Terms and Conditions of Business (‘Terms’)
Please ensure you read and understand the content of these Terms and Conditions. In continuing to use HGV Express Limited you agree to be bound by this document and its content. These Terms and Conditions apply to all dealings with HGV Express Limited.
These Terms and Conditions prevail in the event that any other document conflicts with the same. Please address any queries regarding the same to the contacts listed in the Contact Us section of the website.
HGV Express Limited reserve the right to change the Terms and Conditions from time to time, and the Customers continued use of the Website or mobile application (or any part thereof) following such change shall be deemed to be your acceptance of such change.
It is the Customers responsibility to check regularly to determine whether the Conditions have been changed.
If you do not agree to any change to the Conditions then you must immediately stop using HGV Express Limited.
By utilising the Services of HGV Express Limited you agree to the following:
1.1 In these Conditions the following definitions apply:
means the person[s] or firm who utilises the Services of HGV Express Limited (“the Company”);
means HGV Express Limited (registered company number: 07145773) whose registered address is 2 Portal Way, Gypsy Corner, London W3 6RT;
means the terms and conditions set out in this document;
means any commercial, financial or technical information, information relating to products, plans, knowhow or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to this Contract;
means the agreement between the Customer and the Company for the purchase of the Services incorporating these Conditions;
means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract including (but not limited to) an act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest, strike, lockout or boycott or other industrial action; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required by for performance of the Contract, except any party’s failure to pay shall not be an event of force majeure in any event;
‘Intellectual Property Rights’
means copyright, patents, know-how, trade secrets, trade marks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, chip topography rights, mask works, utility models, domain names and all similar rights and, in each case:
(i) whether registered or not,
(ii) including any applications to protect or register such rights,
(iii) including all renewals and extensions of such rights or applications,
(iv) whether vested, contingent or future,
(v) to which the Company is or may be entitled and
(vi) in whichever part of the world existing;
means the Customer’s order for the Services from the Company as set out in the Customer’s written acceptance of the Customer’s quotation for the supply of Services;
means the services the Company agrees to provide to the Customer as set out in paragraph 5 of this document;
means the description or specification of the Services set out in the Order;
‘Value Added Tax or VAT’
means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Services.
1.2 Unless the context otherwise requires:
1.2.1 each gender includes the others;
1.2.2 the singular includes the plural and vice versa;
1.2.3 references to the Contract include the Conditions, the Order and its schedule (if any);
1.2.4 references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
1.2.5 clause headings do not affect their interpretation;
1.2.6 general words are not limited by example; and
1.2.7 references to any legislation will be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2. Application of these terms and conditions
2.1 These terms and conditions apply and form part of the Contract between the Company and the Customer. They supersede any previously issued terms and conditions of supply.
2.1.1 The company reserves the right to change or amend these terms and conditions (‘Terms’) at any time without notice. These changes are in accordance with the law and does not affect a customer’s statutory rights. An updated version of these terms can be found on the company website.
2.2 No terms or conditions endorsed on, delivered with, or contained in the Customer ‘s purchase order, confirmation of order, specification or other document will form part of the Contract.
2.3 No variation of these Conditions or to an Order, or to a quotation from the Company will be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of the Company.
2.4 Each Order by the Customer to the Company will be deemed to be an offer to purchase Services and subject to the Conditions.
2.5 The Company reserves the right at all times to reject any Order, in whole or in part, at its sole discretion.
2.6 Any quotation by the Company for the provision of Services will be deemed to be:
2.6.1 an invitation to treat (and shall not be an offer) by the Company to supply Services on and subject to the Conditions; and
2.6.2 will be valid for 28 days only from the date of issue.
2.7 A Contract will be formed upon the earlier to occur of:
2.7.1 written acceptance by the Company of the Customer’s Order; and
2.7.2 the execution of a specific written agreement by both the Company and the Customer.
3.1 The price for the Services will be as set out in the Order or in default of such provision will be calculated in accordance with the Company’s standard scale of charges in force on the date of formation of the Contract.
3.2 The price:
3.2.1 includes Value Added Tax.
3.2.2 The Company reserves the right to increase the Price for any Services not yet provided.
4.1 VAT will be charged by the Company and paid by the Customer at the then applicable rate.
4.2 The Company only accept payment for Services in Pounds (£) Sterling.
4.3 If you choose to pay for an item using a payment card with a foreign currency denominated account, the account will still be taken in Pounds (£) Sterling at the conversion rate applied by the relevant payment scheme at the time of processing your order.
4.4 Please note that if we suspect fraud we have the right to cancel your transaction for security reasons. In most cases, you will be notified of fraud or authorisation issues before you complete the transaction.
4.5 Orders may be paid using credit card or debit card.
4.6 By making an offer to buy a product you authorise us to transmit information or to obtain information about you from third parties from time to time including, but not limited to, your credit or debit card details, to authenticate your identity, to validate your credit or debit card, to obtain initial card authorisation and to authenticate individual purchases; and to your delivery carrier to enable it to arrange delivery of your Services to your selected delivery address.
4.7 Once payment is received and authorised the product will be dispatched.
5. Obligations of the Company
5.1 HGV Express will provide the following Services to the Customer:
5.1.1 Advise the Customer whether or not they are suited to a career as an HGV driver;
5.1.2 Advise the Customer on all available HGV Express training packages;
5.1.3 Provide theory test training materials (unique revision-access details) and pay for the first HGV theory test;
5.1.4 Arrange driver training for Category C and Category C+E, plus practical assessment as applicable.
6. Obligations of the Customer
6.1 Upon registration with the company, candidates have a total of three months in which to complete their LGV medical examination, their LGV theory test [all elements, as required] and their LGV practical training course and/or DVSA practical exam. Within this time frame, all aspects as above must be booked in and confirmed with the company through email.
6.1.1 Failure to comply with obligations outlined in 6.1 may result in cancellation of your course, with no refund of course fees.
6.2 The Customer will:
6.2.1 place all Orders on these Conditions and ensure that the contents of any Order are complete and accurate;
6.2.2 provide accurate and full information to the Company at all times. The Customer will be in possession of all necessary legal driving documents at all times whilst undertaking their course;
6.2.3 On the day of their theory or practical driving test, the Customer will show to the theory test centre or Driver and Vehicle Standards Agency (DVSA) examiner a legitimate form of photographic ID, their current driving license (with the correct driving entitlement) and, where appropriate, a valid theory test pass certificate. If these conditions are not met, the Customer may fail the relevant assessment and will forfeit all fees paid to the Company in relation to that assessment;
6.2.4 If the Customer is considered by the Company or its accredited training partners to be under the influence of alcohol or illegal drugs at any time, the course will be terminated and all relevant fees will be forfeited;
6.2.5 Theory tests booked with the DVSA by the Company on behalf of the Customer will be subject to all DVSA terms and conditions in relation to cancellation and/or refund of any monies paid;
6.2.6 It is the responsibility of the Customer to ensure that the correct provisional entitlement has been added to his/her driving license by the DVLA. Any Customer without the correct entitlement will legally not be allowed to train, and all monies paid towards course fees will be forfeited. It is the responsibility of the Customer to ensure their driving license is valid. If a Customer is banned from driving at any point during the course, any monies paid by the Customer are non-refundable;
6.2.7 adhere to the course times as per joining instructions. Failure to attend any part of the course or late arrival may result in the Customer being refused entry, and the full cost of the course may be forfeited. On booking an HGV training course, the Customer accepts the terms and conditions as outlined by the Company in this document;
6.2.8 ensure, where applicable, they are free from any conditions, ailments or injuries that might affect their ability to participate in the practical elements of the course. Where a trainee falls ill and cannot attend all or part of a training programme, the fee for the session will be forfeited;
6.2.9 following the fourteen-day cooling off period, any Customer who decides that they no longer wish to continue their course will have forfeited their deposit and all payments made to-date. In addition, they must fulfill their obligation to continue repaying the entire outstanding balance (receiving training material from the Company, access the online login for theory revision and attending a medical assessment constitutes commencement of course)
7. Training and Customer Satisfaction
7.1 The Company will ensure that only equipment of proven roadworthy quality is provided for the duration of training and the practical assessment. The Company will also ensure that only suitably qualified personnel provide the training. In the event of the training vehicle breaking down, or bad weather having serious adverse effect on the training, the Company will arrange for the Customer to have further training to make up for any lost time. Any Customer who feels that the Company have not provided satisfactory training (initially or as compensation) must inform the Company Customer Service team of any issues with the training in the first instance so that an amicable resolution can be attempted as soon as possible. In the event that the Company fails to provide the aforementioned, or have not taken steps in attempt to resolve the situation, the Customer may be entitled to a full refund dependent on the circumstances
7.2 The Company cannot be held responsible for any incident or occurrence outside its control that affects the provision of any given course date, course forecast, course content or course timing. including cancellation, amendment or re-scheduling for whichever given reason in accordance with clause 11 below. In such circumstance, the Company will make every reasonable effort to provide alternative arrangements.
7.3 The Company cannot be held responsible for any practical assessment being cancelled by the DVSA. Should this occur, the Customer may not retain the charge for one day’s vehicle hire, and must direct any claim for reimbursement of test fees to the DVSA.
7.4 In the event of the closure of a Company training centre wherein the customer has already commenced their training, any remaining training will be offered at the nearest Company centre to their home. In addition, the Company will endeavour to arrange practical training at the most convenient location for the Customer. This is based on availability, and the Company cannot be held as liable should training not take place in a Customer’s town or city of residence.
7.5 DVSA theory and practical assessments are additionally subject to all terms and conditions set out by the DVSA. Should a Customer become ill, any test fee lost must be reclaimed from the DVSA and is subject to their terms and conditions.
7.6 Any pre or post training complaints or issues about the HGV training course should be directed to the Company Customer Service team formally in writing. All correspondence relating to pre and post training complaints, issues and/or cancellation must be sent by post. The Company advises that, for the avoidance of doubt, proof of postage is obtained by way of Royal Mail Recorded Delivery. The Company will endeavour to issue a formal response within fourteen working days.
7.7 Any Customer wishing to cancel their training course should inform the Customer Service team in writing. All correspondence must be sent recorded delivery to arrive within fourteen days of the course being paid for. No refund will be made after fourteen days unless the Customer fails their medical assessment, and subsequently provides DVLA proof that they may not hold a valid HGV or PCV driving licence.
7.8 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, when a course is booked without face-to-face contact, the Customer may cancel the contract within fourteen days (.cooling-off period.) of that contract having been concluded.
7.9 Subject to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, all monies paid towards the course fees as either deposit, part payment, balance payment or any form of installment payment outside of the aforementioned cooling off period, are non-refundable or transferable.
7.10 All .double licence. or .combination. courses (consisting of both Category C & Category C+E practical assessments) can be considered as one course; therefore any cancellations to all or part of the course are subject to the conditions set out in clause 12.
7.11 Should a Customer decide to reschedule or cancel training or test dates already booked, an administration fee may be applied. Customers must express their desire to cancel or rearrange their booking no later than three weeks before the first day of their training. In some cases, the cost of this training and/or assessment may be forfeited in full. All requests to change dates must be confirmed in writing.
7.12 The Pass Protection policy offers the trainee a total of one retest without extra charge. The Company will provide extra tuition on the day of the retest, where necessary. Any retest required in addition to those provided by the Pass Protection policy will be charged at our normal current daily rate plus the DVSA test fee.
7.13 The Pass Protection policy is only valid if the Customer fails their test or is deemed to be below the minimum standard required to take a test by the Company or the relevant accredited partner instructor. Non utilized pass protection is non-refundable.
7.14 Once a course is purchased, it cannot be changed or swapped for any other course.
7.15 In the event that a candidate declines our Pass Protection module at the point of purchase through finance, they will forego the opportunity for a discounted retest, and will therefore ensure that the retest, where required, will be charged at the present daily rate.
8.1 The Company does not exclude its liability:
8.1.1 for death or personal injury caused by its negligence; or
8.1.2 for breach of the terms implied by s 12 of the Sale of Services Act 1979 and by s 2 of the Supply of Services and Services Act 1982; or
8.1.3 for defective products under the Consumer Protection Act 1987; or
8.1.4 for fraud or fraudulent misrepresentation.
8.2 Neither party will be liable for:
8.2.1 loss of data or use
8.2.2 any form of indirect, consequential or special loss, or
8.2.3 any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether any such loss is direct or indirect, and, in each case, however arising.
9. Third Party Intellectual Property Rights infringement
9.1 The Company will defend or, at its option, settle any action brought against the Customer arising from any claim that the use of the Services by the Customer in accordance with the Contract infringes any third party Intellectual Property Right, and indemnify the Customer against all reasonable costs and expenses incurred by the Customer in connection with such claim.
9.2 The Company’s obligations will not apply to Services modified or used by the Customer other than in accordance with the Conditions. The Customer will indemnify the Company against all reasonable costs and expenses incurred by the Company in connection with any claim arising from such modification or use.
9.3 The Company’s obligations under clause 9.1 are conditional on the Customer:
9.3.1 promptly advising the Company in writing of any claim or action;
9.3.2 making no admission as to, or settlement or compromise of any claim or action without the Company’s prior written consent;
9.3.3 giving the Company sole conduct of any defence and any settlement negotiations, and
9.3.4 co-operating fully with the Company and providing the Company with all reasonable assistance in the defence or settlement of such claim or action.
9.4 The Customer’s reasonable costs of compliance with clauses 9.3 will be paid by the Company.
9.5 The provisions of this clause 9 set out the Company’s entire liability and the Customer’s sole right in respect of third party Intellectual Property Rights infringement claims or actions.
10.1 Each party shall keep confidential all Confidential Information of the other party and will only use the other’s Confidential Information as required to perform the Contract. The provisions of this clause will not apply to:
10.1.1 any information which was in the public domain at the date of this Contract;
10.1.2 any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement;
10.1.3 any information which is independently developed by the other party without using information supplied by the first party; or
10.1.4 any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract.
10.2 This clause 10 will remain in force for a period of five years from the date of the Contract.
11. Force Majeure
11.1 A party will not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:
11.1.1 promptly notifies the other of the Force Majeure event and its expected duration; and
11.1.2 uses reasonable endeavours to minimise the effects of that event.
11.2 If, due to Force Majeure, a party:
11.2.1 is or will be unable to perform a material obligation; or
11.2.2 is delayed in or prevented from performing its obligations for a continuous period exceeding 30 days then the other party may terminate the Contract on immediate written notice.
12.1 The Contract may be terminated forthwith at any time by the Company on written notice to the Customer if:
12.1.1 the Customer commits a material breach, or series of breaches resulting in a material breach, of the Contract and such breach is not remediable or if capable of remedy is not remedied within 15 days of written notice to do so;
12.1.2 the Customer suspends or threatens to suspend payment of its debts, or is unable to pay its debts as they fall due;
12.1.3 the Customer (a) negotiates with its creditors for rescheduling of its debts, (b) makes a proposal to or compounds with its creditors in respect of its or (c) makes an application to court for protection from its creditors generally;
12.1.4 the Customer passes a resolution for winding-up or for the appointment of an administrator, or a liquidator or administrator is appointed in relation to the other, or a winding-up order is made in relation to the;
12.1.5 a receiver or administrative receiver may be or is appointed in relation to the Customer or any of its assets;
12.1.6 any creditor of the Customer attaches, takes possession of, or any distress, execution or similar process is levied or enforced against, all or any part of the Customer’s assets, and such attachment or process is not discharged within 14 days;
12.1.7 the Customer takes or suffers any action similar to any of the above in any jurisdiction;
12.1.8 there is a material change in the nature of the Customer;
12.1.9 the Customer (being a company, sole trader) suspends trading, ceases to carry on business, or threatens to do either;
12.1.10 the Customer, (being an individual) dies or ceases to be capable of managing his own affairs; or
12.1.11 the Customer is subject to an event of Force Majeure under clause 11.
12.2 In addition to its rights under clause 12.1 the Company may terminate this Contract at any time by giving 14 days’ written notice to the Customer if the Customer has failed to pay any amount due under the Contract;
12.3 On termination of the Contract for any reason:
12.3.1 Customer will forthwith return any materials of the Company then in its possession or control; if it fails to do so, the Company may enter onto any premises owned by or under the control of the and take possession of them;
12.3.2 the accrued rights and liabilities of the parties will not be affected; and
12.3.3 any clause which expressly or by implication are to survive termination will do so.
13.1 Time Unless stated otherwise, time is not of the essence of any date or period specified in these Conditions or in the Contract.
13.2 No set-off All payments by the Customer will be made without set-off or counterclaim, free and clear of and without deduction for any tax, levy, duty, charge, or withholdings of any kind now or in the future, imposed in any jurisdiction unless a party is compelled by law to deduct or withhold any such amounts, in which case it will pay to the other such additional amount as will ensure that the other is paid the full amount it would have received but for such deduction or withholding.
13.3 Severability If any part of these Conditions is found by a court, tribunal or other administrative body of competent jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from the Conditions and the remaining provisions of the Conditions will otherwise remain in full force.
13.4 Notices under the Contract will be in writing and sent to the persons and addresses set out in the Order. They may be given, and will be deemed received:
13.4.1 by first-class post: two Business Days after posting;
13.4.2 by airmail: seven Business Day after posting;
13.4.3 by hand: on delivery;
13.4.4 by facsimile: on receipt of a successful transmission report from the correct number, and
13.4.5 by e-mail: on receipt of a delivery or read receipt mail from the correct address.
13.5 Waiver No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
13.6 Rights of Third Parties This Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.7 Priority The terms of the Conditions prevail over those of the Order or Schedule (if any).
13.8 Entire Agreement The Contract constitutes the entire agreement between the parties in relation to its subject matter. No other terms apply.
13.9 Succession The Contract will bind and benefit each party’s successors and personal representatives.
13.10 Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to all transactions carried out between the Customer and the Company, specifically:
13.11 Right to cancel
13.11.1 If a cancellation request is received within 14 days of the initial transaction (providing clause 13.13 does not apply): a full refund will be given minus a £100(GBP) charge for disbursements to cover costs incurred from postage, registration fees, and administration costs.
13.11.2 The term ‘Course Bookings’ and ‘Booking’ applies to any customer who has made a full or part-payment towards any course provided by the company. In line with the Consumer Contracts Regulations 2013, if a customer has gained access to their online Theory Test training software account, the training has deemed to have begun, the 14-day ‘cooling off’ period (outlined in clause 7.8) will no longer apply and the refund will be subject to the deductions outlined in the remainder of section 13.
13.11.3 If a request is received within 14 days of the initial transaction and Online Training has begun: a cancellation fee of £200(GBP) applies.
13.11.4 Cancellation of the training course during the first 30 days following purchase (provided clause 7.8 does not apply) will make the candidate responsible for a cancellation fee of 30% of the total cost or £300(GBP), whichever is greater.
13.11.5 Cancellation of the training course during the second month [between 30 and 60 days] following purchase will make the candidate responsible for a cancellation fee of 40% of total cost or £700(GBP), whichever is greater.
13.11.6 Cancellation of the training course after 60 days and before 6 calendar months will make the candidate responsible for a cancellation fee of 50% of the total cost or £1,000(GBP), whichever is greater.
13.11.7 If a cancellation request is received and dates have been secured and confirmed in writing (via email, SMS, or post) or by recorded audio (via telephone call), either for a Theory Test, Practical Training, or the Practical Test: a cancellation fee of 100% applies.
13.11.8 If a cancellation request is received after 6 calendar months of the initial transaction: a cancellation fee of 100% applies.
13.11.9 Cancellation of the finance agreement will take place once the cancellation fee is paid via debit card, credit card, or BACS and the payment is cleared.
13.12 To exercise the right to cancel, the Customer must inform the Company of their decision to cancel this contract by a clear statement (e.g. a letter sent by post, e-mail and/or fax). If sent by post, the Company advises that, for the avoidance of doubt, proof of postage is obtained by way of Royal Mail Recorded Delivery.
13.13 To meet the cancellation deadline, it is sufficient for the Customer to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.
13.14 Effects of cancellation
13.15 If the Customer cancels this contract, the Company will reimburse to the Customer all payments received from you, including, if applicable, the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us);
13.16 The Company may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by the Customer;
13.17 The Company will make the reimbursement without undue delay, and not later than.
(a) 14 days after the day the Company received back from the Customer any goods supplied, or;
(b) (if earlier) 14 days after the day the Customer provides evidence that they have returned the goods, or;
(c) if there were no goods supplied, 14 days after the day on which the Company is informed about their decision to cancel this contract.
The Company will make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of the reimbursement.
13.18 Statutory Rights
These Terms and Conditions do not affect your statutory rights.
13.19 Governing Law & Jurisdiction
13.19.1 The Contract will be governed by the laws of England and Wales.
13.19.2 Disputes will be submitted to the non-exclusive jurisdiction of the courts of England and Wales.
14. Information about us and how to contact us
14.1 We are a company registered in England and Wales. Our registered office is at HGV Express Limited (registered company number: 07145773) whose registered address is 2 Portal Way, Gypsy Corner, London W3 6RT.
14.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 0800 3101 040 or by e-mailing us at firstname.lastname@example.org.
14.3 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to the address in clause 14.1 above. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.