EPENNY BOOKING PLATFORM

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “service provider,” “driver,”) and ePenny (“Company,” “ePenny,” “we,” “us,” or “our”), concerning your access to and use of the https://epenny.uk website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the United Kingdom and have our registered address: 6 Park View, London, N21 1QX, United Kingdom | Company number: 13020874. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

ePenny offers man and van service providers across the UK the chance to have their quotes appear live online for customers to book instantly. Man and van drivers wishing to use the ePenny service acknowledge having read and agreed to the following Terms and Conditions:

ePenny is a booking agent for independent Man + Van operators. ePenny takes no responsibility for the individual actions of any man + van operators. All independent Man + Van operators will on request provide you with their driving licence and insurance documentation. These terms and conditions will apply when you access the website (the ‘Website’) and should be read in conjunction with the Privacy Policy and other applicable terms which may relate to the services provided through the Website. If you use the Website you agree to be bound by these terms and conditions.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site as a service provider.

ePenny reserves the right to terminate this agreement with a service provider for a material breach of these terms.

2. INTELLECTUAL PROPERTY RIGHTS

Each Man and Van service provider chooses their own logo or profile picture when registering with ePenny. We hold no responsibility for the images displayed on providers’ profiles. If you believe there is a copyright infringement, please contact ePenny, and we will promptly remove the image.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

User Warranties

By using the Site, 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 it as necessary; (3) you have the legal capacity to agree to these Terms of Use; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

Account Accuracy and Security

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account. We may also deactivate an account at any time if we suspect a breach of these Terms and Conditions, in the event of abusive or threatening behaviour, or if we believe the security of the ePenny Site is at risk.

Breach of Terms and Consequences

If you breach, or are suspected of breaching, any part of these Terms and Conditions, we reserve the right to take any of the following actions, with or without notice:

Temporarily suspend or permanently terminate your account and access to the Site.

Withhold any payments due to you pending the outcome of an investigation, particularly in cases of suspected fraud, customer disputes, or financial misconduct.

Remove or edit any content you have posted that is found to be in violation of our policies.

Take technical measures to prevent your future access to the Site, including blocking IP addresses.

Pursue appropriate legal action as necessary.

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

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 of the Site and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

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.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the Site.

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.

Use the Site to advertise or offer to sell goods and services.

Sell or otherwise transfer your profile.

5. GUIDELINES FOR REVIEWS

All users providing reviews or other content on our platform must adhere to our full Customer Review Policy, which is incorporated into these Terms and Conditions.

Reviews must be truthful and based on a genuine, first-hand experience. In line with UK law, fake reviews and undisclosed incentivised reviews are prohibited. We investigate reported content and will remove any that violates our policy, but we do not suppress or remove genuine reviews simply because they are negative.

By posting a review or any other content on our site (“User Content”), you grant ePenny Ltd a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right to reproduce, modify, translate, distribute, and display that content.

6. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

7. THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

9. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United Kingdom. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.

10. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

11. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

13. GOVERNING LAW 

These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. ePenny Logistics Ltd (“Company,” “ePenny,” “we,” “us,” or “our”) and yourself both agree to submit to the non-exclusive jurisdiction of the courts of London, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.

14. DISPUTE RESOLUTION

Our Commitment to Resolution

We are committed to resolving any issues fairly and promptly. If you have a complaint regarding a service provided by a driver, we strongly encourage you to contact us directly in the first instance. This gives us the opportunity to investigate the matter thoroughly and work with you and the service provider to find a satisfactory resolution.

Your Statutory Rights

Please note that our internal complaints process does not affect your statutory rights. You are free to leave a review detailing your genuine experience on any platform at any time. We believe that engaging with our resolution process first is the most effective way to solve problems, but it is not a mandatory requirement before sharing your feedback publicly.

Customer-Provider Complaints Process

Initial Complaint: We will inform a driver via email of any complaint submitted by a customer. We allow 7 working days from that initial email for the driver to respond. If no response is received, we will send a follow-up email. In the event of continued non-response, ePenny will resolve the complaint on the driver’s behalf.

Lapsed Complaints: Any complaint under investigation will be considered closed if the customer fails to respond to our correspondence for a period longer than 28 days.

Mediation Service: If a complaint cannot be resolved directly, we offer the option of a one-hour Complaint Mediation Telephone Appointment between the customer, the driver, and a ePenny mediator. Service providers are expected to make themselves available for this process. If a driver fails to participate, ePenny may settle the complaint on their behalf.

Court Proceedings: In the event a dispute between a customer and a service provider proceeds to Court, ePenny may, upon the driver’s request, assist in issuing a claim notice for disputes over £500. The driver remains solely liable for any resulting counterclaim.

Disputes with ePenny Logistics Ltd (Formal Negotiations and Arbitration)

Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration: Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Southampton, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

15. WHAT WE DO

We aim to provide a pier-to-pier sharing platform where you (“the customer”) and businesses that provide transport services (“service providers”) can find each other. ePenny does not provide any transport services whatsoever.

It is up to you to select the transport supplier on the basis of the service you require.

Please note that with regard to any transaction made between you and your chosen service provider, the resulting legal contract is between you both and not between you and ePenny.

The drivers allocated and scheduled to service your specified needs are not employees of ePenny and are self-employed or registered company contractors who operate their own vehicles.

15.1 REFERRAL PROGRAM

Our Referral Program allows users to share a unique referral link. When a new customer visits our website through a referral link and books a service priced at £175.00 or more, the new customer will receive a 10.00% discount on their booking. To qualify for these rewards, the referred booking must be completed and paid in full. ePenny reserves the right to modify or terminate the Referral Program at any time without prior notice.

A, Eligible Referrer

To be “Eligible,” a Referrer must:

Be a legal resident of the United Kingdom; and

Be at least 18 years old.

B, Making a Referral

Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with ePenny or participate in the program using multiple or fake email addresses or identities.

16. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. However, we do not guarantee that any such errors, inaccuracies, or omissions will be corrected immediately.

17. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN UK LAWS, INCLUDING THE CONSUMER RIGHTS ACT 2015, DO NOT ALLOW DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

23. FEES

Payment and Invoicing Policy

Initial Payment: ePenny collects an initial payment to secure the booking date and time. This payment is calculated based on the total booking price.

Outstanding Balance: Customers are required to pay the remaining balance directly to the assigned service provider upon job completion. Payment methods may include cash, credit card, or debit card, as agreed directly with the service provider.

Receipts and Invoices: ePenny provides a receipt for the initial payment and can issue a formal invoice upon the customer’s request. The service provider is solely responsible for issuing a receipt or invoice to the customer for the outstanding balance paid to them.

VAT Responsibility: Service providers are responsible for managing and remitting any applicable VAT on the services they provide. Unless explicitly stated otherwise, all prices quoted are exclusive of VAT.

Liability Disclaimer: ePennys acts solely as a platform to connect customers with service providers. We do not assume responsibility for a service provider’s compliance with their tax or invoicing obligations.

Non-Payment

In the event of non-payment to a service provider, we reserve the right to engage a third-party debt collection agency. Outstanding debts may be reported to credit reference agencies after reasonable attempts to recover the payment have failed, which could affect your credit rating.

Charging Structure and Reserved Time

There is a 30-minute minimum charge on all bookings. After the first 30 minutes, service providers charge for every subsequent half-hour period. When you make a booking, you are reserving a service provider’s time and vehicle for a specific block of time, preventing them from accepting other work. For this reason, the charge is for the entire time slot you have booked. If your job is completed in less time than the period you reserved, no refunds or credits will be issued for the unused portion of the time.

23A. PAYMENT DISPUTES AND NON-PAYMENT

The Contractual Relationship

The contract for the moving service and the payment for that service is directly between the customer and the service provider. ePenny facilitates the booking but is not a party to this financial agreement for the remaining balance.

Customer’s Obligation

The customer is obligated to pay the remaining balance to the service provider immediately upon completion of the job, as agreed in the booking confirmation made on our platform.

Guidance for Service Providers in Case of Non-Payment

If a customer refuses to pay the remaining balance, it is the service provider’s direct responsibility to pursue this breach of contract. We provide the following guidance and platform support:

Professional Conduct: Service providers must handle disputes professionally. They must not engage in threatening behaviour or unlawfully withhold the customer’s goods after the transport service is complete.

Documentation: The service provider should issue a formal invoice for the outstanding amount to the customer.

Platform Support: The service provider must report the non-payment to URemovals. We will provide them with copies of all relevant booking documentation (such as the booking confirmation and agreed price) that they may need to support their claim.

Legal Action: The service provider is responsible for taking their own steps to recover the debt, which can include sending a “Letter Before Action” and pursuing a claim through the UK’s Small Claims Court.

Platform Consequences: URemovals takes non-payment seriously. After a brief investigation, if a customer is found to have refused payment without a valid and substantiated reason, we reserve the right to suspend or terminate their account to protect the integrity of our platform and our community of service providers.

24. CANCELLATIONS

“Statutory Cancellation Rights for Consumers”

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a 14-day right to cancel many online service contracts. However, this right to cancel does not apply to contracts for services related to the transport of goods that are to be provided on a specific date.

By making a booking on our platform, you are booking a service for a specific date and time. Therefore, the 14-day statutory cooling-off period does not apply, and you do not have a statutory right to a full refund within this period. Your cancellation rights are instead governed by our own contractual cancellation policy, as set out below.

Our Cancellation and Rescheduling Policy

You can cancel your booking at any time after you receive your booking confirmation. Your rights to a refund are determined by the notice period given before the original scheduled service date.

Cancellation: To receive a full refund of your initial payment, you must cancel at least 48 hours before the original date and time of the booked service. If you cancel less than 48 hours before the original scheduled service time, you will not be entitled to a refund.

Rescheduling: We may permit you to reschedule your booking, subject to provider availability. Any request to reschedule must be made at least 48 hours before the original service time.

Cancellation After Rescheduling: Rescheduling the service does not create a new cancellation period. If you cancel a booking at any point after it has been rescheduled, your eligibility for a refund will be calculated based on the notice period given ahead of the original booking date and time.

If Your Service Provider Cancels:

In the event your selected service provider rejects or cancels your booking due to unforeseen circumstances, we will take the following steps:

Search for a Replacement: We will immediately endeavor to find a suitable replacement provider for the originally scheduled date and time at no extra cost to you.

Your Right to Cancel During the Search: You may choose to cancel your booking for a full and immediate refund of your Initial Payment at any time while we are actively searching for a replacement. This right to a refund expires as soon as a replacement provider has been secured and you have been notified.

Booking Re-confirmation: Once a replacement provider is confirmed, your booking is considered active and confirmed. The original terms of our cancellation policy will apply from that point forward, calculated from the original service date.

Failure to Find a Replacement: If we are unable to secure a replacement provider for you, we will notify you and promptly refund your Initial Payment in full. All refunds are typically processed within 3-5 working days.

We are unable to accept any refund requests once the job has been completed and payment has been made to the service provider. 

25. INSURANCE

ePenny acts as an introductory platform. The contract for service is between you and the service provider. As such, all insurance is held by the service provider, not ePenny. We categorise providers based on the insurance they have confirmed to us, and it is your sole responsibility to select a provider with the level of cover you require.

Insurance Verification

Vehicle Insurance (Hire & Reward): All service providers on our platform are required to have the appropriate motor insurance (Hire & Reward) that allows them to carry other people’s goods for payment.

Goods in Transit (GIT) Insurance: This policy provides cover for your personal belongings against loss or damage while they are in the care of the service provider during the move. This insurance is not held by all providers.

Public Liability (PL) Insurance: This policy provides cover for injury to people or damage to property in your home or at the collection/delivery location that is caused by the service provider. This insurance is not held by all providers.

Your Responsibility to Choose and Verify

It is your sole responsibility to check the insurance status of any service provider before you make a booking. You must choose a provider whose insurance level meets your needs and the value of your goods. You can enquire about the insurance of any specific service provider, by contacting our customer services by phone or email.

By booking a service provider, you confirm that you have checked their insurance level and accept the associated risks.

If you require coverage for your belongings during the move, you must select a provider who holds valid Goods in Transit insurance.

ePenny  does not independently verify the ongoing validity of insurance policies. You are entitled to ask the service provider to show you their insurance documentation before the job commences.

Limitation of Liability

ePenny is not an insurance provider and does not offer any insurance cover. Any claim for loss, damage, or injury must be made directly to the service provider and their insurer.

If you select a service provider who does not hold Goods in Transit insurance, you acknowledge and agree that your goods are transported entirely at your own risk. ePenny and the service provider will not be liable for any loss or damage.

For high-value items, we strongly recommend you ensure you have adequate personal insurance cover, as a provider’s policy may have a liability limit.

Passenger Liability

If you choose to travel in the van, you do so at your own risk. Any liability for injury rests solely with the service provider. You should confirm with them directly that their vehicle insurance covers the carriage of passengers.

26. YOUR RESPONSIBILITIES

Congestion zone / Road Fees / Ferry Fees: The customer is responsible for paying any additional road fees, this includes, but is not limited to, congestion, low emission zones, ferry fees and parking charges. It is the driver’s responsibility to collect any monies from the customer to cover these costs if the costs have not already been paid prior to the booking taking place.

If the customer requires extra time to complete the job, or if there are additional flights of stairs (when assistance has been ordered), additional stops, or extra trips, the customer will pay any additional fees directly to the driver in cash.

Responsibilities and Duty of Care under UK Waste Regulations (such as the Environmental Protection Act 1990 and Duty of Care Code of Practice):

Where applicable, if you engage a Driver to transport goods to a municipal waste or recycling facility, it is your responsibility to confirm directly with that facility whether the Driver requires any permit, licence, or prior authorisation to access the site and lawfully complete the Job. This may include notifying the relevant local authority of the size and classification of the vehicle, as well as the type and nature of the items being transported. Where any such permit, licence, or authorisation is required, you are solely responsible for obtaining this at your own cost and ensuring full compliance with all applicable legal and regulatory obligations.

If your Job includes the delivery of item(s) to a public waste or recycling facility, the Service Provider may add the cost of any licence or permit fee required if the item(s) are deemed to constitute commercial waste.

During the booking process, you must specify if you require a tip run or intend to recycle any items. Once you have selected and booked your Service Provider, you should contact them as soon as possible to confirm that they are able to manage the disposal of your waste. Please note that additional charges may apply at the discretion of the Service Provider. 

If the trip requires the use of a ferry, you will need to cover the ferry costs yourself, including the return journey for the van.

Van Sizes: It is entirely the customer’s responsibility to choose the correct size vehicle. Our Customer Services Team can give you all the relevant measurements to help you make the right choice or you can view our guide.

The images displayed in the quotes are for reference only; the driver is not required to complete the booking with the exact van shown. Registered service providers manage their profile images, and some may have different van sizes available. They choose which images to display in the public quote list.

The van size selected for your booking represents the minimum size that will arrive. However, a larger van may be sent if needed. If you have specific requirements, such as height or weight restrictions for the vehicle, please inform us by calling 020 809 97448 during office hours to ensure we can accommodate your needs.

Parking and Access

Customer’s Responsibility to Arrange Parking: It is your responsibility to ensure that a suitable and legal parking space is available for the service provider’s vehicle at all collection and delivery addresses. This includes arranging any necessary permits or bay suspensions. You must inform the service provider of any access restrictions.

Liability for Parking Fines (Penalty Charge Notices):

You will be liable for a parking fine if: The fine is incurred because you failed to arrange suitable parking or provided incorrect or incomplete instructions.

The Service Provider will be liable for a parking fine if: The fine is incurred due to the driver’s own negligence, such as parking illegally when a suitable, legal space you had arranged was available.

Packing: It is the customer’s responsibility to pack everything properly (unless packing services are requested). ePenny does not accept responsibility for damage or breakage caused by poor packing.

Please make every effort to pack each item for your booked job securely, ensuring it can be transported safely without risk of damage or causing injury to those handling it. All items should be packed and ready before your scheduled job date.

Unusual, Unique, and Fragile Items: Our Drivers transport a wide range of items, but certain things are not permitted, including illegal goods, some animals, or hazardous materials. If you wish to move additional items not specified at the time of booking, please note that the Driver may decline to take them. If in doubt, contact us via the Instant Support feature on our Platform before booking. For unlisted items on our Platform, it is highly likely that Drivers will refuse to transport them.

Disassembly Required for Transport: If you’re moving an item that can be dismantled (such as a shed, playhouse, aviary, garden furniture, pet cages, or outdoor play equipment), please disassemble it and secure it for transport before the Driver arrives. Keeping all screws and fittings in a labelled bag attached to the furniture can help you reassemble it at your destination. Note that our Drivers carry basic tools but are not responsible for disassembly or reassembly; this is something you’ll need to handle.

Pianos: We do not move grand size piano’s.

Flat-Pack Furniture: Flat-pack furniture should not be disassembled, as this can compromise its structural integrity and increase the risk of damage during transit. ePenny and our Service providers do not accept liability for any damages to flat-pack furniture. Drivers are not responsible for disassembling or reassembling any items unless they have agreed in writing beforehand, including flat-pack furniture.

Flat-Screen Televisions: Ensure any wall-mounted TVs are removed and wrapped in a blanket (provided by the Driver) before they are loaded. If a TV is still mounted when the Driver arrives and this was not specified in the original booking, the Driver may refuse to move it.

Fridges and Freezers (excluding American models): Ensure all cabinet casings are removed, and the fridge or freezer is defrosted at least 24 hours before moving day. Disconnect the appliance from the power supply and remove all contents. If these steps aren’t completed, the Driver may decline to transport the item. After delivery, it’s recommended to wait 24 hours before switching the appliance back on.

American-Style Fridge Freezers: American-style fridge freezers require explicit mention in your booking as they are non-standard size. The Driver may refuse to transport this item if it was not included in the original inventory. As with standard fridges, these should be defrosted, unplugged, and disconnected. Allow 24 hours post-delivery before reconnecting.

Washing Machines: Ensure any surrounding cabinet casings are removed, the machine is empty, and it’s fully disconnected from mains water, electricity, and drainage before the Driver arrives.

Dishwashers: Remove any cabinet casing, empty the dishwasher, and disconnect it from water and electricity. Complete these steps before the Driver’s arrival.

High-Value Items (over £300): For any item in your booking worth over £300, please make sure it’s properly insured against loss or damage, as both our liability and the Driver’s liability are limited in these cases.

Dismantling of Furniture etc: It is the customer’s responsibility to dismantle items before our arrival.. This is to include any unit, system, furniture or beds unless this service has been requested in the brief description box. Our drivers all carry basic tools. 

Access to the new Property: It is the customer’s responsibility to make sure that all items are able to be moved into the new property (for example, wardrobe, bed, sofa etc). Service providers are not insured for removing any windows or making new entrances to the property.

Customer Delays: If any delay is caused by the customer (e.g. everything is not packed, waiting for keys, incorrect address, etc) our service providers reserve the right to add an extra cost to the final bill.

Changes to the Collection Time: If the customer needs a significant change in their booking and they are more than 48 hours away from the day of moving please cancel the booking and make a new one. We will refund the initial payment of the original booking. If the customer needs any small changes within 48 hours of the confirmed booking, please contact the service provider directly. The service provider’s contact details can be found in the confirmation email.

Customer Conduct: No staff abuse will be tolerated. If the driver is forced to terminate a job because of abuse from a customer, the customer will still be charged in full.

Recycling Centre: If you require the driver to attend your local recycling centre, it is your responsibility to check with the centre you intend to use that a waste disposal licence is not required. In general, our drivers will not carry these. Also, please check if there will be an additional fee for the van entering and using the centre’s facilities, as you will be responsible for this charge.

27. NO AGENCIES

Nothing contained herein shall create, or deemed to create, any agency, joint venture or partnership relationship between ePenny and you whatsoever and you should not hold yourselves out as implying any such relationship with us.

28. LOSSES/DAMAGE

28.1 The Contract and Legal Responsibility:

The contract for the transport of your goods is between you (the customer) and the service provider. As such, the legal responsibility and liability for any loss or damage to your property during the move lies solely with the service provider. ePenny is not the transport provider and does not carry “Goods in Transit” insurance.

28.2 ePenny’ Role as a Facilitator:

While we are not liable for damage, we are committed to providing a transparent and supportive platform. To protect both customers and the reputation of the good service providers on our site, we have established a mandatory process for reporting any issues. You must follow this process to ensure your claim is formally logged.

28.3 IMMEDIATE ACTION: Inspection on Completion:

Before the service provider leaves your delivery address, you or your representative must conduct a thorough inspection of your goods and property. If you identify any damage, you must point it out to the service provider immediately and note it on any job completion sheet, if one is provided. This is the most effective way to resolve issues.

28.4 Reporting Damage Discovered After the Move:

If you discover damage after the provider has left, you must report it in writing to ePenny within 7 (seven) days of the job completion date. This allows us to create an official, time-stamped record of your complaint and formally notify the service provider.

28.5 How to Log Your Claim via ePenny:

To log a claim, email [email protected] with:

Your booking reference number.

A clear description of the damage or loss.

Photographic evidence of the damage.

Upon receipt, we will forward your entire claim to the service provider and will confirm to you that it has been formally passed on. From that point, the service provider is required to engage with you directly to resolve the matter through their own business process or their insurance provider.

28.6 Important Limitations on Service Provider Liability:

Your service provider will not be liable for:

Loss or damage caused by inadequate packing if you packed the items yourself.

Damage to self-assembly furniture (such as from Ikea or Argos) is not typically designed for disassembly and reassembly. While our providers will exercise all reasonable care, such items are moved at the customer’s own risk due to their inherent structural limitations.

Pre-existing damage to any item.

Failure to report the damage to ePenny within the 7-day window may weaken your ability to pursue a successful claim against the service provider.

29. DELAYS AND NON-ATTENDANCE

All of our service providers do their very best to be on time, but there may be delays caused by circumstances out of our control (for example, weather, traffic, etc). We do not accept responsibility for any customer losses that are out of our control pick-up/delivery delays. In the event of a delay, you will be contacted prior to your pick up time by the man and van driver or removal service and kept up to date with an estimated time of arrival.

We do not accept responsibility for any customer losses resulting from pick-up or delivery delays that are beyond our control, and we do not offer partial refunds for such delays.

In the highly unlikely event the man and van driver or removal company does not arrive at your pick up address as arranged, please contact our Customer Support Team immediately at [email protected]

30. COMMUNICATIONS FROM US

The information on our website is intended for general purposes only and should not be considered as advice you can rely upon.

If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt-out of receiving emails from Us at any time, it may take up to 15 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected]

31. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding its use, please contact us at:

ePenny

6 Park View, London, N21 1QX

Phone: 020 809 97448

Email: [email protected]

EPENNY LOGISTICS LIMITED SERVICE PROVIDER CUSTOMER TERMS AND CONDITIONS

Introduction
These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word ‘You’ or ‘Your’ it means the Customer: ‘We’, ‘Us’ or ‘Our’ means the Remover. These terms and conditions can be varied or amended subject to prior written agreement. In Clauses 8, 9, 10, and 11 We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your goods or premises. We are able to arrange insurance for Your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy. 

1. Our Quotation 

1.1 Our quotation, unless otherwise stated, does not include insurance, cancellation/postponement/waiting waivers, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.

1.2 Our Quotation is valid for twenty-eight days from the date of issue. Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:

1.2.1 If the work does not commence within twenty-eight days of acceptance;

1.2.2 Where We have given You a price including redelivery from store within Our Quotation and the re-delivery from store has not taken place within six months from the date of the issue of the quotation;

1.2.3 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.

1.2.4 The work is carried out on a Sunday, or Public Holiday or outside normal hours (07.00-23.00hrs) at your request.

1.2.5 We have to collect or deliver goods at Your request above the ground floor and first upper floor.

1.2.6 If You or Your agents request collection or access to Your goods whilst they are in store;

1.2.7 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).

1.2.8 The entrance or exit to the premises, stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for our vehicles and/or containers to load and/or unload within 20 metres of the doorway.

1.2.9 We have to pay parking or other fees or charges (including fines where you have not arranged agreed suspension of parking restrictions) in order to carry out services on Your behalf. For the purpose of this Agreement parking fines for illegal parking, caused by Our negligence, are not fees or charges and You are not responsible for paying them.

1.2.10 There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work (see term 6.2).

1.2.11 We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the work commencing;

1.3 You agree to pay any reasonable charges arising from the above circumstances.

2 Work not included in the quotation 

2.1 Unless agreed by us in writing, we will not:

2.1.1 Dismantle or assemble furniture of any kind

2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.

2.1.3 Take up or lay fitted floor coverings.

2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided.

2.1.5 Move or store any items excluded under Clause 4.

2.1.6 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.

2.2 Our staff are not authorised or qualified to carry out such work. We recommend that a properly qualified person is separately employed by You to carry out these services.

3 Your responsibility 

3.1 It will be your responsibility to:

3.1.1 Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as Our liability is limited under clauses 8.1 and 8.2.

3.1.2 Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.

3.1.3 Pay for any parking or meter suspension charges incurred by Us in carrying out the work.

3.1.4 Be present or represented throughout the collection and delivery of the removal.

3.1.5 Where We provide You with inventories, receipts, waybills, job sheets or other relevant documents You will ensure that they are signed by You or Your authorised representative as confirmation of collection or delivery of the Goods.

3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.

3.1.7 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.

3.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.

3.1.9 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.

3.1.10 Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;

3.1.11 Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.

3.1.12 Arrange appropriate transport, storage or disposal of goods listed in clause 4

3.2 Other than by reason of Our negligence or breach of contract, We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.

4 Goods not to be submitted for removal or storage 

4.1 Unless previously agreed in writing by the proprietor or other authorised representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by Us. The items listed under 4.1.1 below may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.7 below carry other risks and You should make Your own arrangements for their transport and storage.

4.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.

4.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind.

4.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.

4.1.4 We shall notify you in writing as soon as practicable if any of the Goods, are in Our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such Goods or whether we refuse to accept them. Should we refuse to accept the goods We will have no liability to You.

4.1.5 Perishable items and/or those requiring a controlled environment.

4.1.6 Any animals, birds, fish, reptiles or plants.

4.1.7 Goods which require special licence or government permission for export or import.

4.1.8 Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved or stored by Us.

4.2 If You submit such goods without Our knowledge We will make them available for Your collection and if You do not collect them within a reasonable time We may apply for a court order to dispose of any such goods found in the consignment. You agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in disposing of the goods.

5 Ownership of the goods 

5.1 By entering into this Agreement, you guarantee that:

5.1.1 The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge; or

5.1.2 You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.

5.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods You will advise Us of their name and address in writing immediately.

5.1.4 You will provide a full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if either statement made in 5.1.1 or 5.1.2 is untrue.

5.1.5 If You wish to transfer responsibility of this Agreement to a third party You will advise Us in writing giving Us their full name and address. We will issue a new agreement to them. Our Agreement with You will remain in force until We have received a signed agreement from the third party.

6 Charges if You postpone or cancel the removal and Waiting Charges

6.1 If You postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee according to how much notice is given as set out below at 6.1.1 – 6.1.4. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.

6.1.1 More than 10 working days before the removal was due to start: No charge.

6.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.

6.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.

6.1.4 Within 72 hours of the move taking place; not more than 75% of the removal charge.

6.1.5 Within 48 hours, on the day the work starts or at any time after the work commences: up to 100% of Our charges.

6.2 Waiting Waiver

Our quotation is based upon us being able to begin unloading our vehicle(s) before 11pm on the day of delivery (unless specified in writing). If we are prevented from doing so for reasons beyond our control, waiting charges will become payable at a rate of £35 per man and per hour. We offer a Waiting Charge Waiver for a fee equivalent to 7.5% of the total removal charge. If the Waiting Charge Waiver is accepted and paid for at least 24 hours prior to the move commencing, all waiting charges will be waived for a maximum of three hours.

7 Payment 

7.1 Unless otherwise agreed by Us in writing, payment is required in full by cleared funds at the time of booking the removal or storage period. In default of such payment We reserve the right to refuse to commence removal or storage until such payment is received.

8 Our liability for loss or damage 

8.1 We do not know the value of Your goods therefore We limit Our liability to a fixed limit per item. The amount of liability We accept under this agreement is reflected in Our charges for the work. If You wish Us to increase Our limit of liability per item You agree to pay a higher price for the work as stated in Condition 1.2.11 (Our Quotation).

8.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £25 for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part.

8.3 For goods destined to, or received from a place outside the United Kingdom:

8.3.1 We will only accept liability for loss or damage

(a) arising from Our negligence or breach of contract whilst the goods are in Our physical possession, or

(b) whilst the goods are in the possession of others if the loss or damage is established to have been caused by Our failure to pack the goods to a reasonable standard where We have been contracted to pack the goods that are subject to the claim.

8.3.2 Where We engage an international transport operator, shipping company or airline to convey Your goods to the place, port or airport of destination, We do so on Your behalf and subject to the terms and conditions set out by that carrier.

8.3.3 If the carrying vessel/conveyance, should for reasons beyond the carrier’s control, fail to deliver the goods, or route them to a place other than the original destination, You may have limited recourse against the carrier depending upon the carriers particular terms and conditions of carriage, and You may be liable for General Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional cost of onward transmission to the place, port or airport of destination. These are insurable risks and it is Your responsibility to arrange adequate marine/transit insurance cover.

8.3.4 We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless such confiscation, seizure, removal or damage arose directly as a result of Our negligence or breach of contract.

8.4 For the purposes of this Agreement an item is defined as:

8.4.1 The entire contents of a box, parcel, package, carton, or similar container; and

8.4.2 Any other object or thing that is moved, handled or stored by us.

9 Damage to premises or property other than goods 

9.1 Because third party contractors or others are frequently present at the time of collection or delivery it is not always possible to establish who was responsible for loss or damage. therefore Our liability is limited as follows:

9.1.1 If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.

9.1.2 If We cause damage as a result of moving goods under Your express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, We shall not be liable.

9.1.3 If We are responsible for causing damage to Your premises or to property other than goods submitted for removal and/or storage, You must note this on the worksheet or delivery receipt as soon as practically possible after the damage occurs or is discovered or in any event within a reasonable time. This is fundamental to the Agreement.

10 Exclusions of liability 

10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.

10.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.

10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:

10.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.

10.3.2 Moth or vermin or similar infestation.

10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.

10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.

OR

10.3.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by Us.

10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.

10.3.7 For any goods which have a pre-existing defect or are inherently defective.

10.3.8 For perishable items and/or those requiring a controlled environment.

10.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.

10.3.10 For items referred to in Clause 4.

10.4 No employee of Ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.

10.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below).

10.6 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where:

(a) there is no breach of this Agreement by Us or by any of Our employees or agents

(b) such loss or damage is not a reasonably foreseeable result of any such breach.

11 Time limit for claims 

11.1 If You or Your authorised representative collect the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.

11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit upon receipt of Your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.

12 Delays in transit 

12.1 Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.

12.2 If through no fault of ours We are unable to deliver Your goods, We will take them into store. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at Your expense.

12.3 Any transit times quoted by Us are estimated and based upon information known to Us at the time. Transit times may vary due to a number of factors outside Our control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise You of any material changes to the transit times as soon as We become aware. We will not be liable for any loss or damage incurred by You as a result of delays in transit time unless directly attributable to Our negligence or breach of contract.

13 Our Right to Hold the Goods (lien) 

“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges.

We shall have a right to withhold and ultimately dispose of some or all of the goods if You fail to pay the charges and any other payments due under this or any other Agreement. (See also Clause 22). These include any charges that We have paid out on Your behalf. While We hold the goods You will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien. These terms and conditions shall continue to apply.

14 Disputes 

If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer it to the small claims court.

15 Our right to sub-contract the work 

15.1 We reserve the right to sub-contract some or all of the work.

15.2 If We sub-contract, then these conditions will still apply.

16 Route and method 

16.1 We have the right to choose the method and route by which to carry out the work and the location in respect of storage.

16.2 Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on Our vehicles and/or the container may be utilised for consignments of other customers.

17 Advice and information for International Removals 

We will use Our reasonable endeavours to provide You with up to date information to assist You with the import/export of Your goods. Information on such matters as national or regional laws and regulations which are subject to change and interpretation at any time is provided in good faith and is based upon existing known circumstances. It is Your responsibility to seek appropriate advice to verify the accuracy of any information provided.

18 Applicable law 

Any dispute between us will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts. If you currently reside or are moving to a place outside the jurisdiction of the Courts of the United Kingdom, alternative laws or jurisdiction of local courts may apply subject to our written agreement prior to the work or services commencing.

19 Your forwarding address 

19.1 If You instruct Us to store Your goods, You must provide a correct and up to date address and telephone number and notify Us if it changes. All correspondence and notices will be considered to have been received by You seven days after sending it by first class post to Your last address recorded by Us

19.2 If We are unable to contact you, We will charge you any costs incurred in establishing Your whereabouts.

20 List of goods (inventory) or receipt 

Where we produce a list of Your goods (inventory) or a receipt and send it to You, it will be accepted as accurate unless You write to us within 10 days of the date of our sending, or within a reasonable period agreed between us, notifying Us of any errors or omissions.

21 Revision of storage charges 

We review our storage charges periodically. You will be given 30 days’ notice in writing of any increases.

22 Our right to Sell or dispose of the Goods 

If payment of Our charges relating to Your goods is in arrears, and on giving You three months’ notice, We are entitled to require You to remove Your goods from Our custody and pay all money due to Us. If You fail to pay all outstanding amounts due to Us, We may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to You. The net proceeds will be credited to Your account and any eventual surplus will be paid to You without interest. If the full amount due is not received, We may seek to recover the balance from You.

23 Termination 

If payments are up to date, We will not end this contract except by giving You three months’ notice in writing. If You wish to terminate Your storage contract, You must give us at least 10 working days’ notice (working days are defined in Clause 6 above). If We can release the goods earlier, We will do so, provided that your account is paid up to date. Charges for storage are payable to the date when the notice should have taken effect.