The definitions to be read with these Service Terms are set out in full at Clause 32.
If PH is unable to perform any obligation under this Agreement as planned due to a Force Majeure Event defined as ‘acts, events, omissions or accidents beyond its reasonable control, including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of PH, the PH Network or any other party), and (including being prevented from collecting, delivering, custom clearing Consignments) failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, adverse weather conditions or default of PHs, consultants or Sub-Contractors’, PH’s failure to perform that obligation shall not constitute a breach or default under this Agreement. PH will notify Customer once performance of its obligations under this Agreement is no longer prevented due to the Force Majeure Event. If the Force Majeure Event continues for a period in excess of thirty (30) days, either party may cancel the Order and terminate this Agreement provided such Force Majeure Event is continuing at the date of termination. In such circumstances, We shall arrange to return Your Consignment to You at the Collection Point as soon as reasonably practicable and at Your sole cost and expense.
In addition, the Charges incurred in respect of the carriage of the Items shall be refunded in full in the case of total loss and in proportion to the loss sustained in the case of partial loss, but no further damages shall be payable.
(NOTE: An SDR is a unit of account adopted by the international Monetary Fund. The amounts mentioned in this Clause shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the court seized of the case. The value fluctuates, at the time of publication of these Service Terms, 1 SDR was equal to approximately 95 pence GBP).
For the avoidance of doubt, the reference to ‘agreed time limit’ in Clauses 14.7(a) and (b) are intended by PH to solely mean a PH Service which is either a Timed Delivery or one supported by a PREMIUM MBG.
With the exception of UGC submitted to the Site by You, all other content and the selection and arrangement of such content on the Site is either owned by or licensed to PH (‘Content’), and is subject to copyright, trade mark rights, and other intellectual property rights of PH and PH’s licensors. Such Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Content not uploaded or posted by You are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of PH or, where applicable, PH’s licensors. PH and its licensors reserve all rights not expressly granted in and to their Content.
We will terminate the privileges of any PH Member who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, PH Members who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the PH Member that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing PH Member’s rights to use and/or access this Site.
Subject to the following stated restrictions, PH grants You permission by way of a licence to access and use the Site and the Interactive Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for the use for which they were intended. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of this licence on Your part. You agree:
The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site that:
PH does not warrant the validity and accuracy of information on the Site or the Interactive Services or that the Site is kept up-to-date. The Site and its content and the Interactive Services are delivered on an ‘as-is’ and ‘as-available’ basis. PH shall use reasonable endeavours to ensure that the Site, the Interactive Services and any information it holds on You are kept secure. However, due to the nature of the internet, PH does not represent or warrant to You that:
The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and PH does not endorse such sites or accept any responsibility for the content of such sites and cannot therefore guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another site, You agree and understand that You may not make any claim against PH for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another site. PH advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit.
This Licence shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without PH’s prior written consent. PH reserves the right to assign or transfer all or any of its rights and obligations under this Licence to any companies in the same group as PH or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
Failure by either PH or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
You may enforce the terms of this Licence in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, this Licence does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
All of the terms in this Licence are governed by English Law and any disputes arising in relation to this Licence and/or the Site are subject to the exclusive jurisdiction of the English Courts.
In this Licence (except where the context otherwise requires) the following words shall have the following meanings:
Additional Surcharge: refers to an extra charge over and above the Order Price which may be added on subsequent to the online Order completion e.g. larger Consignment costs or discrepancies (Clauses 7.4 and 7.5); taxes/ penalties (Clause 9.3); storage, disposal or return carriage costs of Undeliverable Consignments (Clause 10.10).
Air Services: refers to one of the PH Services.
Alternative Address: means that referred to in Clause 10.4(b).
AWB: Air Way Bill.
Base Order Price: refers to the Order Price prior to any Surcharges (or Additional Surcharges) being added.
Calling Card: refers to the contact card that is left by PH at the intended Delivery Point which shall contain sufficient details to enable Consignee to recover the Consignment from a Substitute Delivery Point or to re-arrange delivery.
Charges: means the prices for the complete supply of PH Services as stipulated on the Site including the Base Order Price, the Order Price, Surcharges and any Additional Surcharges.
Claim: refers to a claim that can be made by Customer if a Consignment is lost, damaged or delayed in accordance with these Service Terms.
Claim Date: refers to the date from which the time for the Claim shall run i.e. date the Claim is submitted to PH for the purpose of meeting the Claim Time Limit for making a Claim.
Claim Time Limit: refers to the time within which a Claim for loss or damage should be made as set out in Clause 18.3.
Codes of Practice: refers to all legal and regulatory codes (including for these purposes ancillary rules of procedure, guidance notes, directions, policies and advice) published by regulatory authorities or other industry professional bodies including without limitation the Advertising Standards Authority (specifically, the 12th edition of the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code)), Trading Standards, the Office of Fair Trading, the Direct Marketing Association, the Information Commissioners Office, DBERR and other Trade Bodies, to be construed as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof.
Collection Point: refers to the place where the Consignment is collected.
Complaint: means any dissatisfaction expressed by a PH Member as against PH in connection with the provision of the Interactive Services.
Consignee: means the person to whom the Label on the Parcel is addressed i.e. the recipient who may also be the Customer.
Consignment: refers to one or more Packages making up an Order.
Consignment Receipt: refers to the receipt sent to You in the Acknowledgement of Order.
Consignor: means the person from whom the Consignment is collected at the Collection Point.
Contact Us: means contacting us by email on firstname.lastname@example.org, letter at our registered address or PH Live Help which is available from our Site.
Contact Us In Writing: means contacting us by email on email@example.com or letter at our registered address of Kemp House, 160 City Road, London, EC1V 2NX.
Convention Rules: relates to the Warsaw Convention as amended 1955, that Convention as further amended by Protocol No. 4 of Montreal, 1975, the Montreal Convention 1999, the Convention on the International Carriage of Goods by Road 1956 and the Hague Rules as amended by the Brussels Protocol 1968 as applicable and as given effect to, and incorporated in to UK law in the Carriage by Air Act 1961, the Carriage of Goods by Road Act 1965 and the Carriage of Goods by Sea Act 1971 so far as they relate to the rights and liabilities of persons concerned in the carriage of goods by air, road and sea to be construed as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof.
Correctly Packaged: refers to the requirement that Packages are packaged in accordance with the Labelling and Packaging Criteria in order for them to be eligible for carriage.
Credit Term: refers to the term of credit granted and applied to a PH Credit Account.
Customer (or ‘You’): means the individual or business (Consignor or Consignee) who places an Order on the Site for the Interactive Services and ‘Your’ shall be construed accordingly.
Data Protection Legislation: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Delivery Confirmation: refers to the email PH sends to Customer to confirm that delivery has taken place at the Delivery Point.
Delivery Point: refers to the place where the Consignment is delivered.
Economy Delivery: refers to one of the PH Services.
Enhanced Cover: refers to a PH Optional Service referred to at Clause 17.
Excluded Item(s): refers to those Items that will not be compensated by PH which are described as such, or described under the heading “Compensation Exclusions” on the Site and as referred to at Clause 7.
Excluded Item Exception: refers to the exception to the general rule that PH do NOT provide any compensation in respect of Excluded Items that may be lost or damaged.
Express Delivery: refers to one of the PH Services.
Freight Services: refers to one of the PH Services.
Historical Consignment Information: means historical information that can be retrieved by a PH Member in their PH Account.
Import Services: refers to one of the PH Services.
Inappropriate Content: means any material of any nature which is or which contains material which: (a) is in contravention of any law, statute, regulation, directive and/or subordinate legislation; and/or (b) is defamatory, libellous, obscene, unlawful or which would, if published, be in contempt of court; and/or (c) material which infringes the Intellectual Property Rights of a third party; and/or (d) is a Virus.
Intellectual Property Rights: database rights, patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Interactive Services: includes the provision by PH of an online platform whereupon inter alia, Customers can avail of one or more of the PH Services set out in Clause 2.
International Monetary Fund: http://www.imf.org/external/
Item(s): means any item which is not a Prohibited Item i.e. the goods in the Package.
Label: means a label that the Customer has printed off from the PH Site, which includes details of the Consignee plus a barcode to identify the Package.
Legislation: all applicable laws, Acts of Parliament and Treaties and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law relating to this industry and off and online activity (including where applicable, technologically neutral legislation) including but not limited to the Employment Agencies Act 1973; the Employment Rights Act 1996; various Employment Acts; the Electronic Commerce (EC Directive) Regulations 2002; the Provision of Services Regulations (2009); Consumer Protection (Distance Selling) Regulations 2000; the Unfair Terms in Consumer Contracts Regulations 1999; the Consumer Protection from Unfair Trading Regulations (2008); the Business Protection from Misleading Marketing Regulations (2008); the Conduct of Employment Agencies and Employment Business Regulations 2003 and laws of contempt of court, obscenity, racial hatred and defamation, to be construed as including references to any amendment, modification, consolidation or re-enactment for the time being in force.
Labelling and Packaging Criteria: refers to everything relating to the Packaging as set out at Clause 7.
Location: means that referred to in Clause 10.4(c).
Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Next Day UK Delivery: refers to one of the PH Services.
Order: means a Customer's request for one or more of the Interactive Services.
Order Acknowledgment: refers to the email received confirming receipt of the Order (but not acceptance of the Order).
Order Price: refers to the Base Order Price and any Surcharges added throughout the purchase process.
Package: means any Item or Items that are Correctly Packaged and have a Label attached. A Package includes but is not limited to an envelope and a parcel.
Packaging: may refer to the exterior and/ or interior packaging materials as the context permits.
Palletised Item(s): refers to Items packaged on pallets.
Payment Processing Fee: per transaction processing fee charged to Customer for the processing of Charges.
Personal Data: as defined in the Data Protection Legislation.
PH (or ‘We’ or ‘Us’ or ‘Our’ or ‘Ourselves’): means Parcelhero.com Limited and includes Our servants, agents, and any person or persons issuing PH Documentation and all carriers that carry or undertake to carry a Consignment or perform any other services related to such carriage under these Service Terms including Sub-Contractors.
PH Account: means the secure account created upon registration from where a PH Member can access the Interactive Services via their PH Login.
PH Bonus: refers to a bonus You can earn e.g. if You make a Top-Up Payment of one hundred pounds (£100.00) or more, We automatically add £5.00 to Your PH Account balance. This is limited to once a month.
PH Credit: refers to the PH Account balance which may be made up of Top-Up Payments and any PH Bonus.
PH Credit Account: refers to the account that a business may be permitted to have with an applicable Credit Term.
PH Depot: refers to a postal depot local or otherwise and either owned, managed or used by PH to effect the PH Services.
PH Discount(s): refers to discounts earned from the collection of PH Points which are made available to You when ordering PH Services as may be amended (or withdrawn) by PH from time to time
PH Discussion Forum: refers to the public online discussion forum available on the Site for PH Members.
PH Documentation: shall include but shall not be limited to any Consignment Receipt, Order Acknowledgement, Label, customs documentation, Waybill and any other documentation relating to the Order.
PH Label Service: refers to a PH Optional Service to have PH bring Your pre-printed Label to the Collection Point.
PH Lien: as set out at Clause 12.13(f).
PH Live Help: refers to the help functionality available on the Site in real time.
PH Login: refers to the username and unique password a registered PH Member uses to access their PH Account.
PH Member(s): refers to a registered User who has valid PH Membership.
PH Member Profile: refers to the Registration Information and any other information retained in a PH Member’s PH Account which may be used by PH or the PH Member in order to make use of the Interactive Services including placing an Order.
PH Membership: refers to the membership required to avail of the Interactive Services generally.
PH Membership Level: as set out on the Site here.
PH Network: refers to PH’s employees, agents and any other company or person employed to carry out services on behalf of PH such as third party logistics companies with whom PH has an affiliate relationship with on a sub-contracting basis.
PH Optional Services: means all those PH Services that are optional on the Site including upgrades e.g. PREMIUM MBG, Enhanced Cover.
PH Points: refers to the points You can collect in respect of how many domestic or international Consignments You send in each three (3) month period which then translates in to the PH Discount in accordance with the PH Membership Level You have.
PH Quote(s): refers to the quote tendered by PH.
PH Registration Form: refers to the online registration form required to be filled in by a User to complete PH Membership.
PH Services: includes 'Sameday Delivery'; Next Day UK Delivery; Express Delivery; Economy Delivery; Timed Delivery; Import Services; Freight Services; Air Services and any upgrades such as PREMIUM MBG and any other service that PH may provide from time to time.
PH Tools: refers to those tools located at http://www.parcelhero.com/en-gb/support/tools including the ‘volumetric weight calculator’, the ‘world clock’, the ‘PH Live Help’, the ‘Enhanced Cover calculator’ and the ‘commodity code’ search tool.
PH Tracking Service: means a facility which enables a Customer to track the location of an Item at any given time.
POD: refers to a ‘proof of delivery’ any may only be available in respect of certain PH Services.
PREMIUM MBG: one of the PH Optional Services set out at Clause 15.
Prohibited Item(s): refers to those items which cannot be sent using the PH Services as identified on the Site (as may be updated from time to time) including those items defined as dangerous or hazardous by regulatory bodies governing transport by road, rail, sea or air in any legislation, regulations or guidelines which are unlawful to be carried.
Refund Window: means the time period referred to in Clause 13.3.
Sameday Delivery: refers to one of the PH Services.
‘SDRs’ or ‘Special Drawing Rights’: a unit of account as adopted by and as defined by the International Monetary Fund.
Site: means a website owned and operated by PH including www.parcelhero.com
Sub-Contractors: refers to those businesses who are part of the Partner Network.
Substitute Delivery Point: as set out in Clause 10.4.
Surcharges: refers to any individual costs added to the Base Order Price to make up the Order Price during the placing of the Order.
Timed Delivery: refers to one of the PH Services.
Top-Up Payment: refers to the pre-payment of funds that Customer can make to their PH Account in order to have PH Credit ready to be applied upon placing an Order for PH Services.
Tracking Number: refers to the AWB number on each Package (i.e. the Airway Bill number).
UGC: means content provided/ generated by a PH Member, uploaded, embedded or otherwise displayed and/ or stored on the Site which may include but are not limited to PH Member Mark(s), text, articles, images, Listings, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features (including PH Member Profiles) and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for use by PH, PH Members and Visitors where applicable.
Undeliverable Consignment: means a Consignment that is undeliverable for any reason including by virtue of it constituting a Prohibited Item or by virtue of it not having been capable of being delivered as set out in Clause 10.9 (not including a Consignment that is undeliverable due to negligence on the part of PH).
User(s): means a non-registered Visitor and/ or a registered PH Member as the case may be.
Valid Address: means that the address submitted by Customer representing either the Collection Point or Delivery Point must be the full and valid address including the full post-code or other similar code applicable in the country.
VAT: means value added tax chargeable under English law for the time being and any similar additional tax.
Visitor: refers to the person who visits the Site but does not register to become a PH Member.
Working Day: means any day which is not a Saturday or Sunday and which the banks are open for business in the UK.
Working Hours: Monday to Friday 7am – 5pm during Working Days.