30th September 2022
These terms and conditions will apply to the access or use of the services by you (the customer or you). We are Tempist ltd whose trading name is Portāl a company registered in England and Wales under number 12214799 whose registered office is at Flat 4006, Hobart Building, 2 wards place, Canary Wharf, London, E14 9TZ, with email addressEnquiries@portaldeliveries.co.uk; telephone number +44 7456318528 ; (the Supplier or us or we).
"Portāl" shall mean trading name for Tempist Limited, a private limited share company incorporated and registered in England and Wales with company number 12214799, whose registered office is at 215 Silverleigh Road, Thornton Heath, United Kingdom, Surrey, CR7 6DX.
"Website" shall mean www.portaldeliveries.co.uk
"Account" shall mean the account created when registering with Portāl in order to use our services.
"Promo Codes " shall mean promotional codes given my Portāl in order to receive exclusive discounts to request services or goods.
"Third party providers " shall refer to the couriers, executing requested services of goods.
Your Use of the Services User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to PORTĀL certain personal information, such as your name, address, mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or PORTĀL’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by PORTĀL in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive, delivery or request services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no exchange of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Text Messaging
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from PORTĀL at any time by notifying us. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Phone Calls.By creating an Account, you agree that the Services may call you as part of the normal business operation of your use of the Services. You may opt-out of receiving phone calls from PORTĀL at any time by notifying us. You acknowledge that opting out of receiving phone calls may impact your use of the Services.
Promotional Codes.PORTĀL may, in Portāl’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Portāl establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Portāl; (iii) may be disabled by Portāl at any time for any reason without liability to Portāl; (iv) may only be used pursuant to the specific terms that Portāl establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Portāl reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Portāl determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Network Access and Devices.You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. Portāl does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
PaymentYou understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, Portāl will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Portāl. Portāl will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated as soon as practicable by Portāl using the preferred payment method as discussed whilst booking of the service, after which Portāl will send you a receipt by email. As between you and Portāl, Portāl reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Portāl’s sole discretion. Portāl will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Portāl may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods prior to the receiving of a confirmation text from Portāl stating a Third Party Provider has been appointed to carry out your requested service or goods. In any case of which you would like to cancel your requested service or goods after receiving a confirmation text. you will be charged the full amount as agreed upon when you called to request our services or goods, and your requested services or goods will be carried out accordingly.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Portāl does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Portāl (on Portāl’s website, or in Portāl’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Portāl provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
Disclaimers; Limitation of Liability; Indemnity.DISCLAIMER
The services are provided “as is” and “as available.” portāl disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. in addition, portāl makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. portāl does not guarantee the quality, suitability, safety or ability of third party providers. you agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
LIMITATION OF LIABILITY
Portāl shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if portāl has been advised of the possibility of such damages. portāl shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even portāl if has been advised of the possibility of such damages. portāl shall not be liable for delay or failure in performance resulting from causes beyond portāl’s reasonable control. in no event shall portāl’s total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred euros (€500). Portāl's services may be used by you to request and schedule transportation, goods, logistics, delivery or vendor services with third party providers, but you agree that portāl has no responsibility or liability to you related to any transportation, good, logistics, delivery or vendor services provided to you by third party providers other than as expressly set forth in these terms.the limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
Indemnity
You agree to indemnify and hold Portāl and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii), (iv) your violation of the rights of any third party, including Third Party Providers.
