App & Website Terms of Use
Version number: 1.0
Effective date: 18th May 2023
1. Who we are
1.1 We are DropApp Limited (formerly known as Verdelin Ltd) trading as “Drop Wine Delivery. Our company information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to use of our mobile app and website. (Separate terms apply if you buy goods from us.) We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text.
3. Some definitions
THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
“Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
“Content” - all information of whatever kind displayed, stored or sent on or via our Service.
“Mobile App” – the “drop” mobile application any related services supplied by us.
“Service” – our Mobile App and our website.
“Store” – the app distributor from which you download our Mobile App (e.g., Apple App Store, Google Play App Store).
“Store Rules” – any applicable rules, policies or terms of the relevant Store.
“User” - people or organisations using our Service (whether or not registered with us).
4. How you enter a legal contract with us
THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
4.1 By downloading our Mobile App or accessing our website, you enter into a legal contract with us to use our Service.
5. Changing these terms and conditions
IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE
5.1 We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise. If you don’t agree to the new terms, please stop using our Service.
6. Your right to use our Service
THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE
6.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded if you download our Mobile App from Apple) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
6.2 You must not download, or attempt to register on, our Mobile App if:
· you live outside the UK ; or
· you are below 18 years of age .
7. Behaviour when using our Service
THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE
7.1 You agree not to do any of the following in connection with our Service:
· break the law or infringe anyone else’s rights;
· send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally permitted to do so;
· use our Service to help you compete with us or to infringe our rights;
· disrupt our Service, e.g., spam, viruses or phishing;
· interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
· intercept or modify communications;
· impose an unreasonable load on our Service;
· deliberately exploit any bugs found within our Service;
· get around any security features including those designed to stop copying of Content; or
· attempt, encourage or assist any of the above.
7.2 You agree to:
· comply with the guidance/requirements on our Service; and
· cooperate reasonably with us in relation to our Service.
7.3 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
8. Other peoples’ services / advertising / websites
IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE
8.1 We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
9. Our guidance
IN SHORT: YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK
9.1 If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
10. If you create an account on our Service
IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL
10.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account.
10.2 You agree to take reasonable care to keep your login information confidential [LL8] and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).
11. Ending this contract
THIS SECTION TELLS YOU WHEN AND HOW YOU OR WE CAN END THE CONTRACT AND, IF SO, WHAT HAPPENS
11.1 You are entitled to end this contract at any time by emailing us to the email address shown below and, if you are a Mobile App User, by uninstalling the Mobile App from all of your devices.
11.2 We are entitled to end this contract at any time and for any reason.
11.3 If this contract ends:
· Your right to use our Service and all licences are terminated.
· We are allowed to delete your Content without telling you.
· Existing rights and liabilities are unaffected.
· All terms in this contract which are stated or intended to continue after termination will continue to apply.
12. If our Service doesn’t work properly
IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE
12.1 We do not guarantee that the Service will be uninterrupted or error-free.
12.2 We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.
13. Compatibility of Mobile App
IN SHORT: WE DON’T GUARANTEE OUR MOBILE APP IS OR WILL REMAIN COMPATIBLE WITH YOUR DEVICE
13.1 We do not guarantee that the Mobile App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You acknowledge that the supplier of the device or OS may issue an update that causes our Mobile App to stop working. We may issue Mobile App updates through the Store; if so, you may not be able to use our Mobile App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for Mobile App updates and to install them as soon as they become available.
14. Restrictions on our legal responsibility – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
14.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
14.2 If you are a Consumer, subject to the above we shall not be liable for any loss or damage where:
· there is no breach of a legal duty owed to you by us;
· such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
· (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
· such loss or damage relates to a business of yours.
14.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
14.4 The following clauses apply only if you are not a Consumer:
· To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
· Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
- loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
- indirect, consequential or special losses.
· You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
15. Intellectual property rights (IP)
THIS SECTION CONFIRMS THAT YOU AND WE REMAIN OWNERS OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND SETS OUT HOW WE ALLOW EACH OTHER TO USE THE CONTENT
15.1 We and/or our partners, own the IP in all Content used on or in connection with our Service. Let’s call this “our Content”.
15.2 You may view our Content on your device for your private personal, non-commercial, and (if you are a business) your internal business use, only. Unless these terms specifically allow you to, you must not otherwise use all or any part of our Content including by copying, publishing (on the Internet or otherwise), [LL13] selling or altering it, taking extracts from it or passing it on to other people, unless we give you clear written permission. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.
15.3 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.
15.4 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not alter or create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to anyone else.
16. Your personal information
IN SHORT: OUR PRIVACY POLICY APPLIES
16.1 You agree that we can deal with your personal information in accordance with our Privacy Policy - https://dropwine.co.uk/privacy - which may change from time to time.
17. Things we can’t control
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
17.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
18. Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
18.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
19. English law and courts
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES
19.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
20. General
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY
20.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.
21. Extra legal terms
HERE ARE SOME ADDITIONAL LEGAL TERMS REQUIRED BY APPLE REGARDING OUR MOBILE APP
21.1 In the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
21.2 The following applies where Apple Inc is the Store:
· In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.
· We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the Mobile App or the end-user’s possession and/or use of that Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
21.3 You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store 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.
21.4 You agree 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.
21.5 You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the Mobile App.
22. Complaints
22.1 If you have any complaints, please contact us via the contact details shown below.
23. Information about us
23.1 Company name: DropApp Limited
23.2 Trading name: “drop”
23.3 Country of incorporation: England and Wales
23.4 Registered number: 10519028
23.5 Registered office: C/O The 10 Cases 16 Endell Street, Covent Garden, London, England, WC2H 9BD
23.6 Contact address: 175 Drury Lane, London WC2B 5QF
23.7 Contact email address support@dropwine.co.uk
23.8 Other contact information: See our website/contact page
23.9 VAT number: 263194402