TERMS AND CONDITIONS

UK DISPATCH TERMS AND CONDITIONS

UK DISPATCH TERMS AND CONDITIONS

11 November 2020

Please read these terms carefully before using the UK Dispatch Marketplace. By using the UK Dispatch Marketplace in any way, you agree to be bound by these terms.

Section A: Definitions shall set out definitions used in each of the other sections, and form part of the contracts in sections B to F.

Section B: Visitor Terms shall apply between UK Dispatch and all Visitors (which includes both Customers and Couriers).

Section C: Customer Usage Terms shall apply between UK Dispatch and Customers.

Section D: Courier Usage Terms shall apply between UK Dispatch and Couriers (and applicants to access the UK Dispatch Marketplace as Couriers).

Section E: Services Terms shall apply between Couriers and Customers (but not UK Dispatch).

Section F: Disputes Procedure shall apply between UK Dispatch, Couriers and Customers.

Section G: General Terms shall apply to, and form part of the contracts in, sections B to F.

 

SECTION A: DEFINITIONS

 This Section A: Definitions shall set out definitions used in each of the other sections.

Consignment: The items to be collected and delivered in accordance with an Order.

Courier: Any person using the UK Dispatch Marketplace to advertise, promote and sell Courier Services, having been accepted by UK Dispatch in accordance with clause D1 of Section D: Courier Usage Terms.

Courier Services: Services provided by Couriers to Customers subject to the terms of Section E: Services Terms.

Customer: Any person using the UK Dispatch Marketplace to book Courier Services.

Data Protection Legislation: Any applicable laws relating to the processing, privacy and use of personal data, as applicable to UK Dispatch, the UK Dispatch Marketplace, the Customer, the Courier and/or the Courier Services as applicable, including the UK Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 and/or any corresponding or equivalent national laws or regulations.

UK Dispatch: UK Dispatch Limited, a company registered in England and Wales under company number 12881196, with its registered office at 20-22 Wenlock road, London, n1 7GU.

UK Dispatch Marketplace: The online marketplace located at UK Dispatch.com (including subdomains) and via the “UK Dispatch” app. If you are a Courier, UK Dispatch Marketplace also includes UK Dispatch Work.

UK Dispatch Work: The app operated by UK Dispatch for use by Couriers.

Privacy Notice: UK Dispatch’s privacy notice as set out at https://ukdispatch.co.uk/privacy-policy/.

Substitute: A substitute engaged by the Courier under Section E: Services Terms. Such substitute must be a Courier for the duration of the substitution.

Order: An order for Courier Services submitted by a Customer via the UK Dispatch Marketplace.

Visitor: Any person visiting or using the UK Dispatch Marketplace, including Couriers and Customers.

All definitions in this Section A: Definitions, and all clauses required for their interpretation, shall survive termination of the terms for any reason.

 

SECTION B: VISITOR TERMS 

This Section B: Visitor Terms shall apply to all Visitors.

B1. How the UK Dispatch Marketplace works

The UK Dispatch Marketplace is operated and maintained by UK Dispatch.

UK Dispatch does not itself sell or provide the Courier Services and the contract for the sale of such Courier Services (see Section E: Services Terms) is concluded directly between the Courier and the Customer. UK Dispatch is not the agent, joint venture or partner of either the Courier or the Customer.

UK Dispatch may also provide links on the UK Dispatch Marketplace to the websites of third parties. Such third party websites are not the responsibility of UK Dispatch. UK Dispatch accepts no liability for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.

 B2. Registration

To buy or sell Courier Services via the UK Dispatch Marketplace you must register using one of the online registration forms.

By registering, you warrant that:

  • you are legally capable of entering into binding contracts;
  • you are at least 18 years old; and
  • you have not previously registered with UK Dispatch Marketplace and had your registration suspended or terminated,

and you consent to UK Dispatch conducting verification and security procedures.

If you register as a business entity, you warrant and represent that you have the authority to bind the entity to these terms.

UK Dispatch has no obligation to accept your registration and may reject any Visitor, or stop them from registering, in its sole discretion.

You hereby warrant that the information provided by you to UK Dispatch is at all times true, accurate and complete. You further warrant that you shall promptly notify UK Dispatch in the event of any change to such information.

You shall keep your registration details for the UK Dispatch Marketplace (“Login Details”) confidential and secure.

B3. Use of the UK Dispatch Marketplace

You are solely responsible and liable for your use of the UK Dispatch Marketplace and it is your sole responsibility to enforce any obligation owed to you by a third party that arises from your use of the UK Dispatch Marketplace. In the event that you have a dispute with any other Visitor to the UK Dispatch Marketplace, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute, except as expressly set out in these terms.

You agree that at all times you shall:

  • not use your Login Details with the intention of impersonating another person;
  • not allow any other person to use your Login Details;
  • not do anything likely to impair, interfere with or damage or cause harm or distress to any other Visitor;
  • not infringe any rights of any third parties;
  • comply with all instructions and policies from UK Dispatch from time to time in respect of the UK Dispatch Marketplace;
  • co-operate with any reasonable security or other checks or requests for information made by UK Dispatch from time to time; and
  • use the information made available to you on the UK Dispatch Marketplace at your own risk.

UK Dispatch reserves the right to make any changes to the UK Dispatch Marketplace including any functionalities and content therein or to discontinue a specific feature from time to time subject always that:

  • UK Dispatch notifies you in writing using the UK Dispatch Marketplace; and
  • such changes shall have no material adverse effects to you.

UK Dispatch may monitor your use of the UK Dispatch Marketplace from time to time. You hereby consent to UK Dispatch monitoring your use of the UK Dispatch Marketplace.

B4. Courier Services reviews

Subject to all other terms, you may submit your reviews in respect of your experience of other Visitors to the UK Dispatch Marketplace (“Reviews”). You hereby grant UK Dispatch a perpetual, irrevocable licence to use and sub-license the Reviews for any purpose whatsoever.

You shall not submit any Review(s) on any page or in any area of the UK Dispatch Marketplace that in UK Dispatch’s reasonable opinion:

  • are, or may be considered, offensive, illegal or inappropriate;
  • contain information that is inaccurate, false or misleading or
  • infringe any rights of any third party,

and you warrant that you own all intellectual property rights and any other applicable rights in such Reviews.

You acknowledge that making a Review does not guarantee that such Review, or any part thereof, shall appear on the UK Dispatch Marketplace. You agree that UK Dispatch may, in its sole discretion, choose to display, edit or to remove any Review or any part of the same that you make on the UK Dispatch Marketplace, and you hereby grant to UK Dispatch a non-exclusive, perpetual, irrevocable, worldwide licence to do so.

If you feel that any Review made by another Visitor is objectionable, please contact UK Dispatch using the contact details set out on the UK Dispatch Marketplace. UK Dispatch shall use its reasonable endeavours to review the relevant Review as soon as practicable and shall take such action as it deems necessary, if any at all.

 B5. Suspension and termination

In consideration for your compliance with the terms, UK Dispatch shall use its reasonable endeavours to provide you with the UK Dispatch Marketplace at all times.

UK Dispatch shall be entitled in its own discretion and upon notice to you, to suspend the UK Dispatch Marketplace whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or non-availability of the UK Dispatch Marketplace (whether wholly or partly).

UK Dispatch may suspend or terminate your access to the UK Dispatch Marketplace (wholly or partly) in the event that:

  • the third party services and network providers cease to make the third party service or network available to UK Dispatch;
  • UK Dispatch believes that you or someone using your Login Details has failed to comply with one or more of these terms;
  • UK Dispatch believes that there has been fraudulent use, misuse or abuse of features and functionalities of the UK Dispatch Marketplace (in whole or in part); or
  • UK Dispatch believes that you have provided it with any false, inaccurate or misleading information.

B6. UK Dispatch’s liability

UK Dispatch relies on third party providers (such as network providers, data centres and telecommunication providers) to make the UK Dispatch Marketplace available to you. Whilst UK Dispatch takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that UK Dispatch does not warrant that the UK Dispatch Marketplace shall be uninterrupted or fault-free at all times. UK Dispatch therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the UK Dispatch Marketplace as a result of its service providers.

Subject to the exceptions set out in the last paragraph of this clause B6 below, UK Dispatch shall not be liable for losses that result from its failure to comply with these terms that fall into the following categories:

  • consequential, indirect or special losses;
  • loss of profits, income or revenue;
  • loss of savings or anticipated savings, interest or productions;
  • loss of business or business benefits;
  • loss of contracts;
  • loss of opportunity or expectations;
  • loss of goodwill and/or reputation;
  • loss of marketing and/or public relations time and/or opportunities;
  • loss of data; or
  • loss of management or office time,

or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in these terms shall limit in any way UK Dispatch’s liability:

  • for death or personal injury caused by its negligence;
  • for a person acting in their capacity as a consumer under section 2(3) of the Consumer Protection Act 1987;
  • for fraud or fraudulent misrepresentation; or
  • for any matter for which it would be illegal for UK Dispatch to exclude, or attempt to exclude, its liability.

B7. Intellectual property rights

UK Dispatch and/or its licensors own all intellectual property rights in and to the UK Dispatch Marketplace. You have no intellectual property rights in, or to, the UK Dispatch Marketplace.

Without limiting the generality of the above, you are expressly prohibited from:

  • reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the UK Dispatch Marketplace including, without limitation, any information, articles, photographs, images or submissions made available to you using the UK Dispatch Marketplace; and
  • removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by UK Dispatch and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of UK Dispatch or could be considered an infringement of any of the rights in the intellectual property owned by and/or licensed to UK Dispatch. 

B8. Force majeure

UK Dispatch shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to any of the following:

  • Acts of God, flood, earthquake, windstorm or other natural disaster;
  • epidemic or pandemic;
  • war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
  • terrorist attack, civil war, civil commotion or riots;
  • nuclear, chemical or biological contamination or sonic boom;
  • any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent
  • fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, UK Dispatch or its group companies) or adverse weather conditions;
  • interruption or failure of utility service, including but not limited to electric power, gas or water;
  • any labour dispute, including but not limited to strikes, industrial action or lockouts;
  • non-performance by suppliers; and
  • collapse of building structures, failure of plant machinery, machinery, computers or vehicles.

 B9. General

If UK Dispatch fails at any time to insist upon strict performance of your obligations under these terms, or if UK Dispatch fails to exercise any of the rights or remedies to which it is entitled under these terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by UK Dispatch of any default shall not constitute a waiver of any subsequent default. No waiver by UK Dispatch of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

UK Dispatch reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these terms.

The warranties in clause B2, and clauses B6 and B7, and all clauses required for their interpretation, shall survive termination of this Section B: Visitor Terms for any reason.

 

SECTION C: CUSTOMER USAGE TERMS

This Section C: Customer Usage Terms shall apply between UK Dispatch and Customers (as defined in Section A: Definitions).

C1. Contract for purchase of Courier Services

Before booking any Courier Services that are advertised on the UK Dispatch Marketplace, you must read and agree to Section E: Services Terms, which includes the applicable refund policy.

The contract for any Courier Services which you book through the UK Dispatch Marketplace is created between you and the relevant Courier and not between you and UK Dispatch.

UK Dispatch may suspend or terminate your access to the UK Dispatch Marketplace in the event that you breach Section E: Services Terms.

 C2. Booking process

When you enter the required information in relation to a potential booking, we will provide you with a quote setting out the charges for a Courier to provide the Courier Services based on this information (“Quote”) via the UK Dispatch Marketplace. Your acceptance of a Quote will place an Order.

When you place an Order through the UK Dispatch Marketplace, UK Dispatch will use reasonable endeavours to find a Courier to accept your Order as soon as reasonably practicable. UK Dispatch has no obligation to provide you with, or introduce you to, a Courier.

The UK Dispatch Marketplace allows for the automated placing of Orders between you and a Courier without any human intervention by UK Dispatch. UK Dispatch does not check your Order before it is sent to the Courier for acceptance. It is therefore essential that you correctly enter all details required for the Order so that the correct Courier Services and charges are displayed Quotes are based on the information you provide when booking.

A contract for the Courier Services will only be formed between you and a Courier if the Courier accepts the Order. If a Courier accepts your Order, UK Dispatch will provide you with a picture and unique reference code for the Courier.

UK Dispatch will use reasonable endeavours to update you in real time at 10 second intervals and at each stage of the journey (e.g. en route, collection, delivery) to show the Courier’s progress.

UK Dispatch reserves the right to refuse and cancel any Order and operate payment and fraud security checks.

 C3. Order changes

UK Dispatch shall provide an Order change function via the UK Dispatch Marketplace, by which UK Dispatch and/or the Courier may notify you of changes to the charges in the event that you amend the Order at any time between acceptance by the Courier and delivery of the Consignment. Once the change has been made, the UK Dispatch Marketplace will only show the new amount of the charges.

C4. Payment process

UK Dispatch shall invoice you for all sums due in respect of:

If you are an individual, the amounts notified to you via the UK Dispatch Marketplace will include VAT (where applicable). Otherwise, the amounts notified to you via the UK Dispatch Marketplace will be exclusive of VAT (where applicable).

Payments shall be made via such payment processors as UK Dispatch may notify you in writing from time to time or, where agreed in writing, via BACs to UK Dispatch. 

UK Dispatch shall issue invoices weekly or monthly (unless otherwise agreed in writing between you and UK Dispatch).

Amounts owed to UK Dispatch are due and payable on the date of the invoice, unless otherwise agreed in writing.

If you fail to make a payment due to UK Dispatch under these terms by the due date, then (without limiting UK Dispatch’s remedies elsewhere in these terms) UK Dispatch can charge you a £25 admin fee every time it needs to contact you reminding about the payment. In addition, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%. Where a payment is disputed in good faith, interest is only payable after the dispute is resolved, on sums found or agreed to be due, from the due date until payment.

If you dispute any invoice, you must notify UK Dispatch in writing within 7 days, and shall pay all amounts not disputed by you on the due date as set out above, otherwise admin fees and interest may be applied. You will not have to pay any interest until such dispute is resolved. Once the dispute is resolved UK Dispatch will charge you interest on correctly invoiced sums from the original due date.

UK Dispatch shall be entitled to recover on behalf of the Courier any monies owed to the Courier under Section E: Services Terms. You shall indemnify UK Dispatch against all costs and expenses (including legal fees) that are incurred by UK Dispatch in enforcing the terms of Section E: Services Terms against you on the Courier’s behalf.

C5. Standard and Enhanced Liability

Standard Liability” shall mean that UK Dispatch’s total liability to you under the indemnity set out below, in respect of the applicable Consignment, shall be limited in the aggregate to £100 or, if lower, the value of the applicable Consignment.

Where you elect to pay an additional charge for “Enhanced Liability” in relation to an Order, UK Dispatch’s total liability to you under the indemnity set out below, in respect of the applicable Consignment, shall be limited in the aggregate to the value of the Enhanced Liability selected and paid for or, if lower, the value of the applicable Consignment.

For the avoidance of doubt, Standard Liability and Enhanced Liability as defined above are referred to on the UK Dispatch Marketplace as Standard Liability Insurance and Enhanced Liability Insurance respectively.

Where a dispute has been resolved through the Section F: Disputes Procedure, UK Dispatch shall indemnity you against direct loss (if any) caused by a breach of Section E: Services Terms by the Courier that results in loss of or damage to your Consignment. The amount payable under this indemnity shall be the amount of direct loss agreed between you and the Courier through the Disputes Procedure, provided that this amount is not more than the Standard Liability, or where you have paid for Enhanced Liability, the value of such Enhanced Liability, in relation to the Consignment. Direct loss under this indemnity is constituted by:

  • reasonable freight costs and postage fees incurred by you or UK Dispatch in relation to (b) or (c) below; and
  • the reasonable repair costs of the item(s) damaged; or
  • if they are lost or damaged beyond repair, the lowest of:
    • their reasonable replacement cost, taking account of depreciation for wear and tear; and
    • the actual sale price of the item(s).

This indemnity shall not apply to loss or damage to Prohibited Items, Excluded Items or to any other item for which liability is excluded under Section E: Services Terms.

Where you receive a payment from UK Dispatch under this clause in relation to a Consignment, this indemnity shall be the sole and exclusive remedy for the Customer for all loss and damage caused by the breach of Section E: Services Terms by the Courier in relation to such Consignment and the Customer shall not have any contractual or other claim against the Courier or UK Dispatch for such loss and damage. 

C6. Data protection

You and UK Dispatch each agree to comply with the Data Protection Legislation.

For the purposes of the Data Protection Legislation, UK Dispatch shall be a data controller of certain personal data in relation to you, as set out in, and in accordance with the terms of, UK Dispatch’s Privacy Notice.

 C7. Limitation of liability

If UK Dispatch fail to comply with these terms, UK Dispatch shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations. If UK Dispatch’s failure to comply with its obligations is not remedied following such reasonable opportunity then, subject always to clause B6 of Section B: Visitor Terms, UK Dispatch’s total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited in the aggregate to £50.

C8. Survival

Clause C4 (in respect of any outstanding payments), clause C5 (to the extent that Standard or Enhanced Liability has been paid for), clause C6, and all clauses required for their interpretation, shall survive termination of this Section C: Customer Usage Terms for any reason.

 

SECTION D: COURIER USAGE TERMS 

This Section D: Courier Usage Terms shall apply between UK Dispatch and Couriers (and applicants to access the UK Dispatch Marketplace as Couriers).

D1. Courier registration and acceptance

By completing the registration form in UK Dispatch Work, you agree that your contractual relationship with each Customer shall be as set out in Section E: Services Terms.

You consent to UK Dispatch conducting verification and security procedures in respect of the information provided by you.

After completing the registration form, you will receive an email from UK Dispatch acknowledging that it has received your request to register as a Courier. Please note that this does not mean that you have been accepted as a Courier. UK Dispatch will notify you promptly by email or in-app notification if you have been accepted as a Courier and will provide you with access to all features of UK Dispatch Work.

D2. Your obligations

You acknowledge that once you have accepted an offer from a Customer to purchase Courier Services, this will constitute a binding contract between you and the Customer on the terms of Section E: Services Terms and that you shall comply with Section E: Services Terms in respect of such Order.

All information uploaded onto the UK Dispatch Marketplace by you shall be in the format required by UK Dispatch and shall relate strictly and solely to the Courier Services. UK Dispatch reserves the right to edit and/or remove any service information at any time and for any reason, including where UK Dispatch reasonably believes that the information is inaccurate or incomplete, does not meet with its formatting requirements and/or does not relate to the Courier Services.

You affirm and acknowledge that in relation to the Courier Services you provide to Customers under Section E: Services Terms, you shall:

  • use your own vehicle;
  • be responsible for the proper maintenance of the vehicle used; and
  • be responsible for any costs incurred in the course of providing the Courier Services, including but not limited to fuel and other running costs.

You affirm and acknowledge that as the operator of the UK Dispatch Marketplace, UK Dispatch shall have no say over the amount of time you spend providing Courier Services to Customers, that you shall have full discretion over whether you accept and perform Courier Services for Customers, and that you shall be free to perform services similar to the Courier Services other than via the UK Dispatch Marketplace.

You affirm and acknowledge that UK Dispatch does not guarantee any minimum number of Orders or payments to you.

When you nominate or arrange a Substitute you shall ensure that any such Substitute is a Courier. Once a Substitute is in place, you will have residual obligations to the Customer but payment for delivery of the Consignment will be made via UK Dispatch directly to the Substitute. By agreeing to be a Substitute, you agree to provide the Courier Services to the Customer in accordance with the terms of Section E: Services Terms.

You shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses and phone numbers) that came into your possession through your use of and activities on the UK Dispatch Marketplace, nor will you disclose such personal information to any third party without UK Dispatch’s express written consent. Furthermore you shall not include in any information uploaded to the UK Dispatch Marketplace or any other communication with any Customers any link to any URL located outside the UK Dispatch Marketplace, nor any advertising for any product or service other than your Courier Services.

You shall comply with all policies and guidelines of UK Dispatch, published on the UK Dispatch Marketplace from time to time.

You warrant, represent and undertake that you will comply with all applicable legislation in respect of any information you provide via the UK Dispatch Marketplace and any other communication with any Customers, and that such information shall not infringe any intellectual property rights or rights under data protection law, or any other rights of any third party.

You hereby indemnify UK Dispatch in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses arising as a result of any breach by you of these terms, or of any claim or action brought in connection with the Courier Services; any information you provide via the UK Dispatch Marketplace or any other communication with any Customers; and/or infringement of intellectual property rights, rights under data protection law, or any right of a third party.

 D3. Order changes

UK Dispatch shall provide an Order change function via the UK Dispatch Marketplace, by which you may notify the Customer of changes to the charges in the event that you amend the Order at any time between your acceptance of the Order and delivery of the Consignment.

 D4. Charges and payment

Payments from Customers in relation to your Courier Services (including as a Substitute) shall be made to UK Dispatch via such payment processor as UK Dispatch may notify to you in writing from time to time (the “Payment Processor”) or via BACs. You consent to UK Dispatch raising invoices from you to UK Dispatch on your behalf on a weekly basis (unless otherwise agreed between you and UK Dispatch). UK Dispatch will remit to you the amount agreed between you and UK Dispatch in relation to each Order (the “Received Price”), which shall be inclusive of any VAT that may be applicable.

No further benefits shall accrue to you besides the Received Price.

You affirm and acknowledge that you will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Received Price (including VAT if applicable) and you shall indemnify UK Dispatch in respect of any such payments required to be made by UK Dispatch.

Where a Customer requests a refund in accordance with Section E: Services Terms or any consumer right, you shall refund the Received Price to UK Dispatch immediately.

You shall pay all other fees and charges (if any) notified to you during the Courier registration process or otherwise in advance of such fees and charges becoming due (“Fees”). The Fees shall be due and payable in accordance with the payment terms notified to you. The Fees are exclusive of VAT and other sales tax which shall, where applicable, be paid in addition.

UK Dispatch may change the Fees at any time on the provision of notice to you in writing, by email or through your use of the UK Dispatch Marketplace. Your continued use of the UK Dispatch Marketplace following notice of such change shall be deemed to be your acceptance of the new Fees. If you do not agree with the changes to the Fees, you may terminate your agreement with UK Dispatch by notice in writing or by email.

If any Fees are not paid within 30 days after the due date then (without prejudice to UK Dispatch’s other rights and remedies) UK Dispatch reserves the right to charge interest on such sum on a day to day basis from the date such payment was due to the date of actual payment (both dates inclusive) at the rate of 8 per cent above the base rate of the Bank of England from time to time in force compounded quarterly. Such interest shall be paid by you on demand.

D5. Data protection

UK Dispatch shall be a data controller of certain personal data in relation to you, as set out in, and in accordance with the terms of, UK Dispatch’s Privacy Notice.

D6. Limitation of liability

If UK Dispatch fails to comply with this Section D: Courier Usage Terms or any other legal obligation it has towards you, UK Dispatch shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations. If UK Dispatch’s failure to comply with its obligations is not remedied following such reasonable opportunity then, subject always to clause B6 of Section B: Visitor Terms, UK Dispatch’s total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited in the aggregate to the 20% of all sums paid to you by UK Dispatch in respect of the Received Price for all Orders during the 6 month period prior to the date on which the event giving rise to the claim first occurred.

Given the nature of the UK Dispatch Marketplace, the Courier accepts and affirms that it would be disproportionately onerous on UK Dispatch for claims to be brought more than 6 months after the event giving rise to the claim. Accordingly the Courier shall not bring any claim following such period.

D7. Suspension and termination

Either party may terminate this agreement immediately on provision of written notice to the other (including via email). In such event:

  • you shall fulfil all Orders accepted by you through the UK Dispatch Marketplace on or before the date of termination;
  • you shall cease all use of the UK Dispatch Marketplace on or before the date of termination, except as necessary to comply with (a) above;
  • all rights granted to you hereunder shall cease on the date of termination; and
  • UK Dispatch shall revoke your access to your account and content, and remove your Courier Services from the UK Dispatch Marketplace, on the date of termination or when reasonably practicable thereafter.

Termination of this agreement shall not affect the rights of either party accruing or accrued prior to the termination of this agreement.

Clause D4 (in respect of any outstanding payments), clause D5, clause D6, and clause D7 (a) and (b), and all clauses required for their interpretation, shall survive termination of this Section D: Courier Usage Terms for any reason.

 SECTION E: SERVICES TERMS 

This Section E: Services Terms shall apply between Couriers and Customers (but not UK Dispatch).

 E1. The parties and the contract

A contract will come into existence between the Courier and the Customer at the point of the Courier’s acceptance of the Customer’s Order.

Details of the Courier which will carry the Consignment in relation to each Order will be provided to the Customer when Courier accepts the Order.

You can contact the Courier through the UK Dispatch Marketplace. If the Courier has to contact you, they will do so by telephone or by writing to you through the UK Dispatch Marketplace.

E2. The Courier Services

Subject to the terms of this Section E: Services Terms, the Courier will collect and deliver the Customer’s Consignment in accordance with the applicable Order as agreed via the UK Dispatch Marketplace.

In performing this obligation the Courier cannot guarantee collection dates and times. If the Courier is not able to collect a Consignment by the time set out in the applicable Order, the Courier will notify the Customer of the revised collection time as soon as possible.

The Courier may appoint a Substitute to perform the Courier Services on their behalf, provided that the Substitute shall be subject to equivalent obligations to the Courier’s under this Section E: Services Terms. For the avoidance of doubt, the Courier will continue to be subject to all duties and obligations under this Section E: Services Terms for the duration of the appointment of the Substitute.

Couriers do not deliver to addresses outside the United Kingdom.

E3. The Consignment

Unless otherwise agreed in writing the Customer may include the following items (“Excluded Items”) in a Consignment but the Courier shall have no liability in respect of such items:

  • Items which may suffer loss, damage, deterioration or depreciation caused by variation in temperature (except where caused by an accident to the conveying vehicle);
  • Items which suffer any mechanical, electronic or electrical derangement unless caused by external means;
  • Living or dead animals, reptiles or other creatures (not including legal animal products such as leather);
  • Bullion;
  • Cash and cash-like instruments including bank notes, specie and unnamed cheques;
  • Bonds, treasury notes and other securities;
  • Stamps;
  • Prepaid phone cards and similar;
  • Negotiable instruments;
  • Precious metals (unless part of a piece of jewellery);
  • Precious stones (unless part of a piece of jewellery);
  • Cigarettes, tobacco and other tobacco products (including electronic cigarettes);
  • Obscene publications and unlawful indecent images;
  • Parcels strapped or otherwise attached together.

The Customer shall not include any item(s) in a Consignment which are illegal to carry, own or transport, or which, in the Courier’s reasonable opinion may potentially be hazardous or dangerous to the Courier of the general public (“Prohibited Items”). Prohibited items include but are not limited to the following:

  • Weapons, arms, ammunition or associated parts, accessories, materials, ingredients or technology, including deactivated and replica weapons;
  • Blades of any kind longer than 1.5 inches;
  • Power tools such as chain saws;
  • Explosives, including fireworks;
  • Flammable materials;
  • Corrosives;
  • Poisonous, toxic or radioactive substances;
  • All other dangerous chemicals and biological agents;
  • Controlled drugs and narcotics, including associated paraphernalia;
  • Any item packaged in a dangerous or hazardous container.

The Courier will have no liability in respect of any Prohibited Items or Excluded Items in the Customer’s Consignment, including but not limited to any loss or damage or failure to deliver Prohibited Items or Excluded Items. The Customer agrees to indemnify the Courier against all loss and damage caused by any Prohibited Items or Excluded Items in the Customer’s Consignment and/or by the Customer’s breach of the above prohibition.

In the event that the Customer’s Consignment includes any Prohibited Item(s) or Excluded Item(s), it may be subject to delay, return or be held for collection by the Customer or the receiver.

If a Consignment containing Excluded Items is held for collection, the Customer will be notified that the collection of such Consignment must be arranged by a certain date. The Customer may incur storage charges in relation to this. The Consignment may be discarded if:

  • it is damaged to such an extent that it is a health and safety risk (such as smashed glass), in which case the Customer will be notified of this; or
  • if the Customer has been notified of a storage time limit, which has been exceeded.

Consignments may include data stored in writing in any format, whether hard copy or electronic, with contents including but not limited to names, addresses, bank details, signatures and dates of birth, but this shall be entirely at the Customer’s own risk.

The Customer must provide a full street address, and not a PO Box or BFPO address, both for the collection and delivery.

E4. Collection

The Customer’s Consignment must be packaged to a reasonable standard to protect the contents. The packaging must also be sufficient to hold the Consignment’s weight. All Consignments must be able to withstand a short drop, unless clearly marked as fragile.

It is the Customer’s responsibility to ensure that all the details are correctly completed and displayed on the correct Consignment as delivery will be made to the details listed on the Consignment, which should match the details provided via the UK Dispatch Marketplace. It is not the Courier’s responsibility to check this information.

The Courier will assume that Consignments have been correctly packaged, and will exercise an appropriate level of skill and care based on this assumption. Any claim resulting from a Consignment which has not been packaged to a reasonable standard and in line with the above requirements may be declined.

Customers must ensure the correct parcel is given to the Courier.

The Courier has the right to refuse a Consignment in circumstances where it is reasonable for them to do so. This includes but is not limited to the Consignment not being packaged, the packaging being insufficient, or the Consignment not complying with the information provided in the Order – for example, it is not labelled correctly, contains a Prohibited Item or is larger or heavier than stated. In such circumstances you may be charged in full.

The Customer can identify the Courier by their reference ID and photograph, which the Customer will have received when the Order was accepted. The Courier will also have the details of the Order on their device. The Courier accepts no liability for loss of or damage to a Consignment as a result of the Consignment being given to anyone other than the Courier.

The collection of a Consignment will normally occur on the Customer’s chosen date within the Customer’s chosen timeslot, which can be either an immediate courier booking or scheduled ahead of time as a pre-booked courier booking. However, collection dates and times are not guaranteed. If the Courier is not able to collect by the time set out in the Order, the Courier will notify the Customer of the revised collection time as soon as possible.

If the Courier is unable to collect the Consignment within the Customer’s chosen timeslot by reason of the Customer’s act or omission, then the Customer may be charged in full. Any redelivery of the Consignment will require a new Order, for which the Customer will be charged in full.

If the Courier does not collect the Consignment within the Customer’s chosen timeslot, other than by reason of the Customer’s act or omission, the Customer must contact the Courier immediately via the UK Dispatch Marketplace to rearrange collection. In the event that the Courier is unable to collect, you will not be charged (or if you have already paid, you will receive a refund).

E5. Delivery

Delivery dates and times are not guaranteed.

The Courier will endeavour to notify the Customer by email, text and/or phone call if there are any issues with delivery.

The Courier can only deliver to a full street address, and not to a PO Box or BFPO address. If a Consignment has to be returned for this reason, no refund will be given and the Customer may be charged up to the full value of the Order.

Deliveries will be made to the address on the item, main front door, reception or goods in. The Courier will not deliver to individual department or block numbers. Deliveries may be made to a neighbouring address if the agreed delivery method is not possible.

A telephone number and email address for both the sender and the receiver is required for each Consignment. Couriers will not redeliver or refund any returned item where the Courier has been unable to arrange a delivery if a telephone number or email address has not been provided.

The Courier will call/email/text the Customer if the method of delivery is not possible when they arrive at the delivery point. After making reasonable attempts to deliver, the Courier shall return the unsuccessful Consignment to the sender. As this requires the Courier to travel twice the distance, the Customer may be charged up to twice the full value of the Order.

The Customer shall ensure that the receiver signs for the Consignment upon delivery, indicating whether the Consignment is undamaged, damaged or unchecked. This will be logged by the Courier.

Where the Customer requests delivery where no person will be able to sign for the Consignment (such as leaving the Consignment at an unmanned address) and the Courier accepts this request, the Courier shall not be liable for any claims that the Consignment was not delivered where the Courier has confirmed in real time that the Consignment was delivered.

E6. Customer changes

If the Customer wishes to make a change to an Order, they must contact the Courier via the UK Dispatch Marketplace. The Courier will inform the Customer if the change is possible. If it is possible, the Courier will inform the Customer of any changes to the price of the Order, the timing of delivery or anything else which would be necessary as a result of the Customer’s requested change, and ask the Customer to confirm whether they wish to go ahead with the change. If the Courier cannot make the change or the consequences of making the change are unacceptable to the Customer, see clauses E8, E9 and E10 of this Section E: Services Terms).

E7. Force majeure

Neither party shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to any of the following:

  • Acts of God, flood, earthquake, windstorm or other natural disaster;
  • epidemic or pandemic;
  • war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
  • terrorist attack, civil war, civil commotion or riots;
  • nuclear, chemical or biological contamination or sonic boom;
  • any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent;
  • fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the Courier) or adverse weather conditions;
  • interruption or failure of utility service, including but not limited to electric power, gas or water;
  • any labour dispute, including but not limited to strikes, industrial action or lockouts;
  • non-performance by suppliers; and
  • collapse of building structures, failure of plant machinery, machinery, computers or vehicles.

E8. Customer’s rights to end the contract

The Customer has the right to withdraw from the order process at any point before submitted an Order.

In the event the Customer terminates within 180 seconds following the Courier’s acceptance of the Order, 18 hours or more before the beginning of the pickup window, the Customer will not be charged a cancellation fee.

In the event the Customer terminates at any other time up to collection, a cancellation fee of an amount equivalent to 20% of the charges paid or payable or the minimum vehicle fee listed in the pricing schedule (whichever is largest) will apply.

Termination through the UK Dispatch Marketplace will not be allowed in relation to Consignments where the charges payable are £75 net or more. In the event the Customer wishes to cancel in these circumstances, the Customer will be put in touch with the UK Dispatch team, and a cancellation fee of an amount equivalent to 50% of the charges paid or payable may be applied.

Once the Consignment has been collected from the Customer, the Customer cannot terminate and the full fee shall be payable.

If the Consignment has been collected from the Customer and the Courier is unable to deliver it, the Courier shall return the Consignment to the collection address. As this requires the Courier to travel twice the distance, the Customer may be charged up to twice the full value of the Order. 

E9. Courier’s rights to end the contract

The Courier may end the contract at any time by writing to the Customer if:

  • the Customer does not make any payment to UK Dispatch (via the UK Dispatch Marketplace) when it is due and still does not make payment within 30 days of UK Dispatch reminding the Customer that payment is due;
  • the Customer does not, within a reasonable time of the Courier asking for it, provide the Courier with information that is necessary for them to provide the Courier Services;
  • the Customer does not, within a reasonable time, allow the Courier to collect the Consignment or deliver it to the receiver;
  • the Courier is unable to complete the Order for reasons that are out of their control.

Where the Courier terminates the contract in accordance with (d) above, they will refund any money the Customer has paid in advance for services they have not provided.

Where the Courier terminates the contract in accordance with (a) to (c) above, the Customer shall be liable for cancellation fees as set out in this Section E: Services Terms, including a charge for waiting at the pickup location if applied in case (c). 

E10. If there is a problem

In the event of a dispute between the Customer and the Courier, the parties shall follow Section F: Disputes Procedure via the UK Dispatch Marketplace.

E11. Charges and payment

In consideration for the Courier’s provision of the Courier Services, the Customer shall pay to UK Dispatch the charges agreed  between UK Dispatch and the Customer and, where applicable, all Surcharges and all additional charges notified to the Customer via the change control procedure. All payments must be made via the UK Dispatch Marketplace. All charges set out on the UK Dispatch Marketplace are net (excluding VAT). If the Customer’s account is not registered as a business, amounts including VAT shall be notified to the Customer via the UK Dispatch Marketplace.

Payments shall be made via such payment processor as UK Dispatch may notify the Customer in writing from time to time or, where agreed in writing with UK Dispatch, via BACs to UK Dispatch. Save as otherwise expressly agreed in writing with UK Dispatch, the Customer shall pay all charges agreed between UK Dispatch and the Customer, together with all Surcharges and all additional charges notified to the Customer via the change control procedure immediately following delivery (or on the Courier’s confirmation that it has been unable to collect the delivery, where this has been cause by the Customer’s act or omission).

UK Dispatch shall be entitled to recover any monies owed under Section E: Services Terms.

If the Customer fails to make a payment due to UK Dispatch under this Section E: Services Terms, then (without limiting UK Dispatch or the Courier’s remedies elsewhere under these terms) the Courier and the Customer agree that UK Dispatch can charge the Customer a £25 admin fee every time they need to contact the Customer reminding about the payment. In addition, the Courier and the Customer agree that the Customer shall pay interest to UK Dispatch on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%. Where a payment is disputed in good faith, interest is only payable after the dispute is resolved, on sums found or agreed to be due, from the due date until payment.

If the Customer disputes any invoice, they must notify UK Dispatch in writing within 7 days, and shall pay all amounts not disputed by the Customer on the due date as set out above, otherwise admin fees and interest may be applied. 

E12. Surcharges

Surcharges may be payable by the Customer in addition to the charges quoted when the Order is placed. Surcharges represent the additional costs suffered by the Courier in connection with provision of the Courier Services.

When a Surcharge is payable, it will be charged directly to the payment method used to make the initial Order (and the Customer hereby authorises the automated payment of such charges). 

E13. The Courier’s responsibility for loss or damage suffered by the Customer

In the event of loss or damage to the Customer’s Consignment, both the Customer and the Courier shall comply with Section F: Disputes Procedure.

The Courier shall only be liable to the Customer to the extent to which the Customer has not already recovered its loss and damage from UK Dispatch. In this event, the Courier shall be liable to the Customer for direct loss up to a maximum of the equivalent of the charges paid in relation to the relevant Order.

The Courier shall not be liable for losses that result from its failure to comply with this Section E: Services Terms that fall into the following categories:

  • consequential, indirect or special losses;
  • loss of profits, income or revenue;
  • loss of savings or anticipated savings, interest or production;
  • loss of business or business benefits;
  • loss of contracts;
  • loss of opportunity or expectations;
  • loss of goodwill and/or reputation;
  • loss of marketing and/or public relations time and/or opportunities;
  • loss of data; or
  • loss of management or office time,

or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The Courier shall not be liable for losses that result directly or indirectly from or in connection with any of the following, regardless of any other contributory cause or event:

  • war, invasion, act of foreign enemy, hostilities or a warlike operation or operations (whether war be declared or not), civil war, rebellion, revolution, riot, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power;
  • terrorism, which is defined as any act or acts including but not limited to the use or threat of force or violence or harm or damage to life or property (or the threat of such harm or damage) including but not limited to harm or damage by nuclear, chemical, biological or radioactive means, caused or occasioned by any person or group of persons, or so claimed, in whole or in part for political, religious, ideological or similar purposes; or
  • any action taken in controlling, preventing, suppressing or in any way relating to (a) or (b) above.

Nothing in these terms shall limit or exclude the Courier’s liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other loss which cannot be limited or excluded by law.

E14. Use of personal data provided by the Customer

The Courier receives personal data provided by the Customer via the UK Dispatch Marketplace. The Customer and the Courier acknowledge that for the purposes of the Data Protection Legislation, the Customer is the data controller and the Courier is a data processor in relation to the personal data set out in the table below.

 

Types of personal data

Name

Collection address

Delivery address

Telephone number

Any other information disclosed via the UK Dispatch Marketplace in relation to a delivery

Categories of data subject

Sender and recipient of each Consignment

Scope of processing

In accordance with the Customer’s instructions under this Section E: Services Terms

Nature of processing

Accessing in relation to acceptance of bookings via the UK Dispatch Marketplace and delivery of Consignments in accordance with Orders

Purposes of processing

Provision of Courier Services to Customers, and resolving disputes

Duration of processing

Until delivery of the Consignment, or if later until the resolution of any dispute in relation thereto

 

The Customer and the Courier will comply with the Data Protection Legislation.

The Courier shall, in relation to any personal data processed in connection with the Consignment:

  • process such personal data only on your documented instructions as set out in this clause E14 (as updated from time to time by agreement between the parties), unless required to do so by applicable law; in such a case the Courier shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
  • ensure that persons authorised to process personal data provided by you have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
  • not transfer personal data outside of the United Kingdom;
  • assist the Customer (at the Customer’s cost) in responding to any data subject access request and to ensure compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, privacy impact assessments and consultations with supervisory authorities or regulators;
  • notify the Customer without undue delay on becoming aware of a personal data breach or communication which relates to the Customer’s or the Courier’s compliance with the Data Protection Legislation;
  • at the written request of the Customer, delete or return personal data (and any copies of the same) to the Customer on termination of this Section E: Services Terms unless required by the Data Protection Legislation to store the personal data;
  • only process personal data via the UK Dispatch Marketplace, which the Customer acknowledges is subject to appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result therefrom, having regard to the state of technological development and the cost of implementing any measures;
  • allow for audits by the Customer or the Customer’s designated auditor.

The Customer agrees that any Substitute appointed under this Section E: Services Terms is a third party processor of personal data. By agreeing in writing to be a Substitute under this Section E: Services Terms, the Substitute shall agree to comply with this clause E14 and UK Dispatch’s Privacy Notice. The Courier shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause.

The Courier shall not be considered a data controller or a data processor for any personal data that is contained within a Consignment.

E15. Other important terms

The Customer may not transfer its rights or obligations under this Section E: Services Terms to any third party.

This contract is between the Customer and the Courier. Except as expressly provided, no other person shall have any rights to enforce any of its terms.

Clauses E7, E8, E9, E10, E11 (in respect of any outstanding payments), E12 (in respect of any outstanding payments), E13 and E14, and all clauses required for their interpretation, shall survive termination of this Section E: Services Terms for any reason.

 

SECTION F: DISPUTES PROCEDURE

This Section F: Disputes Procedure shall apply between UK Dispatch, UK Dispatch, Couriers and Customers.

 F1. UK Dispatch’s obligations

UK Dispatch shall provide a procedure for resolving disputes between Customers and Couriers via the UK Dispatch Marketplace. UK Dispatch shall use its reasonable endeavours to mediate any dispute between the Customer and the Courier where such dispute is submitted to UK Dispatch via the disputes procedure, and both parties comply with the terms set out in this Section F: Disputes Procedure.

 F2. Customer’s obligations

Once the Courier has departed following delivery of the Consignment, or in the event that the Courier does not deliver a Consignment and has not been able to find the Consignment in accordance with clause F4 below, the Customer shall submit all enquires relating to loss or damage to Consignments to UK Dispatch and not to the Courier. Failure to comply with this requirement may cause a delay in the resolution of any dispute.

 F3. Damaged items

In the event of damage to a Consignment, the Customer must:

  • mark the item as “damaged” on the mobile device provided by the Courier;
  • notify UK Dispatch via Contact within 7 days of delivery; and
  • retain the damaged item in the state that it was delivered, at the address it was delivered to, together with all packaging, until the dispute procedure is concluded.

 F4. Lost items

In the event of non-delivery of a Consignment, the Customer must:

  • contact UK Dispatch via Contact within 24 hours of the expected delivery date as agreed between the Courier and the Customer through the UK Dispatch Marketplace (“Expected Delivery Date”), to notify the Courier of the failure to deliver; and
  • permit the Courier 72 hours to search for the lost item.

 F5. Information to be provided

On submission of a dispute the Customer shall provide to UK Dispatch:

  • proof that the Courier has collected the Consignment from the sender;
  • a copy of the invoice for the item that shows the value of the Consignment; and
  • serial numbers and IMEI numbers for electrical items.

Both the Courier and the Customer shall provide all other information requested by UK Dispatch to assist with its assessment of a dispute within 21 days of receipt of our request.  Such information may include photographs of the Consignment or permission for UK Dispatch to inspect the Consignment.

If the information requested is not received within the above timescales, UK Dispatch may refuse to mediate the dispute.

UK Dispatch may also ask for an estimate of repair costs for damaged items, or confirmation that an item cannot be repaired, to be supplied by a specialist in the relevant type of repairs.

 F6. Remedies

UK Dispatch shall retain all charges paid by the Customer to UK Dispatch in respect of the delivery of the relevant Consignment throughout the period of any dispute process and until the period for contesting a decision, as set out below, has passed.

In the event that the dispute is not resolved via the disputes procedure, the Customer and the Courier shall make alternative arrangements for the resolution of the dispute.

If the Customer or the Courier wishes to contest any decision made via the dispute procedure, they must write to UK Dispatch’s Ops team (info@ukdispatch.co.uk) within 7 days from the date of the decision.

UK Dispatch does not accept any liability in respect of the disputes procedure, including any failure of the procedure to resolve the dispute.

 

SECTION G: GENERAL TERMS

This Section G: General Terms shall apply to each of the other sections. 

G1. Changes

UK Dispatch may amend these terms at any time (other than a contract under Section E: Services Terms that has already been entered into between a Courier and a Customer for a specific booking) on the provision of notice in writing, by email or via a message displayed on the UK Dispatch Marketplace. Your continued use of the UK Dispatch Marketplace (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or revised terms. If you do not agree with the changes to these terms, you may terminate your agreement with UK Dispatch by notice in writing or by email.

G2. Notices

All notices given by you to UK Dispatch must be given using UK Dispatch’s contact details set out on the UK Dispatch Marketplace.

All notices given by you to other Visitors must be given via the UK Dispatch Marketplace.

UK Dispatch shall give notice to you by posting details on the UK Dispatch Marketplace, by using the email or postal address you provided on registration (where applicable), or such other email or postal address as you notify UK Dispatch in writing from time to time.

Notice will be deemed received and properly served immediately when posted on the UK Dispatch Marketplace, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

G3. Severability

Each of the paragraphs of these terms operates separately. If any of the terms are deemed by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

G4. Entire agreement

Sections B to F and any document expressly referred to in them each constitute the whole terms between you and the relevant counterparty/ies and supersede any previous arrangement, understanding or terms between you and such counterparty/ies relating to the subject matter of the relevant section.

Each party acknowledges that, in entering into Sections B to F (including any document expressly referred to in them), they have not relied on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to the relevant Section or not) other than expressly set out in the relevant Section.

Each party agrees that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in the relevant Section.

G5. Survival

All clauses in this Section G: General Terms, and all clauses required for their interpretation, shall survive termination of the terms for any reason.

G6. Law and jurisdiction

These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

1 M
Miles driven each year
50 K
Packages Delivered
5 Y
5 years of Trust