Terms and Conditions

Terms and Conditions

These terms and conditions are the contract between you and Real-Time Courier

Services Ltd (“us”, “we”, etc).

By visiting or using Our Website, you agree to be bound by them. They protect your rights as well as ours.

We are Real-Time Courier Services Ltd, a company registered in England and

Wales, UK. Company number 13199303.

Our address is Unit 157, 33 Great George Street, Leeds, England, LS1 3AJ You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

These are the agreed terms

1. Definitions
“Content”means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Intellectual Property”means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices that are owned or operated by us.
“Services”means the service provided from Our Website.
2. Children on Our Website

2.1.     Whatever the age of consent in your country, we are anxious that they should be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:

2.2.     In the children categories, our volunteers have checked both the entries and, where relevant, the links.

2.3.     We do not knowingly collect personal information from any person under the age of 16 years.

2.4.     Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content.

2.5.     It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.

2.6.     Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.

2.7.     Filter software may also be useful to you.

2.8.     You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of site accessible by a link from Our Website.

2.9.     You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.

3. Intellectual Property

You agree that at all times you will:

3.1.     not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.

3.2.     notify us of any suspected infringement of the Intellectual Property;

3.3.     so far as concerns our work provided or made accessible by us to you, you will not:

3.3.1     copy, or make any change to any part of its code;

3.3.2     use it in any way not anticipated by this agreement;

3.3.3      give access to it to any other person than you, the licensee in this agreement;

3.3.4      in any way provide any information about it to any other person or generally.

3.4.     not use the Intellectual Property except directly as intended by this agreement or in our interest.

4. Disclaimers and limitation of liability

4.1.     The law differs from one country to another. This paragraph applies so far as the applicable law allows.

4.2.     All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

4.3.     You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

4.4.     Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.

4.5.     The Website and our Services are provided “as is”. We make no representation or warranty that Our Website will be:

4.5.1     useful to you;

4.5.2     of satisfactory quality;

4.5.3     fit for a particular purpose;

4.5.4     available or accessible, without interruption, or without error.

4.6.     We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

4.7.     We accept no responsibility for third party advertisements which are posted on Our Website or through the Services;

4.8.     We shall not be liable to you for any loss or expense which is:

4.8.1      indirect or consequential loss; or

4.8.2      economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

4.8.3    The liability of the Courier in the event of loss of or damage during transit of the Goods (where the Courier’s liability is not otherwise excluded) shall not exceed the declared value of the Goods specified or otherwise declared by the Customer (and pro rata in the case of an event affecting part only of the goods) or the cost of repairing any damage or of reconditioning the Goods subject always to a maximum liability of £10,000 per Consignment/load or part thereof in the case of an event affecting part only of the Consignment. Where the Customer requires a higher value of cover this shall be provided for by the Customer. The value of the goods lost or damaged shall be taken to be their invoice value if they have been purchased by the Customer or otherwise shall be taken to be the replacement cost to the owner at the commencement of transit and in all cases, shall be taken to include any Customs and Excise duties or taxes payable in respect of the Goods provided always that the Courier shall be entitled to proof of value of the Consignment or any part of it.

4.8.4 The liability of the Courier for delay in delivery (where the Courier’s liability is not otherwise excluded) shall not exceed a sum equal to the carriage charges or a proportion of those charges in the case of an event affecting part only of the Goods.

4.8.5 The Courier shall not be liable for any physical loss, mis-delivery or damage to any Theft Attractive Goods, unless the Courier has specifically agreed in writing prior to transit commencing to carry such items and the Customer has agreed in writing to reimburse the carrier in respect of all additional costs including insurance costs, which result from the carriage of the said items and the loss mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the Courier its servants or agents.

4.8.6 The Courier shall not, in any event, be liable for any consequential loss whatsoever and howsoever arising (including in relation to Theft Attractive Goods) which shall include without limitation, all economic losses,

loss of profits, increased management or labour costs, loss of future business, loss of reputation and goodwill, loss of market or falls in prices of whatever nature and all other damages costs or expenses or other indirect losses, including any liability to or claims by any third party.

4.9.     This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act as well as to ourselves.

5. Miscellaneous matters

5.1.     Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018.

5.2.     If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

5.3.     No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

5.4.     Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

5.5.     The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

6. Delivery

6.1 The Customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with good practice and any applicable statutory requirements and is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.

6.2 The Carrier will use all reasonable efforts to collect and deliver the Consignment within the times specified for collection and delivery by the Carrier when confirming a Booking but unless otherwise agreed these are estimates only and time is not of the essence.

6.3 Unless the Carrier has otherwise agreed in writing with the Customer:

6.3.1 the Carrier shall not be required to provide any labour or special equipment for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier; and

6.3.2 the Customer warrants that it will provide or procure any special equipment required for loading or unloading the Consignment and shall indemnify and hold harmless the Carrier for any damage to the Consignment or the Carrier, however caused, if the Carrier is instructed to load or unload any Consignment requiring special equipment where such equipment has not been provided or procured by the Customer.

6.4 The Carrier shall under no circumstances be liable to the Customer for any loss of or damage to:

6.4.1 the Consignment; or

6.4.2 any property of the Customer in connection with or arising out of:

or unloading of the Consignment (other than that carried by the vehicle used by the Carrier);

6.4.4 the Carrier’s entry onto the premises of the Customer or Consignee in the course of collecting or delivering the Consignment; or

6.4.5 the Carrier otherwise providing to the Customer (whether for the benefit of the Customer or the Consignee) any services (whether or not the Customer and/or the

Consignee assist in such provision) that are beyond the scope of the services that would usually and reasonably be expected of a point-to-point courier.

6.5 The Carrier shall not be required to provide the Out of Scope Services (in whole or in part) to the Customer (whether for the benefit of the Customer or the Consignee), unless such provision is provided for in the Customer’s Booking and confirmed by the Carrier.

6.6 The Customer shall indemnify and keep indemnified the Carrier and its affiliates, contractors, agents, directors and employees against all losses, liabilities, damages, claims, actions, proceedings, expenses and costs (including legal and professional costs) that the Carrier and/or such related parties suffer or incur arising out of or in connection with the Carrier’s provision of the Out of Scope Services (whether or not the Customer and/or the Consignee assist in such provision), including but not limited to any claim by the Consignee that

the Carrier’s provision of the Out of Scope Services has caused any loss of or damage to the Consignment or the property of the Consignee.

6.7 The Carrier shall deliver Consignments according to such route as it in its absolute discretion thinks fit.

7. Excluded Goods

7.1 Unless pre-agreed with the Courier in writing, the Customer shall not submit for carriage and the Courier may at any time abandon the carriage of any Goods of a type specified in clause 7.3 below.

7.2 If the Courier abandons goods in pursuance of clause 7.1 above, they shall immediately notify the Customer of the circumstances but shall be under no liability in respect of the safe keeping of the abandoned Goods.

7.3 The following are excluded goods:

7.3.1 Explosive and inflammable articles, firearms including parts of any firearms, ammunition and detonators

7.3.2 Dangerous or hazardous goods

7.3.3 Any article the possession of which in or the importation of which into any country from through or to which the carriage is to take place is illegal or prohibited

7.3.4 Small plant/machinery

7.3.5 Any written printed or pictorial matter which is obscene, blasphemous, scandalous, defamatory or proscribed or prohibited

7.3.6 Human remains

7.3.7 Livestock

7.3.8 Refrigerated or frozen goods.

8. Quotations and Invoicing

8.1 All work undertaken prior to a Customer obtaining credit facilities with the Courier must be paid for in advance or upon collection of the Consignment by the Courier, without exception.

8.2 In all cases where the Customer is a private or non-corporate customer, then payment must be made in advance, or upon collection of the Consignment by the Courier, without exception.

8.3 Any waiting time will be charged at the Courier’s standard rate per hour. Waiting time (when applicable) will be charged in addition to any agreed quotation. Waiting time is charged after fifteen minutes.

8.4 Any unforeseen charges accrued by the Courier in carrying out a delivery are chargeable on top of any quotation given. For example, but not limited to: road tolls, waiting time, additional collection or delivery points.

8.5 In the case where an invoice has been supplied and paid in advance of a job commencing, then any extra charges accrued by the Courier will be charged on a separate invoice.

8.6 Any jobs cancelled once booked, are subject to a cancellation charge at the Courier’s standard rate.

8.7 Any non-fault fines incurred by the Courier in carrying out a delivery are chargeable on top of any quotation given. For example, but not limited to: parking fines where no loading facilities are available, weight related fines where the Courier has informed the Customer of the vehicle capacity, but the load given by the Customer exceeds this without the Courier giving prior written consent to carry the extra weight.

8.8 The Customer agrees to be bound by the Courier’s Credit Terms and Conditions.

8.9 All mileage-based quotations are calculated on the quickest route using live traffic. All quotations are also subject to other charges, as per the Courier’s Standard Rate Card.