User Terms and Conditions - Getzz

User Terms and Conditions

Wellcome to getzz

Introduction

These Terms and Conditions (“Terms”) govern your relationship with Your City App Ltd a company incorporated in Scotland under the Companies Acts (company number SC523721) and having its registered office at Unit 2, 15 Lotland Street, Inverness, United Kingdom IV1 1ST (“us, “we”, “our”, “getzz”) in connection with Getzz websites and mobile application (the “Service”) operated by us.

For the avoidance of doubt, please note that references to “Service” in these Terms include any current or future version of our website https://www.getzz.co.uk and any Getzz mobile application through which you access and use our Service, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Service that may be developed from time to time).

Please read these Terms and Conditions carefully before using the Service. We grant to you a limited, non-exclusive, non-transferable licence to access and use the Service, subject to your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users, partners and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. You may not access the Service if you disagree with any part of the Terms.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our Service:
Terms and Conditions of Use
1. Our role
1.1. Our purpose is to connect you to the businesses we partner with (“Partner Businesses”) and provide you with a digital platform (our “Service”) where you can order products (“Products”) for delivery or collection. When you order from a Partner Business, Getzz acts as an agent on behalf of that Partner Business to conclude your order from our Service and to manage your experience throughout the order process. Once you have placed an order, your Products will be delivered to you by our Partner Business, from which you have placed the order or from our Delivery Partner company (“Delivery Partner”), depending on the Partner Business you have selected.
1.2. The legal contract for the supply and purchase of Products is between you and the Partner Business that you place your order with.
2. About you
2.1. Age and Capacity: By placing an Order through the Service, you warrant that:
  • 2.1.1. You are legally capable of entering into binding contracts with Partner Business; and
  • 2.1.2. You are at least 18 years old.
2.2. Alcohol, cigarettes and other smoking products:
  • 2.2.1. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol in the UK, or for any person to buy, or attempt to buy, alcohol, tobacco or other smoking products in the UK on behalf of any person who is under the age of 18;
  • 2.2.2. If your order includes any alcohol, cigarettes or other smoking products, you will be asked to provide proof of your age on collection or delivery of your order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your chosen Partner Business, or if the Partner Business reasonably believes that the alcohol, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, the Partner Business reserves the right not to complete the delivery of the alcohol, cigarettes or other smoking products to you.
2.3. Food Allergies: You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Partner Business directly to check that the food is suitable for you, before placing your order directly with them. Partner Business may use nuts or other allergens in the preparation of certain products. Getzz cannot guarantee that any of the products sold by our Partner Business are free of allergens.
3. Your Account
3.1. Any information that you provide to us when creating an account to use the Service must be fully accurate, complete and up to date, and must be maintained as such at all times. Failure to provide us with such information constitutes a breach of the Terms, which may result in suspension or termination of your account in relation to the Service.
3.2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
3.3. You shall not disclose your password to any third party. Any breach of security or unauthorised use of your account must be notified by you to us immediately upon you becoming aware of such breach.
3.4. You cannot use as a username the name of another person or entity or that is not lawfully available to use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
4. Account Deactivation
4.1. You may deactivate your account at any time by contacting us. You may request deletion of your personally identifiable information by contacting us at info@getzz.co.uk. Once deactivated, your account, activities and profile cannot be reinstated.
5. Service Availability
5.1. Each Partner Business has a prescribed delivery area. This delivery area may change at any time due to factors such as Weather, or demand on our service. This is to ensure that Items reach your door at their best.
5.2. Each Partner Business decides their own operating hours. That means that the availability of our Service, and the range of Partner Businesses from which you can order, depends on the Partner Businesses in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Partner Business, or the Service is otherwise unavailable for any reason, the Partner Business will notify you that your order will not be possible to be completed.
6. Orders
6.1. Once you have selected the Products you wish to order from the menu of your chosen Partner Business and provided the other required information, you will be given the opportunity to submit your order by clicking or selecting the “Proceed” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be prompt to click “Pay Now” button; once you click “Pay Now” button you will be entering into a contract with the Partner Business and your order will be processed.
6.2. Once you placed your order, you will get a notification that your order has been successfully placed.
6.3. Payment authorisation: Where any payment you make is not authorised, your order will not be processed.
6.4. Amending or cancelling your order: Once you have submitted your order and your payment has been authorised, you will not be entitled to change or cancel your order, nor will you be entitled to a refund. If you wish to change or cancel your order, you will need to contact the Partner Business directly. However, there is no guarantee that the Partner Business will agree to your requests as they may have already started processing your order.
6.5. Processing your order and Partner Business rejections: Once you have placed your order and the payment has been authorised, the Partner Business will automatically receive your order. Please note that any confirmation page that you may see on the Service confirms that you have a contract for the sale of Products with the Partner Business, but does not necessarily mean that your order will be fulfilled by the Partner Business. We encourage all our Partner Businesses to accept all orders and to communicate any rejection promptly. The Partner Business will notify you directly if they need to reject your order. Partner Business have the ability to reject orders at any time because they are too busy, due to weather conditions or for any other reason. In doing so, Partner Business will be in breach of their agreement with you and any payment made in respect of the order will be returned to you directly by the Partner Business.
6.6. Agency: For the avoidance of doubt, any orders processed by Getzz through the Service are processed by Getzz in its capacity as commercial agent of the relevant Partner Business.
7. Deliveries
7.1. Delivery of your order: Estimated times for deliveries and collections are provided by the Partner Business and are only estimates. Neither we nor the Partner Business guarantee that orders will be delivered or will be available for collection within the estimated times.
7.2. You will still be charged for the Product and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
  • You do not come to the door, did not pick up the phone when the driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.
  • The driver refuses to deliver the Product to you in accordance with section 2 (Age and Capacity).
8. Prices
8.1. Incorrect pricing: Prices of Products for sale displayed on the Service are placed by the relevant Partner Business, if you suspect the price of an item is incorrect you need to contact the Partner Business directly. Getzz cannot guarantee nor take responsibility for any incorrect price.
8.2. VAT and delivery costs: Prices will be as quoted on the Service. These prices include VAT but may exclude delivery costs (if you opt for delivery instead of collection) and any administration or service charge. These will be added to the total amount due where applicable.
8.3. Payment methods: Payment for orders must be made by an accepted credit or debit card through the Service.
8.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Partner Business at the time of delivery or collection as proof of identification and so that they can check that the card corresponds with the receipt data for the order. Please note that from time to time, depending on your bank, there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
8.5. Prices can also change at any time at the discretion of the Partner Business.
8.6. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services.
9. Content
9.1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are solely responsible for the Content that you post to the Service, including its legality, reliability and appropriateness.
9.2. By posting Content to the Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and licence to use, modify, publicly perform, publicly display, reproduce, create derivative works from and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this licence includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
9.3. You represent and warrant that: (i) the Content is yours or you have the right to use it and grant us the rights and licence as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyright, contract rights, intellectual property rights or any other rights of any person.
9.4. We may, in our sole discretion, remove any Content in breach of the Terms or which is otherwise objectionable. By using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content made available via the Service. You shall bear all risks associated with the use of any Content available via the Service, including any reliance on its accuracy, completeness, or usefulness.
9.5. As between you and us, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content.
10. Conduct
10.1. If you are an app user this Service is made available to you for your personal use only, in which case you may not use the Service for commercial purposes.
10.2. If you are a business subscribing to our services (“Partner Business”) this service is solely for the use of your company. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any part of the Service. You may not, and you may not assist or encourage any other party to, engage in any of the following:
  • Reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Service or any part thereof;
  • Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Service or any third party’s networks, equipment, applications, services or websites; (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyright, patents, trademarks, trade secrets or other proprietary information (including unauthorised use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations;
  • Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, accounts or networks of any other party;
  • Avoiding payment of charges or fees payable by you with respect to the Service;
  • Collecting or harvesting any personally identifiable information, including account names and information about users of the Service, from the Service; or
  • Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offence or give rise to civil liability.
10.3. You agree that you are responsible for any charges in connection with sending of communications via your device which relate to the Service.
10.4. You represent and warrant that: (i) you are authorised to create your account, whether individually or on behalf of an organisation; (ii) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licences set forth in these Terms; (iii) the posting and use of your Content on or through the Service does not and will not violate, misappropriate or infringe on the rights of any third party including, without limitation, privacy rights, publicity rights, copyright, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service.
10.5. You acknowledge, consent and agree that we may access, preserve and disclose your member data, payment method information (to the extent we have access to it) and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any law; (b) enforce the Terms; (c) respond to claims that any Content violates third party rights; (d) respond to a request from you; or (e) protect our rights, property or personal safety, members and any third party. Subject to the foregoing, we will use reasonable efforts to maintain the confidentiality of your member data and payment method information.
11. Copyright Policy
11.1. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property of any person.
11.2. You or any third party may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your or its copyright.
12. Intellectual Property
12.1. The Service and its original content (excluding Content provided by users and/or Partner Businesses), features and functionality are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of the United Kingdom and Scotland. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
13. Links to Other Web Sites
13.1. We do not assume any responsibility whatsoever for the content, privacy policies, or practices of any third party web sites or services which may be accessed via the Service. We are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available through such web sites or services.

13.2 Linking permission: You may link to our website’s homepage https://getzz.co.uk, provided that:

  • 13.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
  • 13.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
  • 13.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular sections 9, 11, 12 above);
  • 13.2.4. we have the right to withdraw linking permission at any time and for any reason.
14. Termination
14.1.We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation where you breach the Terms.
14.2. Upon termination, your right to use the Service will immediately cease.
14.3. Reasons for such termination include, but are not limited to, (a) breach or violation of the Terms or other incorporated agreements, policies or guidelines, (b) request by law enforcement or any other government agency, (c) request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues, (f) extended periods of inactivity by you, and/or (g) non-payment of any fees owed by you in connection with the Service. You agree that termination of your account or access to the Service shall be made at our sole discretion and that we shall not be liable to you or any third party for termination of your account or access to the Service.
14.4. The following sections of the Terms shall survive termination of your account and/or the Terms: Content, Copyright Policy, Intellectual Property, Limitation of Liability, Disclaimer and Governing Law.
15. Limitation of Liability
15.1. In no event shall we be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party available via the Service; and (iii) unauthorised access, use or alteration of your transmissions or Content.
15.2. We do not exclude or limit in any way our liability for:
  • death or personal injury; or
  • fraud or fraudulent misrepresentation.
15.3. Our maximum aggregate liability under or in connection with this Agreement, whether in contract, delict (including negligence) or otherwise, shall in all circumstances be limited to the sum of £100 (one hundred pounds) during the year in which the said liability arises.
15.4. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
15.5. You agree to indemnify us against all claims, loss or damage which we sustain or are likely to sustain as a consequence of your breach of the Agreement.
16. Disclaimer
16.1. Your use of the Service is at your sole risk. The Service is provided on an “as is” basis. To the extent permitted under Scots law the Service is provided without warranties of any kind, whether express or implied.
16.2. We do not warrant that (a) the Service will function uninterrupted, securely or available at any particular time or location; (b) the Service is error free or that any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements or expectations.
16.3. Partner Business actions and omissions:  The legal contract for the supply and purchase of Products is between you and the Partner Business that you place your order with. We have no control over the actions or omissions of any Partner Business. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Service:
  • 16.3.1. We do not give any undertaking that the Products ordered from any Partner Business through the Service will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
  • 16.3.2. If you fail to provide proof of age for purchases of alcohol, cigarettes or other smoking products when required, due to weather conditions or for any other reason.
  • 16.3.3. Partner Business will not be obliged to deliver an order to an address outside of their set delivery radius, which may change from time to time.
  • 11.3.4. The foregoing disclaimers do not affect your statutory rights against any Partner Business.
16.4. Service information: While we try to ensure that information on the Service is correct, we do not promise it is accurate or complete. We may make changes to the material on the Service, or to the functionality. Products and prices described on it, can be changed by the Partner Business at any time without notice. The material on the Service may be out of date, and we make no commitment to update that material.
17. Warning on use of Service
17.1. No driver of a vehicle should attempt to operate the Service while driving or when the engine is running.
18. Governing Law and Jurisdiction
18.1. These Terms shall be governed and construed in accordance with the laws of Scotland, without regard to conflict of law provisions. You and we hereby submit to the exclusive jurisdiction of the Scottish courts as regards any claims or matters arising hereunder.
19. Changes
19.1. We reserve the right, at our sole discretion, to alter or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
19.2. By continuing to access or use the Service after the Terms have been altered or replaced, you agree to be bound by the revised Terms. You are free to stop using the Service if you do not agree to the new Terms.
Contact Us

If you have any questions about these Terms, please contact us at info@getzz.co.uk.

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