Terms of Supply
1. THESE TERMS
1.1 These are the terms and conditions which shall govern Our supply of Products to You, whether these are Goods, Services or Digital Content. Please read these terms carefully before You submit Your order to Us. These terms tell You who We are, how We will provide Products to You, how You and We may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake in these terms, please contact Us to discuss.
2. DEFINITIONS & INTERPRETATIONS
2.1 The following definitions apply to these Terms:
“Basic Service” means the basic functionality required to remotely monitor and control the Goods installed at Your property further details of which are described on Our website as apply at the date of Your order.
“Digital Content” means the digital content made available to You via the iParcelBox App.
“Goods” means the physical Goods which can be purchased from iParcelBox Ltd.
“iParcelBox App” means the mobile application (including any updates or upgrades) made available by iParcelBox Ltd. for download from the iOS App Store or Google Play, through which the Services are delivered.
“Monthly Fee” means the monthly subscription fee payable in consideration for receiving Our Premium Service. The Monthly Fee shall be published on Our website and may be updated by Us from time to time.
“Premium Service” means the paid for subscription-based service which provides added functionality over and above Our Basic Service further details of which are described on Our website as apply at the date of Your order.
“Pre-Order” means an order for Goods which are advised as not yet being available for dispatch at the time of order, but for which an order can be placed by You for dispatch at a later date.
“Products” means the Goods, Services and Digital Content.
“Services” means Our Basic Service and/or Our Premium Service, as the context requires.
“Standard Order” means an order for Goods which are advised as being available for dispatch at the point of order.
“We”, “Us” and “Our” means iParcelBox Ltd.
“Writing” When We use the words “writing” or “written” in these terms, this includes emails.
“You” and “Your” means a customer of iParcelBox Ltd.
3. INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 Who are We:
We are iParcelBox Ltd. a company registered in England and Wales. Our company registration number is 11622993 and Our registered office is 73 Cornhill, London, EC3V 3QQ. Our registered VAT number is GB314127736.
3.2 How to contact Us:
You can contact Us by telephoning Our customer support team on the number or emailing us at the address on Our website or by writing to Us at iParcelBox, 73 Cornhill, London EC3V 3QQ.
3.3 How We may contact You:
If We have to contact You We will do so by telephone or by writing to You at the email address or postal address You provided to Us in Your order.
4. OUR CONTRACT WITH YOU
4.1 How We will accept Your order:
Our acceptance of Your order will take place whenWe email You to accept it, at which point a contract will come into existence between You and Us.
4.2 If We cannot accept Your order:
If We are unable to accept Your order, We will inform You of this in writing and will not charge You for the Products. This might be because the Goods are out of stock, because of unexpected limits on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the Goods and/or Services or because We are unable to meet a delivery deadline You have specified.
4.3 Your order number:
We will assign an order number to Your order and tell You what it is when We accept Your order. It will help Us if You can tell Us the order number whenever You contact Us about Your order.
4.4 We only sell Our Products within the UK:
Our website is solely for the promotion of Our Products in the UK. Unfortunately, we do not deliver to addresses outside of the UK mainland.
5. PRICING AND PAYMENT
5.1 Where to find the price for the Goods:
The price of the Goods (which includes VAT) will be the price indicated on Our website when You place Your order. We take all reasonable care to ensure that the price of Our Goods and Services are accurate at the time they are published on Our website. We may change the prices of Our Goods and Services, including any promotional offers made available by Us at any time but this shall not affect the price of the Goods ordered by You and accepted by Us prior to any price changes.
5.2 We will pass on changes in the rate of VAT:
If the rate of VAT changes between Your order date and the date We supply the Products, We will adjust the rate of VAT that You pay, unless You have already paid for the Products in full before the change in the rate of VAT takes effect.
5.3 What happens if We got the price wrong:
It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the Good’s correct price at Your order date is less than Our stated price at Your order date, We will charge the lower amount. If the Good’s correct price at Your order date is higher than the price stated to You, We will contact You for Your instructions before We accept Your order. You will be given the opportunity to either cancel Your order or purchase the Products at the correct price. We shall not process Your order until We have heard from You. If You do not let Us know how You wish to proceed within 14 days of Our notification to You, We shall treat this as Your instruction to cancel the order. If You have already paid for the Products, We shall refund the amount paid by You in respect of the Products which have not been supplied.
5.4 When You must pay and how You must pay:
We accept all major credit cards for payment on Our website. Payment for the Products and related delivery charges must always be made in advance and You will be prompted to make payment during the order process.
For Pre-Orders, You will be prompted to make an initial payment during the order process, and the balance of Payment for the Products and related delivery charges must be made when the Goods are available for dispatch. Should we be unable to take payment using the card details you provided during the order process, we will contact you to arrange payment prior to delivering the Goods to You.
6. VARIATIONS AND AVAILABLITY
6.1 Goods may vary slightly from their pictures:
The images of the Goods on Our website are for illustrative purposes only. Although We take reasonable care to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
6.2 Packaging of the Goods may vary:
The description and/or images of packaging are for illustrative purposes only; the actual packaging of the Goods may vary from that shown on Our website.
All Goods are subject to availability, We do not represent or warrant that the Goods will be available. If We are unable to accept Your order, due to the Goods being out of stock, We will inform You of this in writing and You will not be charged for the Goods. If You have already paid for the Goods, We shall refund the amount paid by You in respect of the Goods which have not been supplied.
7.1 Delivery costs:
The costs of delivering the Goods will be as displayed to You on Our website at the time You place Your order.
7.2 When We will provide the Goods:
We will deliver the Goods to You as soon as reasonably possible and in any event within 30 days after the date on which they become available for dispatch. Where we make pre-orders available, we will provide an indication of the date we expect the product to be available for dispatch on Our Website. We may amend the date that the product becomes available for dispatch at our complete discretion.
7.2.2 Standard Orders:
We will deliver the Goods to You as soon as reasonably possible and in any event within 30 days after the date on which We accept Your order.
7.3 We are not responsible for delays outside Our control:
If Our supply of the Goods is delayed by an event outside Our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event but, if there is a risk of substantial delay You may contact Us to end the contract and receive a refund for any Goods You have paid for but not received.
7.4 If You are not at home when the Goods are delivered:
If no one is available at Your address to take delivery, We will leave You a note informing You of how to rearrange delivery or collect the Goods from a local depot.
7.5 If You do not re-arrange delivery:
If, after a failed delivery to You, You do not re-arrange delivery or collect the Goods from a delivery depot We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact You or re-arrange delivery or collection We may end the contract and Clause 24.2 will apply.
7.6 Your legal rights if We deliver the Goods late:
Subject to Clause 7.2 and 7.3, if We fail to deliver the Goods within 30 days of Us accepting Your order You may treat the contract as at an end straight away.
7.7 Setting a new deadline for delivery:
If You do not wish to treat the contract as at an end straight away, You may agree with Us a new deadline for delivery, which must be reasonable, and You can treat the contract as at an end if We do not meet the new deadline.
7.8 Ending the contract for late delivery:
If You do choose to treat the contract as at an end for late delivery under Clause 7.6 or Clause 7.7, You can cancel Your order for any of the Goods or reject Goods that have been delivered. After that We will refund any sums You have paid to Us for the cancelled Goods and their delivery. If the Goods have been delivered to You, You must post them back to Us or (if they are not suitable for posting) allow Us to collect them from You. We will pay the costs of postage or collection. Please call or email customer support on the telephone number or at the email address provided on Our website for a return label or to arrange collection.
8. TITLE & RISK
8.1 When will You become responsible for the Goods:
The Goods will be Your responsibility from the time We deliver them to the address You have given to Us.
8.2 When will You own the Goods:
Ownership of the Goods will pass to You once We have received payment in full of all sums due (including any applicable delivery charges).
9.1 Who is responsible for installing the Goods:
Our Goods may require installation in order to meet the manufacturer’s specifications. It is Your responsibility to ensure that the Goods are properly installed. We shall not be held responsible for any loss or damage incurred during, or as a result of, the Goods not having been installed in accordance with the manufacturer’s instructions.
10. PRODUCT REQUIREMENTS
10.1 Our Goods require access to:
10.1.1 A continuous 12v DC power supply; and
10.1.2 A domestic wi-fi broadband connection with sufficient bandwidth.
10.2 In order to use Our Goods, You will also need to:
10.2.1 download the iParcelBox App to an IOS or Android device, such as a smartphone or tablet, with an up to date operating system and internet access; and
10.2.2 create a new iParcelBox account, if You do not already have one.
11. GOODS GUARANTEE
11.1 The Goods You purchase from Us are guaranteed for one year from the date that they are delivered to You. Subject to the General Exclusions in Clause 26.5, if the Goods develop a fault, during this one-year period, and such fault is attributed to Our faulty materials, workmanship or design, then We shall either repair, replace or refund (the whole or part of) the Goods free of charge.
11.2 This guarantee shall not affect Your statutory rights under the Consumer Rights Act 2015 or any replacement thereof. If You want independent advice regarding Your rights, You can contact Citizens Advice.
12. Service requirements:
When You purchase Goods from Us, You will be required to download the iParcelBox App to an IOS or Android device, such as a smartphone or tablet, in order to use the Goods and receive the associated Services.
13. Software terms:
Downloading and/or using the iParcelBox App shall not give You ownership of it; ownership of the iParcelBox App and all Digital Content shall remain the property of iParcelbox Ltd. and its licensors. You are permitted to use the iParcelBox App solely for the purpose of receiving the Services in accordance with these terms. You may not modify, decompile, disassemble or create derivative works of the iParcelBox App, whether in whole or in part, nor may You distribute, transfer or sub-licence any rights granted to You in relation to it under these terms.
14. Software updates:
From time to time, We may require You to install updates, upgrades, patches or other modifications to the iParcelBox App, which We have developed in order to improve the performance of the Goods, Services and/or the iParcelBox App, provided always that the iParcelBox App shall match the description of it that We provided to You before You downloaded it.
15. Service Maintenance:
From time to time, We may be required to carry out routine or emergency maintenance to Our website, the iParcelBox App and/or firmware contained within the Goods. We will try to inform You in advance but it may not always be possible to do so. We will use all reasonable efforts to minimise the impact that this has on Your ability to use the Services, however, the Services may be temporarily unavailable during this period.
16. Requirement to create an account:
When You download the iParcelBox App You will be required to create an iParcelBox account and select a username and password (these are Your “Login Details”). It is Your responsibility to keep Your Login Details secure and You should not share Your Login Details with anyone else. You will be responsible for any activity associated with Your iParcelBox account.
17. Our Basic Service:
We provide a Basic Service offering to all iParcelBox customers via the iParcelBox App free of charge. Our Basic Service will enable You to remotely monitor and unlock/control the Goods installed at Your property.
18. Free trial of Our Premium Service:
When You set-up Your iParcelBox account, You will be invited to enrol in a 12-month free trial of Our Premium Service. To receive Our Premium Service, You will need to provide Us with either Your credit or debit card details, which We shall keep on file. Our Premium Service provides additional functionality over and above that which is included as part of Our Basic Service offering. Click here to find out more about Our Premium Service.
19. Paid subscription:
19.1 Our Premium Service is a paid for subscription-based service. Unless You have cancelled Your Premium Service subscription before the end of the 12-month free trial period, Your Premium Service subscription shall automatically renew on a monthly basis and You authorise Us to process payment of the Monthly Fee, using the payment details You have provided to Us, until You cancel Your subscription.
19.2 If You have chosen not to enrol in Our free trial, You may still choose to subscribe to Our Premium Service via Your iParcelBox account and paying the Monthly Fee.As above, Your subscription to Our Premium Service shall automatically renew on a monthly basis until it is cancelled.
19.3 The Monthly Fee shall be billed or charged on the first day of the applicable subscription period.
19.4 Cancellation of Your Premium Service subscription:
You may cancel Your Premium Service subscription by contacting Us or through Your iParcelBox Account, at any time, with or without cause. After Your cancellation has been processed, You will continue to enjoy access to the Premium Service until the last day of Your current subscription period. After such subscription period ends the functionality provided as part of the Premium Service will no longer be available to You. This shall not affect Your ability to receive Our Basic Service.
20. Minor Changes to Our Services:
20.1 We may change Our Services:
20.1.1 to reflect changes in relevant laws and regulatory requirements; and
20.1.2 to implement minor technical adjustments and improvements;
these changes will not affect Your use of the Goods.
20.2 More significant changes to Our Services:
In addition to Clause 20.1, We may make other changes to Our Services, but if We do so We will notify You and You may then contact Us to end the contract before the changes take effect and receive a refund for any Goods or Services paid for but not received.
20.3 Temporary suspension of the Services
If We have temporarily suspended supply of the Services for technical reasons or notify You We are going to suspend them for technical reasons, in each case for a period of more than 48 consecutive hours, we will refund you a proportionate part of the Monthly Fee for the period of suspension of the Services.
21. OUR LEGAL RIGHTS IF YOU FAIL TO PAY FOR THE PREMIUM SERVICES
21.1 We may suspend Your access to Our Premium Service if You do not pay:
If you fail to make payment of the Monthly Fee or your payment is returned rejected or denied, We may suspend Your access to Our Premium Service until You have paid Us the outstanding amounts. During this periodWe will not charge You for the Premium Service which has been suspended, however, We may charge You interest on the overdue payments (see Clause 21.2). Our suspension of the Premium Service will not affect Your use of Our Basic Service offering.
21.2 We can charge interest if You pay late:
If You do not make any payment to Us when due We may charge interest to You on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank Plc. from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
21.3 What to do if You think an invoice is wrong:
If You think an invoice is wrong please contact Us promptly to let Us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved We will charge You interest on correctly invoiced sums from the original due date.
22. YOUR RIGHTS TO END THE CONTRACT
22.1 You can always end Your contract with Us:
Your rights when You end the contract will depend on what You have bought, whether there is anything wrong with it, how We are performing and when You decide to end the contract:
22.1.1 If a Product is faulty or mis-described You may have a legal right to end the contract (or, to get the Product repaired or replaced or, the Service re-performed or to get some or all of Your money back), see Clause 25;
22.1.2 If You want to end the contract because of something We have done or have told You We are going to do, see Clause 22.2;
22.1.3 If You have just changed Your mind about the Products, see Clause 22.3. You may be able to get a refund if You are within the cooling-off period, but this may be subject to deductions and You will have to pay the costs of return of any Goods;
22.1.4 In all other cases (if We are not at fault and there is no right to change Your mind), see Clause 22.5.
22.2 Ending the contract because of something We have done or are going to do:
If You are ending a contract for a reason set out at Clause 22.2.1 to 22.2.4 below the contract will end immediately and We will refund You in full for any Products which have not been provided and You may also be entitled to compensation. The reasons are:
22.2.1 We have told You about an upcoming change to the Products or these terms which You do not agree to;
22.2.2 We have told You about an error in the price or description of the Products You have ordered and You do not wish to proceed;
22.2.3 there is a risk that supply of the Products may be significantly delayed because of events outside Our control;or
22.2.4 You have a legal right to end the contract because of something We have done wrong (including because We have delivered late (see Clause 7.8).
22.3 Exercising Your right to change Your mind (Consumer Contracts Regulations 2013):
For most Products bought online You have a legal right to change Your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
22.4 How long do I have to change my mind:
How long You have depends on what You have ordered and how it is delivered:
22.4.1 In respect of Pre-Orders:
You can change your mind at any point after you place a Pre-Order until the Goods are delivered; and
22.4.2 For Goods Delivered:
You have 14 days after the day You (or someone You nominate) receives the Goods; and
22.4.2 In respect of the Premium Service:
You have 14 days after the day We email You to confirm We accept Your request to subscribe to Our Premium Service. If You cancel Your Premium Service subscription within this 14 day period but after We have granted You access to the Premium Service, You must pay Us for the Premium Services provided up until the time You tell Us that You have changed Your mind.
22.5 Ending the contract where We are not at fault and there is no right to change Your mind:
Even if We are not at fault and You do not have a right to change Your mind (see Clause 22.1), You can still end the contract before it is completed. A contract for Goods is completed when the Goods are delivered and paid for. A contract for Services is completed when We have finished providing the Services and You have paid for them. If You want to end the contract in these circumstances, just contact Us to let Us know. A contract for Our Premium Service will end on the last day of the subscription period during which You have contacted Us to cancel Your subscription. We will refund any advance payment You have made for Goods or Services which will not be provided to You. For example, if You tell Us You want to end Your subscription to Our Premium Service on 4 February but Your current subscription period does not end until 28 February, We will continue to supply the Premium Services until the 28February. We will only charge You for supplying the Premium Services up to the end of Your current subscription period. No further payments will be processed after this date.
23. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
23.1 Tell Us You want to end the contract:
To end the contract with Us, please let Us know by doing one of the following:
23.1.1 Phone or email. Call customer support on the number or email Us atthe address on Our website. Please provide Your name, home address, details of the order and, where available, Your phone number and email address.
23.1.2 Online. Either access your account via the iParcelbox App or on Our website.
23.1.3 By post. Write to Us at the address on Our Website, including details of what You bought, when You ordered or received it and Your name and address.
23.2 Returning Goods after ending the contract:
If You end the contract for any reason after Goods have been dispatched to You or You have received them, You must return them to Us. You must post them back to Us at the address on Our website or (if they are not suitable for posting) allow Us to collect them from You. Please call customer support on the number or email Us at the address on Our website for a return label or to arrange collection. If You are exercising Your right to change Your mind You must send off the Goods within 14 days of telling Us You wish to end the contract.
23.3 When We will pay the costs of return:
23.3.1 We will pay the costs of return:
188.8.131.52 if the Goods are faulty or misdescribed;
184.108.40.206 if You are ending the contract because We have told You of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside Our control or because You have a legal right to do so as a result of something We have done wrong.
23.3.2 In all other circumstances (including where You are exercising Your right to change Your mind) You must pay the costs of return.
23.4 What We charge for collection:
If You are responsible for the costs of return and We are collecting the Goods from You, We will charge You the direct cost to Us of collection. The costs of collection will be the same as Our charges for standard delivery, see Our Website.
23.5 How We will refund You:
We will refund You the price You paid for the Goods including delivery costs, by the method You used for payment. However, We may make deductions from the price, as described below.
23.6 Deductions from refunds if You are exercising Your right to change Your mind:
If You are exercising Your right to change Your mind:
23.6.1 We may reduce Your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by Your handling them in a way which would not be permitted in a shop. If We refund You the price paid before We are able to inspect the Goods and later discover You have handled them in an unacceptable way, You must pay Us an appropriate amount.
23.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of a Product within 3-5 days at one cost but You choose to have the Product delivered within 24 hours at a higher cost, then We will only refund what You would have paid for the cheaper delivery option.
23.6.3 With respect to Our Premium Service, We may deduct from any refund an amount for the supply of the Premium Service for the period for which it was supplied, ending with the time when You told Us You had changed Your mind. The amount will be in proportion to what has been supplied, in comparison with the full subscription period for which the Premium Services would otherwise have been provided.
23.7 When Your refund will be made:
We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then:
23.7.1 With respect to Goods which have been delivered to You and We have not offered to collect them, Your refund will be made within 14 days from the day on which We receive the Goods back from You or, if earlier, the day on which You provide Us with evidence that You have sent the Goods back to Us. For information about how to return a Product to Us, see clause 23.2.
23.7.2 In all other cases, Your refund will be made within 14 days of Your telling Us You have changed Your mind.
24. OUR RIGHTS TO END THE CONTRACT
24.1 We may end the contract if You breach these terms:
We may end the contract for Goods or Our Premium Service at any time by writing to You if:
24.1.1 You do not make any payment to Us when it is due and You still do not make payment within 14 days of Us reminding You that payment is due;
24.1.2 You do not, within a reasonable time, allow Us to deliver the Products to You or collect them from Us; or
24.1.3 You do not comply with any of the other obligations imposed upon You by these terms.
24.2 You must compensate Us if You break the contract:
If We end the contract in the situations set out in Clause 24.1 We will refund any money You have paid in advance for Products We have not provided but We may deduct or charge You reasonable compensation for the net costs We will incur as a result of Your breaking the contract.
24.3 We may withdraw the Premium Service:
We may write to You to let You know that We are going to stop providing Our Premium Service. We will let You know at least one month in advance of Our stopping the supply of the Premium Service and will refund any sums You have paid in advance for the Premium Service which will not be provided.
25. IF THERE IS A PROBLEM WITH OUR GOODS OR SERVICES
25.1 How to tell Us about problems:
If You have any questions or complaints about our Goods or Services, please contact Us. You can telephone Our customer support team on the number or write to Us at the address on Our website.
25.2 Summary of Your legal rights:
We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of Your key legal rights in relation to the Products. Nothing in these terms will affect Your legal rights.
|Summary of Your key legal rights|
This is a summary of Your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
In respect of the Goods, the Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Goods Your legal rights entitle You to the following:
- Up to 30 days: if Your Goods are faulty, then You can get an immediate refund.
- Up to six months: if Your Goods can’t be repaired or replaced, then You are entitled to a full refund, in most cases.
- Up to six years: if Your Goods do not last a reasonable length of time You may be entitled to have the Goods repaired or replaced, or, if the Goods cannot be repaired or replaced or such action is not appropriate in the circumstances, You may be entitled to some of Your money back.
In respect of the iParcelBox App, the Consumer Rights Act 2015 says that Digital Content must be as described, fit for purpose and of satisfactory quality:
- If the Digital Content is faulty, You are entitled to a repair or a replacement.
- If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, You can get some or all of Your money back.
- If You can show the fault has damaged Your device and We haven’t used reasonable care and skill, You may be entitled to a repair or compensation.
In respect of the Services, the Consumer Rights Act 2015 says that services must be carried out with reasonable care and skill:
- You can ask Us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if We can’t fix it.
- If You haven’t agreed a price beforehand, what You are asked to pay must be reasonable.
- If You haven’t agreed a time beforehand, it must be carried out within a reasonable time.
25.3 Your obligation to return rejected Goods:
If You wish to exercise Your legal rights to reject Goods You must post them back to Us or (if they are not suitable for posting) allow Us to collect them from You. We will pay the costs of postage or collection. Please call customer services on the number or email Us at the address for iParcelBox Customer Support, on Our website for a return label or to arrange collection.
26. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
26.1 Foreseeable loss and damage caused by Us:
If We fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen.
26.2 We do not exclude or limit in any way Our liability to You where it would be unlawful to do so:
This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights in relation to the Products as summarised at Clause 25.2.
26.3 Loss or damage caused by Our Digital Content:
If defective Digital Content which We have supplied damages a device or Digital Content belonging to You and this is caused by Our failure to use reasonable care and skill We will either repair the damage or pay You compensation. However, We will not be liable for damage which You could have avoided by following Our advice to apply an update offered to You free of charge or for damage which was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
26.4 We are not liable for business losses:
We only supply the Products for domestic and private use. You are not permitted to use the Products for any commercial purpose and We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity, if You use the Products in anyway which is contrary to this provision.
26.5 What are We not responsible for:
We are not responsible for any costs, loss or damage that You or anyone else suffers as a result of the following:
26.5.1 You or anyone else using the Products in a manner which is contrary to these Terms and Our instructions;
26.5.2 problems caused by Your or anyone else’s smartphone, computer, internet browser or internet connection;
26.5.3 You or anyone else exceeding the permitted data limit on Your or their broadband or mobile data packages;
26.5.4 unauthorised use of Your Products, for example if Your smartphone or Login Details are lost or stolen. If You believe that someone has gained unauthorised access to Your iParcelbox account You should change Your password immediately, either through the iParcelBox App or contacting Our Customer Service helpline;
26.5.5 use or misuse, by You or anyone else, of the data collected by the iParcelBox App;
26.5.6 any interruption to Your use of Our Products and Services as a result of any third party act or omission, product or service used in connection with the Products. For example, any interruptions caused by a loss of signal or internet access provided by Your internet or mobile service provider.
26.5.7 Your or anyone else’s failure to act as a result of receiving a notification from an iParcelBox Product;
26.5.8 something which is outside Our reasonable control; or
26.5.9 any accidental or deliberate damage to the Products caused by You or someone else.
27. HOW WE MAY USE YOUR PERSONAL INFORMATION
27.1 How We may use Your personal information:
28. OTHER IMPORTANT TERMS
28.1 We may transfer this agreement to someone else:
We may transfer Our rights and obligations under these terms to another organisation. We will contact You to let You know if We plan to do this. If You are unhappy with the transfer You may contact Us to end the contract.
28.2 Nobody else has any rights under this contract:
This contract is between You and Us. No other person shall have any rights to enforce any of its terms. Neither You nor We will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
28.3 If a court finds part of this contract illegal, the rest will continue in force:
Each of the Clauses contained within these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
28.4 Even if We delay in enforcing this contract, We can still enforce it later:
If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breach of these terms, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but We continue to provide the Goods, or Services, We can still require You to make the payment at a later date.
28.5 Which laws apply to this contract and where You may bring legal proceedings:
These terms are governed by English law and You can bring legal proceedings in respect of the Products in the English courts. If You live in Scotland You can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.