Terms and Conditions

1. DEFINITIONS

2. GENERAL

2. 1. PH is an intermediary host provider of an interactive, online logistics platform dedicated to facilitating a first class, innovative and efficient EU and International logistics service relating to Consignments whereupon Customers can inter alia arrange for the collection, drop off, transportation and delivery of Packages by PH via the PH Network by way of the PH Services.

2. 2. A Customer who is a registered PH Member can:

(a) benefit from the PH Membership with a host of PH Membership benefits;

(b) register for a PH Account;

(c) receive PH Quotes in an instant;

(d) avail of available useful information on the Site relating to the PH Services and more; (e) collect PH Points and earn PH Discounts;

(f) avail of one or more of the PH Services;

(g) avail of one or more of the PH Optional Services;

(h) access and use the PH Discussion Forum;

(i) access Your PH Account to find out the status of all Consignments in real time;

(j) benefit from use of the PH Tools;

(k) access and use PH Live Help;

(l) edit Your PH Account and Registration Information;

(m) top up Your PH Account with Top-Up Payments and earn PH Bonus;

(n) apply for a PH Credit Account;

(o) store credit card details for future purchases;

(p) store regular Valid Addresses relating to Delivery Points and Collection Points;

(q) access and search Historical Consignment Information; and,

(r) print or re-print PH Documentation where available.

2. 3. An unregistered Customer can:

(a) receive PH Quotes in an instant;

(b) avail of one or more of the PH Services;

(c) avail of one or more of the PH Optional Services;

(d) avail of available useful information on the Site relating to the PH Services and more; (e) benefit from use of the PH Tools;

(f) use the PH Tracking Service; and,

(g) access and use PH Live Help.

2. 4. The Interactive Services may include, but are not limited to, the provision of an online platform from where the Interactive Services and information about the Interactive Services can be accessed. To the extent permitted by the functionality of the Interactive Services, UGC can be uploaded and posted by a Customer to the Site under these Service Terms.

2. 5. You should read the Agreement carefully and ensure that You understand the effect before proceeding to use the Site and/or the Interactive Services. If You disagree with any part of these Service Terms, do not use the Site for the purpose of the Interactive Services. If You violate the licence granted to You by way of this Agreement, PH may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.

2. 6. PH reserves the right to change these Service Terms at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that PH will treat Your use of the Site and/or the Interactive Services as acceptance of the terms of the Agreement including Your continued use subsequent to any changes being posted on the Site. Unless expressly agreed in writing by a director of PH, no employee, agent or Sub Contractor of PH is authorised to alter or vary this Agreement.

2. 7. Words denoting an obligation on a User to do any act, matter or thing includes an obligation to procure that it be done and words placing a User under an obligation or a restriction include an obligation not to permit or allow infringement of the obligation or restriction.

2. 8. It is Your responsibility to ensure that any limitations of liability and any other conditions that apply to this Agreement are fully understood before You place Your Order for submitting a Consignment by PH. If You are not satisfied with PH’s limits of liability under this Agreement, You can purchase Parcel Protection via PH, or make Your own Parcel protection arrangements in such sums and against such risks as You deem appropriate.

2. 9. PH may at its sole discretion, transport a Consignment by such means of transport and route as decided appropriate by PH.

2.10. For any Consignment accepted for international carriage by road, air or sea, the Convention Rules (as defined) govern, and in most cases limit, the liability of PH in respect of loss, damage or delay. Provided that these Service Terms do not conflict with the Convention Rules in respect of international carriage by road, air or sea, these Service Terms strictly apply to the purchase and provision of the PH Services.

The Convention Rules shall be interpreted in accordance with Irish law to the extent they are given effect under Irish implementing legislation.

2. 11. For any Consignment accepted for international carriage by sea and where the services of a third party shipping company or international transport operator are used (‘Third Party Carrier’), where applicable, You expressly appoint PH to be Your attorney on Your behalf to execute documents, use Your name and do all things which are necessary or desirable for PH to obtain for itself or its nominee within the PH Network, the full benefit of this Clause (the ‘Contract’). This power of attorney shall be construed in accordance with Irish law and shall not create a general agency or fiduciary relationship beyond its stated purpose.

You agree that the carriage may be subject to the trading conditions of the Third Party Carrier with whom the Contract is entered into by PH on Your behalf. You expressly agree that PH shall be relieved of any liability for all Losses in respect to the loss, damage or delay to a Consignment where such is the result of any event that is beyond the control of PH attributable to such Third Party Carrier. PH, may, in any way it thinks fit and in the name and on behalf of Customer:

(a) take any action that the Contract requires Customer to take;

(b) exercise any rights which this Contract gives to Customer; and

(c) appoint and remove one or more substitute attorneys with full power as Customer's attorney on terms that the attorney thinks fit.

3. IP LICENCES

3. 1. When using the Interactive Services, if You publish any UGC via the Site by way of PH Member Profiles including links, text or images, You automatically grant to PH, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Interactive Services, including without limitation the promotion and redistribution of all or part of Your UCG (and derivative works thereof) in any media formats and through any media channels and throughout the PH Network. You also grant any other PH Member with whom You share UGC via the Site e.g. via the PH Discussion Forum, a worldwide, non-exclusive, royalty-free license to access Your UGC through the Interactive Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Interactive Services and under the terms of this Agreement. (‘IP Licences’).

3. 2. Unless terminated (or suspended) for reasons such as those set out in this Agreement or unless PH is no longer providing the Interactive Services to You, the above IP Licences granted by You terminates when Your UGC is deleted off the Site by way of Your PH Account being terminated. You can freely amend or delete UGC from the Site. You must Contact Us In Writing to request termination of Your PH Account.

3. 3. You understand and acknowledge that You have no ownership rights in Your PH Account and that if You cancel Your PH Account or Your PH Account is terminated, all Your information including but not limited to Your Historical Consignment Information and Your PH Member Profile will be deleted from Your PH Account and will be further deleted from any PH archives in accordance with our data retention and destruction policies. You acknowledge that UGC may continue to be retained by the PH Network in accordance with the privacy policies of e.g. Sub Contractors and may also be retained as part of the content on the PH Discussion Forums.

3. 4. You acknowledge that email messages sent over the internet are not encrypted and are not secure. Despite efforts to protect Your Personal Data, We cannot ensure or warrant the security of any Data You transmit to us, via, to, or from our Site. PH does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it. You transmit all such Data at Your own risk.

3. 5. PH does not claim ownership of the UGC You submit or make reference to on the Site. You retain all of Your ownership rights in Your UGC but You grant the limited IP Licences set out in Clause 3.1.

4. PARTIES AND SUB-CONTRACTING

5. REGISTERING FOR A PH ACCOUNT

5. 1. PH Membership provides PH Members with PH Discounts for themselves and their dependents only i.e. PH Members must not place Orders for non-registered Customers. PH reserves the right to change any term pertaining to PH Membership at any time upon posting on the Site.

5. 2. You may not transfer ownership or sell Your PH Account, PH Membership or PH Credit to a third party.

5. 3. Registering for PH Membership and a PH Account is FREE and optional for Customers. If You choose not to register for a PH Account, You may still use the PH Services but You will not benefit from certain features and functionality made available to registered PH Members.

5. 4. To avail fully of the Site and the Interactive Services, You are required to fill out certain Registration Information online via a PH Registration Form. The Personal Data that You provide must be true, accurate and complete at all times.

5. 5. In order to provide You with maximum protection, You will be asked to input Your username (which shall be Your email You wish to be contacted on) and to choose a password to create Your PH Login in order to access Your PH Account on the Site.

5. 6. You will keep Your PH Login relevant to the Site and the Interactive Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your PH Login. We do not have the means to check the identities of people or businesses using the Site and will not be liable where Your PH Login is unlawfully used by another. You agree to notify PH immediately by Contacting Us In Writing of any unauthorised use of Your PH Login or Your PH Account of which You become aware (with ‘IMPORTANT’ in the subject line). You will not create additional accounts for the purpose of abusing the functionality of the Site or other registered PH Members or for any other reason in breach of this Agreement.

5. 7. As part of the verification process for registration, You will receive a welcome email with a link in it which requires You to click on it to verify Your email address. This helps us to reduce spam. Once verified successfully, on becoming a PH Member, You are ready and authorised to start using the Interactive Services and availing of PH Membership benefits!

5. 8. You can cancel Your relationship with PH at any time. You can do this by requesting PH to deactivate Your PH Account and terminate Your PH Membership by sending an email request to support@parcelhero.com with ‘URGENT – CANCELLATION REQUEST’ in the subject line. This process will take up to five (5) Working Days to complete.

5. 9. PH Members who do not comply with this Agreement may be subject to review, which can result in suspension of PH Membership privileges and/or termination. This includes all PH Memberships by virtue of association. PH reserves the right to suspend the use of the Site for a PH Member pending the outcome of an investigation relating to a Complaint or a breach of this Agreement.

6. PH QUOTE & ORDER PROCESS

6. 1. You may obtain a PH Quote from the Site which shall remain valid for approximately one (1) day only as market prices can be volatile and can change on a regular basis to be competitive.

6. 2. You may accept a PH Quote and place an Order online via the Site by clicking ‘Buy This Service’. You will be asked to input Your name, email, postcode and country of origin. You will then be asked to input and confirm details pertaining to the Collection Point, the Delivery Point and the Package (including any Item declarations). You may also place an Order over the telephone in certain circumstances.

6. 3. Throughout the purchase process, You will have the option to add PH Optional Services which may incur Surcharges to Your Base Order Price by way of opting for e.g. the PREMIUM MBG or the Parcel Protection option.

6. 4. Upon submitting and confirming Your Order, You will be asked to submit payment details to settle the Order Price in advance and to expressly accept the terms of our Agreement. You will be provided with a confirmation screen on the Site in order for You to check all details and amounts pertaining to the Order Price before committing to the Order. Payment can be made by credit card, by making Top-Up Payments or by paying by PayPal.

6. 5. We shall acknowledge receipt of Your Order by sending You Your Order Acknowledgement and Consignment Receipt by email.

6. 6. You must complete the Order by:

(a) printing the Label which can be downloaded from the confirmation screen or from the Acknowledgement of Order email (unless Customer has opted for the PH Label Service);

(b) ensuring that the Package is Correctly Packaged and addressed to a Valid Address; (c) ensuring that the Package complies with the Labelling and Packaging Criteria;

(d) where there are multiple Packages in the same Consignment, ensuring a barcoded, sequentially numbered tracking label is affixed to each one;

(e) attaching the Label securely to the Package; and,

(f) ensuring it is available for collection at the Collection Point in accordance with the booking details.

6. 7. We are not able to supply You with the PH Services unless You have complied with the Order Requirements at Clause 6.6.

6. 8. You will only be authorised to make changes to an Order as may be (or may not be) permitted by the relevant PH Service. IMPORTANT: Changes cannot be made to Sameday Delivery services.

6. 9. For the purposes of the Provision of Services Regulations 2009 and where applicable, the PH Services will be deemed to have commenced upon the collection of the Consignment at the Collection Point. Where delivery is to take place more than thirty (30) days from the collection (e.g. sea freight may take longer), Customer agrees to the performance being outside the statutory thirty (30) day time limit.

7. ITEMS & LABELLING AND PACKAGING CRITERIA

7. 1. Packaging: All Packages must be Correctly Packaged (including exterior and interior packaging materials) and have a Label attached in accordance with Our Labelling and Packaging Criteria and all Packages must comply with the laws and regulations of each country through which the Items may be carried which shall be Customer’s sole responsibility.

7. 2. If PH considers that the Items are not Correctly Packaged for carriage, PH may either refuse to accept the Consignment, or suspend carriage at any time with no liability to You.

7. 3. Size & Weight: Our Charges in respect of a Package is worked out by measuring the physical or volumetric weight of a Package, whichever is the greater. Volumetric weight is calculated using a divisor of 4000 for road movements and 5000 for air movements, more information can be found here volumetric weight information (/support/volumetric-weight-calculator). The dimensions of a Package are taken as per the largest possible dimension. If a Package is bulging or has a part that sticks out, then the dimensions will be calculated according to the maximum footprint of the Package.

7. 4. If a Package is in excess of 25kg, You must place a ‘Heavy Package Label’ on the Package which the carrier can normally provide upon request. PH will not be liable to You for any reason whatsoever if You omit to do this. Heavy or large Packages that require special equipment will be subject to a Surcharge which shall be highlighted to You during the purchase process provided You declare this, failing which, You may be subject to an Additional Surcharge.

7. 5. PH will procure that the Package is audited for size and weight upon collection, at the designated carriers local collection hub, using calibrating weighing and scanning equipment and in the event that the audit reveals a discrepancy, Additional Surcharges will apply. PH will be entitled to charge You immediately for such discrepancy and You authorise PH to invoice You and debit these Additional Surcharges directly from Your PH Credit in Your PH Account, the credit card or PayPal account used to make the original payment or where applicable, it shall be applied to Your PH Credit Account as owing, or if You do not have a PH Account or there is no PH Credit in Your PH Account, from the card or PayPal account used to pay for the Consignment. If the whole amount owed cannot be paid for whatever reason by these means, the amount outstanding shall be payable within seven (7) days as per Clause 12.11.

7. 6. If You dispute the audit results, You can appeal by providing the necessary proof deemed acceptable by PH which constitutes a photograph of the Package, with a visually clear tape measure showing the dimensions and the original clearly identifiable Label on the Package.

7. 7. Label: The Customer shall ensure that each Package or Palletised Item is labelled with the Valid Address (and telephone number) of the Delivery Point. You can either print the Label during the Order process or have it emailed to You and print if from Your email. You need to print two copies (one to be handed to PH upon collection). Securely attach the other Label to the Package using a Documents Enclosed Pouch or follow our on-screen prompts and our Labelling and Packaging Criteria.

7. 8. If You are sending multiple Packages, each individual Package should have a barcoded, sequentially numbered tracking label. If You tape or affix multiple parcels together, without enclosing them in a single outer box, and one of the Packages becomes detached, You accept that You will not be able to claim for loss or partial loss of that Consignment.

7. 9. Pallets: Pallets must be palletized, stackable, and able to be lifted by a forklift and shrink wrapped or banded to a pallet. Unstackable pallets should be notified to PH in advance of shipping and may incur Additional Surcharges which will be quoted prior to shipping.

7. 10. Perishable Items: Perishable and temperature controlled goods will be transported at Customer’s own risk. PH do not provide special handling for such Consignments and in the event that loss, damage or deterioration of one or more Items ensues, You acknowledge that PH shall not be liable to You for any Losses suffered by You howsoever caused. You also acknowledge that certain Perishable Items are not permitted for transportation. You should therefore check with PH prior to shipping. Some countries do not allow the importation of Perishable Items without a permit which You are obliged to ensure is in place prior to shipping.

7. 11. Prohibited Items: PH does not accept Prohibited Items for carriage as detailed at </terms/prohibited-items> and such are deemed to be Undeliverable Consignments. Examples include passports and cash.'

7. 12. Excluded Items: Some Excluded Items may be carried by PH but are carried at Customer’s sole risk. Excluded Items include Items requiring professional packaging (set out on the Site as Compensation Exclusions. You acknowledge that due to the fragility or otherwise of Excluded Items, PH cannot make any guarantees that damage will not occur during carriage and consequently, PH will not incur any liability to You if You choose to use the PH Services in respect of Excluded Items except in exceptional circumstances where PH are satised, at their discretion, to Protection You for such Excluded Items which shall be decided on a case by case basis by You making a special request to PH by Contacting Us In Writing, with a complete description and quantities of the Items You wish to ship along with a description and images of the Packaging that You have used to protect Your Item(‘Excluded Item Exception’). If You nevertheless engage PH to render PH Services in respect of Excluded Items (where PH has not granted You an Excluded Item Exception), You do so entirely at Your own risk and You are advised to arrange appropriate Parcel Protection independently of PH. Excluded Items MUST BE professionally packaged to prevent You from incurring any losses in respect to damage. If You require any further advice or clarification on this, please Contact Us.

7. 13. Subject to the Excluded Item Exception, should PH receive from any Customer (knowingly or unknowingly) Items for carriage which are Prohibited Items or Excluded Items, Customer shall have no Claim whatsoever under or pursuant to this Agreement in respect of the carriage of those Prohibited Items or Excluded Items and shall fully indemnify PH in respect of all Losses however caused, arising out of the carriage of those Prohibited Items or Excluded Items.

7. 14. Customer may be liable to prosecution if shipping Prohibited Items via the PH Network. PH may deal with the Consignment of Prohibited Items in its sole and absolute discretion (without incurring any liability whatsoever to Customer, Consignor or Consignee) including destroying or otherwise disposing of such Consignment in whole or in part or returning the Consignment to Customer, and shall be entitled to charge Customer for the cost of disposal and all other costs reasonably incurred if it so chooses to return the Consignment or any part of it.

7. 15. Consignments that breach this Clause 7 will be returned (unless collection is requested) to Consignor and Customer will not be entitled to any refund for Charges paid or any Claim.

7. 16. Save for in the case of dangerous goods, where PH has suspended the PH Services due to a breach of this Clause 7 and Consignor has not collected the Consignment nor provided instructions within twenty-eight (28) days of being notified, PH reserves the right to sell or dispose of the Items as We see fit with no liability to any party and shall be entitled to charge Customer for the cost of disposal and all other costs reasonably incurred if it so chooses to return the Consignment or any part of it.

8. ADDRESSING, INSPECTION & PH DOCUMENTATION

8. 1. Addressing: Customer shall write the full postal address, including the postcode (or local equivalent) and telephone numbers of both the Consignee and the Customer on each Package and each Consignment must be accompanied with the relevant PH Documentation for the PH Service used. Under no circumstances will PH be liable in respect of any Losses incurred by Customer in respect of an address that does not constitute a Valid Address in respect of the Collection Point and Delivery Point.

8. 2. Inspection: PH reserves the right, but is not obliged to open and inspect, scan or X-ray any Consignment for reasons of safety and security. In accordance with applicable regulations in various jurisdictions, PH may be required to undertake X-ray screening of Consignments and PH shall have no liability in respect of any Losses incurred in this respect.

8. 3. PH Documentation: Customer is solely responsible for the accuracy and completeness of the relevant PH Documentation including the accuracy of Item descriptions and other Order specific information such as selecting the correct and intended PH Service either online or on the physical Waybill. If a PH Service is not clearly selected on the Waybill, the default PH Service is the Express Delivery (where available) and all applicable Charges will be calculated and charged accordingly. PH assumes no responsibility for its inability to complete a delivery due to incorrect or missing PH Documentation, whether or not it attempts to notify the Consignee or Customer. Whether freely submitted by You or sourced by us, PH shall be entitled to charge an Additional Surcharge for obtaining corrective or complete information.

8. 4. Customer shall retain all PH Documentation as these will be required to support any Claim under Clause 18.

8. 5. If required, PH will sign a document acknowledging receipt of a Consignment upon collection from Consignor at the Collection Point but no such document shall be taken as confirmation by PH as to any Labelling and Packaging Criteria having been satisfactorily met at the time PH receives it.

9. PH DOCUMENTATION CONTINUED & CUSTOMS CLEARANCE

10. COLLECTION & DELIVERY & UNDELIVERABLE CONSIGNMENT

10. 1. PH shall not be required to provide any specialist equipment unless PH has agreed to do so with Customer in advance. Any Consignment (or part of a Consignment) requiring any specialist equipment for loading and unloading shall be accepted by us for transportation only on the strict understanding and condition that Customer shall, or shall procure that, such specialist equipment will be made available at the Collection Point and the Delivery Point as required. Where Customer uses its own specialist equipment for loading the Consignment (or part of the Consignment), or where such specialist equipment is not available and We nevertheless agree at our discretion to load or unload, We shall be under no liability or obligation of any kind to You for any Losses suffered (howsoever caused) during the loading or unloading of the Consignment and You shall indemnify PH against all Losses suffered or incurred by PH as a consequence of the use, or non-use of such specialist equipment.

10. 2. If a collection fails due to a Customer error e.g. the relevant PH Documentation being inaccurate or wrong or no-one is available, the collection will not be re-scheduled until Customer contacts or procures that Consignee contacts, PH to re-schedule the collection. An Additional Surcharge will be applied to all failed collections that require re-booking due to a Consignee or Consignor error.

10. 3. Our online order system records all Your collection and delivery instructions as input by You. When You input all Your details, You will be presented with the PH Services available to You. You will proceed to pick one and follow the Order process referred to in Clause 6.

10. 4. PH uses reasonable efforts to make three (3) delivery attempts. Notwithstanding this, You acknowledge that this may not be possible where some destinations and Sub-Contractors are concerned in which case Your Undeliverable Consignment shall be available for collection at a PH Depot. PH undertakes to deliver to the Delivery Point specified in the Order and the relevant PH Documentation, or where the Consignee is not present and a delivery receipt is unobtainable, PH may at its discretion attempt to deliver the Consignment to an alternative address (a ‘Substitute Delivery Point’) being either:

(a) that of any person appearing to have authority to accept delivery of the Consignment on the Consignee’s behalf;

(b) that of a neighbour (‘Alternative Address’); and,

(c) that representing a pre-agreed place or discretional place e.g. porch or garage (‘Location’).

10. 5. For each Substitute Delivery Point, PH may not be able to attain a POD. Customer agrees that for the purposes of the Agreement, where PH attempts to deliver a Consignment to the Delivery Point and for whatever reason delivery cannot be achieved (including unreasonable delay in, or refusal of, acceptance at that Substitute Delivery Point) then delivery shall be deemed to have taken place at the time when the Consignment is first presented to that Delivery Point for acceptance (including when a Calling Card may have been left) or when PH joins a queuing or booking in system, if that is in operation at that Substitute Delivery Point.

10. 6. Where PH is directed to hold a Consignment for collection or pending further instructions, (which at its discretion PH may do), then delivery shall be deemed to have taken place at the time such direction was made.

10. 7. Upon failure of any delivery attempt to the Delivery Point but where the Consignment has been left in accordance with Clause 10.4 (a)-(c), PH shall endeavour to procure that a Calling Card is left at the Delivery Point with details of the Substitute Delivery Point.

10. 8. Upon failure of any delivery attempt to the Delivery Point or any Substitute Delivery Point, the Consignment will be returned and held at a PH Depot and PH shall endeavour to procure that a Calling Card is left requesting Consignee to Contact Us whereby a further delivery attempt may be arranged. In the case of a Consignee requesting re-delivery, Customer hereby consents to PH performing such action.

10. 9. If Customer does not Contact Us within five (5) days of the first delivery attempt failing, or where Consignee refuses to accept the Consignment, We will deem the Consignment to be an ‘Undeliverable Consignment’ and shall return the Consignment to Customer at Customer’s cost. For the avoidance of doubt, We will not deliver the Consignment until these Charges are paid. If an Undeliverable Consignment is held by PH and is not claimed within thirty (30) days of the last delivery attempt, PH shall, where reasonably practicable, attempt to contact Customer. Failing this, PH shall be entitled to deal with or dispose of the Consignment as it sees t. For the avoidance of doubt, it is Customer’s sole responsibility to monitor the delivery of their Consignment and to Contact Us, or procure that Consignee Contacts Us, if a delivery attempt fails.

10. 10. Customer shall be liable at all times for any and all Charges incurred by PH in returning, storing or disposing of an Undeliverable Consignment.

10. 11. PH shall not be liable in respect of any Consignment delivered to the Delivery Point or Substitute Delivery Point, where any person misrepresents his authority to receive the Consignment on the Consignee’s behalf; or where PH is delivering it in accordance with instructions from, or purporting to be from, Consignee or Customer.

10. 12. We cannot normally deliver to PO Box addresses, however there are some specific countries where We can. Please check with us in advance. Notwithstanding permission, if We are unable to complete a delivery to a PO Box, You will be liable for the return shipping costs. In all cases, deliveries to PO boxes are not covered under our money back guarantee scheme.

10. 13. In some instances e.g. for international deliveries in some countries, delivery will be made to a local post office or PH Depot.

10. 14. If the Package is over 25 kg, Consignor and Consignee are required to provide assistance with loading and unloading respectively, otherwise PH is entitled to refuse to collect and deliver. This obligation is the responsibility of Customer to procure in respect of Consignor and Consignee.

10. 15. If the Items are palletised, Customer will need to procure the provision of a loading bay for loading and unloading.

10. 16. If a Consignment or any part of it, is damaged, and considered to be a risk or dangerous in any way, the Consignment will be disposed of as We see fit. If the Consignment has become damaged due to the actions of PH, our liability to You shall be limited to that set out in Clauses 14-16.

10. 17. When delivering a Consignment, the name of the person who took delivery and the time of delivery shall be logged on the Site by way of a POD. Further, if the particular PH Service provides for it, and subject to payment of the relevant Charges, PH may procure a POD by way of receipt of delivery signature by electronic means which shall represent the actual image. Copies of the latter shall be available (subject to data protection requirements) for a period of three (3) months only from the date of delivery. PODs cannot always be guaranteed e.g. in remote areas.

10. 18. A Delivery Confirmation shall be sent to Customer by email when the Consignment has been successfully delivered to the Collection Point.

11. FORCE MAJUERE

12. CHARGES & SETTLEMENT

12. 1. Various Charges for the PH Services are set out on the Site and are valid at the time of accessing the Site only as some may fluctuate from time to time.

12. 2. Where a business Customer successfully applies for a Credit Account with PH, payment of Charges shall be payable in accordance with the Credit Term from the date on the invoice as agreed in writing between the Parties. In consideration of such Credit Account extended and/or to be extended by PH in its discretion to Customer, or the provision of PH Services paid for in accordance with these Service Terms, Customer hereby unconditionally guarantees to PH the punctual payment when due, with such interest as may accrue thereon, of all debts and obligations of Customer, now existing or hereafter arising, as well as the performance and observance by Customer of the terms, conditions, stipulations, and agreements of Customer contained in this Agreement and any invoice (the ‘Guarantee’). This Guarantee will be continuing and irrevocable in respect of any indebtedness of Customer. Customer hereby waives notice of acceptance of this Guarantee, notice of the occurrence of any default, demand, protest, and notice of any and all action at any time taken or omitted by Customer regarding its indebtedness to PH. Customer consents to any modification or renewal of the credit hereby guaranteed. This Guarantee shall bind the executors, administrators, and assigns of Customer and shall remain in force and effect unless and until cancelled by written notice sent to PH, in which case it shall then be binding as to any balances still owing and outstanding as of the date of PH’s receipt of such registered notice.

12. 3. In respect of a Credit Account, Customer authorises PH to verify the credit of Customer and Customer authorises its bank(s) and/or business references to release credit information of Customer as may be requested by PH. The Guarantee referred to in Clause 12.2 gives PH the right to investigate credit from time to time of Customer (or any guarantor(s)), if deemed necessary by PH to determine Customer’s creditworthiness in PH’s sole discretion.

12. 4. Where Customer places an Order online and does not have a PH Credit Account or where Customer places an Order offline by telephone, Customer shall pay all applicable Charges in advance via the Site.

12. 5. Where Customer is a business and has a PH Credit Account, payment shall be made within the Credit Term from the date on the invoice as agreed in writing between the parties.

12. 6. All Charges are stated as exclusive of applicable VAT under Irish law and may be subject to variation from time to time.

12. 7. Customer shall pay or reimburse PH for all Charges without any deduction or setoff.

12. 8. Any Charges incurred or levied after the Order has been placed i.e. Additional Surcharges, shall be due and payable within the timescale and manner as specified by PH in these Service Terms or on the Site.

12. 9. Charges are based on the greater of the physical or volumetric size and weight of a Package, the number of Packages in a Consignment and the journey between the Collection Point and the Delivery Point as indicated by Customer. Where the Charges are found to be invalid or misdirected as per Clause 7.5, PH shall have the right to implement a reasonable adjustment of the applicable Charges and invoice Customer accordingly.

12. 10. Any subsequent Additional Surcharges applied to Your Order that have not been paid in advance, should be paid either immediately if so requested.

12. 11. PH reserves the right to make Additional Surcharges to recover costs associated with the PH Services in accordance with these Service Terms including national or international or industry-wide situations, including but not limited to fuel price increases, increases in Government or any other authority's fiscal or statutory charges payable by PH and variations in vehicle excise duty and any other taxes, duties, levies, penalties, charges or expenses paid on behalf of Customer, Consignee or third party. Such Additional Surcharges are payable immediately upon request, or within seven (7) days of receipt of an invoice as the case may be (or within an alternative period which the parties have agreed in writing).

12. 12. Unless evidenced otherwise, an invoice shall be considered as received within seven (7) Working Days following the date on the invoice. Invoices are emailed to Customer.

12. 13. If Customer fails to make payment in full on the due date, this shall be considered a material breach of this Agreement and the whole of the balance due in relation to the PH Services (or a PH Credit Account balance) then outstanding shall become immediately due and payable and, without prejudice to any other right or remedy available to PH and until the payment has been made in full, PH may:

(a) suspend delivery of the Consignment where it is not yet delivered (and/or any other Consignment (whether from the same Order or not) to the Consignee;

(b) charge interest on the amount outstanding (including any amounts due in respect of a PH Credit Account) from the due date to the date of receipt by PH (whether or not after judgment) in accordance with the European Communities (Late Payment in Commercial Transactions) Regulations 2012 (S.I. No. 580/2012);

(c) charge an Additional Surcharge for late payment up to a maximum of one hundred pounds (€100) for each overdue invoice as a fixed statutory fee in accordance with the Late Payment of Commercial Debts Regulations 2002;

(d) suspend any PH Membership benefits and access to the PH Account;

(e) make a storage charge as an Additional Surcharge for any Undeliverable Consignment (or unclaimed/ uncollected Consignment) as outlined on our Site;

(f) retain by way of a general PH Lien, any of Customer's Items in its possession until payment in full of all sums due from the Customer on any account (whether relating to the Items or not), is received. Where any Items are held by way of a PH Lien, PH shall not be liable to Customer for the loss of, damage to, or deterioration of, the Items whatsoever and howsoever caused and PH may at its absolute discretion, upon giving not less than twenty eight (28) days’ notice of the exercise of the PH Lien, sell by public auction, any or all of the Customer's Items in its possession, as agent for Customer and for that purpose may open, or break open, any Package for such purpose without any liability. PH shall apply the proceeds of any sale (after deducting reasonable costs for the storage and the sale of the Items) against any sums due to PH and shall account to Customer for the balance (if any). Customer shall discharge PH from all liability whatsoever in respect of such Items. Failure to deliver Items as a result of the exercise of a PH Lien shall not constitute a breach of the Agreement or enable Customer to withhold payment of any sum due to PH; and,

(g) stop any Consignment in transit by virtue of association.

12. 14. You waive Your right to challenge our invoice if You do not notify us in writing within twenty-eight (28) days of the invoice date with an explanation as to why You dispute it.

12. 15. PH may, without prejudice to any other rights it may have, set off any liability of Customer to PH against any liability of PH to Customer. PH will further be entitled to offset any amounts payable to PH by Customer by way of Charges under this Agreement from any PH Credit available in Customer’s PH Account which may be, or may have been, deposited at any time. Customer shall not offset any amounts payable to PH against any amounts that are or may be payable by PH to Customer.

13. PH CREDIT, PH POINTS, PH BONUS & TOP-UP PAYMENTS

13. 1. Where You have a PH Account, You are eligible to credit Your PH Account at any time by making a Top-Up Payment. When You earn PH Bonus, this shall be converted to PH Credit and shall automatically be applied to Your PH Account. By logging in to Your PH Account, You will be able to see Your total PH Account balance (PH Credit) available for You to spend on PH Services as and when You require them.

13. 2. When You are placing an Order, our system will check Your PH Account balance and the Order Price shall be deducted from the PH Account balance. If such deduction would result in a negative balance, You must make up the difference in accordance with the provisions of Clause 12 (Charges and Settlement). We may set a minimum Top-Up Payment limit which shall be made known to You on our Site.

13. 3. Any Top-Up Payment made to Your PH Account shall be deemed a payment for PH Services. If You change your mind after making a Top-Up Payment, You may request a refund by Contact Us within twenty-eight (28) days of the Top-Up Payment transaction date. In such case, the amount refunded will be the sum of the original Top-Up Payment less the value of any PH Services ordered since (‘Refund Window’).

13. 4. Refunds made during the Refund Window can only be made to the credit card account used to make the original Top-Up Payment and will be subject to a Payment Processing Fee equal to the greater of €5 or 5% of the total amount refunded. For the avoidance of doubt, goodwill payments credited to your PH Account will not be subject to a refund.

13. 5. Where the Refund Window has expired, Your sole remedy and our sole liability to You will be the provision of PH Services against which You may redeem Your PH Credit to the value of Your PH Account balance. No cash refunds shall be made under any other circumstances.

13. 6. If the Wallet remains inactive for 24 months, the Wallet Balance will expire. Before any expiry, we will provide at least 30 days’ advance notice to the email registered on the account, giving you the opportunity to withdraw or use the balance.

14. LIABILITY AND LIMITATION FOR DELAY, LOSS OR DAMAGE WHERE CONVENTION RULES APPLY

14. 1. Liability for loss, damage and delay in respect of carriage of Consignments by road, air or sea are set out in the Convention Rules, the most recent version of which shall apply.

14. 2. Where Parcel Protection is NOT purchased as a PH Optional Service, the total maximum liability arising under or in connection with this Agreement and subject always to the terms herein, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed those amounts set out in the respective Convention Rules as follows:

(a) Carriage by road:

8.33 SDRs per kilogramme

(b) Carriage by air:

17 SDRs per kilogramme

(c) Carriage by sea:

666.67 SDRs per container or 2 SDRs per kilogramme of gross weight of the Items lost or damaged, whichever is the higher.

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 1 Euro).

14. 3. The Convention Rules set out that should there be partial loss of the whole, such loss shall be accordingly pro-rated down from the maximum levels set out in Cause 14.2.

14. 4. Liability under Convention Rules shall be subject to any defences or exclusions of liability provided for a Carrier therein and

14. 5. BY ROAD & AIR:PH may be liable for loss, damage or delay caused to the Consignment. However, PH will have a defence and shall not be liable if the loss, damage or delay was caused:

(a) by the wrongful act or neglect of Customer;

(b) by the instructions of Customer given otherwise than as the result of a wrongful act or neglect on the part of PH;

(c) by inherent vice of the Items; or,

(d) through circumstances which PH could not avoid and the consequences of which PH was unable to prevent.

14. 6. In respect of carriage by road, PH shall be further relieved of liability when the loss or damage arises from the special risks inherent in one or more of the circumstances listed in Article 17 of the CMR Convention, as given effect in Ireland by the Carriage of Goods by Road Act, 1993. The burden of proof shall lie with PH.

14. 7. In respect of delay by road, PH shall only be liable where PH:

(a) Fails to meet an ‘agreed time limit’ (i.e. in the case of Timed Delivery and the PREMIUM MBG); or,

(b) Where there is no ‘agreed time limit’ the delivery exceeds the time it would be reasonable to allow a diligent carrier.

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.

14. 8. Customer can increase PH’s level of liability under all the Convention Rules by paying a supplementary sum in which case PH’s liability shall be limited to the agreed declared limit i.e. the Parcel Protection referred to at Clause 17.

14. 9. BY AIR: PH may be liable for loss or damage caused to the Consignment during the carriage by air. However, PH shall not be liable for damage caused by delay if PH can prove that all measures that could reasonably be taken to avoid such damage were taken, or, it was impossible for such measures to be taken.

14. 10. These Service Terms do not provide exhaustive detail of all aspects of the Convention Rules. However, We are happy to provide any additional information or explanation needed upon request.

15. LIABILITY FOR DELAY (& MONEY BACK GUARANTEE SCHEME) WHERE CONVENTION RULES DO NOT APPLY

16. LIABILITY FOR LOSS AND DAMAGE WHERE CONVENTION RULES DO NOT APPLY

16. 1. The standard limits on liability in this Clause 16 apply where the Convention Rules do not apply i.e. where there is no “international carriage” involved as defined by the applicable Conventions (and where Customer has not opted to make a declaration and pay a supplementary fee for increased levels of Protection in excess of the standard by way of the PH Optional Services such as the PREMIUM MBG or Parcel Protection).

16. 2. Subject to Clause 16.3, We shall not be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the Interactive Services (save for where You are a non-business Customer where ‘foreseeable and consequential losses’ may be recoverable by You provided that You expressly put PH on notice of such fact in advance of any Order being place and being accepted by PH for carriage. You can do this by Contacting Us In Writing. It is Your responsibility to ensure that PH’s limits on liability are adequate to satisfy any foreseeable and consequential losses that may be suffered by You in the event that PH is found to be in breach of this Agreement and if You consider the PH limits on liability not to be so, You must declare such is the case to PH as stipulated, failing which, such losses shall not be recoverable in any circumstances. PH can refuse carriage at any time in its sole discretion.

16. 3. Nothing in these Service Terms is intended nor shall it be construed as an attempt by any party to exclude or limit any liability for:

(a) fraudulent misrepresentations;

(b) any liability where the law does not permit such exclusion of liability; and,

(c) death or personal injury arising from negligence.

16. 4. LOSS & DAMAGE: PH shall only be liable for loss of, or damage to, a Consignment where it is proven that PH acted negligently and without reasonable skill and care. Subject to Clauses 16.3 and 7 (Labelling and Packaging Criteria), PH’s sole liability to Customer and Customer’s sole remedy from PH is the repair/replace remedy (hereinafter referred to as the ‘Repair/Replace Remedy’) which shall be subject to the standard limits on liability set out this Clause 16 or those pertaining to the Parcel Protection referred to in Clause 17.

16. 5. If the Items are considered reparable, and the repair costs are lower than the replacement costs, then We are only liable for the repair costs i.e. the lower cost option.

16. 6. Any compensation payable for loss or damage shall be limited to the value of the repair costs of the Item(s) damaged or, if they are lost or damaged beyond repair, the lowest of:

(a) their replacement cost, taking account of depreciation for wear and tear; and,

(b) where You are selling the Items, the actual wholesale value of the Item(s) at the time of collection, not the resale price (not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit).

16. 7. In no circumstances shall PH’s total maximum liability arising under or in connection with a whole Consignment exceed the value of fifty pounds (€50.00) and subject always to the Service Terms herein, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

16. 8. For the avoidance of doubt, We make no warranty and hereby expressly disclaim any liability to You in respect of the Repair/Replace Remedy or otherwise and You agree that You have no claim against PH in connection with any Losses incurred or suffered by You due to:

(a) latent or inherent defect, vice or natural deterioration of Items;

(b) it containing Prohibited Items or Excluded Items;

(c) it containing tickets, or tickets which are exchangeable for goods or services (including without limitation, airline tickets, vouchers or tickets for any mode of transportation);

(d) delays in delivery caused by adherence to PH policies e.g. to provide a POD;

(e) damage in transit or in handling inherently fragile Items or oversized Packages;

(f) Customer's failure to adhere to Labelling and Packaging Criteria; or

(g) PH’s failure or inability to attempt to contact Customer in respect of inaccurate or incomplete PH Documentation including a Valid Address for the Collection Point and/ or the Delivery Point and no, or insufficient, declaration of, and payment of, Charges, in particular, Surcharges and Additional Surcharges i.e. duties and taxes necessary to transport a Consignment. due to the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Site and/ or the Interactive Services;

(h) Your failure to submit a Claim within the Claim Time Limits set out in Clause 18.3;

(i) the Registration Information You input into Your PH Registration Form (or when applying for a PH Credit Account or at any time thereafter) is inaccurate or incomplete;

(j) Your failure or inability to use the Interactive Services or any Site functionality at any point in time, or, where the Site is unavailable at any time for any period;

(k) any changes which PH may make to the Interactive Services, or for any permanent or temporary cessation in the provision of the Interactive Services (or any features within the Interactive Services);

(l) the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the Interactive Services;

(m) any errors or omissions in our Site or in relation to any reliance placed by You on any content on the Site or accuracy thereto;

(n) any unauthorised access or loss of Personal Data that is beyond our control; and,

(o) the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

(p) You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable PH to use or display Your UGC in the manner contemplated by the terms of the IP Licences granted in Clause 3 and You are happy to share Your UGC with the PH Network as the case may be;

(q) Your non-compliance with all applicable laws, Codes of Practice and Legislation;

(r) Your breach of Your obligations under this Agreement due to Your act, omission, default or Your failure to comply with any of Your obligations under this Agreement;

(s) Your posting or uploading of any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for PH to use or possess in connection with the provision of the Interactive Services;

(t) Your failure to keep Your PH Login details secure and confidential.

16. 9. In order to ascertain the extent of our liability, We shall require proof of the value and weight of the entire Consignment, proof of purchase of the item and any part or parts of it which make it up (In the form of an invoice or receipt, inclusive of proof of payment). You must ensure that, prior to our collection of the Consignment, You have retained a record of these to support Your Claim. Once the extent of the damage is ascertained, We reserve the right to request that Customer obtains a quote for the repair, or We may obtain a quote ourselves.

16. 10. If only part of a Consignment is damaged or lost, We will only be liable for the part which is damaged or lost which shall be pro-rated down to represent the proportion that the actual value of that part of the Consignment bears to the actual value of the whole Consignment.

16. 11. If a Claim is settled for replacement of the damaged Items in a Consignment, We are entitled to take ownership of the damaged Items whereupon We shall be responsible for the recovery cost of the Consignment.

16. 12. Where the Convention Rules apply to carriage of a Consignment, the liability of PH to Customer shall be governed accordingly.

16. 13. Customer shall indemnify and hold harmless PH on demand, and shall keep PH fully and effectively indemnified against any and all Losses incurred by or asserted against PH, arising due to the act, omission, default of Customer or Customer’s failure to comply with any of its obligations under this Agreement (including in particular, those relating to the IP Licences, the matters set out at Clauses 14.5, 14.10, 15.1 and 16.8 and the obligations to pay the applicable Charges) other than and to the extent that any losses arise directly from breach of these Service Terms by PH or by PH’s negligence).

16. 14. Except as expressly set out in this Agreement, PH gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.

16. 15. Subject to Convention Rules, no action arising out of or in connection with this Agreement may be brought by the Client more than eight (8) months from delivery of the Items or, in the case of non-delivery, within eight (8) months from the scheduled date for delivery.

17. Parcel Protection

17. 1. Where available and where requested by Customer, PH may arrange Parcel Protection for the loss of, or damage to, a Consignment. Customer shall be solely responsible for the payment of the premium as set out here.

17. 2. Parcel Protection entitles you to claim for the stated value if Your Items are lost or damaged in transit. Notwithstanding this, if you declare a different value on Your AWB which is lower than the value of the Parcel Protection purchased by You, in the event that a Claim ensues, the upper limit of the value of any potential Claim shall be the lower of the sum declared on the AWB or the sum pertaining to the chosen Parcel Protection. For the avoidance of doubt, the value declared in both instances should be the same.

17. 3. In the case of damage, it does not Protect:

(a) Damage to any exterior Packaging;

(b) Items not packaged in accordance with our Labelling and Packaging Criteria at Clause 7 and on our Site;

(c) Prohibited Items; and,

(d) Excluded Items.

17. 4. Miscellaneous:

(a) The maximum Parcel Protection per Consignment is twenty thousand pounds (€20,000.00). Notwithstanding this, if You require a higher maximum level of Parcel Protection than that stated here, please Contact Us In Writing with all the details and We shall endeavour to provide you with a competitive quote.

(b) The maximum Parcel Protection per Consignment for jewellery or watches is five hundred pounds (€500.00).

(c) We are unable to provide Parcel Protection for works of art where the artist concerned is deceased.

17. 5. It is Customer’s responsibility to either seek Parcel Protection through PH (where available) or make its own Parcel Protection arrangements in such sums and against such risks as it deems appropriate if Customer is not satisfied with PH’s limits on liability under this Agreement.

17. 6. PH shall otherwise be deemed to have limited liability for the Consignment and any Claims shall be subject to limits on liability stated in Clauses 14 - 16.

17. 7. Customer hereby waives all rights of subrogation which might otherwise exist under any parcel protection held by Customer with protection in excess of any Claim in excess of the liability limits in this Agreement.

17. 8. If you’re shipment contains more than one parcel; our liability is on a pro-rata basis. If you purchase €10,000 of parcel protection for a shipment, and send 2 parcels, you are purchasing €5,000 of parcel protection for each parcel. If You require a higher maximum level of parcel protection than that stated here, please Contact Us In Writing.

18. COMPLAINTS & CLAIMS

18. 1. PH tries to meet the highest standards when providing the Site and the Interactive Services.We take any Complaints We receive about this very seriously. We encourage people to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way PH deals with any Complaint, and You wish to take court proceedings, You must do this within Ireland. Relevant Irish law will apply to this Agreement.

18. 2. All Claims in respect of loss or damage to a Consignment must comply with the procedure for Claims and must be set out on a Claim Form which You must request from us in writing.

18. 3. All Claims must be received in writing by PH within 14 days of the date of delivery in the case of damage, and within 30 days of the collection date, in the case of loss (‘Claim Time Limits’). These time limits do not affect any statutory rights you may have under Irish law. Should Customer fail to comply with the Claim Time Limits specified in this Clause, You release PH from all claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the potential Claim to the fullest extent permitted by law.

18. 4. Notwithstanding the fact that a Claim is submitted in compliance with the procedure for Claims and within the Claim Time Limit, We are not obliged to act on any Claim (whether submitted by a PH Credit Account holder or otherwise) until our Charges have been paid in full which shall not be retrospective.

18. 5. Where the Claim is in respect of damage, in order for us to consider a Claim, the Items along with the original packaging should be made available to us for inspection.

18. 6. Where the Claim is in respect of loss, You must grant PH a search window of up to thirty (30) days where an agreed time limit was in force in respect of the relevant PH Services, or sixty (60) days where no time limit was agreed which shall run from the date You notified us in writing of the loss i.e. non-delivery.

18. 7. Where the Claim is in respect of Damage, note the following:

(a) Where exterior packaging is discovered damaged upon delivery at the Delivery Point, Customer must procure that Consignee signs for the Consignment as ‘exterior packaging damaged’. Customer is advised to further procure that Consignee undertakes an inspection of the Items inside the Consignment at the Delivery Point and expressly signs for the Consignment Items as ‘damaged’ or ‘not-damaged’. It is acknowledged that this is not always going to be practicable, however, it is advisable to support any Claim that may ensue.

(b) In the event that the Items are found to be damaged at the Delivery Point upon inspection by Consignee and it is further held that the Items have been Correctly Packaged in accordance with Clause 7, Consignee is advised to sign for such Items as ‘damaged’, evidence of which shall go to support the Claim in respect of damage in transit.

(c) If in the case as set out at 18.7(b), PH, in its sole discretion and after a full investigation declares that Customer is in breach of its obligations in respect of Clause 7, Your Claim is likely to be unsuccessful albeit filed within the Claim Time Limit.

(d) In the event that the Items are found to be damaged by Consignee at a later point but still within the Claim Time Limit, PH shall consider any Claim that may ensue but such Claim will not have the support of an inspection having been duly carried out by Consignee as referred to in Clause 18.7(b).

(e) All Claims for damage will go through a full investigation and must be brought within the Claim Time Limit. Failing which, You shall forfeit any chance to submit a Claim.

(f) If Consignee refuses to, or fails to, declare the state of the exterior packaging upon receipt of delivery at the Delivery Point, then notwithstanding the actual state of the Packaging, the Items therein shall be deemed to be ‘not damaged’.

(g) If Consignee inspects the Consignment subsequent to the Items having been moved to another location by Consignee or under Consignee’s direction, or having been unpacked from their original Packaging, such actions may invalidate PH’s protection conditions and therefore Your ability to file a Claim if damage to the Items is subsequently reported albeit within the Claim Time Limit. You acknowledge that due to standard industry protection conditions, the act of moving the duly delivered Consignment in this way. You are advised to inspect the state of the Items prior to this to ensure that any Claim for damaged Items will not be invalidated.

19. CONTENT ON THE SITE

20. COPYRIGHT LICENCE

21. GENERAL RESTRICTIONS ON USE

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:

(a) not to sell, license, rent, distribute or otherwise exploit any UGC or Content for any other purposes without the prior written consent of PH or the respective licensors of the UGC or the Content;

(b) not to use the Site including the PH Discussion Forum to send unsolicited advertising or promotions, requests for donations or spam;

(c) not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of or parts of the Site or the Interactive Services, including but not limited to any UGC or Content, in any medium without PH’s prior written authorisation, unless PH makes available the means for such activity through the functionality offered by the Interactive Services;

(d) not to alter or modify any part of the Site or any of the Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(e) not to access UGC or Content through any technology or means other than the Site itself or such other means as PH may explicitly designate for this purpose;

(f) not to access or attempt to access the PH Accounts of other PH Members or penetrate or attempt to penetrate PH’ security measures;

(g) not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the Interactive Services or features that (i) prevent or restrict use or copying of UGC or Content; or, (ii) enforce limitations on the use of the Interactive Services or the accessible UGC or Content;

(h) not to use any area of the Site or the Interactive Services for any non-permitted commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication which is deemed unwarranted in accordance with these Service Terms. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the Interactive Services. We reserve the right to block access to this Site with respect to any PH Member who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Service Terms, or infringing PH’s rights. Breaching any terms on the Site will be deemed to be a breach of this Agreement;

(i) not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(j) not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any PH Member of the Site or the Interactive Services; or,

(k) not to unlawfully place an Order or access a PH Account of a PH Member on behalf of another.

22. PROHIBITED CONTENT

23. PRIVACY AND CONFIDENTIALITY

24. AVAILABILITY AND SECURITY OF THE SITE

25. HYPERLINKS AND SEARCH RESULTS

26. TERM, SUSPENSION AND TERMINATION

27. ENTIRE AGREEMENT/ SEVERABILITY

28. ASSIGNMENT

29. NO WAIVER

30. THIRD PARTY RIGHTS

31. LAW AND JURISDICTION

32. DEFINITIONS

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 for Ireland (ASAI), the Competition and Consumer Protection Commission (CCPC), and other applicable Irish or EU regulatory 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 support@parcelhero.com, 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 support@parcelhero.com or letter at our registered address of Unit 3D North Point House, North Point Business Park, New Mallow Road, Cork, T23 AT2P, Ireland.

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 as given effect to under Irish law, including the Air Navigation and Transport Acts, the Carriage of Goods by Road Act 1993, and the Merchant Shipping Acts, as amended and applicable in Ireland 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 General Data Protection Regulation (EU) 2016/679 (“GDPR”), the Data Protection Act 2018 (Ireland), and all applicable Irish and EU laws and regulations relating to the processing of personal data and privacy.

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.

Parcel Protection: 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 o, 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: https://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 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 o 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), nes, liabilities, obligations, liens and expenses.

Next Day 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 denied 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 your first 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 your first ever top-up.

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 eect 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 Prole: 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 earlier 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, Parcel Protection.

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 lled in by a User to complete PH Membership.

PH Services: includes 'Sameday Delivery'; Next Day 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 /support/tools including the ‘volumetric weight calculator’, the ‘world clock’, the ‘PH Live Help’, the ‘Parcel Protection 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.

Privacy Policy: means PH’s Privacy Policy which can be found here

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 deemed 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.

Registration Information: refers to the online registration information collected by PH in the online PH Registration Form as further detailed in the Privacy Policy.

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 Proles) 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 Irish law, as administered by the Revenue Commissioners.

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 Ireland.

Working Hours: Monday to Friday 7am – 5pm during Working Days.

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