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Terms
and Conditions of Use of Courierlink.Net
1
Our contract
By using or subscribing to our site you enter into a binding contract
with us on the following terms and conditions.
2 A UK business service only
2.1 Our site is directed exclusively at commercial enterprises
in the United Kingdom.
2.2 You represent to us and to all suppliers of goods and
services through our site that all purchases made by you through
our site will be made for purposes integral to your business and
will be within the scope of your authority to conclude contracts
on behalf of your business.
3 Our promises
3.1 We will permit you to access, use and interact with our
site subject to these terms and conditions.
3.2 We will:
3.2.1 exercise reasonable care in compiling our site;
3.2.2 use reasonable efforts to make our site available to
you at all times; and
3.2.3 take the steps set out in our privacy policy to endeavour
to secure any personal data and credit card information you give
us.
4
Exclusions and limitations
4.1 We do not represent or warrant that access to our site,
or any part of it will be uninterrupted, reliable or fault free.
4.2 We do not represent or warrant to you that our site or
any of its contents will be accurate, complete or reliable.
4.3 We do not represent or warrant that:
4.3.1 any services (whether or not provided by us) will be
provided with due care and skill; or
4.3.2 any goods (whether or not provided by us) will be of
merchantable quality or will be fit for any purpose (even if that
purpose has been previously notified to us).
4.4 To the extent permitted by law, we exclude all liability
(whether arising in contract, tort or otherwise and whether or not
due to our negligence) which we may otherwise have to you as a result
of:
4.4.1 any technical, factual, textual or typographical inaccuracies,
errors or omissions on or relating to our site or any information
on our site;
4.4.2 the unavailability of our site (or any part of it),
goods or services;
4.4.3 any delay in providing, or failure to provide or make
available, goods or services or any negligent provision of goods
or services;
4.4.4 any goods not being of merchantable quality or fit
for their intended purpose; or
4.4.5 any misrepresentation on or relating to our site, the
goods or the services (other than a fraudulent misrepresentation
made by us or on our behalf).
4.5 Our maximum liability to your business in respect of
your use of our site or any services we provide or make available
to you through or in relation to our site will be the amount of
any subscription fees paid on behalf of your business during the
year in which the liability arose. You agree that we shall have
no liability for indirect or consequential losses, loss of data,
income or profits or damages for loss of or damage to property.
4.6 You agree that each of these limitations is reasonable
having regard to the nature of our site and in particular given
that when you purchase information, goods or services through out
site you will enter into a separate contract with the supplier in
each case.
4.7 None of the exclusions or limitations in this clause
4 shall exclude or restrict our liability for death or personal
injury caused by our negligence.
4.8 None of the above exclusions shall affect any statutory
rights which are not capable of being excluded. However, in such
case our obligation, where permitted by law, will be limited to
the re-supply of our site, good or service to you.
4.9 Each of the above exclusions or limitations shall be
construed as a separate, and severable, provision of these terms
and conditions.
5
Site subscription and charges
5.1 By subscribing to our site, you agree to pay our charges
at the rate applicable from time to time and stipulated on the site.
5.2 If you fail at any time to pay any subscription charges
due in accordance with these terms and conditions we may, in our
discretion and without prejudice to our other rights, deny you access
to those areas of our site which are exclusively available to subscribers.
We need not provide you with advance notice in such circumstances.
5.3 Refunds Policy
We do not refund monthly subscriptions in any circumstances. In
the unlikely event that the site has been inoperative for the whole
or substantially the whole of a month for which you have paid a
subscription then you will be entitled to a free subscription the
following month.
6 Links to other sites
Certain links, including hypertext links, in our site may take you
outside our site. Links are provided for your convenience and inclusion
of any link does not imply endorsement or approval by us of the
linked site, its operator or its content. We are not responsible
for the content of any website outside our site.
7 Termination of subscription
7.1 We may terminate your subscription immediately if you
are in material breach of any of these terms and conditions and
in particular upon any failure by you to pay your subscription charge
in accordance with these terms and conditions.
7.2 You may terminate your subscription at any time on 60
days notice to us by calling 01375 856900 and asking for Returnloads
Subscription Cancelations.
7.3 Any rights that have accrued to either party at the date
of termination will remain enforceable after termination.
8
No commercial use
You agree that you will use our site only for your internal business
purposes and that you shall not exploit our site or any of its contents
for any commercial purpose.
9 General
9.1 Third party rights
Where in these terms representations and warranties are made to
us and to suppliers of goods and services through our site, you
acknowledge and agree that such representations and warranties are
intended to grant rights to, and operate for the benefit of, all
such suppliers and that each such supplier may rely upon and enforce
such representations and warranties against you by virtue of the
Contracts (Rights of Third Parties) Act 1999.
9.2 Variations
We reserve the right at any time without notice to revise the content
of our site (including the services offered by us) and these terms
and conditions. Any changes to these terms and conditions will be
posted on our site and by continuing to use our site following any
such change you will signify that you agree to be bound by the revised
terms and conditions of use.
9.3 Credit card security and registration
We use a secure server that implements Secure Socket Layer technology
(certified to the standard for encrypted credit card transactions
stipulated by Verisign Inc) to prevent any person from gaining access
to your credit card or registration information whilst it is on
our site or being transmitted across the internet.
If you discover that goods or services have been ordered from a
supplier over our site using your credit card details in circumstances
where you had not agreed to or authorised this, then (provided you
have not, through failure to take reasonable care, allowed an unauthorised
person to gain access to your credit card details, purchaser ID
or password) our suppliers are required to refund to you the money
they receive provided that: (a) you inform your credit card company
and us of the unauthorised purchase as soon as you discover it;
and (b) you co-operate with your credit card company, the supplier,
us and, if necessary, the police in relation to the unauthorised
use.
9.4 Taxes
We have made every effort to make clear whether the quoted prices
for goods and services available through our site include any relevant
tax or duty or do not. Where in any case it is not clear please
note before you make an order that you might be required to bear
a liability to tax or duty (for example value added tax) imposed
by the supplier or by operation of law that is in addition to the
price.
9.5 The use of your information
You agree that we may collect, store, and use information about
you in accordance with our privacy policy. You acknowledge and agree
to be bound by the terms of our privacy policy.
9.6 Copyright
All rights in the design, text, graphics and other material on our
site and the selection or arrangement thereof are the copyright
of us or other third parties. Permission is granted to electronically
copy and print in hard copy portions of our site solely in connection
with the acquisition of goods or services through our site. Any
other use of materials on our site (including reproduction for purposes
other than those noted above and alteration, modification, distribution,
or republication) without our prior written permission is strictly
prohibited.
You hereby grant to us a perpetual royalty-free, irrevocable licence
to copy, issue copies, communicate to the public, make publicly
available and include in a cable programme service (either in whole
or in part or in a modified or edited form) any material you up-load
or post to our site (whether to a chat room, bulletin board or otherwise).
You acknowledge and agree that such material is not up-loaded or
posted subject to any obligation of confidence.
9.7 Trade marks
We are the proprietor of the Courierlink.Net trade mark in the UK
and other countries. All other trade marks, product names and company
names or logos used in our site are our property or that of their
respective owners. No permission is given by us in respect of the
use of any such trade marks, get-up, product names, company names,
logos or titles and such use may constitute an infringement of the
holder's rights.
9.8 Access
We reserve the right in our sole discretion to deny users access
to our site or any part of our site without notice and to decline
to provide the service to any user that is in breach of these terms
and conditions of use.
9.9 Events beyond our control
We shall not be liable to you for any breach of these terms and
conditions of use or any failure to provide or delay in providing
our services through our site resulting from any event or circumstance
beyond our reasonable control including, without limitation, strikes,
lock-outs and other industrial disputes, breakdown of systems or
network access, fire, explosion or accident.
9.10 Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings
or claim of whatever nature arising out of or in any way relating
to them or their formation) shall be governed by and interpreted
in accordance with English law and, for these purposes, the parties
irrevocably submit to the exclusive jurisdiction of English courts.
9.11 Unenforceability
The enforceability or otherwise of any provisions of these terms
and conditions shall not affect the enforceability of the rest of
these terms and conditions.
10 Definitions
In these terms and conditions:
10.1 'our site' means our presence on the Internet;
10.2 'our', 'we' and 'us' means Return Loads LLP and, where applicable, its officers, employees
and authorised agents; and
10.3 'you' and 'your' include any business with which you
are associated and on behalf of which you use our site ('your business').
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- 01/12/2009
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