Term Conditions

Terms & Conditions

Term & Conditions

This Site operates as an online marketplace to enable Users book Jobs, with a view to entering into a Transaction INFORMATION WHICH WE ARE REQUIRED TO GIVE YOU www.pegasusautomotive.co.uk is a site operated by Pegasus Automotive Solutions Limited (“we” or “us”), a company which is registered in England and Wales under company number 12784179. Our registered office is 20-22 Wenlock Road, London, N1 7GU. Our email address is enquiries@pegasusautomotive.co.uk. Part A (the “General Conditions“) and Part B (the “Supplemental Conditions“) of these terms and conditions (together with the documents referred to within) set out the terms and conditions on which we will provide our services to you. You may access most areas of the Site without the need for Registration in which case only the General Conditions will apply to you. The Conditions (as defined below) apply to the access to and use of the Site, and to any correspondence by e-mail between you and us. Please read these terms carefully before using the site. Using the Site indicates that you accept the General Conditions We may revise the Conditions at any time by updating this posting. You should check the Site from time to time to review the current version of the Conditions because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Site. Any rights not expressly granted in these terms are reserved.   PART A GENERAL CONDITIONS

  1. DEFINITIONS

“Conditions” means all conditions applicable to a person accessing the Site in connection with his use of the Site (i.e. for a mere visitor, the General Conditions alone, and for a Member, the General Conditions and the Supplementary Conditions); “Job” means the transportation request posted by the User on the Site; “Transaction” means the agreement entered into between a Transport Provider and a User for the performance of a Job. “Book Now” means Jobs which are booked after seeing instant rates.

  1. ACCESS
    1. Whilst we endeavour to ensure that the Site is available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
    2. Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.
  2. CONTENT
    1. Whilst we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy or completeness of the material on the Site. We may make changes to the material on the Site at any time and without notice. The material on the Site may be out of date, and we make no commitment to update such material.
    2. The contents of the Site are provided “as is”, and we provide no warranties in respect of such contents.
    3. You are prohibited from posting or transmitting to or from the Site any material:
      1. that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
      2. for which you have not obtained all necessary licences and/or approvals;
      3. which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or
      4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    4. You may not misuse the Site (including, without limitation, by hacking).
    5. We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause 3.
  3. LICENCE
    1. You are permitted to view, print and download extracts from the Site for your own use on the basis that:
      1. no documents or related graphics on the Site are modified in any way;
      2. no graphics on the Site are used separately from the corresponding text; and
      3. our copyright notices and this permission notice appear in all copies.
    2. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including, without limitation,photographs and graphical images) are owned by us or our licensors. Saved as agreed otherwise, any use of extracts from the Site other than in accordance with clause 4.1 is prohibited, and if you breach clause 4.1, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
    3. Subject to clause 4.1, no part of the Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.
  4. DISCLAIMER
    1. To the extent permitted by law we hereby exclude:
      1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
      2. any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; (g) wasted management or office time; and (h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

  1. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
  1. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

Any information about you that we process will be processed in accordance with our privacy policy (www.pegasusautomotive.co.uk). By using the Site you consent to such processing.

  1. TERMINATION
    1. We may, at our sole discretion, restrict your access to the Site and/or refuse to correspond with you without prior notice where:
      1. there is a regulatory or statutory change limiting our ability to provide access to the Site;
      2. there is any event beyond our reasonable control preventing us from providing access to the Site (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
      3. we consider that you are abusing the Site or are otherwise acting in breach of the Conditions.
    2. GENERAL
      1. Unless otherwise specified, the Site is directed solely at those who access it from England and Wales. Should you choose to access the Site from locations outside England and Wales then you will be responsible for compliance with local laws if and to the extent local laws are applicable.
      2. You warrant that it is legal for you to view the Site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.
      3. A failure or delay in enforcing compliance with one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions.
      4. No provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
      5. If any provisions of the Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
      6. The Conditions constitute the entire agreement between ourselves as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.
      7. Any and all notices to be given by either one of us to the other pursuant to or in connection with the Conditions shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at any e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed at the start of these General Conditions.
      8. The Conditions are governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.

PART B

  1. INFORMATION YOU SUPPLY
    1. You are solely responsible for the information you provide to us in the shipping, or transportation process (which shall include anything posted on the Site) (“Information”). The Information must be true, legal, accurate, and non-fraudulent.
    2. Other than personally identifiable information, which is covered under our Privacy Policy any Information shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use the Information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
    3. You agree to use common sense and good judgment when conducting or posting any Information
    4. FEEDBACK
      1. An important aspect of the Site is the ability to leave feedback (whether positive, neutral or negative).

During the term of this Agreement, you shall not solicit to employ nor employ any of our employees of whom you become aware through the performance of this Agreement. Furthermore, you shall not otherwise hinder any of our other business relationships.

  1. NO CONVICTIONS

You represent that you, and any individuals associated with you who will be involved in a Transaction have not been convicted of a crime which is related in anyway to the shipping and/or transportation or haulage business. Furthermore, you warrant and represent that there are currently no legal proceedings instituted against you that would prevent you from performing a Transaction to which you are a party or your obligations under the Conditions. Last Revised Date:08TH Aug, 2020