1.1 In these terms and conditions, and unless the context requires otherwise, the following definitions will have the meaning set out in this clause 1.1:
"Accepted Quotation" means a quotation provided by a Transport Provider and accepted by a Customer, or the Customer's acceptance of a Book Now Price;
"Agreement" means the agreement between HandyVan and the Customer on the terms of these terms and conditions;
"Book Now Price" means the facility allowing a Customer to accept a fixed price and make a confirmed booking;
"Booking Fee" means the fee payable by a Customer to HandyVan following acceptance by the Customer of an Accepted Quotation;
"Customer" means a person (including any company) who uses the website and/or makes a Request for Quotation and/or accepts a Book Now Price, and "You" and "Your" shall be construed accordingly;
"Delivery" means the delivery carried out by the Transport Provider in accordance with the Delivery Contract;
"Delivery Contract" means the contract entered into between a Customer and a Transport Provider pursuant to which the Transport Provider will deliver the Customer's goods, as more particularly described in the Request for Quotation;
"HandyVan" means HandyVan.com a trading name of Return Loads LLP
"Parties" means both Customers and Transport Providers and "Party" shall be construed accordingly;
"Quotation" means the quotation provided by a Transport Provider to a Customer following a Request for Quotation;
"Request for Quotation" means the request made by a Customer through the Site and which is responded to by Transport Providers;
"Services" means the services provided by HandyVan to the Customer, as more particularly described in clause 6;
"Site" means www.handyvan.com or such other site as HandyVan may refer You to from time to time;
"Transport Provider" means a delivery company who fulfils a Delivery Contract;
1.2 A reference to a company shall include any company, corporation or other body corporate, wherever and howsoever incorporated or established.
1.3 Words in the singular shall include the plural and vice versa.
1.4 A reference to one gender shall include a reference to the other genders.
1.5 A reference to any party shall include that party's personal representatives, successors or permitted assigns
2. WEBSITE AVAILABILITY
2.1 HandyVan shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
2.2 Access to the Site may be temporarily suspended and without notice in the case of a system failure, maintenance, modification or repair or for any reasons beyond HandyVan's control.
3.1 HandyVan does not warrant the accuracy or completeness of the content of the Site, that the material on the Site is up to date or that the Site will be free of defects or viruses. HandyVan may make changes to the content of the Site at any time and without notice.
3.2 You agree to use the Site in good faith and are prohibited from using, uploading or transmitting to or from the Site any material:
3.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
3.2.2 which You have not obtained all necessary licences and/or approvals to use;
3.2.3 which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or
3.2.4 which is technologically harmful (including, without limitation, computer viruses, macro viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
3.3 You may not misuse the Site or cause the Site to be interrupted, damaged or rendered less efficient, such that the effectiveness or functionality of the Site is impaired.
3.4 HandyVan will co-operate fully with any law enforcement authorities or court order requesting or directing HandyVan to disclose the identity of, or locate, anyone uploading any material in breach of this clause 3.
4. LICENCE TERMS
4.1 The Site, its design and construction, any materials on it and other intellectual property are owned wholly and exclusively by HandyVan, and shall remain the property of HandyVan at all times.
4.2 You agree not to copy, reproduce, store (in any medium or format), distribute, transmit, modify, decompile, disassemble or reverse engineer all or any part of the Site, the software or the materials on it.
5.1 You warrant that the name, address, company details (where relevant) and any other information that You provide when You register are full, accurate and complete in all material respects. You further warrant that You have the capacity and authority to undertake this Agreement.
5.2 Your registration with HandyVan is personal to You, and You warrant and represent that You will not transfer Your membership to any third party, nor allow any third party to use Your username and password, whether such username and password is provided to You by HandyVan or otherwise.
5.3 Responsibility for the security of Your username and passwords rests with You and You are responsible for all actions taken under that username and password. You shall only use the Site under Your own username and password.
6. THE SERVICES
6.1 HandyVan provides an introduction service through the Site which allows Customers and Transport Providers to meet and enter into negotiations with a view to entering into a Delivery Contract.
6.2 The Delivery Contract is personal to the Customer and the Transport Provider, and HandyVan shall have no involvement in the Delivery Contract, and the Customer hereby expressly agrees and acknowledges that HandyVan is not a party to the Delivery Contract.
6.3 HandyVan has no control over the quality, safety, or legal aspects of the Delivery carried out by a Transport Provider following the conclusion of a Delivery Contract, or over quotes that a Transport Provider places through the Site.
6.4 It is Your responsibility to select a suitable Transport Provider for the provision of the Delivery, and it is Your responsibility to accept the terms of a Quotation and to negotiate the terms of the Delivery with Your selected Transport Provider.
7. FEES AND CHARGES
7.1 Upon acceptance of an Accepted Quotation by a Customer, the Customer shall pay to HandyVan the Booking Fee.
7.2 HandyVan will charge the Customer a Booking Fee, which is equal to either a percentage of the transportation costs agreed, or a minimum fee.
7.3 The obligation of the Customer to pay the Booking Fee is independent of the performance of the Delivery by the Transport Provider.
7.4 The balance of the Accepted Quotation, being the difference between the value of the Accepted Quotation and the Booking Fee paid by the Customer, is payable directly to the Transport Provider according to the terms of the Delivery Contract. [HandyVan shall not be responsible for effecting this payment through the Site.]
7.5 All Quotations provided to a Customer by HandyVan through the Site are inclusive of VAT and, where applicable, any local taxes.
7.6 HandyVan reserves the right to change the basis for the calculation of the Booking Fee at any time. For the avoidance of doubt, any changes to the calculation of the Booking Fee will not apply to Accepted Quotations accepted by a Customer but where the ensuing Delivery Contract has yet to be performed or entered into.
8. CANCELLATIONS AND REFUNDS
8.1 Customers and/or Transport Providers will negotiate the terms of the Delivery Contract directly once there has been acceptance of an Accepted Quotation by the Customer.
8.2 Notwithstanding the terms of clause 8.1, either party may withdraw from the process prior to the entry into by the Parties of the Delivery Contract.
8.3 Where the Delivery Contract is not concluded, the Customer will be required to notify HandyVan of the reason for such non-completion ("Confirmation of Cancellation"). The appropriateness or otherwise of the reason for such non-completion will determine whether HandyVan, acting always in its absolute discretion, makes a refund of the Booking Fee to the Customer. By way of guidance HandyVan will only consider a refund of the Booking Fee in circumstances where the Transport Provider has been unable or unwilling to agree the terms of the Delivery Contract and subject always to the terms of clauses 8.5 and 8.6. HandyVan will not consider any claim for refund that is made more than 28 days after the date of the Accepted Quotation.
8.4 Following Confirmation of Cancellation by the Customer pursuant to clause 8.3, HandyVan will notify the Transport Provider of its receipt of the Confirmation of Cancellation ("Cancellation Notice"). Such notice will only be effective if given on a Monday to Friday inclusive of each week (not including bank holidays.
8.5 In the event that the Transport Provider has not responded to the Cancellation Notice within 24 hours of notification HandyVan reserves the right to find an alternative Transport Provider.
8.6 In the event that HandyVan issues a Cancellation Notice in accordance with clause 8.4, and the Transport Provider disputes the terms of the Cancellation Notice, HandyVan will mediate between the Parties to resolve any dispute. HandyVan's decision shall be final and binding on the Parties.
8.7 For the avoidance of doubt, notwithstanding the foregoing provisions of this clause 8, HandyVan shall be under no obligation to refund the Booking Fee to the Customer following receipt of a Confirmation of Cancellation.
8.8 Where HandyVan does make a refund of the Booking Fee to the Customer, the Customer shall allow up to seven working days for the refund to be received.
9. PROHIBITED GOODS
9.1 Certain goods may not be transported due to their hazardous, dangerous or illegal nature ("Prohibited Goods"). The Customer must not post Requests for Quotations in respect of Prohibited Goods without fully disclosing their exact nature. If You are unsure of the legality of Your goods, You must not post a Request for Quotation.
9.2 Full responsibility for compliance with all laws and regulations that relate to the transportation of Prohibited Goods rests with the Parties to the Delivery Contract.
9.3 No representation is made or warranty given as to the content or usability of any directions or their appropriateness for any particular journey or vehicle given by HandyVan or through any third party link. HandyVan assumes no responsibility for any loss, damage, or delay whatsoever resulting from the use of, or reliance on, such information.
10. LIMITATION OF LIABILITY
10.1 To the extent permitted by law, HandyVan hereby excludes:
10.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; or
10.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the provision of the Services or the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for reasonably foreseeable losses or unforeseen loss or any indirect or direct losses which may be suffered by the Customer (or any person claiming under or through the Customer), and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
10.1.2.1 loss of profits;
10.1.2.2 loss of anticipated savings;
10.1.2.3 loss of business opportunity;
10.1.2.4 loss of goodwill;
10.1.2.5 loss of data;
10.1.3 any loss arising out of a Transport Provider's performance under the Delivery Contract.
10.2 HandyVan's maximum liability arising out of the performance or non-performance of the Services, or from the Customer's use of the Site, shall be limited in any event to £10,000.
10.3 HandyVan does not exclude liability for death or personal injury arising from its negligence or for any other liability which cannot be excluded or limited under applicable law.
HandyVan reserves the right to terminate the Customer's access to the Site without prior notice where the Customer is:
11.1 proven to be insolvent;
11.2 in HandyVan's reasonable opinion, acting in breach of this Agreement.
12.1 HandyVan uses a system of feedback evaluations from Customers and Transport providers to monitor the Parties' performance in the course of the Delivery Contract. Customers and Transport Providers are then able to base their decision to accept a Quotation from a Transport Provider, or to respond to a Request for Quotation from a Customer, on these ratings.
12.2 Ratings on the performance of a Party can be made in the form of positive, neutral or negative ratings along with a general comment. An overall feedback score for a particular Party is the mean of the ratings that they have received.
12.3 You accept and agree that other Parties will leave feedback about You and that Your overall feedback rating will be calculated in accordance with condition 12.2. You further agree that You will not use any feedback received on the Site on any venue or website that is not the Site. HandyVan does not review all feedback and You acknowledge that HandyVan is in no way liable for the content of any feedback about you.
13. PRIVACY AND USE OF CUSTOMER DATA
14. USE OF LINKS
HandyVan may provide links from the Site to websites that are owned and/or controlled by third parties. These links are provided for convenience only and HandyVan has no control over and accepts no liability in respect of the content of third party websites.
15.1 HandyVan gives no warranty that any or all of the content of the Site may be lawfully viewed or downloaded outside England and Wales. You will be responsible for compliance with local laws if and to the extent local laws are applicable.
15.2 No failure or delay to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
15.3 None of the provisions of this Agreement are intended to be for the benefit of, or enforceable by, third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
15.4 This Agreement constitutes the entire agreement between HandyVan and the Customer and supersedes all previous agreements, trade custom, practice or course of dealing and arrangements (if any) whether written, oral or implied between HandyVan and the Customer relating to the Services and all such agreements still effective at the date of this Agreement (if any) shall be deemed to have been terminated by mutual consent but without prejudice to any rights which have arisen prior to such termination. The Customer acknowledges that, in entering this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this Agreement as a warranty or representation. The only remedy available to the Customer for breach of such warranties or representations shall be for breach of contract under the terms of this Agreement. Nothing in this clause 15.4 shall operate to exclude or limit the liability of HandyVan or the Customer in respect of fraud.
15.5 Any and all notices to be given by either HandyVan or the Customer to the other pursuant to or in connection with this Agreement shall be deemed sufficiently given when forwarded by e-mail addressed to You at the e-mail address You have given to us when registering with the Site, or to HandyVan at the e-mail address displayed on the Site
15.6 This Agreement is governed by the laws of England and Wales and HandyVan and the Customer hereby submit to the exclusive jurisdiction of the English courts.