Welcome to our application (the “App“). This App is published by or on behalf of Hurry Here Now Limited (“Hurry Here Now” or “We” or “Us“) a company registered in England and Wales under company number 09223082 whose registered office at Tempus Tax Ltd, Netley House, Shere Road, Gomshall, Guildford, Surrey GU5 9QA England.
These Terms apply to persons or entities who utilise the App in their capacity as providers of goods and/or services to consumer users of the App (a “Retailer”). If you wish to utilise the App as a “user” you must accept the user terms otherwise provided.
The App is made available to you by way of a non-transferable, non-exclusive, royalty free, revocable licence for your own use. The App may only be used for the purposes set out herein and not for any illegal or unauthorised purpose. When you use the App you must comply with all applicable UK laws, regulations or applicable industry codes of conduct, and with any applicable international laws, regulations or applicable industry codes of conduct, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
You agree to indemnify Hurry Here Now in full and on demand from and against any loss, damage, costs or expenses which it suffers or incurs directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
To utilise the App as a Retailer you must register as such and open an account as provided (an “Account”). Your Account is provided free of charge.
To open an Account and utilise it in the future you will be required to create a password. Your password must not be shared with any third party.
Your Account will allow you to upload offers of goods and/or services to users of the App (“Offers”). Any Offers shall be subject to such maximum time limits (if any) imposed from time to time by Us and set out on the "Retailer Dashboard" on the landing page of the App. You may also upload pictures and/or other materials relating to your Offer, provided such materials do not exceed any file size prescribed by Us from time to time.
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) (but excluding content uploaded by you) is owned by Hurry Here Now or licensed to it by other users or suppliers. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Hurry Here Now’s express permission.
You understand that by using the App, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the App at your sole risk and agree that Hurry Here Now shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Use of the App may display, include or make available content, data, information, applications or material from third parties, including user comments and reviews (“Third Party Materials”). By using the App, you acknowledge and agree that Hurry Here Now is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Hurry Here Now does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials are provided solely as a convenience to you. Hurry Here Now does not guarantee the availability, accuracy, completeness, reliability, or timeliness of any information, comments, reviews or services provided by any Third Parties, or accepts any liability in relation thereto.
Where the App permits you to upload any material that may be viewed by others, you agree that:
Hurry Here Now reserves the right to (a) delete any content displayed on the App or (b) disable your Account, at any time.
The trademarks, service marks, and logos (“
Use of the App is at your own risk. The App is provided on an “as is” basis. To the maximum extent permitted by law: (a) Hurry Here Now disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the App; and (b) all implied warranties, terms and conditions relating to the App (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between Hurry Here Now and you, hereby excluded. In particular, but without prejudice to the foregoing, We accept no responsibility for any technical failure of the internet and/or the App; or any damage or injury to users or their equipment as a result of or relating to their use of the App. Your statutory rights are not affected.
Hurry Here Now will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
If Hurry Here Now is liable to you directly or indirectly in relation to the App, that liability (howsoever arising) shall be limited to twenty pounds sterling (£20.00).
Nothing in these Terms shall be construed as excluding or limiting the liability of Hurry Here Now for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
Hurry Here Now reserves the right to suspend or cease providing any services relating to the App with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
These Terms (as amended from time to time) constitute the entire agreement between you and Hurry Here Now concerning your use of the App as a Retailer.
Hurry Here Now reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Hurry Here Now.
These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
Hurry Here Now's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hurry Here Now in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and Hurry Here Now.
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