Terms of Service
Table of contents:
- The most important things you need to know when using our services
- What you should and should not expect from us
- What we expect from you
- Carriers' terms specifically relating to tracking
- Service Plan, contract, payment and charges
- Contract cancellation
- Refund policy
- How long does your agreement with us last for?
- Our liability to you
1. The most important things You need to know when using our services
1.1 This agreement: These Terms of Service together with all updates and the Terms and Conditions applicable to your use of the Website and the tracking service collectively constitute the legal agreement between you and ParcelSpace Ltd (formerly Parcel Delivery Research Ltd) ("we", "us", "our", "ParcelSpace", the "Company"). You agree to the latest version of the Terms of Service when you sign into the Tracking Service. If you do not agree to the Terms of Service, please do not use the Service. Please make sure you have read and agreed to the Terms and Conditions. You can print off or save a copy of the Terms of Service for your records.
1.2 FREE PLAN: You will be able to receive free tracking alerts by email, Twitter and Facebook for the first ten parcels which you enter in a rolling 30-day period and which ParcelSpace is successfully able track, as explained in paragraph 6.1 below. This is the "Free Plan".
1.3 CHARGEABLE SERVICES: The following services are the "Chargeable Services":
- All text messages generated by ParcelSpace to provide alerts are chargeable ("Text Alerts");
- There is also a charge for our alerts for any parcels which you want to track above the limit of the Free Plan, namely more than ten parcels in a rolling 30-day period ("Further Tracking Alerts").
Further information about Chargeable Services is given in paragraph 6.2 below. The charging rates for Chargeable Services are detailed on the Top Up page, and further information about charges is given in paragraph 6.6 below.
1.4 PREPAID CREDIT: Chargeable Services must be paid for using credit ("Prepaid Credit") in your user account which may be obtained in two ways:
- Promotional credit issued through activated promotional vouchers or credited to your user account from time to time by ParcelSpace ("Promotional Credit"); and
- Credit which you deposit to your user account using your debit or credit card, or your PayPal account ("Purchased Prepaid Credit").
1.5 NO PAYPAL ACCOUNT REQUIRED: You do not need to hold a PayPal account to deposit credit by credit or debit card.
1.6 Refunds of Purchased Prepaid Credit: You may obtain refunds of Prepaid Credit which you have purchased, subject to our refund policy (please see paragraph 8).
1.7 Contract for Chargeable Services: A contract for Chargeable Services is made between you and us when we accept an order for Purchased Prepaid Credit which you have submitted, as detailed in paragraph 6.4 below.
Capitalised terms that are not defined in these Terms of Service shall have the meaning given to them in the Terms and Conditions. In addition the following terms and expressions shall have the following meanings:
Service: refers to the Tracking Service.
Terms of Service: these terms of service as may be renewed and/or amended from time to time.
3. What you should and should not expect from us
These should be your expectations when you use our Service:
3.1 Tracking alerts: We will try to provide tracking updates in a timely manner for the tracking numbers you have entered. However please understand that we do not operate our own tracking systems, and we are dependent on the tracking systems provided by the relevant carrier, as discussed in paragraph 3.2. We have varying levels of access to the carriers' tracking systems, and in some cases we do not have any access. Where we are not able to provide you with any tracking information at all for a given tracking number, we will not count that tracking number and the related parcel towards your Free Plan total and we will inform you as soon as we can. Where we do have access to carriers' tracking systems, the quality of our tracking alerts is entirely dependent on the tracking data being up to date and accurate when it is entered by the carriers.
3.2 Our access to carrier tracking systems: Many carriers have made their tracking data publicly available on their websites in order to provide their customers with tracking information about their parcels and packages. These carriers retain intellectual property rights over all the information on their websites in different ways, they sometimes specify that access is only for private non-commercial use, and they impose various other conditions on the use of their websites which can be reviewed on their respective sites. We seek to address their conditions in the following ways:
- Our Service has been set up to assist the carriers pass on relevant tracking information to their customers and to enhance their tracking service;
- You must confirm your entitlement to use tracking numbers (please see paragraph 4.2), and we will not share tracking information other than to you (please see paragraph 3.3);
- As mentioned in paragraph 6.2, we make no charge for access to tracking information; our charges are only contributions to the costs of our alert services;
- We have acknowledged the intellectual property rights of the carriers over their tracking information explicitly in this paragraph;
- We want to ensure that our Service does not cause any resultant loss or damage to any carrier, and we will take further steps to ensure this if necessary.
We would like to enhance our access to carriers' tracking systems and we hope that our relationships with carriers will develop into stronger partnerships extending beyond tracking systems for the benefit of all.
3.3 Our use of tracking numbers: We only use tracking numbers entered to provide you with tracking movements of your parcels, to validate survey responses or for system improvement and we will not share this information.
3.4 Dependence on Internet and infrastructure: We will try to maintain our Service. Since we are dependent on the public Internet to access carrier tracking systems, to provide our Website for you, and to access and to communicate with you via e-mail and text messages, you may experience some disruptions if there are power outages or Internet service failures and you may experience some disruptions. We are also dependent on various service providers for our Service, and any problems with their services will lead to related interruptions to our Service.
3.5 Accuracy of delivery mapping: We generate maps of delivery progress, using location data recorded by carriers. Although sometimes the location data is unambiguous and the maps we generate are accurate, at other times the location information we obtain is not precise and may result in spurious results. We are working to improve the accuracy of our delivery mapping.
3.6 Technical improvement and maintenance: We may change technical features in order to keep pace with the latest demands and technological developments, to add or improve access to a carrier's tracking systems or to comply with any regulations. We may also have to repair, improve, and/or upgrade our Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service.
4. What we expect from you
4.1 Information: You will be required to provide us in good time with any data or information necessary for a proper provision of the Service, including your authentic personal data for your account and any Purchased Prepaid Credit which you buy.
4.2 Your entitlement to use tracking numbers: You must confirm that tracking numbers you enter (either in our Tracking Service, our survey, our contact page or submitted as examples for us to improve our systems) are for parcels for which you are, or are acting on behalf of, the sender, the recipient or someone properly involved in the delivery process. Whilst these are our general terms for the use of tracking numbers, we have listed terms specifically relating to tracking which some carriers impose on the use of their tracking systems in paragraph 5 below.
4.3 Indemnity: You agree to indemnify, defend and hold us and our affiliates harmless from and against any and all liability and costs, including reasonable legal fees incurred by such parties, in connection with or arising out of your violation of these terms of service, any applicable law or regulation, or the rights of any third parties related to the use of our Service.
5. Carriers' terms specifically relating to tracking
We have referred to some of the general conditions which carriers impose on the use of data from their websites in paragraph 3.2. Some carriers have terms which relate specifically to the use of their tracking systems, and we have listed below those for the carriers we are able to access. You need to agree to their terms, general and specific, to use our Service for these carriers.
You are authorised to use this tracking system solely to track shipments tendered via DHL by, for, or to you. No other use may be made of the tracking system and information without DHL's prior consent.
DPD Germany (their English translation)
The DPD shipment tracking system which is accessible via Tracking, and the shipment tracking data which is available from Tracking, are the property of DPD. DPD gives permission for the use of its shipment tracking system exclusively for the purpose of checking the status of shipments which you have entrusted to DPD for transport and delivery, or which have been entrusted to DPD by a third party on your behalf. Permission is not given to use the system for other purposes. Without the express written permission of DPD you do not have the right to make the shipment tracking data available on a website, to reproduce it elsewhere, or to distribute, copy, store, use or sell it for commercial purposes. The service which is provided is for your own personal use. As a result your right to use the Tracking shipment tracking system or the shipment tracking data cannot be assigned to another party. In the event of any breach of these conditions the access rights to Tracking can be withdrawn and the passwords / user codes may be deleted. In addition such infringements may be punished by law. Any access to Tracking or use of the shipment tracking system / shipment tracking data which does not conform to these conditions of use takes place without permission and is strictly prohibited.
fedex.com is provided solely for the use of current and potential FedEx customers to interact with FedEx and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving FedEx invoices and remitting payment using electronic funds transfer ("EFT"), drop-off location, identifying and preparing international documents, estimating duties and taxes, and other information and services may only be used by current and potential FedEx customers for their own shipments.
GLS Germany (their English translation)
Generally, only the shipper and consignee of a parcel are allowed to receive information about a parcel. Third parties (e.g. governmental authorities) will receive information exclusively according to applicable law.
Parcelforce and Royal Mail
Royal Mail authorises you to use its tracking systems solely to track shipments tendered by or for you to Royal Mail or Parcelforce Worldwide for delivery and for no other purpose. Any other use of these tracking systems and information is strictly prohibited.
NOTICE: The UPS package tracking systems accessed via this service (the "Tracking Systems") and tracking information obtained through this service (the "Information") are the private property of UPS. UPS authorizes you to use the Tracking Systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Without limitation, you are not authorized to make the Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Information for commercial gain without the express written consent of UPS. This is a personal service; thus, your right to use the Tracking Systems or Information is nonassignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
6. Service Plan, contract, payment and charges
6.1 Free Plan: Under the Free Plan, you will be able to enter tracking numbers for up to ten parcels to track through the Service in a rolling 30-day period. For these parcels, you will be able to receive free tracking alerts by email, Twitter and Facebook. If you enter a tracking number which we are unable to track, this will not count towards the plan limit of ten parcels. You will not be able to enter more than ten parcels in a 30-day period or to receive text message alerts generated by us if you do not have sufficient Prepaid Credit in your user account to pay for these Chargeable Services. You should also note that it is possible to customise your Facebook account to receive notifications by text message, for which you may be charged at the standard rate for your mobile phone contract.
6.2 Chargeable Services: There are two Chargeable Services:
- Text Alerts: text message alerts are chargeable. The Company pays for premium text messages which operate internationally, on any network, and which follow numbers which have been transferred across networks. Our understanding is that, in most cases, there will be no charge to the recipient of one of these text messages in the country where their mobile phone contract is held. If you have set your Account preferences to receive a particular text message alert, but you do not hold sufficient Prepaid Credit to pay for it, you will simply not receive that text message.
- Further Tracking Alerts: alerts are also chargeable if you want to track more than ten parcels in a rolling 30-day period. There is a single charge for all alerts apart from text messages for each parcel tracked over the Free Plan limit of ten parcels in a rolling 30-day period. If you want to track a parcel beyond the Free Plan limit but you do not hold sufficient Prepaid Credit to pay for Further Tracking Alerts, you will not be able to enter the tracking number for that parcel. The charge for Further Tracking Alerts is a contribution to our costs for high volume usage of our alerts system; we do not charge fees for accessing tracking information from a carrier.
The charging rates for Chargeable Services are detailed on the Top Up page, and further information about charges are given in paragraph 6.6 below.
6.3 Prepaid Credit: If you want to use Chargeable Services, you need to hold sufficient Prepaid Credit in your user account in order to pay for those Chargeable Services. Prepaid Credit may be obtained in two ways:
- Promotional Credit: credit may be issued to you through activated promotional vouchers or credited to your user account from time to time by ParcelSpace; and
- Purchased Prepaid Credit: you may deposit credit to your user account using your debit or credit card, or your PayPal account. We collect payment through PayPal, but you do not need to hold a PayPal account to deposit credit by credit or debit card, as PayPal also allows you pay charges directly by credit or debit card. Transactions to deposit credit using PayPal are conducted on PayPal's safe and secure website, which complies with the Payment Card Industry Data Security Standard (PCI DSS).
The balance of your Prepaid Credit is shown on your Account page.
6.4 Contract for Chargeable Services and payment; The steps for forming a contract for Chargeable Services using Purchased Prepaid Credit are detailed below:
6.4.1 Your order: You agree to the latest version of the Terms and Conditions and Terms of Service when you sign into the Website, and there are opportunities to agree to them more explicitly (such as when first signing in). To make an order, move to the Top Up page, which gives information about making user deposits for Prepaid Credit and charging for sales tax (please see paragraph 6.6.2). There is a drop-down box above the table showing the charging details, and you need to ensure that this reflects your region of residence: EU Resident or Non-EU Resident. If you are buying Prepaid Credit for a business registered for VAT in the EU, you should go back to your Account page and enter your country code, the legal name of your business and your VAT number. When you have completed any necessary information on your Account page and on the Top Up page (which establishes your order), please click the [Pay via PayPal] button. You are then taken to the following PayPal screens:
- The first PayPal screen allows you to pay by credit or debit card (click Continue above the credit card symbols on the centre of the screen) or through your PalPal account if you have one (click [Log In] after you have entered your email address and password).
- If paying by credit or debit card, you will need to enter your card and contact details, and choose [Review Order and Continue].
- The "Review your payment" screen allows you to review your order, card details, address details (the same as your card details) and contact information. You complete your order by clicking the [Pay Now] button. We retain your contact details for queries with your order. If you do not wish to submit an order to us, you should press your browser back button several times or otherwise leave the current page without clicking the [Pay Now] button.
- If your payment was made successfully, you will be taken to the "Thank you for your payment" screen. From this screen, you can view a printable receipt. You can also click the [Return to ParcelSpace Ltd] button to return to ParcelSpace. If you receive a security warning, this will not compromise your card information, and on returning to the Website and clicking on another page, you will be returned to a secure page on our Website.
6.4.2 Our acceptance of your order: On receipt of confirmation of your order from PayPal, we will send you notification by email that we have accepted your order and that your order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your order, and we will notify you as soon as possible by email if this is the case.
6.4.3 Further terms for your contract for a Plan
(i) Please note that while we guarantee to send you a notification for every valid order we receive from you, you will understand that we cannot guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted. It is your responsibility to contact us if you should have any doubts or queries in this regard. Normally you will see your Prepaid Credit balance incremented by the net amount of your order.
(ii) These Terms of Service shall override any contrary terms or conditions published by us or appearing on the Website in relation to any order placed by you with us.
(iii) If you want to keep a permanent record of your payment, you can keep your notification of payment from PayPal or print the receipt from the "Thank you for your payment" PayPal screen. If you want a permanent record that we have accepted your order, you should print out a copy of our order acceptance notification because we will not retain a full history of your account online. If you require a VAT invoice for your payment, you should contact us using our contact page.
(iv) Your right to cancel an order that we have accepted or cancel a contract is set out in paragraph 7.
(v) The contract with you will be completed in English.
6.5 Inactive Prepaid Credit: If you do not use your Prepaid Credit for a period of 360 days, we will place your Prepaid Credit on inactive status. We will provide a reactivation link on your Account page so that you can reactivate your Prepaid Credit. Reactivated Prepaid Credit is not refundable.
6.6.1 Changes to charges
(i) We may change the rates of the Chargeable Services at any time by giving notice of such change on our Website.
(ii) If you do not wish to accept such adjustment of rates, you may ask for a refund of your Prepaid Credit. The new rate will apply to your next purchase after the adjustments have been published on the Website. You agree that by continuing to purchase and/or use the Service following the adjustments of the rates, you accept the new rates.
6.6.2 Sales tax
(i) All prices of Chargeable Services are quoted exclusive of sales tax, and the record of any Prepaid Credit which you hold will be exclusive of sales tax.
(ii) UK Value Added Tax ("VAT", currently 20%) generally applies if you are located in the EU and you don't have a VAT Registration Number. UK businesses with a VAT Registration Number are also subject to UK VAT at the current rate. The territories in the EU set out below are exempt from VAT under Council Directive 2006/112/EC on the common system of VAT. The Website does not enable users in such territories to take advantage of this VAT exemption and we therefore do not provide User Deposited Credit in such territories: Mount Athos, Canary Islands, French Overseas Departments, Aland Islands, Channel Islands, Heligoland Island, Busingen Territory, Ceuta, Melilla, Levigno, Campione d'Italia and Italian Waters of Lake Lugano.
6.6.3 Promotional Credit: We may offer Promotional Credit in the form of free promotional vouchers which can be activated as Prepaid Credit. The terms of individual promotions vary. Prepaid Credit obtained through promotional vouchers or otherwise credited to your user account by ParcelSpace is subject to the normal rules for Purchased Prepaid Credit except that it is non-refundable.
6.6.4 Charged in error: In the event you believe that we have charged you in error, you must contact us using our contact page within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.
7. Contract cancellation
7.1 Right to cancel contract for Chargeable Services: You may cancel your contract for future Chargeable Services at any time by requesting a refund of your Purchased Prepaid Credit. Unused Prepaid Credit is subject to our refund policy for unused credit in paragraph 8.1. No refunds are available for Chargeable Services which you have already used, as detailed in paragraph 7.2.
7.2 Cancellation of new contracts for Chargeable Services: A contract for Chargeable Services commences as soon as we have accepted your order. Under the Distance Selling Regulations, you are only entitled to cancel a contract within 7 working days if services under the contract have not started. We agree to allow you to cancel a contract for Chargeable Services and receive a full refund for your Purchased Prepaid Credit if you request this via our contact page within 7 working days of commencement of the contract provided that no parcels have been successfully tracked during that period.
8. Refund policy
8.1 Refund request: You can request a refund for unused and active Prepaid Credit at any time by submitting a request through our contact page, subject to this paragraph. No refunds shall be given for Prepaid Credit:
(i) obtained through Promotional Credit as explained in paragraph 6.6.3; or
(ii) that has been reactivated in accordance with paragraph 6.5. Refund requests carried out through other means shall not be eligible for a refund.
8.2 Refund payment: Upon a duly submitted refund request, we will refund you the credit balance of your Prepaid Credit, rounded down to the nearest Â£0.01. We reserve the right to deny repetitive refund requests for Prepaid Credit. All refunds shall be paid to the person who initially purchased the Prepaid Credit, either through the original payment method used, or any other reasonable payment method which we determine in our sole discretion.
8.3 Refund on termination: Subject to the limitations of paragraph 8.1 for Prepaid Credit obtained through Promotional Credit and reactivated Prepaid Credit, we will refund the balance of your Prepaid Credit in the event you terminate your user account(s) as permitted under these Terms of Service or in the event that we terminate these Terms of Service without serious cause.
8.4 Termination right: We reserve the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by you of these terms relating to refunds.
9. How long does your agreement with us last for?
9.1 Duration: The agreement will be effective as of the date of your acceptance thereof by clicking on the [I agree] or similar buttons or links as we may designate, and will remain effective until terminated by either you or us as set out below.
9.2 Termination: You may terminate your agreement with us at any time by contacting us using our contact page. Without limiting other remedies, we may terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate your use of the Service, prohibit your access to our Website, delete your parcel tracking history, and take technical and legal steps to keep you off the Website if we think that you are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent or illegal activities, or for other similar reasons, with immediate effect and without recourse to the courts. We shall effect such termination in part by preventing your access to your user account. If the e-mail address you provided is still valid, we may provide notice to you by e-mail.
9.3 Termination of Tracking Service: We reserve the right to cancel the Tracking Service for you or for all users for any reason. We will endeavour to provide you notice by e-mail.
9.4 Update of Terms of Service: We reserve the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective fifteen (15) days from the date of publication, unless You expressly accept the revised Terms of Service earlier by clicking on the [I agree] button. Your continued use of the Service after expiry of the 15-day notice period shall constitute your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. The 15-day notice period shall not apply where a change relates to the addition of a new service, extra functionality to the existing Services or any other change which we believe in our reasonable opinion to neither reduce your rights nor increase your responsibilities. If you do not wish to accept these revised Terms of Service, you are entitled to terminate your user account by contacting us using our contact page, with effect from the date on which the revised Terms of Service would become effective. You can find the latest version of these Terms of Service when you log into your user account.
10. Our liability to you
10.1 Limitation of liability: In no event shall we, our affiliates, our licensors or our staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages; and
- any loss of income, business or profits (whether direct or indirect).
10.2 Prior awareness: The limitations on our liability to you in paragraph 10.1 above shall apply whether or not we, our affiliates or our staff have been advised of the possibility of such losses or damages arising.
10.3 Restraint to limitations: Nothing in this agreement is intended to exclude or restrict or shall be construed as excluding or restricting our liability for (i) the death or personal injury caused by our negligence or the negligence of our staff or our agents, or (ii) any liability which cannot be limited or excluded by law.
10.4 Our total liability: Our total liability under or in connection with these Terms of Service (whether in contract, tort (including negligence) or otherwise) shall not exceed in aggregate the amount paid by you for the Service (where relevant) in the 12 month period prior to the date of the event giving rise to the relevant claim, subject to a maximum of Â£100 in all cases irrespective of whether you have paid for the Service (unless the loss is due to our wilful default or gross negligence).
10.5 Jurisdiction's limitations: As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
10.6 Force Majeure: A force majeure event means any event beyond our control. You acknowledge and understand that if we are unable to provide the Service as a result of a force majeure event we will not be in breach of any of our obligations towards you under these Terms of Service. In the event we are affected by a force majeure event, we shall promptly notify you of the estimated extent and duration of our inability to perform or delay in performing our obligations, on a reasonable efforts basis. We shall not have any liability to you whether in contract, warranty, tort (including negligence), or any other form of liability for failing to perform our obligations under this agreement to the extent that such failure is as a result of a force majeure event.
11.1 Entire agreement: The terms and conditions of the Terms of Service and the Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either you or us arising out of fraud or fraudulent misrepresentation.
11.2 Partial invalidity: If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.
11.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
11.4 Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. We are allowed at our sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.
11.5 Applicable law and competent court: The Terms of Service shall be governed by and interpreted in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English courts.
11.6 Survival: The terms of paragraphs 4.3 and 10 of this agreement, and any other provision of the Terms and Conditions which is expressed to survive or operate in the event of termination, shall survive termination of this agreement and the Terms and Conditions for whatever reason.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF SERVICE AND TERMS AND CONDITIONS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE [I agree] BUTTON OR BY USING THE SERVICE YOU EXPRESSLY CONSENT TO BE BOUND BY OUR TERMS OF SERVICE AND TERMS AND CONDITIONS AND GRANT TO US THE RIGHTS SET FORTH HEREIN.