AppyMaps Ltd Terms and Conditions
Terms and Conditions - Updated Version 15th April 2023
APPYMAPS (APPYMAPS LTD) – TERMS AND CONDITIONS
Welcome to AppyMaps
Welcome to website (www.appymaps.com – the “Website”, the “Site”). We have set out here our Terms and Conditions for the Site (T&Cs) . AppyMaps Ltd (“AppyMaps”, “we”, “us” or “our”) provides the services available on the Website. Your use of this Website is governed by the T&Cs set out below and by any other rules and T&Cs we post on our Website. By using any part of this Website, completing your customer registration with us, and/or placing an order on the Website, you agree to be bound by these T&Cs. We may modify these T&Cs at anytime and your continued use of this site following a change signifies your agreement to be bound by the modified T&Cs.
AppyMaps is the supplier of the goods. Our Company registration number is 12087139.
To be eligible to purchase goods on this Website, and to lawfully enter into and form contracts on this Website exclusively under English law, you must:
register to use the Website using our registration process. We may change the registration requirements from time to time. When we do we will let you know;
be the holder of a valid debit or credit card that you use to make purchases through this site.
warrant that the personal information you are required to provide when you register, and that you provide, is true, accurate, current, and complete in all respects. Please notify us immediately if your personal information changes by contacting our Customer Services department via e-mail to firstname.lastname@example.org .
not impersonate any other person or entity or use a false name or a name that you are not authorised to use, or attempt to mislead in any way.
This contract shall be concluded in English.
PLACING AND ACCEPTING ORDERS
You place an order request for goods from the Website by clicking on the ‘confirm order’ button at the conclusion of our on-line ordering process. You will be guided through this process by a series of simple instructions on the Website.
We will send to you an acknowledgement once you have placed your order. This will provide you with a payment reference and the value of your order debited to your credit/debit card. This is not an order confirmation or order acceptance from AppyMaps.
Unless we notify you that we do not accept your order or you cancel your order in accordance with the cancellation section of the Site prior to the dispatch of your order by suppliers, our acceptance of your order and the completion of the contract between you and us will take place when the goods ordered by you are dispatched. To cancel your order after it has been dispatched to you, you will need to follow the details in the Delivery and Returns section of the website.
If you require any information regarding your order(s) please contact Customer Services via email@example.com .
We may not accept your order if an item you have ordered is out of stock, or we are unable to obtain authorisation for your payment instructions or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email advising what has happened. Please see our Cancellation and Returns procedure set out below.
YOUR ACCOUNT WITH US
Your account can be cancelled at any time by contacting firstname.lastname@example.org.
We take all reasonable care to ensure all details, descriptions and prices of products shown on the Website are correct at the time the relevant information is entered onto our system. Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time, including product descriptions, may not always reflect the position exactly at the moment you place an order. We cannot therefore confirm the price of a product until your order is accepted in accordance with our order acceptance policy. (See above)
All prices shown for products are exclusive of delivery charges. The total cost of your order is the price of the products ordered plus delivery charges (as set out in the Delivery section of the Website). Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website.
You confirm that the credit or debit card that you use for any transaction with us is yours.
All credit and debit cardholders are subject to validation checks and authorisation by their card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery of any items you have ordered.
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Risk in the goods will pass to you on delivery to you.
We will deliver the goods in accordance with the delivery options applicable to each brand which are detailed during the order process and more information can be found here.
Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more delivery.
AppyMaps does not accept any liability whatsoever for delivery delays caused by any third party. As soon as you have received the goods, you will assume all risk in the goods. Upon delivery of the goods to you, we will also provide you with sufficient details to enable you to:
exercise your right of cancellation; and
address any intended cancellation or complaints to the correct place of business.
You must inspect the goods which are sent to you immediately upon receipt and you will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Delivery and Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
If you do not receive the entire order as set out in the order confirmation email sent to you when that order is received, please contact email@example.com.
CANCELLATIONS AND RETURNS
You may cancel your contract with us if you give the brands from which the products have been delivered notice by telephone or by email at any time before the expiry of a period set out for each brand. Full details on this timeline are laid out here.
Should you wish to cancel your order before it has been dispatched, please contact us via email on firstname.lastname@example.org. If your order has already been dispatched, please follow the procedure set out in the Delivery and Returns page.
Your statutory rights are not affected.
If you want to complain about anything in respect of the goods please contact email@example.com.
We attempt to be as accurate as possible when describing products on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colours, or other content available on the Website are accurate, complete, reliable, current, or error-free.
Personal use of Products and Services, including samples
Any products and services, and any samples thereof, we may provide to you are for personal use only. You may not sell or re-sell any of the products or services, and any samples thereof, you receive from us.
INTELLECTUAL PROPERTY AND CONTENT
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, photographs, sounds, music, audio clips, video, data compilations, software, HTML and all other code, and the compilation thereof (the “Content“) is at all times the property of, or vested in, AppyMaps , our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the “Trade Marks“) are the registered and unregistered marks of AppyMaps, our affiliates, our licensors or our partners, in the UK, and other countries, and are protected by UK and international trade mark laws. You are permitted to use the Content as expressly authorised by AppyMaps and/or its third party licensors. Any reproduction or distribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials and Content to any other server, location, or support for publication, reproduction, or distribution is expressly prohibited. Those who break these prohibitions will be prosecuted to the fullest extent possible under applicable law. All other Trade Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence section below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
AppyMaps does not warrant or represent that AppyMaps’s Content is accurate, error-free, or reliable or that your use of AppyMaps Content will not infringe rights of third parties. Your use of the Site is at your own risk. AppyMaps does not warrant that the functional aspects of the Site or AppyMaps’s Content will be error-free or that this Site, AppyMaps Content, or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or AppyMaps’s Content results in the need for servicing or replacing property, material, equipment, or data, AppyMaps is not responsible for those costs or any associated costs howsoever they may arise
Limits on the Licence we grant to you
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited licence set forth in this section does not include the right to:
modify or download the Website or its contents (except caching or as necessary to view content);
make any use of the Website or its Content other than personal use;
create any derivative work based upon either the Website or its Content;
collect account information for the benefit of another party;
use any meta tags or any other “hidden text” utilising our name or the Trade Marks without our express written consent; or
use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
link to, but not replicate, our Content;
not imply that we are endorsing such website or its services or products;
not misrepresent its relationship with us;
not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
not use any trade mark without express written permission; and
not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy provided by applicable law. We reserve the right to limit and/or deny your access to the site or to any part of the site or a temporary or permanent basis at anytime at our sole discretion and any decision to do so is final.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be liable for the loss of Content or material uploaded or transmitted through this Site.
You acknowledge that we cannot guarantee, and therefore shall not be in any way responsible for, the security and privacy of this Site and any information provided to or taken from this Site by you
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Linking by you to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
INQUIRIES, SUBMISSIONS, AND FEEDBACK
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
LIMITATIONS OF OUR LIABILITY
The Website is presented “as is” and “as available”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including, but not limited to, warranties of satisfactory quality, merchantability, non-infringement, fitness for a particular purpose, reasonable care or skill, or duty of care, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
interruption of business;
access delays or access interruptions to the Website;
data non-delivery, mis-delivery, corruption, destruction or other modification;
loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website;
computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
At our request you agree to defend, indemnify and hold AppyMaps, its officers, Directors, agents, affiliates, licensors, and suppliers harmless for any loss, liabilities, claims, expenses, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website, or the use by any other persons accessing this Site using your Internet account. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you under these T&Cs or otherwise.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any goods from AppyMaps shall be submitted to confidential arbitration in London, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this Section 20 shall apply.
If any provision of these T&Cs is held to be illegal, invalid or unenforceable in whole or in part, then these T&Cs shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these T&Cs by AppyMaps shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these T&Cs.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these T&Cs and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these T&Cs are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these T&Cs as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these T&Cs or created by your use of the Site shall be construed as creating any agency, partnership, employment relationship, or other form of joint enterprise between us. You acknowledge and agree that no such agency, partnership, employment relationship, or other form of joint enterprise exists between you and AppyMaps or between you and any of AppyMaps’s officers, Directors, agents, affiliates, licensors, and suppliers. You agree you will not hold yourself out as a representative, agent, or employee of AppyMaps, ad that we shall not be liable for any representation, act, or omission on your part.
We reserve the right to change these T&Cs at any time and we encourage you to revisit these T&Cs regularly to ensure that you are at all times fully aware of our T&Cs. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such T&Cs.
We may, with or without prior notice, terminate any of the rights granted by these T&Cs. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any goods from this Website whether or not such goods have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision or any T&Cs
If you have any questions regarding these T&Cs, please contact us by email to firstname.lastname@example.org
Your use of this Website and any purchase by you of any goods from AppyMaps shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.
Please only enter giveaways on our Instagram account if you are based in the UK. The giveaways will run from the time of feed post on the AppyMaps Instagram page to the next Sunday at midnight GMT time.
Winners will be picked randomly and announced on AppyMaps’s Instagram Stories, as well as being contacted within 24 hours of the competition closing.
To enable us to check that every entrant has followed the guidelines stated within the competition rules included in the feed post, your Instagram account must be public for at least 24 hours after the giveaway competition ends.
If for any reason the winner cannot be reached or does not claim the prize within 2 calendar days (being 48 hours) of notification, we reserve the right to withdraw the prize and pick a new winner.
The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.