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PARCEL2GO.COM - TERMS AND CONDITIONS

Where to find information about us and our services. You can find everything you need to know about us, Parcel2Go.com Limited, and our services on our website before you order. We also confirm the key information to you in writing after you order, either by email or via your online account.

When you send a parcel with us, you enter into a contract with us based on these terms and conditions, which set out our service obligations to you, your responsibilities, and some other items such as our liability to you.

It is important then that you read all of these terms and conditions very carefully to understand how we will provide services to you. In particular, to help you we have noted some important points below (which you read alongside the rest of these terms and conditions):

Parcel Protection

·  You have the opportunity to buy Parcel Protection during the ordering process. If you do not buy Parcel Protection, any compensation which you are entitled to under these terms and conditions is limited to the cost paid for our services only (clause 9.5).

·  Where you buy Parcel Protection, you have the option of buying:

·  Protection for loss or damage; or

·  Protection for loss only.

If we are liable for any losses to you under clause 9 and you have purchased Parcel Protection, the extent of our liability for eligible items will depend on the type of Parcel Protection purchased (clause 9.6).

Prohibited Items, No Protection Items, and Items Protected for Loss Only

·  Our website contains lists of items that are Prohibited Items, Items Protected for Loss Only and No Protection Items. Those lists are available here (and may vary from time to time). You should check them in detail to see whether any items you send fall under these lists. Certain items may also require more detail from you before they can be sent using our services. 

·  Prohibited Items - must not be sent with any of our services. If they are, we reserve the right to deal with any Prohibited Items at our sole discretion and are not liable in any way to you or the recipient of the package containing the Prohibited Item(s) (clauses 7.3 and 9.4.5). Prohibited Items do not benefit from Parcel Protection, regardless of whether Parcel Protection has been purchased.

·  No Protection Items - can be sent with our services, however will not benefit from Parcel Protection, regardless of whether Parcel Protection has been purchased. We do not accept any liability to you at all for such items (clause 9.4.6)

·  Items Protected for Loss Only - we do not accept liability to you for any damage to Items Protected for Loss Only (regardless of whether Parcel Protection for damage is purchased). Our liability in respect of loss is limited to either a) the cost paid for our services, or b) where you have purchased Parcel Protection, the lower of the value of Parcel Protection cover taken out for eligible items and the actual value of the item(s) at the date of loss (clause 9.6.1.2)

The Extent of Our Liability

In addition to the above, we draw your attention particularly to clause 9 (Liability) and clause 9.3 (The Extent of our Liability) onwards.

We don’t give business customers all the same rights as consumers. Where a term applies just to businesses or just to consumers, this is clearly stated below. You are a business customer if you are buying services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

When you buy from us, you are also agreeing that:

·  Our services can vary from the Service Order in certain circumstances (clause 3.2).

·  We only accept orders when we have checked them (clause 3.4).

·  Sometimes we reject orders (clause 3.5).

·  We are not obliged to provide any equipment or labour for loading or unloading at your premises (clause 4.1).

·  Any special equipment for loading and unloading must be made available. If not, we are not responsible for resulting damage and you indemnify (i.e. compensate) us against any claims (clause 4.2).

·  We will attempt to deliver once and may deliver to an alternative address or safe location, or back to our premises (clause 5.1).

·  Consignments which are not delivered shall be returned to you at your cost (clause 5.2).

·  We may dispose of damaged Consignments (clause 5.3).

·  You shall assist and co-operate with us (clause 7.1).

·  We will not carry any illegal items, and you indemnify (i.e. compensate) us in relation to any related losses or damage (clause 7.2).

·  We will not carry certain items without agreement or any Prohibited Items (clause 7.3).

·  If you are a consumer and you bought online or over the telephone, you have a legal right to change your mind (clause 8.1).

·  If you are a business, either of us can end our contract (clause 8.7).

·  We do not compensate you for all losses caused by us or our services (clause 9).

·  You shall reimburse us for losses sustained arising from your default (clause 9.13.3).

·  There are special terms that apply to any items being sent internationally, including to the European Union or Northern Ireland (clause 10).

·  You will co-operate with us in the carrying out of our services (clause 11.1).

·  All items must be packed properly and sufficiently (clause 11.2).

·  We monitor any fraudulent use of our services, and can take action if we suspect any (clause 12.1 and clause 12.2).

·  Any claims must be made in accordance with our claims procedure (clause 13).

·  You shall compensate us for any claims from other parties or due to your own default (clause 14).

·  If you are a business customer with a business account, you must pay us within seven days of the relevant invoice being issued to you (clause 15.1).

·  If you are not a business customer with a business account, you must pay us within the timeframe set out in your order (clause 15.2).

·  If you are a business, you must pay interest on late payments (clause 15.4).

·  Our charges are based on your declaration of the size and weight of the items which you send, and we may add additional charges arising from any inaccurate declaration that you make (clause 15.5).

·  We may charge extra for delivery on public and bank holidays (clause 15.7).

·  Where applicable, VAT is payable on any sums due (clause 15.8).

·  We can stop trading with you if we suspect fraudulent activity, or where you have not paid our additional charges (clause 12.2 and clause 15.10).

·  We may offer ‘Prepay’ payment on account services (clause 16).

·  Special terms apply in respect of using our services to send pallets, purchasing Royal Mail and Whistl services (clause 17).

·  We use your personal data as set out in our Privacy Policy(clause 18)

These terms may have changed since you last reviewed them. Please refer to our web page here for the most up to date version.

Our address is Parcel2Go Suite 1A, Parklands , Lostock, Bolton, BL6 4SD.

We offer a number of options for customer support. Details of how to contact us are contained here.

FULL TERMS AND CONDITIONS

Wherever a word is given a capital letter (for example ‘Agreement’ or ‘Consignment’), you should look at the Definitions section immediately below for a full explanation of what these words mean.

Standard Terms of Contract

1.  Definitions

In these Terms and Conditions, where the following terms are used, they shall have the following meanings:

“Agreement”

means these Terms and Conditions together with the Service Order.

“Collection Point”

means the address at which a Consignment is received or collected by us.

“Consignment”

means any item(s) which are, may be, or are intended to be, received by us from any sender at an address for us to carry and deliver to any recipient at any other address.

“Damaged Consignment”

means a Consignment that is no longer in the condition in which it was received by us, or which is or becomes a health and safety risk.

“Delivery Point”

means the address to which a Consignment is delivered by us.

“Excepted Risks”

has the meaning set out in clause 9.4.2.

“Items Protected for Loss Only”

such items as may be identified on our ‘Items Protected for Loss Only’ list as may be varied from time to time, and which is available on our website here.

“No Protection Items” 

such items as may be identified on our ‘No Protection Items’ list as may be varied from time to time, and which is available on our website here.

“Out of Gauge”

means a Consignment which is outside of the weight and dimension ranges that we carry on a particular Service.

“Prepay”

has the meaning set out in clause 16.1;

“Prohibited Items”

such items as may be identified on our ‘Prohibited Items’ list as may be varied from time to time, and which is available on our website here.

“Returned to Sender”

a Consignment may be returned to sender (i.e. to us) if the recipient sends it back to us and:

(a)  you do not accept receipt of that Consignment;

(b)  you do not pay any outstanding charges; and/or

(c)  if the Consignment is delivered and is Out of Gauge, for which you nor the recipient pay the underpayment.

“Service”, “our services”

means the service and carriage of a Consignment by us in accordance with the Service Order.

“Service Order”

means the summary of the order, which is displayed during the ordering process, and which is confirmed to you in the confirmation email that we send once we have accepted your order.

“Us, We or Our”

means Parcel2Go.com Limited, together with its directors, employees any agents subcontractors or couriers acting on its behalf.

“You”

means the customer, who is contracted with us, as set out in the Service Order.

2.  If you are a business customer this is our entire agreement with you. If you are a business customer these terms, together with any Service Order constitute the entire agreement between us in relation to our services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

3.  Our services

3.1  Our services and fees will be specified before we carry our services out.Our services and related fees shall be set out in the summary of your order (“Service Order”). The Service Order will be displayed during the ordering process and will be confirmed to you in a confirmation email that we send to your nominated email address once we have accepted your order. The Service Order will at a minimum set out:

3.1.1  the services to be carried out; and

3.1.2  the fees payable in respect of those services;

3.2  Our services can vary from the Service Order in certain circumstances. We have the right to make any changes to a Service Order which are necessary to comply with any applicable law or safety requirement, which are necessary on account of your act or omission as detailed in clause 3.8, or which do not materially affect the nature or quality of our services and we shall notify you of any such changes.

3.3  Any request by you for changes to the Service Order is subject to our consent. If you would like to make changes to the contents of the Service Order, you must tell us in writing immediately. If we agree to such changes, then we will write to you as soon as reasonably possible to confirm the effect (if any) of such changes on any fees and any other terms already agreed between us. Where you accept the effect of such changes (or where there is no effect), then we will provide you with an updated Service Order. 

3.4  We only accept orders when we've checked them. We contact you to confirm we've received your order and then we contact you again to confirm we've accepted it, at which point a contract will come into existence between you and us on the basis of these terms.

3.5  Sometimes we reject orders. Sometimes we reject orders, including for example (but not limited to), because a service is unexpectedly unavailable, because (if applicable) a credit reference we have obtained is unsatisfactory, because we can't verify your age (where the services are age-restricted), because you are located outside the UK or because the service was mispriced by us or is no longer available. When this happens, we let you know as soon as possible and refund any sums you have paid.

3.6  We shall provide our services with reasonable care and skill. We warrant that we will provide our services using reasonable care and skill. If we do not do so, you may require us to repeat or fix our services or, if that is not possible or not done in a reasonable time, obtain a reasonable reduction in the price from us.

3.7  We're not responsible for delays outside our control. If the supply of our services is delayed by an event outside our control, such as (without limitation) an act of God, war, natural disaster, civil commotion, malicious damage, epidemic or pandemic, any law or any action taken by a government or public authority, accident, strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway, we shall not be in breach of these terms or otherwise liable for any failure or delay in the performance of our obligations under these terms and/or our agreement with you (provided that, where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use all commercially reasonable endeavours to provide a replacement vehicle with the minimum delay practicable). In the case of any delays outside our control, we shall contact you as soon as possible to let you know and do what we can to reduce the delay, and if the delay is likely to be substantial you can contact our customer support team to end the contract and receive a refund for any services you have paid for in advance, but not received.

3.8  We’re not responsible for delays which you cause or contribute to. If you do (or omit to do) anything which prevents or delays us from carrying out our services or otherwise complying with our obligations under these terms and/or our agreement with you, including (without limitation) any delay, late delivery or missed delivery or failure to deliver caused by or contributed to insufficient labelling of a Consignment, subject to clause 9.10 (Losses we never limit or exclude) we shall:

3.8.1  notify you in respect of any resulting delay as soon as possible;

3.8.2  not be responsible for any resulting delay in the carrying out of our services; and

3.8.3  if we determine it is necessary (in our own discretion), modify the Service Order (including any increased or additional fees payable in respect of our services) and/or any timetable for delivery of our services.

4.  Loading and unloading

4.1  We are not obliged to provide any equipment or labour for loading or unloading the Consignment. If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.

4.2  Any Consignment requiring special equipment shall only be accepted if such equipment is made available. If not, and we agree to load or unload the Consignment anyway, we are not responsible for any resulting damage and you indemnify us against any resulting claims. Any Consignment (or part of a Consignment) requiring any special equipment for loading and unloading shall be accepted by us for transportation only on the understanding and condition that such special equipment will be made available at the Collection Point and the Delivery Point as required. Where such equipment is not available and if we agree to load or unload the Consignment (or part of the Consignment), we shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances. 

5.  Collection and Deliveries

5.1  We will attempt to deliver a Consignment once and are permitted to deliver to an alternative address or a safe location, or otherwise back to our premises. We will make one attempt to deliver a Consignment during normal working hours. If we cannot obtain a delivery receipt at the Delivery Point, you agree that we shall be authorised to attempt to:

5.1.1  deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point; or

5.1.2  deliver the Consignment to a safe location at the Delivery Point,

and (if successful) we agree that we will leave at the Delivery Point details of the address or safe location to which we have delivered the Consignment.

5.2  If the Consignment is not delivered, it shall be returned to you at your cost. If we are unable to deliver to the Delivery Point, a nearby address or a safe location, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days, we will return the Consignment to you at your cost (such cost to be discharged before delivery to you). Return information is captured from the collection address details listed in the service order.

5.3  We may dispose of any Damaged Consignment. If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe, hazardous or harmful, we reserve the right to dispose of the Damaged Consignment immediately.

6.  Sub-Contractors

We may use sub-contractors. You agree that we may use another carrier in order to support our provision of our services to you (this will be at our own expense) and you agree that both we and such other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.

7.  Your Obligations

7.1  You shall assist and co-operate with us, providing us with accurate and complete information and materials, and safe access to the Collection Point or Delivery Point.

You agree to:

7.1.1  ensure that the information you supply in the Service Order is complete and accurate;

7.1.2  co-operate with us in all matters relating to our provision of our services;

7.1.3  provide us with access to your premises, office accommodation and other facilities as reasonably required by us if any of these are to be the Collection Point or Delivery Point and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to us; and

7.1.4  provide us with such information and materials as we may reasonably require in order to supply our services and ensure that such information is accurate in all material respects.

7.2  We shall not carry any illegal items, and you indemnify us in relation to any related losses or damage. You agree that we shall not be required, and that you shall not cause us, to carry anything if it would be illegal or unlawful for us to do so (either in the UK or any country to which a Consignment is to be delivered). You agree that should you do this, you will indemnify us against any losses and/or damage that we may suffer as a consequence.

7.3  We will not carry certain items without agreement in writing. We will not carry any items on the Prohibited Item list. We may refuse Consignments which are not yours.

7.3.1  You agree that we will not, without specific separate written agreement, carry: livestock; liquids; perishable goods; gases; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials. In addition, we will not carry any items which are on our Prohibited Items list.

7.3.2  If any such items are sent, you agree that we may deal with or dispose of any such items at our sole discretion without being liable in any way to you or the recipient of the Consignment containing such items, and that we may charge you for any reasonable costs we incur in connection.

7.3.3  We reserve the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, you.

7.4  Receipts are conclusive evidence of delivery of a Consignment.

You understand that:

7.4.1  all Consignments shall be accepted at the Delivery Point and that the recipient shall give our driver an appropriate receipt and you agree that this receipt shall be conclusive evidence of delivery of the Consignment by us. This clause 7.4.1 shall not apply where such receipt is obtained as a result of fraud, collusion or dishonesty on the part of our driver; and

7.4.2  if there is a strike by any employees of yours, or the employees of any person receiving delivery, then you agree that our representative shall not be asked to perform any additional duties or any duties of a strike-breaking nature.

8.  Ending the contract

8.1  If you are a consumer and you bought online or over the telephone, you have a legal right to change your mind and cancel our services within 14 days of our acceptance or your order and receive a refund of what you paid for it. This is subject to some conditions, as set out below.

8.2  When you can’t change your mind. Once we have completed our services, you have lost your statutory right to cancel the services and receive a refund, even if the 14 day period is still running.

8.3  You have to pay for services you received before you change your mind. If you cancel our services after we have started performing them, you must pay us for the services provided up until the time that you tell us you have changed your mind. You will also be responsible for collecting the Consignment from us or paying our reasonable costs of returning it to you.

8.4  How to let us know that you wish to cancel. If you want to cancel our services in accordance with this clause 8, please let us know by doing one of the following:

8.4.1  contact us via our Live Chat services here. Please provide your name, address, order details, phone number and email address; or

8.4.2  by completing the form here.

8.5  When and how we refund you. Where you have changed your mind in accordance with this clause 8, we shall refund you in respect of cancelled services for which you are entitled to a refund pursuant to this Agreement within 14 days of you telling us you’ve changed your mind and wish to cancel this Agreement or any services. We refund you by the method you used for payment. We don't charge a fee for the refund.

8.6  Where you have cancelled our services, you must not use any postage label printed. If you cancel our services after printing any postage/courier label that we may supply to you, you shall not use that label for any purpose other than secure disposal. In the event that the postage/courier label is used in respect of any Consignment, you agree to us automatically deducting any sums owed for the delivery of our services from you via your payment method.

8.7  Where you are a business, either of us can terminate this Agreement in certain circumstances.

Where you are a business, either of us can terminate this Agreement:

8.7.1  by giving the other party no less than one month’s written notice of confirming the intention to terminate this Agreement; or

8.7.2  immediately on written notice to the other party if the other party breaches any of its obligations under this Agreement or (in the case of an individual) becomes bankrupt or (in the case of a company) goes into liquidation other than for the purposes of reconstruction or amalgamation, or has an administrator or receiver appointed over any of its or his property or income or make any deed or arrangements with or for the benefit of his or its creditors.

8.8  On termination you must pay all our outstanding invoices. On termination of this Agreement for any reason:

8.8.1  you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of services supplied where the Consignment has been delivered but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;

8.8.2  in respect of a Consignment which has already been paid for and which has been received but not yet delivered, then we shall deliver such Consignment in accordance with these Terms and Conditions;

8.8.3  in respect of a Consignment which has not been paid for but which we have received but not delivered, we shall return the Consignment to you;

8.8.4  the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry; and

8.8.5  clauses which expressly or by implication have effect after termination or expiry shall continue in full force and effect.

9.  Liability

YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.

9.1  The rationale to the limits of our liability in this clause. As a responsible business, we will perform our services in a professional manner with the appropriate level of skill and care. However, loss of or damage to a Consignment may still occur as a consequence of our handling of it and, in such circumstances, our liability shall be limited as set out in this clause 9.

Our reasons for limiting our liability as we have are as follows:

9.1.1  the value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain – this is something which is better known to you. In many cases, it cannot be known to us at all and can only be known to you;

9.1.2  the potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to our charges for providing our services;

9.1.3  it is not possible for us to obtain insurance for our full potential liability to all of our customers. Even if it were, such insurance would be much cheaper if taken out by you and, on that basis, it is more reasonable for you to take out such insurance from an independent third party rather than us doing so and passing on the costs to you.

9.1.4  we wish to keep the costs of providing our services to you as low as possible;

9.1.5  taking into account our low charges for providing our services, we wish to limit our liability for any damage or loss caused to you to a level which we consider reasonable and proportionate whilst affording you the opportunity to purchase additional insurance for eligible items in the form of Parcel Protection during the ordering process where the value of the Consignment dictates that the purchase of additional insurance would be advisable.

9.2  How you can protect a Consignment - Parcel Protection

9.2.1  Our liability for lost or Damaged Consignments is limited under this clause 9. However, during the order process, you can buy additional insurance in the form of Parcel Protection. Two types of Parcel Protection are offered during the order process as follows:

ï‚·  Protection for loss or damage

ï‚·  Protection for loss only

The extent of Parcel Protection cover shall depend on which type of cover you choose. For example, if you purchase Parcel Protection for loss only, you are purchasing cover for the loss of an item only but not for any damage caused to the item in the carrying out of our services.

9.2.2  Furthermore, and regardless of whether you have purchased Parcel Protection, please note that you may not be entitled to recover your losses under the Parcel Protection if the Consignment is not adequately packaged in accordance with clause 11.2, or if it is listed on the Prohibited Items, Items Protected for Loss Only and No Protection Items lists. Please see clauses 9.5 and 11.2 further below.

9.2.3  Where you do not purchase Parcel Protection, you confirm that you accept the risks of not doing so.

The Extent of our Liability

9.3  We don't compensate you for all losses caused by us or our services. We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 9 and clause 10 (International Carriage), and you making a claim in accordance with the provisions of clause 13 (Claims and Refunds).

9.4  Liability which we exclude completely:

9.4.1  Other than in respect of losses described in clause 9.10 (Losses we never limit or exclude), we shall not be liable to you at all, whether in contract, breach of statutory duty, tort (including negligence) or otherwise, and whether any Parcel Protection has been purchased or not:

9.4.1.1  where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights in your order and the actual dimensions and/or weights of any Consignment;

9.4.1.2  for any damage to items caused by our negligence, breach of duty, or other wrongful act or omission, which you have repaired, or you have arranged to be repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work; or

9.4.1.3  in respect of any:

(a)  loss of or damage to items on the Prohibited Items list;

(b)  damage to items on the Items Protected for Loss Only list; or

(c)  loss of or damage to items on the No Protection Items list;

and any losses or claims arising out of or in connection with such items unless otherwise stated by us.

9.4.1.4  for any damage incurred to the packaging used for the Consignment;

9.4.1.5  for any loss of profits, loss of sales or business, loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; or

9.4.1.6  any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

9.4.2  Excepted Risks. We shall not, in any circumstances, be liable to you for any loss, damage, costs, expenses or other claims for compensation arising directly or indirectly as a result of any of the Excepted Risks. Excepted Risks are any of the following:

9.4.2.1  war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection;

9.4.2.2  ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;

9.4.2.3  radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same;

9.4.2.4  pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster; and/or

9.4.2.5  the absence, failure or inadequacy of the packing or packaging used for a Consignment.

9.4.3  Events which are outside our control. If at any time we are prevented or delayed from starting, carrying out or completing any of our services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you shall have no claim for damages against us for any loss that you may suffer as a result provided that, where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use all commercially reasonable endeavours to provide a replacement vehicle with the minimum delay practicable.

9.4.4  Your delays. We shall not in be liable for any interruption in, delay to, or failure to carry out our services (including late delivery or missed delivery or failure to deliver) if you do (or omit to do) anything which prevent or delays us from carrying out our services or otherwise complying with our obligations under this Agreement, including any delays caused by or contributed to by your breach of clause 11.2 (including any deficient or ambiguous labelling of a Consignment).

9.4.5  Prohibited Items. Items on the Prohibited Items list should not be sent with our services. They do not benefit from Parcel Protection regardless of whether you have purchased Parcel Protection. We do not accept any liability at all for such items.

9.4.6  No Protection Items. Items on the No Protection Items list are carried without Parcel Protection for damage or loss and at your own risk regardless of whether you have purchased Parcel Protection. We do not accept any liability at all for such items.

9.4.7  Items Protected for Loss Only. We do not accept any liability for damage to or damage caused by any of the items on the Items Protected for Loss Only list. In respect of any loss of any items on this list, our liability is limited in accordance with clause 9.5.

9.4.8  Multiple packages. Where you have more than one discrete package within a Consignment, and you have not combined these within an outer box or packaging fully encompassing all the packages and any individual discrete package(s) comes apart in transit resulting in one or more of them being lost, then once the remaining parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss of the Consignment and we shall not be liable whatsoever in respect of such loss.

9.5  Liability which we limit – all cases: Subject to clauses 9.6, 9.8,  9.10 and 10, our total aggregate liability to you in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement is limited to the cost paid for our services under this Agreement;

9.6  Liability which we limit – Parcel Protection. Where you have purchased Parcel Protection in respect items that are eligible for Parcel Protection cover,subject to clauses 9.6, 9.8,  9.10 and 10, our total aggregate liability to you in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement is limited in relation to the relevant type of Parcel Protection cover purchased as follows:

9.6.1.1  Parcel Protection - Protection for loss or damage

Our liability to you in respect of loss of or damage to a Consignment is limited to the lesser of: (i) the value of the Parcel Protection taken out; or (ii) the actual value of the Consignment at the date of loss of or damage to the Consignment (as applicable);

9.6.1.2  Parcel Protection - Protection for loss only

Our liability to you in respect of loss of a Consignmentis limited to the lesser of: (i) the value of the Parcel Protection taken out; or (ii) the actual value of the Consignment at the date of its loss (as applicable). If you purchase Parcel Protection for loss only, you will not be protected, and we shall not be liable, for any losses that you suffer due to any damage caused to the Consignment other than for up to the cost that you have paid for our services in accordance with clause 9.5.

9.7  Value of the Consignment claimed; Irrespective of the type of Parcel Protection cover that you purchase for eligible items, we will not be liable to repay you the market value of the Consignment as at the time it was purchased by you. Consignments by their nature are subject to depreciation. You must take out a “new for old” compensation policy should you wish to be compensated in this way.

9.8  In order to ascertain the extent of our liability under this clause 9, we shall require proof of the value, dimensions and weight of the entire Consignment and any constituent part or parts and you must ensure that, prior to our collection of the Consignment, you have a record of these. For the avoidance of any doubt, and without affecting clause 9.4, we shall only be liable for the replacement value of the Consignment and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit.

9.9  Ownership of the Consignment If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment (in circumstances where you have purchased Parcel Protection for loss or damage), then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. In this circumstance, you agree that title in the Consignment shall pass to us on the date of settlement of the claim. For the avoidance of any doubt, we shall be responsible for the cost of recovery of the Consignment.

9.10  Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

9.10.1  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

9.10.2  fraud or fraudulent misrepresentation;

9.10.3  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

9.10.4  defective products under the Consumer Protection Act 1987; or

9.10.5  any matter in respect of which it would be unlawful for us to exclude or restrict liability.

9.11  . We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.No implied terms about goods

9.12  When you deal with us as a business, the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally possible.Where you deal with us as a business.

 

9.13  If our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“”):We can suspend supply of our services due to your default.Your Default

 

9.13.1  we shall (without limiting our other rights or remedies) have the right to suspend performance of our services until you remedy Your Default and, and we shall have the right to rely on Your Default if Your Default prevents or delays our performance of any of our obligations;

 

9.13.2  we shall not be liable for any costs or losses that you may suffer that arise directly or indirectly from our failure or delay to perform any of our obligations; and

 

9.13.3  you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.

 

10.  International Carriage

 

10.1  If we are requested to collect from, or deliver a Consignment to, a country outside of the United Kingdom, our terms of liability (subject to clause 10.2 below) shall be governed by the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road, as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (“”) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into this Agreement and will apply in place of any inconsistent terms within these Terms and Conditions. We can provide a copy of these provisions if requested, but even if these are not requested, you will be deemed to have read, understood and agreed to them and their incorporation into this Agreement.For international carriage, our terms of liability are governed by the Convention on the Contract for International Carriage of Goods by Road. the CMR Regulations

 

10.2  If the carriage of any Consignment occurs by air travel and involves stopping in a country other than the country of departure, then the Montreal Convention, as amended, shall be generally applicable to such part of the carriage as occurs by air and, in particular, our maximum liability in respect of loss of or damage to any such Consignment during air travel shall be limited to the amount set out in the Montreal Convention (namely £1,870 per ton of the gross weight (i.e. including any and all packaging) of the Consignment).The Montreal Convention applies to carriage by air.

 

10.3  We shall not be responsible for any local customs charges, import taxes duties, return to sender charges or anything similar which are incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us. If any such charges become due as a result of our carriage and/or delivery of a Consignment on your behalf and are charged to us by any competent authority, you agree to reimburse us fully in respect of the same within 7 days of our demand.We are not responsible for any local charges or duties.

 

10.4  You acknowledge and agree that all Consignments which are to be delivered to the European Union or Northern Ireland may require a commodity code to be declared within the booking process (see ). The commodity code classifies goods for import and export and will enable customs authorities to determine if any taxes and/or duties are payable. If the local customs authority determines that any additional taxes or duties are payable because you have provided us with an incorrect commodity code for your Consignment, you acknowledge and agree that the customs authority will impose such taxes or duties, which the recipient of the goods will be required to pay. It is, therefore, your responsibility to ensure that when you place a Service Order for any Consignment which is to be delivered to the European Union or Northern Ireland, you select the correct commodity code and that is it accurate to the best of your knowledge. We accept no responsibility or liability if such additional taxes or duties are payable in such circumstances.You must select the correct commodity code for shipments to the European Union or Northern Ireland. https://www.gov.uk/trade-tariff

 

10.5  The provisions at clause 13 (Claims and Refunds) shall apply to this clause 10.

 

11.  Your Obligations

 

11.1  To allow us to carry out our services, you shall:You will cooperate with us in the carrying out of our services.

 

11.1.1  co-operate with us and provide us with any information reasonably required for the purposes of this Agreement;

 

11.1.2  reasonably and substantially complete the tasks required to be carried out by you under our services;

 

11.1.3  obtain any permissions or consents that might be required for us to carry out our services, before we commence the carrying out of our services; and

 

11.1.4  otherwise comply with any other requirements agreed between us and you.

 

9.4.2. Packing and labelling the goods properly and sufficiently for the purposes of this clause 11.2 includes the following obligations:11.2  You must properly and sufficiently pack and label all goods for the intended Service and destination, and could affect any liability for damage, as per clause Consignments must be packed properly and sufficiently. failure to do so, would be seen as an Excepted Risk

 

11.2.1  you must pack the goods so that the Consignment or the contents of the Consignment or any other goods being transported by us will not be lost or damaged whilst being transported, and will not cause injury or damage to any person, any property or other goods.

 

11.2.2  if the Consignment has been pre-packed, for example new goods in a display box, the requirement to properly pack the goods set out in clause 11.2.1 must include packing the Consignment so that the packaging will not be damaged whilst being transported.

 

11.2.3  you must ensure that the labelling is clear and unambiguous and has the full address and postcodes of both the person or company sending the package and the person or company receiving it.

 

11.3  You must not use our services to send any Consignment that is (in whole or in part) on the list of Prohibited Items.

 

12.  Fraudulent Activity

 

12.1  We monitor the use of our services to ensure that they are not used by customers in any nefarious, improper or fraudulent way. We shall determine what activity constitutes fraudulent activity, however this may include fraudulent declarations in relation to the dimensions and/or weights of any Consignments, and setting up multiple customer accounts on our website in order to avoid detection of any fraudulent activity.We monitor any fraudulent use of our services.

 

12.2  If we discover, or have a strong suspicion that there is, in our reasonable opinion, any actual or potential fraudulent activity in the use of our services, you agree that we may take remedial action(s) including that we may in our absolute discretion:If we suspect there is any fraudulent activity, we can take action.

 

12.2.1  charge you:

 

12.2.1.1  any price difference between what you have paid and what our actual charges would have had it not been for the fraudulent activity;

 

12.2.1.2  an administration fee for correcting such underpayment/additional charge; and

 

12.2.1.3  fees equal to any losses, damage, expenses or other costs arising out of or in connection with your fraudulent activity,

 

together with interest on those sums in accordance with clause 15.4 (regardless of whether you are a business or a consumer) from the date of your original payment(s) until the date of actual payment of the sums charged under this clause 12.2.1;

 

12.2.2  suspend performance of our services until:

 

12.2.2.1  all sums payable under clause 12.2.1 have been paid;

 

12.2.2.2  we have concluded in our reasonable opinion that any fraudulent activity is not likely to continue or occur again;

 

If we exercise this right, we shall not be liable to you in any circumstances for any costs or losses arising directly or indirectly that you may suffer as a result and clause 9.4.4 (Your delays) shall apply.

 

12.2.3  cease trading with you and/or your business;

 

12.2.4  remove your ability to place orders with us; and/or

 

12.2.5  intercept your Consignment(s) and re-direct it to our storage depot (in which regard an administration charge of £15.00 per Consignment is applicable, should you wish for the Consignment(s) to be re-shipped and/or collected).

 

12.2.6  exercise any possessory rights, or rights of lien  (including the rights to disposal of the Consignment), available to us over any Consignment in our possession against you. We have the right to enforce the above Lien notwithstanding the title of the Consignment.(“Lien”)

 

12.3  If you disagree that any fraudulent activity has taken place, we do offer a dispute process. Please contact fraud@parcel2go.com with any disputes you may have.  You may dispute that any fraudulent activity has taken place.

 

13.  Claims and Refunds

 

13.1  Subject to clause 9.10 (We are not liable to you for any claims unless they are made in accordance with this clause 13. Losses we never limit or exclude), we shall not be liable to you under any circumstances for any loss or damage unless you notify us either via our website or by written notice to the address detailed towards the start of these terms (located ) within:here

 

13.1.1  14 days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment;

 

13.1.2  and in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 days from when the Consignment was collected or received by us.

 

13.2  We investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and, on that basis, the timescales set out in this clause 13 are necessary to ensure that such investigations can be performed fairly.We investigate all claims fairly and quickly.

 

13.3  The claims procedure is as follows:

 

Making a Claim

 

13.3.1  The procedure for applying for a claim for loss, damage or part damage (a “”) is as follows:Claim

 

13.3.1.1  log into the “My Account” section on our website;

 

13.3.1.2  in the “Submit a New Claim” section, please click “Create Claim”;

 

13.3.1.3  fill in the details as indicated; and

 

13.3.1.4  click “Submit”.

 

13.3.2  Once your Claim has been submitted to us, we will review it before deciding whether we are able to make an offer to settle your Claim.

 

13.3.3  You will be notified of our decision of whether we are able to settle your Claim or what offer we are prepared to make (“”) in the “Your Claims” section on the “My Orders” page of “My Account”.Our Offer

 

Accepting Our Offer for your Claim

 

13.3.4  The procedure for accepting Our Offer is as follows:

 

13.3.4.1  log into “My Account”;

 

13.3.4.2  click “Accept Offer”;

 

13.3.4.3  choose one of the 2 payment options; and

 

13.3.4.4  insert the account details for the account you wish Our Offer to be paid into. It is your responsibility to provide the correct account details into the boxes provided. Please note that we will not be liable for any incorrect details which are provided by you. For the avoidance of doubt, we will not be obliged to make any further payments to you in the event that you have provided incorrect account details. Furthermore, we are not obliged to reverse any payments we may make to incorrect accounts as a result of you providing incorrect details.

 

Requesting a Refund

 

13.3.5  The procedure for requesting a refund is as follows:

 

13.3.5.1  on our website, go to the Our Live Help Desk section;

 

13.3.5.2  enter your Parcel2Go reference number;

 

13.3.5.3  if your claim is in connection with a Service failure, please provide your parcel tracking number; and

 

13.3.5.4  alternatively, you can submit your request for a refund in writing to us.

 

13.3.6  Refunds may be given at our discretion and in accordance with the Service definitions made available to you at the time of payment.

 

13.3.7  Should a refund be appropriate, it shall be made back to the payment method originally used to book the transaction or into a prepay account with us.

 

13.3.8  Refunds can only be processed to the contracted party who booked the order.

 

13.3.9  Refunds will not be offered for any items detailed in clause 9.4 (Liability which we exclude completely).

 

13.3.10  Refunds must be requested within 28 days from the date the order was placed.

 

13.3.11  We will not provide any refund or reduction of charges if we receive less than the number of parcels for which you have contracted.

 

13.3.12  If the parcel has been collected or if the service has been carried out then we will not be liable for any reason to refund any additional add-ons, including Parcel Protection, Delivery Guarantee premium, Signature and Text Message Notification.

 

Consignments Returned to Sender

 

13.3.13  If a Consignment is Returned to Sender, we shall not be liable to you under any circumstances for any loss caused by us.

 

14.  Your Indemnity

 

14.1  We shall assume, for the purposes of this Agreement, that you are the sole owner of every item dispatched in the Consignment but, if any other person makes a claim against us for loss of or damage to any such items beyond our liability to you, then you agree that you shall indemnify us against any losses or liabilities that we suffer through that claim (including all legal costs and expenses) and you agree that we shall have no liability to you in these circumstances, regardless of whether such claims exceed any limitations of liability set out in this Agreement.You shall indemnify us for claims from other parties.

 

14.2  You agree to indemnify us against any losses or liabilities that we may suffer through a breach by you of any of your obligations set out in clauses 11 (You shall indemnify us in relation to your default. Your Obligations), 15 (Payment) and 16 (Prepay).

 

15.  Payment

 

you shall make payment to us within 7 days of the relevant invoice/charges being issued to you, such invoice to be issued monthly in arrears;15.1  If you are a business customer with Parcel2go.com business account thenFor business customers with a Parcel2go.com business account: and

 

15.2  If you are a business customer but do not have a Parcel2go.com business account, or if you are a consumer, you shall pay all charges applicable in respect of our services in accordance with the payment terms set out in the Service Order.For all other customers, the payment terms are set out in the Service Order.

 

15.3  You shall pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without liming our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.You must pay all amounts due in full.

 

15.4  Without limiting any other right or remedy of ours, if you (as a business customer only) fail to make any payment due to us by the due date for payment, we shall have the right to charge interest on the overdue amount at a rate of 8% per annum above the then current Bank of England’s base lending rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.If you are a business, you must pay interest on late payments.

 

15.5  We charge for our services based on the dimensions and weight of each Consignment. We may check the dimensions and/or weight of each Consignment. In the event we find that the dimensions and/or weight of a Consignment have been under-declared by you, you agree:We calculate our charges based on size and weight that you declare and you must pay any additional charges arising from any inaccurate declaration that you make.

 

15.5.1  that the dimensions and/or weight that we reasonably determine may be used for the purpose of the calculation of our charges;

 

15.5.2  we may charge any price difference to you in accordance with our current rates and may also charge an administration fee for correcting such underpayment/additional charge (together, “”);Correction Charges

 

15.5.3  if you are a business customer with a Parcel2go.com business account, to pay the Correction Charges in accordance with clause 15.1;

 

15.5.4  if you are not a business customer with a Parcel2go.com business account, to authorise us to debit the Correction Charges directly from the debit/credit card, Prepay, PayPal account, or other payment method that you used to make the original payment. If the Correction Charges (whether whole or part) cannot be paid by this means, the balance is due within 7 days of a relevant charges being issued to you; and

 

15.5.5  we may suspend performance of our services until the Correction Charges are received by us. If we exercise this right, we shall not be liable to you in any circumstances for any costs or losses arising directly or indirectly that you may suffer as a result and clauses 9.4.4 (Your delays) shall apply.

 

15.6  If you do not agree with any additional charges, we do offer a surcharge dispute process, to dispute any charges created, you must provide the necessary proof deemed acceptable by us of the size and weight of the Consignment, including a photograph of the package, with a visually clear tape measure showing the dimensions and the original clearly identifiable label on the package. All information regarding surcharge can be found .If you dispute any additional charges, we offer a dispute process. here

 

Surcharge disputes must be made within 28 days from the date the surcharge was received by you.

 

15.7  Should the provision of any services mean that we have to deliver a Consignment on a bank or other public holiday, we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.We may charge extra for delivery on public holidays.

 

15.8  All charges stated, whether by invoice or in the Service Order, shall be exclusive of any applicable value added tax or any other similar tax or duty (including any customs charges), which shall be added to the total sum payable to be repaid by you.All charges stated are exclusive of VAT.

 

15.9  From time to time, we may provide you with a discount code to be used with your order. You may only use a discount code once with one order.We may offer discount codes.

 

15.10  In the event that you fail to pay the surcharge(s) and/or use the same discount code with more than one order, we may, at our absolute discretion:We can stop trading with you and intercept your Consignment where you don’t pay additional charges or use a discount code for more than one order.

 

15.10.1  cease trading with you and/or your business;

 

15.10.2  remove your ability to place orders with us; and/or

 

15.10.3  intercept your Consignment(s) and re-direct it to our storage depot (in which regard an administration charge of £15.00 per Consignment is applicable, should you wish for the Consignment(s) to be re-shipped and/or collected).

 

15.11  We shall be entitled to exercise any possessory rights, or rights of lien  (including the rights to disposal of the Consignment), available to us over any Consignment in our possession against you. We have the right to enforce the above Lien notwithstanding the title of the Consignment.We can exercise possessory rights for Consignments in our possession. (“Lien”)

 

16.  Prepay

 

16 apply:16.1  At any time where we offer customers a system of payment on account with bonus credit being applied to such accounts, we shall refer to such system as “”. Where Prepay is applicable, the following provisions of this clause We may offer Prepay payment services. Prepay

 

16.1.1  your current Prepay credit and any applicable bonus credit shall be separately recorded and the total balance of these credits shall be shown in your account through our website.

 

16.1.2  When you accept the Service Order, our system will check your Prepay credit and bonus credit balance. The price set out in the Service Order shall be deducted from the balance. If such deduction would result in a negative balance, then you shall pay the difference in accordance with the provisions of clause 15 (Payment). We may set a minimum Prepay limit from time to time on any credit payments made to your Prepay account and these will be notified to you through our website (currently £20).

 

16.1.3  Any payment made on account under the Prepay system shall be deemed as a payment for services to be ordered from us. After the initial refund period described below, our liability to you will be to provide services to the value of the account balance. Cash balances will not be returned except in cases where you received a defective Service and requested a refund of the unused Prepay cash balance held on the account. Any such refund shall be provided subject always to the provisions of clause 9 (Liability), clause 13 (Claims and Refunds) and you complying at all times with your obligations under clause 11 (Your Obligations).

 

16.1.4  If you do not place any orders for a 6 month period, we will send an email to the address in your Account Details to remind you of your balance. This will be repeated at 12 months and 18 months. When a period of 24 months has passed with no orders placed, we will assume that your account is no longer active, the Prepay balance will expire and you shall have no further claim to such balance (including in order to pay for services).

 

16.1.5  If you change your mind after making a payment on account, you may request a refund. The procedure for requesting a refund from your Prepay balance or otherwise is set out in clause 13 (Claims and Refunds). In such cases, the amount refunded will be the sum of the original payment less the value of any services ordered on account.

 

17.  Special Terms

 

17.1  We may charge you a £20 fee for the cancellation of your pallet collection. This charge will only be applied if the booking has already been processed with the chosen Pallet provider and shall be payable in accordance with clause 15 (Pallets.Payment)

 

17.2  When purchasing any Royal Mail International product via Parcel2Go, as well as the Parcel2Go Terms & Conditions, users will also be accepting the Royal Mail Overseas Post Scheme (). Royal Mail services.https://www.royalmail.com/sites/royalmail.com/files/2021-03/Overseas_Post_Scheme_1_July_2020.pdf

 

Any claim being made as a result of a parcel being lost or damaged will be handled by Royal Mail only. Any parcel that has been under-declared on a Royal Mail service may receive additional surcharges & may be returned. This will be handled by Royal Mail only.

 

17.3  The Letters and Small Parcels’ service is a ‘part-tracked’ service, meaning that you can electronically track your box of letters and small parcels up until the point of handover at the Royal Mail depot.Whistl services. ‘

 

If one of the items you send using the ‘Letters and Small Parcels’ service can’t be delivered, it will return to a local Royal Mail branch and a calling card will be left at the recipient’s address prompting them to collect it. If an item can’t be delivered due to illegibility, the item will instead be returned to the sender, return information is captured from the collection address details listed in the service order.

 

We do not offer protection on our ‘Letter’ service.

 

18.  Links to Other Web Sites

 

18.1  Our Service may contain links to third-party web sites or services that are not owned or controlled by Parcel2Go.com. Parcel2Go.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Parcel2Go.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 web sites or services.

 

18.2  We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

19.  Personal Data

 

How we use any personal data you give us is set out in our Privacy Policy, which can be found .We use the personal data of individuals who use our services as set out in our Privacy Policy. here

 

20.  Nature of Agreement

 

This Agreement, the CMR Regulations and the Montreal Convention (so far as they are applicable) shall constitute the entire contract between us and you and the contract shall not incorporate, or be deemed to incorporate any provisions of any other documents. In addition, this contract and the documents referred to above shall supersede any previous contract, warranty or representation made or given by us relating to our services.

 

21.  Variation

 

No variation, amendment or cancellation of this Agreement (other than the Service Order) shall be binding upon us unless and until it is confirmed in writing by a director of us and, for the avoidance of any doubt, it is declared that no person other than a director has authority to negotiate or enter into any commitment on behalf of us which would or might (but for this clause) involve us in any legal liability whatsoever.Any variations of this Agreement must be agreed by our director in writing.

 

22.  Applicable Law

 

22.1  This Agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.This Agreement is governed by English law.

 

22.2  You irrevocably agree, for our sole benefit that, subject as provided below, the courts of England shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions prevent us from taking proceedings in any other jurisdictions, whether at the same time or not, to the extent permitted by the law of that other jurisdiction.Any court proceedings must be brought in England provided that we can also take proceedings against you in other jurisdictions.

 


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