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 30-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 30 days 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 use 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 which costs £3.99 per month per user or an annual subscription which costs £40.00 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 by Stripe.com and Apple users will have their payment processed by Apple Inc.

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 period begins on the date 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 will depend on your subscription package:

4.6.1. In the case of annual subscription, please email us on info@delm8.co.uk within 2 days for a refund request.

4.6.1. For monthly users, please email us on info@delm8.co.uk within 1 day of purchase for a refund request.

In both cases the amount of refund will be calculated pro-rata and the refund is subject to a 5% administration charge. Original purchase for the purposes of this document means when the user manually presses the renew/buy button.

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. The refund policy mentioned in clause 4.5 does not cover automatic renewals. Automatic renewals are non-refundable.

4.8. You may cancel your subscription membership at any time via the ‘My Account’ menu in the app or by emailing info@delm8.co.uk

 

 

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