or industrial disputes
* Failure of essential services
11. Governing Law and Jurisdiction
11.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. 11.2. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions.
12. Data Retention
12.1. LicenceCheck.org will retain data for active users of the system. Expired data will be deleted from the system.
13. Contact Information
13.1. Any notices or communications relating to these Terms and Conditions shall be sent to:
* For LicenceCheck.org: 11 Ouchthorpe Lane, Wakefield, WF1 3HS or info@licencecheck.org or support@theftc.co.uk
14. Entire Agreement
14.1. These Terms and Conditions constitute the entire agreement between the parties relating to the Service and supersede all prior agreements and understandings.
15. Company Details
15.1. LicenceCheck.org is a trading name of Fleet Transport Consultants Ltd (FTC).