PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU FOR YOUR USE OF THE APP THROUGH ANY DEVICE.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON BELOW.
THE FOLLOWING TERMS APPLY BOTH TO YOUR USE OF THE APP AND ANY SERVICES ORDERED THROUGH THE APP.
1. Who we are and what this agreement does
1.1. We Shopronto Ltd (company number: 10200142) of Unit 2, Brook House, Old Wool Lane, Cheadle, Cheshire, England, SK8 2PE, license you to use, as permitted in these terms, the Shopronto application software on your mobile or any other electronic device (App) including accessing the App at www.shoprontoapp.com, the data supplied with the software, and any updates or supplements to it.
1.2. We also agree to provide to you the service you connect to via the App and the content we provide to you through it which includes the facilitation of connecting you with various vendors with which you may contract for them to supply goods to you, the placing of your order with the vendor of your choice, a payment platform for such order and the connection of you with drivers who may agree to deliver to you the goods purchased by you (Services).
1.3. Please read these terms carefully before you use the App and submit any order through the App for the Services. These terms tell you who we are, how we will provide the Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or would like to suggest any changes, please contact us to discuss by the contact details provided.
2. You must be 18 to accept these terms and buy the App.
2.1. You must be 18 or over to accept these terms, download the App and order the Services.
3. Information about us and how to contact us
3.1. Our registered VAT number is 261056331
3.2. You can contact us by writing to us at firstname.lastname@example.org or by contacting us through our ‘Customer Service’ feature on the App.
3.3. If we have to contact you we will do so by writing to you at the email address provided to us as part of our registration process or by notification through the App.
3.4. When we use the words “writing” or “written” in these terms, this includes emails and/or notifications provided to you through the App. If you do not allow the App to produce ‘push’ notifications then notifications will not be provided in this way.
4. The Services provided by us
4.1. We provide a platform on which to facilitate the order, payment and delivery of products.
4.2. We do not provide any supply or delivery services ourselves. The Services we provide include, but are not limited to the facilitation of order, payment and delivery of the following:
4.2.1. products listed on the App (Listed Products);
4.2.2. products ordered through our ‘Order Anything’ service (Order Anything Products); and
4.2.3. courier/delivery services (Courier Service).
4.3. We do not employ any drivers or other delivery services and you will engage directly with the vendor and/or driver from which you order any products through the Services.
5. Your privacy
5.2. Please be aware that any internet transmissions are never completely private or secure and that any message or information you send using the App (including during the registration process or as part of the Services) may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
6. Additional terms that apply to you
6.1. In addition to these terms, you may also be subject to terms imposed by others including, without limitation, the vendor from whom you order the products, the driver who delivers the products and the terms of any licence we use to provide the Services to you. We will tell you if this is the case.
6.2. The terms of the application store from which you downloaded the App also apply and they may have their own rules and policies which will prevail in the event of a conflict between the two.
7. Operating system requirements
7.1. The App requires a mobile phone, tablet or similar electronic device with a minimum of 15MB of memory in the case of an Android operating system or 35MB of memory in the case of an iOS operating system. The App is not suitable for use on any other operating system.
8. Our contract with you
8.1. Our acceptance of your order for Services will take place on the earlier of the time when we email you to accept it or notify you that it has been accepted on the App, at which point a contract for the provision of the Services will come into existence between you and us.
8.2. If we are unable to accept your order for Services, we will inform you of this in writing. This might be because of unexpected limits on our resources (including the resources of the vendor from whom you have ordered the products) which we could not reasonably plan for, because we (or a vendor from whom you have ordered the products) have identified an error in the price or description of the product(s) to be provided as part of the Services or because we are unable to meet a delivery deadline you have specified.
8.3. The App will assign an order number to your order and tell you what it is when we accept your order for Services. It will help us if you can tell us the order number whenever you contact us about your order.
8.4. Our App is solely for the promotion and provision of our Services in the area specified when you place your order, which will be as follows:
8.4.1. in the case of our Listed Products, the area falling within a 4 mile radius of the vendor with whom you place your order or such other areas as notified to you in writing from time to time;
8.4.2. in the case of Order Anything Products, the area falling within a 6 mile radius of the vendor with whom you place your order: or
8.4.3. in the case of Courier Services, the area falling within a 6 mile radius of the location from which the item to be delivered is collected.
8.5. We will use reasonable endeavours to ensure that the products shown as available to you are within the area for which we provide the Services but, due to technical limitations, it is acknowledged that this will not always be possible.
8.6. Unfortunately, we do not accept orders from or deliver our Services to addresses outside of these areas.
9. Products displayed on our App
9.1. The images of the products on our App are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
9.2. The packaging of the products may vary from that shown in images on our App.
9.3. The images of the products and product details displayed on our App are provided by third party vendors and we are under no obligation to oversee, monitor or moderate the images and product details uploaded to our App.
9.4. The products ordered by you, as facilitated by the Services, may be subject to the terms of the supplier of the products and you should review these carefully before placing your order.
10. Your rights to make changes
10.1. If you wish to make a change to the Services you have ordered please contact us. You can do this through the Contact Customer Services function on the App. We will let you know if the change is possible. Generally in the case of Listed Products, changes will not be possible once we have notified you that your order has been accepted, for all other Services, changes may be made within 5 minutes of the time we notify you that your order has been accepted. If it is possible we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 13 - Your rights to end the contract).
11. Our rights to make changes
11.1. We may change the Services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements to the App. These changes will not materially affect the Services provided to you.
11.2. In addition, we may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any amounts paid for Services that have not yet been received.
11.3. 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. 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.
11.4. The App will always match the description of it provided to you when you bought it.
12. Providing the products
12.1. The costs of delivery will be in addition to the price of the Services, will be as displayed to you on our App and confirmed to you during the order process and are as follows:
12.1.1. for Listed Products, £2.50 for delivery to a radius of 3 miles from the vendor’s location plus an additional £0.50 for each 0.3 mile thereafter (please note that this may be subject to change but any such change shall be displayed to you on the App prior to completion of your order and you can choose not to place the order if you are unhappy with the delivery costs);
12.1.2. for Order Anything Products, £3.95 for delivery to a radius of 0.3 miles from the vendor’s location plus an additional £0.50 for each 0.3 mile thereafter; and
12.1.3. for Courier Services, £5.95 for delivery to a radius of 0.5 mile from the collection location and £0.50 for each 0.3 mile thereafter.
12.2. Where you have indicated a preferred time for delivery of the products ordered as part of the Services, we will take reasonable steps to make the vendor aware of such request and confirm with them whether they can accept such request prior to accepting your order. Once we have satisfied our obligations under this clause 12.2, we will not be liable should delivery not be made on or before your preferred deadline.
12.3. If our supply of the Services is delayed by an event outside our control, e.g. downtime on the App caused by events which we could not plan for, 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 the contract and receive a refund for any Services you have paid for but not received.
12.4. We may need certain information from you so that we can supply the Services to you, for example, specific order or delivery information. If so, this will have been stated in the description of the products on our App and will always be the case if you order an Order Anything Product. A request shall be sent by the App, or you shall be prompted during the order process, for such information and if you do not promptly respond to such request (or provide this as part of the order process), us or our agents, consultants or persons otherwise engaged by us will contact you in writing or by phone to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 15.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result (we will notify you if we take this course of action and you agree to us deducting such charge, following such notification). We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
12.5. We may have to suspend the supply of our Services to:
12.5.1. deal with technical problems or make minor technical changes;
12.5.2. update the App to reflect changes in relevant laws and regulatory requirements; or
12.5.3. make changes to the Services as requested by you or notified by us to you (see clause 11).
12.6. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract for Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 hours within the hours of 7am and 3am UK time 7 days a week throughout the year, where you have requested delivery be made as soon as possible or in the case of Services or where you have specified an advance time for delivery, two days following such requested date and we will refund any sums you have paid in advance for the Services that have not yet been performed.
13. Your rights to end the contract
13.1. Your rights when you end the contract will depend on the circumstances, how we are performing and when you decide to end the contract:
13.1.1. If the Services you have bought are not provided with reasonable care and skill or if they are misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 12.
13.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 13.2.
13.1.3. If you have just changed your mind about the Services, see clause 13.3. You may be able to get a refund if you are within the cooling-off period and the Services have not yet been provided, but this may be subject to deductions.
13.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 13.7.
13.2. If you are ending a contract for a reason set out at 13.2.1 to 13.2.5 below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
13.2.1. we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 10);
13.2.2. we have told you about an error in the price or description of the product ordered as part of the Services you have ordered and you do not wish to proceed;
13.2.3. there is a risk that supply of the Services may be significantly delayed because of events outside our control;
13.2.4. we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 hour during the hours of 7am to 3am UK time, 7 days a week throughout the year; or
13.2.5. you have a legal right to end the contract because of something we have done wrong.
13.3. For most products bought online you have a legal right to change your mind within 14 days and receive a refund though if you have started receiving the Services during this period then you must pay for the Services received. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
13.4. You can change your mind before we have started providing the Services. The period during which you can change your mind without penalty will vary depending on the particular Services provided (and such period is based on the time when we begin providing the Services) as follows:
13.4.1. for Listed Products and Order Anything Products, until we have notified you that your order has been accepted; and
13.4.2. for Courier Services, until we notify you that the driver has accepted your order.
13.5. However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started providing the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
13.6. You may have a longer period in which to change your mind about the products ordered as part of the Services and this will be as provided for in the relevant supplier’s terms of supply and you should read these carefully.
13.7. Even if we are not at fault and you do not have a right to change your mind (see clause 13.1), you can still end the contract before it is completed, but you may have to pay us compensation. Our contract will be completed when we have finished providing the Services and you have paid for them. We will finish providing the Services once we have passed your order to, and it has been accepted by, the supplier of the products and an available delivery driver. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
13.8. If you choose to end the contract for any of the reasons specified in this clause 13 then this shall not affect the Licence granted to you under these terms to use the App.
14. How to end the contract with us (including if you have changed your mind)
14.1. To end the contract with us, please let us know by doing one of the following:
14.1.1. Emailing us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
14.1.2. By the App. Complete the cancellation form available on our App.
14.2. If you want to end the contract with us, we will refund you the price you paid for the Services by the method you used for payment. However, we may make deductions from the price, as described in clause 13.7.
14.3. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
15. Our rights to end the contract
15.1. We may end the contract for our Services at any time by writing to you if:
15.1.1. you do not make any payment to us when it is due and do not make payment within 5 days of us reminding you that payment is due; or
15.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, specific information required for the supply of Order Anything Products; or
15.1.3. you do not have the required operating system or memory from which to access our App, which has caused delays in our provision of the Services.
15.2. If we end the contract in the situations set out in clause 15.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
15.3. We may write to you to let you know that we are going to stop providing one or more or part of the Services. We will let you know at least 14 days in advance of our stopping the supply of the Service(s) and will refund any sums you have paid in advance for Services which will not be provided.
16. If there is a problem with the Services
16.1. If you have any questions or complaints about the Services, please contact us. You can write to us at firstname.lastname@example.org. Alternatively, you can contact us through the ‘Contact Customer Service’ feature on our App.
16.2. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is services, the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
17. Price and payment
17.1. The price of the Services (which includes VAT) will be the price indicated on the order pages when you placed your order and includes the following:
17.1.1. the cost of the product order;
17.1.2. the delivery fee; and
17.1.3. the service fee.
17.2. If the Services requested are Courier Service then a delivery fee only will be charged in accordance with clause 12.
17.3. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 17.5 for what happens if we discover an error in the price of the product you order.
17.4. If the rate of VAT changes between your order date and the date we supply the Service, we will adjust the rate of VAT that you pay, unless you have already paid for the Service in full before the change in the rate of VAT takes effect.
17.5. If you place an order for our Services which includes an Order Anything Product, an estimate of the price of the Services will be displayed to you on the order pages when you place your order. Due to the nature of Order Anything Products, it may be difficult to provide an exact price at the time of order but we will provide our best estimate based on our previous experience. Our driver will purchase the product(s) on your behalf in accordance with your order and submit the receipt for the product(s) purchased on your behalf (including details of the price of the product(s)) to the App. Following submission of such receipt, we will charge you for the cost of these products and you hereby agree to such charges being deducted from the payment method provided for this purpose.
17.6. It is always possible that, despite our best efforts, some of the Services may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
17.7. We accept payment with the following [INSERT LIST OF CREDIT AND DEBIT CARDS].You must pay for the Services in full at the time of their commencement. This will usually be at the time you place your order with us using the App. You shall ensure that your card details registered to the App are valid and correct and that you are authorised to use such payment method for this purpose and we reserve the right to deduct a nominal amount from your card (which will be refunded immediately) for the purpose of checking your details are correct and you hereby authorise us to do this.
17.8. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Lloyds Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
17.9. If you think you have been charged an incorrect amount please contact us promptly to let us know either by email or through the App. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
17.10. We have a minimum order amount of £15 per order. Should you wish to place an order which, in total, amounts to less than this amount then you will be charged a surcharge of £1.75.
17.11. We may from time to time have promotional pricing in place, the availability of which will be subject to certain conditions. We do not guarantee that any promotional pricing will be available and will confirm at the time of your order the availability of any promotions or offers and whether they have been accepted for your order.
17.12. The App facilitates payment for the Services by multiple users (who must be registered with their own account for the App). We do not assume any responsibility for obtaining payment from other users from whom you request split payment through the App and you will remain responsible for payment of the full amount due despite any such request.
18. Our responsibility for loss or damage suffered by you
18.1. 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 this contract 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
18.2. We do not limit or exclude our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the products as summarised at clause 16.2.
18.3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
18.4. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.5. The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
18.6. 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 Services.
18.7. 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 appstore site) meet your requirements.
18.8. 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. How we may use your personal information
19.1. We will use the personal information you provide to us:
19.1.1. to supply the Services to you (which includes passing your data to the supplier from whom you have ordered the products and/or the driver who will deliver your products) but we will only do so in so far as is necessary to supply the Services to you;
19.1.2. to process your payment for the Services; and
19.1.3. if you agreed to this during the order process, to give you information about similar products and services that we provide, but you may stop receiving this at any time by contacting us.
19.2. By using the App and any 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 App and to provide any Services to you.
19.3. We may collect location data (but you can turn off location services).
19.4. We will only give your personal information to third parties where the law either requires or allows us to do so.
20. Support for the App and how to tell us about problems
20.1. 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 available on our App.
20.2. If we have to contact you we will do so by email, by SMS or by notification through the App, using the contact details you have provided to us and by providing such details you authorise us to contact you in such way.
21. How you may use the App, including how many devices you may use it on
21.1. In return for your agreeing to comply with these terms you may:
21.1.1. download or stream a copy of the App onto the device to which you request the download and view, use and display the App on such devices for your personal purposes only.
21.1.2. provided you comply with these terms make up to 2 copies of the App for back-up purposes; and
21.1.3. 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.
22. If someone else owns the phone or device you are using
22.1. 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.
23. We are not responsible for other websites we link to
23.1. The App may contain links to other independent websites or applications which are not provided by us. This includes links to the site/apps of any of our partners, suppliers or persons otherwise engaged 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).
23.2. 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.
24. Licence Restrictions relating to the App
24.1. You agree that you will:
24.1.1. 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;
24.1.2. 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;
24.1.3. 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;
24.1.4. 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:
(a) 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;
(b) is not used to create any software that is substantially similar in its expression to the App;
(c) is kept secure; and
(d) is used only for the Permitted Objective;
24.1.5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.
25. Acceptable use restrictions
25.1. You must:
25.1.1. not use the App or any Services 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 Services or any operating system;
25.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
25.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
25.1.4. not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
25.1.5. 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.
26. Interactive services
26.1. We may from time to time provide interactive services on our App, including, without limitation:
26.1.1. interactive messages with drivers and vendors;
26.1.2. interactive upload feature for suppliers; and
26.1.3. comments and review facilities,
26.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
26.3. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these terms, whether the service is moderated or not.
26.4. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
27. Content standards
27.1. These content standards apply to any and all material which you contribute to our App (contributions), and to any interactive services associated with it.
27.2. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
27.2.1. Contributions must:
(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in the UK and in any country from which they are posted.
27.2.2. Contributions must not:
(a) Contain any material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right or trade mark of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Promote any illegal activity.
(j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) Give the impression that they emanate from us, if this is not the case.
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
28. Intellectual property rights
28.1. 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 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.
29. We may end your rights to use the App and the Services if you break these terms
29.1. We may end your rights to use the App and the 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.
29.2. If we end your rights to the App and Services:
29.2.1. you must stop all activities authorised by these terms, including your use of the App and any other Services;
29.2.2. 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
29.2.3. we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
30. Other important terms
30.1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 1 month of us telling you about it and we will refund you any payments you have made in advance for products not provided.
30.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
30.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms We are giving you personally the right to use the App and the Service as set out in these terms. You may not otherwise 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 must remove the App from it.
30.4. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
30.5. 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. For example, if you miss a payment and we do not chase you but we continue to provide the service, we can still require you to make the payment at a later date.
30.6. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Shopronto Ltd, Unit 2, Brook House, Old Wool Lane, Cheadle, Cheshire, SK8 2PG, email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate