Coach Hire Exchange
1. About CHX
- 1.1 CHX is a resource for introducing coach operators to each other. CHX is made available free of charge on the Website and as an App to any bona fide coach, bus, minibus or associated operator carrying out their own private hire work, regular contract work, day excursions, extended tours or express services. CHX can also be used by event organisers, rail replacement contractors and other companies who subcontract work to coach and minibus operators. CHX cannot be used by brokers. We reserve the right to refuse access to CHX or to, at any time without notice, suspend access to CHX for any user which does not directly provide coaches, buses or minibuses as a core part of their business.
- 1.2 By default, the key details of all jobs posted on CHX will be tweeted on the CHX Twitter feed at @CHX_Tweets. Please remember that Twitter is a public forum and that anyone can view tweets. If you do not wish for any of your jobs to be tweeted then it is your responsibility to notify us by ticking the appropriate box. DSL are not responsible for the operation of Twitter or its unavailability.
- 1.3 All data posted in CHX (excluding your postal address) is visible to all users of CHX. This includes contact details. We recommend that you do not disclose the email or telephone number of any individual without their consent.
- 1.4 You do not have to use any other DSL products to use CHX. If you use Coach Manager software you can link it to CHX by following the instructions in the Coach Manager release notes.
- 1.6 We reserve the right to refuse access to CHX to any person or to, at any time without notice and without being required to give reasons, terminate a user’s access to CHX.
2. Important information about the App
- 2.1 The App requires an Apple device running iOS 8.0 or an Android device running Android 4.0 "Ice Cream Sandwich" operating system. Internet access is required.
- 2.2 We do not sell the App to you. We remain the owners of the App at all times. If you do not agree to these Terms, we will not license the App to you.
- 2.3 You will be assumed to have obtained permission from the owners of the mobiles or tablets (Devices) on which you will use CHX if these are not owned, by you. You, and/or the owner, may be charged by your, and/or their, service providers for Internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the App and CHX on or in relation to any Device, whether or not it is owned by you.
3. How to use CHX
- 3.1 CHX can be used to:
- (a) post jobs for coach hire which you wish to subcontract (a job). This will be either a new job or new recovery; and
- (b) to view jobs posted by other operators and to either:
- offer to take on that job; or
- contact the person posting to obtain more information about that job with a view to making an offer by email or telephone.
- 3.2 You should include all relevant information in your post so that subcontractors who reply can accurately quote for that job. We recommend that you carefully check each job before you click on ‘Submit’. The information that you’ve provided will be sent to all the other users of CHX.
- 3.3 On receipt of offers from subcontractors the person posting the job can either:
- (a) click to accept the offer. Please note that by doing this the contract for the job will be formed at the point that you click to accept the offer. WE RECOMMEND THAT YOU ENSURE THAT YOU HAVE COLLECTED ALL NECESSARY INFORMATION FROM THE SUBCONTRACTOR BEFORE YOU DO SO. IF YOU WISH TO INCLUDE YOUR STANDARD TERMS OF BUSINESS OR AGREE ANY OTHER WRITTEN TERMS FOR THE CONTRACT THIS MUST BE DONE OUTSIDE OF CHX. PLEASE NOTE THAT ONCE THE CONTRACT HAS BEEN FORMED YOU WILL ONLY BE ABLE TO VARY THE TERMS BY AGREEMENT WITH THE SUBCONTRACTOR; or
- (b) contact the subcontractor by email or telephone to discuss the terms of the contract in more detail or to send them your standard terms of business. In this case, the contract will be formed when you agree the terms with the subcontractor.
- 3.4 You acknowledge that it is your responsibility to select from the offers that you receive a coach operator to whom you wish to subcontract a job (subcontractor) and to negotiate the terms of the contract with such subcontractor.
- 3.5 When a job has been posted on CHX an email or app notification will be sent to all users.
4. Accessing CHX
- 4.1 We do not guarantee that CHX, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of CHX without notice. We will not be liable to you if for any reason CHX is unavailable at any time or for any period.
- 4.2 CHX is a cloud based system and may therefore be unavailable due to lack of internet connectivity.
- 4.3 You are responsible for ensuring that all persons who access CHX through your internet connection are aware of these Terms and that they comply with them.
5. Your Account and Password
- 5.1 When you register on CHX you will be asked to select a password. We will email you with a link to verify your email address. You must click on this link before you log in. You must keep your password secure and treat it as confidential. You must not disclose it to any third party.
- 5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- 5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
6. Licence to use the App
- 6.2 You may download a copy of the App onto an unlimited number of Devices and view, use and display the App on such Devices for business purposes only.
- 6.3 Except as expressly set out in these Terms or as permitted by any local law, you agree:
- (a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- (b) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- (c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
- (d) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- (e) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or CHX.
7. Intellectual Property Rights
- 7.1 We are the owner of all intellectual property rights in CHX. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The App is licensed (not sold) to you and you have no right in, or to, the App or CHX other than the right to use it in accordance with these Terms.
- 7.2 Any content you upload to CHX will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
8. Limitation of DSL’s Liability
- 8.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- 8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, the App or CHX, whether express or implied.
- 8.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- (a) use of, or inability to use, the App or the Website; or
- (b) use of or reliance on any content displayed on CHX, whether on the Website or the App;
- In particular, we will not be liable for:
- (i) loss of profits, sales, business, or revenue;
- (ii) business interruption;
- (iii) loss of anticipated savings;
- (iv) loss of business opportunity, goodwill or reputation; or
- (v) any indirect or consequential loss or damage.
- 8.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of CHX or to your downloading of any content on it, or on any website linked to it.
- 8.5 We are not responsible for the accuracy or completeness of the data on CHX. The data is provided by users and not verified by DSL. DSL are not acting as an agent for either the person posting the job or the subcontractor and both parties are responsible for taking appropriate steps to verify the accuracy of the data posted on CHX.
- 8.6 We do not guarantee that any subcontractor who contacts a person posting a job will be suitable for their needs. Inclusion of a coach operator on CHX does not constitute a recommendation or endorsement by DSL of such coach operator.
- 8.7 CHX is a software product and may have occasional bugs or glitches. We shall not be liable if CHX displays the job incorrectly or includes incomplete or inaccurate information. We do not guarantee that the offer and acceptance process will be error free and accept no liability if errors arise.
9. Prohibited Uses
- 9.1 You may use CHX only for lawful purposes. You may not use CHX:
- (a) in any way that breaches any applicable local, national or international law or regulation;
- (b) in any way that is unlawful, fraudulent or malicious, or has any unlawful, fraudulent or malicious purpose or effect, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or the Website.
- 9.2 You agree that you will:
- (a) only post genuine jobs for coach hire and not post any jobs for coach hire if you have no intention of accepting an offer from another operator for such job;
- (c) not access without authority, interfere with, damage or disrupt:
- (i) any equipment or network on which CHX is stored;
- (ii) any software used in the provision of CHX; or
- (iii) any equipment or network or software owned or used by any third party;
- (d) not harvest or otherwise collect information about other users;
- (e) not upload pictures, video or similar content to CHX;
- (f) not infringe our intellectual property rights or those of any third party in relation to your use of the App or CHX; or
- (g) not use the App or CHX in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
- 9.3 You agree that you will not post any job or upload any data to CHX which:
- (a) is defamatory of any person;
- (b) is obscene, offensive, hateful or inflammatory;
- (c) infringes any copyright, database right or trade mark of any other person;
- (d) is likely to deceive any person;
- (e) is threatening, abusive or invades another's privacy, or causes annoyance, inconvenience or needless anxiety;
- (f) is likely to harass, upset, embarrass, alarm or annoy any other person;
- (g) is used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- (h) gives the impression that it emanates from DSL, if this is not the case; or
- (i) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
10. Suspension and Termination
- 10.1 We will determine, in our discretion, whether there has been a breach of these Terms in your use of CHX. When a breach of these Terms has occurred we may take such action as we deem appropriate.
- 10.2 Failure to comply with these Terms may result in our taking all or any of the following actions:
- (a) immediate, temporary or permanent withdrawal of your right to use CHX;
- (b) immediate, temporary or permanent removal of any posting or material uploaded by you to CHX;
- (c) issue of a warning to you;
- (d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- (e) further legal action against you; or
- (f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- 10.3 We exclude liability for actions taken in response to breaches of these Terms. The responses described in this clause 10 are not limited, and we may take any other action we reasonably deem appropriate.
- 10.4 On termination for any reason:
- (a) all rights granted to you under these Terms shall cease;
- (b) you must immediately cease all activities authorised by these Terms including your use of CHX;
- (c) you must immediately delete or remove the App from all Devices and, if requested by us, certify to us that you have done so.
- 11.1 We do not guarantee that CHX will be secure or free from bugs or viruses.
- 11.2 You are responsible for configuring your information technology, computer programs and Devices in order to access CHX. You should use your own virus protection software.
- 11.3 You must not attack CHX via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use CHX will cease immediately.
12. Changes to CHX
- 12.1 We may update CHX from time to time. We do not guarantee that CHX will be free from errors or omissions.
- 12.2 These Terms apply to the App including any updates or supplements to the App. From time to time updates to the App may be issued through your app store. Depending on the update, you may not be able to use CHX until you have downloaded the latest version of the App and accepted any new Terms.
13. Information about Us
CHX is operated by Distinctive Systems Limited (DSL or We). We are registered in England and Wales under company number 01632153 and have our registered office at Amy Johnson Way, York, YO30 4XT.
- 14.2 By using the App you consent to us collecting and using technical information about the Devices and related software and hardware to improve CHX and our other products.
15. Changes to these Terms
We may revise these Terms at any time by notifying you of the change when you next start the App or logon to the Website. The new terms may be displayed on-screen and you may be required to read and accept them to continue to use CHX.
16. Applicable Law
These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17. Contact us
To contact us, please email firstname.lastname@example.org.