BAGGED2U LTD

END USER LICENCE AGREEMENT

pastedGraphic.pngPLEASE 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.

YOUR PRIVACY

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  notice].  [Privacy  Policy] 

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])  .  [

rivacy  Policy.] 

You may

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  info@bagged2u.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.

APPLES 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):

        https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html; 

and

        https://play.google.com/intl/en_uk/about/play-terms.html.

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 info@bagged2u.com.

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   info@bagged2u.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  info@bagged2u.com  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).

LICENCE RESTRICTIONS

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

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;

● 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.  pastedGraphic_1.png   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.