General Terms of Use and Contracting
These general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of Fetch Limited app,(hereinafter, “Fetch Limited”), whose domain is www.fetch.com.cy and to its related mobile application, as well as to all its related sites or sites linked from www.fetch.com.cy by Fetch Limited, as well as its subsidiaries and associates, including Fetch Limited’s websites worldwide (hereinafter and collectively, the “site”). The site belongs to Fetch Limited. By using the site, you agree to these terms of use. If you do not agree, please refrain from using it.
Fetch Limited hereby makes available to users (hereinafter, the “User” or “Users”) the Fetch Limited website and mobile application (hereinafter, jointly, the “Platform”).
In accordance with the provisions of the applicable legislation, the following identification details of the site owner are provided below:
· Company name: Fetch Limited
· Commercial Register registration: HE 387677
· Registered office: 20 Strovolos Avenue, Strovolos, Nicosia, 2011, Cyprus
1. Object
Fetch Limited is a technology company whose main activity is the development and management of a technology platform through which certain local stores in a number of territories can offer their products by means of a mobile or web application (hereinafter, the “APP”) and, in an ancillary manner, where applicable and if so requested through the APP by users of the APP and consumers of the said local stores, act as an intermediary in the immediate delivery of the products.
Fetch Limited thus has a Platform through which a variety of merchants, with which Fetch Limited can have in place a commercial agreement for the use of the platform, offer a selection of products and services. Customers can request the purchase of products and services from such merchants by means of a mandate given by them to a third party when placing an order through the Platform. In such cases, Fetch Limited acts as a mere intermediary and is therefore unable to assume, and does not assume any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.
In addition, Fetch Limited is an “on demand” intermediary Platform for the provision of express courier services. Its aim is to make it easier for any persons requiring help with their errands or purchases at associated merchants (hereinafter, “Customers”) to carry out their errands through such third parties, who are voluntarily willing to carry out the mandate given to them by Customers (hereinafter, the “Couriers”).
Couriers are thus a network of self-employed couriers / delivery people who work with Fetch Limited app. When they wish to provide courier services, they log onto the Fetch Limited app Platform and undertake within a certain time to carry out the courier / distribution / delivery service entrusted to them by a Customer by means of the above-mentioned mandate.
Throughout these General Terms of Use, both Customers and Couriers will be referred to as “Users”.
2. Terms of Use
By accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms and to the Privacy Policy and the Cookie Policy.
3. Access and Registration for Customers
In order to be a Customer of the Platform, it is essential that you meet the following requirements:
· You must be at least 18 years of age.
· You must truthfully complete the mandatory fields of the registration form requesting personal details such as the user name, e-mail address, telephone number and bank card number.
· You must agree to these Terms of Use.
The User warrants that all the information regarding his/her identity and capacity provided to Fetch Limited in the registration forms for its Platform is true, accurate and complete. In addition, the User undertakes to keep his/her details up to date.
If a User provides any false, inaccurate or incomplete information or if Fetch Limited considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Fetch Limited may deny the User’s current or future access to, and use of, the Platform or any of its contents and/or services.
When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable.
Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details that may be made by third parties, including for statements made on the Platform or any other action carried out under their username and/or password.
Fetch Limited cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users must immediately inform Fetch Limited, using the Contact Form, if their username or password is stolen, disclosed or lost.
3.1 Profile
In order to complete their registration on the Platform, Users must provide certain details, such as username, e-mail address, telephone number, bank card details, etc. Once they have completed the registration process, all Users can access their profile and complete or edit it, and/or deregister, as they deem appropriate.
3.2. Credit Card Theft or Removal
Since Fetch Limited cannot guarantee the identity of registered Users, Users are under an obligation to inform Fetch Limited if they have evidence that the credit card associated with their Fetch Limited profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Fetch Limited and its payment platform are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform Fetch Limited of the missing card, Fetch Limited will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account.
4. Operation of the Service. Terms of the Mandate
When a User who is registered as a Customer needs help with an errand, he/she must go to the online platform or the relevant Fetch Limited application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the Customer, provided that they are within the territory in which Fetch Limited operates. Similarly, a Customer may ask a Courier to purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified. The Courier undertakes under a mandate to purchase the products ordered by the Customer on the latter’s behalf and according to his/her indications and specifications.
Customers are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release Fetch Limited and the Courier from any liability for negligence or error in the collection or delivery of the order as a result of the supply of incorrect addresses for collection and delivery. As a result of the foregoing, the Customer shall bear the cost resulting from the provision of an incorrect address for collection and delivery on the Platform.
The Customer must provide all the information, in as much detail as possible, about the service to which the assignment relates and, if applicable, in relation to the product that he/she is asking the Courier to buy in a physical shop on his/her behalf. To do this, he/she may provide any comments he/she may deem useful in the “comments” section as well as, where appropriate, share a photograph with the Courier to identify the order. The Customer will be in constant contact with the Courier and may communicate with the latter at any time to ensure that he/she carries out the mandate according to the Customer’s own instructions.
The Customer releases Fetch Limited and the Courier from any negligence or error in the indications given by the Customer for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result of this, the Customer shall bear the cost resulting from the provision on the Platform of incorrect indications regarding the products (such as an incorrect address or product).
If the price of the product and/or service does not appear on the platform, the Customer may set an approximate price. In such case, the service or product may be purchased by the Courier in person based on the Customer’s estimate and never for more than 30% above the said estimate. If the price is higher, the Courier shall contact the Customer to inform him/her of this situation, and it will be the latter who makes the final decision on whether or not to proceed with the in-person purchase at the store.
If the product and/or service is not available, the Courier must call the Customer to set out the available options. If the Customer does not accept any of the options set out by the Courier and is therefore not interested in the alternative options, he/she must accept the cancellation policy set forth in these General Terms of Use (Section Nine). If the Customer does not answer the phone, the Courier shall wait 10 minutes before leaving.
If the Customer is not at the place agreed for delivery, the Courier shall retain the product for 24 hours, or for 10 minutes in the case of perishable products. In addition, the Customer must bear 100% of the cost of the basic courier service as well as the price of the product if one has been purchased or contracted through the Courier at the Customer’s request, and will have to pay for another service in order to receive the products that were not delivered. The Courier will in no event will be liable for the deterioration or expiry of the product to which the assignment related.
Once the assignment has been completed, if the request included the physical purchase of a product, the Courier shall give the Customer the paper receipt for such product. If the object of the assignment was the mere delivery of a product, the Courier shall deliver it to the Customer at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the Customer at the e-mail address associated with his/her account.
5. Product Returns
If a Customer wishes to return a product or make a claim about the provision of a service, he/she must contact the merchant at which the purchase was made directly, with the store receipt provided by the Courier at the time of delivery of the order. If the merchant gives the Customer a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.). Therefore, the return of a product purchased by the Courier pursuant to a mandate conferred by the Customer shall in any event be subject to the merchant’s returns policy.
If a User wishes to process the return of a product because it did not match the order made through the platform, he/she must provide a photograph of the total order together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested.
The Customer must check the products delivered by the Courier at the delivery address before signing and ratifying the mandate. By means of the said signature, the Customer confirms and ratifies the mandate, the purchase or service carried out on his/her behalf. In addition, the Customer states that a third party may ratify the mandate on his/her behalf, for example if the Customer is not at the final delivery address or has designated a third party for collection and signature. The Customer (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.
In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The Customer must therefore inform Fetch Limited through the Contact Form if a dispute arises.
6. Prices of the Services and Billing
Registration and use of the Platform is completely free for Customers
The use of the Platform by Couriers and merchants may have an associated cost based on the country of destination from which they wish to use the Platform to provide services.
The Customer only has to pay for each service requested through the Platform. In addition, for services that include the purchase of a product, the User must pay the price of such product. By registering through the Platform and providing the required bank information, Users expressly authorise Fetch Limited to issue receipts for payment of the services requested, including the price of the products ordered.
The total price of each service may be composed of a variable percentage based on the number of kilometres travelled and the time taken by the Courier, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each merchant. Fetch Limited reserves the right to change the price based on the time slot in which the service is performed and/or the distance travelled. In accordance with these terms, the Customer will be entitled to know the approximate fee for the service before contracting it and formalising payment, unless the user has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond Fetch Limited’s control that entail an increase in such fee.
Fetch Limited reserves the right to change its prices at any time. Such changes shall take effect immediately after publication. The User expressly authorises Fetch Limited to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the user must enter the relevant tax data on the platform before placing the order.
If a Courier has already been assigned to provide a service and this is subsequently cancelled by the user, Fetch Limited shall be entitled to charge the Customer the fee for the services already embarked on by the Courier. Similarly, if the User has asked the Courier to purchase a product on his/her behalf and the Customer cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Courier as well as the price of the product. All this without prejudice to the Customer’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through Fetch Limited, he/she must request a new service.
6.1. Payment Platform
Payment for products and/or services sold in person at Retail Stores and delivered to Customers in a deferred manner is temporarily made to Fetch Limited, who then sends it to the Retail Stores with which it has a commercial agreement in place. The Retail Stores and/or associated establishments authorise Fetch Limited to accept payment on their behalf. Payment of the price of any product (such as food, drink, a gift, etc.) properly made to Fetch Limited will therefore discharge the Customer’s obligation to pay the said price to the Retail Store and/or associated establishments.
Similarly, the Customer’s payment releases him/her from any obligation vis-à-vis the Courier, as full payment from the Customer discharges any obligation that the Customer may have vis-à-vis Partners and/or Couriers.
Payment by Customers for products and/or services is received at Fetch Limited’s accounts through an Electronic Money Institution. Electronic Money Institutions are authorised to provide regulated payment services in all the territories in which Fetch Limited operates and are in compliance with the current legislation applicable to payment services for Platforms such as Fetch Limited. If you have any questions regarding the payment gateway used by Fetch Limited, you may ask them by means of the following Contact Form.
Fetch Limited, through its payment service provider, and as the unique objective to check the payment method communicated by the user and as antifraud measure, reserves its right to make a preauthorization of charge for the products ordered through the Platform. The preauthorization will not mean, in any case, the payment for the total amount of the order, as the payment will only take place after the approval of the order by the User, by accepting it, or by the causes described in the present terms and conditions.
Fetch Limited, in order to fully support the user, acts as the first point of contact for the user and takes responsibility for all payments made via our platform. This responsibility includes: refunds, chargebacks, cancellations and dispute the resolution, at an initial point, without prejudice of Fetch Limited's actions in front of local stores as unique physical sellers of the goods ordered by the User.
In the event that a dispute is raised Fetch Limited will offer the first line of support and will refund the User if deemed appropriate.
If you have any problems with your order, you can contact our customer care team by the means made at your disposal through the Platform.
7. Price of the Products and/or Services Appearing on the Platform
All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.
In accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.
However, the prices of the products sold in restaurants and/or stores shown on the Fetch Limited Platform may be indicative only. In any event, they correspond to the products sold in restaurants and/or stores, and they are set solely by them. The Customer may contact the Courier to confirm the final price of the products ordered.
The User assumes that, in any case, the price of some products may change in real time based on the establishment that sells them and on the available stock.
For any information about the order made, the User shall contact Fetch Limited through the Contact Form, including in the subject of the message the number assigned by the Fetch Limited Platform.
In accordance with the foregoing, the Customer grants the Courier, by means of the purchase and delivery request made through the platform, a mandate to purchase the products in person, on his/her behalf, at the price set by the merchants. The Customer may be in direct contact with the Courier, both when placing the order and during its delivery, to tell the Courier which product is being ordered.
8. Promotional Codes
Promotional codes must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the user will be unable to enjoy their benefits.
Whenever a cancellation is requested by Fetch Limited in accordance with Section 9 below, the Customer shall ensure that the promotional code is valid for future use. When the cancellation is at the User’s request, Section 9 below will apply.
Fetch Limited reserves the right to cancel the promotional codes offered if it becomes aware of a fraudulent use thereof (such as a person exchanging a promotion code when he or she is not its lawful recipient, the mass transfer of codes, etc.). In addition, it reserves the right to apply sanctions to users for the amount defrauded to the Company
9. Right of Withdrawal and Cancellation of Orders
The User may cancel an order free of charge until a Courier has accepted it.
In accordance with the nature of the service offered by Fetch Limited, the User is aware that, once a Courier has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User is therefore no longer entitled to withdraw from the service request free of charge.
Therefore, if the User cancels an order that has already been assigned to a Courier, the Platform will generate a cost of 100% of the basic delivery service by way of cancellation fee to be paid by the User.
In addition, if the Courier had already purchased the product ordered or contracted a service at the time of cancellation, the user may ask the Courier to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service. If the Courier has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collection and delivery services as well as the return service. The return shall in any event be subject to the merchant’s return policies, and the Customer therefore states that he/she is aware that, in the case of perishable products (e.g. food), the return may not be possible and Fetch Limited will therefore be entitled to charge him/her for both the product already purchased by the Courier under his/her mandate and for the cost of the delivery service incurred.
If the Customer has given an incorrect delivery address for the products, he/she may enter a new address at any time provided that it is within the same city as the original order and within the Courier’s scope of operation. In such case, the Customer will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery. If the address is in a different city from the one originally specified, this may not be modified for delivery in a new city, and the order will be cancelled, with the Customer bearing the resulting costs as provided in this clause.
Fetch Limited reserves the right to cancel an order without having to provide a just cause. In the event of cancellation at Fetch Limited’s instance, the User shall be entitled to a refund of the amount paid.
Fetch Limited has official claim forms available to consumers, in the official languages of the countries in which Fetch Limited operates, in relation to the service offered by it. Consumers may request the above-mentioned claim forms through the Contact Form, and the option to access them will be sent automatically. The consumer’s e-mail must specify the exact location from which the request is being made, which must be the same as the place where the service is to be carried out. In the event of doubt, the claim should be made from the latter place.
10. Special Terms of the Purchase Service Ordered Through Fetch Limited
The Customer has the option of requesting through the Platform the purchase by a Courier, in person, of a selection of products and/or services offered by merchants with which Fetch Limited has a commercial agreement in place. Using a drop-down menu within the Platform, the Customer can choose from among a number of options pre-set by the Stores setting out the characteristics and price of the product or service and, sometimes, a photograph thereof.
Once the Customer has selected one of the options, he/she can also complete the order by using the free-text space provided in order to include more detailed information or instructions for the Courier who is to carry it out.
By using the said free-text space, the Customer states his/her wish to order the purchase of certain products, and the Courier will be a mere agent acting on the Customer’s behalf. As a result of the foregoing, the customer shall be solely responsible, and it would be the customer who, if the situation arose, would be liable for any incident arising from the nature of the products (such as a sanction, civil liability, financial liability, etc.).
The Customer is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Platform, are provided based on the information and documents supplied by the Merchants, and that Fetch Limited is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.
Furthermore, the Customer accepts that all the products appearing on the Fetch Limited platform are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service is found not to be available at the Merchant. In addition, the price of the product is subject to slight variations due to modifications at the point of sale. Fetch Limited reserves the right to proceed with the purchase in the case of price variations of up to 30%. If the variation is greater than the said 30%, the Courier shall contact the customer to inform his/her of the situation.
Fetch Limited reserves the right to withdraw any product from its platform, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.
10.1 Same-Day Deliveries
Fetch Limited provides Customers with a delivery service for products purchased by a Courier in person in certain cities. Such an order can be made whenever the following conditions are met at the time of payment for it:
· The service must be operative during the chosen time slot.
· The goods to be delivered must be in one of the cities, and within the available area, in which Fetch Limited operates.
· The destination must be located in the same city as the product.
· The product(s) ordered cannot exceed the following size: 40 cm x 40 cm x 30 cm.
· The maximum weight of a single order will be approximately 9 kg.
10.2. Price and Payment Method
The price of the product and/or service shall be as stated by the Merchant on the Platform. However, the Customer assumes that the price of some of the products may vary in real time due to stock availability at the establishments appearing on the platform, and that the Customer will in any event always be told the final cost before payment.
The Customer will be in constant contact with the Courier, who shall act on the former’s behalf in the purchase of products and services. Any change or variation shall therefore be reported by the Courier before carrying out the mandate for the Customer’s approval. If the Customer wishes to include any indications regarding the order, he/she will always be able to contact the Courier who is carrying out the mandate given.
Similarly, at the payment gateway stage, the Customer will be informed of the final price and approximate time of delivery in accordance with the terms of Fetch Limited’s courier service set forth above.
The Customer may pay for the services only by credit card. When making the order, the Customer will be informed of the various payment options available in the territory from which the service is being requested. In order to pay with a credit card, the Customer must provide the card details through the platform as a payment method associated with his/her account. Fetch Limited does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on Fetch Limited’s behalf. Customers paying by credit card will incur no additional charges for choosing this payment method. All this in accordance with the terms of the payment platform set forth in Clause 6.1.
10.3. Home Delivery of Free Samples and Other Commercial Actions
Fetch Limited reserves the right to enter into commercial agreements with Stores, Department Stores, Entrepreneurs, Professionals (e.g. mass-market food companies, Department Stores, large and small consumer brands, etc.) to send promotional communications, including the addition of free samples to the order delivered to the User’s home. Users must expressly agree to such commercial actions together with these Terms of Use.
14. Geolocation
Fetch Limited may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorised by the User. The said location data may be collected and used by Fetch Limited to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geolocation data being shared with other Users and Suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on their devices.
The User shall be responsible for entering the correct addresses for collection and delivery. In this regard, Fetch Limited will accept no liability for errors or omissions in the provision of such addresses by the User.
15. The User’s Obligations
Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.
Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.
Fetch Limited may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any of the opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.
Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Fetch Limited will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
In general, Users undertake, by way of example without limitation:
· To refrain from altering or modifying the Platform, in full of in part, by bypassing, disabling or in any other way tampering with, its functions or services;
· To refrain from infringing industrial and intellectual property rights or the rules on personal data protection;
· To refrain from using the Platform to insult, defame, intimidate or harass other Users or attacking their image; - To refrain from accessing other Users’ e-mail accounts;
· To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Fetch Limited’s or third parties’ contents or systems;
· To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
· To refrain from advertising goods or services without Fetch Limited’s prior consent.
Any User may report another User if he/she believes that the latter is in breach of these General Terms of Use. Similarly, any User may inform Fetch Limited of any abuse or infringement of these terms through the Contact Form. Fetch Limited will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Terms of Use. Furthermore, Fetch Limited reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.
16. Deregistration by Users
Users may deregister from the Platform by sending an e-mail through the Contact Form.
17. Fetch Limited’s Responsibility
Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to Fetch Limited by means of the Contact Form, and Fetch Limited will analyse the incident and instruct the User on how to resolve it as quickly as possible.
Fetch Limited does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.
Fetch Limited will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.
Fetch Limited accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
· The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;
· A malfunction of the browser;
· The use of outdated versions thereof.
18. Responsibility for Content
Fetch Limited does not control (and is under no obligation to control) how Users use the Platform. It therefore does not guarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or prudent manner. Fetch Limited does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.
Fetch Limited rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, Fetch Limited accepts no responsibility for the use of the application or for any orders that may be made by a third party from the User’s account.
Notwithstanding the foregoing, Fetch Limited reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, Fetch Limited may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to Fetch Limited all exploitation rights arising from the contents thus supplied.
Fetch Limited may, in Fetch Limited sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Fetch Limited through the our Services and for your best User experience any textual, audio, and/or visual content and information regarding Fetch Limited Services, including e.g commentary, order chat, support and feedback related to the Fetch Limited Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content").
Any User Content provided by you remains your property and are covered under local legislation. Thus, in this act, you by providing User Content to Fetch Limited, you grant Fetch Limited a worldwide, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Fetch Limited Content in all formats and distribution channels now known by Fetch Limited Services or hereafter devised, with or without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
To help facilitate the execution of Your order and interaction with the Store and the Rider, Fetch Limited may have to share certain information about the request for your order, including the details indicated by you in the support chat or in the chat with the rider, all this whenever it is necessary for the good execution of the service for you requested through Fetch Limited.
19. No Warranty in Assignments or Payments
Fetch Limited gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Couriers. In this regard, Users state that they understand that Fetch Limited is an independent company that puts Customers and Couriers in contact with each other, and that it accepts no liability arising from the information provided by Couriers or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms of Use. Fetch Limited will therefore never be liable for the availability of Couriers or for their adequate and satisfactory performance of assignments.
Fetch Limited makes no assertions or confirmation regarding any Couriers or their identity or background information. Notwithstanding the foregoing, Fetch Limited may potentially carry out additional checks and put into motion procedures designed to help check or verify the identity of Couriers. In this regard, when a User achieves Courier status, this simply indicates that the said user has completed the relevant registration process and has accepted these General Terms of Use and any other specific conditions that may apply to him/her. Such status implies neither certification nor endorsement by Fetch Limited as to such User’s reliability, suitability and/or safety.
Fetch Limited therefore recommends that Customers always use common sense and their full attention when delegating an assignment to a particular Courier.
By becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Fetch Limited.
20. Updates and Changes to the Platform
Fetch Limited reserves the right to amend these General Terms of Use, at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the Fetch Limited app Platform.
In addition, Fetch Limited reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. Fetch Limited does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, Fetch Limited shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.
21. Intellectual Property
Fetch Limited is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, browsing structure, information and contents included therein are the property of Fetch Limited, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Cyprus legislation on intellectual and industrial property rights.
Authorising a User to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by Fetch Limited of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Fetch Limited Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Fetch Limited Platform for public or commercial purposes are also prohibited, save with Fetch Limited’s express written authorisation or, where applicable, that of the owner of the rights concerned.
Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing Fetch Limited from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to Fetch Limited, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.
22. Severability
If any of the clauses of these General Terms is found to be void by operation of law or voidable, it shall be deemed not to have been included. Such declaration of nullity will not cause the rest of the Agreement to be void, and the said Agreement shall remain valid and effective between the Parties.
23. Applicable Law
The relationship between Fetch Limited and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Cyprus law; and any disputes shall be submitted to the Courts of Cyprus.
