TERMS AND CONDITIONS

Definitions
1. Definitions
“Booking” means a booking for the carriage of a Consignment placed by a Customer with the Carrier by telephone, by facsimile or Online.
“Carrier” means Pony Express (UK) Ltd trading as Pony Express, Ponex, Ponexday, EuroPony, and PonyEuropean.
“Customer” means the person who contracts for the services of the Carrier.
“Conditions” means these conditions of carriage, which shall apply to the contract of carriage between the Customer and the Carrier.
“Consignee” means the person to whom the Carrier delivers the Consignment.
“Consignment” means goods or property, whether or not contained in separate parcels, packages, containers or envelopes including any paper, documents and cash, to be delivered by the Carrier for the Customer to the Consignee.
“Dangerous Goods” means dangerous goods as defined in the Carriage of Dangerous Goods by Road Regulations 1996 (as amended, re-enacted or extended from time to time), and any other substance likely to cause or encourage disease, vermin, pests or other hazard.
“Excluded Goods” means goods which will not be carried by the Courier as specified on the Website from time to time;
“On-Line” means Bookings and Booking enquiries made by the Customer Online via the Website.
“Website” means the Pony Express (UK) Ltd) website located at www.ponex.co.uk.co.uk and ponex.co.uk.

Conditions of Use & Sale

Pony Express (UK) Ltd provides access to the website to sell our service to you subject to the conditions set out on this page.

Please read these conditions carefully before using www.ponex.co.uk website or the services provided by Pony Express (UK) Ltd. If you choose to use any of our service or tools offered in the website you are in agreement and bound by these terms and conditions.

Conditions Relating to Your Use:

1. Your Account
If you use our services or website, you are responsible for maintaining the confidentiality of your account and passwords if any issued and to prevent unauthorised access to your account.  You agree to accept responsibility for all activities that occur under your account, and should inform us immediately if you have any reason to believe that your account has been used by in an unauthorised manner.  Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when opening and operating your account.  You can update your account details and information you have provided us by writing to your account manager.  Pony Express reserves the right to refuse, terminate, remove, or cancel jobs on your account at our discretion and no reason may be given.  If we cancel a job, there shall be no payment required from you.

2. Privacy and Data Protection Policy
We collect data on you from a variety of different sources, including; when you purchase services from us directly, the website or via any of our other distribution channels; when you become a account holder; when you speak to our customer services personnel; via explicit data capture measures, for example by entering competitions and completing surveys; via implicit data capture measures such as studying which pages you read the most and the use of cookies. In any of the above cases the data we collect could be personal data.
When you contact us via the site or give us any personal data as indicated above, we may need to collect information about you to process the transaction, complete your order and provide you with the services you expect then and in the future. This information may include, but is not limited to, details such as your name, your address, your phone number and your credit card details.
Unless we have your express consent we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is of course subject to the provision that we may disclose your data to certain permitted third parties, such as members of our own company, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data.
By becoming a subscriber you consent to receive from us by e-mail our newsletter and details of other special offers which we may think may be of interest to you.
Pony Express retains and uses your personal information to provide you with the best remote commerce (including electronic and mobile commerce) experience by providing you with a personalised service and to give you details of offers which we think will be of interest to you. We may also use the information to process any transactions you undertake with us and for internal administration and analysis. For quality assurance and training reasons we may record the calls you make to us.
We do not sell, rent or trade your personal information to third parties for marketing purposes.  For any of the above purposes we may send your information internationally including to countries outside the EEA. Some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as the UK.
Cookies
websites owned and operated by Pony Express (UK) Ltd may uses cookies. A cookie is a small text file of which there are two types: Session cookies: These are required for the site to function but are not used in any way to identify you personally. Permanent cookies: These store a few numbers on your hard drive, they last for a long time and each time you come to our site you send us a copy of them. We use them to identify you between visits. They are not required for the site to work but may enhance your experience. We do not store any personal data in these cookies, just a unique number that identifies you to us.
Data
in the UK we operate and are registered in accordance with applicable data protection legislation.
Payment Details
Your payment details, credit card numbers etc., will remain within the secure operational system at Pony Express (UK) Ltd and will never be shared with any other company.
Accounts supported by credit card will be charged for each job at the completion of each job or within 24 hours after the job is completed, invoiced accounts will be billed every thirty days or as otherwise agreed between you and Pony Express (UK) Ltd.
Consent
By disclosing your personal information to us using this website, through the mail or over the telephone, you consent to the collection, storage and processing of your personal information by Pony Express (UK) Ltd in the manner set out in these Conditions.

3. Access
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.  In this instance you may call our office 24 hours a day for booking or any information needed.

4. Licence for website access
Pony Express (UK) Ltd grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pony Express (UK) LTd. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pony Express (UK) LTd without express written consent. You may not use any meta tags or any other "hidden text" utilising Pony Express (UK) Ltd names or trademarks such as Pony Express and Ponex without the express written consent of Pony Express (UK) Ltd. Any unauthorised use terminates the permission or license granted by Pony Express (UK) Ltd and may result in the closure of your account(s) and all monies owed will be due for immediate payment.

5. Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Pony Express (UK) Ltd, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
to cause annoyance, inconvenience or needless anxiety

6. Copyright and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pony Express (UK) Ltd, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of Pony Express (UK) Ltd and is protected by United Kingdom and international copyright and database right laws. You may not systematically extract and/or re-utilise parts of the contents of the website without Pony Express (UK) Ltd’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without written permission or consent from Pony Express (UK) Ltd. You also may not create and/or publish your own database that features (eg our prices and product listings) parts of this website without Pony Express (UK) Ltd express written consent.

7. Trademarks
Pony Express, Ponex, Ponexday, PonyEuropean, Euro Pony and other marks indicated on our website are trademarks or registered trademarks of Pony Express (UK) Ltd, or its subsidiaries (collectively " Pony Express (UK) Ltd "), in the European Union and/or other jurisdictions. Pony Express (UK) Ltd’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Pony Express (UK). Pony Express (UK) Ltd’s trademarks and trade dress may not be used in connection with any product or service that is not of Pony Express (UK) Ltd, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pony Express (UK) Ltd. All other trademarks not owned by Pony Express (UK) Ltd that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pony Express (UK) Ltd.
8. Copyrights
The whole of this website is subject to copyright law and the features and services accessible via the website. The designs and copyrights are solely owned by Pony Express (UK) Ltd.

Conditions Relating to the Sale of Services
This section deals with conditions relating to the sale of services by Pony Express (UK) Ltd to you.

9. Our contract
When you place an order for a job on ponex.co.uk or calling our call centre, we will send you an e-mail if requested confirming receipt of your job and containing the details of your order. Your job represents an offer to purchase a service from us which is accepted by us when we send out a courier who completes your requested job.  We ask you to provide a purchase order if available, if one is not available the name of the person requesting the job will be entered as the ‘purchase order’. 

10. Pricing
Prices calculated and displayed on the Get Quote portion of this website are not inclusive of any waiting time, road tolls, or other additional charges incurred during the execution of your job due of changes initiated by you after dispatching or circumstances not anticipated. Charges added to a quote due to these service add-ons will be calculated and charged to your credit card or account after the completion of the job. Because the quote for a job may be an amount less than actually charged, Pony Express (UK) Ltd retains the right to authorise with your credit card company an amount up to 20% higher than the originally quoted amount during the initial credit card authorisation process.  All quotations for the Carrier’s charges are calculated in accordance with the distance in miles, the gross weight of the Consignment and the type of Consignment service specified in the Booking. The Carrier offers a range of Consignment services including, without limitation, same day, next day and international deliveries.  Further details of the Carrier’s charges and Consignment services are available upon request.

The Customer shall notify Pony Express at the time of Booking if:

The pricing and charging details of all of your jobs will be available by calling our accounts team on 0845 833 7929.  Please note estimates should not be relied upon as actual price.

11. Cancellation
In the event of cancellation of any Booking for a Consignment by the Customer within 30 minutes prior to collection of the Consignment the Customer shall be liable to the Carrier for the Carrier’s charges in full for the carriage of the Consignment or be liable of a abortive collection charge.

12. Delivery

Conditions Relating to Your Use of www.ponex.co.uk

13. Electronic communications
When you visit ponex.co.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail, phone or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. Limitation of Liability
Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, dealers or sub-contractors; or any fraudulent misrepresentation.

Pony Express (UK) Ltd shall not be liable to the Customer, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage suffered by the Customer howsoever caused including, without limitation:

 Except as expressly provided in these Conditions, the total liability of Pony Express (UK) Ltd in respect of any contract arising from a Booking is specified below:

where the declared value of the Consignment is less than one hundred pounds sterling (£100), the total liability of Pony Express (UK) Ltd for that Consignment shall be the greater of: (i) the fees payable by the Customer for that Consignment (whether or not paid); or (ii) one hundred pounds sterling (£100);
(i)
the fees payable by the Customer for that Consignment (whether or not paid); or
(ii)
one hundred pounds sterling (£100),

where the declared value of the Consignment exceeds one hundred pounds sterling (£100) but is less than ten thousand pounds sterling (£10,000), the total liability of Pony Express (UK) Ltd for that Consignment shall not exceed the declared value of that Consignment, provided always that in the case of next day and/or international deliveries, the Customer has paid the Carrier the Additional Fee specified in clause 3.8;

where the declared value of the Consignment exceeds ten thousand pounds sterling (£10,000), Pony Express (UK) Ltd shall specify the fee payable by the Customer for the carriage of that Consignment and any subsequent limitation on the Carrier’s liability at the time the Carrier accepts the Booking for that Consignment;

where the Customer (i) does not declare the value of the Consignment (ii) does not declare that the Consignment comprises Excluded Goods in whole or in part or (iii) fails to pay the Additional Fee when due.

Pony Express (UK) Ltd shall not be held responsible for any event beyond there reasonable control, which prevents it from performing its obligations under the relevant contract including, but not limited to: acts, omissions or misrepresentations by the Customer, owner of the Consignment, Consignee or independent contractor; natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”); and/or any unforeseen circumstances or causes beyond the Carrier’s reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute, insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that Pony Express (UK) Ltd shall perform such task.

marine risk.

The Customer shall provide to Pony Express (UK) Ltd written proof of the value of the Consignment damaged or lost and the Carrier shall be entitled to inspect the damaged Consignment.

Pony Express (UK) Ltd shall only be liable for loss or damage occurring within Great Britain. For journeys outside Great Britain, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at the Carrier’s absolute discretion. Details of such cover shall be provided to the Customer upon request.

15. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the website or that you purchase a service from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

16. Events beyond our reasonable control
Pony Express (UK) Ltd will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

17. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

18. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

19. Our details

Pony Express, www.ponex.co.uk, Ponex, Euro Pony, Ponexday, PonyEuropean, Pony Elite, are all trading names of:
Pony Express (UK) Ltd
AGL House
133 Birmingham Road
Birmingham
B71 4JZ