User Agreement

• DeliverMeat 

APP END USER AGREEMENT

 

Welcome to DeliverMeat, the free on-demand App operated by DeliverMeat Technologies Ltd that connects you to grocery outlets in your local area who offer home deliveries or collection to suit your needs based on your location and requirements. 

 

The App allows you to place orders and pay in a simple, convenient, user-friendly format.  We hope you enjoy using our App and, please, spread the word to your family, friends and colleagues!

 

This End User Agreement (‘Agreement’) – which also incorporates the current DeliverMeat Table of Fees, our Privacy & Cookie Policy and our Complaints Policy & Procedure – sets out the terms and conditions between us for use of the DeliverMeat App and services.

This Agreement is made between: 

(1).      DELIVERMEAT TECHNOLOGIES LTD, a company registered in England & Wales at Companies House under Company Registration Number 15133035, of registered office address 128 City Road, London, United Kingdom, EC1V 2NX (‘we’, ‘us’, ‘our’), its agents, staff and contractors; and,

 (2).      YOU – any person signing up to create an account, referred to as the “End User” in this Agreement.

 By using this App, you, the End User, acknowledge that you have read this Agreement, which will apply to the relationship between Parties. If you do not agree to the terms of this Agreement, you should not use this App.

1.         Definitions and Interpretation 

1.1.     In this Agreement, the following words shall have the following meanings: 

‘Banking Day’                               a day (other than a Saturday, Sunday or public holiday) when banks in the City of London are open for business; 

‘Business Day’                              a day when a DeliverMeat Partner Store is open for trading; 

‘Default’                                         an event, occurrence or incident in which our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you, or there is failure by you to perform any of your relevant obligations; 

‘DeliverMeat’, ‘we’, ‘us’, ‘our’         refers to DELIVERMEAT TECHNOLOGIES LTD, a company registered in England & Wales at Companies House under Company Registration Number 15133035, of registered office address 128 City Road, London, United Kingdom, EC1V 2NX (‘we’, ‘us’, ‘our’), its agents, staff and contractors; 

‘DeliverMeat App’ or ‘App’              means the DeliverMeat app that can be downloaded from the Website, App store or Google Play; 

‘DeliverMeat Drivers’                      means a driver who delivers products to End Users from DeliverMeat Partner Stores in fulfilment of Orders; 

‘DeliverMeat Partner Store             means an outlet that fulfils orders for customers; 

‘Device’                                           means the android or iOS device with which you access the App; 

‘Effective Date’                                means the date at which the End User joins the DeliverMeat App; 

‘End User’, ‘you’                              means an individual wishing to order products prepared for sale and delivery or collection by DeliverMeat Partner Stores      via the DeliverMeat App, or someone authorised to act on their behalf; 

‘End User Payments’                      means payments received by DeliverMeat from End Users; 

‘Intellectual Property Rights’           means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade,              business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights      in  computer software, database right, moral rights, rights in confidential information (including know-how and trade                secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all                applications for   and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any    part of the world; 

‘Items’                                              means the goods that make up your Order; 

‘Order’                                              means any order through the DeliverMeat App placed by an End User for the delivery or collection of Items prepared by a     DeliverMeat Partner Store; 

‘Price’                                               means the price payable by the End User to the DeliverMeat Partner Store via the DeliverMeat App; 

‘Table of Fees’                                  means the information on fees and charges provided to you with this Agreement; and, 

‘Website’                                           means DeliverMeat’s website at https://delivermeat.co.uk/ or any other domain under our control.

 

1.2.      In this Agreement, the following rules of construction will apply: 

1.2.1. clause and Schedule headings will not affect the interpretation of this agreement; 

1.2.2. the Schedules forms part of this agreement and will have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules. References to clauses and the Schedules are to the clauses and the Schedules of this agreement; 

1.2.3. unless the context otherwise requires, words in the singular will include the plural and in the plural will include the singular; 

1.2.4. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); 

1.2.5. a reference to a party includes its personal representatives, successors or permitted assigns; 

1.2.6. unless the context otherwise requires, a reference to one gender will include a reference to the other genders; 

1.2.7. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; 

1.2.8. any obligation on a party not to do something includes an obligation not to allow that thing to be done; 

1.2.9. any phrase introduced by the terms including, include, in particular or any similar expression, will be construed as illustrative and will not limit the sense of the words preceding those terms; and. 

1.2.10. a reference to writing or written includes faxes but not e-mail. 

The Parties have agreed to enter into this Agreement to set out the terms and conditions of the services provided by DeliverMeat to its End Users and agree as follows:

 

2.         Commencement and Duration

 2.1.     The relationship between DeliverMeat and End Users is governed by this Agreement, effective from the Effective Date.

 2.2.     We will provide the App to you on the terms of this Agreement. If you do not agree with this Agreement, you should not use the DeliverMeat App.

 2.4.     Any illustrations, descriptive matter or advertising issued by us, and any descriptions or graphics contained in DeliverMeat promotional material (including, among others things, any Website), are issued or published for the sole purpose of giving an approximate idea of what the App offers. They will not form part of this Agreement or have any contractual force.

 2.5.     The terms of this Agreement apply to the exclusion of any other terms that the Parties seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

3.         Joining DeliverMeat, Searching, Ordering & Payment Process

3.1.     You will need to download and then install the DeliverMeat User App on your Device.  This is done entirely at your risk.

 3.2.    Registration with DeliverMeat is free, subject to satisfactory verification of your email account or verification of your mobile number, or both.  We will not carry out any background or identity checks on you.  You need only pay your selected DeliverMeat Partner Store when placing an Order.  Details of our fees are given in the Table of Fees and you confirm and agree these will apply.  These fees may be reviewed from time-to-time by DeliverMeat and in the event of a change in fees, DeliverMeat will notify you by e-mail or on the App or both.

 3.3.    Your interactive account area within the App will allow you to create or modify your profile, including name, postal address, and email address (and payment card information or provide a link to our third party payment processor for this purpose), change or update your password and your preferences, and display your order history.  There will be access to an online support in whatever form we decide in our discretion.  We may also provide technical support by telephone or via the App itself, or both, during hours that we shall decide in our discretion.

 3.4.    On first using the App, you will be prompted to allow the App to access your Device location.  We recommend you allow this as it assists with the functionality of the App. 

3.5.     You can search the App based on your preferences, including the type of products required, pricing, and geographic scope and other relevant details. 

 3.6.    Search results will show business profiles for DeliverMeat Partner Stores.  The accuracy and usefulness of search results may be affected if you have not provided to us your location.  Prices of products are specified in each DeliverMeat Partner Store’s business profile and are entirely at the discretion of each DeliverMeat Partner Store.  You are advised that prices of Items may change from time-to-time based on supply, demand and other factors for which neither DeliverMeat Partner Stores nor DeliverMeat are responsible. 

3.7.     Before placing an Order on the App, you will need to have a debit or credit card saved in your DeliverMeat account (or with our third party payment processor, as the case may be) and this card must not be in debit.  

3.8.     While access to the App is on a 24/7 basis, Orders can be placed from a DeliverMeat Partner Store’s online store profile only during the advertised opening hours of the DeliverMeat Partner Store.  Please be advised that: 

3.8.1. you will be able to Order only from outlets of DeliverMeat Partner Stores that are situated within the geographic radius defined in clause 3.10 below; 

3.8.2. while DeliverMeat tries to encourage standard opening hours across all DeliverMeat Partner Stores, each DeliverMeat Partner Store may set its own opening hours.  Opening hours may also be subject to change at short notice due to business need.  

3.9.     To place an Order, please click on the products you want and then confirm your Order in the basket and pay the Price and any delivery charges that may apply.  The total payment will include: 

3.9.1. a service fee payable to DeliverMeat, the rate of which is specified in the Table of Fees; 

3.9.2. a fee for the picking and packing carried out at the DeliverMeat Partner Store. This is based on the number items as well as weight of the total bag; 

3.9.3. a bag fee based on the number of bags used to pack an order; and, 

3.9.4. a payment processing fee. 

In addition, DeliverMeat Partner Stores reserve the right to impose: 

3.9.4. a minimum spend requirement before an Order can be accepted by the DeliverMeat Partner Store; and,

3.9.5. a minimum spend requirement before the DeliverMeat Partner Store will offer free delivery.

 3.10.   You can decide to have your Items delivered or you can collect your Items.  Delivery must be to an address located within a maximum radius of three (3) miles of the DeliverMeat Partner Store.  There will be a delivery charge, which will be added to your Order and calculated according to the formula given in the Table of Fees.

 3.11.   There is no obligation on a DeliverMeat Partner Store to accept an Order, but if they do accept your Order, then the DeliverMeat Partner Store will issue a confirmation via the App and then process your Order and arrange delivery.  The contract for the supply of any products you have ordered comes into existence when the said confirmation notice is sent to you. If the DeliverMeat Partner Store decides not to accept your Order, you will promptly be refunded in full.

 3.12.  The DeliverMeat Partner Store will attempt to complete delivery to you as soon as possible, though the precise delivery time may be affected by conditions outside their control. Please be available to receive your delivery at the address provided. If you have ordered alcohol or tobacco products, you will be requested to show proof of age to the DeliverMeat Driver.  Delivery of such products cannot be completed unless proof of age is provided, and if proof of age is not provided, clause 4.4 below will apply. If delivery has not been completed within thirty (30) minutes of the scheduled time, please contact the DeliverMeat Partner Store or DeliverMeat Driver via the App. Please note that for same-day deliveries, a cut-off time of at least fifteen (15) minutes prior to closing time applies, which means that orders placed within this cut-off period will not be processed and delivered until the following Banking Day

 3.13.  If the DeliverMeat Partner Store or DeliverMeat Driver, as the case may be, fails to complete delivery and you have not caused this failure, then you will be refunded the delivery charge in full.  If you have caused this failure, then the provisions in clause 4 below will apply.  If you change the delivery address after your Order has been confirmed, please contact the DeliverMeat Partner Store via the App. If the DeliverMeat Partner Store is unable to change the delivery address, you may, if you wish, cancel the Order subject to the provisions of clause 4 below.

 3.14.  If you have decided to collect your Items, you agree to do so from the designated collection time onwards in the Order confirmation provided to you on the App. If you have ordered alcohol or tobacco products, you will be requested to show proof of age at the collection point. Collection of such products cannot be completed unless proof of age is provided, and if proof of age is not provided, clause 4.4 below will apply.  Where you are unable to collect your Items, you will contact and make arrangements with the DeliverMeat Partner Store.  If you change your mind and wish to have the Items delivered but the DeliverMeat Partner Store does not offer delivery services, you may, if you wish, cancel the Order subject to the provisions of clause 4 below.

 3.15.  For the avoidance of doubt, End User Payments will be held in escrow by DeliverMeat acting as a collection agent for the DeliverMeat Partner Store.  DeliverMeat reserves the right to engage a third party commercial payment processor for the purpose of receiving and processing payments from End Users and others, and for holding funds in escrow, where appropriate.

 3.16.  For the purposes of payment processing, your Order is deemed to have been fulfilled by the end of the day on which the Order is accepted. Within seven (7) days of this deemed fulfilment date, DeliverMeat will remit payment to the DeliverMeat Partner Store.. 

 3.17.  All sums payable to DeliverMeat under this agreement are exclusive of amounts in respect of value added tax (VAT) chargeable for the time being at the current rate from time-to-time in force.

 3.18.  You will pay all amounts due under this Agreement in full without any deduction or withholding and you will not be entitled to assert any credit, set-off or counterclaim against DeliverMeat or DeliverMeat Partner Stores or other Users in order to justify withholding payment of any such amount in whole or in part.

 3.19.  For the avoidance of doubt, DeliverMeat accepts no liability for the adverse financial or other consequences to you in the event that we process a payment from a stolen credit or debit card.

 3.20.  We reserve the right to make all refunds to you under the terms of this Agreement to your payment wallet on the App rather than to you directly, in which case it will be for you to then manually request payment on to you of those funds from escrow.

 

4.         Cancellations and Refunds

 4.1.     An End User may cancel an Order by selecting this option in the App scheduler, in which case the End User will be refunded less the cancellation fees specified in clause 4.2 below.

 4.2.    Except where clause 4.3 below applies, in the event of a cancellation under clause 4.1 above, the refund to the End User will be less a cancellation fee of  a sum equal to five percent (5%) of the order value up to ONE HUNDRED POUNDS (£100.00) and three and three-quarter percent (3.75%) of the order value over ONE HUNDRED POUNDS (£100.00), which shall cover our reasonable fees in processing the cancellation.

 4.3.    In the event that the End User requests a cancellation of the Order after the DeliverMeat Partner Store has prepared the Items for loading on to the Driver’s vehicle, the End User will not be refunded by DeliverMeat and the DeliverMeat Parner’s own refund policy will apply and the and User should contact the DeliverMeat Partner Store via the App. 

4.4.     In the event that you fail to show proof of age to the reasonable satisfaction of the DeliverMeat Driver or the DeliverMeat Partner Store, as the case may be, then either sub-clause 4.4.1 or 4.4.2 below will apply: 

4.4.1. if your Order consisted entirely of Items that require age verification, then clause 4.3 above will apply; 

4.4.2. if your Order also included Items that did not require age verification, then clause 4.3 above will apply only to those Items for which delivery cannot be completed. 

4.5.     Should an End User wish to vary an accepted Order, this must be requested by contacting the DeliverMeat Partner Store direct and is a matter between the DeliverMeat Partner Store and the End User. 

4.6.     Refunds in accordance with this clause 4 will be made via our third party commercial payment processor within five (5) Business Days of the cancellation request.

 

5.         User Reviews

5.1.     When an Appointment is completed and the DeliverMeat Partner Store has been paid by the End User, all users are asked to provide both qualitative feedback and a rating from 1-5 regarding other users. 

5.2.     Reviews may be published on profile pages (if any) and should be completed honestly. Users must not falsify feedback, manipulate or coerce other users by threatening negative feedback or offer incentives in exchange for feedback. 

5.3.     Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion. 

5.4.     We may anonymise or pseudonymise reviews on request by an End User, or otherwise for the purposes of data protection where an End User’s account has been closed or terminated.

 

6.         Your Warranties and Obligations 

6.1.     You warrant that: 

6.1.1. you are 18 years of age or older; 

6.1.2. you are a human, and not a computer service or automated “bot”; 

6.1.3. you have provided accurate and valid information requested during the registration process; 

6.1.4. you will use the App only for lawful purposes; 

6.1.5. during your use of the App you will not create, transmit, distribute,

or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the App, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any DeliverMeat Partner Store, DeliverMeat customer, employee, member, or officer; 

6.1.6. if the App provides a messaging functionality, you will only use this to contact DeliverMeat Partner Stores and will refrain from contacting DeliverMeat Partner Stores directly without our prior consent. 

6.2.     You must not breach any laws in your jurisdiction, including but not limited to any copyright laws. 

6.3.     You are prohibited from breaching, or attempting to breach, the security of the App. 

6.4.     You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the App, use of the App, or access to the App without the express written permission of DeliverMeat. 

6.5.     You understand that DeliverMeat uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the App. If your bandwidth usage on the App significantly exceeds the average bandwidth usage of the App, as determined by DeliverMeat, we reserve the right to limit your bandwidth to the App. 

6.6. If the event of Default:

6.6.1. DeliverMeat will, without limiting its other rights or remedies, have the right to: 

6.6.1.1. suspend your access to the App until you remedy the Default to DeliverMeat’s satisfaction; and, 

6.6.1.2. to rely on the Default to relieve it from the performance of any of its obligations to the extent the Default prevents or delays DeliverMeat’s performance of any of its obligations; 

6.6.2. DeliverMeat will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from DeliverMeat’s failure to perform, or delay in performing, any obligation; and, 

6.6.3. you will reimburse DeliverMeat on written demand for any costs or losses sustained or incurred by DeliverMeat arising directly or indirectly from the Default.

 

7.         Acknowledgements 

7.1. Each DeliverMeat Partner Store may have a designated delivery area. This delivery area may change at any time due to factors such as weather, demand, supply of goods as well as the availability of drivers in the local area. 

7.2. As stated in clause 3.8 above, while DeliverMeat Partner Stores are encouraged to adopt standard opening hours across the platform, each can decide their own opening hours, and clause 3.10 above restricts deliveries to a maximum three (3) mile geographic radius of the DeliverMeat Partner Store. That means that the availability and the range of DeliverMeat Partner Stores from which you can order via our App is restricted to the DeliverMeat Partner Stores within the radius and opening hours stated. If you try to order a delivery to a location outside the delivery area or operating hours of a DeliverMeat Partner Store, or the App functionalities are otherwise unavailable in your area for any reason, we will notify you that ordering will not be possible.  It is possible that, from time-to-time, we may allow DeliverMeat Partner Stores to disregard these limitations and serve customers outside the standard opening hours or geographic radius, or both.  In that event, you may incur additional fees at the discretion of DeliverMeat.

7.3.1. DeliverMeat is a third party mobile marketplace platform and digital marketplace that connects users to local meat, fish, grocery, supermarkets and off-licenses.  DeliverMeat is not a provider of groceries or other services of any kind and do not stock goods.  All contractual relations and arrangements concerning the provision of such services, including (among other things) delivery timing and promptness and other service standards, product defects, missing, stolen or damaged goods, stock shortages, and incorrect or inaccurate descriptions of goods and services are entirely a matter between you and, respectively, the DeliverMeat Partner Store and (to the extent relevant) the DeliverMeat Driver, and not the responsibility of DeliverMeat. DeliverMeat itself is in no way responsible or liable for the provision of such goods and services, and you indemnify DeliverMeat entirely in respect of the financial consequences of any breach of contract or breach of duty on the part of you or the DeliverMeat Partner Store or the DeliverMeat Driver in the provision of their goods and services; 

7.3.2. in particular:

7.3.2.1 DeliverMeat has no control of product selections and offerings of DeliverMeat Partner Stores who have the right to sell and list goods and services as at their discretion.  This may include wild meats and other products that are prohibited for users who have dietary and religious requirements such as Halal or khoser; and,

7.3.2.2. while we will from time-to-time carry out spot checks and reviews to ensure that product information is clearly communicated to End Users and that products that are intended to meet special dietary requirements or religious and cultural dietary restrictions are clearly labelled as such and conform to any relevant food standards and registry requirements, it is for End Users to read the relevant product descriptions carefully and make their own enquiries as necessary to ensure that the products on offer meet their own particular requirements and End Users must at all times rely on their own due diligences in this regard and you acknowledge and agree that DeliverMeat shall not be liable or responsible in any way for the actions and omissions of DeliverMeat Partner Stores and you indemnify us and hold us harmless accordingly ; 

7.3.2.3. while we acknowledge that DeliverMeat Drivers are sub-contractors of DeliverMeat, you acknowledge and agree that DeliverMeat shall not be liable or responsible in any way for the actions and omissions of DeliverMeat Drivers and you indemnify us and hold us harmless accordingly; 

You agree to indemnify and hold DeliverMeat, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the App in breach of this Agreement or your breach of any law or the rights of a third party.

15.1.   The Parties acknowledge that with regards to their relationship and all the data, including but not limited to customer data, DeliverMeat is the Data Controller and Data Processor, such meaning been given to them under the Data Protection Act 1988. 

15.2.   The DeliverMeat Partner Store may collect customer information separately by itself and in such case DeliverMeat Partner Store will be the Data Controller and Data Processors. Although, for any customer information stored on or processed through any platform provided by DeliverMeat, DeliverMeat is the Data Controller and Data Processor. 

15.3.   DeliverMeat has agreed with the DeliverMeat Partner Store that: 

15.3.1.          the DeliverMeat Partner Store will not use any data collected through the App for any purpose other than fulfilment of an Order; 

15.3.2.          the DeliverMeat Partner Store, in their capacity as Data Controller and Data Processor, shall comply with all data protection legislation and take all appropriate technical and organisational measures to protect the personal data against any unauthorised or unlawful processing of the data; and, 

15.3.3.           the DeliverMeat Partner Store must take all reasonable steps to ensure that no personal data is published, disclosed, divulged or   transferred to any third party or the DeliverMeat Partner Store’s agents or contractors, without prior consent of DeliverMeat. 

15.4.   DeliverMeat will retain your data for as long as is necessary, and for a period of up to six (6) years following closure or termination of your account.  We may: 

15.4.1.           share your customer data with third party service providers for the purpose of providing the App, including (among other things) account administration and informing you about DeliverMeat’s services in the future; 

15.4.2.           use cookies in the App, and you may also have the option of activating and de-activating (as the case may be) cookies through your browser. 

15.5.   This clause 15 shall survive the termination or expiry of this Agreement.

 

 16.      Cancelling (Deactivating) Your Account 

16.1.   Accounts can be cancelled in the App by an End User at any time by completing the cancellation process or at any time by us. This is known as account deactivation and will mean: 

16.1.1.            your account will be deactivated and can no longer be accessed; 

16.1.2.            your account will no longer be charged; 

16.1.3.            all of your rights granted under this Agreement will immediately come to an end; and, 

16.1.4.            all of your data and content may be deleted from our systems (on request). 

16.2.   Users should take note that DeliverMeat may suspend or cancel a DeliverMeat Partner Store’s account or a particular product or type of product offered by a DeliverMeat Partner Store at any time, or impose restrictions as we see fit, for any reason or no reason and with or without notice to the DeliverMeat Partner Store.  Where this affects an Order, DeliverMeat can accept no liability for the fulfilment of Orders remains a matter between you and the DeliverMeat Partner Store. 

16.3.   We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

17.1.   Without limiting its other rights or remedies, each party may terminate this Agreement with immediate effect by giving written notice to the other party if: 

17.1.1.           the other party commits a material breach of this Agreement and (if such a breach is remediable) fails to remedy that breach within seven (7) days of that party being notified in writing of the breach; 

17.1.2.           the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; 

17.1.3.           the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; 

17.1.4.           a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party; 

17.1.5.           the other party (being an individual) is the subject of a bankruptcy petition or order; 

17.1.6.           a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within fourteen (14) days; 

17.1.7.           an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company); 

17.1.8.           a floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver; 

17.1.9.           a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; 

17.1.10.         any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in sub-clauses 17.1.2 to 17.1.9 (inclusive); 

17.1.11.         the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or, 

17.1.12.         the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation. 

17.2.   Without limiting its other rights or remedies, DeliverMeat will have the right to suspend provision of the App under this Agreement or any other agreement between the Parties if the End User becomes subject to any of the events listed in sub-clauses 17.1.2 to clause 17.1.9 inclusive, or DeliverMeat reasonably believes that the End User is about to become subject to any of them, or if the End User fails to pay any amount due under this Agreement on the due date for payment.

 

18.      Consequences of Termination 

On termination of this Agreement for any reason: 

18.1.   the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination will not be affected, including the right to claim damages in respect of any breach of this agreement which existed at or before the date of termination or expiry; and, 

18.2.   clauses which expressly or by implication have effect after termination will continue in full force and effect.

 

19.      Force Majeure 

19.1.   For the purposes of this agreement, Force Majeure Event means an event beyond the reasonable control of DeliverMeat including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of DeliverMeat or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of DeliverMeat or subcontractors. 

19.2.   DeliverMeat will not be liable to the End User as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event. 

19.3.   If the Force Majeure Event prevents DeliverMeat from providing the App for more than eight (8) weeks, DeliverMeat will, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the End User.

 

20.      General Provisions 

20.1.   Assignment and Subcontracting. 

20.1.1.           DeliverMeat may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the   agreement and may subcontract or delegate in any manner any or all of its obligations under the agreement to any third party or agent. 

20.1.2.           The End User will not, without the express prior written consent of DeliverMeat, assign, transfer, charge, subcontract or deal in any other   manner with all or any of its rights or obligations under the agreement. 

20.2.   Notices. 

20.2.1.           Any notice or other communication required to be given to a party under or in connection with this agreement will be in writing and will be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party’s main fax number. 

20.2.2.           Any notice or other communication will be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Banking Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next Banking Day after transmission. 

20.2.3.           This clause 20.2 will not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” will not include e-mails and for the avoidance of doubt notice given under this agreement will not be validly served if sent by e-mail. 

20.3.   Waiver. 

A waiver of any right under this Agreement is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the agreement or by law will constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that or any other right or remedy. 

20.4.   Severance. 

20.4.1.           If a court or any other competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement will not be affected. 

20.4.2.           If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable. 

20.5    DeliverMeat reserves the right to revise and amend this Agreement from time-to-time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes to the App, changes in relevant laws and regulatory requirements and changes in our system’s capabilities, so please review our terms regularly. 

20.6.   No Partnership or Agency. 

Nothing in this Agreement is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party will have authority to act as agent for, or to bind, the other party in any way. 

20.7.   Entire Agreement 

This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it will have no claim for innocent or negligent misrepresentation based on any statement in this Agreement. 

20.8.   Third Parties. 

A person who is not a party to this Agreement will not have any rights under or in connection with it. 

20.9.   Rights and Remedies. 

The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law. 

20.10. Variation. 

Except as set out in this Agreement, any variation, including the introduction of any additional terms and conditions to this Agreement, will only be binding when agreed in writing and signed by DeliverMeat. 

20.11. Electronic signature. 

This Agreement will be signed electronically by the User during registration on the App. 

20.12. Governing Law and Jurisdiction. 

This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

 

ANNEX

DELIVERMEAT COMPLAINTS POLICY & PROCEDURE 

 

1. Definitions

In this Complaints Policy the following expressions have the following meanings:

 

“Business Day”	means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in the United Kingdom;
“Complaint”	means a complaint or adverse or critical comment about the services of DeliverMeat or the DeliverMeat App or a DeliverMeat Partner or a DeliverMeat Driver;
“Complaints Policy”	means this document;
“Complaint Reference”	means a unique number which may be assigned to your Complaint that will be used to track your Complaint;

 

 

2. Purpose of this Complaints Policy

2.1.    We welcome and encourage feedback of all kinds from our customers. If you have a Complaint, not only do we want to resolve it to your satisfaction but we also want to learn from it in order to improve our business and the experience of users in the future.

2.2.     It is our policy to resolve Complaints quickly and fairly, where possible without recourse to formal investigations or external bodies. In particular, the aims of this Complaints Policy are:

            2.2.1.  to provide a clear and fair procedure for anyone who wishes to make a Complaint;

            2.2.2.  to ensure that everyone working for or with us knows how to handle Complaints;

            2.2.3.  to ensure that all Complaints are handled equally and in a fair and timely fashion;

            2.2.4.  to ensure that important information is gathered from Complaints and used in the future to avoid such a situation arising again.

 

3. What this Complaints Policy Covers

3.1.  This Complaints Policy applies to our App and any other services we provide or that are provided by DeliverMeat Partners and DeliverMeat Drivers in relation to the App.

3.2.   Complaints can be submitted by anyone who uses the DeliverMeat App, including customers, DeliverMeat Partners and DeliverMeat Drivers. For the avoidance of doubt, for the purposes of this Complaints Policy, any reference to ‘us’, ‘we’ and ‘our’ and and similar terms means only DeliverMeat Technologies Ltd, trading as DeliverMeat.

3.3.   We cannot resolve complaints between you and DeliverMeat Partners that relate to their own products and services, but we are keen to ensure that DeliverMeat Partners provide the very best service possible and where you have had an issue with a    DeliverMeat Partner, you may notify us through this complaints process.  Please also tell us if you have a complaint about a DeliverMeat Driver.

3.4.      Complaints may relate to (but not be limited to):

            3.4.1.   the quality of customer service you have received from us, a DeliverMeat Driver or a DeliverMeat Partner;

            3.4.2.   the behaviour and/or competence of a DeliverMeat Partner or DeliverMeat Driver;

            3.4.3.   delays, defects or other problems associated with the sale of goods or provision of services;

3.5.      The following are not considered to be Complaints and should therefore be directed to the appropriate person:

            3.5.1.   general questions about goods and services;

            3.5.2.   cancellations and returns;

            3.5.3.   matters concerning contractual or other legal disputes with a DeliverMeat Partner or DeliverMeat Driver;

            3.5.4.   formal requests to a DeliverMeat Partner for the disclosure of information, for example, under the Data Protection Act.

 

4. Making a Complaint

4.1.     All Complaints should be made in writing or by e-mail using the details given from time-to-time on our website or by following the relevant link on the App.

4.2.      When making a Complaint, please provide as much detail as is reasonably possible so that we can identify you and understand what has happened. Please also tell us what we can do to resolve your complaint.

4.3.     Where your Complaint relates to the goods or services of a DeliverMeat Partner or DeliverMeat Driver, we may not be able to put things right as the obligations are with them, but we will take note of the issue and consider what further action may be taken against the relevant DeliverMeat Partner or DeliverMeat Driver. 

 

      5.   How We Handle Your Complaint

5.1.   Upon receipt of your Complaint, we will acknowledge receipt of it.  We may then request further information from you and/or the person your Complaint relates to.  After making further inquiries, we will then notify you of our decision and any action we propose to take.

5.2.    If the Complaint relates to any aspect of the goods or services of a DeliverMeat Partner Store, then the following process will apply:

5.2.1. you and the End User will be given an opportunity (if you have not had the opportunity already) to resolve the complaint between you;

5.2.2.1.1.    If having had this opportunity and the mater remains unresolved, DeliverMeat will then consider your complaint;

5.2.2.1.2.   if it appears to DeliverMeat that on any reasonable view the End User has proper cause to be dissatisfied with the DeliverMeat Partner Store, then DeliverMeat may direct that the DeliverMeat Partner Store shall refund you in whole or in part in such sum as shall seem reasonable and proportionate in the circumstances.

This shall be on the condition that you accept this refund as full and final settlement of any claims against the DeliverMeat Partner Store (to the extent the law permits this waiver) and confirm this to us in writing.

 

6.     Confidentiality and Data Protection 

6.1.  All Complaints and information relating thereto are treated with the utmost confidence.  Such information will only be shared with those employees agents, and subcontractors who need to know in order to handle your Complaint. 

6.2.  We may ask for your permission to use details of your Complaint (with your personal details removed) for internal training and quality improvement purposes. 

6.3.  All personal information that we may collect (including, but not limited to, your  name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.