1.
Agreement to Terms
1.1
These Terms and Conditions constitute a legally
binding agreement made between you, whether
personally or on behalf of an entity (
you
), and
ScocoDelivery
,
located at
__________
,
__________
,
__________
,
Ghana
(
we
,
us
), concerning your access to and use of
the
ScocoDelivery
(
https://www.scocodelivery.com
)
website as well as any related
applications (the
Site
).
The Site provides the following services:
Food Delivery APP that brings users
favourite restaurants to their
doorstep
(
Services
). You agree that by accessing the Site
and/or Services, you have read, understood,
and agree to be bound by all of these Terms
and Conditions.
If you do not agree with all of these
Terms and Conditions, then you are
prohibited from using the Site and
Services and you must discontinue use
immediately
. We recommend that you print a copy of
these Terms and Conditions for future
reference.
1.2
The supplemental policies set out in Section
1.7 below, as well as any supplemental terms
and condition or documents that may be
posted on the Site from time to time, are
expressly incorporated by reference.
1.3
We may make changes to these Terms and
Conditions at any time. The updated version
of these Terms and Conditions will be
indicated by an updated "Revised" date and
the updated version will be effective as
soon as it is accessible. You are
responsible for reviewing these Terms and
Conditions to stay informed of updates. Your
continued use of the Site represents that
you have accepted such changes.
1.4
We may update or change the Site from time
to time to reflect changes to our products,
our users' needs and/or our business
priorities.
1.5
Our site is directed to people residing in
the
__________
. The information provided on the Site is
not intended for distribution to or use by
any person or entity in any jurisdiction or
country where such distribution or use would
be contrary to law or regulation or which
would subject us to any registration
requirement within such jurisdiction or
country.
1.6
The Site is intended for users who are at
least 18 years old. If you are under the age
of 18, you are not permitted to register for
the Site or use the Services without
parental permission.
1.7
Additional policies which also apply to your
use of the Site include:
-
Our Privacy Notice
https://scocodelivery.com/privacy-policy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate .
-
Our Acceptable Use Policy
https://scocodelivery.com/privacy-policy , which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy .
-
Our Cookie Policy
https://scocodelivery.com/privacy-policy , which sets out information about the cookies on the Site.
-
If you purchase
physical goods services https://scocodelivery.com/terms-and-conditions will apply to the
2.
Acceptable Use
2.1
Our full Acceptable
Use Policy
https://scocodelivery.com/privacy-policy
, sets out all the permitted uses and
prohibited uses of this site.
2.2
You may not access
or use the Site for any purpose other
than that for which we make the site and
our services available. The Site may not
be used in connection with any
commercial endeavors except those that
are specifically endorsed or approved by
us.
2.3
As a user of this Site, you agree not to:
-
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
-
Use a buying agent or purchasing agent to make purchases on the Site
-
Use the Site to advertise or sell goods and services
-
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
-
Engage in unauthorized framing of or linking to the Site
-
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
-
Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
-
Make improper use of our support services, or submit false reports of abuse or misconduct
-
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
-
Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
-
Attempt to impersonate another user or person, or use the username of another user
-
Sell or otherwise transfer your profile
-
Use any information obtained from the Site in order to harass, abuse, or harm another person
-
Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
-
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
-
Attempt to access any portions of the Site that you are restricted from accessing
-
Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
-
Delete the copyright or other proprietary rights notice from any of the content
-
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
-
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
-
Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
-
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
-
Use the Site in a manner inconsistent with any applicable laws or regulations
-
Threaten users with negative feedback or offering services solely to give positive feedback to users
-
Misrepresent experience, skills, or information about a User
-
Advertise products or services not intended by us
- Falsely imply a relationship with us or another company with whom you do not have a relationship
3.
Information you provide to us
3.1 You represent
and warrant that: (a) all registration information
you submit will be true, accurate, current, and
complete and relate to you and not a third party;
(b) you will maintain the accuracy of such
information and promptly update such information as
necessary; (c) you will keep your password
confidential and will be responsible for all use of
your password and account; (d) you have the legal
capacity and you agree to comply with these Terms
and Conditions; and (e) you are not a minor in the
jurisdiction in which you reside, or if a minor, you
have received parental permission to use the
Site.
If you know or suspect that anyone other
than you knows your user information (such
as an identification code or user name)
and/or password you must promptly notify us
at
support@scocodelivery.com
.
3.2 If you provide
any information that is untrue, inaccurate, not
current or incomplete, we may suspend or terminate
your account. We may remove or change a user name
you select if we determine that such user name is
inappropriate.
3.3 As part of
the functionality of the Site, you may link your
account with online accounts you may have with third
party service providers (each such account, a
Third Party Account
) by either: (a) providing your Third Party Account
login information through the Site; or (b) allowing
us to access your Third Party Account, as is
permitted under the applicable terms and conditions
that govern your use of each Third Party
Account.
You represent that you are entitled to
disclose your Third Party Account login
information to us and/or grant us access to
your Third Party Account without breach by
you of any of the terms and conditions that
govern your use of the applicable Third
Party Account and without obligating us to
pay any fees or making us subject to any
usage limitations imposed by such third
party service providers.
3.4 By granting us
access to any Third Party Accounts, you understand
that (a) we may access, make available and store (if
applicable) any content that you have provided to
and stored in your Third Party Account (the
"
Social Network Content
") so that it is available on and through the Site
via your account, including without limitation any
friend lists; and (b) we may submit and receive
additional information to your Third Party Account
to the extent you are notified when you link your
account with the Third Party Account.
Depending on the Third Party Accounts you
choose and subject to the privacy settings
that you have set in such Third Party
Accounts, personally identifiable
information that you post to your Third
Party Accounts may be available on and
through your account on the Site. Please
note that if a Third Party Account or
associated service becomes unavailable or
our access to such Third Party Account is
terminated by the third party service
provider, then Social Network Content may no
longer be available on and through the
Site.
You will have the ability to disable the
connection between your account on the Site
and your Third Party Accounts at any time.
Please note that your relationship with
the third party service providers
associated with your third party
accounts is governed solely by your
agreement(s) with such third party
service providers.
We make no effort to review any Social
Network Content for any purpose, including
but not limited to, for accuracy, legality
or non-infringement, and we are not
responsible for any Social Network
Content.
You acknowledge and agree that we may access
your email address book associated with a
Third Party Account and your contacts list
stored on your mobile device or tablet
computer solely for purposes of identifying
and informing you of those contacts who have
also registered to use the Site. At your
email request to
support@scocodelivery.com
or through your account settings (if
applicable), we will deactivate the
connection between the Site and your Third
Party Account and attempt to delete any
information stored on our servers that was
obtained through such Third Party Account,
except the username and profile picture that
became associated with your account.
4.
Content you provide to us
4.1
There may be opportunities for you to post
content to the Site or send feedback to us
(
User Content
). You understand and agree that your User
Content may be viewed by other users on the
Site, and that they may be able to see who
has posted that User Content.
4.2 In posting
User Content, including reviews or making contact
with other users of the Site you shall comply with
our Acceptable Use Policy
https://scocodelivery.com/privacy-policy
.
4.3 You warrant
that any User Content does
comply with our Acceptable Use
Policy, and you will be liable
to us and indemnify us for any
breach of that warranty. This
means you will be responsible
for any loss or damage we suffer
as a result of your breach of
this warranty.
4.4 We have the right
to remove any User Content you
put on the Site if, in our
opinion, such User Content does
not comply with the Acceptable
Use Policy.
4.5 We are not responsible and accept no
liability for any User Content including any
such content that contains incorrect
information or is defamatory or loss of User
Content. We accept no obligation to screen,
edit or monitor any User Content but we
reserve the right to remove, screen and/or
edit any User Content without notice and at
any time. User Content has not been verified
or approved by us and the views expressed by
other users on the Site do not represent our
views or values.
4.6 If you wish to complain
about User Content uploaded by other
users please contact us
at
support@scocodelivery.com
.
5.
Our content
5.1 Unless otherwise
indicated, the Site and Services
including source code, databases,
functionality, software, website
designs, audio, video, text,
photographs, and graphics on the
Site (
Our Content
) are owned or licensed to us, and
are protected by copyright and trade
mark laws.
5.2 Except as expressly
provided
in these Terms and Conditions, no
part of the Site, Services or Our
Content may be copied, reproduced,
aggregated, republished, uploaded,
posted, publicly displayed, encoded,
translated, transmitted,
distributed, sold, licensed, or
otherwise exploited for any
commercial purpose whatsoever,
without our express prior written
permission.
5.3 Provided that you
are eligible to use the Site, you
are granted a limited licence to
access and use the Site and Our
Content and to download or print a
copy of any portion of the Content
to which you have properly gained
access solely for your personal,
non-commercial use.
5.4 You shall not
(a) try to gain unauthorised access
to the Site or any networks, servers
or computer systems connected to the
Site; and/or (b) make for any
purpose including error correction,
any modifications, adaptions,
additions or enhancements to the
Site or Our Content, including the
modification of the paper or digital
copies you may have
downloaded.
5.5 We shall
(a) prepare the Site and Our Content
with reasonable skill and care; and
(b) use industry standard virus
detection software to try to block
the uploading of content to the Site
that contains viruses.
5.6 The content on
the Site is provided for general
information only. It is not intended
to amount to advice on which you
should rely. You must obtain
professional or specialist advice
before taking, or refraining from
taking, any action on the basis of
the content on the Site.
5.7 Although
we make reasonable efforts to update
the information on our site, we make
no representations, warranties or
guarantees, whether express or
implied, that Our Content on the
Site is accurate, complete or up to
date.
6.
Link to third party content
6.1 The Site may
contain links to websites or
applications operated by third parties.
We do not have any influence or control
over any such third party websites or
applications or the third party
operator. We are not responsible for and
do not endorse any third party websites
or applications or their availability or
content.
6.2 We accept no
responsibility for adverts contained
within the Site. If you agree to
purchase goods and/or services from any
third party who advertises in the Site,
you do so at your own risk. The
advertiser, and not us, is responsible
for such goods and/or services and if
you have any questions or complaints in
relation to them, you should contact the
advertiser.
7.
Site Management
7.1 We reserve
the right at our sole discretion, to
(1) monitor the Site for breaches of
these Terms and Conditions; (
2
) take appropriate legal action
against anyone in breach of
applicable laws or these Terms and
Conditions;
(
3
) refuse, restrict access to or
availability of, or disable (to
the extent technologically
feasible) any of your
Contributions;
(
4
) remove from the Site or otherwise
disable all files and content that
are excessive in size or are in any
way a burden to our systems; and
(
5
) otherwise manage the Site in a
manner designed to protect our
rights and property and to
facilitate the proper functioning of
the Site and Services.
7.2 We do not
guarantee that the Site will be
secure or free from bugs or
viruses.
7.3 You are responsible
for configuring your information
technology, computer programs and
platform to access the Site and you
should use your own virus protection
software.
8.
Modifications to and availability of the Site
8.1 We reserve
the right to change, modify, or
remove the contents of the Site at
any time or for any reason at our
sole discretion without notice. We
also reserve the right to modify or
discontinue all or part of the
Services without notice at any
time.
8.2 We cannot
guarantee the Site and Services will
be available at all times. We may
experience hardware, software, or
other problems or need to perform
maintenance related to the Site,
resulting in interruptions, delays,
or errors. You agree that we have no
liability whatsoever for any loss,
damage, or inconvenience caused by
your inability to access or use the
Site or Services during any downtime
or discontinuance of the Site or
Services. We are not obliged to
maintain and support the Site or
Services or to supply any
corrections, updates, or
releases.
8.3 There may be
information on the Site that
contains typographical errors,
inaccuracies, or omissions that may
relate to the Services, including
descriptions, pricing, availability,
and various other information. We
reserve the right to correct any
errors, inaccuracies, or omissions
and to change or update the
information at any time, without
prior notice.
9.
Disclaimer/Limitation of Liability
9.1 The Site and Services
are provided on an as-is and
as-available basis. You agree that
your use of the Site and/or Services
will be at your sole risk except as
expressly set out in these Terms and
Conditions. All warranties, terms,
conditions and undertakings, express
or implied (including by statute,
custom or usage, a course of
dealing, or common law) in
connection with the Site and
Services and your use thereof
including, without limitation, the
implied warranties of satisfactory
quality, fitness for a particular
purpose and non-infringement are
excluded to the fullest extent
permitted by applicable law.
We make no
warranties or representations about
the accuracy or completeness of the
Site’s content and are not liable
for any (1) errors or omissions in
content; (2) any unauthorized access
to or use of our servers and/or any
and all personal information and/or
financial information stored on our
server; (3) any interruption or
cessation of transmission to or from
the site or services; and/or (4) any
bugs, viruses, trojan horses, or the
like which may be transmitted to or
through the site by any third party.
We will not be responsible for any
delay or failure to comply with our
obligations under these Terms and
Conditions if such delay or failure
is caused by an event beyond our
reasonable control.
9.2 Our responsibility for loss or damage
suffered by you:
Whether you are a consumer or a
business user:
-
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 and for
fraud or fraudulent
misrepresentation.
- If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding
anything
to
the
contrary
contained
in
the
Disclaimer/Limitation
of
Liability
section,
our
liability
to
you
for
any
cause
whatsoever
and
regardless
of
the
form
of
the
action,
will
at
all
times
be
limited
to
a
total
aggregate
amount
equal
to
the
greater
of
(a)
the
sum
of
£5000
or
(b)
the
amount
paid,
if
any,
by
you
to
us
for
the
Services/Site
during
the
six
(6)
month
period
prior
to
any
cause
of
action
arising.
Different
limitations
and
exclusions
of
liability
will
apply
to
liability
arising
as
a
result
of
the
supply
of
any
products
to
you,
which
will
be
set
out
in
our
Terms
and
conditions
of
supply
https://scocodelivery.com/terms-and-conditions
.
If you are a business user:
We will not be
liable to you for any loss or
damage, whether in contract,
tort (including negligence),
breach of statutory duty, or
otherwise, even if foreseeable,
arising under or in connection
with:
-
use of, or
inability to use, our
Site/Services; or
-
use of or
reliance on any content
displayed on our
Site.
In particular, we will not be liable
for:
-
loss of profits, sales,
business, or
revenue;
-
business
interruption;
-
loss of anticipated
savings;
-
loss of business
opportunity, goodwill or
reputation; or
-
any indirect or
consequential loss or
damage.
If you are a consumer
user:
-
Please note that
we only
provide our
Site for
domestic and
private use.
You agree
not to use
our Site for
any
commercial
or business
purposes,
and we have
no liability
to you for
any loss of
profit, loss
of business,
business
interruption,
or loss of
business
opportunity.
-
If defective digital
content that
we have
supplied,
damages a
device or
digital
content
belonging to
you and this
is caused by
our failure
to use
reasonable
care and
skill, we
will either
repair the
damage or
pay you
compensation.
-
You have legal r
ights in
relation to
goods that are
faulty or not as
described.
Advice about
your legal
rights is
available from
your local
Citizens' Advice
Bureau or
Trading
Standards
office. Nothing
in these Terms
and Conditions
will affect
these legal
rights.
10.
Term and Termination
10.1
These Terms and Conditions
shall remain in full
force and effect while
you use the Site or
Services or are
otherwise a user of the
Site, as applicable. You
may terminate your use
or participation at any
time, for any reason, by
following the
instructions for
terminating user
accounts in your account
settings, if available,
or by contacting us at
support@scocodelivery.com
.
10.2
Without limiting
any other provision of
these Terms and
Conditions, we reserve
the right to, in our
sole discretion and
without notice or
liability, deny access
to and use of the Site
and the Services
(including blocking
certain IP addresses),
to any person for any
reason including without
limitation for breach of
any representation,
warranty or covenant
contained in these Terms
and Conditions or of any
applicable law or
regulation.
If we determine,
in our sole discretion,
that your use of the
Site/Services is in
breach of these Terms
and Conditions or of any
applicable law or
regulation, we may
terminate your use or
participation in the
Site and the Services or
delete
your profile and
any content or
information that you
posted at any time,
without warning, in our
sole discretion.
10.3
If we terminate
or suspend your account
for any reason set out
in this Section 9, you
are prohibited from
registering and creating
a new account under your
name, a fake or borrowed
name, or the name of any
third party, even if you
may be acting on behalf
of the third party. In
addition to terminating
or suspending your
account, we reserve the
right to take
appropriate legal
action, including
without limitation
pursuing civil,
criminal, and injunctive
redress.
11.
Mobile Application
11.1
If you access
the Services via a mobile
application, then we grant
you a revocable,
non-exclusive,
non-transferable, limited
right to install and use the
mobile application on
wireless electronic devices
owned or controlled by you,
and to access and use the
mobile application on such
devices strictly in
accordance with the terms
and conditions of this
license.
11.2
For business users only
- You will not:
(a) reverse engineer
, decompile or otherwise
try to discover the
source code of the
software/application
unless you have first
written to us requesting
interoperability
information and we have
failed to provide you
with that information or
if we have failed to
offer to provide you
with interoperability
information on
reasonable
conditions;
(b) make any
modification,
adaptation, improvement,
enhancement, translation
or derivative work from
the application;
(c) breach any
applicable
laws, rules or
regulations in
connection with your
access or use of the
application;
(d) remove, alter or
obscure
any proprietary
notice (including
any notice of
copyright or trade
mark) posted by us
or the licensors of
the
application;
(e) use the application for Site
for any
revenue generating
endeavor, commercial
enterprise, or other
purpose for which it
is not designed or
intended;
(f) make the
application
available over a
network or other
environment
permitting access or
use by multiple
devices or users at
the same time;
(g) use the application
for
creating a product,
service or software that
is, directly or
indirectly, competitive
with or in any way a
substitute for the
application;
(h) use the application
to
send automated
queries to any
website or to send
any unsolicited
commercial e-mail;
or
(i) use any
proprietary
information or any
of our interfaces or
our other
intellectual
property in the
design, development,
manufacture,
licensing or
distribution of any
applications,
accessories or
devices for use with
the
application.
11.3
The following terms apply
when you use a mobile
application obtained from
either the Apple Store or
Google Play (each an App
Distributor) to access the
Services:
(a) The licence granted
to you for our mobile
application is limited to a
non-transferable licence to
use the application on a
device that utilizes the
Apple iOS or Android
operating system, as
applicable, and in
accordance with the usage
rules set forth in the
applicable App Distributor
terms of service;
(b) We are responsible
for providing any
maintenance and support
services with respect to the
mobile application as
specified in these Terms and
Conditions or as otherwise
required under applicable
law. You acknowledge that
each App Distributor has no
obligation whatsoever to
furnish any maintenance and
support services with
respect to the mobile
application;
(c) In the event of any failure of
the mobile application to conform to
any applicable warranty, you may
notify an App Distributor, and the
App Distributor, in accordance with
its terms and policies, may refund
the purchase price, if any, paid for
the mobile application, and to the
maximum extent permitted by
applicable law, an App Distributor
will have no other warranty
obligation whatsoever with respect
to the mobile application;
(d) You represent and warrant
that (i) you are not located
in a country that is subject
to a U.S. government
embargo, or that has been
designated by the U.S.
government as a "terrorist
supporting" country; and
(ii) you are not listed on
any U.S. government list of
prohibited or restricted
parties;
(e) You must comply
with applicable third party
terms of agreement when
using the mobile
application, e.g., if you
have a VoIP application,
then you must not be in
breach of their wireless
data service agreement when
using the mobile
application; and
(f) You acknowledge
and agree that the App
Distributors are third party
beneficiaries of these Terms
and Conditions, and that
each App Distributor will
have the right (and will be
deemed to have accepted the
right) to enforce these
Terms and Conditions against
you as a third party
beneficiary thereof.
12.
General
12.1
Visiting the Site,
sending us emails, and
completing online forms
constitute electronic
communications. You
consent to receive
electronic
communications and you
agree that all
agreements, notices,
disclosures, and other
communications we
provide to you
electronically, via
email and on the Site,
satisfy any legal
requirement that such
communication be in
writing.
You hereby agree to the
use
of electronic
signatures,
contracts, orders
and other records
and to electronic
delivery of notices,
policies and records
of transactions
initiated or
completed by us or
via the
Site.
You hereby waive any
rights or requirements
under any statutes,
regulations, rules,
ordinances or other laws
in any jurisdiction
which require an
original signature or
delivery or retention of
non-electronic records,
or to payments or the
granting of credits by
other than electronic
means.
12.2
These Terms and Conditions
and any policies or
operating rules posted
by us on the Site or in
respect to the Services
constitute the entire
agreement and
understanding between
you and us.
12.3
Our failure to exercise
or enforce any right or
provision of these Terms
and Conditions shall not
operate as a waiver of
such right or
provision.
12.4
We may assign any or all of our
rights and obligations to others at
any time.
12.5
We shall not be
responsible or liable
for any loss, damage,
delay or failure to act
caused by any cause
beyond our reasonable
control.
12.6
If any provision
or part of a provision
of these Terms and
Conditions is unlawful,
void or unenforceable,
that provision or part
of the provision is
deemed severable from
these Terms and
Conditions and does not
affect the validity and
enforceability of any
remaining
provisions.
12.7
There is no joint
venture, partnership,
employment or agency
relationship created
between you and us as a
result of these Terms
and Conditions or use of
the Site or
Services.
12.8
For consumers only
-
Please note that
these Terms and
Conditions, their
subject matter and
their formation, are
governed by English
law. You and we both
agree that the
courts of England
and Wales will have
exclusive
jurisdiction expect
that if you are a
resident of Northern
Ireland you may also
bring proceedings in
Northern Ireland,
and if you are
resident of
Scotland, you may
also bring
proceedings in
Scotland. If you
have any complaint
or wish to raise a
dispute under these
Terms and Conditions
or otherwise in
relation to the Site
please follow this
link
http://ec.europa.eu/odr
.
12.9
For business users only
-
If you are a business
user, these Terms and
Conditions, their
subject matter and their
formation (and any
non-contractual disputes
or claims) are governed
by English Law. We both
agree to the exclusive
jurisdiction of the
courts of England and
Wales.
12.10
The following are
trade marks of
ScocoDelivery
. You are not permitted
to use them without our
approval,
unless they are part
of material our Site
explicitly states
you are permitted to
use.
-
ScocoDelivery , trade marked inGhana
12.11
Except as stated under the
Mobile Application section,
a
person who is not a party to these Terms and
Conditions shall have no right under the
Contracts (Rights of Third Parties) Act 1999 to
enforce any term of these Terms and
Conditions.
12.12
In order to resolve
a complaint regarding
the Services or to
receive further
information regarding
use of the Services,
please contact us by
email at
support@scocodelivery.com
