We pull up Logistics, the one stop shop for all your logistics needs
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© 2023 WE PULL UP. All rights reserved
Section A: Definitions shall set out definitions used in each of the other sections, and form part of the contracts in sections B to F.
Section B: Visitor Terms shall apply between We-pullup ltd and all Visitors to this Site (which includes both Customers and Couriers).
Section C: Customer Usage and Next Day Services Terms shall apply between We-pullup ltd and Customers, and link to the Carrier Company Terms.
Section D: Disputes Procedure shall apply between We-pullup ltd and Customers.
Section E: General Terms shall apply to, and form part of the contracts in, sections B to F.
Section F: Data Protection and Privacy Policy.
This Section A: Definitions shall set out definitions used in each of the other sections.
Consignment: The items to be collected and delivered in accordance with an Order.
Courier Services: Same Day Services or Shift Services provided by We-pull up ltd to Customers subject to the terms of Section E: Same Day and Shift Services Terms.
Customer: Any person using We-pullup ltd to book Courier Services.
Data Protection Legislation: Any applicable laws relating to the processing, privacy and use of personal data, as applicable to We-pullup ltd, this site, the Customer, 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.
Fee: The cost of the Order.
We-pullup Ltd: a company registered in England and Wales under company number 14309296, with its registered office at 23 Egmont Street, London, Se14 5qw
We-pullup site: The online marketplace located at We-pullup.co.uk (including subdomains)
Next Day Services: Services We-pullup ltd provide to Customers where we collect and deliver a Consignment on different days (regardless of when the Order is made) subject to our terms and conditions.
Privacy Notice: We-pullup Ltd privacy notice as set out on Section F below.
Same Day Services: Services provided by us to Customers where we collect and deliver a Consignment on the same day (regardless of when the Order is made).
Shift Services: Services provided by us to Customers where we are booked for a period set out in an Order.
Order: A booking for Courier Services submitted by a Customer via the We-pullup Ltd site.
Visitor: Any person visiting or using the We-pullup ltd site
This Section B: Visitor Terms shall apply to all Visitors to the We-pullup site. All Visitors agree to be bound by the terms and conditions set out in Section B.
B1. The We-pullup site is operated and maintained by We-pullup Ltd.
We-pullup Ltd provides a booking platform for Customers wanting Courier services for same day and next day. The platform makes the booking process very easy, allowing a booking to be confirmed in a few clicks. Wepullup Ltd may have links to websites of third parties. These third-party websites are not the responsibility of We-pullup Ltd and We-pullup Ltd 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 nor the products or services sold via them.
All Visitors who wish to purchase via the We-pullup site must register using an online registration form.
By registering, Visitors warrant that they:
a. are legally capable of entering into binding contracts;
b. are at least 18 years old; and
c. have not previously registered with We-pullup Ltd and had their registration suspended or terminated.
Registering Visitors consent to We-pullup Ltd conducting verification and security checks as part of the registration process.
Visitors registering as a business entity warrant and represent that they have the authority to bind the entity to these terms.
We-pullup Ltd has no obligation to accept any Visitor registration and may reject or prohibit any registration at its sole discretion.
Upon registration, Visitors warrant that the information provided to Wepullup Ltd is always true, accurate and complete and any changes to such information is promptly notified to We-pullup Ltd.
All registered Visitors are required to keep all registration details, passwords and login details for the We-pullup Ltd site (“Login Details”) confidential and secure.
Visitors are solely responsible and liable for their own use of the site and to enforce any obligation to a third party that arises from Visitor’s use of the site.
By registering, Visitors warrant that they:
a. are legally capable of entering into binding contracts;
b. are at least 18 years old; and
c. have not previously registered with We-pullup Ltd and had their registration suspended or terminated.
Registering Visitors consent to We-pullup Ltd conducting verification and security checks as part of the registration process.
Visitors registering as a business entity warrant and represent that they have the authority to bind the entity to these terms.
We-pullup Ltd has no obligation to accept any Visitor registration and may reject or prohibit any registration at its sole discretion.
Upon registration, Visitors warrant that the information provided to Wepullup Ltd is always true, accurate and complete and any changes to such information is promptly notified to We-pullup Ltd.
All registered Visitors are required to keep all registration details, passwords and login details for the We-pullup Ltd site (“Login Details”) confidential and secure.
Visitors are solely responsible and liable for their own use of the site and to enforce any obligation to a third party that arises from Visitor’s use of the site.
Visitors agree to:
d. not use Login Details with the intention of impersonating another entity;
e. not allow any other entity to use their Login Details;
f. not do anything likely to impair, interfere with or damage or cause harm or distress to any other Visitor;
g. not infringe any rights of any third parties or other Visitors;
h. comply with all instructions and policies from We-pullup site from time to time in respect of the site;
i. co-operate with any reasonable security or other checks or requests for information made by we-pullup ltd from time to time;
j. And use the information made available to you on the we-pullup site at your own risk.
All Visitors consent to We-pullup Ltd monitoring their usage of the Wepullup site from time to time.
We-pullup Ltd shall use its reasonable endeavors to provide We-pullup site at all times.
We-pullup Ltd shall be entitled at its own discretion and upon notice, to suspend the site whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable for any such suspension or non-availability of the site (whether wholly or partly).
We-pullup Ltd may suspend or terminate access to the site (wholly or partly) in the event that:
k. third-party services and network providers cease to make these services or networks available to we-pullup;
l. We-pullup has reason to believe that a Visitor, or someone using Visitor’s Login Details, has failed to comply with one or more of these terms;
m. We-pullup has reason to believe that there has been fraudulent use, misuse or abuse of features and functionalities of the site (in whole or in part); or
n. We-pullup has reason to believe that Visitor has provided it with any false, inaccurate or misleading information.
We-pullup ltd relies on third party providers (such as network providers, data centers and telecommunication providers) to make the site available. Whilst We-pullup Ltd takes all reasonable steps available to it to provide Visitors with a good level of service, Visitors acknowledge and agree that We-pullup Ltd does not warrant that the site shall be always uninterrupted or fault-free. Therefore We-pullup Ltd shall not be liable in any way for any losses Visitors may suffer because of delays or failures of the site because of its service providers.
Subject to the exceptions set out in the last paragraph of this clause B6 below, We-pullup Ltd shall not be liable for losses that result from its failure to comply with these terms that fall into the following categories:
o. consequential, indirect or special losses;
p. loss of profits, income or revenue;
q. loss of savings or anticipated savings, interest or productions;
r. loss of business or business benefits;
s. loss of contracts;
t. loss of opportunity or expectations;
u. loss of goodwill and/or reputation;
v. loss of marketing and/or public relations time and/or opportunities;
w. loss of data; or
x. loss of management or office time,
or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
Nothing in these terms shall limit in any way We-pullup Ltd liability:
y. for death or personal injury caused by its negligence;
z. for a person acting in their capacity as a consumer under section 2(3) of the Consumer Protection Act 1987;
aa. for fraud or fraudulent misrepresentation; or
bb.for any matter for which it would be illegal for we-pullup to exclude, or attempt to exclude, its liability.
We-pullup Ltd and/or its licensors own all intellectual property rights in and to the site. Visitors have no intellectual property rights in, or to, the site, We-pullup Ltd hereby grants a non-exclusive, non-transferable, limited license to the extent strictly necessary to access and use the site in accordance with these Terms
Without limiting the generality of the above, Visitors are expressly prohibited from:
a. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the site including, without limitation, any information, articles, photographs, images or submissions made available to you using the site; and
b. removing, modifying, altering or using any registered or unregistered marks/ logos/ designs owned by we-pullup and/ or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of we-pullup ltd or could be considered an infringement of any of the rights in the intellectual property owned by and/ or licensed to we-pullup ltd.
Any Courier Same day/ Next Day Services advertised on the site are subject to our Terms. These include any terms relating to prohibited items and extra charges notified to the Customer during the booking process.
The amount payable shall be the amount set out in the Order, as may be amended from time to time
We-pullup may suspend or terminate Customer’s access to the site in the event of a breach of our Terms.
Customers enter the required information in relation to a potential booking on the site. We-pullup ltd will then provide a quote which sets out the charges for a Courier to provide the required Courier Services, or for a Carrier Company to provide the Next Day Services, as applicable, based on this information (“Quote”) via the We-pullup site.
Customer acceptance of a quote will then generate an Order on the site, then job will then be assigned to the designated driver.
The We-pullup site allows for the automated placing of Orders by the Customer without any human intervention. We-pullup ltd then check Orders before they are assigned to our Courier. It is essential that the Customer correctly enters all details required for the Order so that the correct Courier Services or Next Day Services and charges are displayed. Quotes are based on the information provided by the Customer when booking.
A contract for the Courier or Carrier Services will only be formed between you and We-pull up ltd when you confirm your Order. If we accept your Order, we will provide the Customer with a booking confirmation unique reference code for the job.
We will use reasonable endeavors to update the Customer in real time if anything changes at each stage of the journey (e.g., enroute, collection, delivery).
We-pull up ltd reserves the right to refuse and cancel any Order and undertake payment and fraud security checks which may lead to the rejection of an Order.
Any changes to the order a confirmed mut be notified to our admin team via the chat facility. Changes may incur additional fee, cancellation may incur additional fee.
Certain Surcharges may be payable by the Customer in addition to the carriage fees which are set out as the cost for the standard delivery of your order. When a Surcharge is payable, it may be charged directly to the payment method used to make the initial order (and you hereby authorise the automated payment of such charges). If we have not obtained your consent to charge Surcharges directly to your original payment method, we will contact you directly to arrange payment.
Any Surcharges represent the additional administrative costs which will be suffered in connection with the Courier Services. This information is made available to you prior to placing your order.
For illustrative purposes, the following is a non-exhaustive list of when surcharges may be payable.
Waiting time
All jobs are inclusive of ten (10) minutes waiting time from arrival at collection/ delivery location, after which waiting time will be charged to Customers and payable on a per minute basis. There is no charge for any waiting time minutes within the first ten (10) minutes from arrival at collection /delivery location. The rate per minute depends on the vehicle type:
| Vehicle | Charge per minute |
|---|---|
| Small Vans | 50p |
| Medium Vans | 75p |
| Large Vans | £1 |
Cancellation
A surcharge of 100% of the Fee (in addition to the Fee remaining payable) may be applied when the Courier tries to deliver the Consignment and is unable to deliver in accordance with the Order, after the Courier’s attempts to contact the Customer have failed or it has been confirmed the collection cannot be made when scheduled. If the Courier has attempted delivery within the window required by the Customer and it is not deliverable, the Customer will be liable for and charged the surcharge. If however, the Courier has missed the required delivery window then the Customer will not be liable for the surcharge.
A surcharge of 100% of the Fee (in addition to the Fee remaining payable) will be applied if the receiver refuses to take delivery of the Consignment and they need to be sent back to the collection point or if it is not in the reasonable opinion of the Courier possible to leave the Consignment in a safe place at the point of delivery.
The weight and dimensions of your Consignment must be entered accurately on the site. On receiving the Order details, we will make a judgment as to whether the chosen van has room to take the Consignment before we assign the job. If the Consignment is significantly heavier or larger than the stated weight/ size, We-pull ltd is entitled, acting reasonably, to refuse to take the Consignment and a Cancellation Fee of 100% of the minimum price for the selected vehicle will be payable (instead of the full fee payable).
| Vehicle | Base price | Charge per minute |
|---|---|---|
| Small Vans | £8.69 | £1.94 |
| Medium Vans | £11.24 | £2.5 |
| Large Vans | £14.31 | £3 |
We-pull up ltd shall invoice the Customer for all sums due, plus VAT, in respect of:
cc. services provided to the Customer (including Surcharges and Cancellation fees);
dd. Standard Liability and/ or Enhanced Liability Insurance.
ee. Any other additional services or costs which may form part of the Order
Amounts owed to We-pullup ltd are due and payable on the date of the invoice, unless otherwise agreed in writing. Payments shall be made via such payment process as agreed with We-pullup ltd.
If the Customer disputes any invoice, the Customer must notify We-pullup ltd in writing within seven (7) days of receipt of the invoice. The Customer shall pay all amounts not disputed on the due date, otherwise administration fees and interest may be applied.
We-pullup ltd shall be entitled to recover any monies owed to the Wepullup ltd for rendered courier services, including but not limited to cancellation fees and Surcharges. The Customer shall indemnify Wepullup ltd against all costs and expenses (including legal fees) that are incurred by We-pullup ltd in enforcing our terms against the Customer.
“Standard Liability Insurance” shall mean that We-pullup ltd total liability to the Customer under the indemnity set out below, in respect of the applicable Consignment, shall be limited in the aggregate to £100 or, if lower, the value of the applicable Consignment.
Where the Customer elects to pay an additional charge for “Enhanced Liability Insurance” in relation to an Order, We-pullup ltd total liability to the Customer 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.
Where a dispute has been resolved, We-pullup ltd shall indemnify the Customer against direct loss (if any) caused by the Courier (as applicable) that results in loss of or damage to Customer’s Consignment. The amount payable under this indemnity shall be the amount of direct loss agreed between the Customer We-pullup ltd 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:
(a) reasonable freight costs and postage fees incurred by you or Wepullup ltd in relation to (b) or (c) below;
and
(b) the reasonable repair costs of the item(s) damaged; or
(c) if the item(s) are lost or damaged beyond repair, the lowest of:
a. the reasonable replacement cost, taking account of depreciation for wear and tear; and
b. the actual sale price of the item(s).
This indemnity shall not apply to loss or damage to Prohibited Items, Excluded Items or to any other item for which liability is excluded Likewise, this indemnity shall not apply to loss or damage to prohibited items or any other item for which liability is excluded under our applicable Terms.
Where the Customer receives a payment from under this clause in relation to a Consignment, this indemnity shall be the sole and exclusive remedy for the Customer for all loss and damage caused by the breach of particular service rendered in relation to such Consignment, as applicable, and the Customer shall not have any contractual or other claim against We-pullup ltd for further loss and damage.
If We-pullup ltd fails to comply with these terms, We-pullup ltd shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations. If We-pullup ltd failure to comply with its obligations is not remedied following such reasonable opportunity then, subject always to clause B6 of Section B: Visitor Terms, We-pullup ltd total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited in the aggregate to £50.
This Section D: Disputes Procedure shall apply between We-pullup ltd, our Couriers and Customers.
We-pullup ltd shall provide a procedure for resolving disputes between Customers and Couriers via site. We-pullup ltd shall use its reasonable endeavors to mediate any dispute between the Customer and the Courier where such dispute is submitted to site via the Disputes Procedure, and both parties comply with the terms set out in this Section F: Disputes Procedure.
Once the Courier has departed following delivery of the Consignment, or if the Courier does not deliver a Consignment and has not been able to find the Consignment in accordance with clause below D4, the Customer shall submit all enquiries relating to loss or damage to Consignments to Wepullup contact us section. 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 Customer must:
ff. notify we-pullup ltd via the site within seven (7) days of delivery; and
gg. retain the damaged item in the state that it was delivered at the address it was delivered to, together with all packaging, until the dispute procedure is concluded.
In the event of non-delivery of a Consignment, the Customer must:
hh. contact we-pullup ltd via the site within twenty-four (24) hours of the expected delivery date as agreed between the us and the Customer through the site (“Expected Delivery Date”), to notify the Courier of the failure to deliver; and
ii. permit the Courier seventy-two (72) hours to search for and locate the lost item.
On submission of a dispute the Customer shall provide to We-pullup ltd proof that the Courier has collected the Consignment from the sender; a copy of the invoice for the item that shows the value of the Consignment; and serial numbers and IMEI numbers for electrical items.
Both the Courier and the Customer shall provide all other information requested by We-pullup ltd to assist with its assessment of a dispute within twenty-one (21) days of receipt of We-pullup ltd request. Such information may include photographs of the Consignment or permission for We-pullup ltd to inspect the Consignment.
If the information requested is not received within the above timescales, We-pullup ltd may refuse to mediate the dispute.
We-pullup ltd 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.
We-pullup ltd shall retain all charges paid by the Customer to We-pullup ltd 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 of a dispute with any other Visitor to the We-pullup site, We-pullup ltd is released from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute, except as expressly set out in these terms.
This Section E: General Terms shall apply to each of the other sections.
We-pullup ltd reserves the right to amend these terms at any time, continued use of the We-pullup site (whether wholly or partly) and Services shall be deemed to be acceptance of such change(s) in respect of the updated or revised terms. If you do not agree with the changes to these terms, you may cancel your agreement with We-pullup ltd by written notice.
We-pullup ltd reserves the right to make any changes to the site including any functionalities and content therein or to discontinue a specific feature from time to time provided that:
All notices to We-pullup ltd or other Visitors must be given via the Wepullup site.
All notices from We-pullup ltd must be given via the We-pullup site, by using the email address provided on registration or such other email address notified to We-pullup ltd in writing.
Notice will be deemed received and properly served immediately when posted on the We-pullup site, twenty-four (24) hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to the specified email address of the addressee.
Neither party 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 following:
jj. Acts of God, flood, earthquake, windstorm or other natural disaster;
kk. epidemic or pandemic;
ll. war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
mm. terrorist attack, civil war, civil commotion or riots;
nn.nuclear, chemical or biological contamination or sonic boom;
oo. any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary license or consent;
pp.fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the Courier) or adverse weather conditions;
qq. interruption or failure of utility service, including but not limited to electric power, gas or water;
rr. any labour dispute, including but not limited to strikes, industrial action or lockouts;
ss. non-performance by suppliers; and
tt. collapse of building structures, failure of plant machinery, machinery, computers or vehicles.
We-pullup ltd reserves the right to charge an administration fee of £25 (without limiting We-pullup ltd remedies elsewhere in these terms) each time it must contact the Customer regarding late payment.
Interest will be charged on all late payments and will accrue at an annual rate of eight per cent (8%) above the Bank of England’s base rate, subject to a minimum base rate of zero per cent (0%). Interest will be charged daily from the due date until the payment date of the overdue balance.
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 date.
We-pullup ltd reserves the right to suspend access to Services should the Customer fail to make an overdue payment.
Each of the paragraphs of these terms operates separately. If any of the terms 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
Sections B to E and any document expressly referred to in them each constitute the whole terms between Parties and supersede any previous arrangement, understanding or terms between Parties relating to the subject matter of the relevant section.
Each party acknowledges that, in entering Sections B to E (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 Section or not) other than expressly set out in the relevant Section.
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 Section.
All clauses in this Term: General Terms, and all clauses required for their interpretation, shall survive termination of the terms for any reason.
These terms 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 nonexclusive jurisdiction of the courts of England and Wales.
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