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Terms and Conditions

The DelM8 App is operated by Delmate LTD, company number 12246809. These terms and conditions are up to date as of 20th February 2024. If you do not agree to them, you must not use this service, or any service provided via it. Use of the Delm8’s Services (as defined below) is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.

1.0 Introduction

1.1. These terms and conditions govern your use of The Service

1.2. For as long as The Company continues to offer the Service, it shall provide and seek to update, improve and expand it. As a result, the Company allows you to access the service as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms and Conditions. The Company may modify, replace, refuse access to, suspend or discontinue the service, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on Delm8 app or by direct communication to you unless otherwise noted. Your use of the Service following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.

1.3. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

 

2.0 Your use of this service

2.1 You are granted a limited licence to use the Service for your personal, non-commercial use, and must not use this service for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this service.

2.2. The Company advises that you seek professional advice before relying on any information on this service. Under no circumstances will the Company be liable in any way for any information it provides on the service or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

2.3. You represent and warrant to the Company that you are of legal age to form a binding contract. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

2.4. You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

 

3.0 Registration

3.1. You will need to register as a member if you wish to use the service.

3.2. To register as a member, you must provide the Company with information about you via the app’s registration form.

3.3. You must provide true, accurate, current, and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current, and complete. If any information provided by you is not true, accurate, current, and complete, the Company has the right to cancel your membership and refuse any and all current or future use of this service.

3.4. Registration requires a valid mobile telephone number (which will serve as your username), email address and unique password.

3.5 Upon registration you qualify for a 14-day free trial period. The Company reserves the right, in its absolute discretion, to determine your eligibility for a free trial, and to withdraw or to modify a free trial at any time without prior notice and without liability. If you purchase a subscription before the trial period is up, any unused portion of the free trial will be forfeited.

3.6. Any unauthorised use of your login details must be reported to us as soon as you become aware of such it, and the Company will, as soon as reasonably possible, cancel your user account.

3.7. The Company reserves the right to cancel your account without notice if the Company becomes aware of any breach of these Terms and Conditions by you.

 

4.0. Charges and Payments

4.1. Charges are linked to the price plan to which you subscribe to.

4.2. There are 2 available price plans, a rolling 30-day plan and a rolling annual subscription. The cost of each subscription will depend on your mobile phone platform.

4.2.1. Android: You can either choose a 30 days-rolling contract for £3.99 per user per month, or an annual subscription which costs £40.00 per user per year. Charges are expressed in GBP. Fair usage policy applies.

4.2.2. iPhone: You can either choose a 30 days-rolling contract for £4.99 per user per month, or an annual subscription which costs £49.99 per user per year. Charges are expressed in GBP. Fair usage policy applies.

4.3 When purchasing a subscription plan, you will be asked for payment in advance. If you are an Android user your payment will be processed via Google Play Store app (Google) and Apple users will have their payment processed by Apple Inc (Apple). You will be subject to Google or Apple’s terms and conditions, please familiarise yourself with the relevant terms based on your mobile phone’s platform.

4.4 In the event that the Company is unable at any time to obtain payment of any charges, the Company may freeze your account until it has received settlement in full.

4.5. Your subscription begins on the date and time on which you purchase it and continues until the end of the last day of validity. In order for this subscription to start on this date, you agree to waive your right to a cooling-off period as stated in the Consumer Rights Act (2015). Otherwise, please email us on info@delm8.co.uk to discuss your options.

4.6. It is fine to change your mind after your ORIGINAL purchase. The cooling-off period and subsequent refunds where applicable will depend on your chosen mobile phone platform (Google’s Android or Apple’s iPhone).

4.7. At the end of your subscription period your membership will automatically be renewed, and charges incurred in advance unless cancelled by the user at least 24 hours prior to the renewal date.

4.8. You may cancel your subscription membership at any time. The cancellation process will depend on your mobile phone platform and how you originally paid for the subscription in question.

4.8.1. For subscription purchased via Google Play, you will be able to cancel from the relevant Google Play account or directly from the ‘My Account’ section of the Delm8 app.

4.8.2. For subscriptions purchased via Apple, you will be able to cancel from your Apple subscriptions.

Please email us on info@delm8.co.uk if you face any issues or have queries on subscription cancellation.

5.0 Dealings with Third Parties

5.1. The Company is not an agent of any third party, or any party named or linked to this service (“Third Parties”) and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such Third Parties.

5.2. You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this service.

6.0 Intellectual Property

6.1. You acknowledge and agree that all content provided on the service, contained in sponsor advertisements or, presented to you by the Company, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

6.2. You acknowledge and agree that you are permitted to use the service, provided that you maintain all copyright and other notices contained in such Content.

7.0 Termination

7.1. Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this service and your membership if:

7.2. It does not receive timely payment under your subscription;

7.3 It reasonably believes that you have breached any of these Terms and Conditions;

7.4. It is unable to verify the accuracy or validity of any information provided by you;

7.5. Or it suspects fraudulent, abusive or illegal activity by you.

7.6. Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this service in any way, your only recourse is to immediately discontinue to access or use this service.

8.0 Warranty Disclaimer and Limitation of Liability

8.1. The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Services. The Services, Content and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.

8.2. In no event shall the Company or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the service or the services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of the fees paid by you for the services purchased through the service during the six-month period preceding the applicable claim; (ii) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond Company’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

8.3. The Company reserves the right to amend and alter these Terms and Conditions and any Content or information contained on the service at any time. In the event these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this service. Changes will apply from the date of posting.

8.4. If after the Terms and Conditions have been amended or altered you do not agree to their terms, you must stop using this service.

 

9.0 General

9.1. Whilst the Company will try to provide you with uninterrupted access to this service and its Services, The Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this service where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.

9.2. The Company reserves the right to withhold, remove and or discard any Content available as part of your account. The Company has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.

9.3. If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.

9.4. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforce-ability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.

9.5. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to the conflict of law’s provisions thereof. Both parties submit to the non-exclusive jurisdiction and venue in the United Kingdom

9.6. These Terms and Conditions set out the Company’s entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersedes all representations, communications, and prior agreements (written or oral).

9.7. Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.

9.8. Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.

9.9. You must report any violations of these Terms and Conditions to info@delm8.co.uk

Privacy Policy

We at Delmate Limited are committed to your privacy rights and the security of your data. Please read through this section to understand the information we hold about you, how we use it and also how we deal with data deletion and retention. If you have any queries regarding our privacy policy please get in touch with us via email on info@delm8.com.
For the purposes of this document ‘We, Us or DelM8’ means Delmate Limited, ‘You’ means the user and ‘the app’ means Delm8 app.

1. The information we collect from you;

We will directly ask you to voluntarily provide us with the following information about you and your device, this information will strictly be used for the purposes of operating Delm8 app. Failure to provide the information requested below may result in Delm8 app not being able to provide the intended service(s).

2. Personal information

Delm8 mobile app requires your personal information for it to operate effectively, we will voluntarily ask for your name, email address and mobile phone number the first time you sign up.

3. Device specific information

Delm8 app requires your device’s geo-location only while using Delm8 so we can provide you with location-based services, and permission to send you push notifications to help with the operation of the app. Delm8 does not record this information.

You are in control and can update the device specific permissions from within your device’s settings menu if you change your mind. In addition, we will safely keep your information for as long as we need it to deliver on the services of Delm8 app.

4. Children under 17 years

Delm8 app is not targeted at children under 17 years of age and does not knowingly collect personal information from them. If you are under 17 years, please do not provide us with your information.

5. Processing and sharing Information:

We will only process your information to deliver advertised services and, only share your information with authorities to comply with applicable laws or for the prevention of fraud or as evidence of litigation.

In case our business acquires another business or is acquired by, or partners with other entities, we may share your information with the parties concerned in connection with or during such transactions.

6. Transfer of data across borders

Your data will be saved in our UK based servers, but we reserve the rights to transfer them abroad in line with future changes within our business. If such a change occurs, we will take all necessary precautions to protect your personal information according to the law.

EEA citizens should note that these foreign jurisdictions may not necessarily have comprehensive data protection laws at par with your own countries

7. Google Maps:

We use Google maps APIs to deliver our services, however, we do not share your information with them. You can access Google maps’ terms and conditions by clicking on this link https://cloud.google.com/maps-platform/terms/

8. Cookies and Tracking

We do not use cookies and do not track you.

9. Data Deletion and Retention

You have a right to request for your information to be deleted from Delm8 app. To request for your data to be deleted please fill the relevant form found in the FAQ section of Delm8.com or directly from Delm8 app. Upon receipt of your request, we will delete your name from our database within 4 weeks, but we will have to keep your email address and mobile phone number for a further 12 months for fraud prevention.

10. Updates to this privacy policy:

We will continue to update this privacy policy.

11. IOS Subscriptions

Subscription automatically renews unless auto-renew is turned off at least 24h before current period ends.

Payment is charged to your iTunes Account.

To cancel please go to Manage subscriptions and turn off auto-renewal in Account Settings.

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