TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY
BY TICKING THE “AGREE TO TERMS” BOX ON REGISTERING TO USE THE SERVICE YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We “Ping Services Limited” license you to use:
Chapter Service App, or Web Platform, the data supplied with the software, and any updates or supplements to it.
Any related online documentation we provide (Documentation).
The service you connect to via the App and the content we provide to you through it (Service).
as permitted in these terms.
YOUR PRIVACY
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our fair processing notice below and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
TERMS OF APP STORE OR GOOGLE PLAY ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the Apple App Store’s and/or Google Play’s rules and policies. Those rules and policies will apply instead of these terms where there are differences between the two. Their rules and policies can be found here: https://policies.google.com/privacy.
HOSTING PROVIDERS
The App and Service are hosted by Digital Ocean and Amazon AWS (back up). The ways in which you can use the App and Service are also controlled by their terms of service, which will apply instead of these terms where there are differences between the two. Their terms of service can be found here:
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please email us at [email protected].
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected] or call them on 0203 3688454.
How we will communicate with you. If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
HOW YOU MAY USE THE APP
In return for your agreeing to comply with these terms you may:
download a copy of the App onto one or more of your mobile or handheld devices and view, use and display the App and the Service on such devices for your personal purposes only.
use any Documentation we provide to support your permitted use of the App and the Service.
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
You must not allow anyone else to use the App. You must not share the App with any other person, nor allow any other person to use it.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP
You must be 18 or over to accept these terms and use the App.
YOU MUST BE INVITED BY US TO USE THE SERVICE
You must be personally invited by us to use the App and Service. Invitations are only provided to residents of [property name] or to certain non-residents at our complete discretion. Our personal invitation will be made by email and is an invitation to treat only: it is not an offer to provide the Service. By accepting our invitation, you are offering to receive the Service subject to these terms. We accept that offer by providing you with a temporary password in order that you can register with the Service. We are not obliged to invite anyone to use the Service and we can withdraw our invitation at any time.
YOU MUST KEEP YOUR PASSWORD CONFIDENTIAL
If you are accepted to use the Service, you will receive a temporary password which will allow you access to the App and to your account. You can change your password in your account and manage your personal profile. You must keep your password confidential and you must not share or disclose it to anyone else. If you suspect your password has been compromised, you should change it as soon as possible, and let us know.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell, transfer or dispose of any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of a change when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device. You must only download the App onto a phone or other device that you personally control and use, even if it is not owned by you.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products/services and to provide any Services to you.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES OR SERVICES YOU LINK TO
The App or any Service may contain links to, or permit communication with, other independent websites or providers of services or products which are not provided by us. Such independent sites or providers are not under our control, and we are not responsible for and have not checked and approved their content, services, products or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites or providers of products or services, including whether to buy any products or services offered by them. By including links or permitting communication through the App to third parties, we do not recommend or endorse their products or services. We will not be liable for any loss or damage that may arise from your use of them.
LICENCE RESTRICTIONS
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent permitted by law;
not access all or any part of the App or Services in order to build a product or service which competes with the App or Services;
not use the App or Services to provide services to third parties, except as expressly permitted by us; or
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
You must:
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, viruses, malware or harmful data, into the App, any Service or any operating system or by doing anything which may prevent, impair or otherwise adversely affect the operation of the App, Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not transmit any material or use the App or Service in any way which may be threatening, menacing, harassing, blasphemous, or liable to incite racial hatred or discriminate in any way;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and our licensors and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for 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 these terms 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 you accepted these terms, both we and you knew it might happen.
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 or for fraud or fraudulent misrepresentation.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or for any other commercial or business losses.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The App and Service is a free service offered to invited residents of the Site, and others that we personally invite. The App and Service are provided on an ‘as-is’ basis. We do not represent, guarantee or warrant that the App and Service will be uninterrupted or error free.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
Please use up to date anti-virus software: We recommend that you use up to date anti-virus software on any device used to access the App and Service. We do not warrant, represent or guarantee that the App or Service will be free of viruses or other malware.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, we will not be liable for delays caused by the event.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms. If what you have done can be put right, we may give you a reasonable opportunity to do so but we are not obliged to do so.
Your rights to use this App will also end if you are no longer a resident of the Site, or if you have been otherwise personally invited by us and we withdraw our invitation.
If we end your rights to use the App and Services:
You must stop all activities authorised by these terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
We will disable your password so that you cannot access the App and Service.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU MAY NOT TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may not transfer your rights or your obligations under these terms to another person.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of 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.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
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 breaking this contract, 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.
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.
FAIR PROCESSING NOTICE – Chapter Service App
This Fair Processing Notice explains how Greystar Europe Holdings Limited (‘GEHL’) and Ping-Services Limited (‘we’ or ‘us’) will store and use personal data that is collected from you when you use the Chapter Service mobile application software (‘the App’), the data supplied with the software and App, and any updates or supplements to it.
GEHL is the ‘controller’ and Ping-Services Limited the ‘processor’ of personal data collected through the App for the purposes of applicable data protection laws.
You can manage your information through the settings, and are able to edit or delete any posts you make within the App by selecting the three dots that appear to the right of the post. Information on how to exercise your data subject rights is included at the end of this notice.
If you post a comment into the public areas of the App, this will be viewable by all residents who are signed up to the App, along with your name and profile photograph you choose to include via the App.
We will use the information you provide to us via the App:
Transfers of personal data
Recipients of personal data / service providers
We will disclose the personal data we hold about you to:
Ping-Services where you decide to use their concierge services. The data they process will not leave the UK. They will act as a processor for your personal data and their privacy policy is available here (below).
Ping-Services Limited who provide the App services to us, and their sub processors Digital Ocean and Amazon AWS.
Where we store your personal data;
The data we collect is stored on information technology systems owned and run by or on behalf of GEHL or on systems run by those businesses processing it on GEHL's behalf. All information you provide to us is stored on secure servers.
Our legal basis for processing your personal data
If you are a resident using the App, our legal basis for processing your personal data is that it is within our Legitimate Interest in order that we may arrange for the provision of services to you. We consider that our legitimate interests do not override your rights in so far as users of the App have discretion regarding which services they may wish to obtain.
In certain circumstances, it may be necessary to use data obtained via the App for the purpose of entering into, managing, or terminating an agreement with you in relation to services made available via the App.
If you otherwise contact us via the App or in relation to your data protection rights, our legal basis for processing your personal data is that it is necessary for our legitimate interest in conducting our business and meeting the requirements of customers.
Retention of personal data
We store the personal data we collect about you only for as long as is necessary for the purpose(s) for which we originally collected it, or for other legitimate business purposes, including to meet our legal, regulatory or other compliance obligations.
Your rights
Information on your rights, how to complain, and how to contact Ping Services Protection Officer, is available within our privacy policy (below).
PING SERVICES LTD PRIVACY POLICY
BACKGROUND:
Ping Services Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits (“Our Platform”), procures our services, as well as every resident and customer we serve. We will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is requested upon entering Our Platform and continuing to use it. We will also make sure that you have agreed to be a resident of our customers’, and have agreed to this Privacy Policy, by providing you with an easy method to opt out of our emails if you disagree.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
2. Information About Us
Our Site and the associated App is owned and operated by Ping Services Ltd, a limited company registered in England under company number 12319160.
Registered address: Office 6, Town Hall, 86 Watling Street East, Towcester, Northants, NN12 6BS, England.
3. What Does This Policy Cover?
This Privacy Policy applies only to your use of Our Platform, our Services, and when you become a resident that we connect to our customers. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
4. What Is Personal Data?
Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
5. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.
b) The right to access the personal data we hold about you. Part 13 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 15 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that if data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
i) Rights relating to automated decision-making and profiling.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 15.
6. What Data Do You Collect and How?
Depending upon your use of Our Platform, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies and our Cookie Policy.
Data Collected
How We Collect the Data
Third Parties whose content appear on Our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 15.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
7. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
8. How and Where Do You Store or Transfer My Personal Data?
We only store your personal data in the UK. This means that it will be fully protected under the Data Protection Legislation.
We ensure that your personal data is protected under binding corporate rules. Binding corporate rules are a set of common rules which all our group companies are required to follow when processing personal data. For further information, please refer to the Information Commissioner’s Office.
The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:
9. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions:
9.1 In order to conduct our fundamental services to our customers, data pertaining to prospects will be shared to them, while taking steps to ensure that personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.
9.2 If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
9.3 In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
9.4 We may share your personal data with other companies for the performances of the service we offer to you.
9.5 If any of your personal data is shared with a third party, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.
9.6 If any personal data is transferred outside of the UK, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 9.
10. How Can I Control My Personal Data?
10.1 In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via Our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails, at the point of providing your details, or by managing your Account.
10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
11. Can I Withhold Information?
You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site, and our Services you may be required to submit or allow for the collection of certain data.
You may restrict our use of Cookies. For more information, see Part 14 and our Cookie Policy.
If you are a Prospect, you can opt out of our cold emails by indicating such intention when you receive them. If you want to know the data we collect from Prospects, you can check Clauses 6 and 7.
12. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests may be made in writing and sent to the email or postal addresses shown in Part 15. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make multiple repetitive requests for information we have previously provided) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
13. How Do You Use Cookies?
Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on Our Site for marketing and optimisation purposes. For more details, please refer to the table below. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.
All Cookies used by and on Our Site are used in accordance with current Cookie Law.
Before Cookies are placed on your computer or device, you will be shown a message box requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.
Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
You may find further details and information about the specific first party, third party and analytics cookies that we use on our platform within our Cookie Policy.
In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
14. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, or to otherwise exercise your data protection rights, please use the following details:
Should you have any complaint regarding our use of your personal data, we would ask that you contact us in the first instance so that we can assist you. You also have the right to complain to the Information Commissioner’s Office. You can contact them in the following ways:
15. Changes to this Privacy Policy
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be immediately posted on Our Platform and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 01/09/2024.
DELIVERY MANAGEMENT
MyPuP Privacy Policy
Privacy Policy
We realise that you place a lot of trust in us and we take it as our responsibility to protect your privacy. This Privacy Policy informs you about the information we collect from you when you visit our website and make use of our services, why we collect this information and how it enables us to increase your user experience. This way you will understand how we work.
This Privacy Policy is applicable to all services from MYPUP B.V. By using this application and our services, you automatically agree with our Privacy Policy.
MYPUP B.V. respects the privacy of all users of our website and our services and ensures that all personal data you provide us with, shall be treated confidentially.
The use of our services
When you register for one of our services we ask you to provide us with your personal data, such as name, address, post code, town, mobile phone number, email address, payment details and the delivery Pick Up Point (PUP) of your choice. We use this information to perform our services to you. Your data is automatically stored in your user profile, which is saved on MYPUP B.V.’s own secure servers or on the server of a third party commissioned by MYPUP B.V. We also use this information to be able to execute analyses of the use of the pups, so that we can improve our services and the making available and the use of pups.
Communication
When you send emails or other notifications to us, it is possible that we save these. Sometimes we ask for personal details that relate to that particular situation. This enables us to process your requests and answer your questions. Your information is stored on MYPUP B.V.’s own secure servers or those of a third party. We will not associate this data with other personal data held by us.
Cookies
We collect information for research purposes in order to help us understand our customers and to tailor our services to our customers’ needs.
This website uses cookies (small files which are stored on your computer) to help the website to analyse how users use the website. The information created by the cookie, about your use of the website, can be transferred to our own secured servers of MYPUP B.V. or those of a third party mandated for that purpose.
We use this service to keep track of how you and other visitors use our website, to compile reports on the website activity and to offer other services related to website activity and internet use.
Objectives
We do not collect or use information for other purposes than the objectives described in this Privacy Policy, unless we have obtained your prior authorisation to do so. We do not make use of automatic decision making, like profiling.
Third parties
Our staff members are obligated to respect the confidentiality of your data. In principle MYPUP B.V. does not provide personal data to third parties, except to parties involved in the provision of the services. In addition, MYPUP B.V. can transfer personal data to parties who make pups available to users of the pups, e.g. in an office or apartment complex. These parties receive information to, e.g., be able to execute analyses of the use of the pups, so that we and they can improve the services. These third parties must process the personal data in compliance with applicable data processing legislation and must themselves determine the purpose and means for processing the data; their conditions apply to such processing.
It is possible that personal data are transferred to recipients in countries outside of the EEA. We may only do this if the country in question offers an appropriate level of protection with regard to personal data protection. If a country fails to comply, MYPUP B.V. will see to appropriate safeguards so that the personal data is nevertheless properly protected.
Digital marketing service providers
We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information. Our appointed data processors include:
(i)Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io. Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: [email protected].
Lead Forensics Ltd. You can contact Lead Forensics and view their privacy policy here: https://www.leadforensics.com. Their Data Protection Officer can be emailed at: [email protected].
Changes
MYPUP B.V. reserves the right to change this privacy policy from time to time. You will then promptly be notified by MYPUP B.V. via email.
Choices for personal data
All our users have the possibility to view, adapt or delete all personal data provided to us. You can do so by logging in through the user profile you have made or you can send an email to the email address below. We will do everything possible to process personal data in a legitimate manner. Should you nevertheless be of the opinion that we are not satisfactorily processing a request, you have the right of lodging a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
Unsubscribe from or adjust services from MyPup B.V.
You can adjust your personal data or unsubscribe yourself at any time and stop using MYPUP B.V.’s services.
If you would like to amend your details or would like to have your details deleted from our records, you can simply do so by logging into your registered user profile, or by sending an email to the email address provided in the contact information below. If you delete all your data, you will no longer be able to make use of our services. If the customer takes out a subscription for the services of MYPUP B.V. via mypup.nl the customer can terminate this at any time in writing or via the user profile. Termination of the contract is effective as of the next payment collection date.
Disable cookies
The majority of the browsers are automatically set to accept cookies, however, you can reset your browser to reject all cookies or to notify you that a cookie will be sent. However, it is possible that some of the functions and services on our and other websites may not function properly when you have disabled the cookies in your browser.
Storage period
MYPUP B.V. only processes personal data as long as necessary. We take the following storage period into account in this respect:
Questions and feedback
We regularly review our compliance with this Privacy Policy. Should you have questions regarding this Privacy Policy, then kindly contact us, via:
MYPUP B.V.
Kuiperbergweg 32
1101 AG Amsterdam
The Netherlands
December 2021
MyPuP General Terms & Conditions
Exceptions
Below you will find the general terms and conditions regarding MYPUP B.V. in addition to these conditions, the conditions of the BIFA (British International Freight Association) also apply for citizens of the UK. These conditions can be found on https://www.bifa.org/conditions/bifa-stc-2017
1. Definitions
Additional services: services that can be purchased in the event of a package that exceeds the maximum size and/or the maximum permitted weight.
Customer: the party, a natural person, who enters into an agreement with MyPup B.V.
Sender: the party, company or natural person who sends the package to the recipient.
User profile: an overview of the basic data of the customer, which data was entered by the customer on www.my-pup.com (or other domains used by MyPup or the MyPup App) upon registration and which can be used by MyPup for the purpose of communication about the service.
MyPup: MyPup B.V., the private limited liability company, with its registered office at Kuiperbergweg 32, 1101 AG Amsterdam, registered in the Trade Register of the Chamber of Commerce under number 60240199. MyPup B.V. is a company that processes the incoming and outgoing mail and/or parcels for the customer.
Reception and distribution center MyPup B.V.: location where MyPup B.V. has concentrated the logistics of the packages. This can be done by MyPup B.V. itself or an appointed third party acting under the responsibility and in the name of MyPup B.V.
Parties: MyPup B.V. on the one hand, the customer on the other
Pick Up Point (PUP): An unmanned, secure locker wall at an office, apartment complex or other location of the customer's choice, intended for sending, returning and/or receiving parcels.
Unmanned mailroom: An unattended space, whether or not equipped with camera surveillance (not managed by MyPup), at an office, apartment complex or other location of the customer's choice, exclusively intended for receiving parcels. The room is secured by an electronic access system from MyPup.
Unique code: A personal four-digit code that the customer receives via the app, SMS and/or e-mail and with which access can be gained to the PUP safe and/or unmanned mailroom.
Force majeure: a situation in which the execution of the agreement is wholly or partially, temporarily or otherwise, prevented by circumstances beyond the control of the parties and/or by circumstances on the part of MyPup B.V. such as strikes, personnel problems, transport problems, weather conditions including non-performance by suppliers from whom MyPup B.V. obtains all or partially.
Prohibited goods: goods (i) that are prohibited to transport on the basis of international or national laws or regulations (including rules of international organizations), (ii) goods for which MyPup B.V. has not obtained the necessary license or authorization and/or (iii) goods that may be generally assumed to be dangerous or illegal in the country of origin, destination and/or any third country through which the goods are transported.
2. General
2.1 These general terms and conditions apply to all services provided by MyPup B.V. and to all agreements that MyPup B.V. concludes with the customer.
2.2 The applicability of any general terms and conditions used by the customer is expressly rejected.
2.3 Deviation from these general terms and conditions is only possible if the parties have expressly agreed to this in writing in advance.
2.4 MyPup B.V. is at all times entitled to (unilaterally) change or supplement the general terms and conditions.
3. Use of a PUP
Parcel Reception
3.1 By creating a user profile on my-pup.com (or other domains used by MyPup or the MyPup App), the Customer grants a power of attorney to MyPup B.V. to receive and distribute the packages in the name of the Customer, which are sent to the receiving and distribution centers, to the PUP specified by the Customer in his or her user profile.
The power of attorney for delivering a package in the specified PUP is activated when the package is received at the MyPup distribution center.
The power of attorney for delivering a package in the PUP provided by the customer ends when the customer has entered his unique code, which he has received by SMS message and/or e-mail, and has opened the door of the PUP safe, with or without the help of the MyPup app.
The power of attorney granted by the customer to MyPup B.V. for the delivery of a package also expires at the moment that the package is placed in the unmanned mailroom specified by the customer.
The customer receives a unique code with which the package can be picked up from the unmanned mailroom specified by the customer. The risk of loss, damage or loss of a parcel after delivery to an unmanned mailroom is borne by the customer.
In some cases, proof of delivery is supported with a photo of the parcel in the unmanned mailroom as additional proof of delivery. However, even if no photo is provided as additional proof of delivery, MyPup accepts no liability for loss, damage or loss of the package after delivery, unless the customer can prove that there is intent or gross negligence on the part of MyPup.
If a package does not fit in the PUP locker and is delivered to an alternative, pre-designated location outside the mailroom, MyPup is not responsible for the package from the moment of delivery to that location.
By delivering the package to the unmanned mailroom or to another agreed location, MyPup is indemnified against any further liability for loss, damage or loss of the package, with the exception of situations in which there is intent or gross negligence on the part of MyPup.
Sending/returning parcels
3.2 By creating a user profile and specifying a return shipment or shipment on my-pup.com (or other domains used by MyPup or the MyPup App), the customer grants a power of attorney to MyPup B.V. to collect and send the packages that the customer sends via the PUP via a postal company selected by MyPup B.V.
The power of attorney for returning a package in the specified PUP is activated when the customer enters the unique code that the customer has received by SMS message and/or e-mail, places the package to be sent in the reserved PUP safe and closes the door of the PUP safe, with or without the help of the MyPup app.
The power of attorney for returning a package ends when the package is handed over by MyPup B.V. to the postal company selected by MyPup B.V.
The power of attorney issued to MyPup B.V. only relates to the collection of the package from the PUP in question and the handing over of the package to the postal company selected by MyPup B.V. After handing over the package to the postal company selected by MyPup B.V., the power of attorney automatically expires and the associated liability towards MyPup B.V.
MyPup B.V. does not receive a receipt or shipping receipt for packages that are returned to a freepost number. The customer will therefore not receive proof of receipt or shipment of such returns.
3.3 In the event of a (return) shipment, the customer must place the specified return shipment in the PUP safe reserved for the customer within 24 hours after the reservation of the PUP. After 24 hours, the reservation expires and the customer, if he still wishes to use this service of MyPup B.V., will have to create a new return shipment.
3.4 The customer is responsible for the correct delivery of the packages that need to be returned or sent via the PUP specified by the customer in his or her user profile. The correct delivery of the parcels means, among other things, that the parcels to be returned are provided with a return label required for return or that the customer states the correct name and address details on the parcel to be sent.
3.5 MyPup B.V. will offer the received packages as soon as possible after receipt at the receiving and distribution center in the PUP specified by the customer. The aim is to deliver the packages received by MyPup B.V. before 13:00 and that are provided with the correct address and name in the PUP lockers on the same working day. If delivery is not possible within this period due to unforeseen circumstances, MyPup will inform B.V.de customer in writing within 1 working day, or 24 hours, after receipt.
3.6 If the customer has multiple packages distributed to the PUP via MyPup B.V. in one day, MyPup B.V. will try to deliver these packages to one PUP locker if possible.
3.7 The customer will be notified by e-mail and/or text message when the package to be delivered is in the PUP safe, as well as the unique code with which the PUP safe in question can be opened. The PUP vault can also be opened by means of the MyPup app.
3.8 The customer will be notified by e-mail or text message when the package can be returned via the PUP indicated by the customer. In this message, the customer is provided with the unique code, which can be used to open the PUP safe, which is reserved for the return shipment. The PUP vault can also be opened by means of the MyPup app.
Collecting or not collecting parcels
3.9 The customer must collect the package from the PUP locker within 2 working days (i.e. within 48 hours). The customer is notified daily via an e-mail and/or text message and/or via the MyPup app that the package has not yet been picked up from the PUP safe.
3.10 MyPup B.V. has the right to remove packages that have not been collected within the set period of 2 working days (i.e. within 48 hours) from the relevant PUP safe and to store them in the reception and distribution center of MyPup B.V. The customer will be informed of this by e-mail and the customer will be offered the following options:
Offering the package again in the PUP specified by the customer in his user profile at the applicable delivery price for packages.
Picking up the package at the reception and distribution center of MyPup B.V., where no extra costs are charged to the customer.
Shipping to the buyer's home address at an additional cost of the current shipping rate (depending on location and weight), which is at the expense of the customer.
3.11 If the customer does not respond to the options offered in article 3.10, MyPup B.V. is entitled to return the package to the sender after the expiry of a period of 14 days after the package has been stored in the reception and distribution center of MyPup B.V. The costs of this are borne by the customer.
If after the expiry of the period of 14 days free of charge (freepost number/return label) return to the sender is not possible or the sender does not accept the return, MyPup is entitled to donate the item to charity, or to destroy or otherwise dispose of the package, without being liable to pay compensation to the customer.
Additional services
3.12 MyPup B.V. always has the right to refuse packages that exceed the maximum dimensions of the lockers, which are (lxwxh) 600mmx400mmx700mm or heavier than 23 kilograms. When MyPup B.V. accepts a package that is too large for the PUP lockers, the following alternative delivery services for packages that do not fit in the PUP locker because they exceed the maximum dimensions for packages, will be offered:
If the package does not fit in the PUP locker, but is easy to transport, another delivery option will be agreed. For this purpose, the customer is contacted by e-mail and/or telephone.
If the package is too large (larger than the dimensions mentioned in 3.12) and/or too heavy (more than 23 kilograms), the customer will be called or emailed to make an appointment to pick up the package at the reception and distribution center of MyPup B.V.
If a package turns out to be too large for the PUP safes, MyPup B.V. is entitled to open the package and to transfer the contents of the package to a smaller package, whereby the liability provisions of Article 6 apply, with the exception of letter mail.
If the name of the recipient is not clearly displayed on the packaging of the package, MyPup B.V. is entitled to open the package in order to find the name of the recipient on the packing slip that came with the package.
If none of these options is chosen, MyPup B.V. will send the package, after permission from the customer, to an address to be specified by the customer. These additional costs are borne by the customer.
If none of the above options is chosen by the customer, MyPup B.V. is entitled to return the goods to the sender after 14 days, whereby the costs will be borne by the customer.
If after the expiry of the period of 14 days free of charge (freepost number/return label) return to the sender is not possible, or if the package is refused by the sender, MyPup is entitled to donate the item to a charity of MyPup's choice, or to destroy or otherwise dispose of the package, without being liable to pay compensation to the customer.
3.13 It is not possible to offer MyPup B.V. parcels for a (return) shipment, if the parcel exceeds the maximum size of (lxwxh) 600mm x 400mm x 700mm and/or weighs more than 23 kilograms.
Misuse of the PUP
3.14 The customer is not permitted to keep illegal, dangerous and/or perishable goods in the PUP safe where the minimum shelf life of the goods is at least 14 days after receipt by MyPup B.V. Furthermore, the customer is not allowed to allow livestock or persons to stay, or to use the PUP in any other way in such a way that this may create a risk for MyPup B.V., the user himself and/or third parties. The customer is liable for all damage and/or costs that has been and/or will arise as a result of the situation(s) and/or circumstances described above, and explicitly indemnifies MyPup B.V. against all possible claims (see also: art. 6.3 sub e of these general terms and conditions).
3.15 In case of suspicion of trafficking in narcotics, prohibited goods or other illegal activities in the Netherlands, the United Kingdom or a member state of the European Union, MyPup B.V. will actively approach the judiciary. If prohibited goods are found on the basis of the above, or there is a suspicion thereof, these must be submitted by the customer at the first request of MyPup B.V. within 24 hours, or within a period specified by MyPup B.V. Direct contact will also be sought with the competent authorities. If removal is not made within the set period of 24 hours, or the period specified by MyPup B.V., these goods will be handed over to the authorities, or returned to the sender. The customer is liable for all damage and/or costs that has arisen and/or will arise as a result of the situation(s) and/or circumstances described above and explicitly indemnifies MyPup B.V. against all possible claims (see also: art. 6.3 sub e of these general terms and conditions).
3.16 The customer is not permitted to use the PUP safe other than as a transhipment area without the written permission of MyPup B.V. For example, selling and/or providing services or developing any other commercial activity in the PUP safe(s) is not permitted.
Customs and other charges
3.17 If MyPup B.V. is required to pay customs duties, import taxes, or other related charges, the customer is obligated to fully reimburse these costs to MyPup B.V. within the payment term set by MyPup B.V. In the event of late payment, MyPup B.V. reserves the right to take collection measures and to withhold (future) packages until full payment has been made. Delivery of (future) packages will only take place once all outstanding amounts have been paid.
3.18 MyPup B.V. reserves the right to charge additional administrative and storage fees arising from the processing of customs duties, payment handling, and/or failure by the customer to pay within the specified term. These costs will be specified and communicated to the customer prior to payment.
4. Obligations MyPup BV
4.1 MyPup B.V. will make every effort to treat the packages from or for the customer with the utmost care from the moment of receipt up to and including delivery and/or shipment to the PUP safe, the (return) address or freepost number at all times.
4.2 MyPup B.V. will make every effort to deliver the packages received by or for the customer for transport to their destination in the condition in which he received them.
4.3 MyPup B.V. strives to deliver the packages received for the customer that have been received by MyPup B.V. on a working day before 13:00 on the same working day in the PUP indicated by the customer.
4.4 MyPup B.V. strives to pick up and send the packages offered by the customer for shipment or return within one working day via a postal company selected by MyPup B.V. MyPup B.V. is not liable for damage as a result of delayed delivery of packages offered for shipment or return.
4.5 The postal company selected by MyPup B.V. in point 4.4 does NOT include: Homerr, Mondial Relais, Budbee, Trunkers, Peddler.
5 Responsibilities of the customer
5.1 The Client must ensure that the data in the user profile that the Client creates on my-pup.com (or other domains used by MyPup or the MyPup App) are Client's own and that they are correct and up-to-date. MyPup B.V. is not liable for damage caused as a result of incomplete, defective or incorrect (address) data stated by the customer (see also: article 6.3 b of these general terms and conditions). The customer takes appropriate measures to keep her profile safe, for example by not sharing login details with others and storing them safely.
5.2 If the customer so wishes, the customer must take care of proper insurance of the (contents of the) packages that are delivered to the PUP safe.
6. Liability of MyPup B.V.
6.1 MyPup is not liable for damage caused during the performance of MyPup's services, unless otherwise provided in this article.
6.2 MyPup B.V. is only liable in the event of damage, loss and/or delay in delivery of the packages intended for the customer if the resulting damage is demonstrably the result of an attributable shortcoming on the part of MyPup B.V. and MyPup is in default.
6.3 MyPup B.V. is not liable for damage as a result of the following circumstances:
a. force majeur;
b. the customer has provided incomplete, bad or incorrect (address) data or the cause of the damage is attributable to the customer itself;
c. loss and/or theft of the unique code provided to the customer to open the PUP safe;
d. absence of or defective condition of the packaging of the package(s) caused by a person other than MyPup.
e. loss of packages not signed by a MyPup B.V. or MyPup B.V. contracted courier employee with a clear POD (proof of delivery).
f. misuse of the PUP and/or one or more PUP locker(s) by the Client or third parties, as described in Articles 3.14 to 3.16;
g. the nature of certain items themselves, which are exposed to total or partial loss or damage due to causes related to this nature itself, in particular by ignition, explosion, melting, breakage, corrosion, decay, dehydration, leakage, normal loss of quality or the occurrence of vermin or rodents;
h. loss of quality of (the contents of) the packages due to heat, cold, temperature differences, humidity of the air or other conditions;
i. the fact that the transport involves a living being.
6.4 Insofar as MyPup B.V. is liable for damage and/or loss of the package, this liability is limited to 25% of the damage suffered with a maximum of €100 per package/postal item.
6.5 MyPup is never liable for indirect or consequential damage (such as lost income, missed opportunities and lost profits, damage caused by delays, fines and immaterial damage).
6.6 This article is intended not to exclude damage that is not permitted by law.
6.7 In order to be eligible for compensation, complaints must be made to MyPup within 12 months. This period is calculated from the day following the day that a package to which the complaint relates is presented to MyPup. If there is damage or loss of a package, this must be reported as soon as possible after delivery.
7. Liability of the customer
7.1 The customer is liable for damage that, attributable to the customer, has been caused by his package to persons employed by MyPup B.V. and/or third parties engaged by it, to company assets of MyPup B.V. and/or third parties engaged by it or to other packages.
7.2 MyPup B.V. does not accept dangerous substances and/or prohibited goods and the customer guarantees not to send/offer them in the PUP safe. If the customer nevertheless offers dangerous substances and/or prohibited goods in the PUP safe, the customer indemnifies MyPup B.V. and indemnifies MYPUP B.V. for all claims from third parties and all damage suffered by MyPup B.V. and the third party(ies) engaged by it in connection with the hazardous substances and/or prohibited goods. MyPup is not liable for damage suffered by the customer.
7.3 The customer agrees that it is at the sole discretion of MyPup B.V. what it does with the dangerous substances and/or prohibited goods offered by the customer. MyPup is allowed to destroy these substances and goods, among other things.
8. Refusal, suspension or cessation of transport
8.1 MyPup B.V. may refuse, suspend or discontinue the transport of packages, upon request without giving reasons, if:
8.2 In the event of refusal or cessation of the transport of a package, MyPup will enable B.V.de customer, as far as possible, to regain possession of the package, which will terminate the agreement between the parties. MyPup B.V. can claim payment of the fee due for transport, without prejudice to MyPup B.V.'s right to reimbursement of (additional) costs incurred.
9. Payment and termination of the MyPup service
9.1 Payment of the package costs is due before the start of receipt of the package to be sent by MyPup B.V.
9.2 If the customer has not fulfilled the payment obligation after 14 days after the conclusion of the agreement between the parties, MyPup B.V. reserves the right not to deliver the package to the PUP safe or the package will be returned to the specified return address or freepost number. MyPup B.V. will store the package in the reception and distribution center of MyPup B.V.
9.3 MyPup B.V. will give the customer a one-time reminder in which the customer is granted a reasonable period of time to make payment.
9.4 If payment is not made even after the payment term has expired, as indicated in the reminder, the claim may be handed over by MyPup B.V. to a third party for collection. All costs of extrajudicial collection will be borne by and recovered from the customer.
9.5 MyPup B.V. has the right to set off all claims it has or will have against the customer against any funds of the customer, or claims of the customer against MyPup B.V.
10. Inspection/maintenance
MyPup B.V. can at all times gain free access to a PUP safe in order to be able to clean, inspect, repair or have repair carried out by third parties. This also applies to those cases in which MyPup B.V. has a real interest in opening the safe, or having the PUP safe opened by others. MyPup B.V. has the right to temporarily move the content present in the PUP safe.
11. Changes to the PUP (safes) and unmanned mailroom.
The customer is not allowed to make any changes to the PUP and/or unmanned mailroom or PUP safe(s), for example by means of stickers etc. Any repair or removal costs will be borne by and recovered from the customer.
13. Governing Law and Disputes
13.1 All agreements between MyPup B.V. and the customer are exclusively governed by Dutch law.
13.2 All disputes arising from an agreement between MyPup B.V. and the customer will be settled exclusively by the competent court in Amsterdam, unless at least mandatory legal provisions to the contrary, or at the discretion of MyPup B.V. by the competent court in accordance with the applicable legal rules.
14. Miscellaneous
14.1 The nullity or voidability of any clause in these general terms and conditions does not affect the validity of the other clauses.
14.2 If any provision of these general terms and conditions is null and void or is annulled, the other provisions will remain in full force and effect and the null and/or voidable provision(s) of these general terms and conditions will be replaced by one or more new provision(s) that is legally permissible, whereby the purpose and purport of the null and void or voided provision(s) will be taken into account as much as possible.
14.3 Ambiguities about the content of the terms and conditions or situations that are not regulated in these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.
Apudos Parcel Collection Service - Terms of Service & Conditions
1. Introduction
These are the Apudos Ltd Terms of Service & Conditions ( “Terms of Service”) These Terms of Service are also posted on our mobile application (the “Application”). Apudos is sometimes referred to herein as “we,” “us” or “our”. These Terms of Service apply to all products and services offered by Apudos on the Application and otherwise (collectively, the “Services”), including without limitation, our smart lockers delivery. Please Note that special terms might apply to some other Services offered by Apudos. These terms are in addition to these Terms of Service, and in the event of a conflict, prevail over these Terms of Service
You acknowledge and agree that, by clicking on the “Register” button or accessing or using any Apudos services, you are confirming that you have read, understand and agree to be bound by these Terms of Service, If you do not agree to these Terms of Service, then please do not access or use the services.
We must also highlight paragraph 7 (Privacy Policy) Apudos reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will provide you with notice of the modification upon your next use of the Apudos Services. We will also update the date contained within paragraph 14 (Last Updated) at the bottom of these Terms of Service. By continuing to access or use the Services after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, you should cease using all the Services and notify your Property Staff that you wish to make alternative arrangements for the delivery of your parcels.
2. Age & Eligibility
In order to use the Services you must be at least 18 years of age.
3. Agency
You represent that you are using the Services for their intended purpose. If you are registering or using the Services on behalf of a company or other organisation, you represent that you have authority to bind your employer by your actions.
4. Account Registration
Apudos Services are provided as a service by the owner and/or manager of your building (“Property Staff”). Property Staff will pre-register its tenants for Services. In doing so, Property Staff will determine its desired notification method to Apudos Services users. Such notification methods may include, but are not limited to: SMS text messages, emails and QR Codes. You do not need to register yourself to use the Services, but you agree that, by using or accessing any Apudos Services, you are doing so at your own risk and are agreeing to be bound by these Terms of Services. Once the User has been provided with an account from the Property Staff, he/she is entirely responsible for maintaining the confidentiality of his/her account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Apudos immediately of any unauthorized use of User’s account or any other breach of security. Apudos will not be liable for any loss that User may incur because of someone else using their account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Apudos or another party due to someone else using User’s account. User may not use anyone else's account at any time, without the permission of the account holder. If there are any changes you wish to make to your registration information or contact information utilised to provide the Services, you must request the changes directly with Property Staff. We may, in our sole and absolute discretion, suspend or terminate your account and your ability to use the Services or portion thereof for failure to comply with these Terms of Service or any special terms related to a particular service.
5. Use Of Services
The content made available via the Services, such as text, data, information, graphics, images, audio, video and other material, as well as the domain names, tagline, organisation and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United Kingdom and foreign countries, and is owned or controlled by Apudos or by Third-Parties that have licensed their Content to Apudos. Unauthorised use of the Content may violate copyright, trademark, and other laws.
6. The Apudos Service
Once you are registered by your Property Staff to use the Apudos Services, your deliveries will be delivered directly to your lockers for your registered location (your “Location”). Apudos is not responsible for any items/parcels ordered by you to be delivered to your Location. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Once you are notified that a item/parcel has been delivered, you will need to pick up the item/parcel from your Location. You should check with your Property Staff whether there are any size limits on parcels that can be received in the Location. If your parcel is not picked up in the time allotted, Apudos or the Property Staff may return such parcel to the sender or dispose of it for health and safety reasons. You may be responsible for paying return shipping and handling costs. In no event will Apudos be responsible for shipping and handling charges associated with returning a parcel to the sender in accordance with this policy. If a locker lock or code is not working properly, please inform the Property Staff, or contact Apudos by emailing [email protected]. We will endeavour to maintain working order of the lockers and to fix any malfunctions within twenty-four (24) business hours of notification (Monday – Friday, 9am – 6pm), or within 48 business hours if a service trip is required.
7. Privacy and Your Personal Information
You should review Apudos Privacy Policy at https://www.apudos.com/privacy for more information regarding the ways in which Apudos collects, uses and shares this information and other information relating to you. By using the Services, you consent to the collection, use and sharing of this information in accordance with this paragraph, paragraph 7 below, and our Privacy Policy.
8. Recordings
Apudos may record video, take pictures of users and parcel labels or capture a signature when parcels are dropped off or picked up. You consent to Apudos right to capture you or your likeness via videotape, film, record, or photograph, and in exchange for the right to use the Services. You acknowledge and agree that Apudos may share such video/images with your building owner/manager. You hereby irrevocably grant Apudos the non-exclusive, fully-paid, royalty-free, transferable, sub- licensable, worldwide, unrestricted, and perpetual right to (1) use any such videotape, film, record or photograph of you and/or your signature to provide and solely improve the Services and (2) use, and permit to be used, your name and identity solely in connection with Apudos performance and delivery of their Services. You hereby waive all rights and release Apudos and its affiliates, and their officers, directors, employees and agents from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of your identity, likeness or voice in connection with the Services. You acknowledge that Apudos shall not owe any financial or other remuneration for using the recordings provided hereunder, either for initial or subsequent transmission or playback, and further acknowledge that the Apudos is not responsible for any expense or liability incurred as a result of your recordings or participation in any recordings, including any loss of such recording data.
9. Rules Of Conduct
Your use of the Services is expressly conditioned upon you complying with the following restrictions: You must take care when accessing the concierge or locker location as other users may also be present collecting their parcels. You must not open or tamper with any other parcels/lockers other than your own. You should also not allow other people into the locker room using your credentials. If they are valid users they will have been sent their own access code. You must not damage or interfere with the access screen or its connections. When you have collected your parcel you must close the locker door afterwards. Repeat offenders may be restricted from using the service. Apudos reserve the right to accept delivery of parcels if rules of conduct are not adhered to. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Application or any portion of the Services, without Apudos express written consent, which may be withheld in Apudos sole discretion; You may not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available Third-Party web browsers. You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services. You may not post or transmit any message which is libellous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. You may not interfere with other users’ use of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Services, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Services infrastructure or that negatively affects the availability of the Services to others. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club userships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited. Apudos will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. Apudos may involve and co-operate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Apudos has no obligation to monitor your access to or use of the Services or to review or edit any user content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Apudos reserves the right, at any time and without prior notice, to remove or disable access to any content, including any user content, that Apudos, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service.
10. Links To Third-Party Sites, Products, And Services
The Services may contain links to Third-Party websites, applications, products, and services that are offered and/or maintained by others (collectively, “Third-Party Services”). Any such links are provided solely as a convenience to you and not as an endorsement by Apudos of the Third-Party Services. Apudos is not responsible for such Third-Party Services and does not make any representations or warranties regarding such Third-Party Services or the privacy practices of such Third-Parties. If you decide to access such Third-Party Services, you do so at your own risk.
11. Limitation Of Our Liability
Other users and Property Staff have access to the Locker Location and therefore parcels are delivered to and stored at the Location at your own risk. You are advised to take out insurance to cover the full replacement value of your parcels. Property Staff are providing Apudos Services to you, and as such, Apudos accepts no liability for: (a) any damage caused to parcels in the process of delivery or by other users of the Location; or (b) as a result of fire, flood or other occurrence at the Location; or (c) for any theft or loss of or damage to parcels from the Location. Contact Property Staff if you cannot find your delivered parcel or if it appears to have been damaged. In no event will Apudos aggregate liability arising out of or in connection with these Terms of Service or from the use of or inability to use the Services exceed fifty pounds (£50.00). Nothing in these Terms of Service shall limit or exclude Apudos liability for: (a) Death or personal injury caused by our negligence; (b) Fraud or fraudulent misrepresentation; or (c) Any other liability which cannot be limited or excluded by law.
12. General
Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Application and the Services will be construed in accordance with and determined by the laws of England and any claims or causes of action arising out of or in connection with your use of the Application and the Services will be determined by the English Courts. You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Apudos prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Apudos may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. The failure of Apudos to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Apudos. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
13. Contact
Apudos In the event of a complaint, feedback, or to request further information, we may be contacted by post or email. Postal address: Kemp House, 152-160 City Road, London, EC1V 2NX Email address: [email protected]
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