1 Definitions

1.1 The following definitions shall apply to the terms and conditions set out below:

(i)“article” means any object or thing submitted to Freightspeed for delivery under any Service but excluding such articles prohibited under these terms and conditions including articles excluded pursuant to Clauses 6.3 and 6.5 hereof;
(ii)”Customer” means a customer who is using the Service (as defined below) and if the said customer is a corporation, the term “Customer” shall include any entity or entities authorised by such corporation to enjoy the benefit of the Service as specified in the Agreement;
;
(iv)“Freightspeed Office” means any of Freightspeed Offices. For more information, please log on to www.Freightspeed.ie for a list of Freightspeed Office locations or call 01 2531430;
(v)“Postal Parcel Guide” means Freightspeed’s general postal information and the requirements for the exportation of articles overseas and domestically;
(vi)“Offices ” means Freightspeed’s parcel station from which article(s) can be delivered to and collected from;
(vii)”Self-collection Option” means the option provided by Freightspeed whereby Customer elects to collect the item at a Freightspeed Office or at a Offices ;
(viii)”Service” means any one or more of the Freightspeed Express, Freightspeed Priority, Freightspeed Standard and/or Freightspeed Economy offered by Freightspeed;
(ix)“Freightspeed” means Freightspeed, a company with company registration number ******* incorporated under the laws of the Republic of Ireland and having its registered office at Magna Drive, Magna Park, Citywest, Dublin 24.

2 Customer’s Responsibility

2.1 The Customer shall:

(i)promptly pay all amounts due to Freightspeed on demand. Prevailing charges for the Service apply. For more information, please log on to www.Freightspeed.ie to download the relevant Service brochure or call 01 2531430;

(ii)be liable for any charges, costs or expenses of whatsoever nature, including but not limited to storage charges, duties and taxes, retrieval and administrative costs in connection with the services performed and/or the article in the event that the addressee refuses to pay them;

(iii)be liable for all charges, costs or expenses of whatsoever nature, including but not limited to storage charges, duties and taxes, retrieval and administrative costs in connection with the cancellation of the Service or return (due to failure of delivery or otherwise) of any articles; (vi)be liable for such phone booking charges, or other ancillary charges, as may be set out in www.Freightspeed.ie and updated by Freightspeed from time to time at its sole discretion; and
(vii)indemnify and keep Freightspeed indemnified at all times from and against all demands, claims, actions, proceedings, charges, postages, costs or expenses, including but not limited to storage charges, duties and taxes, retrieval and administrative costs (including reasonable legal costs) incurred, suffered, or sustained by Freightspeed in connection with the services performed hereunder.

2.2 The Customer shall ensure that:

(i)every article is packed in a reasonably strong case/carton, wrapper or cover appropriate to its contents, and so that no part of the contents can be removed without either breaking or tearing the case, wrapper or cover or forcing two adhesive surfaces apart, or breaking a seal;
(ii)all contents of the article are adequately packed so as to protect against damage in the course of transmission and in particular, but not limited to:
(a)an article which is of a fragile nature shall be packed in a container of sufficient strength and shall be surrounded in that container with sufficient and suitable material to protect the article against the effect of such concussion, pressure and knocks to which postal articles are ordinarily exposed in transmission, and the article shall bear the words “FRAGILE HANDLE WITH CARE” written conspicuously in capital letters on the face of the cover above the address of the addressee;
(b)an article which is liable to be damaged by bending shall be packed in a container of sufficient strength to prevent the article from being bent or otherwise damaged in transmission, and the packet shall bear the words, “DO NOT BEND” written conspicuously in capital letters on the face of the cover above the address of the addressee;
(iii)all articles to be collected at Offices s must not exceed maximum dimensions and weight as set out in the terms and conditions set out at www.Freightspeed.ie or as may be amended from time to time by Freightspeed at its sole discretion.
(iv)articles prohibited by any law in force in the Republic of Ireland and the address of destination for transmission will not be handed to Freightspeed;
(v)the name, address and the telephone number of the sender and addressee are completed accurately. For articles that are addressed to companies, the name of the company, address, name of addressee and department/section in which the addressee is located must be provided to ensure prompt delivery of articles;
(vi)an article complies with its destination country’s prevailing size and weight restrictions applicable to the specific Service pursuant to which such article is to be transmitted. For more information, please log on to www.Freightspeed.ie or call 01 2531430;
(vii)every article to be sent via Freightspeed complies with the terms and conditions specified in the Services Guide or other documents provided by Freightspeed for the respective address of destination;
(viii)every article to be sent via Freightspeed is addressed accurately to a valid registered address, to any destination only within the main island of the Republic of Ireland (
(ix)it shall not address articles to be sent to destinations or addresses which Freightspeed does not deliver to, as may be amended from time to time (wherever relevant).

3 Freightspeed’s Rights and Responsibilities s

3.1 Freightspeed shall take all reasonable precaution to prevent unauthorised persons from having access to the articles(s) or their contents and shall also take all reasonable precaution against loss of or damage to the same or their contents.

3.2 Freightspeed shall make reasonable effort to deliver the Customer’s article according to the respective Service delivery schedules which are estimates only and not guaranteed. The deliveries are subject to possible delays including but not limited to delays by customs or government authorities of the destination country. Freightspeed shall however not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery of the article for whatever reasons
3.3 For deliveries to designated addresses in Ireland, if the first delivery attempt is unsuccessful, a delivery advice will be deposited at the delivery address or in the addressee’s letterbox at the delivery address, as applicable. The article will be made available for collection at a designated Offices or Freightspeed Office (as stated in the delivery advice for a period of five (5) calendar days or five (5) working days respectively from the date of the delivery advice). If the addressee fails to collect the article within the period stipulated in the delivery advice, the article will be sent to the Freightspeed for storage for another five (5) working days. Should the Customer or the addressee fail to collect the item at Freightspeed within the said period, Freightspeed may, at its sole discretion, and without notice and without liability to the Customer or any other party, (i) dispose of the article in any manner Freightspeed deems fit; or (ii) deliver the article back to the sender. The Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, administrative fees, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken and shall ensure prompt payment of all such fees.

3.4 The Customer may request for Freightspeed to collect an article for delivery under any Service subject to such terms and conditions (including but not limited to payment of additional charges) prevailing from time to time and further described in the relevant Service brochure which may be downloaded from www.Freightspeed.ie The Customer shall be liable for additional charges (including additional delivery or postage fees) if requests for collections are subsequently cancelled or returned (for any reason including but not limited to failure of delivery). For the avoidance of doubt, all fees charged for cancelled orders or returned articles are non-refundable. Additional charges are applicable if collections are to be made at certain restricted areas as determined by Freightspeed from time to time.
3.5 Collection and/or deliveries are available from Mondays to Fridays 9.00am to 5.00pm excluding Bank Holidays

4 Self-Collection Option

4.1 The Customer may request for Freightspeed to deliver an article to:
(i)a Freightspeed Office; or
(ii)a designated Offices , subject to the terms and conditions set out in or as may be amended by Freightspeed at its sole discretion from time to time.

4.2 Upon the delivery of an article to a Freightspeed Office or Offices , an e-mail and/or mobile notification, being the delivery notice (the “Delivery Notice”), will be sent by Freightspeed to the addressee. If the addressee fails to collect the article within five (5) working days (for delivery to a Freightspeed Office) or five (5) calendar days (for delivery to a Offices ) respectively from the date of the Delivery Notice or such other period stipulated in the Delivery Notice, the article will be sent to SPC for storage for another five (5) days. Should the addressee fail to collect the article at SPC within the said period, Freightspeed may, at its sole discretion, and without notice and without liability to the addressee, the Customer or any other party, (i) dispose of the article in any manner Freightspeed deems fit; or (ii) deliver the article back to the sender. The addressee and/or the Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, administrative fees, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken and shall ensure prompt payment of all such fees.

4.3 We reserve the right to review, amend or remove the list of Freightspeed Offices or from time to time and make changes thereof without any or prior notice to the Customer and/or any third party.

5 Charges for Services

5.1 All charges for the Services shall be calculated based on actual weight of the item as measured by Freightspeed (unless otherwise stipulated), and such determination by Freightspeed of the weight shall be final and conclusive.

5.2 In the event that the charges for the Services is calculated based on the volumetric weight, it shall be calculated using the following formula:
Volumetric weight = [length (cm) x width (cm) x height (cm)]
5.3 Freightspeed reserves the right to impose any fuel surcharge, peak period surcharge and/or other types of surcharge for any Service(s) at any time. For more information, please call 01 2531430.

 

6 Articles Which Are Unacceptable For Carriage By Freightspeed

6.1 Freightspeed reserves the right to reject any article(s) submitted by the Customer without assigning any reason whatsoever.

6.2 Freightspeed reserves its right to reject delivery, in the event that the written address of the recipient is deemed incomplete, illegible, incorrect, cannot be located, or does not conform to postal requirements.

6.3 Without prejudice to the generality of Clause 6.1 above, the Customer shall not despatch and Freightspeed reserves the right to refuse any articles that, in Freightspeed’s sole and absolute discretion, are:

(i)prohibited by law, such as explosives, poisons, flammable items, radioactive material, compressed gas, corrosive, firearms and any items which by its nature or packing may expose officers of Freightspeed to injury or cause damage to other articles;
(ii)infectious and non-infectious perishable substances and radioactive materials;
(iii)with liquid content; or
(iv)coins, bank notes and other valuables.

6.4 The Customer is liable for any loss or damage suffered by any third party as a result of any breach of the terms set out in Clause 6.3 above.

6.5 By using the Services hereunder, the Customer warrants that the article submitted is acceptable for transportation. The Customer agrees that the following are deemed unacceptable for shipment:-
(i)articles classified as hazardous material, dangerous goods, prohibited or restricted by the International Air Transport Association (“IATA”), the International Civil Aviation Organisation (“ICAO”), Postal regulations, any applicable government department or other relevant organization;
(ii)if no customs declaration is made when required by applicable customs regulations; or
(iii)if Freightspeed determines that an article cannot be transported safely or legally (including but not limited to, animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs), liquids. The list of prohibitions on exportation can be obtained from www.Freightspeed.ie

6.6 The list of prohibitions on importation for different destinations may change from time to time and the Customer may obtain the said list by calling 01 2531430 or logging onto www.Freightspeed.ie for information.

6.7 Freightspeed may (but shall not be bound to) in its sole discretion, open and inspect for any reason the article, including but not limited to the verification of its contents at any time. Freightspeed shall charge the Customer the shipment charges according to the contents of the article discovered on such opening and inspection. The article is subject to customs clearance and inspection by customs or government authorities of the destination country.

8 Undeliverable and/or Rejected Shipments

8.1 Articles are delivered to the addressee’s address, Freightspeed Office or Offices as given by the Customer but not necessarily to the named addressee personally. Articles to addresses with a central receiving area will be delivered to that area. If the addressee refuses delivery or refuses to pay for delivery, or the article is deemed to be unacceptable, or it has been undervalued for customs purposes, or the addressee cannot be reasonably identified or located, Freightspeed shall use reasonable efforts to contact the Customer and agree on the appropriate action to take, failing which the article may be released, disposed of or sold by Freightspeed without incurring any liability whatsoever to the Customer or anyone else. The proceeds may be applied against any charges including but not limited to service charges and related administrative costs. The balance of the proceeds of the sale (if any) shall be returned to Customer. The Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken.

8.2 For the avoidance of doubt, Freightspeed shall not in any way be involved or concerned with any claim for refund, return, rebate or exchange of any article. For all such articles the Customer or addressee shall deal directly with each other in respect of any refund, return, exchange, rebate and money-back guarantee policy and/or procedure at their own costs.

9 Freightspeed Online Booking Service

9.1 The Customer may request for Freightspeed to deliver an article through Freightspeed’s online booking portal www.Freightspeed.ie subject to the terms and conditions set out in the relevant website or as may be amended by Freightspeed at its sole discretion from time to time.

10 Retrieval of Proof of Delivery

10.1 Freightspeed may retrieve a copy of the Customer’s proof of delivery, such proof to be in physical or electronic form, (“POD”) upon the Customer’s request provided that Freightspeed receives payment of €5.00* (or such amounts as may be amended from time to time by Freightspeed without notice) for every request and the article is sent within six (6) months of the date of the request. The processing time required for each request is at least five (5) working days.
Requests may be made via:

(i)Telephone by calling 01 2531430
(ii)Freightspeed’s website www.Freightspeed.ie
10.2 Freightspeed shall use commercially reasonable efforts to retrieve PODs upon Customer’s request. However, such PODs may not be available for any reason, including but not limited to the inability to read the PODs which writing in not clearly visible

11 Limitations and Exclusions of Freightspeed’s Liability

11.1 Notwithstanding Clause 3.1, the parties agree that Freightspeed’s liability for any loss of or damage to any article or its contents shall be limited to:-

(a) (i)for articles sent via Freightspeed Islandwide Services: a maximum amount of €50 per article or the declared value of the article, whichever is lower;

(b)All claims for loss or damage to the articles must be made:-

(iv)with respect to an article sent via Freightspeed Service: within fourteen (14) days from the date Freightspeed accepts the article;
failing which Freightspeed shall have no liability whatsoever. Such claims must be made in writing, accompanied by evidence in support thereof, including, amongst others, the original copy of the consignment note, supporting documents and relevant invoices or receipts to the reasonable satisfaction of Freightspeed, failing which the claim will be considered null and void. Please submit all claims to:-

Manager (Customer Relations)
Freightspeed
Freightspeed Group
Magna Drive
Magna Park
Citywest
Dublin 24

11.2 Freightspeed shall not in any case be liable for:

(i)any indirect or consequential loss or damage (including but not limited to the loss of profits, business, anticipated savings);
(ii)any loss or damage arising from or in connection with :
a.its failure to perform any of its obligations hereunder if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or any other force majeure, fire, flood or any other acts of God;
b.any defects in respect of the article, even if known to Freightspeed when Freightspeed had accepted it;
c.the Customer’s acts of omission, including but not limited to insufficient or improper packing, security or addressing;
d.any action or omission by anyone other than Freightspeed including but not limited to:
1. the Customer, as the sender of the article;
2. the addressee;
3. an interested third party;
4. customs or other government officials; and
5.the carrier or other third party contracted by Freightspeed to serve locations that Freightspeed does not serve directly. Freightspeed shall not be liable notwithstanding that the Customer unaware or does not ask about a third party arrangement.
e.electrical or magnetic damage to, or erasure of electronic or photographic images or recordings;
f.any loss of secrecy in communication arising from the use of the Service;
g.the hazardous, fragile or brittle nature of the mechanical derangement of the goods;
h.any consequences of delay or confiscation by any competent authority as a result of the discovery of prohibited contents; and
(iii)delay or non-delivery of the article arising from the detention of the article by the customs or any government authority of the destination country.

12 Enhanced Liability Coverage

12.1 If the Customer regards the limits under Clause 11 above as insufficient, the Customer may request for additional coverage for loss or damage to the article(s) by applying for Freightspeed’s enhanced liability coverage. Further information can be found on http://www.Freightspeed.IE  subject to the terms and conditions as may be amended by Freightspeed at its sole discretion from time to time.

13 Data Protection

13.1 Customer represents, undertakes and warrants that:
a)Customer will, prior to disclosing any Personal Data to Freightspeed, ensure that the individuals and/or Customers, to whom the Personal Data relates, have validly provided consent, in accordance with the requirements of the Personal Data Protection Act, for the collection, use and/or disclosure of the Personal Data for the purposes for which Freightspeed intends, as indicated in this Agreement or as Freightspeed may have notified Customer in writing;
b)the individuals to whom the Personal Data relates, have validly provided clear and unambiguous consent, in accordance with the requirements of the Personal Data Protection Act, for Freightspeed or its data intermediaries to send Specified Messages (as the term is defined in the Personal Data Protection Act) to the individuals’ Ireland telephone number(s); and
c)it will use such form(s), document(s) or language as may be provided by Freightspeed from time to time to obtain consents from the individuals.
d)the Customer shall be deemed to be in breach of this Clause, if any consent obtained by the Customer is subsequently determined by any competent Court or authority to be invalid, save where the invalidity is solely due to any form(s), document(s) or language provided by Freightspeed.

14 Entire Agreement

14.1 The Agreement and the terms of carriage as set out in the consignment note for the relevant Service (hereinafter referred to as “Consignment Note Terms and Conditions”), as the same may be amended from time to time, shall constitute the entire understanding between the parties hereto and shall supersede and replace any prior agreements and negotiations related to the subject matter herein.

14.2 In the event that any of these terms and conditions is inconsistent with the Consignment Note Terms and Conditions, the Terms and Conditions of Freightspeed Services shall prevail.

15 Amendments

15.1 Freightspeed reserves the right, in its sole discretion, to change, update, modify or amend any of the terms and conditions stated herein, from time to time, without any prior notice to the Customer and the Customer shall be bound to observe and comply with the terms and conditions herein and any amendments thereof. Further, it shall be the responsibility of the Customer to review the terms and conditions for any such changes, revisions, modifications or amendments and that your continued use of our Services constitutes your agreement to such updated terms and conditions.

16 Governing Law and Jurisdiction

16.1 This Agreement shall be subject to and construed in accordance with the laws of the Republic of Ireland and the parties hereby submit to the exclusive jurisdiction of the courts of the Republic of Ireland.

ANNEX A

TERMS OF USE

Welcome to the website operated by Freightspeed Group and its affiliates (collectively,”Freightspeed”) and Freightspeed’s other online locations such as Facebook, Twitter and YouTube (the “Websites”, and each a “Website”).  Freightspeed provides the Websites as a service to you subject to the following terms of Use (“Terms”).

Freightspeed affiliates include without limitation the entities operating the Website and other entities that may be affiliated with Freightspeed.

If you have a question whether a website is a website of Freightspeed, or if an entity is an affiliate of Freightspeed, LLC please check the information posted on the site or contact Freightspeed at info@Freightspeed.ie or 1890 989 288.

1. Acceptance of Terms of Use

Please carefully read the following Terms before using the Website.  By accessing the Website, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it.  If at any time you do not agree to these Terms, please do not access or use the Website or any of its content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE WEBSITE AND THEIR CONTENTS ARE SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND FREIGHTSPEED PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time.  Accordingly, you should check the Terms regularly for updates.  Each time you access, use or browse the Website, you signify your acceptance of the then-current Terms.  Any changes in these Terms take effect upon posting and apply only to use of the Website and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you.

2.  Age Restrictions

The Website is directed to persons 18 years of age or older.  If you are 13-17 years of age, you may visit, browse and use the information on the Website, but you may not submit any personal information to the Website, and you represent and warrant to Freightspeed that you have the permission of your parent or legal guardian to use the Website and any activities on the Website, and your parent or legal guardian agrees to these Terms on your behalf.  Any personally identifiable information submitted to the Website of a child under 18 years must be provided only a child’s parent or legal guardian the parent or legal guardian represents and warrants to Freightspeed that the information being provided is solely for the purpose of Freightspeed being able to conduct its business and that the parent or guardian agrees to these Terms on their minor child.

3.  Permitted Use of Website

The content available through the Website, including without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of Freightspeed and/or its licensors.  You agree not to produce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Freightspeed in writing.  Use of the Website or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under Irish or international law.  You agree not to access the Website by any means other than through a standard web browsers.

You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit or create derivative works from any part of the Website or Content unless expressly authorized by Freightspeed in writing.  You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Website or in the Content.

4. Privacy Policy

Please review the Privacy Policy for the Website. If you do not agree with the Privacy Policy , you are not authorized to use the Website. The terms of the Privacy Policy are incorporated herein by this reference.

5. Restricted Access

The Website may restrict access to the site or to sections or features of the site. A separate agreement that addresses access and use may apply to those sites, sections or features. In the event that you are required to select a username or password to access those sites, sections or features, you are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. You authorize Freightspeed to act on instructions received through use of your password, and agree that Freightspeed is not liable for any loss or damage arising from your failure to comply with this Section. You agree to immediately notify Freightspeed of any unauthorized use of your password or any other breach of security.

6. Proprietary Rights

You acknowledge and agree that, as between Freightspeed and you, all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Freightspeed or its licensors, are valid and enforceable, and are protected by Irish intellectual property laws and other applicable laws.

7. Copyright

All Content included in the Website is the copyright and property of Freightspeed or its content suppliers and protected by Irish and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of using the Website as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Website, is strictly prohibited.

8. Trademarks

The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to Freightspeed or its licensors. Some of those trademarks are listed below. Unauthorized use of any trademark of Freightspeed may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Website do not constitute or imply affiliation, endorsement or recommendation by Freightspeed, or of Freightspeed by the third parties.

Freightspeed®

9. Your Indemnity of Freightspeed

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FREIGHTSPEED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE WEBSITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF FREIGHTSPEED OR ANY THIRD PARTY.

10. User Generated Content

Communications Services: We may have a Facebook, Twitter and/or YouTube page and the Website may have blogs, chat areas, forums, comments, rankings, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities that are designed to enable you and others to communicate with Freightspeed and other users of the Website (collectively, “Communication Services”). You acknowledge that your submissions to the Website may be or become available to others. You agree only to post, send, and receive messages and materials that are proper and related to the particular Communication Service and to adhere to these Terms and our “Terms & Use” posted on Facebook.

Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Freightspeed reserves the right to determine what types of conduct it considers to be inappropriate use of the Website. In the case of inappropriate use, Freightspeed or its designee may take such measures as it determines in its sole discretion.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

1. Use the Website or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.

2. Violate any code of conduct or other guidelines which may be applicable for any particular

Communication Service.

3. Take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Communication Services or the Website.

4. Use the Website for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.

5. Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Website in any manner.

6.  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

7.  Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.

8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.

9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

10. Use any Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.

11.  Harvest or otherwise collect information about others, including email addresses, without their consent.

12.  Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.

13.  Engage in any other action that, in the judgment of Freightspeed, exposes it or any third party to potential liability or detriment of any type.

User Materials:  Any content or views submitted or otherwise made available by users through the Website (“User Materials”) are strictly those of the originating author, who is solely responsible for the submitted content. Use of or reliance on User Materials is entirely at your own risk. Freightspeed does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Freightspeed be liable in any way for any User Materials.

You acknowledge that Freightspeed may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, modify, delete and/or move any User Materials that are available via the Website. Without limiting the foregoing, Freightspeed and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in Freightspeed sole discretion. Freightspeed shall have no liability for such removal.

You understand that by using the Website, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Website.

Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Website (“Submission”). All Submissions are subject to these Terms. Freightspeed is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.

By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Freightspeed or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all right, title, and interest, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission and consents and rights to post, distribute, or transmit your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.

By making a Submission, you grant Freightspeed and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and city/town/village of residency, in Freightspeed discretion, on the Website or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.

11.  Links

Links to Other Websites and Search Results: The Website may contain links to websites operated by other parties. The Website provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Freightspeed which is not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site and Freightspeed disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Freightspeed shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

Links to the Websites: You may link another website to a Website subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Freightspeed or the Website; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Freightspeed or the Website; (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking website; and (iv) Freightspeed reserves the right to revoke its consent to the link at any time and in its sole discretion. You agree to take down the link if Freightspeed revokes its consent.

12.  Modifications to the Website

Freightspeed reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that Freightspeed will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website.

13.  Suspension and Termination Rights

Freightspeed reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Website or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Freightspeed shall not be liable to you or any third party for any such suspension or termination.

14.  Disclaimer

THE WEBSITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREIGHTSPEED AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITE AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.

Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Website is free of viruses or other harmful code.

15.  Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREIGHTSPEED AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE. IN NO EVENT SHALL FREIGHTSPEED OR ANY OF ITS LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF FREIGHTSPEED ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE SHALL NOT EXCEED FIFTY EURO.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

16.  Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this Website is Freightspeed Magna Drive, Magna Park, Citywest, Dublin 24 or 01 2531430. Complaints regarding the Site or Content or requests to receive further information regarding use of this Site or Content may be sent to the above address or to info@Freightspeed.ie.

17.  Governing Law and Disputes

These Terms shall be governed by, and will be construed under, the laws of Ireland without regard to choice of law principles. You irrevocably agree that the exclusive venue for any disputes arising between you and Freightspeed out of, under, or in connection with these Terms, the Website or their Content shall be general reference proceedings conducted Ireland, which venue is the most convenient and appropriate for the resolution of disputes concerning these Terms. Any such dispute shall be settled in accordance with the decision of the referee or any successor Irish statute governing resolution of disputes by a court-appointed referee without a jury. Any cause of action or claim you may have with respect to these Terms, the Website or their Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. Without limiting the foregoing, you agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) you have 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.

You agree that any dispute between you and Freightspeed arising out of or relating to these Terms, the Privacy Policy, the Website or their Content will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against Freightspeed. The laws of Ireland and EU., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall governed . The Website is controlled within Ireland/EU and directed to individuals residing in the Ireland/EU. Those who choose to access the Website from locations outside of Ireland//EU do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Freightspeed does not represent that the Website or Content are appropriate outside the Ireland/EU. Freightspeed reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction at any time in its sole discretion.

18.  Force Majeure

Freightspeed shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.

19.  Miscellaneous

These Terms and the Privacy Policy set forth the entire understanding and agreement between you and Freightspeed with respect to the subject matter hereof. If any provision of the Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms or the Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Freightspeed failure to act with respect to any failure by you or others to comply with these Terms or the Privacy Policy does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or the Privacy Policy or your rights or obligations under these Terms or the Privacy Policy without the prior written consent of Freightspeed, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms or the Privacy Policy.

20.  Questions?

Please direct any questions you may have about these Terms, technical questions or problems with the Website, or comments or suggestions to Freightspeed at info@Freightspeed.ie or 01 2531430