VELLITY TERMS & CONDITIONS

Effective: Nov 13th 2020 (Version 1.0)

  1. INFORMATION ABOUT US AND OUR WEBSITE
    1. Who we are. The website www.vellity.com (our “website”) is owned, operated and managed by Vellity UK Ltd (“Vellity” / “we” / “us / our”), a private limited company registered in England and Wales with company number 12190534, and a registered office address at Unit 6 Queens Yard, White Post Lane, London, United Kingdom, E9 5EN.
    2. What our website does. We are the provider of a logistics management platform only. Our website is one of several user interfaces that allow individuals and companies (“you”) to access the Vellity platform to arrange, schedule and track the receipt of parcels from participating third parties (“Shippers”). Via the Vellity platform, you can communicate directly with individual drivers performing the deliveries (“Delivery Partners”). These communication and scheduling services are collectively known as the (“Platform Services”).
    3. You will need to be a registered user to gain full access to our website. Certain features of our website are only available to users who have registered in accordance with clause 3.
  2. TERMS OF USE
    1. Use of our website is subject to these terms. This page, together with the documents referred to on this page (“Website Terms & Conditions”) contains the terms on which you may use our website. Please read these Website Terms & Conditions carefully before you use our website. By using our website, you will be deemed to have accepted these Website Terms & Conditions in full and you agree to abide by them regardless of whether or not you choose to register on our website. Note that clause headings shall not affect the interpretation of these Website Terms & Conditions. If you do not agree to these Website Terms & Conditions, please refrain from using our website and leave our website immediately.
    2. There are other terms that may apply to you. These Website Terms & Conditions also refer to the following terms, which also apply to the use of our website:
      1. Vellity users’ website privacy notice: www.vellity.com/privacy.
    3. Where you are using the website as an individual, we only provide our website for personal and private use. You, as an individual, 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. 
    4. Where you are using the website as a company, with multiple users (“Authorised Users”), you may use the website for your own internal business purposes.
      1. Each company account shall include access for up to five distinct natural persons as Authorised Users. We may permit you to add additional Authorised Users, subject to payment of any additional fees as notified by us.
      2. In relation to the Authorised Users, you undertake that:
        1. the maximum number of Authorised Users you authorise to access and use the Services shall not exceed the number set out in clause 2.4.1 or which we have otherwise agreed with you in writing from time to time;
        2. each Authorised User will be required to use an email address, username, password or other combination of identifying information required by us (“Identification Data”). Authorised Users must keep their Identification Data confidential and not disclose it to any third party. If an Authorised User knows or suspects that anyone other than them knows their Identification Data, they must immediately change their Identification Data and promptly notify us (with the word ‘Security’ in the subject line) at contact@vellity.com.
        3. you will not permit the Identification Data of an Authorised User to be used by more than one individual unless it has been reassigned in its entirety to another individual with the first individual no longer having any right to use that Identification Data;
        4. you shall maintain a written, up to date list of current Authorised Users and provide such list to us within 2 business days of receiving written request from us to do so;
        5. you shall permit us or our designated auditor to audit your use of the Platform Services in order to establish compliance with these Website Terms & Conditions, such audit to be carried out at our expense on reasonable prior notice in such a manner as not to substantially interfere with your business; and
        6. if an audit reveals that any password has been provided to any individual who is not an Authorised User, then without prejudice to our other rights, you shall promptly disable such passwords and we shall not issue any new passwords to any such individual.
      3. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Parcel Services and, in the event of any such unauthorised access or use, promptly notify us.
      4. You are responsible for your Authorised Users and for any activity on the website arising out of any failure to keep Identification Data confidential, and may be held liable for any losses arising out of such a failure.
      5. Where you are using this website as a company we exclude all implied conditions, warranties, representations or other terms that may apply to our website or any Website Content. 
    5. These terms may be repeatedly updated. We may revise these Website Terms & Conditions at any time by posting an update on this page. Your continued use of our website after any such change constitutes your acceptance of the new Website Terms & Conditions and they will be binding on you. You should therefore check this page from time to time to review the current version of the Website Terms & Conditions. These Website Terms & Conditions were most recently updated on Nov 12th 2020.
  3. REGISTRATION
    1. Register with us for full functionality. In accordance with clause 1.3, to access certain functionality of our website, you are required to register with us, and to provide certain information about yourself. When you register, you agree to:
      1. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (“Registration Data”); and
      2. contact us in the event that your Registration Data changes. You can update or amend your Registration Data when you log in to our website and access your profile.
    2. Do not share your login credentials. Where you register on our website, you (and, where you are a company, your Authorised Users) will be allocated login credentials which must be used solely by you (or the relevant Authorised User). Sharing your login credentials with any other person or making them available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
        1. maintain the security of your login credentials and be fully responsible for all use of our website made using such login credentials;
        2. notify us immediately if you suspect or become aware of any unauthorised use of your login credentials or any other breach of our website’s security by sending an email giving details of the unauthorised use or other breach to contact@vellity.com; and
        3. ensure that you log out of your account at the end of each session when using a public or shared device.
    3. No liability for unauthorised use of your login credentials. We accept no liability for any losses, damages or costs arising from or in relation to your failure to comply with these requirements.
    4. We can revoke your login credentials. We have the right to disable your login credentials at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms & Conditions.
  4. PLATFORM SERVICES
    1. We provide a platform only. We do not enter into any contracts (and we are not responsible) for any transportation or delivery services. Where an item is being sent to you via our Platform Services, you will enter into a contract with the relevant Shipper directly for the delivery of the parcel. You may then log on to the website to track and trace the delivery of your parcel by the Delivery Partner.
    2. If you have registered with us, you may have the choice to meet the Delivery Partner on the street (via the “Street Meet” service) for a discount, alternatively your parcel will be delivered according to instructions listed during the job creation process or according to any adjusted directions provided within the chat function associated with that delivery job. This may include the Street Meet function which, if accepted, constitutes an agreement between you and the relevant Delivery Partner to arrange for handover on the street.
    3. You are required to create an account with us to receive the full benefits of the platform.
  5. AMENDMENTS AND CANCELLATION
    1. If you wish to amend the parcel destination, re-route the parcel or delay or accelerate its delivery once the parcel has been collected, this will be subject to an amendment fee which will be communicated to you via the website, before you submit your request. The Shipper will review your request and determine whether it is possible to make the change you have requested. If accepted, the Shipper will notify the relevant Delivery Partner of the new delivery destination (or the other change made).
    2. If you cancel your delivery, the cancellation will be dealt with in accordance with the Shipper’s cancellation policy. You must read their policy carefully before placing an order so that you understand the terms.
    3. A Shipper reserves the right to cancel an order for purchased goods in accordance with their own cancellation policy.
    4. Vellity will not be liable to pay any compensation, expenses, losses of any amount or otherwise accept responsibility as a result of a delivery being cancelled by either you, the shipper or delivery partner.
  6. ACCESSING OUR WEBSITE
    1. Our website may occasionally be unavailable. We do not guarantee that our website, or any content on it, will always be available or uninterrupted and we will not be liable for any reason if our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair for any reason.
    2. Sometimes features may be restricted. From time to time, we may for any reason restrict access to some or all of our website to any users.
    3. You may need to configure your device. You are responsible for configuring the device you use to access our website.
    4. Our website is only for users in the UK. Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
  7. YOUR DEVICE AND CONNECTIVITY
    1. You are responsible for your data charges. You acknowledge that your terms of agreement with your internet provider (including any mobile network provider) will continue to apply when using our website. As a result, you may be charged by your relevant internet or mobile network provider for access to network connection services while accessing our website. You remain at all times responsible for procuring and paying for network connection services and any other costs you may incur in relation to your use of our website.
    2. Back up any data on your device. Browsing our website on your device is at your own discretion and risk. You will be responsible for any damages to your device or loss of data that results from such use. You should back up any data on your device.
    3. Security of communications is never perfect. You acknowledge and accept that internet transmissions are never completely private or secure. You understand that any message or information you send using our website may be read or intercepted by others. It’s your responsibility to keep your smartphone or other device, and access to our website, secure.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. We own or license everything on our website. We (and our licensors as applicable) are the owner or the licensee of all intellectual property rights in our website and in particular, the material published on our website (“Website Content”), including but not limited to all trademarks, copyrights, database rights, images of items that have been uploaded by Delivery Partners and Shippers and other intellectual property rights of any nature and all underlying software code. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We license the use of our website to you on the basis of these Website Terms & Conditions.
    2. Don’t copy or attempt to sell our website content. You must not scrape, extract, download, upload, sell or offer for sale any part of our website or the Website Content and you agree not to use, or cause to be used, any computerised or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any part of our website or the Website Content. You must not bypass any measures that we may use to restrict access to, or caching of, our website.
    3. You must acknowledge our work. Our status (and that of any identified contributors) as the authors of the content of our website must always be acknowledged.
    4. You must follow these usage rules. You will not:
      1. attempt to interfere with the proper working of our website or monitor use of our website without our prior written permission;
      2. take any action that imposes an unreasonable or disproportionately large load on our website infrastructure;
      3. decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within our website;
      4. use any network monitoring or discovery software to determine our website architecture or extract information about usage, individual identities or users; or
      5. circumvent, disable or otherwise interfere with security-related features of our website including any features designed to prevent, limit or restrict use or copying of any Website Content.
    5. Do not distribute our website content. Other than as set out above or specifically authorised in writing by us, you agree not to distribute, reproduce, modify, store, transfer, recirculate to any third party or in any other way use any of the Website Content including as part of any database (electronic or otherwise), library, information, archive, website or similar service) and for any commercial purposes (including to promote or encourage the sale of your products or services, or those of any third party).

      Additionally, and for the avoidance of doubt, you will not:

      1. publish or disseminate unsolicited or unauthorised advertisements or promotional materials (including junk mail, spam, chain letters, pyramid schemes etc.) on our website;
      2. remove any copyright or trade mark notices from any of the Website Content;
      3. publish or disseminate material that infringes or may infringe the rights (including intellectual property rights) of any third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of our website by any person or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction;
      4. publish material that may negatively affect our reputation; or
      5. post to our website any link that takes a user to material that contravenes any of the restrictions set out above.
  9. NON-RELIANCE
    1. Use your own judgement and common sense. The Website Content posted on our website does not constitute any form of advice or recommendation (including of a medical nature) by us. While we endeavour to ensure Website Content is accurate, you should always use your own judgement and, where appropriate and/or feasible, verify information against other sources. You acknowledge that some of our Website Content may be supplied by third parties and so its accuracy and completeness will not have been checked by us. The views expressed by such third parties do not represent our views or values and may contain inaccuracies.
  10. OUR WEBSITE CHANGES REGULARLY
    1. Our website may contain inaccurate or out of date information. We make reasonable efforts to update the information and Website Content, however, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
  11. SUSPENSION OF ACCESS AND INDEMNITIES
    1. We may suspend your use if you breach these terms. Access to our website is permitted on a temporary basis, and we reserve the right to terminate, withdraw, cancel, amend or suspend the service we provide on our website or your access to all or any part of our website without notice if we believe you have not complied with these Website Terms & Conditions or for any other reason.
    2. If you cause us any loss or damage, we may seek compensation from you. Without prejudice to clause 11.1 you agree to compensate us in respect of any claims, losses, expenses and liabilities (including legal fees) which arise from or in relation to your use of our website or the Website Content (or any use of the same by any third party using your login credentials) or any breach of clause 8.
  12. OUR LIABILITY
    1. We are not liable for services provided by Shippers or Delivery Partners. Liability in respect of the services provided by a Shipper or Delivery Partner prior to, during or after the provision of the Platform Services offered by Vellity is a matter for the contract between you and the relevant Shipper, which Vellity is not a party to. Vellity and its employees, representatives and agents are only involved in the provision of the website and the provision of the Platform Services through the website and accept no liability whatsoever for any aspect of the parcel delivery services provided by the Shippers or Delivery Partners.
    2. Exclusion of our liability. 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 this contract 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 the contract was made, both we and you knew it might happen because it is something we have discussed prior to your use of the website as a means of connective and communication services to track parcel deliveries.
    3. If you don’t like our website, you should stop using it and tell us your concern. In the event that you are dissatisfied with us and/or the Website Content (or if you dispute these Website Terms & Conditions), to the maximum extent permitted by law, your sole right and exclusive remedy is to cease to use our website. You confirm that we have no other obligation, liability or responsibility to you or any other party if you decide to cease using your website.
    4. Arrangements made outside our website. Vellity is not responsible for any outside arrangements you may make before, during or after receiving the parcel tracking service offered by Vellity. This includes, but is not limited to, any element booked or arranged in conjunction with the parcel tracking service, even in the case where Vellity has made a recommendation, introduction, or referral.
    5. Our maximum liability. Without prejudice to clauses 12.1, 12.2 and 12.3 but subject to clause  12.6, our total liability to you:
      1. for any breach by us of our data protection obligations, as detailed under clause 13 (in each case whether in tort (including negligence), for breach of contract, misrepresentation or otherwise) will be limited to one thousand (1000) pounds sterling per claim or series of claims; and
      2. for all other claims or complaints arising out of or in connection with your use of our website or the Website Content in respect of all events occurring in any calendar year (in each case whether in tort (including negligence), for breach of contract, misrepresentation or otherwise) will be limited to twenty five (25) pounds sterling,

        in each case, unless we otherwise agree in writing.

    6. We do not exclude liability for death or injury or other specified losses where it would be unlawful to do so. Nothing in these Website Terms & Conditions will operate to exclude or limit either party’s liability for death or personal injury caused by its negligence, for any fraud or fraudulent misrepresentation, or otherwise to the extent that such liability cannot be excluded or limited under applicable law.
  13. DATA PROTECTION
    1. Our privacy notice. We have a privacy notice (“Privacy Notice”) which you can access here www.vellity.com/privacy. We strongly recommend that you read and ensure you understand our Privacy Notice prior to using our website. Any personal data we collect through your use of our website will only be used in accordance with our Privacy Notice.
  14. VIRUSES AND HACKING
    1. Do not hack or misuse our website. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server(s) on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service (“DDOS”) attack.
    2. Hackers will be prosecuted. By breaching clause 14.1, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
    3. Use appropriate anti-virus software. We use reasonable endeavours to ensure that our website does not contain or disseminate any viruses or other malicious code. However, we do not guarantee that our website will be free from bugs, viruses or malicious code and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website. We therefore recommend that you use your own virus protection software and scan regularly for the presence of viruses and other malicious code.
  15. LINKING TO OR FROM OUR WEBSITE
    1. We do not endorse other websites we link to. Links on our website to third party websites are provided solely for your convenience and should not be interpreted as approval by us of those linked websites or information that you may obtain from them. We have not reviewed any such third party websites and we do not control or take any responsibility for their content or availability. We do not endorse or make any representations about any such third party websites or any material found thereon or any results that may be obtained from your use of the same. If you decide to access any such third party website, you do so entirely at your own risk.
    2. There are rules around linking to our website. You may link to the homepage of our website only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and, on condition that you do not replicate the home page of our website. In linking to our website you must not:
      1. create a frame or any other browser or border environment around our website;
      2. imply any endorsement, association or approval by us other than with written consent, or misrepresent your relationship with us;
      3. use any logos or trademarks displayed on our website without our express written permission;
      4. link from a website that is not owned by you; or
      5. link from a website that contains content which would contravene clause 8.5 or that infringes the intellectual property rights of any person or does not comply with all applicable laws and regulations.
    3. You need our permission to link to certain webpages. You may link to other pages of our website only with our prior written consent and subject always to the same conditions as set out in clause 15.2.
    4. We can withdraw permission to link to our website. We reserve the right to withdraw linking permission without notice.
    5. Contact us if you want to use our content. If you wish to make any use of the Website Content on our website other than that set out in these Website Terms & Conditions, please address your request to contact@vellity.com.
  16. SUBMISSION OF DATA OR CONTENT TO OUR WEBSITE
    1. We have the right to use any content you upload. By submitting any data or content to our website, you:
      1. grant us a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use such content and all material and data embodied therein for any purposes including but not limited to displaying, editing, copying, reproducing, translating, disclosing, posting to and creating derivative works in connection with the service provided by our website and across different media and to promote our website and/or our services, in each case subject to our compliance with applicable law;
      2. warrant to us that you have all necessary rights and consents in place to collect and upload data to our servers and the website;
      3. acknowledge that such content will be considered non-confidential and non-proprietary;
      4. grant third parties, including but not limited to other users of our website, our partners and sponsors the right to use such content for their purposes or in accordance with the functionality of our website and in order to afford a better retail experience, in each case subject to our compliance with applicable law;
      5. waive any moral rights that you may have in any material posted to our website;
      6. warrant that all such content complies with the provisions of clause 8.5; and
      7. acknowledge that we may require you to confirm any rights in the content and the waivers and warranties above and you agree to do so within seven (7) days of our request.
    2. Always back up your data. You are solely responsible for securing and backing up your content.
    3. We can remove any content without warning. We reserve the right at our sole discretion to refuse or remove any content that is posted to or otherwise made available on our website without the need to give reasons.
    4. Contact us if you object to certain content. We will not review the Website Content posted to or made available on our website by you or any other user. Unless specifically notified of the nature of any item of content, we have no awareness of Website Content posted to or made available on our website. If you object to the publication of any Website Content posted to or made available on our website, please contact us.
    5. No liability for user-generated content. We accept no responsibility for any statements, ratings, reviews, material or other submissions placed on our website and on the Vellity platform by users.
  17. CONTACT
    1. You can contact us. You can contact us by email using contact@vellity.com, by telephone or by post to Unit 6 Queens Yard, White Post Lane, London, United Kingdom, E9 5EN. Primary contact shall remain the chat function associated with your account and associated with a specific job.
  18. GENERAL
    1. Assignment. We may transfer our rights and obligations under these Website Terms & Conditions to another organisation. We will always tell you in writing if this happens. You will not transfer your rights or your obligations under these Website Terms & Conditions to another person or entity unless we give our prior written consent.
    2. No rights for third parties. These Website Terms & Conditions do not give rise to any rights under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any of these Website Terms & Conditions, except as expressly set out in these Website Terms & Conditions.
    3. No waiver. If we do not insist immediately that you do something you are required to do under these Website Terms & Conditions, or if we delay in taking steps against you in respect of you breaching these Website Terms & Conditions, that will not mean that you will not have to do those things, and it will not prevent us from taking steps against you at a later date.
    4. Which laws apply to this contract and where you may bring legal proceedings. These Website Terms & Conditions are governed by English law and you can bring legal proceedings (including in respect of non-contractual disputes or claims) in the English courts.
    5. Severance. If any provision or part-provision of these Website Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 18.5 shall not affect the validity and enforceability of the rest of these Website Terms & Conditions.
    6. Entire agreement. These Website Terms & Conditions constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Website Terms & Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Website Terms & Conditions.
    7. Our remedies for any breach by you. Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that in some circumstances damages alone would not be an adequate remedy for breach of these Website Terms & Conditions by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Website Terms & Conditions.
    8. Profanity and discriminatory language of any kind, abuse, repeated contacting after the conclusion of services, stalking or any additional anti-social behaviour will not be tolerated and may result in the deactivation of your account and/or reporting of such activity to the relevant authorities.
  19. COMPLAINTS
    1. Complaints about deliveries or products purchased. If you are not happy with the services received from a Shipper or Delivery Partner, your primary recourse is civil dialogue with that Shipper / Delivery Partner via the chat function associated with the job in question. Please note that any complaints relating to the delivery of any parcels and/or the products you may have purchased must be directed to the relevant Shipper.
    2. Complaints about our platform. If you have any complaint, issue or are not happy with the website, or the Platform Services that we provide please let us know so we can try to resolve it.
    3. Alternative Dispute Resolution. If after following our internal complaints procedure you still feel that we have not satisfactorily resolved your complaint, then you can access the Online Dispute Resolution platform using this link.
  20. CONTACTING US
    1. You can contact us if you:
      1. wish to complain or compliment our website, or any Website Content;
      2. are seeking permission to link to other pages of our website;
      3. wish to change your Registration Data and are unable to do so via the website;
      4. object to the publication of any Website Content posted or made available on our website; or
      5. have any other queries.
    2. If you wish to contact us, your primary means of expedient communication is the admin chat function within your user account. Alternatively you can contact us:
      1. By email: contact@vellity.com
      2. By post:  Unit 6 Queens Yard, White Post Lane, London, United Kingdom, E9 5EN (although please note that postage to this address is checked intermittently).

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