By using the System and/or the Site you, the User, agree to be bound by the terms of this Agreement with 123Courier.ie
Website Payment Terms
The following are the terms and conditions for use of Freight Speed website or any Internet site to which the website is linked (the 'website') This website is for use by persons who are 18 years and over only.
Website : Payments
Credit card details are entered on a secured page and that they are transferred using SSL or another technology, depending on what applies.
Website: use and security
You are entirely responsible for any and all activities that occur under your account which is provided to you by Frieght Speed Couriers ltd who host the transactional element of the website. You agree to notify us immediately of any unauthorised use or any other breach of security.
Website: privacy and data use
We do not hold any personal data. Instead, personal data is stored on a remote secure server and is the full responsibility of our website hosting company, who is a SAS-70 certified data centre provider. If you have any questions concerning website privacy and data use, we suggest that you refer to our hosting provider; www.his.ie.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the exclusive property of Freight Speed Couriers ltd.
Price of goods
The price listed on the Website (the 'price') for Freight Speed Cargo Ltd. products (the 'products') will be as stipulated at the time when you place your order on the website. We are entitled to make adjustments to the price to take account of any increase in / or the imposition of any new taxes or duties, or if due to an error or omission the price for the products on the Website is wrong
Accordance with specification
All descriptive matter, drawings, pictures, colours, specifications and advertising on the website are for the sole purpose of giving an approximate description of the product.
Disclaimer of warranties
The information contained in the website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the website is provided 'as is' and 'as available' and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.
Limitation of liability
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability to you and/or any third parties for any of the above exceed €200.
Proprietary rights of content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you on the Website by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Modification of terms
We may terminate the Website with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these terms and conditions.
In this Agreement the following terms have the following meanings:
'Cancellation Request' means a request to cancel a job after the job has been provisioned 'Job' means the provision of freight/transport services by a Provider to a User that arises out of a Job Request;
'Job Request' means a request made by the User using the System seeking offers for the provision of freight/transport services from 123courier.ie
'Provider' means any person or entity being a transport services provider who provides the transport service for 123courier.ie
'Provider Services' means the freight (and any other) services that a Provider offers and/or supplies to one or more Users;
'Site' means the website operated by 123Courier.ie
'System' means the system operated by 123Courier.ie as described in this Agreement, and as developed by 123Courier.ie from time to time; and
'User' includes any person that uses the System and/or the Site, including Providers in their capacity as users of the Site.
2. User Eligibility
The User acknowledges and agrees that the System is available only to persons aged 18 years old and over. User represents and warrants that he/she is 18 years old or over. If you use the Site and System as a business entity, you represent that you have authority to bind the entity to this Agreement.
4.1 The site is free to use for Users. When the user accepts a quote
5.1 Users and Providers can cancel a job prior to completion. When a Cancellation Request is made the other party is notified and asked to respond by either agreeing or disagreeing with the reason for the Cancellation Request. If the other party does not respond to the Cancellation Request within 48 hours, the cancellation reason will be automatically accepted and the Job cancelled.
6. Disclaimer and Acknowledgments
6.1 FREIGHT SPEED provides the details of and introduction to Providers on an 'as is' basis and without any warranty, express, implied or statutory as to the quality, efficacy, reliability or other attribute or characteristic of any Provider.
6.2 While 123Courier endeavours to ensure that the Site is accessible at all times, it shall not be liable if it is unavailable at any time or for any period. The User agrees and acknowledges that the Site may experience interruptions and access difficulties from time to time and that 123Courier will not be responsible for such interruptions or access difficulties. To the fullest extent legally possible, 123Courier excludes any representation or warranty concerning Providers, the System, the Site or any third party Site referred to or connected via the Site.
6.3 Without limiting the foregoing, the User acknowledges that:
(a) 123Courier does not check the truth or currency of the material or information that Providers provide or make available to it;
(b) 123Courier does not undertake to prequalify or validate the claims of any Provider including with respect to their insurance (if any) or registration, nor does it endorse or recommend any Provider, nor control, endorse, approve or warrant to the User the merchantability or fitness for any particular purpose of any of the goods or services of third parties (including Providers) referred to at the Site or whose identities become known to User as a result of using the Site, the System or otherwise;
(c) to the extent permissible at law, 123Courier.ie excludes any warranty that anything on the Site or any third-party Site referred to or connected via the Site or System is accurate, complete or up to date, and makes no performance warranty whatsoever concerning anything on or implied from them;
(d) 123Courier.ie does not offer or provide professional advice on the fitness of any goods, services or information supplied by any third parties including Providers. The User should satisfy itself through its own enquiries as to the suitability of any Provider, Provider Services or any other goods and/or services supplied, offered by or recommended on behalf of a Provider. The User agrees to consult professionals for advice that is specifically tailored to the User's particular circumstances;
(e) 123Courier.ie is not a party to any transactions between the User and Providers and the User (and, for the avoidance of doubt, not ) is and shall be responsible for paying the Provider for all Jobs;
(f) the User shall be responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
(g) 123Courier excludes any warranty to the User that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate;
(h) Providers may or may not have insurance - the User must determine this; and
(i) 123Courier.ie shall not be liable for any loss or damage whether directly or indirectly incurred by User or any third person as a result of any failure or delay in FREIGHT SPEED doing any thing, including, but not limited to transmitting any information between Users and Providers or removing any information from the Site or any Provider from the System.
6.4 The User agrees that to the extent permissible at law FREIGHT SPEED and all affiliates and related entities of 123Courier.ie shall have no responsibility for the legality of the actions of other Users.
7. Feedback feature of Site
7.1 The User acknowledges and agrees that 123Courier.ie operates a user feedback system, on which the User may post comments, compliments, criticisms and other observations regarding Providers on the Site. The User may only post comments that are honest, fair and reasonable and which can be substantiated.
7.2 The User acknowledges and agrees that any information or material submitted by it to the Site for inclusion in the feedback system is, and will be treated by 123Courier.ie as, non confidential and non-proprietary and 123Courier.ie may use such material without restriction.
7.3 The User must not post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise reasonably objectionable.
7.4 The User agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively effects other users of the Site.
7.5 The User agrees not to impersonate any other person when posting material to the Site.
7.6 The User acknowledges that any material it posts to the Site may be removed by FREIGHT SEEK from the Site without notice at any time.
7.7 123Courier.ie does not warrant to the User that it or Providers will respond to questions or comments submitted by User to the Site.
8. User Warranties
8.1 The User agrees and warrants to 123Courier.ie that it will:
(a) not use the Site or System for illegal purposes, including without limitation, by posting to the Site information encouraging conduct that would constitute a criminal offence;
(b) not use any feature of the Site to send unsolicited commercial emails to Users, whether individually or as a group;
(c) not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without 123Courier.ie prior written consent;
(d) not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with 123Courier.ie
(e) not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
(f) not take any action that imposes an unreasonable or disproportionately large load on 123Courier.ie infrastructure;
(g) not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to 123Courier.ie or do anythirng that compromises the security of the Site;
(h) not use the Site to engage in misleading or deceptive on-line marketing practices;
(i) not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
(j) provide 123Courier.ie with complete and accurate contact details when using the System enabling Providers to contact User as requested;
(k) complete and pay for any transaction agreed with a Provider using the Site and the System;
(l) not use the Site or System in relation to the actual or proposed transportation of any illegal or prohibited goods; and
(m) not use the Site or System to procure the handling of or the transportation of goods in respect of which User has no title or other right.
9. 123Courier.ie Reservation of Rights
9.1 123Courier.ie reserves the right to:
(a) remove or refuse to post any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or of this Agreement without notice to the User; and
(b) modify or discontinue any services 123Courier.ie offers at any time.
10. Intellectual Property/Use of Material on Site
10.1 All intellectual property rights in information, data and materials used or appearing on the Site including (without limitation) all software, tools, know-how, processes, trade marks, logos and other materials shall remain the sole and exclusive property of 123Courier.ie or its licensors. The User acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of 123Courier.ie intellectual property rights.
10.2 To the extent that User submits any information or material to 123Courier.ie relating to a Job Request or for otherwise posting on the Site, the User automatically grants 123Courier.ie a licence to use the information or material for the purpose for which it is provided.
10.3 The User agrees that information contained on this Site is for personal use only and may not be sold, used or redistributed for any other purpose.
10.4 The User may not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium, except with 123Courier.ie prior written consent.
11. Limitation of Liability
11.1 To the extent permitted by law 123Courier.ie excludes all liability to the User or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data, or loss of or damages to reputation or goodwill) arising out of or in connection with any:
(a) the acts or omissions of any Provider including where the same results in a loss of or damage to goods;
(b) use of the Site or the System or information on or provided through the Site or the System or any information or advice otherwise provided by 123Courier.ie or a Provider, even if 123Courier.ie has been advised of the possibility of such loss or damage; or
(c) the removal or termination of the User's access to the System and Site.
11.2 To the extent permitted by law, 123Courier and all affiliates and related entities of FREIGHT SPEED expressly limit their liability to the User for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at 123Courier.ie sole discretion):
(a) the re-supply of the services provided by 123Courier.ie; or
(b) the payment of the cost of having those services supplied again.
To the extent permissible at law, the User indemnifies and holds FREIGHT SPEED and its parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from and against any claims, demands, proceedings, losses and damages (whether actual, special and consequential of every kind and nature including all legal fees) made by any other User, third party or a Provider arising out of or in any way related to the User's use of the Site or the System, or its breach of this Agreement, or the User's violation of any law or the rights of a third party.
13.1 Without limiting other remedies available to FREIGHT SPEED at law, in equity or under this Agreement, 123Courier.ie may immediately issue a warning or temporarily or indefinitely suspend the User's access to the System and refuse to provide services to the User if:
(a) 123Courier.ie acting reasonably, believes that the User has breached any terms of this Agreement;
(b) 123Courier.ie is unable to verify or authenticate any information that the User provides to it; and/or
(c) 123Courier.ie acting reasonably, believes that the User's actions may cause damage and/or legal liability for 123Courier.ie Provider or other Users.
12.2 123Courier.ie may terminate this Agreement with immediate effect if:
(a) the User breaches any term of this Agreement and such breach is not rectified within seven (7) days of the User being notified by 123Courier.ie accordingly in writing or immediately if such breach is not capable of remedy; or
(b) the User becomes subject to any kind of insolvency event.
14. No Agency
The User acknowledges and agrees that neither FREIGHT SPEED nor the Provider is the User's agent. The User is free to accept or reject its appointment of a Provider at its sole discretion.
15. Circumstances beyond 123Courier.ie control
FREIGHT SPEED will not be liable for any failure or delay in the performance of its obligations to the User if that failure or delay is due to circumstances beyond 123Courier.ie reasonable control including, without limitation, any act of God or other cause including any mechanical, electronic, communications or third party supplier failure.
16. Website Links
16.1 123Courier.ie may provide links and pointers to websites maintained by third parties from its Site which websites are not under the control of 123Courier.ie and 123Courier.ie is not responsible for the contents of any linked website or any website link contained in any linked website.
16.2 FREIGHT SPEED will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by or through any linked websites whether linked to or from FREIGHT SPEED's Site.
(a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(b) The singular includes the plural and vice-versa.
(c) A reference to a person includes any corporation or body corporate.
17.2 Governing Law
This Agreement shall be governed in all respects by the laws of Ireland. The User irrevocably submits to the non-exclusive jurisdiction of the courts of Dublin Ireland
The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed and the remaining provisions shall be enforced.
17.4 No Waiver
123Couriers.ie failure to take action with respect to a breach by the User does not waive 123Courier.ieâ€™s right to take action with respect to subsequent or similar breaches.
17.5 Entire Agreement
This Agreement and those policies incorporated by reference herein set out the entire understanding and agreement between the parties with respect to the subject matter hereof.
Those clauses capable of surviving termination of this Agreement shall do so.
123courier.ie may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the Site