Terms and Conditions

Terms and Conditions

Introduction

Welcome to yourlocal.delivery (‘the Site’).  This site has been set up in response to the Covid-19 pandemic in order to support our local community.  The Site will provide the opportunity to local businesses to easily list their products, goods and services and to take payment to alleviate problems for the general public who may wish to self-isolate or restrict contact with the general public.

This page tells you the terms on which you may use our website, whether as Service Provider or Service User. Please read these terms and conditions carefully before use.

By using the site, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the site.

Who We Are

YourLocal.Delivery is operated by digitalbeans which is the trading name of UTargeting Ltd, a UK Limited company registered in England under company number 07408130 (‘the Company’) and our registered office is 99 Canterbury Road, Whitstable, Kent, CT5 4HG.

Acceptable Use Policy

Acceptable Use of the Website 

  • You agree not to use the Site in any way that is unlawful, or harms the Service Providers or the Service Users. 
  • You agree not to impersonate another person or misrepresent your affiliation with another person or entity.
  • Except as expressly stated herein, these Terms and Conditions do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Site on third-party web sites or otherwise. 
  • Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information on this Site or content available through the Site.
  • Your Information and your activities on the Site shall not: 

(a) be knowingly false, inaccurate or misleading; 

(b) be fraudulent; 

(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 

(d) violate any law, statute, ordinance or regulation or any advice provided by the UK Government in relation to the Covid-19 pandemic; 

(e) contain any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or 

(f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers

Use of the Site

You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.

You agree to follow our acceptable use policy found at Clause 3.

Only use the site as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.

We may update the site and make changes to it, but we don’t have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.

We follow our privacy policy in handling information about you. You can read our policy at [Insert Link].

By using the site, you agree to us handling this information and confirm that data you provide is accurate.

 

Use of the site by Service Providers

All goods or service providers who offer their goods or services on this Site (‘Service Providers’) will be responsible for the following:

  • Provision of the content the Service Provider wishes to place on the Site. It will be the Service Providers responsibility to make us immediately aware of any errors however please note that once uploaded any amendments to the content will need to be undertaken by Service Provider using our guides;
  • all aspects of the delivery process for all products, goods and services;
  • taking payment for the products, goods and services;
  • all complaints, payment issues, refunds in respect of the products, goods and services and any and all customer services issues;
  • ensuring that you take all government advice regarding the Covid-19 pandemic ensuring social contact is kept to a minimum and abide by all relevant laws relating to the pandemic.  
  • The safety and wellbeing of your employees and staff and Service Users
  • Ensuring your services fully comply with all applicable laws within the United Kingdom and the European Union (where relevant) including, but not limited to, the Sale of Goods Act 1979 and the Sale of Goods and Services Act 1980.

If you are Service Provider and/or Service User:

We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

* use of, or inability to use, our site; or

* use of or reliance on any content displayed on our site.

* In particular, we will not be liable for:

* loss of profits, sales, business, or revenue;

* business interruption;

* loss of anticipated savings;

* loss of business opportunity, goodwill or reputation; or

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy direct or consequential loss or damage.

Taking Payment

Use of the Site is free however we reserve the right to change this at any time on providing you with reasonable notice.  You will be given the option of continuing to use the Site at the charge set or we can remove your content from the Site at your option.

Whilst use of the Site is free at the moment we remind you that it has been set up in order to support our local community.  You may wish to donate towards the running of the service should you be in a position to do so. Please note that the level of service will be the same whether you are able to contribute or not.

The Site will take payment via :

* https://stripe.com/gb.  You will need to register with Stripe in order for them to take payment. Stripe will charge 1.4%+20p per transaction for European cards so please take this into account when setting up your pricing for goods and services.

* or PayPal

Use of the Site by Service Users

Members of the public (‘Service Users’) who wish to avail themselves of the goods and services provided or offered by the Service Providers advertised on this site confirm they will abide by these Terms and Conditions and are accept the following terms:

  • Each business registered on the site (herein referred to as Service Providers) is responsible for the delivery of the goods and/or services advertised on the site and no responsibility lies with the Site or the Company;
  • The Site is purely set up in order for Service Providers to advertise their services
  • Neither the Site nor the Company accepts any responsibility for provision of the goods and services nor the quality of the goods and services provided by the Service Providers.
  • All disputes or queries regarding the provision of the goods or services must be addressed to the Service Provider;
  • You must ensure that you have read the Terms and Conditions of the Service Provider providing you with the goods and/or services and that they are acceptable to you before placing your order.
  • Whilst the Site will use reasonable efforts to ensure that the Service Providers are genuine we will not be responsible for any misleading or incorrect information provided by the Service Providers on this Site nor the quality of the goods and services being provided

5. We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.

If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.

Our Legal Responsibility to You

We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:

Any loss to you arising from use of our site

Loss of income, profit, business, data, contracts, goodwill or savings.

We also exclude, as far as legally possible, all terms and warranties or promises by law or by statutes.

We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Uploading to our Site

If you contact other users of our site or upload material to it, you must follow our Acceptable Use Policy, which sets out standards for usage.  You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.

Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.

We won’t be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn’t follow our acceptable use policy.

Links to Our Site

You are allowed to make a legal link to our website’s homepage from your website if the content on your site meets the standards of our Acceptable Use Policy. We can end this permission at any time.

You mustn’t suggest any endorsement by us or association with us unless we agree in writing.

Links From Our Site

Links from our Site to other websites are for information only. We don’t control them and don’t accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.

Variation

We change these terms from time to time and you must check them for changes because they are binding on you.

Applicable Law

The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.

If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.

If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.

If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.

The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.

Contact Us

Please email us at [Email Address] to contact us about any issues

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