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When ordering ParcelHero services you, as "Shipper", are agreeing, on your behalf
and on behalf of anyone else with an interest in the shipment that these Terms and
Conditions shall apply from the time that ParcelHero accepts the shipment unless
otherwise agreed in writing by an authorised officer of ParcelHero. Your statutory
rights and entitlements under any defined service feature (for which additional
payment has been made) are not affected.
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"Shipment" and/or ‘Waybill and/or ‘Consignment’ means all documents or parcels that
travel under one waybill and which may be carried by any means ParcelHero chooses,
including air, road or any other carrier. A "waybill" shall include any label produced
by ParcelHero automated systems, air waybill, or consignment note and shall incorporate
these Terms and Conditions. Every Shipment is transported on a limited liability
basis as provided herein. If the Shipper requires greater protection, then insurance
may be arranged at an additional cost. (Please see below for further information).
"ParcelHero" means any member of the ParcelHero Network, including suppliers and
sub-contractors.
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1. Introduction
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This is the current version as at the date of publication of this Guide, shown at
the base of this printed document. The latest version, which shall always be the
applicable one for new shipments, may be found at www.ParcelHero.com or obtained
from a ParcelHero.com Office. ParcelHero.com Limited can be contacted at their UK
Registered address at: 1 Spruce House, Durham Wharf Drive, Brentford, TW8 8HR, United
Kingdom.
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These terms and conditions (referred to as “The conditions” in this document) sets
out the terms on which ParcelHero.com Limited will transport packages within the
UK and Worldwide. These conditions are supplemented by the shipping and support
pages found at
www.ParcelHero.comThese guidelines contain important details about the
services of ParcelHero.com limited, which the shipper should read and which form
part of the agreement between ParcelHero.com and ‘the shipper’ These conditions
apply to all contracts between ParcelHero.com Limited (without limitation whether
goods are delivered within the UK or worldwide”) and customers (business and consumer
customers) for delivery and/or collection services from ParcelHero.com Limited and
or its authorised agents, franchisees and/or subcontractors (the “Services”). By
placing an order (and each successive order) which is accepted by ParcelHero.com
Limited for Services, you are agreeing to comply with all of the provisions contained
within these Conditions which apply to Customers, and you acknowledge that you are
entering into a contract governed by these Conditions.
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A) If the Shipment is transported by air and
involves an ultimate destination or stop in a country other than the country of
departure, the Warsaw Convention ("Warsaw"), if applicable, governs and in most
cases limits ParcelHero.com’s liability for loss or damage.
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B) A shipment may be carried via any intermediate
stopping places that ParcelHero.com deems appropriate. ParcelHero.com will engage
sub-contractors to perform services and contracts both on its behalf and on behalf
of its servants, agents and sub-contractors each of whom will have the benefit of
these conditions.
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2. Scope of service
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Unless any special services are agreed, the service provided by ParcelHero.com is
limited to the pick-up, transportation, customs clearance and delivery of the shipment.
The shipper acknowledges that shipments will be consolidated with those of other
shippers for transport and that ParcelHero.com limited may not monitor the inbound
and outbound movement of individual shipments to all handling centres.
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ParcelHero.com is not a common carrier and reserves the right in its absolute discretion
to refuse carriage to any package tendered for transportation.
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3. Conditions of Carriage
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This section sets out various restrictions and conditions which limit and govern
the extent of the service ParcelHero.com offers. It also explains what the consequences
are of the shipper presenting packages for carriage which do not meet these requirements.
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The express terms, conditions and warranties in these Conditions are in lieu of
all warranties, conditions, terms, representations, statements, undertakings and
obligations whether express or implied by statute, common law, custom, usage or
otherwise all of which are hereby excluded to the fullest extent permitted by law.
The parties hereby confirm that they have not relied upon any representations, communications
or other matters which have not been expressly stated in these Conditions. Notwithstanding
any provision to the contrary, nothing in these Conditions limits or excludes either
party’s liability for fraudulent misrepresentations.
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3.1 Prohibited articles and unacceptable shipments
The Shipper agrees that its Shipment is acceptable for transportation
and is deemed unacceptable if:-
- The goods are listed in the ParcelHero.com prohibited articles list, which can be
found at this link:
Prohibited articles
- it is classified as hazardous material, dangerous goods, prohibited or restricted
articles by IATA (International Air Transport Association), ICAO (International
Civil Aviation Organisation), any applicable government department or other relevant
organisation;
- no customs declaration is made when required by applicable customs regulations;
or
- ParcelHero.com Limited decides it cannot transport an item safely or legally (such
items include but are not limited to: animals, bullion, currency, bearer form negotiable
instruments, precious metals and stones, firearms, parts thereof and ammunition,
human remains, pornography and illegal narcotics/drugs).
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Packages must not contain goods which might endanger human
or animal life or any means of transportation, or which might otherwise taint or
damage other goods being transported by ParcelHero.com Limited, or the carriage,
export or import of which is prohibited by applicable law.
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The shipper further declares that all packages presented
for carriage under these terms have been prepared in secure premises, by the shipper
(in the case of an individual shipper) Or by reliable staff employed by the shipper
and have been protected against unauthorised interference during their preparation,
storage and/or transportation to ParcelHero.com Limited.
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3.2 Inspection
ParcelHero.com has the right to, but is not obliged, to
open and inspect, or x-ray any shipment without prior notice to Shipper.
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3.3 Service Restrictions and Conditions
ParcelHero.com Limited does not offer carriage of packages
which do not comply with the restrictions in paragraphs (i) to (ii) below.
(i) Packages must not weigh more
than 1000 kilograms (or 2204 lbs) or exceed 350 centimeters in length, the second
longest side must not exceed 150 cm; unless agreed prior to collection and confirmed
in writing with the local ParcelHero.com Office. Furthermore any packages exceeding
50 kg in weight, 270 cm in length or 330 cm in length and girth combined are not
covered under the ‘money back guarantee’ and must be booked 24 hours in advance
of shipping.
(ii) The value of any consignment
may not exceed the local currency equivalent of GBP £5,000 unless agreed prior to
collection and confirmed in writing with the local ParcelHero.com Office. In addition
the value of any jewellery or watches, including costume jewellery or costume watches,
in a package shall not exceed the local currency equivalent of GBP £300.
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The shipper shall be responsible for the accuracy and completeness
of the particulars inserted in the Waybill and for ensuring that all packages set
out adequate contact details for the shipper and receiver of the package and that
they are so packed, marked and labeled, their contents so described and classified
and are accompanied by such documentation as may (in each case) be necessary to
make them suitable for transportation and to comply with the requirements set out
at www.ParcelHero.com
and applicable law. Unless a different service level is clearly selected on the
Waybill or other applicable ParcelHero.com Limited shipping documentation, shipments
will be carried under the "Express" service (where available to the selected destination)
and all applicable charges will be calculated accordingly.
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3.4 Deliveries, undeliverable shipments and suspension
of carriage
ParcelHero.com may also suspend carriage if it cannot effect
Delivery at the third attempt, if the receiver refuses to accept delivery, if it
is unable to effect delivery because of an incorrect address (having used all reasonable
means to find the correct address) or because the correct address is found to be
in another country from that set out on the package or Waybill or if it cannot collect
amounts due from the receiver on delivery.
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Where ParcelHero.com is entitled to suspend carriage of
a package or shipment, it is also entitled to return it to the shipper at its own
discretion.
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Shipments cannot be delivered to PO boxes. Shipments are
delivered to the receiver’s address given by shipper but not necessarily to the
named receiver personally, ParcelHero.com Limited may deliver to any other person
appearing to have authority to accept delivery of the shipment on the receiver's
behalf (such as persons at the same premises as the receiver or neighbours of the
receiver) Shipments to addresses with a central receiving area will be delivered
to that area. ParcelHero.com Limited may use an electronic device to obtain proof
of Deliver and the shipper agrees that it will not object to ParcelHero.com Limited
relying on a printed copy of this as evidence merely on the grounds that the information
concerned is obtained and stored in electronic form.
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If the receiver refuses delivery or to pay for delivery,
or the shipment is deemed to be unacceptable, or it has been undervalued for customs
purposes, or the receiver cannot be reasonably identified or located, ParcelHero.com
shall use reasonable efforts to return the shipment to the Shipper at the Shipper’s
cost, failing which the Shipment may be released, disposed of or sold by ParcelHero.com
Limited without incurring any liability whatsoever to the shipper or anyone else,
with the proceeds applied against service charges and related administrative costs
and the balance of the proceeds of a sale to be returned to the shipper.
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Save where Convention Rules or other mandatory national
laws require otherwise, ParcelHero.com Limited accepts no responsibility in any
circumstances to suspend carriage, redirect, deliver (whether to a different receiver
or address from that named on the Waybill) or return a package to its shipper and,
in the event that it should attempt but fail to do so, shall have no liability for
any losses thereby occasioned.
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If ParcelHero.com Limited is unable to start or continue
with carriage of the shipper's package for a reason beyond its control, ParcelHero.com
Limited will not be in breach of its agreement with the shipper but will take all
steps that are reasonably practicable in the circumstances to commence or continue
the carriage. Examples of events beyond ParcelHero.com Limited control are disruption
to air or ground transportation due to bad weather, fire, flood, war, hostilities,
civil disturbance, acts of government or other authorities (including, without limitation,
customs) and labour disputes or obligations affecting ParcelHero.com Limited or
some other party, but not limited to such examples..
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3.5 Shippers Costs & Losses
The shipper will be responsible for the reasonable costs
and expenses of ParcelHero.com Limited (including storage), for such losses, taxes
and customs duties as ParcelHero.com Limited may suffer and for all claims made
against ParcelHero.com Limited because a package does not meet any of the restrictions,
conditions or representations in paragraph 3.1 and 3.3 above or because of any refusal
or suspension of carriage or return of a package or shipment by ParcelHero.com Limited
which is allowed by this paragraph 3. In the case of the return of a package or
shipment, the shipper will also be responsible for paying return transport charges
calculated in accordance with the prevailing commercial rates of ParcelHero.com
Limited.
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ParcelHero.com Limited will not meet any losses which the
shipper may suffer arising out of ParcelHero.com Limited carrying packages which
do not meet the restrictions or conditions set out in paragraph 3.1 and 3.3 above
and, if ParcelHero.com Limited does suspend carriage for a reason allowed by these
terms, the shipper shall not be entitled to any refund on the carriage charges it
has paid.
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3.6 Perishable and temperature sensitive goods
Such shipments will be transported provided that the shipper
accepts that this is at its risk. ParcelHero.com Limited does not provide special
handling for such packages.
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4. Customs, Exports and Imports
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ParcelHero.com Limited may perform any of the following activities on the shipper’s
behalf in order to provide its services to the shipper: (1) complete any documents,
amend product or service codes, and pay any duties or taxes required under applicable
laws and regulations, (2) act as shipper’s forwarding agent for customs and export
control purposes and as the receiver solely for the purpose of designating a customs
broker to perform customs clearance and entry and (3) redirect the shipment to receiver’s
import broker or other address upon request by any person who ParcelHero.com Limited
believes in its reasonable opinion to be authorised.
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If any duties, taxes, penalties, charges or expenses are imposed or incurred as
a result of any action by the customs authorities or as a result of any failure
by the shipper or the receiver to provide correct documentation or any permits or
licenses required in connection with carriage, the receiver will initially be charged
by ParcelHero.com Limited with payment and, if ParcelHero.com Limited cannot collect
payment from the receiver on request, it will be the shipper's responsibility to
pay to ParcelHero.com Limited the amount in question.
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5. Shipment Charges & Billing
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ParcelHero.com Limited’s Shipment charges are calculated according to the higher
of actual or volumetric weight and any shipment may be re-weighed and re-measured
by ParcelHero.com Limited to confirm this calculation. Shipper shall pay or reimburse
ParcelHero.com Limited for all shipment charges, storage charges, duties and taxes
owed for services provided ParcelHero.com Limited or incurred by ParcelHero.com
Limited on shipper’s or receiver’s or any third party’s behalf and all claims, damages,
fines and expenses incurred if the shipment is deemed unacceptable for transport
as described in Section 3.1 and 3.3. If the shipper does not declare the correct
weight or dimensions, or enters other inaccurate information at the time of shipping,
then additional charges may be applied to the shipment after collection. In such
circumstances ParcelHero.com Limited reserves the right to debit the card used to
pay for the original shipment, with any applicable ‘adjustment charges’ in an addition
to an administration charge as detailed in the ParcelHero.com surcharges, the most
copy of which is published at all times on the ParcelHero.com website.
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6. Payment
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6.1 If ParcelHero.com Limited is required to pay any
taxes, duties or levies on behalf of the shipper, receiver or some other party,
and ParcelHero.com Limited is unable to recover such amount on request from the
relevant person, that amount will be payable by the shipper on demand. This also
applies in cases where the receiver or, in the case of third party billing, the
third party fails to pay any charges which they are due to pay.
6.2 Any sum payable to ParcelHero.com Limited which
is overdue, according to sections 4 and 5 above, will at the discretion of ParcelHero.com
Limited bear interest at the rate of 4% above the UK Base Rate as recorded by NatWest
Bank plc (UK) calculated on a daily basis from the due date (as shown on the invoice)
to the date ParcelHero.com Limited receives cleared funds in payment whether before
or after judgment. In addition, ParcelHero.com Limited reserves the right to charge
a late payment administration fee up to a maximum of £60.
6.2 If any sum is not paid by the shipper, receiver
or some other party under these terms, ParcelHero.com Limited may hold any packages
it is carrying until it receives payment in full or may sell such packages and use
the proceeds to make good the debt to it in accordance with applicable local law.
Any unpaid balance will remain payable.
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7. Money Back Guarantee
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For certain services and destinations, ParcelHero.com Limited offers a money back
guarantee on the shipping charges. Details of its applicability, terms and conditions
and of the corresponding delivery and latest pick up time for the relevant service
and destination are as set out on the ParcelHero.com Limited website (www.ParcelHero.com),
each as current at the time the goods are accepted for carriage, and can also be
confirmed by contacting the shipper's local ParcelHero.com Limited call centre.
Were the money back guarantee is not available, the shipper has the option upgrade
to a money back guarantee, under these same terms. For the avoidance of doubt, the
liability of ParcelHero.com Limited under the money back guarantee is limited to
the above and the guarantee does not otherwise constitute any form of undertaking
or representation that the shipment will arrive by any particular time.
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8. Liability
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ParcelHero.com Limited contracts with the shipper on the basis that ParcelHero.com
Limited’s liability is strictly limited to direct loss only and to the per kilo/Ib
limits in this Section 8. All other types of loss or damage are excluded (including
but not limited to lost profits, income, interest, future business), whether such
loss or damage is special or indirect, and even if the risk of such loss or damage
was brought to ParcelHero.com Limited’s attention before or after acceptance of
the Shipment since special risks can be insured by Shipper. If a Shipment combines
carriage by air, road or other mode of transport, it shall be presumed that any
loss or damage occurred during the air period of such carriage unless proven otherwise.
ParcelHero.com Limited’s liability in respect of any one Shipment transported, without
prejudice to Sections 9. is limited to its actual cash value and shall not exceed
the greater of £50 or:
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8.1 Where the Warsaw or CMR Conventions or any national laws implementing or adopting
these conventions apply (for convenience referred to as Convention Rules) or where
(and to the extent that) other mandatory national law applies, the liability of
ParcelHero.com Limited is governed by and will be limited according to the applicable
rules.
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8.2 Where Convention Rules or other mandatory national laws do not apply, ParcelHero.com
Limited will only be liable for failure to act with reasonable care and skill and
its liability shall be exclusively governed by these terms and (save in the case
of personal injury or death) limited to proven damages not exceeding the greater
of either:
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 (a) £50 per shipment in the case of goods presented in the
UK to ParcelHero.com Limited for carriage or
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 (b) 8.33 Special Drawing Rights ("SDRs") per kilo of the
goods affected, unless a higher value has been declared by the shipper under paragraph
9.4 below. An SDR is a unit of account adopted by the International Monetary Fund
and its current value is regularly published in major financial newspapers. As at
the date of publication of these terms 8.33 SDRs was equal to approximately £7.
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8.3 If the claimant (or any person from whom he derives his right to claim) has
caused or contributed to any loss, damage or delay to a shipment or package, any
liability ParcelHero.com Limited may incur in respect thereof (limited as above)
may be reduced or extinguished in accordance with the law applicable to such contributory
negligence.
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8.4 Subject to the provisions of paragraph 8.5, the shipper may obtain the benefit
of a greater limit of liability than ParcelHero.com Limited provides under paragraph
8.2 above or than may be provided by Convention Rules or other mandatory national
law. The shipper may do so by declaring a higher value on the Waybill and paying
an additional charge as stated at www.ParcelHero.com. If the shipper declares a
higher value for carriage and pays the applicable charge, then ParcelHero.com Limited's
liability shall be limited to proven damages not exceeding the sum so declared.
The value of the goods concerned shall not in any event exceed the limits specified
in paragraph 3.3(ii).
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8.5 Save where Convention Rules or other mandatory national laws require otherwise,
ParcelHero.com Limited does not accept responsibility for purely economic losses,
such as the costs of any alternative means of transport, loss of profits, loss of
business opportunities or loss of revenue resulting from loss of use, arising from
any loss of or damage or delay to a shipment or package, whether or not a value
has been declared in respect of the relevant shipment under paragraph 8.4. ParcelHero.com
Limited shall not be liable for any damage to or loss of any packaging.
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Claims are limited to one claim per shipment settlement of which will be full and
final settlement for all loss or damage in connection therewith.
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Void claims:
Claims will be deemed to be void if:
In the case of damaged goods, if the receiver has not signed for goods as damaged,
any claim will be rendered void.
If the packaging has no signs of damage but the goods inside are damaged, the packaging
shall be deemed to be inadequate for the goods being transported.
Were the goods have been unpacked from their original package or moved to another
location prior to a damage inspection taking place.
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9. Claims Procedure
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All claims against ParcelHero.com Limited must be notified in writing as soon as
reasonably practicable and in any event within 7 days of receipt in the case of
damage (including partial loss of a shipment), in the case of delay within 14 days
of the goods being placed at the disposal of the person entitled to deliver and
in the case of loss within 14 days of the goods being consigned with ParcelHero.com
Limited for carriage. In addition, ParcelHero.com Limited will have no liability
in connection with any shipment unless legal proceedings are brought and written
notice of them is given to it within eight months after Delivery of the goods concerned
or, in the case of non-delivery, within eight months from the scheduled date for
Deliver. This term shall not affect any rights the shipper may have under Convention
Rules or other mandatory national laws.
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10. Shipper’s Warranties and Indemnity
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Shipper shall indemnify and hold ParcelHero.com Limited harmless for any loss or
damage arising out of Shipper’s failure to comply with any applicable laws or regulations
and for Shipper’s breach of the following warranties and representations:-
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- All information provided by Shipper or its representatives is complete and accurate;
- The Shipment was prepared in secure premises by Shipper’s employees;
- Shipper employed reliable staff to prepare the Shipment;
- Shipper protected the Shipment against unauthorised interference during preparation,
storage and transportation to ParcelHero.com Limited;
- The Shipment is properly marked and addressed and packed to ensure safe transportation
with ordinary care in handling;
- All applicable customs, import, export and other laws and regulations have been
complied with; and
- The waybill has been signed by Shipper’s authorised representative and the Terms
and Conditions constitute binding and enforceable obligations of Shipper.
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11. Routing
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Shipper agrees to all routing and diversion, including the possibility that the
Shipment may be carried via intermediate stopping places.
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12. Governing Law
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Any dispute arising under or in any way connected with these Terms and Conditions
shall be subject, for the benefit of ParcelHero.com Limited, to the non-exclusive
jurisdiction of the courts of, and governed by the law of, the country of origin
of the shipment and shipper irrevocably submits to such jurisdiction, unless contrary
to applicable law.
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13. Severability
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The invalidity or unenforceability of any provision shall not affect any other part
of these Terms and Conditions.
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14. Data Protection
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The shipper agrees that ParcelHero.com Limited and other companies in the ParcelHero.com
Limited group of companies worldwide, including companies in countries which may
not have the same level of data protection as the country where the shipment is
presented to ParcelHero.com Limited for carriage, may use any data provided by the
shipper to ParcelHero.com Limited for management analysis and monitoring, the purchase
and supply of customer materials, administration of customer accounts and the advertising
of services and products provided by ParcelHero.com Limited companies. The shipper
has certain rights under the law (exercisable by contacting ParcelHero.com Limited)
to have access to, rectify, object to the use for direct marketing of, or delete
personal data held by ParcelHero.com Limited about it.
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15. Entire Agreement & Severability
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It is the intention of ParcelHero.com Limited that all the terms of the contract
between it and the shipper are contained in this document and at www.ParcelHero.com. If the shipper
wishes to rely on any variation to these terms, it must ensure that that is recorded
in writing and signed by the shipper and on behalf of ParcelHero.com Limited before
the shipment is accepted for carriage by ParcelHero.com Limited. If any part of
these terms is not enforceable, this will not affect the enforceability of any other
part.
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