Terms And Conditions

These Terms of Use (" Terms ") govern the access or use by you, an individual or entity, from within
the United Kingdom of the applications (including mobile applications), websites, content, products,
and services (collectively, the “ Services ”) made available in the United Kingdom by Piccnicc Ltd
trading as Truckstars and its subsidiaries and affiliates (collectively, " Truckstars "). PLEASE READ
THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES. In these Terms, the words
"including" and "include" mean "including, but not limited to".
Your access and use of the Services constitutes your agreement to be bound by these Terms, which
establishes a contractual relationship between you and Truckstars. If you do not agree to these
Terms, you must not access the Services. These Terms expressly supersede prior agreements or
arrangements between you and Truckstars. Your use of the Services may also be governed by
additional terms and conditions provided in any subsequent agreement with Truckstars. Truckstars
may, at any time for any reason, without notice to you, cease offering you access to the Services or
any portion thereof or deny you access to the Services or any portion thereof.
Supplemental terms may apply to certain Services, such as policies for a particular event, program,
activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures
(e.g. a particular promotional webpage) or in connection with the applicable Service(s).
Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of
the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict
with respect to the applicable Services.
Truckstars may amend the Terms related to the Services from time to time. Amendments will be
effective upon Truckstars’ posting of such updated Terms at this location. Your continued access or
use of the Services after such posting constitutes your consent to be bound by the Terms, as
amended.
Our collection and use of personal information in connection with the Services is as provided in this
agreement, as supplemented by Truckstars’ Privacy Policy located at
ALL PARTIES ACCESSING THE SERVICES DO SO ON THE CLEAR UNDERSTANDING THAT TRUCKSTARS’
BUSINESS MODEL IS THAT OF AN ONLINE PLATFORM HELPING TO INTRODUCE LICENSED HGV AND
VAN DRIVERS (“DRIVERS”) AND HAULAGE OPERATORS (“OPERATORS”) SO THAT THE FORMER MAY
FULFIL HAULAGE SHIFTS (“SHIFTS”) FOR THE LATTER. TRUCKSTARS’ MARKETPLACE AND PLATFORM
TECHNOLOGY FACILITATES THE PLACING OF SHIFTS BY OPERATORS, THEIR ACCEPTANCE AND
FULFILMENT BY DRIVERS, AND PROCESSES PAYMENT BY THE FORMER TO THE LATTER, FOR WHICH
TRUCKSTARS CHARGES A COMMISSION. TRUCKSTARS’ BUSINESS MODEL IS EXPLICITLY NOT THAT OF
A TRANSPORTATION PROVIDER IN ANY RESPECT. TRUCKSTARS DOES NOT HIRE, EMPLOY OR
OTHERWISE PROVIDE WORK TO DRIVERS, NOR DOES IT PROVIDE TRANSPORTATION SERVICES TO
OPERATORS. AS SUCH, ALL OBLIGATIONS, RESPONSIBILITIES AND LIABILITIES ARISING BETWEEN
DRIVERS AND OPERATORS AND OTHER RELATED PARTIES ARE RESERVED TO THOSE PARTIES AND
EXPRESSLY DISCLAIMED BY TRUCKSTARS TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND IN THE
EVENT OF ANY INCONSISTENCY BETWEEN THE INTENTION OF THIS PARAGRAPH AND WHAT
FOLLOWS, THE INTENTION OF THIS PARAGRAPH SHALL PREVAIL.
A. DRIVERS
Any person who has registered with Truckstars through our online driver registration application or
otherwise, to provide their services as a driver to an Operator is referred to herein as a “ Driver ”.
Our policy is to treat staff working for us, Drivers and Operators fairly and respectfully, and we
expect Drivers to do the same.
Truckstars reserves the right in its absolute discretion and without giving reasons, to reject any such
registration and to decline to enter into a contract with any Driver.
It is important that any Driver reads the following terms carefully and takes legal advice before
agreeing to them, and in particular as regards paragraphs 1.f., 5 and 8, all of which carry potential
financial implications for breach or other non-compliance.
1. General Conduct
Driver will:
a. comply with all Truckstars rules and guidelines relating to the services that Driver performs
under this agreement (the “ Driver Services ”) that are communicated to Driver by the Company
from time to time;
b. not disclose any sensitive information relating to the Driver Services to any person, or in a non-
targeted way to members of the public in general such as through social media;
c. not do anything that might damage Truckstars’ reputation or goodwill;
d. in the course of carrying out the Driver Services, conduct his or herself in a manner befitting a
skilled and experienced licensed HGV Driver;
e. at all times during Driver’s assigned Shift, ensure that Driver’s mobile phone or similar device
(“ Smart Device ”) is logged on to the mobile application made available to Driver in order to
view, accept and process Shifts (the “ Driver App ”) in such a way as to enable Truckstars and/or
the Operator to track Driver’s progress and whereabouts, and to enable communication
between Driver and Truckstars as may be required. If Driver is unable to log in to the Driver App
as necessary to fulfil a shift for any reason, Driver must inform Truckstars immediately;
f.
keep Truckstars informed of any situation affecting or likely to affect Driver’s ability to work as a
licensed HGV Driver. Specifically, Driver must notify Truckstars immediately by emailing
documentation/correspondence) in the event that Driver:
i.
receives correspondence from any authority advising that there is a risk that any of
Driver’s HGV-related and/or driving licences may be revoked, suspended or not renewed
unless Driver fulfils certain requirements;
ii.
receives correspondence from any authority advising that any of Driver’s HGV-related
and/or driving licences has been revoked, suspended or not renewed; or
iii.
is stopped by a police officer or representative of any other authority and at or in
connection with such event Driver is advised, verbally or in writing, that any of Driver’s
HGV-related and/or driving licences has been or may be revoked, suspended or not
renewed, whatever the reason.
Failure to comply with this paragraph 1.f. puts Truckstars’ reputation in serious jeopardy. In the
event that Driver fails to comply with this paragraph 1.f., this agreement shall be subject to
immediate termination and Driver shall be liable to Truckstars for a non-disclosure charge of £250;
g. at all times drive and otherwise conduct his or herself as an experienced person in the relevant
role and vehicle would, and not do anything to compromise the integrity and/or safety of any
vehicle, consignment, property or person, or the insurance cover relating to Driver’s licences or
the vehicle Driver is driving.
2. Cooperation
Driver agrees that Driver will:
a. at all times whilst Driver is logged in to the Driver App in relation to fulfilment of a Shift, be
contactable and cooperate fully with Truckstars and the Operator as the case may be;
b. never treat a Shift as having been cancelled or completed without express written instruction
from Truckstars and/or the Operator as the case may be;
c. enable Truckstars and/or the Operator as the case may be to access Driver’s tachograph and
related driving records for the purposes of:
a) verifying Driver’s eligibility to fulfil a specific Shift or Shifts, and
b) assessing Driver’s overall driving record and history, and integrity with regards to the same
and compliance with the terms of this Agreement.
3. Records, Disputes etc.
Driver agrees that Driver will keep a comprehensive record of all Driver Services that Driver provides
under this agreement, including any complaints that Driver may receive directly and any alterations
to Shifts of which Driver is advised or becomes aware, so that Driver has the appropriate evidence in
the event of a dispute arising either between Driver and Truckstars and/or an Operator, or between
Truckstars and an Operator.
As soon as any party other than Truckstars advises Driver, or Driver otherwise becomes aware, of
any such complaint(s) or alteration(s), Driver must notify Truckstars immediately sending a message
using the Driver App communications function setting out the details of any such alteration(s).
4. Equipment
Driver acknowledges that any equipment issued to Driver by Truckstars from time to time (the
Equipment ”) remains the property of Truckstars and that Driver will at all times take good care of
any such Equipment. Driver accepts that Driver will be liable for the full replacement cost of any part
of the Equipment that may be lost or damaged and on termination of this agreement Driver will
return the Equipment to Truckstars immediately in the same condition as it was issued to Driver
(subject to fair wear and tear).
5. Confidentiality
Driver agrees to keep all information relating to Truckstars and its clients confidential and not to
disclose to any person any information of which Driver becomes aware as a result of Driver’s work
with Truckstars. For the avoidance of doubt, “information” in this paragraph includes, but is not
limited to, any information that Driver acquires as a result of providing Driver Services, over-hearing
conversations between representatives or customers of Operators, or any other third party.
This paragraph is explicitly designed to add a pecuniary disincentive to any driver considering
using third party contact information for any reason which is not purely professional. If Driver
contacts or seeks to contact the representative or customer of an Operator without prior written
authorisation from Truckstars or the Operator, other than in direct connection with fulfilment of a
live shift, Driver will be liable to pay a penalty of £250 to Truckstars. In particular, any
communications of a personal or informal nature with any third party whose contact details Driver
has as a result of providing Driver Services is strictly forbidden and covered by the above penalty.
6. Pay
a. Truckstars agrees that it will:
i.
pay to Driver by bank transfer all monies that are due to Driver within the timeframes that
are agreed with Driver from time to time;
ii.
on or before any such payment date, send to Driver a statement showing a breakdown of
the amounts payable to Driver in respect of each shift that Driver has completed during the
relevant period (“ Earnings ”),
provided that Truckstars shall be under no obligation to allocate any Shift to Driver if in its absolute
discretion Truckstars considers that to do so would be contrary to its commercial interests.
b. Driver agrees that:
i.
any deductions for which Driver is liable in a given week, such as a partial refund in the event
of an upheld customer service complaint, will be deducted from Driver’s Earnings for that
week or a subsequent week (“ Deductions ”). To the extent Earnings are lower than
Deductions in a given week, Driver will make a payment to Truckstars as requested, unless
Truckstars at its sole discretion agrees to carry such debt over to the following week (which
arrangement does not constitute waiver or any other form of release of or acquiescence in
such debt). Failure to repay such debts as requested by Truckstars will constitute breach of
this agreement and, at Truckstars’ sole discretion, this agreement shall be terminated with
immediate effect; and
ii.
Driver is solely responsible for paying any outstanding debt to Truckstars upon termination
of this agreement. If Driver fails to do so, Truckstars may pursue legal action to recover such
debts and Driver will be solely responsible for any costs incurred by Driver and Truckstars in
the recovery of such debts; and
iii.
Truckstars may at any time withhold any payments owing to Driver by Truckstars as may be
necessary to cover the cost of any debts in connection with this agreement whilst and to the
extent such amounts remain outstanding to Truckstars.
7. Serious Dispute
If there is (or has been) a serious dispute between Driver and Truckstars and/or an Operator, a
serious customer service incident involving Driver, any road traffic incident that Driver has been
involved in, or a breach by Driver of the General Conduct requirements set out in paragraph 1 of this
agreement, a full investigation may be conducted by Truckstars. Pending the outcome of such
investigation the Truckstars shall be under no obligation to make available or allocate any shifts to
Driver and any monies that would otherwise be payable to Driver under paragraph 6 of this
agreement may be withheld by Driver in its absolute discretion until such investigation has been
completed.
8. No Employment or Similar Status or Benefits
Driver acknowledges that Driver will be engaged as an independent contractor on behalf of
Truckstars for any Driver Services, and that any amounts that are paid to Driver in respect of the
Driver Services will be paid without any deduction for tax, pension or national insurance
contributions. As such, Driver will be solely responsible for the payment of any tax and national
insurance contributions payable in connection with Driver Services and Driver will not be entitled to
receive any pension, bonus, holiday, sickness or other fringe benefits from Truckstars or Operator
under this agreement. In particular, Driver agrees to indemnify Truckstars to the fullest extent
permitted by law in respect of any loss or liability incurred by Truckstars (including all reasonable
legal and other costs and expenses) arising out of any breach of any of the provisions contained in
this paragraph by Driver, and specifically, any claim that is made or instigated by Driver or on
Driver’s behalf that is based on employment, workers’ or any similar rights.
Driver acknowledges that Driver is not an agent, officer or employee, worker or partner of Truckstars
and Driver agrees that Driver will not hold him/herself out as such.
Driver will be entitled to provide a substitute when Driver is not available to provide Driver Services,
provided that any such substitute shall be arranged at Driver’s own expense and on prior written
agreement with the Operator (“ Substitute ”). Any Substitute shall comply with the terms of this
agreement and with any applicable licensing regulations to the same extent as Driver, and as regards
this agreement, Driver shall be liable for such failings should Substitute fail to do so. In all
circumstances payment for Driver Services by Truckstars will be made only to Driver and the
remuneration of Substitute will be solely Driver’s responsibility.
9. Telematics Data Protection
Truckstars confirms and Driver accepts that any data collected by the Driver App or otherwise in
relation to this agreement will be used solely for:
a. the legitimate business purposes of Truckstars as we may require from time to time;
b. the purposes of any statutory, regulatory or legal authorities or tribunals, or any other third
parties where required and permitted by law; and/or
c. other legitimate purposes arising in connection with this agreement.
10. Termination
Either party may terminate this agreement by giving two weeks’ written notice to the other,
provided that if there is a breach by Driver of the General Conduct requirements set out in
paragraph 1, and/or paragraph 6b. of this agreement, then this agreement may be terminated
immediately by Truckstars in its absolute discretion.
11. Governing Law and Jurisdiction
This agreement will be governed by English law and is subject to the exclusive jurisdiction of the
courts of England.
By accessing the Services and providing, or offering to provide, the Driver Services, Driver agrees to
comply with the terms of this agreement which will apply to Driver at all times (including, where
relevant, after termination).
Driver accepts that Truckstars shall not be liable for any accident, motoring offence or insurance
claim arising as a result of Driver’s provision of Driver Services and, to the extent that Truckstars
does incur any such loss or liability, Driver agrees to indemnify Truckstars accordingly.
B. OPERATORS
Any person who has registered with Truckstars through our online company registration application
or otherwise, to place Shifts for fulfilment by a Driver, is referred to herein as an “ Operator ” (being
an entity which is responsible and liable for the actions and omissions of its staff and
representatives, whether formally authorised by it or not).
Our policy is to treat staff working for us, Drivers and Operators fairly and respectfully, and we
expect Operators to do the same.
Truckstars reserves the right in its absolute discretion and without giving reasons, to reject any such
registration and to decline to enter into a contract with any Operator.
1. Client Relationship
This agreement shall be personal to and non-assignable by the Operator.
Operator acknowledges the nature of Truckstars’ business model and the importance of information
Operator may receive from time to time about Drivers, and agrees to provide information regarding
infringement notices and similar to Truckstars to enable Truckstars to update its Driver records, for
the benefit of Operator and other Operators, any of whom might otherwise be impacted by
another’s failure to provide such information.
2. Shifts
The Operator is liable for all charges incurred from booking until completion or cancellation of each
Shift, including any journey variations requested by the Transport Manager or other representative
of the Operator, or person holding themselves out to be such, and if applicable any cancellation
charge.
Truckstars may in its absolute discretion, without liability and without giving reasons, refuse to
accept any Shift.
3. Shift Fulfilment
Responsibility and liability for the timely and proper fulfilment of each Shift is strictly between the
Driver and the Operator.
Truckstars’ only obligations with regard to any aspect of timely and proper Shift fulfilment shall be to
undertake reasonable endeavours to ensure that:
a. each Driver on its platform has provided the necessary information and documentation to be
considered suitable for a given Shift; and
b. each Driver, having accepted a Shift, arrives at the booked start location of such Shift by the
booked Shift start time.
For the avoidance of doubt, however, Truckstars, not having direct control or authority over any
Driver, shall have no further responsibility or liability in this regard whatsoever.
4. Charges and Payment
Details of the rates and charges for each Shift are provided at the time of confirmation of each Shift,
or at the time of its amendment, as the case may be.
Cancellations are free of charge subject to sufficient notice being given. Where a Shift is cancelled
within 12 hours of its start time, 75% of the stated Shift price will be payable.
Truckstars shall invoice the Operator as soon as possible after completion of each Shift in respect of
any Services, or less frequently as may be agreed between Truckstars and the Operator in writing.
Invoices shall include charges in respect of VAT.
Truckstars shall process payment of such invoices within 48 hours of invoicing (or less promptly at its
sole discretion), subject to any query having first been raised by Operator. In any event, Operator
shall have up to seven days from the date of invoice to raise queries in regard to any such invoice,
and Truckstars shall make any adjustment, whether in favour of Operator or Truckstars, within no
more than two business days of the date of resolution of such query.
In the event of declined payment for any invoice, or any charge back or payment otherwise not
being retained by Truckstars for any given invoice (“ Failed Payment ”), Operator shall incur a
payment re-processing fee of £50 (fifty pounds) in addition to the full amount of the Failed Payment,
for each Failed Payment (including repeat instances in respect of the same invoice). In addition,
Truckstars may charge interest on any account balance remaining unpaid for more than 7 days at a
rate of 5% above the base rate of Nat West Bank PLC accruing on a daily basis and compounded on
a monthly basis from the due date until full settlement.
5. Limitations and Exclusions
a. Truckstars shall have no liability for any damage, loss, cost, claims or expenses (whether
foreseeable or not) arising directly or indirectly from the following non-exhaustive list:
i.
breakdown, accident, adverse weather conditions, inadequate, incorrect or inappropriate
labelling and/or packaging of goods and/or instructions from the Operator;
ii.
any act or omission on the part of the Operator or Driver or any act or circumstance beyond
the control of Truckstars;
iii.
the cancellation of any Shift or Shifts, if it has used reasonable endeavours to fulfil the
booking and to notify the Operator of the cancellation;
iv.
the suspension of the Services if it results from circumstances beyond Truckstars’ control,
including but not limited to the acts or omissions of the Operator or a Driver;
v.
acts or omissions of any Driver (or Substitute) assigned to a Shift, if Truckstars has taken
reasonable steps to ensure that only appropriately licensed Drivers are used to fulfil Shifts.
b. In no circumstances shall Truckstars be liable for any loss (whether direct or indirect) of profits,
business or anticipated savings or for any indirect or consequential loss whatsoever.
c. Without prejudice to the generality of this clause 5 or the agreement, the liability of Truckstars
for any Shift shall in any event be limited to £100.
d. Nothing in this agreement shall serve to exclude or limit the liability of any party for death or
personal injury caused by that party’s negligence or fraudulent misrepresentation.
6. Other Rights and Powers of Truckstars
Truckstars reserves the right at any time, on notice to the Operator to:
a. alter the Operator’s account number or PIN;
b. impose or modify an invoice limit in respect of any Operator; and/or
c. temporarily suspend the Service to the Operator wholly or in part.
7. Termination
a. This Agreement and the Services may be suspended or terminated as follows:
i.
by either party giving the other 7 days written notice;
ii.
immediately by Truckstars (without prejudice to any other rights or remedies) if the
Operator:
a. fails to pay when due any sums payable;
b. commits any act of bankruptcy or compounds with his creditors or a Petition or
Receiving Order in Bankruptcy is presented or made against the Operator or a
Petition for an Administration Order is presented in relation to the Operator or
Resolution or Petition to wind up the Operator is passed or presented (otherwise
than for reconstruction or amalgamation) or a Receiver or Administrative Receiver is
appointed; or
c. fails to observe or perform or breaches any of its obligations under this Agreement.
b. Upon termination of the Operator’s account for whatever reason all sums payable to or
chargeable by Truckstars shall become immediately due and payable in full.
8. Confidentiality and Introduction Fees
Operator and Truckstars each agrees to keep all information relating to the other confidential and
not to disclose to any person any information of which they become aware as a result of this
Agreement. For the avoidance of doubt, “information” in this paragraph includes, but is not limited
to, any commercially sensitive information such information that Operator acquires as a result of
receiving the Services under this Agreement.
Operator agrees that if it enters into any agreement with a Driver whose details it has received from
Truckstars, regardless of whether such Driver has provided any Services to it, Operator shall pay to
Truckstars an introduction fee equivalent to 30% of all amounts paid by Operator to Driver during
the first twelve months of entering into said agreement with Driver (including, for the avoidance of
doubt, any amounts agreed within but scheduled to be payable after the first twelve months in
order to otherwise avoid the payment of such fees).
C. TERMS APPLICABLE TO DRIVERS AND OPERATORS EQUALLY
If at any time any provision of this agreement is or becomes illegal, invalid or unenforceable in any
respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or
enforceability in that jurisdiction of any other provision of this agreement.
Any notice to be served on a party by another shall be in writing sent by email. The date of delivery
of such notice shall be deemed to be the timestamp of a delivery notification or as otherwise
evidenced by the party relying thereon.
This Agreement contains all the terms agreed by the parties regarding the subject matter hereof and
supersedes any prior agreements, understandings or arrangements between them. No forbearance,
indulgence, delay or failure by Truckstars to enforce, act upon or to exercise, at any time or for any
period of time, any term of or any right arising pursuant to this Agreement shall constitute a waiver
of such term or right and shall in no way affect Truckstars’ right later to enforce or exercise it. Any
waiver by Truckstars of any breach by the Operator of this Agreement is limited to that particular
breach.
In the event of any dispute arising out of this agreement, the parties will in the first instance attempt
to settle by negotiation. In the event that these attempts are unsuccessful, the Courts of England
and Wales shall have exclusive jurisdiction to settle any such dispute. This Agreement is governed by
and shall be construed in accordance with English law.
Operator shall not use, or allow any third party to use, Truckstars or any related company’s name,
branding, logo or trademarks without Truckstars’ prior written consent.
Truckstars shall process any Personal Data only to the extent, and in such a manner, as is necessary
for the purposes of this Agreement and in accordance with the Operator’s instructions from time to
time and shall not process the Personal Data for any other purpose. Truckstars shall at all times
comply with all applicable data protection legislation, codes of practice or regulations which may be
introduced from time to time.
Truckstars shall (a) comply with all applicable laws, statutes, regulations and codes relating to
provision of the Services under this Agreement, specifically anti-bribery and anti-corruption
including but not limited to the Bribery Act 2010; and (b) not engage in any activity, practice or
conduct which would constitute an offence under section 1, 2 or 6 of the Bribery Act 2010 if such
activity, practice or conduct had been carried out in the UK.