The Terms and Conditions of Use for ParcelFrog.com
- Definitions
Definitions
“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.
General conditions
1.1 ACCESS
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 CONTENT
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:
1.2.3.1
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;
1.2.3.2 for
which you have not obtained all necessary licences and/or approvals;
1.2.3.3
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
1.2.3.4
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.
LICENCE
1.3.1 You
are permitted to view, print and download extracts from the Site for your own
use on the basis that:
1.3.1.1 no
documents or related graphics on the Site are modified in any way;
1.3.1.2 no
graphics on the Site are used separately from the corresponding text; and
1.3.1.3 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.
Disclaimer
1.4.1 To
the extent permitted by law we hereby exclude:
1.4.1.1 all
conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity; and
1.4.1.2 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
Any
information about you that we process will be processed in accordance with our
privacy policy
1.6
TERMINATION
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:
1.6.1.1
there is a regulatory or statutory change limiting our ability to provide
access to the Site;
1.6.1.2
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
1.6.1.3 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:
1.7.2.1 you
do not remove, distort or otherwise alter the size or appearance of any logos
used by us on the Site;
1.7.2.2 you
do not create a frame or any other browser or border environment around the
Site;
1.7.2.3 you
do not in any way imply that we are endorsing any products or services other
than our own;
1.7.2.4 you
do not misrepresent your relationship with us nor present any other false
information about it;
1.7.2.5 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;
1.7.2.6 you
do not link from a website that is not owned by you; and
1.7.2.7
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 GENERAL
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
- Registration
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.
- ParcelFrog.com and You
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.
- Our Services
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.
- What We Do
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.
- What We Do Not Do
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.
- Transportation
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.
- Mileage Calculations
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.
- No Resale of our Services
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.
13.6 Other than personally identifiable information, which is covered under our
Privacy Policy, any information shall be considered non-confidential and
non-proprietary. We shall have no obligations with respect to such material. We
shall be free to copy, disclose, distribute, incorporate and otherwise use the
Information and all data, images, sounds, text and other items embodied therein
for any and all commercial or non-commercial purposes.
14. Licenses
14.1 You
are permitted to view, print and download extracts from the Site for your own
use on the basis that:
- 14.1.1 no documents or related graphics on the
Site are modified in any way;
- 14.1.2 no graphics on the Site are used
separately from the corresponding text; and
- 14.1.3 Our copyright notices and this
permission notice appear in all copies.
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
15.1 We are
committed to protecting your privacy. Our privacy practices are set out in our
Privacy Policy. We may disclose your details or access your account if required
to do so by law, by the Financial Services Authority, the Office of Fair
Trading or any other applicable regulator, compliance monitor, Governmental or
law enforcement agency.
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:
- 16.3.1 You do not remove, distort or otherwise
alter the size or appearance of any logos used by us on the Site;
- 16.3.2 You do not create a frame or any other
browser or border environment around the Site;
- 16.3.4 You do not in any way imply that we are
endorsing any products or services other than our own;
- 16.3.5 You do not misrepresent your
relationship with us nor present any other false information about it;
- 16.3.6 You do not otherwise use any trade
marks owned by ParcelFrog.com (whether these are registered or unregistered)
which are displayed on the Site without our express written permission;
- 16.3.7. You do not link from a website that is
not owned by you; and
- 16.3 8 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.
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.
17. Cancellations
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. Feedback
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;
Subscription Fees
|
|
|
|
Area(s)
|
|
Per Area
|
Payment Date
|
Home Area
|
|
No Fee
|
No Fee
|
Additional
Area(s)
|
|
£0.00
|
Monthly
|
Transaction Fees
|
|
5% of Total
Order Value
|
Within 30
days of Transaction
|
|
|
|
|
Refunds of Fees
|
|
|
|
Refunds accepted
|
|
Refund Amount
|
|
Customer
Cancels
|
|
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
26.1
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.
26.2 Access
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.
29. Fraud
29.1
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
website.
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. Complaints
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. Indemnity
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. Terminations
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:
- 36.7.1 There is a regulatory or statutory
change limiting our ability to provide access to the website.
- 36.7.2 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)
- 36.7.3 We consider that you are abusing the
website or are otherwise acting in breach of the set terms and conditions
of this website.
37. BETA Testing Stage
- The Users,
Members, Service/Transport Providers and any other person who visits or uses
the website agrees that they understand that the Site may not be bug free or
100% secure.
- Beta testing may
continue until we are completely satisfied that the Site is bug and error free.
- We may remove
Beta testing at any time without notice.
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:
ParcelFrog.com
30 Broad Street
Teddington
Middlesex
TW11 8RF
Our email address is info@ParcelFrog.com
Terms and
Conditions last revised on 15th November 2013