Terms & Conditions – App & Website

www.deliverusdrivers.com (the “Website”) together with the associated mobile application (the “App”) are operated by Deliver Us Drivers Ltd (“We” or “Us”). We are a limited company registered in England and Wales under company number 12267495 and have our registered office at Llwyn Teg, Fforestfach, Swansea, United Kingdom, SA5 4NF. Our VAT number is [VAT NUMBER].

For all enquiries please email us at info@deliverusdrivers.com

By using the Website and/or App, you confirm that you accept these   terms of use (“Terms”) and that you agree to comply with them.

If you do not agree to these Terms, you must not use the Website and/or App and immediately uninstall the App..

We recommend that you print a copy of these terms for future reference.

These Terms refer to the following additional terms, which also apply to your use of the Website and the App:

We may suspend or withdraw the Website and/or App

The Website and App are made available free of charge.

We do not guarantee that the Website or App, 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 the Website and/or App 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 the Website and/or App through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement or 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 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 of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

App and Related Terms

Depending on the version of the Application you have downloaded, these Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these Terms and the Platform Terms then these Terms will prevail.

We may vary these Terms from time to time. Every time you wish to use the Website and/or App, please check these terms to understand the terms that apply at that time. If you continue to use this App and /or website, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App or website.

We may make changes to the Website and/or App from time to time.

Use of the App and Website

You must be at least 18 years of age and resident in the UK to use the App and/or Website.

The Website and App are directed to people residing in England and Wales. We do not represent that content available on or through the Webiste and/or App is appropriate for use or available in other locations.

We are the owner of the licensee of all intellectual property rights in the Website and App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We hereby grant you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”).  All other rights in the App are reserved by Drinkaware.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the device and/or are not the owner of the device being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You will be responsible for complying with these terms whether or not you own the device.

You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

iOS App & Business Service Usage Details

This applies only to business users who register with the iOS version of the App.  Payments will be charged to your iTunes account at confirmation of payment.  The monthly subscription is £14.99 and the yearly subscription is £149.99.  You may receive access to the subscription benefits at no charge for a 2 month free trial period, after which you will be charged until you cancel your subscription.

User-generated content

The Website and App may include information and materials uploaded by other users of the Website and/or App. This information and these materials have not been verified or approved by us.

If you wish to complain about content uploaded by other users please contact us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

We may collect technical data about your device

By using the App 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.

Prohibited Uses

You may use the App and Website only for lawful purposes. You may not use the Website or App  in any way that:

  • breaches any applicable local, national or international law or regulation;
  • is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  • is defamatory of any other person;
  • is obscene or offensive;
  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringes any copyright, database right or trade mark of any other person or organisation;
  • is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is likely to disrupt our service in any way; or
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You also agree not to:

  • transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  • knowingly transmit any data, send or upload any material that contains viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
  • access without authority, interfere with, damage or disrupt:
    • any part of the Website or App;
    • any equipment or network on which the Website or App is stored;
    • any software used in the provision of the Website or App; or
    • any equipment or network or software owned or used by any third party.

No Promises

We do not vet or check any drivers or businesses who use the Website and/or App.  The businesses who advertise for drivers using the Website and/or App are fully responsible for vetting applicants thoroughly.  We are not liable for any issues, losses or any other problems caused by the use of the app in any way.  Businesses must check the drivers carefully before using their services.

To the fullest extent permitted by applicable law, We hereby exclude all promises, whether express or implied, including any promises that the Website and/or App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this Website and/or App will be successfully, accurately or securely transmitted.

We do not guarantee that the Website or App will be secure or free from bugs or viruses.

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

You must not misuse the Website or App 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 the Website or App, the server on which the Website and App is stored or any server, computer or database connected to the Website or App. You must not attack the Website or App 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 the Website and App will cease immediately.

Reliance on Information

The Website and App are intended to provide general information only and, as such, is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website and/or the App

Although We make reasonable efforts to update the information on the Website and App, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website and App is accurate, complete or up to date.

Where the Website and/or App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Update to the App

From time to time we may automatically update the App 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.

Exclusion of Deliver Us Drivers Ltd Liability

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 and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to our 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, the Website or App; or

use of or reliance on any content displayed on the Website or App.

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

any indirect or consequential loss or damage.

Breach of these Terms

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms constitutes a material breach upon which you are permitted to use the Website and App, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the Website and/or App.

Immediate, temporary or permanent removal of any Contribution uploaded by you to the Website and/or App.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches these. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

General

These Terms, their subject matter and their formation (and non-contractual disputes or claims) shall be governed by the laws of England and Wales. You and We both agree that the courts of England and Wales will have exclusive jurisdiction.

If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.