Part 1 of these Terms sets out your and our general responsibilities in relation to the Services.
Part 2 of these Terms sets out additional terms dealing with how you are entitled to use the ParcelGenie Application and what you may and may not do with it.
Part 3 of these Terms sets out how you may order or receive goods through the Applications and the additional terms that apply to you when you do this.
1. Acceptance Of Terms.
ParcelGenie provides or makes available the Applications and other Services to you subject to the following Terms which may be updated by us from time to time without notice to you. Any updated terms will apply to any Services used by you after the date that the update comes into force but will not affect goods and services that you have purchased prior to that date. You can review the most current version of the Terms via the Applications Bar Menu on Windows Phone 7 or at http:www.parcelgenie.com. In addition, by using PayPal or other third party providers to make payments to ParcelGenie, you agree to PayPal's or that other provider's own terms of service. Your continued use of or access to the Services shall be treated as acceptance of the Terms and you must not use the Services if you do not accept these Terms.
2. Description Of Service.
The ParcelGenie Application permits mobile device users who download it to send and receive physical gifts purchased from ParcelGenie without either the sender or receiver needing to disclose their delivery address to the other person.
In order to use the Service, you must have access to a suitable mobile device on which to download the Application and pay any service fees associated with such access, including to telecommunications services.
To send a gift, you must have a legal means of payment, be entitled to legally purchase the goods or services concerned and know that the person that you are sending them to can lawfully receive them. By using the Services you confirm that this is correct and in particular that you have the authority to purchase goods and services via the mobile device concerned and to use the specific method of payment concerned.
You agree not to access any Services made available for use via the Applications by any means other than through the Application that is provided by ParcelGenie for use in accessing the Services concerned.
3. Availability, Modification And Ending Of Service.
You acknowledge and agree that ParcelGenie may at any time change or discontinue, temporarily or permanently, the Service (or any part of it) either to you or to users generally. ParcelGenie will use reasonable efforts to provide notice of any termination or significant change or suspension via its website. You agree that ParcelGenie shall not be liable for any change, suspension or termination of the Service. However this will not affect any orders for goods placed via the Application that ParcelGenie has accepted before the change, suspension or termination occurs.
You agree that ParcelGenie may also terminate or suspend your use of the Service (or any part of it) at any time if ParcelGenie believes that: (i) you have breached or are likely to breach these Terms; (ii) you have acted unlawfully in respect of the Service or that it would be unlawful to provide the Services; or (iii) you are or are likely to become insolvent or unable to pay for the Services.
You agree that any termination of your access to the Service under of these Terms may be effected without prior notice, and acknowledge and agree that ParcelGenie may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You agree that ParcelGenie shall not be liable to you or any third-party for any such termination of the Service.
You may terminate the Service at any time by uninstalling the Application. However, this will not affect any orders for goods placed by you before you terminate the Service.
Termination of the Service shall terminate any licences granted under these Terms. In particular, you agree to cease using and to delete any copies of the Applications immediately on termination of the Service for whatever reason. However, it will not affect any other rights and liabilities of us or you that arose before termination including any obligation to pay for Services already provided to you.
Unless ParcelGenie has terminated your right to use the Services, ParcelGenie will use reasonable endeavours to make the ordering services and other Services that ParcelGenie provides via the Applications available during ParcelGenie's normal working hours and such other hours as ParcelGenie may decide from time to time. However, ParcelGenie does not guarantee that these Services will be available at any particular times and will not have any responsibility if they are not available at particular times.
4. Your Registration And Informaton Supply Obligations.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's information forms (for example, shipping address). Such information is referred to in these Terms as the ("User Data"). If you provide any information that is untrue, inaccurate, or not current, or ParcelGenie has reasonable grounds to suspect that this is the case, ParcelGenie has the right to refuse any and all current or future use of the Service (or any portion of it) in addition to ParcelGenie's other rights.
5. Data Privacy And Security.
Where we provide you with passwords or account log in details you are responsible for maintaining their confidentiality, and are fully responsible for all activities that occur as a result of use of your password or log in details. You agree to: (i) immediately notify us of any unauthorised use of your password or account and any other breach of security; and (ii) keep the Application and the mobile device on which you use it secure. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
6. Lawful Use Of Services.
You agree not to (and not to seek to):
use the Services in any way that may break any laws applicable in any relevant jurisdiction; or
transmit any content using the Services that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
use the Services to send goods to persons that you know or would reasonably be expected to know may be unlawful for them to receive or may be objectionable to them in any way or in any manner that may be regarded as harassing any person;
impersonate any person in connection with your use of the Services;
transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment in connection with the Services;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
extract, collect, process, combine or store personal data from the Services including data about other users or seek to use data mining or other methods to seek to systematically extract data from the Services.
7. You Must Use Services Only For Personal Non-Commercial Purposes.
The Service is provided solely for you personal non-commercial use. Accordingly you agree that you will only use it for your own private personal non-commercial use and that you will not use any of the Services for business purposes or for financial gain of any sort.
Accordingly, we will not be liable for any business losses suffered in connection with the Services (whether arising from breach of these Terms, negligence or otherwise however caused) including without limitation any loss of profits, revenue, contracts, goodwill or business interruption or increased costs of working or failure to achieve savings (in each case whether the loss is direct or indirect).
8. Ownership And Use Of Content & Proprietary Rights.
The copyright, trademarks and other intellectual property rights in the Service and the content of all the software, application and pages relating to the Services (including without limitation the Applications and the rights in any sites or content accessible using them) are owned by, or licensed to ParcelGenie. This extends to the design, look and feel of the Applications, any trademarks, logos and branding on them or the Services and all photographs and other material or accessed using the Applications or other Services. You acknowledge and agree that all of these rights belong to ParcelGenie and ParcelGenie's third party licensors and that these materials are protected by applicable intellectual property laws and other laws.
Except as may be expressly authorised by ParcelGenie (or its third party licensors in the case of third party material) in their sole discretion, you are not entitled to and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or any such software, content or products (or any intellectual property in them) in whole or in part. However, unless your use has been suspended or terminated in accordance with these Terms, you are entitled to use the Application in accordance with Part 2 below and to access and use the Service via the Application in accordance with these Terms for your own personal, private, non-commercial use to enable you to order and send gifts to people. This includes a personal, non-exclusive, non-transferrable licence to download and print copies of these Terms and any orders that you place.
ParcelGenie and our logos are trade names or trademarks of ParcelGenie and may not be used by anyone else without our express permission. You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be attached to or contained within the Services.
ParcelGenie is owned and operated by ParcelPoke Limited whose registered address is: 35 Argus Lofts, Robert Street, Brighton, BN1 4AY. ParcelPoke Limited is registered in England with the company number 06659181 and VAT number of GB 971049906. To contact ParcelGenie please email email@example.com
ParcelGenie or third parties such as PayPal, may provide, links to other sites or resources. Because ParcelGenie has no control over such sites and resources, you acknowledge and agree that ParcelGenie is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content available from such sites or resources. You further acknowledge and agree that ParcelGenie shall not be responsible or liable, for any loss caused in connection with use of or reliance on any such content or resources.
10. Errors In Advertisements.
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree ParcelGenie is not responsible for such errors or discrepancies.
11. Dealings With Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ParcelGenie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
12. Events Beyond Your Or Our Control.
Neither you nor we will be liable or responsible for any failure to perform, or delay in performance of the Services or any of our respective obligations under these Terms or for any defects or errors in the Services which is caused by an event outside of our or your reasonable control. However, to be clear, lack of funds does not count as an event beyond your or our control.
You understand and agree that:
a) Your use of the service is at your sole risk. The service is provided on an as is and as available basis. Parcelgenie expressly disclaims all warranties, terms and conditions of any kind that are not set out in writing in the terms or otherwise expressly agreed in writing between us, including, but not limited to any implied warranties as to quality, fitness for a particular purpose and non-infringement.
b) Parcelgenie makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
14. Limitation Of Liability.
You expressly understand and agree that parcelgenie shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if parcelgenie has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
15. Applicability Of Limitations And Exclusions.
some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 12 and 13 may not apply to you.
16. General Legal Terms.
Notices to you may be made via email, regular mail, via SMS or via postings on the Services.
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms, together with each order that ParcelGenie accepts from you constitute the entire agreement between you and ParcelGenie and govern your use of the Service. They replace any prior agreements between you and ParcelGenie in connection with the Service. You are also subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, including but not limited to PayPal.
The failure of either you or us exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
The Terms, and your relationship with ParcelGenie under the Terms, shall be governed by English law. You and ParcelGenie agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms or the Services. Notwithstanding this, you agree that ParcelGenie shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Nothing in these Terms creates any right which is enforceable by any person who is not a party to the contract formed by them.
ParcelGenie grants you a personal, non-transferable and non-exclusive licence to download and use the object code of the Application to which these Terms relate on a single mobile device upon and subject to the remainder of these Terms solely for your own private non-commercial use.
2. Licence Restrictions.
You are not entitled to and you undertake not to do any of the following in relation to the Application (except as and to the extent expressly required to be permitted by law):
a) copy the Application except for temporary copies made by your mobile device automatically in the ordinary course of running the Application or for a single copy held for back-up purposes (to which these Terms shall also apply);
b) sell, transfer, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Applications;
c) disassemble, de-compile, reverse engineer, reverse assemble, or seek to discover the source code of the Application or create derivative works based on the whole or any part of the Application nor attempt to do any such things; or
d) permit anyone other than you to use the copy of the Application that you have downloaded;
e) provide, or otherwise make available, the Application in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from ParcelGenie.
You also agree not to permit any third party to do this in relation to the copy of the Application that you have downloaded (and any security copy that you may make).
By completing and submitting an order for goods via the Application or otherwise through the use of the Services, you are making an offer to purchase the goods set out in that order. It the order is accepted by us, it will result in a binding contract between you and us. Please note orders will only be despatched once we have authorisation from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorised.
a) After you have placed your order:
i) We will send you, as soon as possible, an email or SMS to acknowledge your order. It will confirm which goods you have ordered. This SMS or email constitutes a formal acceptance of your order by us. This also means that a contract between us is agreed and we are obliged to fulfil our obligations under this contract.
b) We do not have to accept your order and may refuse any order in our sole discretion. Non-exhaustive examples of reasons why we may not accept your order are:
i) We do not have the goods in stock
ii) Your payment is not authorised
iii) There is an error on our sites regarding the price or other details of the goods
iv) You have cancelled it in accordance with the instructions below
v) We consider that it may not be lawful to process it or that you may be in breach of these Terms.
vi) We are not able to locate the proposed recipient or if the recipient does not respond or declines the goods.
vii) We do not have local logistics or other providers in the area to which the goods are to be delivered.
Cancelling an order before despatch
If you change your mind after placing an order, you can cancel it at any time before we despatch it. Please see the Contact us page for our telephone number. You will need to give us your name and address details, as well as your order number to cancel your order.
If you cancel part of an order the postage and packaging charge is recalculated on the price of the goods you keep.
2. Returning goods after despatch.
When you order from us online, you are entitled to a cooling off period of 14 days after despatch of the goods, when you can return the goods without any penalty. This period starts the day the contract is agreed (i.e. you receive an email or SMS confirming your order) and ends 14 days after the day following delivery of the goods.
Certain items are excluded from this cooling off period right of return, unless we are at fault. These are any items that are personalised, pierced items or any items of food or drink that have been removed from their original packaging.
If you wish to return goods you have a duty to ensure they are kept in the original recipient's possession and that reasonable care of them is taken until you return them. Where you wish to do this you must contact us within the cooling off period and we will notify the recipient that you wish to do this. Provided that the recipient then returns the goods in accordance with these Terms we will then refund you the price paid and any delivery charge for those goods. Goods must be returned in their original condition, including immediate packaging, within the cooling off period.
If you return an item under this cooling off period then any free gifts or other benefits that you have received as part of that order must be returned at the same time.
Our returns policy does not affect any statutory rights that you may have in relation to defective goods.
3. Product availability.
Certain goods available for purchase via the Applications may only be available for supply to certain territories. We will notify you if goods that you select may not be shipped to the recipient's destination.
While we make every effort to ensure that the goods shown on the Services are currently available in stock, we cannot guarantee that this will always be the case. If goods you have offered to purchase are unavailable, you will be notified as soon as possible
4. Pricing and payment.
Prices throughout the ParcelGenie Services are quoted in several currencies including Pounds Sterling, United States Dollars, Euros, and payment can be accepted in these currencies. Prices include VAT. Packing and delivery costs will be added to the total price of your goods.
If a pricing error is made on the Services or in the ordering process we will inform you as soon as possible and give you the option of buying the goods at the correct price or cancelling the order. Your order will be cancelled if we cannot get in contact with you to notify you of the error.
Your payment card or other payment mechanism will be debited for your order once we receive your order or at the point at which the gift recipient accepts the gift by entering their delivery details.
5. Delivery information.
While we make every effort to ensure that the goods shown on the Services are currently available at the price indicated on the Services, we cannot guarantee that this will always be the case. If goods you have ordered online are unavailable or that their price is incorrect, you will be notified as soon as possible.
6. Delivery of Goods.
ParcelGenie will post, or arrange a courier on your behalf for, the goods ordered by you to the person and address given to ParcelGenie by either you or the recipient of your gift unless ParcelGenie rejects your order in accordance with these Terms. The consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. For non-UK destinations, the consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required. Each item ordered will be treated as a separate sale and will be shipped and paid for separately.
Delivery will be made as soon as possible after your order is accepted unless ParcelGenie has rejected the order in accordance with these Terms. However, any delivery times quoted on the application are estimates only, based on availability, normal processing and delivery companies.
You will become the owner of the goods you have ordered when the goods are dispatched to you from our premises.
7. Customs charges.
If you are ordering goods for delivery outside of the UK, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that ParcelGenie has no control over additional charges in relation to customs clearance. ParcelGenie recommends that you check with your local customs officials or post office for more information regarding importation taxes / duties that may be applicable to your on-line order. You will be the importer of record and responsible for any import VAT and duty that may be borne. In addition, any charges for import clearance will be borne by you, the customer.
Please note that when shipping goods, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the UK, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
8. Defective goods or failure to deliver goods.
If the goods ParcelGenie delivers are not what were ordered or are damaged or defective or the delivery is of an incorrect quantity, you should notify ParcelGenie in writing at the ParcelGenie email firstname.lastname@example.org You should do this as soon as possible and in any event within 10 working days of the delivery of goods in question.
If you do not receive goods ordered within 30 days of the date on which they were despatched to you, you should notify ParcelGenie in writing at the ParcelGenie contact email email@example.com. You should do this as soon as possible and in any event within 40 days of the date on which the goods should have been received.
If you have any questions or would like further clarification, please email Customer Services at firstname.lastname@example.org
What Personal Information About Users Do We Collect?
Our primary goal in collecting personal information is to provide a high quality service that is personalised. We collect the following types of information from our users:
1. Information You Provide to Us
To use ParcelGenie and our services, you must add the ParcelGenie application on your mobile device. In addition, it is possible, should you wish, to enter your email address, a mail/ postal delivery address, phone number, and/or payment-related information. If you do not wish to send or receive gifts, you can choose not to provide us with certain information. You would not then be able to take advantage of many of our special features but this is entirely your choice. The personal information you provide may be used for such purposes as fulfilling your orders, responding to your requests for certain services, customizing the advertising and content you see, and communicating with you about promotions.
2. Automatic Information
We may receive and store certain types of information whenever you interact with us, for example, your mobile telephone number. We may automatically receive and record certain "traffic data" on our server logs. We use this traffic data to help diagnose problems with our servers, analyze trends, and administer the application.
Generally our service may automatically collect usage information, such as the numbers and frequency of visitors to our application. This data is typically used in the aggregate, that is, as a statistical measure, and not in a manner that would identify you personally. This type of collective data enables us to determine how often users use parts of the application, so we can make the application appealing to as many users as possible. In addition, we may provide statistical information, not information about you personally, to our partners about how our users, collectively, use ParcelGenie.
3. E-mail Communications
We send a confirmation to you when you make a purchase on the ParcelGenie application to confirm your order and payment. This confirmation may be via e-mail or SMS or any other electronic means. We may also send out emails with news or promotions. If you do not want to receive these e-mails or any other mail from us, please notify us by e-mail at email@example.com and include sufficient information for us to identify your account.
4. SMS (mobile text) Communications
We may send SMS messages (text messages to mobile phones) when this feature is selected by you and you provide a mobile telephone number. In addition we may use text messages to communicate promotions or special offers to users. If you do not wish to receive SMS messages then please notify us by e-mail at firstname.lastname@example.org and include sufficient information for us to identify you, for example, the mobile telephone number used and your associated username. We will then stop sending SMS messages to you.
Will We Share Any of the Information We Receive?
We do not sell your personal information to anyone. We share your personal information only with your consent or to our business partners and affiliates as described below:
Others People's Information
You may decide to provide us with another person's email address or mobile telephone number so that person may be alerted to a gift that you have sent them. This information may be provided by you so that you can communicate with the recipient of a gift sent by you. You may also provide us with another person's postal address for the purpose of delivering a real gift to them. We use this information to contact and, if necessary, remind that person that he or she has been given a gift by you. We may disclose such information if required to do so in order to comply with legal process, as described below.
Affiliated Businesses We Do Not Control
We are affiliated with a variety of businesses and work closely with them in order to provide our services to users. We will only share personal information that is necessary for the affiliate to provide such services, for example, for the fulfilment of an order. We generally require our affiliates to provide the same level of privacy protection that we do and they do not generally have the right to share or use personal information for any purpose other than to fulfil your order.
Our staff (including consultants and contractors) may have access to user information while carrying out their duties in the normal course of our company business. We take care to ensure that information accessed in the course of this work is not communicated to external parties unless necessary to the provision of service.
We may employ other companies and people to perform tasks on our behalf and may need to share your information with them to provide services to you.
In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if our company, or substantially all of our assets, were acquired, customer information would be one of the assets that is transferred or acquired by a third party.
Protection of ParcelGenie and Other
We may release personal information when we believe in good faith that release is necessary to comply with that law, enforce or apply our Terms and other agreements, or protect the rights, property, or safety of the business, our employees, our users, or others.
Is Information About Me Secure?
We use industry-standard Secure Socket Layer (SSL) software to protect the security of your personal information during transmission, which encrypts all password and payment-related information you input.
All transactions are processed by PayPal Inc or other partners who have high standards of security and are established providers of payment services. We do not have access to any credit card information that may be revealed to PayPal though we do have access to a record of transactions for the purposes of running the service and auditing payments.
Only our employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.
What Choices Do I Have?
As stated previously, you can always opt not to provide information, for example, your mailing address, but then you may be unable to use certain features of our application.
You are able to add or update certain information on pages, such as your address. When you update information, however, we often maintain a copy of the unrevised information in our records.
You may disable the ParcelGenie application on your mobile device by deleting the application. If you have any problems, please email email@example.com. Please note that some information may remain in our records after disabling your account.
Who Can Use Our Services?
Anyone with a mobile device can use our application subject to having the requisite connectivity and capabilities on their mobile device.
Conditions of Use
Third Party Websites
Questions or Concerns
If you have any questions or concerns regarding the privacy of our services, please send a detailed message to firstname.lastname@example.org. Your privacy is important to us and we will make every effort to resolve your concerns.
Effective Date of These Terms
These Terms are effective as of 10th September, 2010.