Last Updated 09 June 2011
Terms and Conditions Contents
1. Introduction
2. Our Services
3. Intellectual Property
4. External Links
5. User Submissions and your use of the Website
6. Indemnity
7. Limitation of Liability
8. Term and Termination
9. Entire Agreement
10. Alteration
11. Conflict
12. Waiver
13. Cessation
14. Severability
15. Applicable Laws and Jurisdiction
16. Comments or Questions
1 Introduction
1.1 These terms and conditions are the terms on which the website www.goods2ship.com and all parked domains (the “Website”) is made available to you (“you”/”your”) by Goods2ship Ltd trading as Goods2Ship and/or its subsidiaries and/or affiliates (“we”/”us”/”our”). By accessing the website you agree to be bound by these terms and conditions and privacy policy. If you do not agree to be so bound, you should not access or use the Website.
1.2 Our VAT Number is: TBA
Our Certificate of Incorporation Number is: 498070
2 Our Services
2.1 The services we provide in relation to the Website (the “Services”) comprise the provision of means by which:
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Members of the public (A) looking for Haulage (T) and Driver/Courier (D) service providers can advertise their service offer;
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Service Providers (T & D) can bid on the services offered by (A);
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Service Providers (T & D) can publicise their services.
2.2 Service Providers must subscribe for a period of time ("Subscription Period") to use the Services available to them, by entering information when prompted by the Website and upon doing so, paying the fee specified on the Website from time to time (the "Subscription Fee”) and being approved by us, become Members. We retain the sole right to reject a Service Provider from becoming a Member and are obliged to inform the appropriate authorities in case of illegal activities.
2.3 Members must pay the Subscription Fee promptly when it becomes due at the end of the Subscription Period that the Member subscribed to use the Services.
3 Intellectual Property
3.1 All copyright, design rights, registered design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore (“Intellectual Property Rights”) in the Website or its contents belong to and vest in, or are licensed to, us. All such rights are hereby asserted and reserved. Your use of the Website grants no rights to you in relation to our Intellectual Property Rights.
3.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, edit or distribute the contents or materials of the Website or the code comprising the Website for any purpose other than that of accessing and using the Website for the Services.
3.3 By submitting photographs, text or other materials to us for use on the Website or uploading such materials onto the Website, you
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Grant us a licence to use such materials, including the right to copy, edit and remove such materials from the Website as we at our sole discretion shall elect;
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Waive all so-called moral rights in such materials.
4 External Links
4.1 External links may be provided by us for your convenience, but their accuracy, validity, legality or usefulness is beyond our control and no representation or warranty is made by us in this respect. Use or reliance on any external links and the content therein is taken is at your own risk. When visiting external links you should refer to that external website’s terms and conditions of use.
4.2 You may not create any hypertext links from any website controlled by you or otherwise to this Website without our express prior written permission. Please contact us if you would like to request a link to your website.
5 User Submissions and your use of the Website
5.1 We are not responsible for any material submitted to the public areas of the Website by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the Website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by us.
5.2 When accessing or using the Website or submitting any material to any public areas of the Website, you agree not to:
5.2.1 Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users, any third parties or us;
5.2.2 Publish, post, distribute or disseminate any defamatory, obscene, indecent, racist or unlawful material or information;
5.2.3 Post or upload files that contain viruses, corrupted files or any software or programs that may damage the operation of the Website and/or our or a third party's computer system and/or network;
5.2.4 Infringe the Intellectual Property Rights, whether subsisting in the UK or elsewhere, of us, any other user or any third party;
5.2.5 Submit content containing marketing or promotional material which is intended to solicit business;
5.2.6 Use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
5.2.7 Access or attempt to access the accounts of other users or to circumvent or attempt to circumvent the security features of the Website.
5.3 By accessing or using the Website, you warrant and represent to us that you are legally entitled to do so and to make use of any information or content made available via the Website.
6 Indemnity
You agree to indemnify us and any applicable third party in full and on demand against any and all loss, liability, damage, expense or costs of whatever nature which we or any applicable third party may suffer or incur and which is caused by or attributable to, whether directly or indirectly, your use of the Website and/or any breach by you of these terms and conditions.
7 Limitation of Liability
7.1 We shall be liable only to provide the Services with reasonable skill and care and we give no other warranty in connection with the Website.
7.2 Subject as aforesaid, to the maximum extent permitted by law, we exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
7.2.1 Any incorrect, inaccurate, misleading, incomplete or unreliable information on the Website or any interruption to, delay in updating or discontinuance of any aspect or feature of the Website;
7.2.2 Any non-performance or breach of any obligation of any party who has used the Website for the Services;
7.2.3 The infringement by any person of any Intellectual Property Rights of any third party resulting from their use of the Website;
7.2.4 Any amount or kind of loss or damage due to viruses, corrupted programs or software or any malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Website, or from transmissions via emails or attachments received from us or our licensees;
7.2.5 The availability, quality, content or nature of other websites that are owned and operated by third parties ("External Sites") to which we link and websites located on or through any External Site, nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
7.2.6 Any termination of this Agreement by us, whether under clause 8 or otherwise;
7.2.7 All representations, warranties, conditions and other terms which but for this notice would have effect.
7.3 We do not warrant that the operation of the Website will be uninterrupted or error free.
7.4 We shall not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond our control including without limitation Internet outages, communications outages, fire, flood, war, terrorism or act of God.
7.5 This clause 7 shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent misrepresentation.
8 Term and Termination
8.1 If you are a Member, your Membership, unless cancelled by you or us, will automatically renew at the end of the Subscription Term. You may cancel your Membership at any time by contacting us. Please note that we require at least 48 hours notice to ensure that any recurring payments due are cancelled. Members who set up recurring fees through PayPal or WorldPay may also cease Membership by cancelling the applicable agreement in their applicable PayPal or WorldPay account.
8.2 Subject only to clause 8.3, in the event that a Member cancels their Membership, we will not refund any proportion of the Subscription Fee paid by that member in respect of the applicable Subscription Term.
8.3 Notwithstanding clause 8.2, new Members who choose to cancel their Membership within 7 working days of initially subscribing to be a Member are entitled to a full refund of their Subscription Fee. Cancellation requests should be made by contacting us by email or telephone, together with a request for a refund in writing sent to:
Goods2ship Ltd.
Memberships
Model Farm Road
Dromiskin
County Louth
Republic of Ireland
8.4 We shall be entitled to terminate this Agreement and/or remove, cancel or suspend your access to and use of the Website (whether or not you are a Member and without refunding any Subscription Fee, if applicable):
8.4.1 Immediately, upon any breach by you of any part of these terms and conditions; or
8.4.2 On three weeks’ notice, for any reason whatsoever, such notice to consist of a statement to this effect published by us on the Website.
8.5 Termination shall be without prejudice to the accrued rights of either party.
9 Entire Agreement
9.1 This Agreement and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement.
9.2 Each party acknowledges and agrees that in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether innocently or negligently made) of any person other than as expressly set out in this Agreement.
9.3 Nothing in this clause shall operate to limit or exclude liability for fraud.
10 Alteration
We may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that, by visiting the Website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version each time you visit the Website.
11 Conflict
Where any conflict or contradiction appears between the provisions of these Website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.
12 Waiver
No indulgence or extension of time which either you or we may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
13 Cession
We shall be entitled to cede, assign and delegate all or any of our rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
14 Severability
If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.
15 Applicable laws and jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland. You hereby submit to the exclusive jurisdiction of the Irish courts in respect of any dispute, matter or claim arising under or in connection with this Agreement or its enforceability.
16 Comments or Questions
If you have any questions, comments or concerns arising from the Website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.