Terms & Conditions

Terms and Conditions of service and use of OOHPod.com website.

Definitions

OOHPod Ltd (“OOHPod”) is a company registered in Ireland number 687565 and whose registered office is at:

48 Boeing Road
Airways Industrial Estate
Dublin 17
D17 V123
Ireland

A “OOHPod Station” is any self service automatic parcel terminal used to send, temporarily store, and receive parcels and obtain other services as they arise from time to time. The intended use is a solution for carriers, and subscriber service, for the convenient delivery and receipt of consumer goods and merchandise, typically purchased online over the World Wide Web or internet from reputable retail outlets.

“OOHPod.com” is the online internet website used by you to register and to subscribe as a paying customer to the OOHPod service and to facilitate use of any OOHPod Station.

“OOHNo” OOHPod Number Identifier is your unique identifying number allocated by us to identify you as an individual customer of OOHPod. Your OOHNo is the primary identification by which we determine the service preferences you have registered with us on OOHPod.com

In these Terms and Conditions “we”, “our” and “us” refer to OOHPod Ltd, its subsidiaries, employees, servants, agents and independent subcontractors.

“You” and “your” refer to any individual or corporate body or company its employees, servants or agents who use the service of OOHPod, and OOHPod.com

“Parcel” means any container, packet, carton, bag, box, envelope or any form of package containing goods or merchandise that is accepted by us for delivery or temporary storage including any such items tendered by you utilising our OOHPod Station or other automated or electronic systems. A Parcel maybe tendered to us on your behalf by any third party including a courier, carrier or postal operator.

Agreement to terms and conditions

By using OOHPod.com and the OOHPod Station you agree to be bound by these terms for you yourself and as agent for and behalf of any other person having an interest in any Parcel tendered to OOHPod for delivery, temporary storage or receipt.

You agree that no one is authorised to alter or modify these Terms and Conditions. These Terms and Conditions shall be binding on you and us when a Parcel is accepted by us from you or from any third party on your behalf. © OOHPod Ltd 2022 – all rights reserved.

Your obligations

You warrant that articles contained in any Parcel tendered to us by you or on your behalf by any third party is acceptable for transport, delivery, temporary storage and receipt by us and that the parcel is properly marked with a valid OOHNo and addressed. You warrant that any Parcel tendered to us is adequately packed to ensure safe delivery and transportation with ordinary care and handling.

OOHPOD shall be entitled to charge a handling fee for insufficiently addressed parcels.

Liability and limitation

We will perform our duties with a reasonable degree of care, diligence, skill and judgement

We shall be relieved of liability for any loss or damage if and to the extent that such loss or damage caused by:

Strike, lock-out, stoppage or restraint of labour the consequences of which we are unable to avoid the exercise of reasonable diligence
Any cause or event which we are unable to avoid and the consequences whereof we are unable to prevent by the exercise of reasonable diligence.

We accept no responsibility for departure or arrival dates or times of any Parcel and the goods or merchandise contained therein.

Our Liability howsoever arising and notwithstanding that the cause of any theft, loss or damage be explained or unexplained shall not exceed:

The replacement value of any goods or merchandise stolen, lost or damaged OR
EUR €100 (one hundred euro) whichever shall be the least

We shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profits, loss of market or the consequences of delay or deviation however caused.

By special arrangement agreed in writing and in advance of accepting a Parcel from you we may from time to time accept liability in excess of the of the limit set out above upon you agreeing to pay additional charges for us accepting such increased liability. Details of additional services are available upon request.

Any claim by you against us arising in respect of any service provided by us shall be made in writing and notified to us within 14 (fourteen) days of the date upon which you became or should have become aware of any event or occurrence alleged to give rise to such claim. Any not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where you can show that it was impossible for you to comply with this time limit. Notwithstanding the aforementioned time limit we shall in any event be discharged of all liability whatsoever howsoever arising in respect of any service provided unless a claim is brought within 6 (six) months from the date of the event or occurrence alleged to give rise to a cause of claim against us.

Please allow up to 30 days for liability payment processing and please note that proof of purchase may be required.

No warranties or guarantees

Right to inspect

Your Parcel(S) may, at our option or at the request of government authorities, be opened and contents inspected by us or such authorities at any time.

Photographic and data records about your parcels

Subject to DATA Protection legislation and our Privacy Policy OOHPod may obtain and retain on record photographs of any parcels tendered (whether or not accepted) as evidence of the condition of parcels when they are tendered or while they remain in our care.

OOHPod may obtain photographs of the person(s) receiving and sending parcels at any OOHPod terminal or OOHPod vehicle, building, or facility. The photographs may be used as evidence (in the event of a claim or dispute) that a parcel was received or sent and / or to determine the condition of a parcel when it was received or sent.

Responsibility for payment

Even if you give us different payment instructions, you will always be primarily responsible for all charges, including transportation charges, possible surcharges, penalties or fines, taxes related to any Parcel tendered to us by you or on your behalf. You will be responsible for any costs we incur in returning a Parcel to you or making alternative arrangements for delivery or disposal of any Parcel tendered to us by you or on your behalf.

Items not acceptable for delivery via OOHPod (Prohibited Items)

We do not accept for delivery or storage (in no particular order and includes but not limited to):

Parcels or items that do not conform to OOHPod size, dimension and weight limits.
MONEY (coins, notes, negotiable instruments equivalent to cash such as endorsed stocks and bonds). Stamps or Coins of any kind.
FIREARMS, WEAPONRY, AMMUNITION AND THEIR PARTS
FOODSTUFFS, PERISHABLE FOOD ARTICLES AND BEVERAGES REQUIRING REFRIGERATION OR OTHER TEMPERATURE OR ENVIRONMENTAL CONTROL
FIREWORKS AND OTHER ITEMS OF AN INCENDIARY OR FLAMMABLE NATURE;
EXPLOSIVES of any kind
HUMAN CORPSES, ORGANS OR BODY PARTS, HUMAN AND ANIMAL EMBRYOS, CREMATED OR DISINTERRED HUMAN REMAINS;
HAZARDOUS WASTE, INCLUDING, BUT NOT LIMITED TO, USED HYPODERMIC NEEDLES AND/OR SYRINGES OR MEDICAL WASTE;
WET ICE (FROZEN WATER);
ITEMS REQUIRING OOHPod TO OBTAIN ANY SPECIAL LICENCE OR PERMIT FOR TRANSPORTATION
DEAD ANIMALS OR ANIMALS THAT HAVE BEEN MOUNTED
ART Original works of art, Frames
PRECIOUS METALS Bullion or precious metals of any kind
JEWELLERY gemstones, watches and items of a high value (see limit of liability)
VALUABLES, antiques, heirlooms, items of significant sentimental value or nature
IMPORTANT DOCUMENTS, tenders, travel or identity documentation
AGE restricted materials of any kind including lottery tickets or any material where availability is restricted by law to persons over a certain age
PORNOGRAPHY or obscene material of any kind
TOBACCO
FURS or items restricted by regulatory authorities
NARCOTICS, CONTROLLED SUBSTANCES OR ILLEGAL DRUGS of any kind
DANGEROUS goods of any kind that may cause harm or damage if leaked or spilled
LIQUIDS unless adequately packed to contain any leakage
COUNTERFEIT or contraband material of any kind
PERISHABLE items
Items that have a pungent or strong odour or items that may cause contamination of any kind
PARCELS THAT ARE WET, LEAKING OR EMIT AN ODOUR OF ANY KIND;
PARCELS OR ITEMS THAT MAY CAUSE DAMAGE TO, OR DELAY OF, EQUIPMENT OR PERSONNEL
BLOOD and pathology items that Items that present a biological hazard of any kind
Living creatures of any kind
GLASS, CRYSTAL or MIRRORS of any kind.
CERAMICS or FRAGILE ITEMS

OOHPOD excludes all liability for such items or parcels howsoever accepted (including acceptance by mistake or under notice). OOHPod may change this list of prohibited items from time to time without prior notice or consent being sought from you.

Additional restrictions may apply depending destination and service and service option used. OOHPOD reserves the right to reject parcels or items based upon these limitations or for reasons of security or safety. OOHPOD shall be entitled to charge an administrative fee for Parcels rejected and for the costs of returning goods, where applicable, to the Sender. Further information is available upon request.

Breach of terms and conditions

OOHPod reserve the right (without notice) to suspend, freeze or otherwise close or cease to accept Parcels or items from a customer suspected of knowingly or deliberately breaching these Terms and Conditions.

Governing law

OOHPod services are provided in accordance with the laws of the Republic of Ireland. The courts in Dublin shall have exclusive jurisdiction in any dispute arising from the services provided. © OOHPod Ltd 2022 – all rights reserved.

OOHPod website terms and conditions of user

OOHPod.com public and secured web site terms of use.

The following terms and conditions govern your use of OOHPod Ltd (hereinafter called “OOHPd”) public and secured web site OOHPod.com (hereinafter collectively “the web site” or “the site”).

Your viewing or use of this web site will constitute your agreement, on behalf of yourself and the entity you represent (hereinafter collectively “you” or “your”), to all of the terms and conditions provided below. OOHPod may make future changes or modifications to such terms and conditions at any time without notice and your subsequent viewing or use of the web site will constitute your agreement to the changes and modifications. There may be additional terms and conditions provided throughout the web site governing your use of particular functions, features, information and applications available through www.OOHPod.com.

USE
The Web Site is provided solely for the use of current and potential OOHPod customers to interact with OOHPod and may not be used by any other person or entity, or for any other purpose. Specifically, all tracking, zone, rating, drop-off and other information may only be used by current and potential customers. The use of automated dial-in or inquiry Stations to obtain information through The Web Site is strictly prohibited. OOHPod does not accept ideas, concepts, or techniques for new services or products through The Web Site. If such information is received, it will not be considered confidential and OOHPod will be deemed free to use, communicate and exploit such information in any manner it chooses.
REGISTRATION
You may choose to register with OOHPod. Registration to simplify your access to interactive features on The Web Site. The OOHPod Registration currently provides you with access to OOHPod’s internal shipment distribution system. In the future, OOHPod may add other features which may be accessed through the OOHPod OOHPod Registration. In such event, previously registered users will not be required to re-subscribe at the OOHPod Registration.
By registering with the OOHPod Registration, You agree to provide accurate and current information about Yourself as prompted by the OOHPod Registration form and maintain and promptly update Your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or OOHPod has reasonable grounds to suspect that such information is inaccurate or not current, OOHPod has the right to suspend or terminate Your OOHPod Registration.
By registering at OOHPod Registration, you will select a User I.D. and Password. You are responsible for maintaining the confidentiality of the Password and User I.D., and you are responsible for all activities that occur under Your Password and User I.D. You agree to (a) immediately notify OOHPod of any unauthorized use of Your User I.D. and Password, and (b) ensure that you exit from Your Web Site session at the end of each visit.
CHANGES
The Web Site and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated without notice.
TERM
OOHPod may discontinue, suspend or modify The Web Site at any time without notice, and OOHPod may block, terminate or suspend Your and any user’s access to The Web Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.
OWNERSHIP
The Web Site and its Content are protected by Ireland and international copyright, trademark and other laws. © OOHPod Ltd 2021. All rights reserved. Specifically, OOHPod does not convey to anyone, through allowing access to The Web Site, any ownership rights in The Web Site or in any Content appearing on or made available through The Web Site.
DISCLAIMER OF WARRANTY
The web site and its content are provided “as is”. OOHPod and its licensors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding any such content and your ability or inability to use the web site and its content.
LIMITATION OF LIABILITY
Use of the web site and its content is at your sole risk. OOHPod will in no event be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in or the use of or inability to use the web site and its content including without limitation, damages for lost profits, business, data, or damage to any computer systems, even if you have advised OOHPod of the possibility of such damages.
INDEMNITY
You hereby release, and agree to indemnify and hold harmless OOHPod Ltd and its subsidiary divisions and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of Your use or viewing of The Web Site and its Content.
LINKS
There are links on The Web Site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by OOHPod. OOHPod makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. OOHPod has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
CONTROLLING LAW AND SEVERABILITY
This Agreement and Your use of The Web Site is governed by and construed in accordance with the laws of Ireland, excluding its conflict of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to The Web Site or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Ireland. This Agreement may not be changed or modified without the written consent of OOHPod.

Uncollected Items

OOHPod reserves the right to dispose of any uncollected items after a period of 30 days.

Incorrectly Addressed Items

OOHPod reserves the right to dispose of any incorrectly addressed items where we are unable to identify the owner within 30 days. OOHPOD shall be entitled to charge a handling fee for insufficiently addressed parcels.

Taxes Duties and Levies

All duties, taxes and levies are the responsibility of the receiver and must be paid in advance of delivery to a OOHPod Station.

Promotions and Free Uses

From time to time we will offer Discount codes and free uses to customers by way of gratuity or as part of a business promotion. All free uses regardless of the circumstances in which they are awarded are offered at the Company’s sole discretion and may be withdrawn at any time without notice or reason being given in advance.

Policy for the Use of CCTV

1. Introduction

1.1 This policy explains the purpose, use and management of CCTV and other surveillance systems at OOHPod Ltd.

1.2 The purpose of the CCTV installations are:

To promote a safe community environment
The protection of staff, visitors and assets of OOHPod Ltd
The prevention, detection, and investigation of crime and disciplinary offences in line with the Company’s disciplinary procedures
The apprehension and prosecution of offenders (including use of images/data in criminal/civil proceedings
To monitor security of the OOHPod buildings and lockers
To investigate parcel delivery and collection disputes

1.3 The CCTV system will not be used to:

Provide recorded images for the internet
To record sound

1.4 The principals of the policy are:

That individuals rights are protected and respected
That the installations are operated fairly and within the law
That the CCTV system is operated for the purposes it was set up
That the recorded material/data stored is fairly and lawfully processed
That recorded material is adequate, relevant and not excessive for the purposes
That recorded material/data is accurate, securely stored and not kept for longer than is necessary.

1.5 This policy and its is operations will be subject to regular reviews and audits.

2. CCTV System Overview and Definitions

2.1 There are three CCTV systems

OOHPod Head Office at 48 Boeing Rd, Airways Ind Estate
OOHPod Store, Jonesborough
OOHPod parcel lockers at various locations