Consumer - Terms and Conditions of use

In addition to the site Terms and Conditions and Privacy Policy, these terms and conditions set out the terms on which we, UseYourLocal Limited (“UseYourLocal”) allow you to use, and make available to you, our UseYourLocal service and web site. By signing up and registering to use the UseYourLocal service and web site you agree to abide by these conditions, and acknowledge that if you are in breach of these conditions we may withdraw the service from you immediately.

PART A – the UseYourLocal parcel service

1. The Service

1.1 Through the UseYourLocal parcel service you will be able to send letters and parcels using your normal delivery methods (any main postal service or courier) to anyone in mainland Great Britain care of the recipient's local pub (where it has registered with UseYourLocal). Similarly you can use the UseYourLocal parcel service to arrange for a retailer from whom you have ordered and purchased goods (for example: Amazon, Boden etc.) to deliver such goods to anyone in mainland Great Britain care of the recipient's local pub (where it has registered with UseYourLocal). Pubs and outlets which participate in the UseYourLocal parcel service ("Participating Outlets") are shown and updated regularly on our website.

1.2 Through our unique website, you can use our powerful search tool to find pubs local to your intended recipient, or if the recipient is a registered user's with UseYourLocal, you can see his/her favourite and local pubs.

1.3 You can then select the Participating Outlet closest or most convenient for the intended recipient to collect the parcel from. Having selected the Participating Outlet, on entering the e-mail address of your intended recipient we will automatically produce parcel labels for you to download, print and affix to the parcel. You can then send the parcel using normal delivery methods (i.e. via postal or courier services).

1.4 You must be over the age of 18 in order to register with UseYourLocal, to use the UseYourLocal service and use the full site functionality.

1.5 When you sign up to UseYourLocal, you will be able nominate one or more of your favourite pubs as your local, and can choose whether or not to receive regular updates from that pub and share your information with other registered users who have nominate that pub as their local.

2. Participating Outlets

2.1 We will use all reasonable endeavours to ensure that Participating Outlets shown on our website will be available to accept deliveries from you. Some Participating Outlets may only be able to accept parcels within certain hours or may have specific delivery instructions (as shown on the website), and you agree not to tender any goods for delivery to a Participating Outlet outside these hours through your nominated courier/postal service.

2.2 Participating Outlets will sign for documents on behalf of you intended recipient to acknowledge receipt, however will have no responsibility for checking the condition of goods on arrival.

2.3 Participating Outlets will ensure all goods received under the UseYourLocal scheme are kept in appropriate conditions, in a secure place not accessible by the public pending collection by the recipient during that Participating Outlet’s regular opening hours.

3. Your Obligations

3.1 You agree that:

(a)when using the UseYourLocal service you will affix the to and from labels to the parcel or alternatively clearly replicate the data on the sample labels (both to and from) onto the parcel exactly;
(b)when using the UseYourLocal service to order direct from a retailer, you will ensure that the unique UseYourLocal reference code is prominently included on the delivery address details given to the retailer;
(c)you will ensure the items that you are mailing or having mailed are appropriately packaged, and that your parcel is no heavier or larger than the standard weight and size of aircraft hand luggage;
(d)you will not use the UseYourLocal service to send prohibited materials (as defined below);
(e)if your intended recipient does not collect the delivery made to a Participating Outlet within 21 days of receipt, it will be returned to you;
(f)you have obtained the necessary consent to give UseYourLocal the personal details of your intended recipient (where an individual) including his/her e-mail address or mobile phone number and for UseYourLocal to contact them by e-mail to notify them that the parcel has arrived;
(g)your intended recipient will need to produce evidence of identity (e.g. a copy of the e-mail sent from UseYourLocal, a passport or photographic driver’s license) and sign for the goods in order to collect them from the Participating Outlet;
(h)
(i)you will ensure that any special delivery instructions stipulated by a Participating Outlet (e.g. to use the back door for deliveries) as may be set out on our web-site are passed on to your courier and to use reasonable endeavours to procure that your courier adheres to these instructions; and
(j)in using our web-site you will be bound by and adhere to the legal notice and terms and conditions governing the use of our web-site.

3.2 The following materials are “prohibited materials” for the purposes of the UseYourLocal service:
Aerosols, Alcoholic liquids, Butane lighters filled or refills, Clinical and medical waste, Corrosive substances, Counterfeit currency, bank notes and postage stamps, Drugs, Dry Ice, Environmental Waste, Explosives, Flammable liquids or solids, Gases, Indecent, obscene or offensive material, Living creatures, Magnetised material, Matches of any kind, Oxidising substances and organic peroxide, Pathogens, Perfumes and Aftershaves (if flammable), Poisonous (toxic) and infectious substances, Pesticides, Radioactive materials, Sharp Instruments, Solvent-Based Paints and Inks, UN2814 or UN2900 Infectious Substances, or Water-Based Paints and Inks, parcels exceeding 56x45x25cm (22x17.5x9.85in) or 23kg in weight (i.e. the standard size for aircraft hand baggage).

4. Our obligations

4.1 We will, via our web site, provide you draft delivery labels which you can download, print and affix to your parcel and a unique tracking reference number that will enable you to track whether the Participating Outlet has received your delivery and whether the intended recipient has collected it, or alternatively provide you with a unique reference code to include with the delivery details where ordering directly from a retailer.

4.2 We will use our best endeavours to ensure Participating Outlets comply with the conditions of participating in the UseYourLocal scheme.

4.3 We will contact you and your intended recipient by e-mail to confirm that the delivery has been received by the Participating Outlet and is available for collection, and we will contact you by e-mail to confirm that the parcel has been collected by the intended recipient. We agree that we will not contact the intended recipient using these details for any other purposes without their prior consent.

4.4 We will make arrangements with Participating Outlets to return any parcels which are not collected within 21 days from the date of receipt and we will notify you if this is the case.

5. Price

5.1 There is no cost to you for using the UseYourLocal parcel service.

6. Liability

6.1 We shall have no liability to you whatsoever in relation to goods tracked or delivered under the UseYourLocal scheme. However, should your parcel be lost, damaged, destroyed or stolen following receipt by a Participating Outlets (i.e. there is a signed delivery proof of receipt) as a result of the negligence or breach by the Participating Outlet of its obligations under the UseYourLocal Participating Outlet's terms and conditions, then we will reimburse you up to the lower of:

(a) the cost of replacing the parcel where destroyed or damaged beyond repair;
(b) the cost or repairing the damaged goods; or
(c) £300 sterling.

If your parcel is not collected within 21 days of the date of receipt by the Participating Outlet we will liaise with the Participating Outlet to arrange for the parcel to be returned, and we nor the Participating Outlets shall have no further liability whatsoever in relation to the Parcel.

Some of the content on the UseYourLocal web-site relating to Participating Outlets may have been uploaded by the Participating Outlets themselves and UseYourLocal cannot and will not guarantee the accuracy of such information. Users of our web-site should satisfy themselves of the accuracy of such information before relying on it.

PART B – UseYourLocal site

7.The Site

7.1 The UseYourLocal site gives you the opportunity to register your nearest or favourite pub(s) as your 'local', and also (if you choose to do so), share details about yourself, receive regular updates from your chosen local(s) and view other users' details. Where you have elected to use this service, we will provide you with your own dedicated profile on which you will be able to upload one photo, add and share text about yourself including links to your other favourite sites. As a registered user, you will be able to upload news items onto your local pub's home page (which your Participating Outlet can remove at its discretion). You will also be able to rate a pub or drink using ScoreYourLocal. We will abide by the privacy policy set out in our site terms and conditions (which are incorporated into this agreement by reference 3.1 (i) above) according to how you have chosen to tailor your UseYourLocal user profile.

PART C - General

8. Warranties

8.1 You warrant that all information you add to UseYourLocal.com will be accurate, truthful and you will not submit:
(a) any material that is copyrighted or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner to post the material;
(b) any Submission that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(c) content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offence, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law;
(e) content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Use Your Local;
(f) unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, or solicitations;
(g) content containing commercial activities and/or sales without our prior written consent;
(h) private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses;
(i) viruses, corrupted data or other harmful, disruptive or destructive files;
(j) content that is unrelated to the topic of the web site area(s) in which such content is posted; or
(k) content or links to content that, in the sole judgment of UseYourLocal, may expose UseYourLocal or its affiliates or its users to any harm or liability of any type.
8.2 We reserve the right to take down with immediate effect any information on your profile which we believe to be in breach of this clause, or to withdraw your home page altogether, or to terminate this Agreement and your access to the UseYourLocal service and site.
8.3 You will solely be responsible for all information you upload to your profile on useyourlocal.com.
8.4 Registered users and visitors to UseYourLocal will have the opportunity to post comments, opinions, information, photos, videos, reviews or the like, including any pub reviews through ScoreYourLocal, (collectively, “Submissions”) onto our web site. We appreciate hearing from you. Please be aware that by submitting content to UseYourLocal, you are granting a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right, to and in any such Submissions exclusively to UseYourLocal which (other than any personal data) it may use at its absolute discretion. This includes, but is not limited to, sharing Submissions with brand owners and/or Participating Outlets on an anonymous basis and using such Submissions throughout the world in any media, now known or hereafter devised.

9. Intellectual Property

9.1 The UseYourLocal site contains material which is owned by UseYourLocal Limited and is protected by international copyright, trade mark and other intellectual property laws. No permission is given by UseYourLocal Limited in respect of the reproduction or use for commercial purposes of any brand names, product names, designs and other materials shown in which intellectual property rights subsist. You are only entitled to copy electronically and print hard copy portions of the website for the sole purpose of viewing and purchasing products and services of UseYourLocal Limited.

10. Disclaimer

10.1 We shall not be responsible or liable in any manner for any user content, applications or software that may be posted on useyourlocal.com web site by users of the site or third parties. Our site and service may be temporarily unavailable from time to time for maintenance or other reasons. We shall not be responsible or liable for any error, omission, interruption, deletion or defect of the site, nor for any loss or damage to user content, hardware or software in relation to the site. We hereby disclaim any and all express or implied representations and warranties, including warranties of title and fitness for purpose. We reserve the right to change any and all content, software and applications used or contained in the site at and services at any time without notice. Reference to any products, services, by trade name, trademark, manufacturer, supplier or otherwise in the site does not constitute or imply and endorsement, sponsorship or recommendation or affiliation of any company unless otherwise expressly stated by UseYourLocal.


11. Liability

11.1 UseYourLocal Limited, its directors, employees or agents shall not be liable to you or any third person for any indirect, consequential losses, damages or expenses (including but not limited to loss of profits or data) arising from your use of the site, its contents, or any other materials accessed through or downloaded from the site even if UseYourLocal is aware or has been advised of the possibility of such losses, damages or expenses. Notwithstanding anything to the contrary, our liability to you for our breach of contract or negligence shall at all times be limited to any amount paid by you to us (if any) during the term of our relationship with you, and in any event our liability to you shall not exceed £1,000. Nothing in this clause shall limit our liability to you for death or personal injury caused by our negligence.

12. Indemnity

12.1 You agree to indemnify and hold us, our affiliates and each of their directors, officers, agents, contractors, partners and employees harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any content, applications, software or content you post or share through our site, your use of our site and service or any breach of this agreement or any law or rights of any third party.

13. Amendment

13.1 We reserve the right to alter these terms and conditions generally or for any particular class of service or customer at any time and without notice.

14. Severance

14.1 If any provision of these terms is held by any competent authority to be unenforceable (in whole or in part) it shall be deemed severable and the remaining provisions of these terms (and/ or the remainder of such provision) shall continue in full force and effect.

15. Data Protection

15.1 We will ensure all personal data held by us will be held and processed in accordance with the Data Protection Act 1998 and all relevant data processing laws.

16. Termination

16.1 We shall be entitled to terminate this agreement immediately and in full in the event of a material breach of these terms and conditions by you, or in the event of your insolvency, bankruptcy or the appointment of an administrator or administrative receiver (or analogous event).

17. Governing Law

17.1 These terms and conditions and the UseYourLocal service shall be governed by English law and you and we agree to submit to the exclusive jurisdiction of the English Courts.

18. Contact

If you have any queries about the UseYourLocal service, please contact us through the www.useyourlocal.com web site.

These terms and conditions were last modified May 2013.