Terms and Conditions.

6 June 2016

The Services (defined below) provided by MYNEIGHBOUR LTD t/a CatcherNet are free for you to use, but these terms and conditions control how you may use the Services. In consideration of our providing the Services to you, you confirm that you have read and agree to these terms and conditions (these “Terms”).

Definitions

In these Terms, unless the context requires otherwise, the following words have the following meanings:

“Arrangement”
a request made by you to have your Parcel delivered to a Catcher and for you to subsequently collect it at a convenient time;
“Delivery Date”
the date on which a Parcel is to be delivered to the Catcher;
“Catcher”
a person who receives Parcels on your behalf and holds them until you collect them;
“Parcels”
the goods that you have ordered from the Seller, but cannot be delivered to you, so instead are delivered through our Services to a Catcher and subsequently collected by you. Each of the Parcels that you order shall be deemed a “Parcel”;
“Parties”
MYNEIGHBOUR LTD and you and a “Party” means either of them;
“Privacy Policy”
the privacy policy that forms part of these Terms and is set out at schedule 1 to these Terms;
“Prohibited Parcels”
the Parcels and items described at clause 4.5 below;
“Seller”
any seller, retailer, distributor, shop, website, business or any other person from whom the delivery of any of the Parcels may originate;
“Services”
the services of arranging for Parcels to be delivered to a Catcher pending your collection, provided by us;
“we” or “us” or “our”
means MYNEIGHBOUR LTD, a private company registered in England and Wales with company number 10099044, whose registered office is at Flat B, 2 The Coach House, Linton Springs, Wetherby, Yorkshire, LS22 4AF; and
“Website”
https://www.catchernet.com where we provide our Services.

1.1 In these Terms, unless the context otherwise requires:

1.2.1 words in the singular include the plural and vice versa and words in one gender include any other gender;

1.2.2 a reference to a statute or statutory provision includes:

1.2.2.1 any subordinate legislation (as defined in section 21(1), Interpretation Act 1978) made under it;

1.2.2.2 any repealed statute or statutory provision which it re-enacts (with or without modification); and

1.2.2.3 any statute or statutory provision which modifies, consolidates, reenacts or supersedes it;

1.2.3 a reference to:

1.2.3.1 a Party includes that Party’s successors in title and permitted assignees;

1.2.3.2 a “person” includes any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality);

1.2.3.3 clauses are to clauses of these Terms;

1.2.3.4 schedules are to schedules of these Terms;

1.2.3.5 “indemnify” and “indemnifying” any person against any circumstance includes indemnifying and keeping that person harmless from all actions, claims and proceedings from time to time made against that person and all loss or damage and all payments, costs or expenses made or incurred by that person as a consequence of or which would not have arisen but for that circumstance;

1.2.5 the headings are for convenience only and shall not affect the interpretation of these Terms;

1.2.6 general words shall not be given a restrictive meaning:

1.2.6.1 if they are introduced by the word “other” by reason of the fact that they are preceded by words indicating a particular class of act, matter or thing; or

1.2.6.2 by reason of the fact that they are followed by particular examples intended to be embraced by those general words.

2. Our Services

2.1. We provide our Services entirely independently from any Seller.

2.2. We may perform the Services ourselves or we may sub-contract part or all elements of the Services.

2.3. Catchers will have absolute discretion as to the means and procedure to be followed in the handling and storage of Parcels which have been delivered to them by a Seller.

2.4. We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Website. We will contact you to let you know in advance where this occurs and if it affects an existing Arrangement which you have made and make such reasonable adjustments as necessary to continue to process your Arrangement.

2.5. Our Services will not interfere with the passing of title and risk in the Parcels and the Catcher shall never acquire the risk in any Parcel. Risk and title in the Parcels shall pass in accordance with your separate contract with the Seller for the purchase of the Parcels.

3. Your obligations

3.1. You agree that you will contact the Catcher in relation to an Arrangement only and not otherwise.

3.2. When you make an Arrangement you will only contact the Catcher via the contact details we provide you with.

3.3. You warrant that by the Delivery Date you will either be the owner of the Parcel concerned or the authorised agent of the owner of such Parcel and that you are aged 18 or over.

3.4. You shall collect your Parcels at a mutually convenient time to the Catcher, by the deadline within the Arrangement, as agreed with the Catcher. If any of the Parcels are not collected by the deadline, we reserve the right to arrange for such Parcel to be returned to the Seller at your expense.

4. Your Parcels and prohibited Parcels

4.1. All Parcels must be correctly addressed as specified by us and include:

4.1.1. the Catcher’s full name;

4.1.2. the Catcher’s address; and

4.1.3. your Customer identification number (which you will receive in accordance with clause 6.3 below).

4.2. If any of the Parcels’:

4.2.1. dimensions are more than 50 x 50 x 60 cm;

4.2.2. weight is more than 15kg; or

4.2.3. value exceeds £200, you must ensure the Catcher is willing to accept the approximate weight, size and value of such Parcel before making your Arrangement.

4.3. We reserve the right to reject any Parcel that arrives at the Catcher’s address if the Parcel exceeds the limitations quoted at clause 4.2 above or if you are not the owner or the authorised agent of the owner of the Parcel.

4.4. A Catcher shall not be required or caused to accept any Parcel if such acceptance or conveyance would be unlawful or illegal.

4.5. A Catcher shall not accept corrosive, flammable, explosive, toxic, oxidizing or radioactive materials or gases, pyrotechnics, arms and ammunition or any other noxious, hazardous or dangerous goods or goods likely to cause damage for these are Prohibited Parcels.

4.6. A Catcher shall not, without our prior written agreement, accept works of art, artwork, musical instruments, ceramics, deeds, tender documents, documentation including stamps, securities, passports, vouchers and money, prescribed drugs, precious metals, livestock, liquids, foodstuffs, perishable goods, glass, bullion, coins, precious stones, fossils, stoneware, resin items, amber, composites, valuable jewellery, valuable antiques or plants or plant seeds.

4.7. Should you or the Seller (whether knowingly or unknowingly) arrange for delivery of Prohibited Parcels, or a Parcel listed under clause 4.6 above without prior written agreement, to the Catcher’s address or cause us to handle Prohibited Parcels, or a Parcel listed under clause 4.6 above that is accepted by a Catcher without our prior written agreement, (subject to clause 8.2 below) we shall bear no liability whatsoever in connection with the Parcel, irrespective of how any liability may arise, and you shall be liable for any and all loss or damage caused by or in connection with the Parcel, irrespective of how any liability may arise, and shall indemnify us against all penalties, claims, damages, costs and expenses however arising in connection with the Prohibited Parcel, or a Parcel listed under clause 4.6 above that is accepted by a Catcher without our prior written agreement. Such Parcels may be destroyed or otherwise dealt with at our sole discretion or by any other person in whose custody they may be at the relevant time.

4.8. Any issues with any Parcels that are claimed to be lost or missing, if not resolved by the Catcher or the Seller within 7 days of the Parcel being claimed lost or missing, shall be referred to our Managing Director for investigation and final adjudication over the best course of action to take.

5. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

6. How the contract is formed between you and us

6.1. Our Website will guide you through the steps you need to take to make an Arrangement with us. Please take the time to read and check your Arrangement at each stage of the process.

6.2. You will be asked to accept these Terms before registering to receive the benefit of our Services via the Website.

6.3. Once you register to receive the benefit of our Services via the Website, we will send you a registration email which confirms your registration and will contain a Customer identification number and an address of your Catcher.

6.4. The contract between us will be formed at the point of our transmitting the confirmation email to you.

6.5. The Customer identification number must be quoted in all subsequent correspondence with us and must be stated clearly alongside the Catcher’s name for the purpose of addressing your Parcel when you purchase any Parcel from a Seller.

6.6. We are not able to provide the Services if the Parcel does not clearly state the Customer identification number alongside the address of the Catcher.

6.7. If we are unable to supply the Services, for whatever reason, apart from loss of internet, network or mobile telephone signal, we will inform you of this by e-mail and we will not process your Arrangement. In the event we are unable to supply the Services, subject to clause 8.2 below, we will not be liable for any loss or damage (whether direct or indirect) caused from your use or attempted use of the Services.

6.8. We reserve the right to restrict or prevent you from using our Services for any reason that we may decide.

7. Our right to vary these Terms

7.1. We may amend and update these Terms from time to time or otherwise revise them to reflect changes to relevant laws and regulatory requirements. Please look at the top of these Terms to see when these Terms were last updated and which part of these Terms were changed.

7.2. Every time you use the service, the Terms in force at the time of your Arrangement will apply to the contract between you and us.

7.3. If we have to revise these Terms after you have made an Arrangement, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Arrangement for any Parcels yet to be delivered if you are not happy with the changes.

8. Our liability

8.1. You should check with the Seller in each instance as to the Seller’s timescales for inspection and return of Parcels that have been damaged in their delivery by the Seller, or by an agent on behalf of the Seller. The receipt and storage of Parcels by the Catcher will diminish the time period for inspection to the extent that it is possible that there will be no time for inspection of damaged Parcels if a considerable period of time is left before Parcels are collected by you from the Catcher.

8.2. We do not in any way exclude or limit our liability for:

8.2.1. death or personal injury caused by our negligence; or

8.2.2. fraud or fraudulent misrepresentation.

8.3. Subject to clause 8.2 above we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms for:

8.3.1. any loss, damage or delay caused by the Seller, or an agent of the Seller, to the Parcels, or otherwise;

8.3.2. loss or corruption of data, information or software;

8.3.3. loss of goodwill; or

8.3.4. any indirect or consequential loss.

8.4. Subject to clauses 4.6, 4.7, 8.2 and 8.3 above, our total liability to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for Parcels shall in no circumstances exceed 100% of the price paid for the Parcel, subject to a maximum value of £200.

8.5. Subject to clause 8.2 above, any liability and/or compensation shall only be incurred on fulfilment of the following requirements and is subject to your compliance with these Terms:

8.5.1. you must notify us in writing via help@catchernet.com of the loss, damage or delay within 7 days of your Delivery Date;

8.5.2. you must provide both proof of order and proof of dispatch of the Parcel;

8.5.3. you must provide a receipt confirming the price of the Parcel.

8.6. Subject to clause 8.2 above, we accept no liability whatsoever for any loss, damage or delay for Parcels which do not comply with clause 4 above or which are Prohibited Parcels or which are Parcels listed under clause 4.6 above that are accepted, without our prior written agreement, by a Catcher.

8.7. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

8.8. We do not give any representation, warranty or undertaking in respect of the Parcels that are to be delivered to a Catcher by a Seller. Any claim in relation to a Parcel itself must be made to the Seller of that Parcel.

9. Events outside our control

9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an “Event Outside Our Control”. An Event Outside Our Control is defined below in clause 9.2 below.

9.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or act or omission of any Seller of the Parcels to which our Services relate which prevents us from supplying the Services to you.

9.3. If an Event Outside Our Control takes place that affects the performance of our obligations:

9.3.1. we will contact you as soon as reasonably possible to notify you; and

9.3.2. our obligations under an Arrangement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the availability of our Services to you, we will arrange to provide the Services as soon as reasonably possible after the Event Outside Our Control is over.

9.4. You may cancel an Arrangement affected by an Event Outside Our Control if the Services have not already been provided by us.

9.5. We will only cancel your Arrangement if the Event Outside Our Control continues for longer than 4 calendar weeks commencing from the time we became aware of the Event Outside Our Control and we will notify you by e-mail if such a cancellation is necessary.

10. Miscellaneous

10.1. We may transfer our rights and obligations under an Arrangement to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on the Website if this happens. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

10.2. The contract formed by these Terms is between you and us. No other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

10.3. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses shall remain in full force and effect.

10.4. If any court or body of competent authority deems any of the clauses of these Terms unlawful or unenforceable, the clause shall be deemed to be deleted and the other clauses of these terms shall not be affected.

10.5. If any court of body of competent authority deems any part of any of the clauses of these Terms unlawful or unenforceable, the clause shall still apply with the unlawful or unenforceable part deleted as is necessary to make the clause lawful and enforceable and the other clauses of these Terms shall not be affected.

10.6. No waiver shall be implied if we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so. If we do waive a default by you, we will only do so in writing, and that will not automatically mean that we will waive any subsequent default by you.

10.7. These Terms are governed by English law and the courts of England and Wales will have non-exclusive jurisdiction over any disputes (contractual or otherwise) that arise out of the existence of these Terms.

Schedule 1

Privacy Policy

MYNEIGHBOUR LTD takes your privacy seriously.

This policy (and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By downloading our Website you are deemed to have accepted and consented to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is MYNEIGHBOUR LTD.

Our nominated representative for the purpose of the Act is David Kirby.

You may give us information about you by filling in fields within pages on our Website or by corresponding with us by e-mail or otherwise. This includes (but is not limited to) information you provide when you make an Arrangement. The information you give us may include your name, address, e-mail address or phone number.

Each time you use our Website, we may automatically collect technical information, including (but not limited to): the Internet protocol (IP) address used to connect your mobile phone to the internet; your login information; your browser type and version; your time zone setting; your browser plug-in types and versions; your operating system and platform; information about your visit, including (but not limited to) the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time); page response times; download errors; length of visits to certain pages; page interaction information (such as scrolling, clicks, and mouse-overs); and methods used to browse away from the page and any phone number used to call our customer service number.

Cookies

Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website.

Uses made of the information

We use information held about you in the following ways, namely:

  • to carry out our Services;
  • to notify you about changes to our Services and how we provide them;
  • to ensure that content from our Website is presented in the most effective manner for you and for your mobile telephone;
  • to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • as part of our efforts to keep our Website safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
  • to make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.

We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

We may share your information with selected third parties including Catchers, business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you as well as analytics and search engine providers that assist us in the improvement and optimisation of our Website.

We will not sell your personal information to third parties, but we may disclose your personal information if: we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or in order to enforce or apply the terms of any agreement between us; or to protect the rights, property, or safety of MYNEIGHBOUR LTD, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where we store your personal data

All information you provide to us is stored on our secure servers.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. You can also exercise the right at any time by contacting us at help@catchernet.com.

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to contribute towards our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail if you have previously provided it. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed for the attention of David Kirby either to help@catchernet.com or to Flat B, 2 The Coach House, Linton Springs, Wetherby, Yorkshire, England, LS22 4AF.

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