1.1. You (the "Customer") are permitted by DispatchSystem.co.uk to access and use the DispatchSystem.co.uk website and services and its various domains and subdomains (“Our Services”), as long as you agree to abide by these Terms & Conditions:
General Terms and Conditions
1. Use of Our Services
1.2. To use Our Services, you will need to create a company account, when you create this account you must provide us with accurate and complete registration information (company name, telephone number, email, business address, etc) and it is your responsibility to inform us of any changes to this information. If you need to tell us about a change, please update your profile from within your account or email us by using the 'Contact Us' form.
1.3. To use Our Services you must be at least 16 years, people under the age of 16 are prohibited from accessing Our Services. By accepting these Terms and Conditions you are confirming that you are over 16 years of age. Any user found to be younger than 16 will have their account suspended from the service until such time as they can prove they are 16 or older.
1.4. You are responsible for your account (This includes all Customer, Controller and Driver Profiles). You should make every effort to ensure that any and all usernames/passwords/pin numbers associated with Our Services are kept safe by all your assigned users and yourself.
1.5. For the avoidance of any doubt, any future reference to your "account" includes but is not limited to, your company account, your controller accounts, your driver accounts, your customer accounts, your API logins, and all relevant data stored and processed by Our Services within these.
1.6. You are responsible for all activity on your own DispatchSystem.co.uk User Account and any Driver Accounts you create. You must inform DispatchSystem.co.uk immediately if you suspect someone knows your password, or has been accessing your account.
1.7. If you forget or lose your password you can use the Get Help Logging In Link on the Failed Login Dialog. If we suspect an account is being used by someone other than the person that created it, then we may place a suspension on that account while we confirm the owner's identity.
1.8. All DispatchSystem.co.uk accounts are non-transferable. You may not willingly allow another person access to your account. Any user found to be sharing or transferring accounts will be suspended from Our Services. In the event of a new company owner, a new account must be created and data transferred. Instructions and policies regarding Ownership transfers can be found within our Access Policy.
1.9. DispatchSystem.co.uk accounts that are unused, suspended, or terminated will be deleted from the system along with any data attached, however, we may decide not to delete accounts that have; a positive/negative balance or an active subscription.
1.10. The service offered by DispatchSystem.co.uk does not include the provision of computer, mobiles or other equipment. To use Our Services you will require Internet connectivity and appropriate telecommunication links. Our Services shall not be liable for any telephone, data, or other costs that you may incur by using our services.
1.11. Using any public area of Our Services, including but not limited to blog comments and Marketplace Pages, for commercial use is not permitted without prior consent from Our Services.
1.12. Our Services users may not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information or services obtained from Our Services. All our intellectual property rights and those of persons providing content to the site are fully reserved.
1.13. DispatchSystem.co.uk users may not seek to obtain unauthorised access to DispatchSystem.co.uk computer systems, information or any of their databases. This includes any kind of penetration testing such as PCI Compliance Scans.
1.14. Our Services are only licensed for use via DispatchSystem.co.uk, Driver Mobile Applications, and the official API's. DispatchSystem.co.uk does not permit its customers to use the Our Services for any other purpose. You agree to use Our Services only via DispatchSystem.co.uk, mobile applications, and official API's and not through any other means. You further agree not to create or provide any other means through which others may use Our Services, including but not limited to web scraping and computer applications.
1.15. You agree you will not hold DispatchSystem.co.uk, its subsidiaries, partners, affiliates and employees, responsible for any breach to these Terms & Conditions. This would include, but is not limited to; responsibility for any reasonable legal costs made by any third party due to, or arising out of, any breach by you of these Terms & Conditions.
1.16. DispatchSystem.co.uk reserves the right to remove any services, whether provided free or for a charge, at any time without any notice. This includes Premium Plans, features, and items previously purchased that are no longer supported by Our Services.
2. Your Rights and Responsibilities
2.1. You have the right and control over your confidential information and can refuse any request from DispatchSystem.co.uk for such information, however this may effect the abilities we have for providing certain services.
2.2. You must provide all information detailed in section 1.2 when creating your account.
2.3. You must not provide DispatchSystem.co.uk or store on DispatchSystem.co.uk servers and site information and materials that are illegal, contrary to law and against public policy.
2.4. You shall not make DispatchSystem.co.uk liable for any omissions to third parties.
2.5. You have a responsibility to monitor and manage jobs in the system using the available tools irrelevant of the booking method.
2.6. Unless otherwise pronounced by a court in the UK, you agree that in any event DispatchSystem.co.uk’s liability for any damages and losses shall not under any circumstances exceed the amount paid by you to date.
2.7. You agree that DispatchSystem.co.uk may suspend or terminate your account without notice if:
2.7.1 DispatchSystem.co.uk reasonably believes that the services are being used in violation of these terms and conditions;
2.7.2 You have failed to cooperate with any reasonable investigation of any suspected violation of the terms and conditions;
2.7.3 DispatchSystem.co.uk reasonably believes that the suspension of service is necessary to protect its network or its other customers;
2.7.4 You initiate or threaten to initiate a charge-back or request a refund for any payments made to DispatchSystem.co.uk;
2.7.5 Your account becomes in default or holds a negative balance beyond that agreed by both parties in writing;
2.7.6 Your account holds an outstanding invoice that has not been settled within 24 hours of its due date;
2.7.7 per a request received by DispatchSystem.co.uk from a law enforcement or regulatory agency;
2.7.8 at any point DispatchSystem.co.uk decides to do so for any reason not prohibited by law;
2.8. You shall pay DispatchSystem.co.uk an administration fee of £50.00 GBP in the event of your account being suspended or terminated by any of Section 2.7.
2.9. You agree that if your services are suspended or terminated that DispatchSystem.co.uk has no obligation to store Confidential Information, including but not limited to, Client Information, Driver Information, and Future and Historical bookings and can destroy this information without liability.
2.10. In the event of server downtime and connectivity issues that caused by an error or malfunction under our control then we extend the licensing period in line with our Refund Policy.
2.11. DispatchSystem.co.uk Staff have the right to be free from acts or threats of disruptive behaviour, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation from you and your subsidiaries, partners, affiliates and employees. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated.
DispatchSystem.co.uk’s Rights and Responsibilities
3.1. DispatchSystem.co.uk has the right to get from you or your account any information relevant or necessary for Our Services to perform the Services under this Agreement provided that the reason for such need of information is appropriate and necessary.
3.2. DispatchSystem.co.uk has the right to refuse to allow account creation or provide its services if the performance of such will be injurious to DispatchSystem.co.uk’s interest and welfare.
3.3. DispatchSystem.co.uk has the right to decline to provide its services when the purpose is illegal, contrary to law and against public policy.
3.4. DispatchSystem.co.uk shall not be liable for any acts or omissions of the Client to third parties.
3.5. DispatchSystem.co.uk shall not be liable for any damages claimed by third party in relation to 2.4 of this agreement
3.6. DispatchSystem.co.uk requests that all communications to and from DispatchSystem.co.uk by any non-public medium be kept confidential unless agreed in writing for its disclosure.
3.7. DispatchSystem.co.uk agrees to regard the Client's Private Information, Driver's Private Information and Internal Processes Information as confidential.
3.8. DispatchSystem.co.uk does not have a responsibility over managing your fleet, this is on yourself per 2.5 of this agreement. DispatchSystem.co.uk is not responsible for anything that may occur before, during, or after a booking has been placed.
3.9. DispatchSystem.co.uk provides no guarantees regarding the operation or functioning of systems or its uptime, availability, and performance.
3.10. Our Services contain information from reliable sources. However, DispatchSystem.co.uk accepts no responsibility for this information, nor does it guarantee the accuracy of any information published.
3.11. DispatchSystem.co.uk provides reliable services and in good faith to you. However, DispatchSystem.co.uk gives no guarantee that the content and usability of the website, the software, and the other services offered are free from error. Our Services accepts no responsibility or liability for interruptions to the service it provides, infection by viruses or anything else that has contaminating or destructive properties.
3.12. DispatchSystem.co.uk will not be liable for any damages incurred by your use of, or inability to use, the website, any software or system, services provided, or any of its content or material. Further, DispatchSystem.co.uk will not be liable for any action taken against you as a result of your usage of the DispatchSystem.co.uk system, services, or any of its content.
3.13. DispatchSystem.co.uk reserves the right to add new services for additional fees and charges, or amend fees and charges for existing services without notice, although DispatchSystem.co.uk will attempt to announce such changes via the appropriate channels.
3.14. DispatchSystem.co.uk will not be held responsible for any damages, losses or claims as a result of your account or its services being suspended or terminated.
Payments and Service Charges
4.1. You acknowledge and agree that certain services are provided by DispatchSystem.co.uk for a fee or other charge.
4.2. DispatchSystem.co.uk reserves the right to withdraw enhanced services or make any changes to these services that it deems necessary. Information regarding the removal of such services will be announced via the relevant pages at DispatchSystem.co.uk or within the control panel.
4.3. DispatchSystem.co.uk from time to time may offer its users 'free' credits, which can be used as payment towards these enhanced services. The balance will be credited as time added to your license.
4.4. From time to time Our Services may offer, its customers, the right to purchase physical goods via DispatchSystem.co.uk. Where goods are sold directly through DispatchSystem.co.uk, you have the right to return these for a full refund (minus delivery charges) provided; the goods are returned at your own expense, within fourteen days of receipt and in the condition they were sold. Goods sold via third parties, the third parties Terms & Conditions will apply and DispatchSystem.co.uk assumes no liability for refunds on purchased items.
4.5. You acknowledge and agree that once a purchase is made, this includes, but is not limited to enhanced services; you have no rights to cancel the purchase/contract other than pursuant via these Terms and Conditions.
4.6. DispatchSystem.co.uk customers can if they desire terminate their account, requests to terminate their account must be emailed to support@dispatchsystem.co.uk with a copy of photographic identification and address documentation. Refunds of any service charges or active balances are not given on account termination.
4.7. DispatchSystem.co.uk reserves the right to add new services for additional fees and charges, or amend fees and charges for existing services, at any time at its sole discretion.
4.8. When you create an account with DispatchSystem.co.uk, you will be given an account balance of nil. In order to use certain services of DispatchSystem.co.uk you must maintain an account balance by pre-payment. Our Services account top-ups are final and refunds are not issued under any circumstances.
4.9. You are allowed to add time to your license as and when you wish; We use PayPal to keep everything nice and secure. You can also make bank transfers directly to us. Raise a ticket for help with this issue.
4.10. In the event your account hold a negative balance due to default, or a credit allowance is granted by DispatchSystem.co.uk, DispatchSystem.co.uk reserves the right to suspend your account at any time without notice per 2.7.6 of this agreement.
4.11. DispatchSystem.co.uk reserves the right to change, remove or add payment methods. The offer of any or all payment methods is at the sole discretion of DispatchSystem.co.uk.
4.12. DispatchSystem.co.uk is not responsible in any failure in the payment system, its payment processors, or any other third party and it is your responsibility to ensure a positive account balance is maintained.
4.13. You are responsible for ensuring you maintain an account balance to use any paid services provided by DispatchSystem.co.uk, in the event a service is requested and there are insufficient funds or credit such services may be blocked immediately or refused.
4.14. No cancellation notice is required by DispatchSystem.co.uk, if you wish to stop using Our Services, simply allow your license to expire. Please be aware your account may be deleted per section 1.9 of this agreement, unless a positive balance is maintained.
4.15. In case that there is a need to pay taxes and/or VAT for the performance of your Services provided in this agreement, you will be responsible of all the taxes and/or VAT related to the Services. This will be charged at time of top-up or renewal by adding the additional amount to specified top-up amount.
4.16. In the event of account suspension due to non-payment per 2.7.5 and/or 2.7.6, you agree to DispatchSystem.co.uk ‘s right to place a "non-payment" notice on your phone number, website, and mobile applications if applicable. Furthermore you agree that the phone numbers of any of your services remain unchanged until full payment for the outstanding balance on your account has been received by DispatchSystem.co.uk.
4.17. DispatchSystem.co.uk may record and transmit details of how the Customer has performed to a Credit Bureau, and how the account is conducted by the Customer in meeting their obligations on the account.
4.18. You agree by creating an account with DispatchSystem.co.uk to not issue or threaten to issue a charge-back dispute against our company or request a refund informally via your bank or card company. In the event you are upset with a charge you agree to communicate with DispatchSystem.co.uk to deal with any concerns you have in the first instance. Additionally:
4.18.1. If DispatchSystem.co.uk issues a refund under duress of a chargeback dispute DispatchSystem.co.uk does not waive your responsibility to the amounts owed and DispatchSystem.co.uk is not agreeing to any conditions, stipulations, or admitting fault by issuing such a refund. All amounts remain to be owed and payment on such transactions should be made immediately by bank transfer.
4.18.2. In the event of a charge-back case or dispute being received by your bank or payment processor, you agree to make payment for the owed amounts via Bank Transfer for the amount disputed plus a fee of £110 GBP per transaction to cover our expenses and costs.
4.19. In the event you hold an active account balance at DispatchSystem.co.uk and do not process any charges for a period greater than 30 days, an account maintenance charge of £2 GBP will be deducted every 30 days until your balance reaches zero.
Protection of Your Data
5.1. You and your account is entitled to confidentiality by DispatchSystem.co.uk of your respective information held on your account.
5.2. Your Information includes information developed or learned by DispatchSystem.co.uk during our performance of our services.
5.3. Your information also includes third-party information which is in your possession under an obligation of confidential treatment.
5.4. DispatchSystem.co.uk agrees that at all times during or subsequent to the performance of the Service, DispatchSystem.co.uk will keep confidential and not divulge, communicate, or use Client Information, except for DispatchSystem.co.uk’s own use during the Term of this Agreement to the extent necessary to perform its services.
5.5. DispatchSystem.co.uk’s obligations with respect to any portion of the Client Confidential Information as set forth above shall not apply when DispatchSystem.co.uk can document that:
5.5.1. It was in the public domain at the time it was communicated to DispatchSystem.co.uk by you;
5.5.2. It entered the public domain subsequent to the time it was communicated to DispatchSystem.co.uk by yourself through no fault of DispatchSystem.co.uk;
5.5.3. It was in DispatchSystem.co.uk’s possession free of any obligation of confidence at the time it was communicated to Our Services by you;
5.5.4. it was rightfully communicated to DispatchSystem.co.uk free of any obligation of confidence subsequent to the time it was communicated to Our Services by you; or
5.5.5. If the information is necessary for any legal proceeding, or there is an order from court or a certain ordinance, statue or law compels such information to be divulged.
5.6. You are required to keep your contact information with DispatchSystem.co.uk up to date at all times, including an email address which is not hosted with DispatchSystem.co.uk. Any problems that may occur due to not being provided up to date contact information is solely your responsibility and no liability is placed on DispatchSystem.co.uk.
Enhanced Services
6.1. You are permitted to take advantage of our SMS and Ringback facilities. You agree that DispatchSystem.co.uk is not responsible for any forwarding costs, the workability of any methods selected, or the reliability of CLI information provided by the carrier.
6.2. You can enable our Customer Apps to take bookings, Any bookings placed are as entered by end user and DispatchSystem.co.uk can take no responsibility for it.
6.3. The use of our Driver and Customer Mobile Applications require a Data Subscription from your network provider. You agree to not hold DispatchSystem.co.uk liable for any unexpected fees caused by deciding to use a mobile data network for the cost of data or bandwidth used and it is your sole responsibility to ensure you have sufficient data to handle the DispatchSystem.co.uk day to day running and updates we may send at anytime and without notice.
6.4. SMS Messages are charged per SMS message sent in accordance to the rates displayed on our "Pricing" section. These prices vary depending on the mobile network and country, and may change at any time without notice. Some carriers may block SMS messages or prevent delivery outside of our control though still chargeable.
6.5. Airport Booking and Flight tracking can be requested at the time of booking by entering a flight number. This data is from a 3rd Party and outside of our control.
6.6. The DispatchSystem.co.uk API is available for all accounts, whilst the API is a free service, there is a charge for each booking placed via the API's, whether this job is later cancelled or not is irrelevant.
6.6.1. DispatchSystem.co.uk may in the event of excessive usage restrict services or suspend your usage of the API at our discretion and with no notice. If excessive usage of the API is required, further negotiation of the costs of the API can be discussed to re-enable API services in the future.
6.7. DispatchSystem.co.uk does not provide support or assistance to the Clients customers.
6.8. Notices will be displayed on our Website, Control Panel, Client Logins, Mobile Apps, that it is powered by DispatchSystem.co.uk, and if a complete whitelabel is required an additional fee is required upon negotiation.
6.9. DispatchSystem.co.uk offers a website hosting service, This is charged monthly. This service is provided in accordance to the terms of this agreement, and DispatchSystem.co.uk is not responsible for any claims made or received in relation to your website. DispatchSystem.co.uk reserves the right to suspend a website in the event of a breach of the terms of this agreement.
Intellectual Property Rights
7.1. You hereby grants DispatchSystem.co.uk the non-exclusive right to use your materials as necessary for DispatchSystem.co.uk to provide any service pursuant to the terms of this Agreement and you hereby waive its moral rights in Client Materials for such purposes.
7.2. You agree to allow DispatchSystem.co.uk to collect and use statistical and analytical information gathered from the use of your services. However, no personally identifiable information shall be processed or stored for this purpose.
7.3. You are not permitted to use the DispatchSystem.co.uk logo unless authorized in writing by us.
Warranties and Liabilities
8.1 NO WARRANTY
8.2. DispatchSystem.co.uk services are provided "as is" and your use of these services is at your sole risk. DispatchSystem.co.uk hereby disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. In no event shall DispatchSystem.co.uk be liable for any direct, indirect, incidental, special, exemplary or consequential damages. (Including but not limited to loss of data, non-delivery or incorrect delivery of service, service interruptions and data security) however caused and arising in any way out of the use of the DispatchSystem.co.uk services or software. Notwithstanding the above, DispatchSystem.co.uk expressly limits its damages to the Customer to those laid out in clause 2.6 of this agreement.
8.3. You agree that the service and software by DispatchSystem.co.uk has not been developed to meet your requirements and that it is your responsibility to ensure that the features and functionality of the Product meet your requirements. We do of course encourage you to request such features by Create A Ticket.
8.4. DispatchSystem.co.uk regularly backs up client data on all servers but cannot guarantee the existence, completeness or timings of these backups. You are responsible for doing your own backups.
8.5. All information held by DispatchSystem.co.uk is protected and complies with PCI Security Standards. In the event the DispatchSystem.co.uk software, servers, or services is accessed without authorization, you agree that DispatchSystem.co.uk will not be liable for any loss or damage per 8.2 of this agreement.
Non-Exclusive Clause
9.1. You agree that all services provided by DispatchSystem.co.uk are free of any obligation and that DispatchSystem.co.uk is welcome to provide its Services and Licenses to third parties during the Term of this Agreement with no other conditions whatsoever.
Entire Agreement
10.1. This agreement and any document expressly referred to in it constitute the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the license of the Product and the provision of services.
12.2. Both parties acknowledge that, in entering into this agreement (and the documents referred to in it), neither party relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to this agreement or not) other than as expressly set out in this agreement or those documents.
10.3. Both parties agree that the only rights and remedies available to each party arising out of or in connection with a Representation shall be for breach of contract as provided in this agreement.
10.3.1. Nothing in this clause shall limit or exclude any liability for fraud.
10.4. This contract is between the parties contained in this agreement (yourself, and DispatchSystem.co.uk) and no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
General Provisions
11.1. By visiting DispatchSystem.co.uk or using Our Services you agree to these Terms and Conditions. You also agree that these terms shall be governed by and shall be construed in accordance with Scottish Law.
11.2. Both parties consent to exclusive jurisdiction and venue courts in Scotland. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, costs and other expenses.
11.3. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.
11.4. Parties acknowledges and agrees that in the event of a breach or threatened breach of this Agreement, the party who will suffer irreparable damage will be entitled to injunctive relief to enforce this Agreement.
11.5. Any term or provision of this Agreement may be amended by DispatchSystem.co.uk with the knowledge and consent of both parties in writing. The observance of any term of this Agreement may be waived only with knowledge and consent of both parties in writing. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
11.6. Any and all information provided to DispatchSystem.co.uk will only be used in accordance with the DispatchSystem.co.uk Privacy Policy found on our website
11.7. The sub headings used in these Terms and Conditions are for convenience only and they have no legal or contractual effect.
11.8. You acknowledge and agree that any competitions or promotions run by DispatchSystem.co.uk will be subject to additional Terms and Conditions, these will be made available at the time of such competitions or promotions.