These terms and conditions govern your use of our website (https://smartparcel.ie) your access to, and undertaking and use of our services, your relationship with SmartParcel.ie, the rights, obligations, and responsibilities of all parties to this Agreement. Your attention is drawn to Clauses 9 which set out our liability to you for loss of or damage to goods.
You can access your order details and these terms and conditions at any time online from our website, but we recommend that you store a copy of these terms on your computer or device for your reference offline.
If you do not agree to our terms and conditions, then you must not continue with the purchase of our services.
You expressly warrant with us that you are either the owner or the authorised agent of the owner of any goods or property which is the subject matter of this contract and by entering into this contract you accept these conditions of contract and on behalf of any other persons for whom you are acting. If you have any questions about these terms and conditions, please contact our customer support team using the following https://smartparcel.ie/contact-us
Under no circumstances should You make contact directly with our appointed Carrier.
Please be aware there are certain items that are Prohibited and/or Restricted from our services. Any Prohibited/Restricted item sent will be done so at the customer’s own risk and we would not accept liability on these items.
If you have any questions or don't understand something, just get in contact with us and we'll be happy to help.
1. Definitions
1.1. Smart Logistics Limited with registration number 688687, trading as SmartParcel a company registered in Ireland and located at Unit 2, Riverside Whitestown Industrial Estate Whitestown Road Tallaght Dublin 24 D24 W4Fx (hereinafter referred to as ‘We’ “Us”) is not a common carrier and will accept no liability as such. We provide the following services on our website - Parcel pickup & Delivery, Drop Off parcel and Picknpack service, SmartParcel.ie offers courier services to Ireland, United Kingdom, Europe and all other international destinations (the services). All Parcel carried or transported and other services collection and delivery of the consignments via a third party arranged by us are subject to these conditions and we reserve the right to refuse a booking of carriage or transport of any class of parcels for any particular individual, firm, or company or agent thereof (hereinafter referred to as ‘you’) at our absolute discretion.
Other Definitions:
“Site” -means https://smartparcel.ie/
“Parcel”- means a package with a maximum weight of up to 30 kg (40 kg for transports abroad), a maximum combined length and girth of 3 m, a maximum length of 2 m, a maximum height of 0.6 m and a maximum width of 0.8 m.
“Consignment” - means every package or collection of parcels booked at each individual address via our website.
“Customer/Sender/User”- means the person who books and agrees with Package Delivery to plan for a parcel/consignment to be collected and shipped and is liable for paying the costs involved with each delivery of the parcel.
“Consignee/Receiver” – means the recipient of the package/consignment sent.
“Carrier/Third Party” - means our carrier partners who deliver the parcels/consignments booked via the SmartParcel website.
“Collection Point” - indicates the address from which the carriers are to collect every parcel/consignment.
“Delivery Point” -implies the address to which our carriers would deliver every package/consignment.
“Order”- means order booking made between us and the customer on the web.
“Working Day”- means Monday to Friday from 9 am to 5 pm, except public and bank holidays.
“Us, We or our” - means SmartParcel and its directors, staff of any subcontractor agents or couriers working on its behalf.
“You”-implies the customer for whom we are contracted.
2.1 You agree that by accessing the Site, you have read, understood, and agree to be bound by all of SmartParcel Terms and Conditions. By using the Site or if an account was opened on behalf of an entity, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete.
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity, and you agree to comply with these Terms and Conditions.
(4) you are not under the age of 18.
2.2 The Site is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside must have their parent or guardian read and agree to these Terms and Conditions before using the Site.
2.3 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
3.1 SmartParcel will arrange shipment of the parcel/consignment(s) through a third-party service with the carrier as either chosen by the customer at the time of ordering, or the most appropriate carrier for each delivery.
3.2 SmartParcel reserve the right to without notice - Introduce, change, remove any pricing, Service or discount that is available online.
3.3 All customer services queries/claims must be directed through SmartParcel who will then contact the relevant carrier on the customer’s behalf. If the carrier is contacted directly, SmartParcel may not be able to assist you with your query at a later date and this could also affect your right to make a claim with Smart Logistics Limited.
3.4 We warrant that the services we offer will be provided using reasonable care and skill.
4.1 As a customer you agree to –
(a) Ensure all information supplied on the order is accurate and complete including but not limited to:-
• Number of parcels being sent within a consignment
• Sizes and weights of parcels
• Addresses
• Telephone numbers
• Parcel Contents
• Parcel Value
Any discrepancies in the information supplied may result in a delay in transit, loss, Charges or the parcel being returned to sender. If any additional costs are encountered by SmartParcel due to incorrect information supplied by the Customer, it will be the Customer’s responsibility to cover these costs.
(b) Provide us with such information that we may require to complete the service and to ensure that such information is accurate in all material aspects.
(c) The parcels to be sent are sufficiently packaged in line with our packaging guidelines and understand that SmartParcel reserve the right to refuse an item, and/or any claims for that item based on packaging.
(d) Any service carrying the ‘Printer Required’ logo will need the relevant shipping label printing by the customer and attaching to the parcel. Parcels sent on a ‘Printer Required’ service without the correct documentation will be sent at the customer’s own risk and Charges may arise.
4.2 It is agreed that SmartParcel or the third party courier company shall not be required and that you shall not cause us, to carry anything illegal or unlawful for us to do so. This is within Ireland, UK, Europe or internationally. Should you do this, you will indemnify us against any losses and/or damage that we may suffer as a consequence.
4.3 You agree to only send goods that are or were your property. SmartParcel reserve the right to refuse to carry any parcel which is neither the property of nor sent on behalf of, the customer.
4.4 It is the customer’s responsibility to track their parcel using the tracking number provided while it is in transit. The customer must contact Smart Logistics Limited’s customer service department with any queries or issues they may have over a parcel/consignment.
4.5 All address information supplied on the booking by the customer must be complete and accurate. SmartParcel does require a full postal address and cannot deliver to PO Boxes or such like. Any order returned due to an incomplete or incorrect delivery address will not be refunded and any claims voided. The customer may be obliged to pay any additional costs SmartParcel has encountered.
4.6 The service description for each service must be checked prior to ordering to confirm any service-specific restriction. For example, the item must be in a cardboard box, no signature required or no damage protection available. SmartParcel will not be liable for a parcel being left without a signature or damaged in transit if such restrictions are imposed on the service chosen.
4.7 Should the customer book multiple services carried out by different couriers it is the sender’s responsibility to ensure the correct parcel is given to the correct driver. Should a parcel be given to an incorrect driver, SmartParcel will hold no liability for having this returned and any additional costs SmartParcel encounter can and will be charged to the customer.
4.8 It is important that all the correct information is supplied including the telephone number of the receiver. It is compulsory in relation to our international services. A local delivery point number must be provided in the case of any issues with the delivery. A courier will not phone an Irish landline or Irish mobile number for a parcel travelling internationally to discuss any issues with the delivery. Should a parcel be returned for a reason to do with the delivery and a local number has not been provided the customer will be responsible for any additional costs encountered by Smart Logistics Limited.
4.9 Each parcel or consignment sent through our service must have the correct information and/or shipping label displayed on the box clearly for the courier to see. If this information is incorrect or placed on the wrong box SmartParcel cannot accept any liability for this.
5.1 If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.
5.2 Any consignment (or part thereof) requiring special appliances for loading and/or unloading is accepted for carriage only on the condition that such appliances are available at the relevant collection and/or delivery points. Where such special appliances are not available as aforesaid and if the Company agrees to load or unload such Consignment (or part thereof) the Company shall be under no liability whatsoever to the Customer for any damage however caused, in the course or as a result of loading or unloading such Consignment without such special appliances, whether or not by the negligence of the Company or its servants or agents, and the Customer shall save harmless and keep the Company indemnified against any claim or demand arising out of such loading or unloading.
6.1 The collection date/times and delivery date/times shown on our site are estimates only and are not guaranteed on any service. Collections/deliveries may be delayed for reasons that are out of the control of both SmartParcel and the particular carrier. We reserve the right to not refund all or part of the service in these instances.
6.2 In the event that the relevant courier is unable to collect the consignment or any part thereof and is unable to do so due to no-one being present at the collection point, the address being incorrect or incomplete, goods not being available or ready, the goods not being suitable for transit and other such instances where the driver is not able to complete the collection, the booking will need to be rescheduled. In such instances, the couriers may charge a wasted journey surcharge to cover the costs of their driver attempting at the address and not being able to fulfil the collection request. If such a charge is levied by the courier the charge will need to be paid for by the customer prior to the collection being rescheduled.
6.3 On each of our services offered the couriers commit to attempting to deliver the parcel or consignment at least once, if the consignment cannot be delivered due to not being able to obtain a satisfactory receipt from the address the courier may attempt at an address within close proximity and leave details at the delivery point and/or update this information on the tracking.
6.4 Not all services require a signature to be able to deliver a parcel and some can be left in an area the driver deems as safe. This can include outbuildings, porches, and other such areas on or around the delivery property. In the event a parcel is left in a safe location and indicated as such on the tracking, no claim for loss can be processed. It is the customer’s responsibility to ensure that the service information available on our site is checked for such restrictions.
6.5 Should the parcel be held after a missed or failed delivery attempt it is the Customer’s responsibility to contact SmartParcel arrange collection or re-delivery of the parcel/consignment, failure to do this could result in the parcel being returned and additional Charges being applied.
6.6 Any item travelling in excess of 250 Kilometres is not guaranteed on our Next day or timed delivery services. We reserve the right to not refund all or part of the service in these instances.
7.1 When a courier attempts to deliver a parcel and is unsuccessful this will then be sent back to the local delivery depot where a re-delivery or collection of the parcel can be arranged via SmartParcel website. If no contact to the courier is made within 5 working days of the parcel being held (after the first delivery attempt) the parcel will then be returned and possibly held at Smart Logistics Limited’s office. In such instances, it is at the customer’s own cost and responsibility to arrange a collection from Smart Logistics Limited’s office for the parcel.
7.2 Any parcel returned to SmartParcel office address can be held for a maximum of 10 working days. If, within this time, no arrangement to have the parcel collected and re-delivered or returned is made by the customer, SmartParcel reserve the right to dispose of the item as they see fit. We shall not be liable to you under any circumstances for any loss caused by us exercising this right and you failing to retrieve the consignment in the timescales specified.
(a) Any item that imposes a health and safety risk to any of our employees may and will be disposed of immediately. This will include but not limit to any items containing broken glass, ceramics, resin or other materials of similar consistency.
(b) Where an item is returned and not suitable to be shipped via a courier due to damage, packaging and/or size/weight we will advise the customer that a collection by them must be arranged from our Head Office within a 48-hour timescale. Should a collection not be arranged within the correct timescale, the item will be disposed of as SmartParcel sees fit.
(c) Any item having contained or still contains flammable or hazardous substances will be disposed of immediately upon arrival at SmartParcel office.
(d) Any item leaking any liquid (regardless of the nature of the liquid) will be disposed of immediately upon arrival at SmartParcel registered office.
7.3 SmartParcel will attempt to contact the customer once the item arrives at our office and the customer will be advised of the next steps based on the terms above (7). This contact will include but not be limited to email (using the registered email address on the booking) and/or phone call (using the registered phone number for the customer on the booking).
7.4 SmartParcel will not be liable for either the email address and/or phone number being incorrect for the customer and the parcel may be disposed of if there is no response from the customer within the set timescales, in line with the terms stated in clause 7.
7.5 Some of the services offered do include the item being shipped and sorted through a SmartParcel sorting centre. In such instances it is possible for SmartParcel hold your parcel/consignment if there is cause to do so:
(a) If your item(s) is heavier than declared or larger than declared your item will be held pending any additional Charges that may be applicable to send it onto the intended receiver.
(b) Should your item need to be returned to the customer due to incorrect information being inputted on the booking this will be done by SmartParcel and no refund of the original order will be given.
(c) If your item is received unpackaged or insufficiently packaged, including but not limited to, being received not in a cardboard box, the parcel will be held and a surcharge applied to the order to repackage. The item will not be repackaged or forwarded on until the re-packaging charge is paid.
(d) Any item(s) being received into our sorting centre that is listed as prohibited will not be shipped onto the receiving destination and will be returned to the customer with no refund being applicable. In some cases, it may be possible to remove the prohibited contents from the parcel and ship any other contents that are not listed as prohibited. In these cases, the prohibited items will need to be returned at the customer’s cost or they can be disposed of.
8.1 Whilst using SmartParcel services, you agree that the correct information will be supplied with regards to the parcel/consignment you are sending. Any information that is found to be false may incur additional Charges. This includes but is not limited to a parcel being under-declared on the size, weight, value or number of parcels within the consignment.
8.2 In cases where the service restrictions are not adhered to and items are sent that should not be (for example some of our services do not accept cylindrical items) additional handling Charges may be applied to your account.
8.3 Items that are insufficiently packaged or have little/no packaging on them may incur a packaging surcharge.
8.4 Whilst an item is in transit any change to the address details may incur an additional charge up to but not limited to the full cost of the original booking.
8.5 Changes made to the collection address the day of collection will incur a surcharge to cover the driver attempting that day.
8.6 All Charges that must be paid by the Customer must be received by SmartParcel within 7 working days from request, or the Charges will automatically be taken from the Customer via account funds, PayPal or saved card details.
8.7 Any unpaid Charges after 7 working days from the request that have not been received by SmartParcel may result in SmartParcel restricting the Customer’s account until the outstanding Charge has been paid in full.
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE AND LIMITS OF OUR LIABILITY WITHIN IT
9.1 Nothing in this agreement shall limit or exclude our liability for:
(a) Death or personal injury caused by our negligence
(b) Fraud or fraudulent misrepresentation
9.2 To the greatest extent that is permitted by law, SmartParcel will not be liable for any claim for loss of profit, loss of use of an item, loss of revenue, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of, or in relation to, the service you booked.
9.3 We shall not be liable to you under any circumstances for any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill) or for any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.
9.4 We shall not be liable to you under any circumstances where there are any material discrepancies (meaning more than 5% difference) between the declared dimensions and weights and the actual dimensions and weights.
9.5 We shall not be liable for any items sent that are listed on our prohibited and /or restricted items listed, these will be sent at the customer’s own risk.
9.6 If a number of parcels or individually wrapped goods are sent as one through our service they must be encased within one outer box, as per our packaging guidelines. Failing to do this, any package or individually wrapped item that comes apart in transit resulting in one or more of them being lost, once the remaining parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss of that consignment.
9.7 We shall not be able to accept liability for any parcels that are handed to the wrong courier by the sender or that are left unattended for the collection to occur. It is the responsibility of the customer and/or sender to ensure the parcel is given to the correct courier. Items left unattended will be sent at the customer’s/sender’s own risk.
9.8 Where a parcel is sent on a service that does not require a signature and there is a valid delivery scan no claim for loss can be processed on that booking.
9.9 Should SmartParcel be liable for any reason, we shall (subject to these terms and conditions) only be liable to you up to the following amounts in the following circumstances:
The Limitation on the Amount of our Liability
(a) If the courier loses or damage all of a consignment we shall be liable for €100 per parcel insurance cover for pick up & deliver /picknpack and €25 per parcel Insurance cover for drop off. If the service booked does not include any standard inclusive protection, and no additional parcel protection purchased, we cannot accept any liability for loss or damage.
(b) Where the declared parcel value on the booking is set to €0.00 by a customer, no claim, regardless of the circumstances, will be processed as it will be deemed as being sent with no monetary value.
9.10 For all claims to be able to ascertain the extent of our liability we do require proof of the value of the whole consignment and any part or parts of it which make it up within our required time frames. The proof of value in all cases must be a receipt or invoice for the items.
(a) We will be unable to accept website screenshots, Catalogue print outs or similar item values as proof of value for the item you are sending
(b) We will not be able to accept a proof of value in the format of a Word document.
9.11 For all claims of loss and part loss we must receive proof of loss, in addition to the proof of value, as part of the claim within our required time frames. This is an indication from the receiver that the goods have not been delivered/received.
(a) This needs to be a signed letter from the receiver showing the date and full delivery address. This must be provided as part of the claim.
(b) We will not be able to accept an email as proof of loss as we do require the receiver to sign a letter to advise the goods have not been received.
9.12 We will not be able to accept any claims for damage where the following, in addition to the proof of value, has not been received within our required timeframes:
(a) Photos showing the full extent of the damage to the item
(b) Photos showing the internal packaging used
(c) Photos showing the external packaging used
(d) A quote for the repair to the item
9.13 We shall not accept liability on any damage claims where the packaging does not comply with our packaging guidelines. As a minimum, each parcel should be in a new, undamaged cardboard box that is strong enough to carry the weight of the goods, the goods should not touch any side of the box and must be cushioned using internal packaging that is of at least 5 centimetres thick all over. This can be bubble wrap or foam.
9.14 In all events of damage the item and all external and internal packaging must be kept and made available for inspection at the delivery address if required by the courier for 28 days from the claim submission date. Failure to have the item and packaging available should an inspection be requested could void the claim and we will no longer liable.
9.15 Where there are no physical signs of damage to the item, we will not be liable and no claim will be processed in this event.
9.16 We shall not be liable for damage if the customer choosing a service that does not have damage protection available. It is the customer’s responsibility to check the service restrictions when making the booking.
9.17 Should your item be disposed of due to it being deemed unsafe, health and safety risk or not fit for transportation we shall not be liable in these instances.
9.18 We shall not be liable to you under any circumstance for any loss or damage unless you notify us by contacting our customer service, within 7 calendar days of the collection date. Any claims received after this point will be rejected.
9.19 After notification of making a claim or submitting a claim with missing documents you will have a maximum of 7 calendar days to submit a full claim or send through any missing documents. If this is not received within this time frame the claim will be rejected.
9.20 Should your claim be rejected, and you wish to appeal this decision this must be done within 7 calendar days of the rejection notice being sent. Any appeals received after this date will be rejected and we will not be liable.
9.21 We can only accept, pay and discuss any matters to do with a claim/booking for our services with the person who contracts with Smart Logistics Limited. All other parties are not privy to this information.
9.22 Claims can only be accepted by emailing Info@smartparcel.ie with all necessary information. Claims received in any other method may be rejected and we will not be liable.
9.23 Any item requesting to be returned but later delivered to the original receiver cannot be claimed against as we cannot guarantee to stop the parcel in transit. We cannot be liable for these instances.
9.24 All claims will be submitted to the relevant courier for review. SmartParcel reserve the right not to conclude any claim until a decision from the courier is received.
9.25 SmartParcel reserve the right to reject any claim should any of the above terms not be met
10.1 We shall assume, for the purposes of this Agreement, that you are the sole owner of every item dispatched in the Consignment but if any other person makes a claim against us for loss of or damage to any such items beyond our liability to you then you agree that you shall indemnify us against any losses or liabilities that we suffer through that claim (including all legal costs and expenses) and you agree that we shall have no liability to you in these circumstances, regardless of whether such claims exceed any limitations of liability set out in this Agreement.
10.2 You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by deficient or ambiguous labelling of such Consignment.
10.3 You agree to indemnify us against any losses or liabilities that we may suffer through a breach by you of any of your obligations set out in clause 4.
11.1 If we are requested to collect from, or deliver a Consignment to, a country outside of Ireland, the United Kingdom and Europe, our terms of liability (subject to clause 9 above) shall be governed by the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (“the CMR Regulations”) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into this Agreement and will apply in place of any inconsistent terms within this Agreement. You will be deemed to have read, understood and agreed to them and their incorporation into this Agreement.
11.2 In relation to that part of any carriage performed by air and if the transit by air involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention as amended may be applicable and the Convention governs, and in most cases limits, the liability of the Company in respect of loss of or damage to consignments.
11.3 We shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through a delivery of any Consignment, and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing a booking with us. If any such charges become due as a result of a delivery of a Consignment on your behalf and are charged to us by any competent authority you agree to reimburse us fully in respect of the same within 7 working days of our demand.
11.4 We supply documents that are necessary to travel with your parcel for the use of customs and other such departments whilst the parcel is in transit. Neglecting to print or attach these documents to your parcel or not completing them in full may result in your parcel being delayed or returned. SmartParcel will not be liable in such instances and no refund will be processed. It is the customer’s responsibility to ensure that all the correct and necessary paperwork is accompanied with the parcel in transit and that it is fully completed and accurate.
11.5 It is the customer’s responsibility to ensure that they have satisfied the needs of the receiving country when sending a parcel through us and that the receiver has the necessary documents or clearance to import into that country. SmartParcel will not be liable for any parcels returned due to the receiver not having the necessary documents or clearance to accept the parcel. Any return charges incurred due to this will be surcharged to the customer.
11.6 This policy also applies to imports where the receiver is liable for all customs taxes, duties and other Charges
12.1 Cancellation of a booking must be received by 10 pm the day before the collection date, any cancellations received after this time we reserve the right to charge a cancellation fee that will be deducted from the refund amount.
12.2 All cancellations must be submitted to our customer service team with full detail as to why the service is no longer required.
12.3 Any cancellations received on or after the date of collection SmartParcel reserve the right to charge a cancellation fee equivalent to the couriers wasted journey charges, deducted from the refund amount providing the item has not been collected.
12.4 If the courier attempts to collect the parcel after you have requested a cancellation, you should refuse to hand over the parcel(s). If the parcel is collected, no refund will be issued.
12.5 Any cancellations received after the item has been collected will result in the consignment being requested to be returned to you and no refund will be given. In most circumstances, a return charge will also be levied against the booking. Please note we do not guarantee we will be able to stop delivery of a parcel and if the parcel is delivered, we will not be liable.
12.6 Should any Charge be levied outside of the service charge and this Charge is paid by the customer these will be non-refundable unless sufficient proof can be supplied to prove these Charges were raised in error either by SmartParcel or the courier. Sufficient proof can include but is not limited to photographic evidence and/or customer’s statements.
12.7 Transaction fees paid due to certain payment types are non-refundable.
12.8 All requests for a refund must be received within 28 days of the date the booking was made. A request received after this date - we reserve the right to decline.
12.9 We will not be held responsible for wrong information that is entered on a booking. We shall not be liable for any costs or losses that you may suffer arising directly or indirectly from our failure or delay to perform any of our obligations due to this.
12.10 All refunds will be returned via the original method of payment unless stated in your refund request that you would prefer the funds to be added to your SmartParcel account funds.
12.11 We shall not be liable for refunds where delays in service are caused by Acts of God, (including, but not limited to, adverse weather conditions that may cause immediate and future delays on all services).
12.12 We shall not, in any circumstances, be liable to you for any refunds where our Terms and Conditions have not been fully complied with including any items sent on the Prohibited and /or Restricted items list.
13.1 Our full Acceptable Use Policy https://smartparcel.ie/, sets out all the permitted uses and prohibited uses of this site.
13.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
13.3 As a user of this Site, you agree not to:
● systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences
● Use a buying agent or purchasing agent to make purchases on the Site
● Use the Site to advertise or sell goods and services
● Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
● Engage in unauthorized framing of or linking to the Site
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
● Make improper use of our support services, or submit false reports of abuse or misconduct
● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
● Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
● Attempt to impersonate another user or person, or use the username of another user
● Sell or otherwise transfer your profile
● Use any information obtained from the Site in order to harass, abuse, or harm another person
● Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise
● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
● Attempt to access any portions of the Site that you are restricted from accessing
● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
● Delete the copyright or other proprietary rights notice from any of the content
● Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
● Use the Site in a manner inconsistent with any applicable laws or regulations
● Threaten users with negative feedback or offering services solely to give positive feedback to users
● Misrepresent experience, skills, or information about a User
● Advertise products or services not intended by us
● Falsely imply a relationship with us or another company with whom you do not have a relationship
14.1 Unless specifically agreed otherwise, working days do not include – Saturdays, Sundays, Public Holidays or Bank Holidays.
14.2 We will not provide any refund or reduction of charges if we receive less than the number of parcels for which you have contracted.
15.1 This Agreement, the Warsaw and Montreal Conventions (so far as they are applicable) shall constitute the entire contract between us and you and the contract shall not incorporate or be deemed to incorporate any provisions of any other documents. In addition, this contract and the documents referred to above shall supersede any previous contract, warranty or representation made or given by us relating to the Service(s).
16. Termination16.1 This Agreement may be terminated by either party giving to the other one month’s previous notice in writing to that effect or forthwith if the other party shall commit any breach of its obligations hereunder or (being an individual) shall commit an act of bankruptcy or (being a Corporation) shall go into liquidation other than for the purposes of reconstruction or amalgamation, or shall suffer the appointment of an administrator or a receiver of any of his or its property or income or make any deed or arrangement with or composition for the benefit of any of his or its creditors.
17. Variation17.1 No variation, extension or cancellation of the expressed terms of this Agreement (other than the Schedule) shall be binding upon the Company unless and until it is confirmed in writing under the hand of a Director of the Company and, for the avoidance of doubt, it is declared that no person other than such Director has authority to negotiate or enter into any commitment on behalf of the Company the effect of which would or might (but for this present clause) involve the Company in any legal liability whatsoever.
18. Applicable Law
18.1 This agreement and any dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Irish Law.
18.2 You irrevocably agree, for our sole benefit that, subject as provided below, the Irish Courts shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions prevent us from taking proceedings in any other jurisdictions, whether at the same time or not, to the extent permitted by the law of that other jurisdiction
19.1 We aim to provide outstanding customer service. If you have any complaint about the service you have received from us, please contact our Complaints Department by writing to us at our office address or emailing Info@smartparcel.ie. Please allow 7 working days for a response to any written correspondence
