END USER LICENCE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
[BY CLICKING ON THE ‘ACCEPT’ BUTTON BELOW], YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, [CLICK ON THE ‘REJECT’ BUTTON BELOW].
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We are Bagged2U Ltd of The Old Barn, Off Wood Street, Swanley Village, Kent, BR8 7PA. We are registered in
England and Wales with company number 11166212. We license you to use:
● the Bagged2U mobile application software, the data supplied with the software (including documentation)
and any updates or supplements to it (the App);
● the services you connect to via the App and the content we provide to you through it (the Services), as permitted in these terms.
We only use any personal data we collect through your use of the App and the Services in the ways set out in our
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).
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
We may make use of location data sent from your devices (as described [our privacy notice]) . [
stop us collecting such data at any time by turning off the location services settings for the App on your device but this may prevent you using certain functionalities within the App or receiving/accessing certain Services.
TERMS FOR PURCHASES OF PRODUCTS
You may purchase products through the App. When you do so, you are purchasing them from third party retailers and not us. In other words, each purchase of goods placed through our App is a separate contract between you and the relevant retailer. We are authorised by retailers to conclude contracts via the App on their behalf but we are not making any contracts for the sale of goods with you. In legal terminology, we are the agent and the relevant retailer is the principal.
Each retailer will provide their terms to you at check out. These terms will set out the retailer’s details, their return policies, customer service contact details etc. Before you place each order, you must review these terms to confirm that you are happy with them.
We are not responsible for the retailers’ terms or their activities. However, in the event that you have any issues with a delivery, please contact us at email@example.com and we will try to resolve it with the retailer. For any other issues (for example, you are unhappy with any goods you ordered), please contact the retailer using the contact details that they provided to you at check-out.
APPLE’S APP STORE OR THE GOOGLE PLAY TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by (depending where you downloaded the App) Apple’s App Store or Google Play’s rules and policies, located at (respectively):
The App Store or Google Play (as applicable) rules and policies will apply instead of these terms where there are differences between the two.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APPYou must be 18 or over to accept these terms and to use the App and the Services.
OUR APP IS ONLY FOR CONSUMERS IN ENGLAND AND WALES
Our App is only for users who:
● are not placing the order in the course of their trade, business, craft or profession; and
● are resident in England or Wales.
If this is not the case, you must not use our App or the Services.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose (or you are provided with) a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password (whether chosen by you or allocated by us), at any time, if in our reasonable opinion:
● you have failed to comply with any of the provisions of these terms; or
● someone other than you may know your user identification code or password and/or be using your account.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
OPERATING SYSTEM REQUIREMENTS
The App requires:
● an iPhone running or later;
● an Android phone running .
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Services or have any problems using them, please take a look at our support resources within the App or contact us at email@example.com or via the instant messaging function within the App.
Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org or via the instant messaging function within the App.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
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 and use the App and the Services on your own devices for your personal purposes only;
● provided you comply with the [Restrictions], make one 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.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSEWe are giving you personally the right to use the App and the Services. [
cceptable use restrictions’ ]. You may
not transfer the App or the Services to someone else (whether for money, for anything else or for free). If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to:
● reflect changes in law;
● reflect changes in best practice;
● to address additional features which we introduce on the App or to the Services. We will give you at least 14 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.
If you do not accept the notified changes, you will not be permitted to continue to use the App or the Services.
UPDATE TO THE APP AND CHANGES TO THE SERVICES
From time to time, we may automatically update the App and change the Services 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.
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.
WE MAY SUSPEND OF WITHDRAW THE APP AND THE SERVICES
Our App and the Services are made available free of charge.
We do not guarantee that our App or the Services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App or the Services for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
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 notices (if any).
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).
You agree that you will:
● not rent, lease, sub-license, loan, 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 Service, 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 Service 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 becausethey 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 (the Permitted Objective) and provided that the information obtained by you during such activities:
o is not disclosed or communicated without our 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
o is not used to create any software that is substantially similar in its expression to the App;
o is kept secure; and
o 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.
ACCEPTABLE USE RESTRICTIONS
● not use the App or any Service in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these terms;
● not 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.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) 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.
‘BAGGED2U’ is a [UK registered] trade mark of Bagged2U Ltd. is a trade mark of Bagged2U Ltd. You are not permitted to use them without our approval.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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.
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 sub-contractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to youfree of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees (whether express or implied) that such information is (and, in particular, that retailers’ listings on the App are) accurate, complete or up to date.
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 in order to protect yourself in case of problems with the App or the Services.
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.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
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.
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; and
● we may cease providing you with access to the Services.
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.
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.
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.
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.
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.
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 App and/or the
Services in the English courts.