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Terms And Conditions

Terms and Conditions of service and use of parcelmotel.com website.

Definitions

"Parcel Motel" is a registered brand name and service of Nightline Logistics Group trading as Parcel Motel.

Nightline Logistics Group ("Nightline") is a company registered in Ireland number 181961 and whose registered office is at Unit 5 Mygan Park, Jamestown Road, Finglas East, Dublin 11, Ireland.

A "Parcel Motel Device" is any self service automatic parcel terminal used by you to send, temporarily store, and receive parcels and obtain other services as they arise from time to time. The intended use is a commercial subscriber service for the convenient delivery and receipt of consumer goods and merchandise typically purchased online over the World Wide Web or internet from reputable retail outlets.

"Parcelmotel.com" is the online internet website used by you to register and to subscribe as a paying customer to the Parcel Motel service and to facilitate use of any Parcel Motel Device.

"PMID" Parcel Motel Identifier is your unique identifying number allocated by us to identify you as an individual customer of Parcel Motel. Your PMID is the primary identification by which we determine the service preferences you have registered with us on parcelmotel.com.

In these Terms and Conditions "we", "our" and "us" refer to Nightline Logistics Group trading as Parcel Motel its subsidiaries, employees, servants, agents and independent subcontractors.

"You" and "your" refer to any individual or corporate body or company its employees, servants or agents who use the service of Parcel Motel, Parcelmotel.com and Nightline Logistics Group.

"Parcel" means any container, packet, carton, bag, box, envelope or any form of package containing goods or merchandise that is accepted by us for delivery or temporary storage including any such items tendered by you utilising our Parcel Motel Device or other automated or electronic systems. A Parcel maybe tendered to us on your behalf by any third party including a courier, carrier or postal operator.

Agreement to terms and conditions

By using Parcelmotel.com and the Parcel Motel Device you agree to be bound by these terms for you yourself and as agent for and behalf of any other person having an interest in any Parcel tendered to Parcel Motel for delivery, temporary storage or receipt.

You agree that no one is authorised to alter or modify these Terms and Conditions. These Terms and Conditions shall be binding on you and us when a Parcel is accepted by us from you or from any third party on your behalf. © Nightline Logistics Group 2012 – all rights reserved.

Your obligations

You warrant that articles contained in any Parcel tendered to us by you or on your behalf by any third party is acceptable for transport, delivery, temporary storage and receipt by us and that the parcel is properly marked with a valid PMID and addressed. You warrant that any Parcel tendered to us is adequately packed to ensure safe delivery and transportation with ordinary care and handling.

Liability and limitation

We will perform our duties with a reasonable degree of care, diligence, skill and judgement

We shall be relieved of liability for any loss or damage if and to the extent that such loss or damage caused by:

a) Strike, lock-out, stoppage or restraint of labour the consequences of which we are unable to avoid the exercise of reasonable diligence

b) Any cause or event which we are unable to avoid and the consequences whereof we are unable to prevent by the exercise of reasonable diligence.

We accept no responsibility for departure or arrival dates or times of any Parcel and the goods or merchandise contained therein.

Our Liability howsoever arising and notwithstanding that the cause of any theft, loss or damage be explained or unexplained shall not exceed:

a) The replacement value of any goods or merchandise stolen, lost or damaged OR

b) EUR €100 (one hundred euro) whichever shall be the least

We shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profits, loss of market or the consequences of delay or deviation however caused.

By special arrangement agreed in writing and in advance of accepting a Parcel from you we may from time to time accept liability in excess of the of the limit set out above upon you agreeing to pay additional charges for us accepting such increased liability. Details of additional services are available upon request.

Any claim by you against us arising in respect of any service provided by us shall be made in writing and notified to us within 14 (fourteen) days of the date upon which you became or should have become aware of any event or occurrence alleged to give rise to such claim. Any not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where you can show that it was impossible for you to comply with this time limit. Notwithstanding the aforementioned time limit we shall in any event be discharged of all liability whatsoever howsoever arising in respect of any service provided unless a claim is brought within 6 (six) months from the date of the event or occurrence alleged to give rise to a cause of claim against us.

Please allow up to 30 days for liability payment processing and please note that proof of purchase may be required.

No warranties or guarantees

We make no warranties or guarantees of any kind expressed or implied. © Nightline Logistics Group 2012 – all rights reserved

Right to inspect

Your Parcel(S) may, at our option or at the request of government authorities, be opened and contents inspected by us or such authorities at any time.

Photographic and data records about your parcels

Subject to DATA Protection legislation and our Privacy Policy Nightline and Parcel Motel may obtain and retain on record photographs of any parcels tendered (whether or not accepted) as evidence of the condition of parcels when they are tendered or while they remain in our care.

Nightline and Parcel Motel may obtain photographs of the person(s) receiving and sending parcels at any Parcel Motel terminal or Nightline vehicle, building, or facility. The photographs may be used as evidence (in the event of a claim or dispute) that a parcel was received or sent and / or to determine the condition of a parcel when it was received or sent.

Responsibility for payment

Even if you give us different payment instructions, you will always be primarily responsible for all charges, including transportation charges, possible surcharges, penalties or fines, taxes related to any Parcel tendered to us by you or on your behalf. You will be responsible for any costs we incur in returning a Parcel to you or making alternative arrangements for delivery or disposal of any Parcel tendered to us by you or on your behalf.

Items not acceptable for delivery via parcel motel

We do not accept for delivery or storage (in no particular order and includes but not limited to):

  1. Parcels or items that do not conform to Parcel Motel size, dimension and weight limits.
  2. MONEY (coins, notes, negotiable instruments equivalent to cash such as endorsed stocks and bonds). Stamps or Coins of any kind.
  3. FIREARMS, WEAPONRY, AMMUNITION AND THEIR PARTS
  4. FOODSTUFFS, PERISHABLE FOOD ARTICLES AND BEVERAGES REQUIRING REFRIGERATION OR OTHER TEMPERATURE OR ENVIRONMENTAL CONTROL
  5. FIREWORKS AND OTHER ITEMS OF AN INCENDIARY OR FLAMMABLE NATURE;
  6. EXPLOSIVES of any kind
  7. HUMAN CORPSES, ORGANS OR BODY PARTS, HUMAN AND ANIMAL EMBRYOS, CREMATED OR DISINTERRED HUMAN REMAINS;
  8. HAZARDOUS WASTE, INCLUDING, BUT NOT LIMITED TO, USED HYPODERMIC NEEDLES AND/OR SYRINGES OR MEDICAL WASTE;
  9. WET ICE (FROZEN WATER);
  10. ITEMS REQUIRING NIGHTLINE TO OBTAIN ANY SPECIAL LICENCE OR PERMIT FOR TRANSPORTATION
  11. DEAD ANIMALS OR ANIMALS THAT HAVE BEEN MOUNTED
  12. ART Original works of art, Frames
  13. PRECIOUS METALS Bullion or precious metals of any kind
  14. JEWELLERY gemstones, watches and items of a high value (see limit of liability)
  15. VALUABLES, antiques, heirlooms, items of significant sentimental value or nature
  16. AGE restricted materials of any kind including lottery tickets or any material where availability is restricted by law to persons over a certain age
  17. PORNOGRAPHY or obscene material of any kind
  18. ALCOHOL OR TOBACCO
  19. FURS or items restricted by regulatory authorities
  20. NARCOTICS, CONTROLLED SUBSTANCES OR ILLEGAL DRUGS of any kind
  21. DANGEROUS goods of any kind that may cause harm or damage if leaked or spilled
  22. LIQUIDS unless adequately packed to contain any leakage
  23. COUNTERFEIT or contraband material of any kind
  24. PERISHABLE items
  25. Items that have a pungent or strong odour or items that may cause contamination of any kind
  26. PARCELS THAT ARE WET, LEAKING OR EMIT AN ODOR OF ANY KIND;
  27. PARCELS OR ITEMS THAT MAY CAUSE DAMAGE TO, OR DELAY OF, EQUIPMENT OR PERSONNEL
  28. BLOOD and pathology items that Items that present a biological hazard of any kind
  29. Living creatures of any kind
  30. GLASS, CRYSTAL or MIRRORS of any kind.
  31. CERAMICS or FRAGILE ITEMS

Nightline PARCEL MOTEL excludes all liability for such items or parcels howsoever accepted (including acceptance by mistake or under notice). Nightline Parcel Motel may change this list of prohibited items from time to time without prior notice or consent being sought from you.

Additional restrictions may apply depending destination and service and service option used. Nightline PARCEL MOTEL reserves the right to reject parcels or items based upon these limitations or for reasons of security or safety. Nightline PARCEL MOTEL shall be entitled to charge an administrative fee for Parcels rejected and for the costs of returning goods, where applicable, to the Sender. Further information is available upon request.

Breach of terms and conditions

Nightline / Parcel Motel reserve the right (without notice) to suspend, freeze or otherwise close or cease to accept Parcels or items from a customer suspected of knowingly or deliberately breaching these Terms and Conditions.

Governing law

Parcel Motel and Nightline Logistics Group services are provided in accordance with the laws of the Republic of Ireland. The courts in Dublin shall have exclusive jurisdiction in any dispute arising from the services provided. © Nightline Logistics Group 2012 – all rights reserved

Parcel motel website terms and conditions of user

parcelmotel.com public and secured web site terms of use

The following terms and conditions govern your use of nightline logistics group trading as parcel motel (hereinafter called "nightline") public and secured web site parcelmotel.com (hereinafter collectively "the web site" or "the site").

Your viewing or use of this web site will constitute your agreement, on behalf of yourself and the entity you represent (hereinafter collectively "you" or "your"), to all of the terms and conditions provided below. Nightline may make future changes or modifications to such terms and conditions at any time without notice and your subsequent viewing or use of the web site will constitute your agreement to the changes and modifications. There may be additional terms and conditions provided throughout the web site governing your use of particular functions, features, information and applications available through www.parcelmotel.com.

1. USE

TThe Web Site is provided solely for the use of current and potential Nightline customers to interact with Nightline and Parcel Motel and may not be used by any other person or entity, or for any other purpose. Specifically, all tracking, zone, rating, drop-off and other information may only be used by current and potential Nightline and Parcel Motel customers. The use of automated dial-in or inquiry devices to obtain information through The Web Site is strictly prohibited. Nightline does not accept ideas, concepts, or techniques for new services or products through The Web Site. If such information is received, it will not be considered confidential and Nightline will be deemed free to use, communicate and exploit such information in any manner it chooses.

2. REGISTRATION

You may choose to register with Nightline Parcel Motel. Registration to simplify your access to interactive features on The Web Site. The Nightline Parcel Motel Registration currently provides you with access to SmartShip® X, an Extranet created as an extension to Nightline's internal shipment distribution system, SmartShip®. In the future, Nightline may add other features which may be accessed through the Nightline Parcel Motel Registration. In such event, previously registered users will not be required to re-subscribe at the Nightline Parcel Motel Registration.

By registering with the Nightline Parcel Motel Registration, You agree to provide accurate and current information about Yourself as prompted by the Nightline Parcel Motel Registration form and maintain and promptly update Your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or Nightline has reasonable grounds to suspect that such information is inaccurate or not current, Nightline has the right to suspend or terminate Your Nightline Parcel Motel Registration.

By registering at Nightline Parcel Motel Registration, you will select a User I.D. and Password. You are responsible for maintaining the confidentiality of the Password and User I.D., and you are responsible for all activities that occur under Your Password and User I.D. You agree to (a) immediately notify Nightline of any unauthorized use of Your User I.D. and Password, and (b) ensure that you exit from Your Web Site session at the end of each visit.

3. CHANGES

The Web Site and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice.

4. TERM

Nightline may discontinue, suspend or modify The Web Site at any time without notice, and Nightline may block, terminate or suspend Your and any user's access to The Web Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.

5. OWNERSHIP

The Web Site and its Content are protected by Ireland and international copyright, trademark and other laws. © 2012 Nightline Logistics Group. All rights reserved. Specifically, Nightline does not convey to anyone, through allowing access to The Web Site, any ownership rights in The Web Site or in any Content appearing on or made available through The Web Site.

6. DISCLAIMER OF WARRANTY

The web site and its content are provided "as is". Nightline and its licensors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding any such content and your abiliity or inability to use the web site and its content.

7. LIMITATION OF LIABILITY

Use of the web site and its content is at your sole risk. Nightline will in no event be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in or the use of or inability to use the web site and its content including without limitation, damages for lost profits, business, data, or damage to any computer systems, even if you have advised Nightline of the possibility of such damages.

8. INDEMNITY

You hereby release, and agree to indemnify and hold harmless Nightline Logistics Group and its subsidiary divisions and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of The Web Site and its Content.

9. LINKS

There are links on The Web Site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Nightline. Nightline makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Nightline has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

10. CONTROLLING LAW AND SEVERABILITY

This Agreement and Your use of The Web Site is governed by and construed in accordance with the laws of Ireland, excluding its conflict of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to The Web Site or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Ireland. This Agreement may not be changed or modified without the written consent of Nightline.

Uncollected Items

Parcel Motel reserves the right to dispose of any uncollected items after a period of 30 days.

Incorrectly Addressed Items

Parcel Motel reserves the right to dispose of any incorrectly address items where we are unable to identify the owner within 30 days.

Promotions and Free Uses

From time to time we will offer free uses to customers by way of gratuity or as part of a business promotion. All free uses regardless of the circumstances in which they are awarded are offered at the Company's sole discretion and may be withdrawn at any time without notice or reason being given in advance. Free uses shall be deemed expired and will be deleted from user accounts if they remain unused after 90 days of being credited to the user account.

Free uses are not valid for use during the month of December unless by prior arrangement in writing with the company.

© Nightline Logistics Group 2013 – all rights reserved