1.1 Via the UseYourLocal web site, individual users of the UseYourLocal service will be able to send letters and parcels to other individuals care of a pub or outlet local to the intended recipient that is participating in the UseYourLocal scheme (“Participating Outlets”).
1.2 We will from time to time provide retailers with a list of Participating Outlets and those retailers will be entitled to offer their customers, at the point of order, the option to have goods purchased delivered to a Participating Outlet.
1.3 As a Participating Outlet in the UseYourLocal scheme, you agree to take deliveries on behalf of your customers (whether via the consumer to consumer service or the retailer service) on these terms and conditions, and to store the goods securely until the customer collects them.
2.1 As a Participating Outlet, you will:
(a) provide us with details of the times of day when you are able to accept deliveries from your customers, and whether there are any special delivery instructions relating to your outlet (e.g. all deliveries to the back door);
(b) accept deliveries on behalf of customers, providing a signature as proof of delivery if required by the courier;
(c) store deliveries received in a secure area to which the public do not have access and that minimises the potential for damage or contamination of the parcels;
(d) register the arrival of deliveries with UseYourLocal by the end of each day (in such form as may be agreed by us from time to time, e.g. by telephone or via our website), so we may contact the customer and advise them the delivery is available for collection from your outlet;
(e) make the parcels available for collection by customers during your normal opening hours, only on production of satisfactory evidence of identity (unless the individual is known to you) and obtain the customer’s signature on the parcel acceptance form (provided to you by UseYourLocal and which you agree to retain for a minimum period of 21 days) then to log the collection of the parcel on the UseYourLocal site;
(f) in using our web-site be bound by and adhere to the legal notice and terms and conditions governing the use of our web-site; and
(g) contact UseYourLocal via the www.useyourlocal.com website in the event that a parcel has not been collected by the intended recipient within a period of 21 days.
2.2 You will not be liable for damage or loss to goods delivered to you unless such loss or damage is caused by your negligence or breach of these terms and conditions whilst they are in your possession, in which case your maximum liability is the lower of:
(i) the cost of the repair or replacement of those goods; or
(ii) £300 sterling.
3.1 We will:
(a) list your outlet as a Participating Outlet with retailers signed up to the UseYourLocal service, and all consumers and visitors to our site will be able to view your homepage within our site (see 5.1 below);
(b) ensure that retailers and users of the UseYourLocal service are aware of the times of day you are available to accept deliveries on behalf of customers and any special delivery instructions;
(c) use our reasonable endeavours to ensure retailers do not use the UseYourLocal service to send any parcels that are larger or heavier than standard aircraft hand baggage, or any dangerous or offensive goods or materials, or any prohibited materials (as defined below);
(d) use our reasonable endeavours to ensure retailers do not use your address for any direct marketing materials;
(e) allow you to use our UseYourLocal logo and URL in marketing (with our prior approval); and
(f) provide you with a home page within our site onto which you can, subject to the restrictions in clause 5, upload information and details of your outlet.
3.2 We want our site to be as accurate and active as possible. Therefore, if a Participating Outlet does not log into their account for a period of 30 consecutive days, their account will automatically deselect the option to receive parcels. In order to reactivate this service, the Participating Outlet must log in to their account and refresh their details.
4.1 As a Participating Outlet you will be entitled to have your own home page on our UseYourLocal website onto which you can upload information about, including up to 3 photographs of, your Participating Outlet. You will also be able to contact (via e-mail) individual users of the UseYourLocal service who have registered your Participating Outlet as their 'local', provided they have consented to receive such communications.
4.2 You warrant that all information you put on this home page or in any communications to UseYourLocal users will be accurate, truthful and you will not:
(i) submit 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;
(ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, defamatory, threatening, indecent, seditious, offensive, abusive, pornographic, harassing, hateful, discriminatory, scandalous, inflammatory, blasphemous, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) submit material that could promote the excessive, irresponsible or underage consumption of alcohol; or
(v) submit material which is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(vi) submit material which breaches the UK Code of Non Broadcast Advertising, Sales Promotion and Direct Marketing.
4.3 We reserve the right to take down with immediate effect any information on your home page which we believe to be in breach of this clause, or to withdraw your home page altogether, or to terminate this Agreement.
4.4 You will solely be responsible for all information you upload to your home page on useyourlocal.com, or any communications you send to other UseYourLocal users.
5.1 The UseYourLocal site contains material which is owned by UseYourLocal Limited or its licensors and is protected by international copyright, trade mark and other intellectual property laws. Unless otherwise agreed under clause 3.1 (e) above, 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.
6.1 We shall not be responsible or liable in any manner for any user content, applications or software that may be posted on useyourlocal.com (and useyourlocal.co.uk) 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.
7.1 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.
8.1 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.
9.1 To participate in the UseYourLocal scheme and be listed as a Participating Outlet you must pay an annual fee of £100.00 plus VAT. We must receive payment in full in advance before you will be listed as a Participating Outlet in the scheme. Payment can be made direct to UseYourLocal by credit card, or via an existing trading account you may have with Heineken UK Limited (where Heineken UK Limited will collect payment on our behalf and remit it to us). Heineken UK Limited will send you a point of sale kit comprising 2 window stickers, 10 x A5 tent cards and 250 [personalised] business cards.
10.1 We reserve the right to alter these terms and conditions generally or for any particular class of service or customer. We will use our reasonable endeavours to give at least one week's notice of alteration.
11.1 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.
12.1 You and 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.
You and we will contact an individual unless that person has given permission your or us do to so.
13.1 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). You shall be entitled to terminate this agreement at any time by contacting us through the 'contact' page on the useyourlocal.com web site. You will not be entitled to any refund on termination of this agreement.
14.1 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.
15.1 If you have any queries about the UseYourLocal service, please contact us through the www.useyourlocal.com web site.
Registered in Scotland, Registered Number SC349564
Registered Office: 3-4 Broadway Park, South Gyle, Edinburgh, EH12 9JZ.
Tel: +44 (0) 1506 471220
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).
These terms and conditions were last modified in May 2013.