The contractual terms below relate to a customers use of the Locovan application.
LOCOVAN – PLATFORM SERVICES TERMS FOR CUSTOMERS
Welcome to Locovan!
b. These App Terms apply to your use of the App. Separately, the Courier Terms http://www.locovan.com/courier-terms apply to the contract for Courier Services entered into between you and the Courier whose services you book by means of the App.
1. Status of these App Terms
a. Your attention is in particular drawn to the way that we limit our liability to you under section 3.d, section 8.a and section 11 below.
b. The van courier services listed on the App are provided by the local van courier providers you book by means of the App. Not by us. Our role and responsibility is limited to listing details of courier services, and arranging bookings and collecting payment on behalf of the couriers that register with us. We cannot be responsible for late arrival or delivery cancellation by a courier, for any loss or damage caused to goods carried, or for the quality or suitability or fitness for purpose of the courier services you book. We will notify you of any changes by means of the App.
c. You can access these terms at any time in the App itself, or at http://www.locovan.com/locovan-customer-terms
d. We may update these terms from time to time by posting the updated version at that URL. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the App.
e. Every time you order courier services by means of the App, these terms as they are in force at that time (and available for view on our website) will apply to the contract between you and us for provision of booking and payment processing services in respect of the courier services you book.
f. By using the App, you agree that you are a private individual at least 18 years old and are resident in the United Kingdom at the time you use the App.
For ease of reference the following terms shall having the following meanings in these App Terms:
a. “Booking” means a contract for the provision of Courier Services entered into between you and the Courier by means of the App;
b. “Courier Profile” means a listing in the App setting out a description of the Courier, the price for the Courier Services, and any Courier-specific conditions of carriage of goods.
c. "Courier Services" means any goods transportation, courier and delivery services you arrange through the App;
d. "Courier Terms" means the standard terms for carriage of goods as applicable between you and a Courier, available here http://www.locovan.com/courier-terms;
e. "Courier" means a provider of collection, courier and delivery services, independent of Locovan Ltd, which promotes and provides its Courier Services by means of the App;
f. “Specific Courier Terms” means any conditions and/or terms of business of a particular Courier highlighted in the Courier Profile;
g. "you" and "your" means you, being any person who browses or uses the App.
3. Locovan is not a courier service. It is a means for you to request, book and pay for courier services from Couriers who have registered to use the Locovan service.
a. The App aims to connect you with Couriers who can provide goods transportation, courier and delivery services.
b. The App is designed to enable users to make a Booking for Courier Services with a Courier. Courier Services are provided by the Courier, and not by us. We are responsible only for promoting the services of Couriers, taking your Booking, and processing payment - all on behalf of the Courier. The content of any Courier Profile on the App, and the content of the Courier Services, are entirely the responsibility of the Courier.
c. What this means is that when you use the App to make a Booking for Courier Services, it will create two legal contracts:
i. one contract between you and us, under which we provide to you the means of browsing, booking, and paying for the Courier Services by means of the App. That contract is made on these App Terms; and
ii. a further contract between you and the relevant Courier in respect of their provision to you of Courier Services to you at a price agreed between you and the Courier. That contract includes separate Courier Terms, available [http://www.locovan.com/courier-terms] here, plus any Specific Courier Terms (we require Couriers to set these out or link to these in the Courier Profile).
d. All Courier Profiles on the App are listed by us on behalf of Couriers. As a result, we are not (and cannot reasonably be) responsible or liable to you for anything in relation to the promotion of the Courier or a Courier Services on the App.
e. While Couriers may possess their own profiles on the App, we do not represent, endorse or recommend any Courier, the quality of their work or the value and quality of their service.
f. The Couriers on the App are not our employees or workers. We have no involvement in the provision of the Courier Services.
. Once you book Courier Services through the App in accordance with these App Terms and the Courier Terms, we will validate your payment details on behalf of the Courier. The payment will be taken on completion of the Courier Services. At the point that payment is received by us, your payment obligation to the Courier in respect of the Courier Services is discharged.
a. The Booking for Courier Services will be concluded when you and the Courier have each accepted the price for the Courier Services and Specific Courier Terms which may be proposed by the Courier in addition to the Courier Terms.
b. We require the Couriers who use Locovan to ensure that all information provided by them in a Courier Profile is accurate, complete and not misleading in any way. But given the large number of Courier Profiles, we cannot verify the information which they provide to us. It is the Courier's responsibility to ensure that the Courier Services as set out in the Courier Profile is available and accurately described. We are not therefore responsible for any inaccuracies in the Courier Profile.
c. As a consumer, you will have legal rights against the Courier in relation to any Courier Services that is not provided in accordance with reasonable skill and care, or if the Courier Services are not as described in the Courier Profile. If you are in the UK, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these App Terms will affect your statutory rights against us or any Courier.
d. You will be entitled to cancel a Booking at any time up to 24 hours prior to the time that pick-up is scheduled under the Booking. If you cancel a Booking at any time after that, you will remain obliged to pay the charges under the Booking.
5. Payment for Courier Services.
a. Charges listed for Courier Services include VAT and any applicable sales tax.
b. When you agree a Booking with a Courier by means of the App, you have created a binding contract under the Courier Terms with the Courier for delivery of the Courier Services in exchange for payment of the agreed charges.
c. You are responsible for ensuring that you are available to receive the Courier Services at the time specified in the Booking (for example, if you are not present at the agreed address at the time specified in the Booking). To be clear, subject to your limited right of cancellation (section 4.e above), if you are unavailable to receive the Courier Services, you will not be entitled to a refund of the charges paid in respect of the Booking.
d. Payments are taken by means of our payment service provider. By making a Booking you agree to us and our payment service provider authorising or reserving a charge on your payment card or other payment method for the charges agreed in respect of any Booking, and the payment processing charge imposed by our payment service provider, immediately for collection of the funds.
e. In advance of your making a Booking, we will notify you of the Courier’s charges for the Courier Services and the extent of any payment processing charge.
6. Use of the App.
. Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use the App (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use the App for anything else, including reselling or brokering any Courier Services.
a. You are responsible for the internet connection and/or mobile charges that you may incur for using the App. You must ask your internet access provider or mobile operator if you don’t know what these charges will be, before you use the App.
b. We have the right to suspend, withdraw or modify the App (in whole or in part) without liability to you at any time, including in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability or functionality of the App; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the App); or because it is no longer economically viable or efficient to provide the App.
. If you set up a user account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to "log in details" or "account" include your log in details and account for Facebook, Twitter or any social network or platform that you may allow the App to interact with.
a. If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
b. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the App and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
c. If you notice an unauthorised use or breach of your user account, you must notify us immediately at customerservice@Locovan.com.
8. DISCLAIMER - No control over Courier Profiles, No Warranty regarding the App
. We do not create the content of any Courier Profiles in the App, or any Courier Services. Courier Services and Courier Profiles are not produced by or for us, nor comprehensively verified by us. Therefore, we do not guarantee the accuracy, integrity or quality of that Courier Profile or Courier Services. Under no circumstances will we be liable in any way for any Courier Profile or Courier Services, including, but not limited to, any errors or omissions in any Courier Profile or Courier Services, or any losses or harm of any kind resulting from the use of any Courier Profile or Courier Services. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Couriers are those of the Courier and not those of us. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the App by anyone other than authorised Locovan Ltd employee spokespersons while acting in their official capacities.
a. The App is provided "as is" and without warranty of any kind. In particular, we cannot promise that the App will always be provided uninterrupted or error-free. You acknowledge that we cannot reasonably guarantee, and do not guarantee, that the App will always work properly.
9. Your conduct in relation to the App
. You must comply with all laws applicable in the UK. If any laws applicable to you restrict or prohibit you from using the App, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the App.
10. Your breach of these terms
a. We reserve the right to suspend or terminate your access to the App (including by deleting your account) at any time. We will likely do so if we reasonably believe that you are in breach of these terms.
b. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
11. LIMITATION OF LIABILITY - IMPORTANT – PLEASE READ CAREFULLY
. We accept liability for death or personal injury resulting from our negligence or that of our employees or agents (which does not include any Courier), and for losses or harm caused by fraud by us or our agents, or any other liability which it would be unlawful for us to exclude or restrict liability.
a. We are not responsible for:
i. Any losses in relation to your receiving or not receiving the App or any Courier Services;
ii. losses or harm not caused by our breach of these terms or negligence; or
iii. losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, mobile device failure or financial loss; or
iv. technical failures or the lack of availability of the App, and/or social media channels linked to the App.
b. Our Responsibility for Loss or Damage Suffered by You If You Are a Consumer: We only supply the App for your own individual domestic and private use. You agree not to use the App in the course of any business, or for any commercial, business or re-sale purpose. We therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If the Locovan mobile app 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.
c. Our Responsibility for Loss or Damage Suffered by You If You Are a Business: Subject to clause 11.a above
. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of anticipated savings, loss of revenue, or any indirect or consequential loss arising under or in connection with any contract between us; and
i. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £50.
12. Intellectual property
. You acknowledge that all copyright, trade marks (including ‘Locovan’ and the Locovan logo), and other intellectual property rights in and relating to the App (other than the content of Courier Profiles and Courier Services, which remain the property of the Courier) are owned by us or licensed to us by our partners.
a. You must not copy, distribute, make available to the public or create any derivative work from the App or any part of the App unless we have first agreed to this in writing. You must not use any of our trade marks (including the word ‘Locovan’ and the Locovan logo), or other intellectual property rights in and relating to the App without our prior written consent.
b. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
13. Legal or Complaint Notices: If you have a complaint regarding any Courier Profile, you may notify us by emailing us at customerservice@Locovan.com with the following information: name; street address; email address; full details of your complaint and the Courier Profile (or Courier Profiles) you are complaining about. These requests should only be submitted by you or someone who is authorised to act on your behalf.
. We are registered with the Information Commissioners Office as a data controller in the United Kingdom.
b. We may use any feedback or comments you make in respect of the App or any Courier in our marketing material. We will not use your name unless we get your prior consent to do so.
. We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
a. These terms set out the entire agreement between you and us concerning the App and they replace all earlier agreements and understandings between you and us.
b. If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
c. Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
17. Complaints about the App, Courier Services or Couriers
. If you have any concerns regarding the App itself (rather than any Courier Services or Courier) we hope we can resolve these quickly if you contact us at customerservice@Locovan.com.
a. We care about your experience with Couriers using our App, and want to ensure they maintain the highest standards possible. If you are unhappy with a Courier’s service you should speak to the Courier to try and resolve the issue. We would like to be kept informed of any issues or disputes.
b. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE TO YOU FOR THE COURIER SERVICES WHICH THE COURIER PROVIDES AND ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH COMPENSATION, A REFUND OR CREDIT NOTE IN THE EVENT YOU ARE DISSATISFIED WITH THE COURIER SERVICE.
c. In the unlikely event that legal action becomes necessary either by us or by you, these terms shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts.
d. If you have any complaints or objections of a legal nature to material or content (including Courier Profiles) provided by means of our site, including if you believe that material or content on our site is defamatory or infringes your intellectual property rights (including copyright or trade mark rights), please contact us immediately with a statement by email to customerservice@Locovan.com. Your email statement must at a minimum contain the following details: the exact individual content you are complaining about; the way in which the content infringes your rights, or is defamatory; your name and street address; a declaration that your statement is true and acknowledgement that it may be used in any subsequent court proceedings relating to your complaint.
18. Questions about these terms
a. If you have any questions about these terms or the App, you may contact us by email at customerservice@ Locovan.com.
19. Additional Terms for Apple Users
a. Apple Mandatory Terms. By downloading the App from the Apple iTunes App Store, the following terms also apply to you:
b. Acknowledgement: Both of us acknowledge this constitutes an agreement between you and us only, and not with Apple, and we, not Apple, are solely responsible for the App and the content thereof.
c. Scope of Licence: This Licence granted to you for the App is limited to a non- transferable license to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”).
d. Maintenance and Support: We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement. We and you both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
e. Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.
f. Product Claims: We and you acknowledge that We, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
g. Intellectual Property Rights: You and We acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
h. Legal Compliance and Export: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
i. Third Party Beneficiary: We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.