1 About these terms
1.1 These are our Terms of Business. Together with the policies and other documents which they refer to, they set out all of the terms of the contract between you and us, whether you use our Service as a User or as a Business User.
1.2 In these terms:
Business User means a retailer or carrier who registers to use the Service.
Service means our platform, application and website which connects retailers, carriers and consumers and enables consumers to control the delivery of goods purchased online; and
User means any user of our Service who is a consumer and not using the Service for business purposes.
1.3 By registering to use the Service or by using our application(s) and or website you accept and agree to be bound by the Terms of Business.
1.4 We may at any time modify these Terms of Business. We will notify you of any changes to these Terms of Business by emailing you and/or by posting a notice on our website parcelfor.me. By continuing to use the Service and/or the website after changes to these Terms of Business have been made and notified, you agree to be bound by such changes. You can review the most current version of our Terms of Business at any time by clicking on the [Terms and Policies] link located at the bottom of the website. It is your responsibility to ensure that you are familiar with the Terms of Business. You are advised to check the above links on a regular basis.
2 Who we are
2.1 We are Parcel for Me Ltd, a company registered in England with company number 09398152. Our registered office is at Belmont House, Station Way, Crawley, West Sussex RH10 1JA. You can contact us by email at email@example.com or by telephone at 0333 4330466. Our VAT number is 223033070.
3 About our Service and our role
3.1 Our Service is to enable consumers to better control the delivery of goods purchased online by bringing together Business Users and consumers and allowing Users to customise their delivery preferences and managing the delivery of the goods purchased online in one place.
3.2 Our role is to provide the platform facilitating the information exchange about the User’s delivery preferences between Users and Business Users.
3.3 Our Service is only for Users and Business Users who are based in the United Kingdom. So, each time you use our Service, you represent to us that you are based in the United Kingdom. If that representation is, or becomes, untrue, we will be entitled to terminate your account immediately.
4 Your responsibilities generally
4.1 When you create an account with us, in order to be a User or Business User, we ask you to choose a password to protect your account. You must keep that password safe, and you must not share it with anyone else. If you think someone else might know your password, you must change it straight away. You are solely responsible for all actions taken on our Service using your account.
4.2 Whether you use our Service as a User or as a Business User, we will also ask you to provide us with certain information about you, such as your phone number and your email and postal addresses. That information must be true, complete and current, and you must ensure that you keep it up to date. You may not create an account with us using an assumed name or someone else’s identity.
4.3 Business Users Only: By creating an account as a Business User, you confirm that you are not a consumer and will not be using your account for anything other than business purposes. Each time you use our Service, you represent to us that you are using our Service in the course of your business or profession, and that you are based in the United Kingdom. If that representation is, or becomes, untrue, we will be entitled to terminate your account immediately.
4.4 Our Service allows you to upload various materials, for example, [reviews, comments and] photos, which other users will see. Whenever any material is uploaded using your account, you must ensure that you have all the necessary rights to use that material and to share it with us and with other users of our Service, and you must ensure that such material does not contain anything:
4.4.1 which is a trade secret or otherwise confidential; or
4.4.2 which is unlawful, offensive, obscene, defamatory or which tends to promote discrimination on the basis of a characteristic protected by law.
4.5 It is your responsibility to ensure that any uploaded content is compliant with all applicable laws, regulations and industry guidelines (including but not limited to the UK Advertising Codes) from time to time.
4.6 We own or are licensed to use the intellectual property rights in our Service, including our branding and the underlying technologies. We grant to you a non-exclusive, revocable, royalty-free, non-sublicensable licence to use our Service in accordance with these terms for as long as your account remains active. You may not make any use of or exploit in any way any of our intellectual property rights except to the extent permitted by this clause 4.6. You grant to us a non-exclusive royalty-free, license to use any content you upload for the purposes of the Services, both whilst you have an account with us and afterwards.
4.7 You must not use our Service for any unlawful purpose. We reserve the right to monitor your use of the Service to ensure it is used lawfully.
4.8 Where another User or Business User shares with you in the context of the Service information which they describe as confidential, or which is obviously confidential, you must not share that information with anyone else without their permission, unless you are required to do so by law. You must not post any confidential information (whether yours or another user’s) in any area of the Service which is visible to users generally, and we will not have any liability if you do.
5 Our fees and payment
5.1 Our Services are free to Users.
6 Your privacy
7 Our rights and responsibilities generally, and our liability to you
7.1 We operate the Service. We will use reasonable endeavours to keep the technology powering the Service operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in web-based services such as the Service, and we will perform the Service using reasonable skill and care. We offer no other warranty in respect of the Service, and all warranties which would otherwise be implied into these terms by operation of law are excluded to the fullest extent permitted.
7.2 We may add or remove features from the Service from time to time. We will use reasonable endeavours to inform you of changes to features of the Service likely to have a significant impact on how you use it.
7.3 Business Users Only: In order to ensure that our risk is maintained at a level that is commercially viable, and in line with the limited fees which we charge for the Service, our liability to you is limited or excluded as follows:
7.3.1 nothing in these terms will limit or exclude our liability for fraud, fraudulent misrepresentation or any other matter which it is unlawful to limit or exclude;
7.3.2 we will have no liability to you for any loss of revenue, loss of opportunity, loss of profit, increased cost, replacement cost, account of our profit, loss of or damage to reputation or loss of or damage to data, nor for any indirect or consequential loss; and
7.3.3 otherwise, our total liability to you arising under or in connection with these terms or the Service, regardless of the legal theory of liability, is limited to an amount equal to the fees paid to us in the 12 months preceding the event (or last in the series of events) giving rise to such liability.
7.4 Users Only: If we fail to comply with these terms of Business, we will only be responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms of Business or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach.
7.5 We may suspend or terminate your account with us immediately:
7.5.1 if you breach these terms;
7.5.2 if we reasonably believe it is necessary to protect our interests or those of other users;
7.5.3 if you become bankrupt or insolvent; or
7.5.4 if you die or otherwise become incapable of performing your obligations under these terms.
8 Other important terms
8.1 These terms and the documents referred to in them contain the whole of the agreement between you and us relating to the Service.
8.2 No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these terms.
8.3 These terms are the terms of a contract whereby we provide you with access to our Service. Nothing in these terms will create any relationship of partnership, agency or employment between us.
8.4 No waiver of any of these terms will be valid unless we agree it in writing.
8.5 Neither party will have any liability for its failure to perform its obligations under these terms if and to the extent that failure is caused by a reason beyond its reasonable control.
8.6 Business Users only. These terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.
8.7 Users only. These terms and all non-contractual obligations arising out of or on connection with them are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.