TERMS OF USE
This document as well as the documents referred to within set out the terms and conditions on which we will provide our services to you.
Some of the Website is only available to registered Members. When choosing to register as a Member of the Website you choose to agree to the Member's terms and conditions in addition to the rest of the terms. Any use of the Website constitutes acceptance of the Terms and Conditions whether or not you choose to become a member.
The Conditions apply to the access to and use of the Website, and to any correspondence between you and us.
At all times you have the right not to accept the Terms and Conditions. If this is the case please do not use the Website.
We may revise the Conditions at any time by updating this posting. This will be available in the terms section of the Website whenever possible.
Any rights not expressly granted in these terms are reserved.
Terms and Conditions
1 Definitions
Transport Provider means a Member who has registered with the intention to bid on Listings;
Conditions means the relevant area's of this and other documents governing the use of this Website. For unregistered visitors this is all Conditions other than the Member Conditions and for registered users this is the entire Terms and Conditions and the documents referred to within;
Customer is a Member who has posted a Listing on the Website;
User is any visitor to the Website; Listing is the method of requesting delivery quotes on the Website;
Member is a visitor who has chosen to register on the Website;
Registration/Registering/Register is the act of giving the Website your details in return for use of the functions of the Website and accepting the Conditions that govern this;
Website is www.findmycourier.com, www.findmycourier.co.uk and it's subsidiaries; and
Transaction is an agreement between the Transport Provider and the Customer in which a payment and delivery should take place. In some (non-binding) circumstances this agreement may be between the Transport Provider, the Customer and the Website.
ACCESS TO THE WEBSITE
1 We take extra effort to provide our service to you at all times. There are times when this may not be possible for any reason technical and otherwise, and in this case we shall not be held liable.
2 Access to the Website may be removed temporarily or permanently for any reason at the sole discretion of the Website team, however if possible and convenient we will give prior notice of this lack of access.
CONTENT
1 We do not guarantee that the content on the Website is up to date, is accurate or any other guarantees of the quality provided.
2 The contents of the Website are provided as is, and we provide no warranties regarding this.
3 You are prohibited from posting or transmitting to or from the Website any material:
A) 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;
B) for which you have not obtained all necessary licences and/or approvals;
C) 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
D)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).
4 You may only use the Website in the manner in which it was intended. Breach of this includes but is not limited to hacking.
5 If in breach of section CONTENT clause 3 we will fully cooperate with any legal proceedings or law enforcements in relation to this breach.
LICENCE
The content referred to in this section is any form of media, text or communication.
1 Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
2 The content you submit to the Website must not have been or will not be the subject of potential or actual legal proceedings or confrontational argument.
3 We reserve the right to edit or remove any material submitted to our Website, stored on our servers, or hosted or published upon our website.
4 Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
5 A complete and permanent cancellation of your access to the Website will be enacted if you are found to breach any of sections LICENSE clause 1 through to 4. 6 By submitting any content you grant us complete worldwide rights to use and re-produce this content. In the case of company logo's we will only undertake this with permission of the trademark owner.
LIMITATION OF LIABILITY
1 To the extent permitted by law we hereby exclude:
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows: (a) we will not be liable for any consequential, indirect or special loss or damage; (b) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; (c) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control; (d) in addition to the above we will not be liable for any events or losses of any kind unless expressly required by law.
INDEMNITY
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
YOUR INFORMATION AND USE OF THE WEBSITE
1 Our privacy policy determines the use of your information and activity on the Website. You hereby agree to the terms set out in out privacy policy, a link to which is available at the bottom of this page.
TERMINATION
1 We may at any time terminate your use of the Website without prejudice for any reason. In general this will usually be for;
(a) Using the Website in any way deemed unacceptable by us including but not limited to breaching the terms and conditions;
(b) Circumstances leading to the Website not functioning correctly or;
(c) Any other reasons necessary.
2 We will always strive to give notice of these events or an explanation following, however we do not in any way guarantee this.
LINKS TO AND FROM OTHER WEBSITES
1 We do not check nor guarantee the content following any links placed on the Website. We do not knowingly place any offensive or unnecessary material on the Website so please contact us if you find anything as such.
2 If you would like to link to the Website , you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
a) you do not remove, distort or otherwise alter the size or appearance of any logos used by us on the Website, uses frames or any other technique to show our website within your own, misrepresent your relationship with the Website, imply we are endorsing anything other than our own products or use any trademarks of findmycourier whether registered or not.
b) 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.
3 We expressly reserve the right to revoke the right granted in this section for breach of the Conditions and to take any action that we see fit.
4 You shall fully indemnify us for any loss or damage that we may suffer for breach of clause 2.
GENERAL TERMS
1. The Website is intended for use in England and Wales, however it is up to you the visitor to ensure that access and use of the Website is in accordance with any applicable laws, rules and regulations.
2 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
9.3 These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
MEMBER CONDITIONS
These conditions are in addition to and including the full Terms and Conditions laid out above. As a Registered Member your behaviour and use of the Website is governed by these Conditions.
REGISTRATION
1 As Registering on the Website is legally binding, you must be in a position to enter into a binding agreement. There are certain circumstances in which this will not be possible. This includes (but is not limited to) under 18's and people who are not permitted to enter a business entity into a binding agreement.
2 Registration on the Website is limited to one entity per Registration. You may not share your account with any other person or third party.
3 You are solely responsible for the protection of your username and password and you must take measures to ensure this information stays private.
THE SERVICES WE PROVIDE
1 We are not and do not claim to be a shipping company or transport provider of any kind. The Website is a gateway through which Transport Providers and Users can arrange aspects of a delivery transaction. Whilst we do attempt to ensure the safety of our Users and Transport Providers, we do not guarantee any aspect of the use of the Website or the completion of a Transaction. In the case of deliveries not completed when the courier does not arrive at the arranged time and does not intend to complete the delivery when agreed, we will return all funds paid to us, to the customer when possible. We do not guarantee this service, and it will be determined by our sole discretion.
2 If you are a Transport Provider you hereby agree that the Website is for the arrangement and completion of each individual delivery and nothing more.
3 The Customer assumes all responsibility for their choice of Transport Provider. The Website provides as much information about Transport Providers as possible in order to allow Customers to make an informed decision. We always recommend Customers to use verified Couriers, but we do not accept any responsibility for any courier whether recommended or otherwise.
4 Featured Listing are a completely optional service offered by the Website. This does not in any way guarantee your Listing will receive more exposure, nor a better price. It also does not guarantee that your listing will be available to all appropriate Transport Providers. 5 We do not guarantee that any of the features we offer maintain any accuracy, nor do we guarantee permanent access to these features.
GENERAL DISCLAIMER
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 Customer, Transport Provider or Verified Transport Provider (as defined hereafter) or the Listing, whether as to quality, quantity, delivery or price.
2 Whilst we do ask Transport providers for all of their information, and we try to ensure it is up to date and accurate, we do not offer any guarantee as to the accuracy of this information nor do we agree to be responsible for updating information about our Transport Providers.
3 In the event of the Website receiving forged documents we accept no responsibility for any loss, inconvenience or other effect resulting from this forgery. Responsibility lies completely with the producer and sender of such documents.
UNLAWFUL TRANSACTIONS
1 Registered Members and Visitors may not use the Website for any unlawful activities. Any Listings or offers made by Transport Providers that are unlawful to deliver, or are unlawful by themselves will be removed from the Website without notice as soon as they are noticed. Any Member who chooses to List unlawful items on the Website will have their membership immediately terminated without notice. However we do not guarantee to remove all such listings within any timeframe.
2 Certain Transactions may be governed by statutory or other regulations and cannot therefore be negotiated freely. It is for the Members to identify and adhere to such regulations.
SHIPPING
1 Any Listing containing dangerous or hazardous materials is not to be listed on the Website. There are regulations which govern over the transportation of these goods and it is the responsibility of the Members to ensure they adhere to this. You may list some hazardous goods on the Website providing you supply the information needed by law and for convenience. We reserve the right to remove such Listings if we believe, or ar contacted to notify us that they are in breach of this.
2 It is the sole responsibility of the members of each Transaction involving hazardous goods to uphold any laws, rules and regulations regarding this. Failing to do so will lead to consequences including (but not exclusive to) criminal penalties. We will always comply with requests from authorities for the purposes of investigating such events. This includes passing information about activity and communications to these authorities. In this circumstance we will always notify all parties involved.
3 As part of our service we provide an estimate of the distance of each delivery. We do not warrant the accuracy of this estimate and do not claim it to be correct or accurate in any way. It is a guide by which to use, however please do let us know if any inaccuracies do take place as this will help us to improve the service for future users. Please also note that this does not take different routes, closures, traffic or any other factors into account.
FEES
1 The Website is free to browse and for the most part is free to use. There are premium services such as featured listings for which we currently charge a small fee per listing. For our Transport Providers there is a fee required for being accepted for Listings.
2 The Fee is only applicable to couriers who are in receipt of funds in respect of a completed Listing and delivery. This is subject to the Website receiving payment either in part or full from the Customer.
3 As a Customer, when you choose to accept a bid from a Transport Provider you have the choice to pay the balance in full or to leave a deposit; the amount of which will vary depending on the shipment total and distance.
4 If you are a Transport Provider you are responsible for collecting and remitting any and all VAT associated with a Transaction. Your offer amount for the Listing is inclusive of VAT. You shall not submit an offer amount excluding VAT and then charge VAT on top of your offer price once your offer has been accepted.
5 We reserve the right to waive or change the basis for the calculation of the Fee at any time.
6 Upcoming are several premium services that the Website will offer to Users of the site. At the point of these services becoming active, any charges will be noted along with the service descriptions in order to separate the claims of free use of the Website's services and the premium, chargeable services.
CANCELLATIONS
1 If a Transaction is cancelled after being accepted, but before any work has commenced then the customer will receive a full refund if requested within 30 days. Inclusive of this up to 45 days total the Customer can receive a refund of the full amount paid to the Website minus any charges incurred by the Website and Find My Courier LLP such as bank charges and fees.
2 Any cancellation is to be arranged between the Customer and the Courier and to receive any funds back the Customer or Courier must;
2a contact the Website to arrange a refund of their funds; or
2b contact Paypal® to arrange a refund of their funds.
3 If there is dispute as to whether funds should be refunded we will make a decision based on any evidence submitted, and will be decided upon using our sole discretion.
4 We take the cancellations of shipments very seriously, and will therefore react very strongly to false or exaggerated evidence submitted with the repercussions including but not limited to complete removal of access to the Website.
FEEDBACK
1 The website cannot recommend or ensure the performance of any of it's Members, we do offer the feedback system that applies to each and every Member of the Website. This feedback aims to give you an accurate picture of the overall performance of both parties in all their previous transactions.
2 The feedback process involves leaving a rating along with a short comment about the performance of the Member. A Members overall feedback score is the average score of the ratings that he or she has received.
3 You accept that when Listing items and bidding on Listings you are likely to receive a feedback comment from the other party. This feedback may not be positive but will always be available to users. You also take responsibility for the content of the feedback you leave, as this may result in repercussions in a legal manner or otherwise. We do not monitor any feedback results and so cannot adapt, change or verify any information within.
4 Whilst feedback in all it's forms is encouraged to improve the levels of service received on the Website, no abuse will be tolerated in feedback. By leaving a feedback comment that we deem to be abusive you may be banned from the Website permanently or temporarily at our sole discretion.
MANIPULATION OF THE FEEDBACK
1 An important aspect of the Website is the ability of Members to leave feedback about each other (whether positive, neutral or negative)
To preserve the integrity of the feedback system, you agree not to:
2 improperly influence in any manner, or cause another to improperly influence in any manner, the feedback of a Member; or
3 post or attempt to post, in any manner or by any means, a feedback review on your own account.
NO ASSOCIATION
1 The Website and Find My Courier LLP are not affiliated or partnered with any of it's Members, Users and Transport providers unless otherwise stated. Claiming so is in breach of our Conditions and will lead to removal from the Website and will be followed up with legal action to the maximum extent allowed by law.
INFORMATION YOU SUPPLY TO US AND THE WEBSITE
1 The information you supply to us must be relevant, accurate, legal and up to date and it is your sole responsibility to ensure this. Ww will send reminders to transport providers when their insurance information, however we do not guarantee to send these reminders.
2 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 things embodied therein for any and all commercial and / or non-commercial purposes.
THE FEE
1 Any bids placed on the Website by Members must be inclusive of all charges. This includes VAT, costs, other expenses and the fee. You may not make any increases to the bid placed following acceptance and this includes but is not limited to adding the fee. 2 You as a Member must not attempt in any way to avoid paying the fee. Any attempts to avoid, reduce or change the fee are strictly forbidden and will result in serious consequences including complete removal of access to the Website.
3 Our prices are as follows and exclude VAT :
| Bid Amount | Our Fee |
|---|---|
| Distance Less Than 30 Miles *regardless of bid price | £3 |
| £1 - £100 | £5 |
| £101 - £200 | £10 |
| £201 - £300 | £20 |
| £301 - £400 | £30 |
| £401 - £500 | £40 |
| £501 - £1000 | £50 |
| £1000+ | £75 |
The FEE will be taken in one of two ways:
As a deposit:
If you do not choose to accept PayPal, when a customer accepts your quote they will leave us the FEE as a 'deposit' and you will collect the remainder of the fee from the customer as your payment for the delivery. Example: You quote £100 for a delivery. Customer accepts your bid and pays FindMyCourier £5. Then you must collect £95 from the customer.
As an invoice following payment in full:
If you choose to accept PayPal payment, customers accepting your bids will be able to pay you in full. In this case, FindMyCourier will invoice you for all full payment FEE's at the end of that week. Failure to pay this fee will result in termination of your account.
REMOVING / REJECTING MEMBERSHIP STATUS
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.
2 Upon rejection or removal of membership you will have the chance to appeal this decision. At this point we will take any information necessary from you and will make a decision based on our sole discretion. Any decision made if any will be final.
CONFIDENTIALITY
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.
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.
NO CONVICTIONS
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. 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.
REVISION OF THE TERMS AND CONDITIONS
We may revise the Conditions at any time by updating this page. You should check the Website from time to time to review the current version of the Conditions because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Website.
Any rights not expressly granted in these terms are reserved.
View Our Privacy policy Here
This Website is operated and owned by:
Find My Courier LLP Reg No. OC347030
54 Harp Island Close
London
NW10 0DT
Revised on 24/11/2009