The Terms and Conditions of Use for ParcelFrog.com
“Courier and or Service Provider and or Transport Provider” means a Member who has submitted a price for the website to generate a quotation in respect of an Order;
“Conditions” means all conditions applicable to a person accessing the Site in connection with his use of the Site (i.e. for a visitor, the General Conditions alone, and for a Member, the General Conditions and the Supplementary Conditions);
“We” and “Us” means ParcelFrog.com;
“You” means the person who is browsing and or using and or a registered member at the website at www.ParcelFrog.com.
“User” means the Customer who has requested a quote and or booked a job on the website;
“Order” means the transport request searched and or booked by the Customer on the Site;
“Member” means a person who has registered (and “Membership” means the status of being a Member) this can be both User or Service or Transport Provider;
“Registration” or “Register” means setting up a membership account and having agreed to these Terms and Conditions;
“Site” and “Website” both mean the website as published at www.ParcelFrog.com.
“Transaction” means the agreement entered into between a Courier and the User for the performance of a job.
This site is owned and operated by ParcelFrog.com (“we”, “us” or “our”) are in reference to the aforementioned ParcelFrog.com team and business.
This Website is an online trading platform and a marketplace that provides its service to its Users to obtain multiple quotes for their deliveries, with a view to entering into a business agreement with the best suited company this may be derived from variables such as price, estimated collection time, feedback rating, location, mileage meter experience etc.
You may access some areas of the Site without the need for Registration in which case only the General Conditions will apply. Certain areas of the Site are only open to you if you are a Member and if you decide to register as a Member you will be asked to confirm expressly that you have read and accept the Terms and Conditions as well as the General Conditions.
The Conditions (below) apply to the access and use of this Site, and to any correspondence by e-mail between you and us. Please read these terms carefully before using the Site. Using the Site indicates that you accept the General Conditions regardless of whether or not you choose to become a Member. If you do not accept the General Conditions, please do not use this Site.
ParcelFrog.com may revise the Conditions at any time by updating this posting. You should check the Site from time to time to review the current version of the Conditions because they are binding to you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Site.
Any rights not expressly granted in these terms are reserved.
1.1.1 Whilst we endeavour to ensure that the Site is available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
1.1.2 Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.
1.2.1 Whilst we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy or completeness of the material on the Site. We may make changes to the material on the Site at any time and without notice. The material on the Site may be out of date, and we make no commitment to update such material.
1.2.2 The contents of the Site are provided “as is”, and we provide no warranties in respect of such contents.
1.2.3 You are prohibited from posting or transmitting to or from the Site any material:
18.104.22.168 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
22.214.171.124 for which you have not obtained all necessary licences and/or approvals;
126.96.36.199 which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or
188.8.131.52 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
1.2.4 You may not misuse the Site (including, without limitation, by hacking).
1.2.5 We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause 3.
1.3.1 You are permitted to view, print and download extracts from the Site for your own use on the basis that:
184.108.40.206 no documents or related graphics on the Site are modified in any way;
220.127.116.11 no graphics on the Site are used separately from the corresponding text; and
18.104.22.168 our copyright notices and this permission notice appear in all copies.
1.3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including, without limitation, photographs and graphical images) are owned by us or our licensors. Save as agreed otherwise, any use of extracts from the Site other than in accordance with clause 1.3.1 is prohibited, and if you breach clause 1.3.1, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
1.3.3 Subject to clause 1.3.1, no part of the Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.
1.4.1 To the extent permitted by law we hereby exclude:
22.214.171.124 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
126.96.36.199 any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
1.4.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
1.5 Information about you and your visits to our site
1.7.1 We may, at our sole discretion, restrict your access to the Site and/or refuse to correspond with you without prior notice where:
188.8.131.52 there is a regulatory or statutory change limiting our ability to provide access to the Site;
184.108.40.206 there is any event beyond our reasonable control preventing us from providing access to the Site (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
220.127.116.11 we consider that you are abusing the Site or are otherwise acting in breach of the Conditions.
1.7 LINKS TO AND FROM OTHER WEBSITES
1.7.1 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for their content or availability. We do not therefore endorse or make any representations about them, or any material found there, or any consequences of using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
1.7.2 If you would like to link to the Site , you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:
18.104.22.168 you do not remove, distort or otherwise alter the size or appearance of any logos used by us on the Site;
22.214.171.124 you do not create a frame or any other browser or border environment around the Site;
126.96.36.199 you do not in any way imply that we are endorsing any products or services other than our own;
188.8.131.52 you do not misrepresent your relationship with us nor present any other false information about it;
184.108.40.206 you do not otherwise use any trade marks owned by Us (whether these are registered or unregistered) which are displayed on the Site without our express written permission;
220.127.116.11 you do not link from a website that is not owned by you; and
18.104.22.168 your website does not contain content that we, in our sole discretion, consider to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which doesn’t otherwise comply with all applicable laws and regulations.
1.7.3 We expressly reserve the right to revoke the right granted in clause 1.7.2 for breach of the General Conditions and to take any action that we deem appropriate.
1.7.4 You shall fully indemnify us for any loss or damage that we may suffer for breach of clause 1.7.2.
1.8. Domain Name Protection
You agree not to register any domain name that includes the words “Parcel Frog'; infers it is connected to us or in any way casts aspersions on us.
1.9.1 Unless otherwise specified, the Site is directed solely at those who access it from England and Wales. Should you choose to access the Site from locations outside England and Wales then you will be responsible for compliance with local laws if and to the extent local laws are applicable.
1.9.2 You warrant that it is legal for you to view the Site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.
1.9.3 A failure or delay in enforcing compliance with one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions.
1.9.4 No provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
1.9.5 If any provisions of the Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
1.9.6 The Conditions constitute the entire agreement between ourselves as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.
1.9.7 Any and all notices to be given by either one of us to the other pursuant to or in connection with the Conditions shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at any e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed at the start of these General Conditions.
1.9.8 The Conditions are governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.
ParcelFrog.com Website Terms and Conditions
2.1 Only those in a position to form legally binding contracts their respective jurisdictions and laws may register with ParcelFrog.com. Registration is not open to persons aged 17 years or under or to any persons who has had their membership suspended, revoked or terminated previously by ParcelFrog.com. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement and all the terms and conditions associated to it also.
2.2 Each Registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Furthermore, your Membership may not be transferred to a third party.
2.3 If you are part of a national or multi office business, you need to register independently, for this you can contact the team at ParcelFrog.com or continue to create independent memberships through the website.
2.4 Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password even if the username and password has been used by a third party with or without your consent. You have the sole responsibility to protect your passwords. Any malicious activity resulting from your neglect of safeguarding your username and or password remain your responsibility until reported to us.
2.5 You agree that you will only register one account and by registering multiple accounts you are infringing this clause 2.5 and we have the right to terminate all your accounts.
3.1 Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between ourselves and any Members whatsoever. Members shall not hold themselves out as implying any such relationship with us. This is an online marketplace where the Service Provider meets with the User by the latter requesting a quote and or service from the former herein.
4.1 We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. The Site acts as a channel through which Service Providers and or Transport Providers and Users can meet and enter into negotiations with a view to entering into transactions. We are in no way involved in the actual transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs and or Transactions that take place through this Site.
4.2 If you are a Service Provider you hereby agree that the Site is for courier/shipping/transportation related services only and that work that you provide will only involve these services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Job.
4.3 It is the responsibility of the User to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the transaction. The User is to inform the Service Provider with the relevant information in order for the successful transaction to take place.
5.1 This site is all about sharing information. We provide a trading marketplace for couriers and like minded Service Providers to advertise their services and provide the most competitive quotations to the Users requirements. We also offer optional payment processing facilities on behalf of Courier Companies registered on ParcelFrog.com which are subject to processing charges and ParcelFrog.com commission fees.
5.2 We are providing a one stop courier shop to our Users in finding Service Providers and providing the Courier Companies an effective place to advertise and showcase their services to their target audiences.
6.1 The information we provide may not address all of your individual requirements. In particular, our information does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. We do not take any responsibility or guarantee on behalf of any Service Provider or User.
6.2 The impact of any information expressed on our site can vary widely based on your particular circumstances; you should always carry out your own research into the service that is of interest to you.
6.3 We do not endorse any Service Provider advertising there services on the Site nor do we endorse any Users.
6.4 We do not make any guarantees of whatsoever regarding transactions that have taken place or are taking place on ParcelFrog.com.
6.5 We do not warrant the accuracy of any feedback left by a User for a Service Provider nor do we warrant the accuracy of any feedback left by a Service Provider for a User.
7.1 The transportation of certain items is prohibited or restricted by law. It is the responsibility of the User to declare to the Service Provider details of the consignment and its hazardous nature. These include hazardous, dangerous goods and controlled substances. Additionally there are certain items that do not generally pose a danger to health, safety, or property while being transported but are regulated or banned from being transported. Items for carriage that are banned by law become the responsibility of the Service Provider to decline. We do not take any responsibility of the legality of items that are being transported. The Service Provider should ensure that they are entirely satisfied with the legality of transportation of goods prior to collection. The full responsibility for compliance with all laws and regulations that relate to the transportation of hazardous and restricted goods rests with the parties to the Transaction. Anyone who sends, or causes to be sent, a prohibited or restricted item or improperly packaged hazardous material may be subject to severe regulatory or indeed criminal penalties.
8.1 In order to calculate costs and provide quotations we use our own software to that has been designed and built by our own in-house developers. However the prices quotes by registered Courier Companies are set independently of ParcelFrog.com and no representation is made or warranty is given as to the accuracy of the distances involved in setting prices and may differ slightly from other software or even vehicle mileage meters.
8.2 We will assume no responsibility for any loss, damage, or delay howsoever resulting from use of the site. However, if you do find an error or omission, please let us know so we can notify the relevant persons to enable them to correct the error or omission and improve the service. We recommend that you verify any collection and delivery information from the other party to the Transaction.
9.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
9.2 ParcelFrog.com is a website which is run and operated independently and is not to be administered as a personal or resalable commercial service. All rights are reserved by ParcelFrog.com
10. Account Username and Password
10.1 Both Service Providers and Users will receive a password and account designation upon completing the registration process.
10.2 You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and or account.
10.3 You agree to (a) immediately notify ParcelFrog.com of any unauthorized use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session by logging out.
10.4 ParcelFrog.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section and safeguarding your login details.
11. General Practices
11.1 You acknowledge that ParcelFrog.com may establish general practices and limits concerning use of the services, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the services, the maximum number of email messages that may be sent from or received by an account on the services, the maximum size of any email message that may be sent from or received by an account on the services, the maximum disk space that will be allotted on ParcelFrog.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time.
11.2 You agree that ParcelFrog.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the services. You acknowledge that ParcelFrog.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ParcelFrog.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Your Obligations and Conduct
12.1 You warrant that you have taken all reasonable precautions to ensure that any data you submit to the Website is true and accurate and free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
12.2 You acknowledge and agree that you may be required to complete a registration process. This includes the creation of a password in order for you to access your ParcelFrog.com account.
12.3 You warrant that all information provided on registration of ParcelFrog.com and otherwise provided by you on this site shall be true, complete and accurate. You agree to immediately inform us if your information changes.
12.4 Any password allocated to, or created by you to enable you to use the services provided by this site shall be kept strictly confidential by you.
12.5 You agree to keep this password safe and not to disclose it to anyone. You agree to immediately notify us if any unauthorised third party becomes aware of that password and you agree to immediately change your password.
12.6 You agree that any person to whom your [username or password] is disclosed is authorised to act as your agent on this site. You agree to take all steps necessary to prevent unauthorised access to your ParcelFrog.com account via any computer used to access your account.
13. Your Use of Others Information
13.1 In order to facilitate interaction among the ParcelFrog.com Service Providers and Users, our service allows you limited access to other users' contact information.
13.2 By accepting this User Agreement, you agree that you will treat with respect and confidentiality the information of other users. Such information includes information received through the site or communicated by ParcelFrog.com.
13.3 ParcelFrog.com does not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add any ParcelFrog.com employee or ParcelFrog.com members’ details, even a User who has purchased a service from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.
14.1 You are permitted to view, print and download extracts from the Site for your own use on the basis that:
14.2 Subject to clause 14.1, no part of the Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.
14.3 Licence To enable ParcelFrog.com to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) license to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
15. Data Protection
16. Links – to and from ParcelFrog.com
16.1 The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ParcelFrog.com has no control over such sites and resources, you acknowledge and agree that ParcelFrog.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ParcelFrog.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16.2 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for their content or availability. We do not therefore endorse or make any representations about them, or any material found there, or any consequences of using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
16.3 If any Service Provider or User adds a link on our site they do so at their own discretion and we do not take any responsibility or make any endorsements to the site being linked to.
16.4 If you would like to link to the Site , you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:
16.4 We expressly reserve the right to revoke the right granted in clause 16.2 for breach of the conditions and to take any action that we deem appropriate.
16.5 You shall fully indemnify us for any loss or damage that we may suffer for breach of the clause 16.2.
16.6 Our site does include details on, or links through to, information provided by other websites. We don't control the accuracy or completeness of that information. You take full responsibility for using that information and verifying it and for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website please read their contract carefully before deciding to buy. Remember, your contract for those products or services will be with them, not us.
16.7 When you use other websites, any personal information you give them will be dealt with in line with their privacy polices, not ours, so please read the privacy policies of each and every such website before using them!
16.8 Some of the links included on our site may be from affiliated sites. These are links which take you directly or indirectly to a service or product provider and which may result in us receiving a fee or commission as a consequence of you clicking through to their site or purchasing a product from them.
16.9 You are welcome to link to our site if you comply with the terms set out in this section and all applicable laws. Any site or service that links to our site:
16.9.1 Can display the ParcelFrog.com logo but mustn't otherwise use any ParcelFrog.com trade marks without our written consent;
16.9.2 You must not remove, distort or otherwise alter the size or appearance of our logo;
16.9.3 You may link only to our homepage unless we have given you our prior written consent; which must be presented to us upon request.
16.9.4 You must not in any way imply that we are endorsing it or its products or services;
16.9.5 You must not misrepresent its relationship with us or present false information about us;
16.9.6 You must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
16.9.7 You must not be a site or service that contains content that could be considered distasteful or offensive.
If you breach these terms, then we have the right to require that your link is removed and to take whatever other action we think appropriate.
If a Job is cancelled either by the User or by a Transport Provider AFTER a booking has been made and accepted by the Service Provider but BEFORE any work on the Job commenced (a “Cancellation”) either party may seek to retrieve the Deposit or the Fee (whichever is relevant) in accordance with this clause 17.1 (a “Cancellation Request”).
If a job is cancelled by the User, the mileage charge that has been deducted or charged from the Service Providers account, will be reimbursed, as will the inventory charge.
If a job is cancelled by the Service Provider after accepting the job then no fees will be refunded for the cancellation.
18.1 Whilst we are unable ourselves to conduct any due diligence on our Members, we do enable Users and Successful Transport Providers to provide feedback evaluations on each other’s performance in the course of the Transaction including but not limited to the performance of the Job (or, as the case may be, their failure to enter into a Transaction and/or perform the Job). The evaluations seek to provide both Users and Transport Providers with guidance on the skills and/or reliability of the other trading partner prior to making or accepting a booking.
18.2 The feedback process involves leaving a rating along with a short comment about the performance of the Member. A Member’s overall feedback score is the average score of the ratings that he or she has received. The feedback can be left using the 5 star rating system and also by leaving a positive or negative comment.
18.3 You agree that you will not use any feedback received on the Site on any venue or website that is not the Site. Do always use common sense and respect when leaving feedback on another Member as unwarranted, potentially libellous feedback could result in legal claims being made against you. We do not censor feedback or investigate it for accuracy, and you acknowledge that we are in no way legally responsible for any feedback that is left.
18.4 Any use of profanity, libellous behaviour, illegal activity, or any other from of abuse of the feedback function or any other part of the Site may result in a ban from further use of the Site and, if applicable, being reported to any relevant law enforcement agency.
19. Fees and Charges
19.1 As an online marketplace for courier companies who are the Service Providers, we are do not charge or penalise the User for using the site and engaging in business with the Service Provider. Our fees are met by the courier companies who advertise their services on our website.
19.2 Users (the person who is sourcing a Service Provider) does not pay any fees for using the website.
19.3 Courier Companies the Service Providers agree to the table of fees as listed below unless otherwise agreed in writing by ParcelFrog.com;
5% of Total Order Value
Within 30 days of Transaction
Refunds of Fees
Full Refund of Fees
Customer does not pay Courier Company
Full Refund of Fees
20. Payments – Service Providers to ParcelFrog.com
20.1 All fees are to be made to ParcelFrog.com as follows;
20.1.1 Subscription for additional areas to be paid for in advance by setting up a Paypal / Google Checkout subscription.
20.1.2 Funds owed to ParcelFrog.com must be settled within 30 days of the initial transaction date.
Payments – Users to Service Providers
21.1 Payments from Users in respect of booked jobs to be collected by the Service Provider and are the sole responsibility of the Service Provider to arrange methods of payment and the collection of payment. We will not assist in any way in collecting monies from Users unless payment is made online via ParcelFrog.com. In such case monies will be paid to the Courier Company within 30 days of fulfilling the order minus processing fees and ParcelFrog fees.
21.2 Users agree to pay ParcelFrog.com the amount as quoted at the time of booking and if applicable any additional costs and charges that have been mutually agreed.
22. Unlawful Transaction
22.1 Members shall not use the Site for unlawful activities. Any Job or aspect of a Transaction carried out, or sought to be carried out unlawfully, by either Transport Provider or User, is prohibited and will be reported to the relevant Law Enforcement Agencies.
22.2 Certain Transactions may be governed by statutory or other regulations and cannot therefore be negotiated and if either the User or Transport Provider enters into such Transaction through the site then your accounts may be terminated with loss of any fees already paid and both parties will be reported to the relevant Law Enforcement Agencies.
23. Rejection or Removal of a Member
23.1 We reserve the right to reject your Registration or cancel your Membership at any time and for any reason or for no reason and without notice to you.
23.2 We reserve the right to notify other Members of any actions that we, in our sole discretion deem serious, and which have led to the cancellation of your Membership.
23 .3 If you are so removed or rejected you may appeal for reinstatement. Your appeal must include a written statement as to why you should be reinstated along with your contact information. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion.
23.4 Your submission of an appeal does not, in any manner; guarantee that you will be reinstated or that the appeal will necessarily be reviewed. We will contact you as to our decision to reinstate you. We are not obligated to give you any reasoning as to our decision. All decisions are final.
24. Our Content
24.1 All of the content on our site is owned by us or our licensors and is protected by International Copyright Laws.
24.2 The content on our site includes any information or other material found on ParcelFrog.com including chat forums, articles, databases, graphics, software and all other features of our site.
24.3 You are allowed to use our content for personal, non-commercial use only.
24.4 You may make one copy of extracts from this site on any single computer for personal, individual use only, provided that all copyright and proprietary notices are kept intact. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
24.5 The trade mark and domain ‘ParcelFrog.com are owned by ParcelFrog.com. All other brand names and trademarks that appear on this site are trademarks or trade names of their respective holders. No permission is given in respect of the use of any of these brands or marks and any such use may constitute an infringement of the holder's rights.
25. Your Content
25.1 You own any copyright in the text that you post to our proposed profile pages, chat forums and current ratings comment boxes. However, when you post text, you expressly grant us a perpetual, unlimited free license to republish that text on our site and to redistribute/make available and/or sell that text in print or electronic form anywhere in the world as part of an edited compilation or otherwise.
26. Your Information
Definition "Your Information" is defined as any information you
provide to us or other members in relation to the ParcelFrog.com service
including the registration, advertising or feedback process (including, without
limitation, any description of services or profiles). You are solely
responsible for Your Information, and we act as a mere conduit for your online
distribution and publication of Your Information.
26.2 Your Information and your activities on our Site must not:
26.2.1 Be false, inaccurate or misleading;
26.2.2 Be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
26.2.3 Infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
25.2.4 Be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
26.2.5 Be obscene, indecent or contain child pornography;
26.2.6 Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
26.2.7 Link directly or indirectly to or include descriptions of services that are prohibited under this User Agreement;
26.2.9 Contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
26.2.10 Cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
26.2.11 You must not provide services on the Site (or complete any transaction initiated using the Site) that, by paying to us any fees, could cause us to violate any applicable law.
and Interference. The Site contains robot exclusion headers. Much of the
information on the Site is updated on a real time basis and is proprietary or
is licensed to ParcelFrog.com by our users or third parties. You agree that you
will not use any robot, spider, scraper or other automated means to access the
Site for any purpose without our express written permission. Additionally, you
agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or
publicly display any content (except for Your Information) from the Site
without the prior expressed written permission of ParcelFrog.com and the
appropriate third party, as applicable; (iii) interfere or attempt to interfere
with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to
prevent or restrict access to the Site. We do not authorize you to extract or
re-utilize substantial parts of our Site, or to make systematic and repeated
extractions or re-utilizations of insubstantial parts of our Site.
26.3 Your Use of Other Users' Information. In order to facilitate interaction among all ParcelFrog.com community members, our service allows you limited access to other Users' contact information.
26.4 By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an ParcelFrog.com related communication or ParcelFrog.com facilitated transaction, you may only use such information for: (a) ParcelFrog.com communications that are not unsolicited commercial messages and relate to your genuine participation in an ParcelFrog.com facilitated transaction, (b) using services offered through ParcelFrog.com (e.g. escrow, insurance, postal and fraud complaints), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access.
27. Advertising and Dealings with Advertisers
27.1 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
27.2 To the fullest extent permitted by applicable law, you agree that ParcelFrog.com shall not be, and is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
28. Confidentiality and Non Disclosure
8.1 During the course of your Membership we may disclose to you, or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business.
28.2 You hereby agree that any and all of this information is confidential and shall be our sole and exclusive intellectual property. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited. All obligations contained herein will survive the termination of this Agreement.
Without limiting any other remedies, we may suspend or terminate your account
if we suspect that you have engaged or are about to engage in, or have been in
any way involved in or linked to, fraudulent activity in connection with the ParcelFrog.com
29.2 We may suspend or terminate your Membership if it is suspected that you have engaged in fraudulent activity in connection with the Site.
29.3 Members are not permitted to manipulate the price of any quotations or engage in any price fixing activities on the Site.
29.4 Quotes by Service or Transport Providers must include ANY and ALL charges, including any fees. If you are a VAT registered Service or Transport Provider your quotation will automatically include the VAT at the current rate, the price excluding VAT will also be displayed in all search results.
29.5 You agree not to cause or instruct another person or entity to engage in any conduct, acts or behaviour intended or designed to circumvent or avoid any Fees.
30. No Convictions
30.1 You represent that you, and any individuals associated with you who will be involved in a Transaction have not been convicted of a crime which is related in anyway to the shipping and/or transportation or haulage business.
30.2 Furthermore, you warrant and represent that there are currently no legal proceedings instituted against you that would prevent you from performing a Transaction to which you are a party or your obligations under the Conditions.
30.3 You also warrant that any staff used for the completion of a Transaction on the Site is not undergoing any criminal proceedings relating to the transportation or haulage business.
31.1 Our aim is at all times to provide you with an excellent service. However, if you are unhappy with our service for any reason, please contact our Customer Services Team (Complaint Handling) by email at complaints@ParcelFrog.com.
31.2 We will acknowledge receipt of your complaint, in writing, within 5 business days and we will inform you of the name or job title of the individual handling the complaint (together with details of our internal complaint handling procedures). We may combine the acknowledgement of the complaint with our final response, but in any event we aim to resolve complaints at the earliest opportunity.
31.4 If you are unhappy with any service that you have been introduced to through any of our channels, we recommend that you approach the provider of that product or service direct. If you require any provider's contact details, please contact our Customer Services Team who will be happy to assist. You will be required to provide details of the transaction concerned.
32. Modifications to Service
32.1 ParcelFrog.com will reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without prior notice.
32.2 You agree that ParcelFrog.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.
33. General Disclaimers
33.1 Save where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a Transaction will be with the other Member and, as a result, we can give no commitments of any nature about the other Member (whether User, Transport or Service Provider or Successful Transport/Service Provider (as defined hereafter)) or the Job, whether as to quality, quantity, delivery or price.
33.2 We assume no responsibility for claims made by Service/Transport Providers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the Transaction or quotation process. We operate purely as a neutral channel through which Service/Transport Providers and Users are brought together.
34. Exclusions of Liability
34.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud, or excludes or limits our duties or any liability under the Financial Services and Markets Act 2000, as amended, ("FSMA") or any conduct of business rules developed pursuant to FSMA.
34.2 We use all reasonable endeavours to ensure that the data, material and information on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, you accept that we are not responsible if the data, material and information on the Website is inaccurate or if there are any errors or omissions in the data, material and information.
34.3 We do not monitor, verify or endorse data, material and information submitted or provided by third parties which is included on the Website and you should be aware that such information may be inaccurate, incomplete or out of date.
34.4 In particular, we do not monitor, verify or endorse the information or quotations collected from the product and service providers as presented to you on the Website. We are not responsible for any data, material or information included on the Website which has been provided by third parties.
34.5 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
34.6 We are not responsible for any losses or damages arising from an inability to access the Website, from any use of the Website or from reliance on the data transmitted using the Website where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet.
34.7 We are not responsible or liable for any indirect losses or damages suffered or incurred by you or for any losses or damages suffered or incurred by you that were not foreseeable by us when you accessed or used the Website.
34.8 We are not responsible or liable for any losses or damages suffered or incurred by you that were not caused by any breach of these terms and conditions by us.
34.9 Some of our channels will provide you with access to third party websites who will host reviews about some of the products and services available. In some instances you may also be able to access user reviews directly on the Website. Regardless of whether you are transferred to a third parties website or read a user review on the Website, the views expressed therein do not represent our views or the views of our associated companies and we are not responsible or liable for the accuracy or content of any such views or expressions.
34.10 Some jurisdictions do not allow the exclusions of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections may not apply to you
34.11 In particular, nothing in these terms and conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of ParcelFrog.com.
34.12 You can purchase services of a many Service Providers via this website. Please be aware that the services that appear on the website are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those services before contracting with the third parties.
34.13 We accept no liability for any products or services or information provided by third party providers.
34.14 The third party providers will be supplying products and services on their own standard terms and conditions and you should check that you agree to those terms and conditions before making an application for financial services products or purchasing other services.
34.15 As you view the Website there may be references to specific terms and conditions which apply to certain products or services. In such circumstances, it is your responsibility to refer to such terms and conditions applicable to those offers.
35.1 You agree to indemnify and hold ParcelFrog.com and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the services, your use of the services, your connection to the services, your violation of these terms and conditions, or your violation of any rights of another.
35.2 You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
35.3 You agree to indemnify, defend and hold harmless us, our directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any material that you post or transmit on our communication forums or via our communications systems, any actions you take which disrupt access to and/or the functioning of our site or any breach by you of your obligations under these Terms.
36.1 We may terminate or suspend your access to the Website and the services within it at any time.
36 2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
36.3 You agree that ParcelFrog.com in its sole discretion, may terminate your password, account (or any part thereof) or use of the services, and remove and discard any content within the services, for any reason, including, without limitation, for lack of use or if ParcelFrog.com believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions.
36.4 ParcelFrog.com can or may also in its sole discretion and at any time discontinue providing the services, or any part thereof, with or without notice.
36.5 You agree that any termination of your access to the services under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that ParcelFrog.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the services.
36.6 You agree that ParcelFrog.com shall not be liable to you or any third-party for any termination of your access to the services.
36.7 We may, at our sole discretion, restrict your access to the Site and/or refuse to correspond with you without prior notice where:
37. BETA Testing Stage
You agree to all terms and conditions set out above and also to the terms and conditions of ParcelFrog.com in its entirety and by using this website and the services it provides, you agree to all conditions set out.
Information Which We Are Required To Give To You
www.ParcelFrog.com is an independently owned website and operated by PARCELFROG.COM Limited (“we” or “us”).
Our registered office is at:
30 Broad Street
Our email address is info@ParcelFrog.com
Terms and Conditions last revised on 15th November 2013