Mobile App Terms & Conditions - DeliveryApp
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Mobile App Terms and Conditions

Please read these terms and conditions carefully before using this site or app

By downloading the app you agree to these terms and conditions. If you do not agree to these terms and conditions, do not download the app.

 

BACKGROUND

A) We provide an online platform to connect suppliers of services with customers.

B) At no time will a contract come into existence as between You and Us. Any contract formed will be exclusively between customers requesting services from members and members providing those services.

C) You must be over the age of 18 to use this App.

 

1. WHO WE ARE AND WHAT THIS AGREEMENT DOES

1.1 We are Deliver E Hub Limited, a company registered in England and Wales whose company number is 10547511 and our registered office is at Bonded Warehouse, 18 Lower Byrom Street, Manchester, M3 4AP. (“We/us/our).

1.2 You can contact us by writing to us at the above address or emailing us on support@deliveryapp.com

1.3 We license you to use:

  • DeliveryApp mobile application software (App) and any updates or supplements to it; AND
  • The service you connect to via the App and the content and platform we provide to you through it (Service) as permitted in these terms.

 

2. YOUR PRIVACY

2.1 We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.

2.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

3. ADDITIONAL TERMS

3.1 In addition to the terms set out in this Agreement, the following terms also apply:

  • Our privacy and cookies policy
  • Our website user terms and acceptable use policy
  • Our Service terms and conditions:
  • If you are a customer wishing to request the services of our drivers – Book a Delivery
  • If you are a driver wishing to provide services to customers – Drivers

 

4. APPLE APP STORE AND GOOGLE PLAY STORE’S TERMS ALSO APPLY

The ways in which you can use the App may also be controlled by the Apple App Store and Google Play Store’s rules and policies.

 

5. OPERATING SYSTEM REQUIREMENTS

This app requires the following operating systems; iOS 10 and above for devices using Apple and Android 5.1 and above for Android operating devices. The App requires use of your location data to utilise the nature of our services (see below).

 

6. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

6.1 Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our website www.deliveryapp.com.

6.2 Contacting us (including with complaints). If you think the App or the Services are faulty or wish to contact us for any other reason please email our customer service team at support@deliveryapp.com.

6.3 How we will communicate with you. If we need to contact you we will do so by telephone, email, by SMS or by pre-paid post using the contact details you have provided to us.

 

7. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

  • download a copy of the App onto any number of devices and view, use and display the App and the Service on such devices for your own use. You may not allow any other person to use the App to request driver services.
  • provided you comply with the Licence Restrictions within these terms, make a copy of the App for back-up purposes; and
  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

 

8. SHARING USE OF OR TRANSFERRING THE APP

We are giving you personally, or the corporate entity you act for, the right to use the App and the Service as set out above [“HOW YOU MAY USE THE APP”]. You are responsible for any services requested through the App by anyone who legitimately accesses an account You create. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you should remove the App from it to prevent unauthorised use of any account You create.

 

9. CHANGES TO THESE TERMS

9.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

9.2 We will give you at least 30 days notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.

9.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

 

10. UPDATE TO THE APP AND CHANGES TO THE SERVICE

10.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

10.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

10.3 The App will always work with the current or previous version of the operating system (as it may be updated from time to time).

 

11. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

 

12. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

 

13. WE WILL USE LOCATION DATA

The Service we will provide is based on our making use of location data sent from your devices. If you use these Services, you consent to our transmission, collection, retention, maintenance, processing and use of your location data and queries to provide the Service and improve location-based and road traffic-based products and services. If you turn off your location services then we will not be able to provide our Services to you.

 

14. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

14.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

14.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

 

15. LICENCE RESTRICTIONS

You agree that you will:

  • provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

 

16. ACCEPTABLE USE RESTRICTIONS

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

 

17. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

 

18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

18.3 IT IS IMPORTANT THAT YOU REFER TO OUR MAIN TERMS IN REGARD TO OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU:

  • If you are a customer wishing to request the services of our members – Book a Delivery;
  • If you are a Member wishing to provide services to customers – Drivers

18.4 Limitations to the App and the Services. The App and the Services are provided as a platform to introduce service providers to customers. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

18.5 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

18.6 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Apple App Store and Google Play Store site’s and on our website www.deliveryapp.com meet your requirements.

18.7 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

 

19. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

19.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

19.2 If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

 

20. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

21. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

 

22. NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

 

23. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

24. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

25. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

 

26. ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We are not presently a member of an alternative dispute resolution provider but if you are not happy with how we have handled any complaint, you may be able to submit a complaint to the European Commission Online Dispute Resolution platform.

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