OddBox Delivery Ltd - 2018 Terms & Conditions of use
These terms and conditions apply between you, as User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Oddbox Delivery Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Oddbox Delivery Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Oddbox Delivery Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of OddBox Delivery Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Oddbox Delivery Ltd.
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes, including if you do not live in our delivery area, or if you breach these terms and conditions.
8. You may cancel your registration at any time by accessing informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to other websites
9. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Oddbox Delivery Ltd or that of our affiliates.
10. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
11. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
For the purposes of EU data protection law, Oddbox Delivery Limited is your data controller.
14. Information We Collect:
a. In running and operating this website we may collect and process certain data and information relating to you and your use of this site. This data and information is detailed below:
i. We collect and store the information which you give us via forms on our website or apps - such as your name, address, email address, phone number (“contact data”) - or when communicating with us by email, or in some other way.
ii. We may also collect and store your IP address (“customer behaviour data”) to improve your shopping experience by suggesting suitable products for you, based on previous purchases.
iii. We collect your bank card details (payment information) in order to process payments and refunds.
iv. We collect survey data (biannual survey, etc.) which can include household makeup (number or kids and age bracket), age (bracket not birthday), gender and food preferences/allergies in order to understand how we are serving different types of customers and what we need to do to improve their experience
Under GDPR, we will use the lawful basis of “contractual”, where we use contact and payment data to fulfil orders. When we use contact, survey, or customer behaviour data for marketing reasons, the lawful basis will be “consent”, or “legitimate interest”. If you would like further information, please contact us using the details within this privacy notice.
15. The information we collect is used in the following way:
i. We use “contact data” to provide our services : e.g. send service messages, communicate to you about your account/orders and to fulfil orders. We use “payment information” to process payments and refunds.
ii. If you have given permission, we may use your “contact data” to send you marketing emails, mails, calls or SMS with details of our, or third party goods or services which may be of interest to you, including information about special offers or promotions. We may use information we collect on you to recommend you recipes and to improve our service for you and other customers.
iv. If you supply us with a friend’s email address for the "Refer A Friend" programme, we will use that email address to send a special offer to your friend. We will provide your name in the offer email to your friend, so that they know where we got their contact details from.
v. We retain your data during a period of 36 months after the last order. We do that in order to comply with legal obligations, enforce our terms and conditions, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations and take other actions as permitted by law.
17. We may allow access to your personal data by third parties who supply us with a service. Examples include e-commerce platform providers, couriers (to enable delivery of goods), website hosts, content delivery networks and businesses which assist us in undertaking communications or monitoring our website. We share your payment information with Stripe (our payment gateway) in order to process the payments of your orders and any potential refund, your contact details to Mailchimp in order to send our newsletter, your contact details to Xero Ltd to issue our clients with invoices for services we provide them with.Your personal data may be supplied by our payment partners to relevant third parties including credit reference and fraud prevention agencies, who may keep a record of that information. We may disclose personal data so far as reasonably necessary if we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if there has been a complaint about content posted by you, or if we are required to do so by law or appropriate authority.
17. You have the right to request a copy of your information, to rectify your information, to opt out from marketing communications and to request the deletion of your information. Below, we describe the processes for making these requests.
i. Update / rectify your information: You can easily correct/change the following personal information on “My Account” page by logging in to your account on our website or apps: first name and last name, email address, phone number, payment details, billing address, delivery address.
Alternatively you can contact us at email@example.com.
ii. Opt out of marketing communications: You can easily opt out by emailing us at firstname.lastname@example.org.
iii. Access your information: You have the right to request personal data that we hold about you, subject to us reserving the right to withhold such data to the extent permitted by law. Contact us at email@example.com.
iv. Delete your information: You have the right to request to delete all the personal data that we hold about you. Contact us at firstname.lastname@example.org.
If you wish to contact us about anything to do with your data and Oddbox, please Contact us at email@example.com.
19. A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don't have to keep re-entering them whenever you come back to the site or browse from one page to another.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
20. We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
21. Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended.
The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.
Some of our pages or subsites may use additional or different cookies to the ones described above. If so, the details of these will be provided in their specific cookies notice page. You may be asked for your agreement to store these cookies.
22. You can control and/or delete cookies as you wish - for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.
Availability of the Website and disclaimers
23. Any online facilities, tools, services or information that Oddbox Delivery Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Oddbox Delivery Ltd is under no obligation to update information on the Website.
24. Whilst Oddbox Delivery Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
25. Oddbox Delivery Ltd accepts no liability for any disruption or non-availability of the Website.
26. Oddbox Delivery Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
27. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
28. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
29. To the maximum extent permitted by law, Oddbox Delivery Ltd accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
30. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
31. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
33. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
34. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
35. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
36. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.
Oddbox Delivery Ltd details
37. Oddbox Delivery Ltd is a company incorporated in England and Wales and it operates the Website www.oddbox.co.uk.
38. Oddbox Delivery Ltd owns the Trademark to Oddbox.
You can contact Oddbox by email at firstname.lastname@example.org.