Kajon Delivery Service Terms of Use

Welcome to Kajon Delivery Service, Kajon is owned and operated by Kajon Delivery Service LTD.

These are the terms and conditions for: www.kajon.co.uk and our products and services.

The following terms and conditions apply to the Kajon Delivery Service website. This includes the mobile and tablet versions, as well as any other version of Kajon couriers, accessible via desktop, mobile, tablet, social media or other devices.

By accessing the Kajon Delivery Service website and using our services, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all of these Terms, then you may not use our website and services. 

In these Terms,  the word 'we, us, our' and  'Kajon couriers' refers to Kajon Delivery Sevice couriers and the words 'you' and 'your' refers to you the user of our website and our services.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.

1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Kajon Couriers. By using Kajon Deliver Service's; you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should leave the Kajon  websites and discontinue use of the platform immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Kajon Delivery Service website. You agree to be bound by any modification to this agreement, after such modification is posted: when you use Kajon's Service's. It is therefore important that you review this agreement regularly.

Kajon Delivery Service, may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the services and the website is revoked in such jurisdictions.

2. ELIGIBLITY
You may use the services only in compliance with these terms and conditions.

By using our services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereafter. Further, you represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

By providing Kajon Delivery Service with your email address and phone number, you are consenting to our use of your email address to send you notices about the service and products, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to services, news, and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via email or mobile notification. 
PLEASE NOTE: opting out may prevent you from receiving emails about updates, news or offers.

3. SERVICES
Kajon Delivery Service provides Same day courier service and parcel delivery service anywhere in the United Kingdom.

The user can request and hire our services through our booking request form - online or by calling our head office 01902 246044

The service Kajon provide, will be according to the following provisions:

We may refuse to accept a consignment for delivery, or any part of it. We may also inspect a consignment  (for example, to check for dangerous goods). if we believe that these terms may have been breached

We can use any method, or route, to deliver your consignment, including using subcontractors or agents. Your rights will not be affected where subcontractors are used by us.
As a Same day courier, Kajon will endeavour to deliver your consignment within the time you request, but Kajon cannot be held accountable where traffic has delayed a delivery.

Kajon will ensure a signed proof of delivery is obtained, at the time of delivery, with time and date and name of the receiver. The proof of delivery will be conclusive evidence that the consignment was delivered complete and in good order, unless the receiver notes otherwise at the time of delivery. 

We will not be liable for any loss or damage, where a delivery has been made to the address, to a person claiming to be the named receiver of goods, or an employee, subcontractor or agent of the company.

We will make one attempt to deliver your consignment, but if we cannot do so, we will have the option to either make a second attempt, or deliver to an alternative address provided by you, or return the consignment to you. Either of these alternatives will be at your cost, but we will attempt to contact you first to agree the best option. If we still cannot deliver your consignment, we will contact you for further instructions.

If you require a proof of delivery after delivery has been made, we can provide an electronic version on the day of delivery. If you require a hard copy then we will endeavour to provide this to you, within 14 days from the date of your delivery.

Settlement of our charges will not be conditional upon you receiving proof  of delivery, and you cannot delay or withhold payment pending receipt of proofs of delivery and our invoice for payment; irrespective of when any request was made by us.

We will retain original hard copy proofs of delivery obtained by us for a minimum period of 6 months from the date of collection. After that we may destroy these items without any reference or obligation to you.

If we are kept waiting, or loading, longer than 30 minutes over the course of a collection or delivery, we may charge you an additional amount, 
We will not be liable for any indirect or economic loss or damage suffered by you or any third party. 

We will not be liable for any loss or damage to the delivery item(s), or any delay or mis delivery if the cause was any of the following:
War, terrorism, riot, strike, lockout or any similar action, natural disasters (e.g. floods), poor or extreme weather conditions.
The delivery item(s) being seized or detained by any public authority.
Incorrect or insufficient address given on the item(s). This includes any omission or ambiguity of information provided by you.

Incorrect or insufficient packaging of the delivery item(s). Natural wastage of a perishable or fragile consignment resulting from traffic congestion or delay.
Any other event reasonably beyond our control.

If the loss or damage is our fault, then our liability to you is limited as follows:
Up to £500 maximum liability per Same-day delivery only if the value of the goods is declared at the time of booking, otherwise it is limited to up to £100 per Same-day delivery.

There are certain items we cannot accept liability for on any of our services. These include cash, notes, money orders, vouchers, credit cards, stamps, deeds, passports, tickets, traveller's cheques, jewellery, precious stones, works of art, antiques, china, glass, living creatures and any other similar valuable articles.

We shall not except any liability for damage to the whole, or any part of, the delivered item(s), or physical loss, mis-delivery or non-delivery of part of the item(s) unless we are advised of such loss, damage, mis-delivery or non-delivery; by the customer within 24 hours and proof of such claim is provided by the customer in writing within 7 days after the delivery is complete. 

Kajon will be entitled to ask you for written evidence to establish the value of the loss or damage (for example, a copy invoice from the supplier). We may also ask you to obtain an estimate of repair if appropriate. Any claim advised, but which is not pursued within 9 months from the date of claim shall be considered time barred.
You must still continue to pay our invoices in full as they become due, even though you may have submitted a claim to us.

From time to time, we may incur additional expenses in the course of delivering your consignments. These may be tolls, parking charges, waste disposal charges, or similar items. If we incur any such expenses, we will invoice them to you with normal delivery charges, and you will pay them within our credit terms.

Any quotation or estimate of charges given to you will be valid for 30 days, unless the quotation states otherwise. If you accept our quotation, delivery must take place within 30 days of the quotation date, otherwise revised charges may apply. We will only be bound by written quotations accepted by you, and your acceptance will be deemed to have been given when you ask us to make the delivery quoted for. Verbal quotations or estimates are expressed as a guide only, and will not be binding on us.

We may change our charges or these terms from time to time, but if we do, we will give you advance notice.
We may at our absolute discretion, withdraw credit facilities at any time. If we do, then all invoices will become immediately payable, irrespective of any credit terms or payment dates previously agreed between you and us. If you do not pay us within 30 days of invoice date, we will be entitled to charge you interest at the rate of 8% above the Official Dealing Rate of the Bank of England calculated on a daily basis on all amounts overdue by you. If we are required to take legal action to recover payment from you, our claim will include interest and all associated costs of such action.
Unless stated otherwise, all charges quoted are exclusive of Value Added Tax.

We may weigh some of your delivery items, or establish the weight if you have not provided it to us. We will amend our charges to you in line with the actual weight determined by us, and our calculation of the weight cannot be altered afterwards.

4. Flexi Plan
Flexi plan is a discounted deal for our most valued customers. A discount may be applied on invoices, where customers use our services regularly and clear Invoices within 14 days of order. The discount is applied at the sole discression of the accounts team. This plan may be  subject to change. 

5. YOUR RIGHTS AND OBLIGATIONS.
Before contacting our service, please take into account the following provisions:

a) If you are not the owner of the goods, you have the owner’s permission to enter into this agreement and for us to take the item(s)  and deliver.

b) Theitem(s) for delivery are not dangerous goods and do not present any health or safety risks, and the handling or possession of them is not a criminal offence, nor breaches any relevant statute or regulation.

c)Only those individuals authorised by you can make bookings with us, and they will supply to us (at the time of booking) any reference or purchase order you require to be shown on our invoices in order to process them for payment. If you fail to provide us with this information, or if the information is not correct, you will not be able to withhold payment at a later date.

d)The consignment is properly addressed and packaged. If, in our opinion, the packaging is not sufficient, we may either refuse to deliver it, or repack it to the required standard. A reasonable charge will be made to you for any such repackaging.

e)You will pay our invoices (including any V.A.T) in full and without deduction within 30 days of the invoice date into our Kajon account. Payments must be in pounds sterling.

f)You will raise any query you may have on our invoice within 7 days of the invoice date. After that time, you will be deemed to have accepted our invoice as correct, and will make payment within our agreed terms. If you are in breach of any of these terms, you will be liable for any loss or expenses suffered by us as a result.

g)If your consignment requires special equipment (e.g. a fork lift truck) or manpower to be loaded or unloaded, you must make sure it is available at both collection and delivery addresses. If this is not available, you will be liable for any resulting costs; which may include waiting, extra manpower/handballing, storage or redelivery charges.

h)Unless we are shown to be at fault, you will indemnify us for any claims or losses arising from our delivering items for you.
If you make a claim for damage to your item(s), you will keep (or arrange to keep) the item(s) and all its packaging in a safe place and to one side in case we, or our loss adjusters, need to make inspection in the course of an investigation.
In the computation of time, where any period of days provided by these terms and conditions is 7 days or less, Saturdays, Sundays and all Bank/Public Holidays shall be excluded.


6. PAYMENTS
All payments to Kajon Delivery Service are handled securely. Payments can be paid through Tide banking (payment platform available on the website). Payment will be debited from your credit card or debit card immediately or via bank transfer. 

Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the services.

7. THIRD-PARTY MATERIALS.
'Third-Party Materials' is any content, images, videos, texts or other material that is owned by a third party; such as stock images, videos and texts. These 'Third-Party Materials' are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

8. COPYRIGHT
All of Kajon materials including, but without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled byKajon Delivery Service or by third parties that have licensed or otherwise provided their material to the platform.

You therefore acknowledge and agree that all materials promoted on Kajon Delivery Service website and or vehicles, are made available for limited, non-commercial, personal use to Kajon only. Except as specifically provided herein.
No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Kajon Delivery Service's prior express written permission.

You may not add, delete, distort, or otherwise modify the materia in any wayl. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise Kajon Delivery Service or any part of our materials for any purpose other than its intended purposes is strictly prohibited.


9. COPYRIGHT COMPLAINTS
Kajon Delivery Service respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Kajon Delivery Service website infringe upon your copyright or other intellectual property right, please send the following information to:

a)Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.

b)A statement specifically identifying the location of the infringing material, with enough detail that Kajon Delivery Service may find it on their website.
Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.

c)A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the owner of the rights, or its agents, or by law.

d)A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner's behalf.

e)An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.


10. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary toKajon Delivery Service  or licensed to Kajon by third parties. 

For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information or services obtained from or through the website. Additionally, you agree not to:

a)Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Kajon Deliver Service.

b)Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

c)Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.

d)Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
Deep-link to any portion of the services for any purpose without our express written permission.

e)Frame, mirror or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.

f)Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Kajon in connection with the services.

g)Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content; or
download any content unless it’s expressly made available for download by Kajon Delivery Service LTD.

11. DISCLAIMER OF WARRANTIES
Kajon Delivery Service will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.

Because of the nature of the Internet Kajon Delivery Service provides and maintains our website on an 'as is', 'as available' basis and makes no promise that use of our  website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse  Kajon Delivery Service for any loss or damage caused as a result.

Kajon Delivery Service will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Kajon Delivery Service excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Kajon Delivery Service and Kajon shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

a)Any incorrect or inaccurate information on Kajon Delivery Service;
The infringement by any person of any Intellectual property rights of any third party caused by their use of the website or any product or service purchased through the website.


b)Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.

c)Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

d)Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from our website, or from transmissions via emails or attachments received from Kajon Delivery Service.

All representations, warranties, conditions and other terms which but for this notice would have effect.


12. THIRD PARTIES
Kajon Delivery Service contains content of third-party licensors to Kajon Delivery Service, which is protected by copyright, trademark, patent, trade secret and other laws. Kajon Delivery Service owns and retains all rights, title and interest in the content. Kajon Delivery Service hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through Kajon Delivery Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Kajon Delivery Service and using our Service.

Any dealings with third parties included within or on Kajon Delivery Service involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Kajon Delivery Service are neither responsible nor liable for any part of such dealings or promotions. 

Any reference to any third party or the products or services of any third party on Kajon Delivery Service does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Kajon Delivery Service or any of its employees, officers, independent contractors, agents or other representatives. 

Any reference to any third party by  Kajon Delivery Service is provided to you for informational purposes only. Kajon Delivery Service encourages you to conduct your own research and due diligence regarding such third parties and their products and services. Kajon Delivery Service works to ensure the information that Kajon  provides is current and accurate.

13. SECURITY COMPONENTS
You understand that Kajon Delivery Service and software embodied within Kajon may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Kajon Delivery Service and/or content providers who provide content to the Kajon platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Kajon Delivery Service

14. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Kajon Delivery Service for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.

15. INDEMNIFICATION
You agree to defend and indemnify Kajon Delivery Service from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

a)Your breach of this Agreement or the documents referenced herein.

b)Your violation of any law or the rights of a third party.


c)Your breach of use of the Kajon Delivery Service website and or our services.

16. CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. 

Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

17. PERSONAL DATA

Any personal information you post on our platforms or otherwise submit to Kajon Delivery Service in connection with our services, will be used in accordance with our Privacy Policy and the Data Protection Act. 

18. ASSIGNMENT
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kajon Delivery Service without restriction.

19. INTEGRATION CLAUSE
This agreement together with the Privacy Policy and any other legal notices published by Kajon Delivery Service, shall constitute the entire agreement between you andKajon Delivery Service concerning and governs your use of the platform and website.

20. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof, will be settled by binding arbitration between you and Kajon HR. Each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

21. HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us and the customer; with respect to the subject matter therein.

22. FINAL PROVISIONS
These terms are governed by the UK laws. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this paragraph.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to you or gathered by us with respect to such use.

If any part of these terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

23. CONTACT US

If you have questions or concerns about these terms, please contact us through our contact page or through the following contact information:


Kajon Delivery Service Ltd
Head Office:
The old Coach House
4 Johnson Street,
Woodcross,
Wolverhampton
WV14 9RL


TEL: 01902 246044
EMAIL: enquiry@kajon.co.uk

COPYRIGHT © 2022 Kajon Delivery Service LTD - ALL RIGHTS RESERVED.
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