TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON WHEN REGISTERING TO USE THE SERVICE YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We PMM LTD license you to use:
TCRW (Soho) mobile application software (also available at our website at www.tcrwsohoapp.com, the data supplied with the software and website (App), 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:
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 TCRW (Soho) 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:
ACCEPTABLE USE RESTRICTIONS
You must:
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:
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 – TCRW (Soho) App
This Fair Processing Notice explains how PMM LTD (‘we’ or ‘us’) will store and use personal data that is collected from you when you use the TCRW (Soho) mobile application software, (also available at our website at www.tcrwsohoapp.com), the data supplied with the software and app, and any updates or supplements to it.
PMM LTD is the ‘controller’ of personal data collected through the app for the purposes of applicable data protection laws, and is the organisation you should contact if you have questions about the use of your personal data.
Information that you provide to us
We will collect and process personal data about you:
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 your photograph.
We will use the information you provide to us:
Transfers of personal data
PMM LTD will ensure that where information is transferred internationally, transfers will only take place where appropriate safeguards are in place to protect it. Further information on such transfers are included below under ‘Service providers’.
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 separate controller for your personal data and their privacy policy is available here.
Ping-Services Limited who provide the App services to us, and their subprocessors Digita 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 PMM LTD or on systems run by those businesses processing it on our 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 of TCRW (Soho) using the App, our legal basis for processing your personal data is that it is necessary for the performance of any agreement that we enter into with you or the steps to enter into such agreement.
If you otherwise contact us, 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 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 PMM LTD Protection Officer, is available online here.
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 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 parcel has been delivered, you will need to pick up the 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. 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]