Terms Of Service

Please read these terms of service (“terms”, “terms of service”) carefully before using nearmedelivery.co.uk website (“the service”) operated by Near Me Delivery (“us”, “we”, “our”).

1. Conditions of Use

Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

  • You must not misuse the Website (including by hacking or scraping).
  • Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website is prohibited.
  • You must not modify the digital or paper copies of any materials that you print off and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
  • You must ensure that our status as the author of the material on the Website is always acknowledged.
  • You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

Limitation on use: Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

2. WEBSITE ACCESS

Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

3. LINKS TO AND FROM OTHER WEBSITES

Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

Linking permission: You may link to the Website's public non portal/private pages on nearmedelivery.co.uk, provided that:

  • you do so in a fair and legal way which does not damage or take advantage of our reputation;
  • 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;
  • any website from which you link must comply with the content standards set out in these Website Terms.
  • we have the right to withdraw linking permission at any time and for any reason.

4. DISCLAIMERS

Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.

Exclusion of terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).

5. LIABILITY

General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

Exclusion of liability: we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:

  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss

Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

6. TERMINATION

Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

  • you have used the Website in breach of section 1 (Conditions Of Use);
  • you have posted Reviews or other Visitor Material in breach of (Visitor Material and Reviews);
  • you have breached section 3 (Links to and from other websites);
  • you have breached any other material terms of these Website Terms;
  • there is misuse, unauthorised, fraudulent or otherwise suspicious activity taking place on your account; or
  • you have significantly or repeatedly breached our terms of service.

Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

7. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic.

We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

This condition does not affect your statutory rights.

8. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks; and
  • the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

9. ADDITIONAL TERMS

Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our privacy policy.

Other terms: You should also review our for information regarding how and why we use cookies to improve the quality of the Website and your use of it, All of these are incorporated into these Website Terms by this reference.

Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

10. GOVERNING LAW AND JURISDICTION

These Website Terms shall be governed by and construed in accordance with United Kingdom law. You can bring legal proceedings in respect of Website Terms in the united Kingdom courts. If you are in a part of any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the United Kingdom courts or the courts of your home country. As a consumer or business, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer or business to rely on such mandatory provisions of local law.

11. User Account

If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit or remove content and cancel orders at their sole discretion.

12. Copyright

Website is the exclusive property of Near Me Delivery, with copyright and branding ownership (data, files, images, texts and graphics). no user shall duplicate or make copies of any content located within our website or systems without prior written permission given by the company directors and/or shareholders.

If any breaches of copyright is found or reported we may seek our legal representatives to take action immediately.

Last Updated: 16/04/2024