Please read these terms of business carefully before using the NYPY Service.
By using the NYPY Service in any way, you agree to be bound by these terms of business.
In summary, these terms of business comprise:-
Part 1 : Definitions- Which sets out definitions used in these terms of business.
Part 2 : User Terms– Which shall apply between NYPY and all Users (which includes both Clients and Couriers).
Part 3 : Client Usage Terms– Which shall apply between NYPY and Clients.
Part 4 : Courier Usage Terms– Which shall apply between NYPY and Couriers (and applicants to work via the NYPY Service as Couriers).
Part 5 : Services Terms– Which shall apply between Couriers and Clients (but not NYPY).
Part 6 : Dispute Resolution Procedure– Which shall apply between NYPY, Couriers and Clients.
Part 7 : General Terms– Which shall apply to, and form part of all of the contracts formed pursuant to these terms of business.
This Section 1: Definitions - Set out definitions used in each of these terms of business.
Consignment: the items to be collected and delivered in accordance with an Order.
Courier: any person using the NYPY Service to offer, advertise, promote and sell Courier Services, having been accepted by NYPY in accordance with paragraph 4.1 of Part 4 : Courier Usage Terms.
Courier Services: services provided by Couriers to Clients subject to the terms of Part 5: Services Terms.
Client: any person using the NYPY Service to book Courier Services.
Data Protection Legislation: any applicable laws relating to the processing, privacy and use of personal data, as applicable to NYPY, the NYPY Service, the Client, the Courier and/or the Courier Services as applicable, including the UK Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 and/or any corresponding or equivalent national laws or regulations.
NYPY: NYPY LIMITED, a company registered in England and Wales under company number 13295982, with its registered office at 192b High Street, Egham, TW20 9ED United Kingdom.
NYPY Service: the online courier intermediary service whose functionality is accessible via:-www.nypy.co.uk (including related domains) and via the “NYPY” app.
If you are a Courier, NYPY Service also includes NYPY Work.
NYPY Work: the app operated by NYPY for use by Couriers.
Privacy Policy: NYPY’s privacy policy as set out within the web-site operated as part of the NYPY Service.
Substitute: a substitute operative engaged by the Courier under Part 5: Services Terms. N.B. Such substitute shall be considered a Courier for the duration of the relevant substitution.
Order: an order for Courier Services submitted by a Client via the NYPY Service.
User: any person visiting or using the NYPY Service, including Couriers and Clients.
All definitions in this Part 1: Definitions, and all paragraphs required for their interpretation, shall survive termination of the terms of business for any reason.
This Part 2: User Terms - Shall apply to all Users.
The NYPY Service is operated and maintained by NYPY.
NYPY does not itself offer, sell or provide the Courier Services but merely acts as an intermediary, and the contract for such Courier Services (see Part 5: Services Terms) is concluded directly between the Courier and the Client. NYPY is not an agent, joint venture party or partner of either the Courier or the Client.
NYPY may also provide links on the NYPY Service to the websites of third parties. Such third party websites are not the responsibility of NYPY. NYPY accepts no liability for the availability, suitability, reliability or content of such third party websites, and does not necessarily endorse the views expressed within them.
To buy or sell Courier Services via the NYPY Service you must register using one of NYPY’s online registration forms.
By registering, you warrant that:
If you register as a business entity, you warrant and represent that you have the authority to bind that business entity to these terms of business.
NYPY has no obligation to accept your registration, and may reject any User, or stop them from registering, in its absolute sole discretion.
You hereby warrant that the information provided by you to NYPY is at all times true, accurate and complete. You further warrant that you shall promptly notify NYPY in the event of any change to such information.
You shall keep your registration details for the NYPY Service (“Login Details”) confidential and secure.
You acknowledge that making a Review does not guarantee that such Review, or any part there of, shall appear on the NYPY Service.
You agree that NYPY may, in its sole discretion, choose to display, edit or to remove any Review or any part of the same that you make on the NYPY Service, and you hereby grant to NYPY a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
If you feel that any Review made by another User is objectionable, please contact NYPY using the contact details set out on the NYPY Service.
NYPY shall use its reasonable endeavours to review the relevant Review as soon as practicable, and shall aim to take such action (if any) as it deems necessary.
In consideration for Users compliance with these terms of business, NYPY shall use its reasonable endeavours to provide Users with the NYPY Service at all reasonable times.
NYPY shall be entitled, in its sole absolute discretion and upon notice to Users, to suspend the NYPY Service whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to Users for any such suspension or non-availability of the NYPY Service (whether wholly or partly).
NYPY may suspend or terminate your access to the NYPY Service (wholly or partly) in the event that:
NYPY relies on third party service providers (such as network providers, data centres and telecommunication providers) to make the NYPY Service available to Users.
Whilst NYPY will take all reasonable steps available to it to provide Users with a good level of service, Users acknowledge and agree that NYPY does not warrant that the NYPY Service shall be uninterrupted or fault-free at all times.
NYPY therefore shall accordingly not be liable in any way for any losses that Users may suffer as a result of delays or failures of the NYPY Service as a result of its third party service providers.
Subject to the exceptions set out in the last paragraph of this paragraph 4.6 below, NYPY shall not be liable for losses that result from its failure to comply with these terms of business that fall into the following categories:
Nothing in these terms of business shall limit (in any way)NYPY’s liability.
NYPY and/or its licensors own all intellectual property rights in and to the NYPY Service. You have no intellectual property rights in, or to, the NYPY Service.
Without limiting the generality of the above, you are expressly prohibited from.
NYPY shall not be in breach of these terms of business, nor liable for delay in performing, or failure to perform, any of its obligations under these terms of business if such delay or failure result from events, circumstances or causes beyond NYPY’s reasonable control, including but not limited to any of the following:
If NYPY fails at any time to insist upon strict performance of Users obligations under these terms of business, or if NYPY fails to exercise any of the rights or remedies to which it is entitled under these terms of business, this will not constitute a waiver of any such rights or remedies and shall not relieve Users from compliance with such obligations.
A waiver by NYPY of any default shall not constitute a waiver of any subsequent default. No waiver by NYPY of any of these terms of business shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
NYPY reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these terms of business.
The warranties in paragraph2.2, and paragraphs 2.6 and 2.7, and all paragraphs required for their interpretation, shall survive termination of this Part 2: User Terms (for any reason).
This Part 3: Client Usage Terms shall apply between NYPY and all Clients (as defined in Part 1: Definitions).
Before booking any Courier Services that are advertised on the NYPY Service, Clients must read and agree to Part 5: Services Terms, which includes the applicable refund policy.
The contract for any Courier Services which a Client books through the NYPY Service is created between the Client and the relevant Courier (and not between the Client and NYPY).
NYPY may suspend or terminate Clients access to the NYPY Service in the event that such Clients breach Part 5: Services Terms.
When Clients enter the required information in relation to a potential booking, NYPY will provide such Client with a quote setting out the charges for a Courier to provide the Courier Services based on this information (“Quote”) via the NYPY Service.
A Client’s acceptance of a Quote will place an Order.
When Clients place an Order through the NYPY Service, NYPY will use reasonable endeavours to find a Courier to accept your Order as soon as reasonably practicable. NYPY has no obligation to provide you with, or introduce you to, a Courier.
The NYPY Service allows for the automated placing of Quotes and Orders between Clients and Couriers without any human intervention by NYPY.
NYPY does not check your Quote nor Order before it is sent to the Courier for acceptance.
It is therefore essential that you correctly enter all details required for the Quote and Order so that the correct Courier Services and charges are displayed.
Quotes and Orders are based on the information you provide when booking.
A contract for the Courier Services will only be formed between a Client and a Courier if the Courier accepts the Quote and it becomes an Order.
If a Courier accepts your Quote as an Order, NYPY will provide the Client with a profile picture and unique reference code for the Courier.
NYPY will use reasonable endeavours to regularly update the Client in real time at each stage of the Courier’s journey (e.g. en route, collection, delivery) so as to show the Courier’s progress.
NYPY reserves the right to refuse and cancel any Quote or Order, and operate payment and fraud security checks.
NYPY may provide an Order change function via the NYPY Service, by which NYPY and/or the Courier may notify the Client of changes to the charges in the event that you amend the Order at any time between acceptance by the Courier and delivery of the Consignment.
Once any change has been made, the NYPY Service will only show the new amount of the charges.
NYPY shall invoice Clients for all sums due in respect of:
If you are an individual, the amounts notified to you via the NYPY Service will include VAT (where applicable). Otherwise, the amounts notified to you via the NYPY Service will be exclusive of VAT (unless clearly indicated otherwise).
Payments shall be made via such payment processors as NYPY may notify you in writing from time to time or, where agreed in writing, via BACs to NYPY.
NYPY shall issue invoices to Clients either immediately or periodically (e.g. weekly or monthly)- if agreed in writing between a Client and NYPY.
Amounts owed to NYPY are due and payable on the date of the invoice, unless otherwise agreed in writing.
If a Client fails to make a payment due to NYPY under these terms of business by the due date, then (without limiting NYPY’s remedies under these terms of business),NYPY can charge you an appropriate administration fee for each time that needs to contact you reminding about payments due.
In addition, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this paragraph will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%.
Where a payment is disputed in good faith, interest is only payable after the dispute is resolved, on sums found or agreed to be due, from the due date until payment.
If a Client disputes any invoice, that Client must notify NYPY in writing within seven (≤7) days, and shall pay all amounts not disputed by such Client on the due date as set out above, otherwise administration fees and interest may be applied.
Clients will not have to pay any interest until such dispute is resolved. Once such dispute is resolved NYPY will charge you interest on correctly invoiced sums from the original due date.
NYPY shall be entitled to recover on behalf of the Courier any monies owed to the Courier under Part 5: Services Terms.
Clients shall indemnify NYPY against all costs and expenses (including legal fees) that are incurred by NYPY in enforcing the terms of Part 5: Services Terms against Clients on the Courier’s behalf.
“Standard Liability” shall mean that NYPY’s total liability to Clients under the indemnity set out below, in respect of the applicable Consignment, shall be limited in the aggregate to One Hundred British Pounds Sterling (GBP £100) or, if lower, the value of the applicable Consignment.
Where you elect to pay an additional charge for “Enhanced Liability” in relation to an Order, NYPY’s total liability to you under the indemnity set out below, in respect of the applicable Consignment, shall be limited in the aggregate to the value of the Enhanced Liability selected and paid for or, if lower, the value of the applicable Consignment.
For the avoidance of doubt, Standard Liability and Enhanced Liability as defined above are referred to on the NYPY Service as Standard Liability Insurance and Enhanced Liability Insurance respectively.
Where a dispute has been resolved through the Part 6: Disputes Procedure, NYPY shall indemnity you against direct loss (if any) caused by a breach of Part 5: Services Terms by the Courier that results in loss of or damage to your Consignment.
The amount payable under this indemnity shall be the amount of direct loss agreed between you and the Courier through the Disputes Procedure, provided that this amount is not more than the Standard Liability, or where you have paid for Enhanced Liability, the value of such Enhanced Liability, in relation to the Consignment.
Direct loss under this indemnity is constituted by:
This indemnity shall not apply to loss or damage to Prohibited Items, Excluded Items or to any other item for which liability is excluded under Part 5: Services Terms.
Where you receive a payment from NYPY under this paragraph3.5 in relation to a Consignment, this indemnity shall be the sole and exclusive remedy for the Client for all loss and damage caused by the breach of Part 5: Services Terms by the Courier in relation to such Consignment, and the Client shall not have any contractual or other claim against the Courier or NYPY for such loss and damage.
Clients and NYPY each agree to comply with the Data Protection Legislation.
For the purposes of the Data Protection Legislation, NYPY shall be a data controller of certain personal data in relation to Clients, as set out in, and in accordance with the terms of, NYPY’s Privacy Policy.
If NYPY fail to comply with these terms, NYPY shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations.
If NYPY’s failure to comply with its obligations is not remedied following such reasonable opportunity then, subject always to paragraph2.6 of Part 2: User Terms, NYPY’s total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited in the aggregate to such sums as the Client has spent via NYPY over the previous three (3) months or One Hundred British Pounds Sterling (GBP £100), which ever shall be greater .
Paragraph3.4 (in respect of any outstanding payments), paragraph3.5 (to the extent that Standard or Enhanced Liability has been paid for), paragraph3.6 (data protection), and all paragraphs required for their interpretation, shall survive termination of this Part 3: Client Usage Terms (for any reason).
This Part 4: Courier Usage Terms shall apply between NYPY and Couriers (and applicants to access the NYPY Service as Couriers).
By completing the registration form provided via the NYPY Service, Couriers agree that their contractual relationship with each Client shall be as set out in Part 5: Services Terms.
Couriers consent to NYPY conducting verification and security procedures in respect of the information provided by a Courier.
After completing the registration form, prospective Couriers will receive an acknowledgement communication from NYPY acknowledging that it has received a prospective Courier’s request to register as a Courier.
Please note that this does not mean that any such prospective Courier has been accepted as a Courier.
NYPY will aim to notify prospective couriers promptly by an appropriate communications medium if a prospective Courier has been accepted as a Courier, and only then will provide Couriers with access to all features of NYPY Work.
Couriers acknowledge that once they have accepted an offer from a Client to contract for Courier Services, this will constitute a binding contract between the Courier and the Client on the terms of Part 5: Services Terms and that Couriers shall comply with Part 5: Services Terms in respect of such Order.
All information uploaded onto the NYPY Service by Couriers shall be in the format required by NYPY and shall relate strictly and solely to the Courier Services.
NYPY reserves the right to edit and/or remove any service information at any time and for any reason, including where NYPY reasonably believes that the information is inaccurate or incomplete, does not meet with its formatting requirements and/or does not relate to the Courier Services.
Couriers affirm and acknowledge that in relation to the Courier Services that Couriers provide to Clients under Part 5: Services Terms, Couriers shall:
Couriers affirm and acknowledge that as the operator of the NYPY Service, NYPY shall have no say over the amount of time you spend providing Courier Services to Clients, that you shall have full discretion over whether you accept and perform Courier Services for Clients, and that you shall be free to perform other services similar to the Courier Services by a medium other than via the NYPY Service.
Couriers affirm and acknowledge that NYPY does not guarantee any minimum number of Orders or payments to Couriers.
When Couriers nominate or arrange a Substitute,Couriers shall ensure that any such Substitute accepts that it is a Courier.
Once a Substitute is in place, Couriers will have residual obligations to the Client,any payment for delivery of the Consignment will be made via NYPY directly to the Courier nominating the Substitute (who shall made their own arrangements between themselves).
By agreeing to be a Substitute, such Substitute agrees to provide the Courier Services to the Client in accordance with the terms of Part 5: Services Terms.
Couriers shall not conduct any direct marketing using personal information (which, for clarity and certainties sake, shall include all email addresses and phone numbers) that came into Couriers possession through Couriers use of and activities on the NYPY Service, nor will Couriers disclose such personal information to any third party without NYPY’s express written consent.
Furthermore,Couriers shall not include in any information uploaded to the NYPY Service(or in any other communication with any Clients) any details or information relating to any product or service (other than Courier Services provided through NYPY).
Couriers shall strictly comply with all policies and guidelines of NYPY, published on the NYPY Service from time to time.
Couriers warrant, represent and undertake that they will comply with all applicable legislation in respect of any information they provide via the NYPY Service, and any other communication with any Clients, and that such information shall not infringe any intellectual property rights or rights under data protection law, or any other rights of any third party.
Couriers hereby indemnify NYPY in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses arising as a result of any breach by them of these terms of business, or of any claim or action brought in connection with the Courier Services; any information they provide via the NYPY Service or any other communication with any Clients; and/or infringement of intellectual property rights, rights under data protection law, or any right of a third party.
NYPY shall provide an Order change function via the NYPY Service, by which you may notify the Client of changes to the charges in the event that you amend the Order at any time between your acceptance of the Order and delivery of the Consignment.
Payments from Clients in relation to your Courier Services (including as a Substitute) shall be made to NYPY via such payment processor as NYPY may notify to you in writing from time to time (the “Payment Processor”) or via BACs.
You consent to NYPY raising invoices from you to NYPY on your behalf on a weekly basis (unless otherwise agreed between you and NYPY).
NYPY will remit to you the amount agreed between you and NYPY in relation to each Order (the “Received Price”), which shall be inclusive of any VAT that may be applicable.
No further benefits shall accrue to you besides the Received Price.
You affirm and acknowledge that you will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Received Price (including VAT if applicable) and you shall indemnify NYPY in respect of any such payments required to be made by NYPY.
Where a Client requests a refund in accordance with Part 5: Services Terms or any consumer right, you shall refund the Received Price to NYPY immediately.
You shall pay all other fees and charges (if any) notified to you during the Courier registration process or otherwise in advance of such fees and charges becoming due (“Fees”).
The Fees shall be due and payable in accordance with the payment terms notified to you. The Fees are exclusive of VAT and any other sales tax which shall, where applicable, be paid in addition.
NYPY may change the Fees at any time on the provision of notice to you in writing, by email or through your use of the NYPY Service.
Your continued use of the NYPY Service following notice of such change shall be deemed to be your acceptance of the new Fees.
If you do not agree with the changes to the Fees, you may terminate your agreement with NYPY by notice in writing or by email.
If any Fees are not paid within 30 days after the due date then (without prejudice to NYPY’s other rights and remedies) NYPY reserves the right to charge interest on such sum on a day to day basis from the date such payment was due to the date of actual payment (both dates inclusive) at the rate of 8 per cent above the base rate of the Bank of England from time to time in force compounded quarterly. Such interest shall be paid by you on demand.
NYPY shall be a data controller of certain personal data in relation to Couriers, as set out in, and in accordance with the terms of, NYPY’s Privacy Policy.
If NYPY fails to comply with this Part 4: Courier Usage Terms or any other legal obligation it has towards you, NYPY shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations. If NYPY’s failure to comply with its obligations is not remedied following such reasonable opportunity then, subject always to paragraph2,6 of Part 2: User Terms, NYPY’s total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited in the aggregate to the 20% of all sums paid to such Courier by NYPY in respect of the Received Price for all Orders during the 6 month period prior to the date on which the event giving rise to the claim first occurred.
Given the nature of the NYPY Service, the Courier accepts and affirms that it would be disproportionately onerous on NYPY for claims to be brought more than six (>6) months after the event giving rise to the claim. Accordingly the Courier shall not be entitled to bring any claim following such period.
Either party may suspend or terminate the agreement between NYPY and the Courier immediately on provision of written notice to the other. In such event:
Suspension or termination of the agreement between NYPY and the Courier shall not affect the rights of either party accruing or accrued prior to the termination of the agreement.
Paragraph4.4 (in respect of any outstanding payments), paragraph4.5, paragraph4.6 and paragraph4.7, and all paragraphs required for their interpretation, shall survive termination of this Part 4: Courier Usage Terms (for any reason).
This Part 5: Services Terms shall apply between Couriers and Clients (but not NYPY).
A contract will come into existence between the Courier and the Client at the point of the Courier’s acceptance of the Client’s Order.
Details of the Courier which will carry the Consignment in relation to each Order will be provided to the Client when Courier accepts the Order.
You can contact the Courier through the NYPY Service. If the Courier has to contact you, they will do so by telephone or by writing to you through the NYPY Service.
Subject to the terms of this Part 5: Services Terms, the Courier will collect and deliver the Client’s Consignment in accordance with the applicable Order as agreed via the NYPY Service.
In performing this obligation, the Courier cannot guarantee collection dates and times. If the Courier is not able to collect a Consignment by the time set out in the applicable Order, the Courier will notify the Client of the revised collection time as soon as possible.
The Courier may appoint a Substitute to perform the Courier Services on their behalf, provided that the Substitute shall be subject to equivalent obligations to the Courier’s under this Part 5: Services Terms. For clarity and certainties sake, the Courier will continue to be subject to all duties and obligations under this Part 5: Services Terms for the duration of the appointment of the Substitute.
Couriers do not deliver to addresses outside the United Kingdom, save as expressly consented to by NYPY.
Unless otherwise agreed in writing, the Client may include the following items (“Excluded Items”) in a Consignment, but the Courier shall have no liability in respect of such items:
The Client shall not include any items in a Consignment which are illegal to carry, own or transport, or which, in the Courier’s reasonable opinion may potentially be hazardous or dangerous to the Courier of the general public (“Prohibited Items”).
Prohibited items include but are not limited to the following:
The Courier will have no liability in respect of any Prohibited Items or Excluded Items in the Client’s Consignment, including but not limited to any loss or damage or failure to deliver Prohibited Items or Excluded Items.
The Client agrees to indemnify the Courier against all loss and damage caused by any Prohibited Items or Excluded Items in the Client’s Consignment and/or by the Client’s breach of the above prohibition.
In the event that the Client’s Consignment includes any Prohibited Items or Excluded Items, it may be subject to delay, return or be held for collection by the Client or the receiver.
If a Consignment containing Excluded Items is held for collection, the Client will be notified that the collection of such Consignment must be arranged by a certain date.
The Client may incur storage charges in relation to this.
The Consignment may be discarded if:
Consignments may include data stored in writing in any format, whether hard copy or electronic, with contents including but not limited to names, addresses, bank details, signatures and dates of birth, but this shall be entirely at the Client’s own risk.
The Client must provide a full street address, and not a PO Box or BFPO address, both for the collection and delivery.
The Client’s Consignment must be packaged to a reasonable standard to protect the contents. The packaging must also be sufficient to hold the Consignment’s weight.
All Consignments must be able to withstand a short drop, unless clearly marked as fragile.
It is the Client’s responsibility to ensure that all the details are correctly completed and displayed on the correct Consignment as delivery will be made to the details listed on the Consignment, which should match the details provided via the NYPY Service.
It is not the Courier’s responsibility to check this information.
The Courier will assume that Consignments have been correctly packaged, and will exercise an appropriate level of skill and care based on this assumption.
Any claim resulting from a Consignment which has not been packaged to a reasonable standard and in line with the above requirements may be declined.
Clients must ensure the correct parcel is given to the Courier.
The Courier has the right to refuse a Consignment in circumstances where it is reasonable for them to do so.
This includes but is not limited to the Consignment not being packaged, the packaging being insufficient, or the Consignment not complying with the information provided in the Order – for example, it is not labelled correctly, contains a Prohibited Item or is larger or heavier than stated.
In such circumstances,Clients may be charged in full.
The Client can identify the Courier by their reference ID and profile photograph, which the Client will have received when the Order was accepted.
The Courier will also have the details of the Order on their device.
Neither the Courier nor NYPY accepts any liability for loss of or damage to a Consignment as a result of the Consignment being given to anyone other than the Courier.
The collection of a Consignment will normally occur on the Client’s chosen date and within the Client’s chosen timeslot, which can be either an immediate courier booking or scheduled ahead of time as a pre-booked courier booking.
However, collection dates and times are not guaranteed.
If the Courier is not able to collect by the time set out in the Order, the Courier will notify the Client of the revised collection time as soon as possible.
If the Courier is unable to collect the Consignment on the Client’s chosen date or within the Client’s chosen timeslot by reason of the Client’s act or omission, then the Client may be charged in full.
Any redelivery of the Consignment will require a new Order, for which the Client will be charged in full.
If the Courier does not collect the Consignment within the Client’s chosen timeslot, other than by reason of the Client’s act or omission, the Client must contact the Courier immediately via the NYPY Service to rearrange collection.
In the event that the Courier is unable to collect, Clients will not be charged (or if Clients have already paid, they will receive a refund).
Delivery dates and times are not guaranteed.
Couriers will endeavour to notify Clients by email, text and/or phone call if there are any issues with delivery.
Couriers can only deliver to a full street address, and not to a PO Box or BFPO address.
If a Consignment has to be returned for this reason, no refund will be given and the Client may be charged up to the full value of the Order.
Deliveries will be made to the address on the item, main front door, reception or goods in. The Courier will not deliver to individual department or block numbers. Deliveries may be made to a neighbouring address if the agreed delivery method is not possible.
A telephone number and email address for both the sender and the receiver is required for each Consignment. Couriers will not redeliver or refund any returned item where the Courier has been unable to arrange a delivery if a telephone number or email address has not been provided.
The Courier will call/email/text the Client if the method of delivery is not possible when they arrive at the delivery point.
After making reasonable attempts to deliver, the Courier shall return the unsuccessful Consignment to the sender. As this requires the Courier to travel twice the distance, the Client may be charged up to twice (x2) the full value of the Order.
The Client shall ensure that the receiver signs for the Consignment upon delivery, indicating whether the Consignment is undamaged, damaged or unchecked. This will be logged by the Courier.
Where the Client requests delivery where no person will be able to sign for the Consignment (e.g. such as leaving the Consignment at an unmanned address) and the Courier accepts this request, the Courier shall not be liable for any claims that the Consignment was not delivered where the Courier has confirmed in real time that the Consignment was delivered.
If the Client wishes to make a change to an Order, they must contact the Courier via the NYPY Service. The Courier will inform the Client if the change is possible. If it is possible, the Courier will inform the Client of any changes to the price of the Order, the timing of delivery or anything else which would be necessary as a result of the Client’s requested change, and ask the Client to confirm whether they wish to go ahead with the change.
If the Courier cannot make the change or the consequences of making the change are unacceptable to the Client, please see paragraphs 5.8, 5.9 and 5.10 of this Part 5: Services Terms.
Neither the Client nor the Courier shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to any of the events set out in paragraph 2.8 of Part 2: User Terms.
The Client has the right to withdraw from the order process at any point before the Client has submitted an Order.
In the event the Client terminates within a reasonably short period following the Courier’s acceptance of the Order, or reasonably in advance of the beginning of the pickup window, the Client will not be charged a cancellation fee.
In the event the Client terminates at any other time up to collection, a cancellation fee equivalent to a reasonably proportionate amount of the charges payable or the minimum vehicle fee as listed in the pricing schedule (whichever is largest) will apply.
Once the Consignment has been collected from the Client, the Client cannot terminate and the full fee shall be payable.
The Courier may end the contract at any time by writing to the Client if:
Where the Courier terminates the contract in accordance with the last bullet point set out above, they will refund any money the Client has paid in advance for services they have not provided.
Where the Courier terminates the contract in accordance with any of the other bullet points set out above, the Client shall be liable for cancellation fees as set out in this Part 5: Services Terms, including a charge for waiting at the pickup location (if relevant).
In the event of a dispute between the Client and the Courier, those parties shall follow Part 6: Disputes Procedure via the NYPY Service.
In consideration for the Courier’s provision of the Courier Services, the Client shall pay to NYPY the charges agreed between NYPY and the Client and, where applicable, all Surcharges and all additional charges notified to the Client via any relevant change control procedure.
All payments must be made via the NYPY Service. All charges set out on the NYPY Service are net (excluding VAT) unless specified otherwise. If the Client’s account is not registered as a business, amounts including VAT shall be notified to the Client via the NYPY Service.
Payments shall be made via such payment processor as NYPY may notify the Client in writing from time to time or, where agreed in writing with NYPY, via BACs to NYPY.
Save as otherwise expressly agreed in writing with NYPY, the Client shall pay all charges agreed between NYPY and the Client, together with all Surcharges and all additional charges notified to the Client via any relevant change control procedure immediately following delivery (or on the Courier’s confirmation that it has been unable to collect the delivery, where this has been cause by the Client’s act or omission).
NYPY shall be entitled to recover any monies owed under Part 5: Services Terms.
If the Client fails to make a payment due to NYPY under this Part 5: Services Terms, then (without limiting NYPY or the Courier’s remedies elsewhere under these terms) the Courier and the Client agree that NYPY can charge the Client a n appropriate administration fee on each occasion they need to contact the Client reminding about the payment.
In addition, the Courier and the Client agree that the Client shall pay interest to NYPY on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this paragraph will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%. Where a payment is disputed in good faith, interest is only payable after the dispute is resolved, on sums found or agreed to be due, from the due date until payment.
If the Client disputes any invoice, they must notify NYPY in writing within seven (<7) days, and shall pay all amounts not disputed by the Client on the due date as set out above, otherwise administration fees and interest may be applied.
Surcharges may be payable by the Client in addition to the charges quoted when the Order is placed.
Surcharges represent the additional costs incurred by the Courier in connection with provision of the Courier Services. NYPY shall endeavour to provide reasonable advance notice and/or details of the amounts of such Surcharges and the circumstances in which they will apply.
When a Surcharge is payable, it will be charged directly to the payment method used to make the initial Order (and the Client hereby authorises the automated payment of such charges).
In the event of loss or damage to the Client’s Consignment, both the Client and the Courier shall comply with Part 6: Disputes Procedure.
The Courier shall only be liable to the Client to the extent to which the Client has not already recovered its loss and damage from NYPY.
In this event, the Courier shall be liable to the Client for direct loss up to a maximum of the equivalent of the charges paid in relation to the relevant Order.
The Courier shall not be liable for losses that result from its failure to comply with this Part 5: Services Terms that fall into the same categories as set out in paragraph 2.6 of Part 2: User Terms
The Courier shall not be liable for losses that result directly or indirectly from or in connection with any of the following, regardless of any other contributory cause or event:
Nothing in these terms of business shall limit or exclude the Courier’s liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other loss which cannot be limited or excluded by law.
The Courier receives personal data provided by the Client via the NYPY Service.
The Client and the Courier acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and the Courier is a data processor in relation to the personal data set out in the table below.
Types of personal data:
Categories of data subject:
Scope of processing:
Nature of processing:
Purposes of processing
Duration of processing
The Client and the Courier will comply with the Data Protection Legislation.
The Courier shall, in relation to any personal data processed in connection with the Consignment:
The Client agrees that any Substitute appointed under this Part 5: Services Terms is a third party processor of personal data.
By agreeing in writing to be a Substitute under this Part 5: Services Terms, the Substitute shall agree to comply with this paragraph5.14 and NYPY’s Privacy Policy.
The Courier shall remain fully liable for all acts or omissions of any Substitute (as a third-party processor) appointed by it pursuant to this paragraph 5.14.
The Courier shall not be considered a data controller or a data processor for any personal data that is contained within a Consignment.
The Client may not transfer its rights or obligations under this Part 5: Services Terms to any third party.
All contracts formed pursuant to these terms of business are between the Client and the Courier.
Except as expressly provided, no other person shall have any rights to enforce any of such contracts’ provisions.
Paragraphs 5.7, 5.8, 5.9, 5.10, 5.11 (in respect of any outstanding payments), 5.12 (in respect of any outstanding additional payments), 5.13 and 5.14, and all paragraphs required for their interpretation, shall survive termination of this Part 5: Services Terms (for any reason).
This Part 6: Disputes Procedure shall apply between NYPY, Couriers and Clients.
NYPY shall provide a procedure for resolving disputes between Clients and Couriers via the NYPY Service.
NYPY shall use its reasonable endeavours to mediate any dispute between the Client and the Courier where such dispute is submitted to NYPY via the disputes procedure, and both parties comply with the terms set out in this Part 6: Disputes Procedure.
Once the Courier has departed following delivery of the Consignment, or in the event that the Courier does not deliver a Consignment and has not been able to find the Consignment in accordance with paragraph 6.4 below, the Client shall submit all enquiries relating to loss or damage to Consignments to NYPY and not to the Courier.
Failure to comply with this requirement may cause a delay in the resolution of any dispute.
In the event of damage to a Consignment, the Client must:
In the event of non-delivery of a Consignment, the Client must:
On submission of a dispute, the Client shall provide to NYPY:
Both the Courier and the Client shall provide all other information requested by NYPY to assist with its assessment of a dispute within twenty-one (≤21) days of receipt of our request.
Such information may include photographs of the Consignment or permission for NYPY to inspect the Consignment.
If the information requested is not received within the above timescales, NYPY may refuse to mediate the dispute.
NYPY may also ask for an estimate of repair costs for damaged items, or confirmation that an item cannot be repaired, to be supplied by a specialist in the relevant type of repairs.
NYPY shall retain all charges paid by the Client to NYPY in respect of the delivery of the relevant Consignment throughout the period of any dispute process and until the period for contesting a decision, as set out below, has passed.
In the event that the dispute is not resolved via the disputes procedure, the Client and the Courier shall make alternative arrangements for the resolution of the dispute.
If the Client or the Courier wishes to contest any decision made via the dispute procedure, they must write to NYPY’s administration team (details available via the NYPY Service) within seven (≤7) days from the date of the decision.
NYPY does not accept any liability in respect of the disputes procedure, including any failure of the procedure to resolve the dispute.
This Part 7: General Terms shall apply to each of the other parts of these terms of business.
NYPY may amend these terms of business at any time (other than in relation to a contract already formed under Part 5: Services Terms - that has already been entered into between a Courier and a Client for a specific booking) on the provision of notice in writing, by email or via a message displayed on the NYPY Service.
Clients and Couriers continued use of the NYPY Service (whether wholly or partly) shall be deemed their acceptance of such changes in respect of the updated or revised terms.
If Clients or Couriers you do not agree with the changes to these terms of business, they may terminate their agreement with NYPY by notice in writing.
All notices given by to NYPY must be given using NYPY’s contact details set out on the NYPY Service.
All notices given by to other Users must be given via the NYPY Service.
NYPY may give notice to Users by posting details on the NYPY Service, by using the email or postal address Users provided on registration (where applicable), or such other email or postal address as Users notify NYPY in writing from time to time.
Notice will be deemed received and properly served immediately when posted on the NYPY Service, twenty-four (24) hours after an email is sent, or three (3) days after the date of posting of any letter
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Each of the paragraphs of these terms of business operates separately.
If any of the terms of business are deemed by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Parts 2 to 6 and any document expressly referred to in them each constitute the whole terms between the parties and the relevant counterparties and supersede any previous arrangement, understanding or terms between such party and such counterparties relating to the subject matter of the relevant Part.
Each party acknowledges that, in entering into Parts 2 to 6 (including any document expressly referred to in them), they have not relied on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to the relevant Part or not) other than expressly set out in the relevant Part.
Each party agrees that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in the relevant Part.
All paragraphs in this Part 7: General Terms, and all paragraphs required for their interpretation, shall survive termination of the terms of business (for any reason).
These terms of business and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.