Terms and Conditions

BACKGROUND

Mule App Limited (“Mule”) provides logistic services for its customers who use its app. Mule has reasonable skill, knowledge and experience in that field. These Terms and Conditions shall apply to any order for the delivery of goods placed by the Customer through the Mule App.


1. Definitions and Interpretation


1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Agreement

means the agreement entered into by Mule and the Customer incorporating these Terms and Conditions (or variation thereof agreed upon by both Parties) which shall govern provision of the Services;

App

Means the Mule App which can be downloaded either in iOS or Android and whereby a user can arrange for the delivery of goods from one place to another in return for the payment of Fees

Contracted Courier

a courier company that Mule uses as a sub-contractor for providing courier and delivery services

Customer

means a person who wishes to use the Services of Mule when he she or it places an Order through the App;

Customer Goods

The goods that are to be delivered under and pursuant to an Order

Confidential Information

means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);

Data Protection Legislation

means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;

Enhanced Parcel Protection

Parcel protection cover offered by the App to the Customer when making an Order for any damage or loss to the goods in excess of £250 but up to a maximum of £750

Fees

means any and all sums due under the Agreement from the Customer to Mule, as specified in the Agreement;

Order

Means an order placed by a Customer who uses the App for Mule to provides Services for the Customer Goods and such is confirmed by email.

Prohibited Goods

Means goods listed at ( https://mule.app/prohibiteditems.html ) which sets out for each Contracted Courier, whether goods are (i) prohibited from being sent (ii) the item is listed as protected for loss only (i.e. not damage or (iii) not protected for any loss or damage (“No Protection” item)

Services

means logistic services whereby Mule arranges for the delivery of the Customer Goods from one location chosen by the Customer to another location chosen by the Customer following the placing of an Order by the Customer within the App

Stated Value

means the value that the Customer states that the Customer Goods are worth when placing an Order

Term

means the term of the Agreement as defined therein.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;

1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions or to a Clause of the Agreement, as appropriate; and

1.2.5 a "Party" or the "Parties" refer to the parties to the Agreement.

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4 Words imparting the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

1.6 References to persons shall include corporations.


2. Core Terms


2.1 These terms and conditions shall apply to each Order made by the Customer.

2.2 Once an Order is placed by the Customer through the App, Mule shall provide Services to the Customer for each Order placed by the Customer.

2.3 Mule shall deliver the Customer Goods in accordance with an Order in the manner set out in the Order.

2.4 Mule shall provide the Services with reasonable skill and care.

2.5 Mule shall use reasonable endeavours to ensure that its Contracted Couriers deliver a parcel by the estimated date of delivery. Mule does not guarantee that the Customer Goods are delivered by the date set for delivery.


3. Customer’s Obligations


3.1 The Customer shall not use the App to deliver Customer Goods in one Order worth more than £750.

3.2 The Customer shall not use the Services of Mule to deliver goods that are listed as Prohibited Goods as being goods that are prohibited from being sent.

3.3 The Customer shall be responsible for compliance with any laws and regulations applicable to the Customer Goods as opposed to the provision of the Services. The Customer recognises that whilst Mule is responsible for the delivery of the Customer Goods, it does not know what those Customer Goods will be.

3.4 The Customer shall use packaging for the Customer Goods that is reasonable and robust enough taking account of the nature of the Customer Goods such that they will not be damaged in transit if no incident out of the ordinary occurs.

3.5 The Customer shall ensure that all information entered when using the App is accurate and complete including but without prejudice to the foregoing:-

3.5.1 The weight and size of the Customer Goods in an Order;

3.5.2 The name, full address and contact of the recipient of the Customer Goods

3.6 The Customer shall not send parcels to PO Boxes, parcel collection points, drop off points or similar locations..

3.7 The Customer shall indemnify Mule arising out of any losses or liabilities including legal costs that Mule becomes liable to a third party which shall include any fines or penalties levied by a customs authorities, trading standard organisation or other governments where such arises by reason of any of the following:

3.7.1 The Customer Goods are criminal goods or unlawful in any way;

3.7.2 The Customers Goods are labelled ambiguously or otherwise deficient;

3.7.3 Any fees levied by any authority for storage or seizure fees arising out of the impounding or seizing of the Customer Goods;

3.7.4 The Customer Goods are not those of the Customer or the Customer has no right to possession of the Customer Goods.


4. Fees


4.1 The Customer shall pay the Fee stipulated by the App for the provision of any Services relating to any Order.


5. Inaccurate Facts/Change of Address– Right to Levy Charge


5.1 If a Customer enters inaccurate information (contrary to Clause 3.5) and that causes a Contracted Courier to charge Mule extra fees, then Mule shall be entitled to

5.1.1 invoice the Customer to pay the extra fees; and/or

5.1.2 add the extra fees to the Fees of a subsequent Order placed by the Customer; and/or

5.1.3 bill the Customer for the extra fees and take payment for the extra fees from Stripe.

5.2 If a Customer changes the address of a parcel after the Customer has parted possession with the parcel, Mule shall be entitled to charge the customer for any rerouting charges from the Contracted Courier that it may charge Mule.

5.3 Mule cannot guarantee any requests for changes to the address may be fulfilled by the Contracted Courier.


6. No One to Receive Customer Goods


6.1 If the recipient is not present at the address or a reasonable attempt at delivery has been made but the Contracted Courier has not been able to deliver the Customer Goods to the recipient, then the following shall apply

6.1.1 The Customer Goods shall be returned to the Customer;

6.1.2 Mule shall not be liable but the Customer shall be liable for any return fees;

6.1.3 If Mule are required by the Contracted Courier to pay any return fees then Mule may

a) invoice the Customer to pay the extra fees; and/or

b) add the extra fees to the Fees of a subsequent Order placed by the Customer; and/or

c) bill the Customer for the extra fees and take payment for the extra fees from Stripe.


7. Parcel Protection and Enhanced Parcel Protection


7.1 Unless the Customer has chosen Enhanced Parcel Protection, Mule shall compensate the Customer the loss in value up to the Stated Value of the Customer Goods where they are not delivered, lost or stolen up to a maximum of £250 provided that

7.1.1 The Customer provides evidence to the reasonable satisfaction of Mule that the goods have been lost, stolen or damaged.

7.1.2 The claim is made within 7 days of the last day of the delivery window of the Customer Goods to contact@mule.app and provided all relevant information as requested by Mule within 20 days of the last tracking update from the Contracted Courier

7.2 Where the Customer has chosen Enhanced Parcel Protection, Mule shall compensate the Customer the loss in value up to the Stated Value of the Customer Goods where they are not delivered, lost or stolen but for the avoidance of doubt, subject to a maximum of £750 provided that

7.2.1 The Customer provides evidence to the reasonable satisfaction of Mule that the goods have been lost, stolen or damaged.

7.2.2 The claim is made within 7 days of the last day of the delivery window of the Customer Goods to contact@mule.app and provided all relevant information as requested by Mule within 20 days of the last tracking update from the Contracted Courier

7.3 Where the Customer Goods are damaged and the Customer claims that the loss in value is the Stated Value (i.e. a “write off”), then the Customer Goods shall belong to Mule who shall be the absolute owner of the same and entitled to deal with them (including selling them) as it sees fit.

7.4 Mule shall only be liable by way of compensation to pay the actual loss in value or value of the Customer Goods even if such is below the Stated Value.

7.5 The Customer shall not be entitled to any compensation or refund of any additional fees incurred by the Customer where

7.5.1 the Customer Goods are “Prohibited Goods” and listed as being prohibited from being sent (see Clause 3.2);

7.5.2 the Customer has not packaged the Customer Goods in a manner that complies with Clause 3.4;

7.5.3 the Customer has provided inaccurate or incomplete information contrary to Clause 3.5;

7.5.4 the Customer has sent the Customer Goods to a place (eg PO Box, parcel collection point, etc) prohibited under Clause 3.6;

7.5.5 the Customer has changed the address of a parcel after the Customer has parted possession with it;

7.5.6 the Contracted Courier has not been able to deliver the Customer Goods (see Clause 6).

7.6 The Customer shall not be entitled to any refund where the Customer Good is a Prohibited Good and

7.6.1 Where the refund relates to damage, the Customer Good is listed as an “Item Protected for Loss Only”; or

7.6.2 The Customer Good is listed as a “No Protection” item.


8. Limitation of Liability


8.1 Nothing in this Agreement shall limit or exclude the liability of Mule for

8.1.1 Death or personal injury caused by Mule in carrying out the Services;

8.1.2 Fraud of Mule

8.1.3 Wilful misconduct.

8.2 Without prejudice to Clause 8.1, Mule’s liability for non-delivered, lost, stolen or damaged Customer Goods in any Order is limited and capped to the refund (if any) that the Customer is entitled to under Clause 7

8.3 Without prejudice to the foregoing, Mule’s liability shall be limited to £750 for non-delivered, loss, damage or theft of Customer Goods for each Order.

8.4 Nothing in this provision shall be deemed to affect the Customer’s rights under the Consumer Rights Act 2015 or other consumer protection legislation.


9. International Carriage


9.1 Where the Customer Goods are to be delivered to a country not the country where the Customer Goods were despatched from, then the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road shall apply (as set out in the Schedule to the Carriage of Goods by Road Act 1965). Insofar a such is inconsistent with the terms and conditions of this Agreement, the Convention shall take priority.

9.2 Mule shall not be liable for any import taxes, customs duties or other tax imposed on the Customer Goods when entering a country. If Mule is made liable for such charges, it shall be entitled to recover the same in full from the Customer.


10. Force Majeure


10.1 No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.


11. Term and Termination


11.1 The Agreement shall apply to any Orders placed through the App.

11.2 Mule reserves the right to suspend or terminate the Customer’s right to use the App or otherwise place Orders through the App. Such suspension or termination shall not affect the application of this Agreement to any Orders placed through the App prior to the effective date of termination.


12. Data Protection


12.1 All personal information of the Customer that Mule may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Customer’s rights under the GDPR and UK data protection laws.

12.2 For complete details of Mule’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Customer’s rights and how to exercise them, and personal data sharing (where applicable), please refer to Mule’s Privacy Notice which is accessible on the App or can be provided on request.


13. No Waiver


No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.


14. Dispute Resolution


14.1 Where a dispute arises as to whether the terms and conditions of this Agreement have been complied with, the Customer may apply to Mule setting out the nature of the complaint and giving full details

14.2 The Parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.

14.3 If such negotiations fails, the parties will attempt to resolve the dispute in good faith through mediation

14.4 If mediation fails within a reasonable time of referral of the dispute to mediation, the dispute shall (if so requested by either Party) be referred to arbitration by either Party. Neither Party shall issue court proceedings.

14.5 The seat of the arbitration shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996. The arbitrator shall be a barrister who has been called to the English Bar, who is in private practice and at least 7 years of call. In the event that the Parties are unable to agree on the barrister, either Party may, upon giving written notice to the other Party, apply to the Bar Council to appoint the barrister. The arbitration shall be solely based on written submissions and evidence and shall be summary in nature.

14.6 The arbitrator’s decision shall be final, binding on the parties and not capable of appeal (save insofar as allowed under the Arbitration Act 1996).


15. Law


15.1 The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.