TERMS OF SERVICE
Last Updated Tuesday 25th June 2019
Welcome to VanHeroes, the Platform from VanHeroes Limited. ("VanHeroes," "we," "us," or "our") that connects you with vehicle owners (each, a "Helper or Hero") who will move your stuff wherever you want.
These Terms of Service ("Terms") apply to your access and use of the mobile application (the "App"), website ("Site") and other online products and services (collectively, the "VanHeroes Platform") of VanHeroes.
Accepting these Terms
BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE VANHEROES PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the VanHeroes Platform. If a term does not make sense to you, please let us know. If you don't agree to all of the terms below, you may not use the VanHeroes Platform.
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the VanHeroes Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these
Description of the Tote Platform
Through the VanHeroes Platform, you can submit a request (a "Request") for a Hero to pick up the item(s) you specify (each, an "Item") for loading, unloading, moving, hauling, packing, lifting, assembly or disassembly (the "Services"). You will receive a price quote for the fee that will apply to completing your Request (the "Services Fee"). Once you submit the payment information for the Request, your Request will be sent out to our network of Heroes. You will receive a notification through the VanHeroes Platform when a Hero has accepted your Request, and you will be able to communicate with that Helper through the VanHeroes Platform to confirm and coordinate certain logistics involved with completing your Request.
You represent and warrant that the Items related to any Request are your personal property and you have all right, title and permission to request and allow the loading, unloading, moving, packing, or lifting of any Items, and that the performance of the Services by a Helper will not result in the violation of any third party's ownership or privacy rights.
When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any VanHeroes Platform security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. VanHeroes reserves the right to deny any account at our discretion.
Payment for Services
You must provide credit card information to submit a Request. You are responsible for paying the applicable Services Fee for any completed Services. Once you submit a Request, we will place a temporary hold on the credit card account you provided in an amount equal to 100% of the applicable Services Fee. Once you and the Helper have verified that the Services are completed, your credit card account will be charged for the sum of the Services Fee, and the fees for any additional services you may request.
You agree to make all payments to the Helper through the VanHeroes Platform and will not pay any Helper in cash or means other than directly through the VanHeroes Platform.
Cancelling a Request
If you cancel any Request: (a) before a Helper accepts it, or (b) after it has been accepted by a Helper but more than 24 hours before the Services are to be performed, you will not be charged, and the hold will be lifted on your credit card. If you cancel any Request less than 24 hours before the Services are to be performed, your credit card account will be charged 20% of the applicable Services Fee.
In the instance where the Helper attempts to fulfil the Request but cannot do so for reasons out of the Helper's or VanHeroes control, your credit card will be charged 50% of the applicable Services Fee.
Right to Use the VanHeroes Platform
On the condition that you fully comply with these Terms, VanHeroes grants you a limited, nonexclusive, non-transferable and revocable license to access and use the VanHeroes Platform for your own personal, non-commercial use. The terms of this license will also govern any upgrades provided by VanHeroes that replace and/or supplement the original App or website, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Except as expressly authorised by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the VanHeroes Platform, (b) license, sub-license, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the VanHeroes Platform, (c) disassemble, decompile or reverse engineer any of the software components of the VanHeroes Platform, (d) copy, frame or mirror any part of the VanHeroes Platform, (e) interfere with or disrupt the integrity or performance of the VanHeroes Platform, or (f) attempt to gain unauthorised access to the VanHeroes Platform or its related systems or networks.
Prohibited Use of the VanHEROES Platform
You may not post or otherwise make available on or through the VanHeroes Platform any of the following:
Private information of any other persons (including names, email addresses, phone numbers, national insurance numbers and financial information);
Content that is libellous, defamatory, abusive, offensive or hateful;
Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offence;
Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
Viruses, corrupted data or other harmful, disruptive or destructive files or code;
Content that, in VanHeroes judgment, is objectionable, may restrict or inhibit another from enjoying the VanHeroes Platform or may expose VanHeroes or users of the VanHeroes Platform to harm or liability of any type; and/or
Content that you are contractually or legally required to keep confidential.
Also, you may not do any of the following in connection with the VanHeroes Platform or other users:
Use the VanHeroes Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the VanHeroes Platform or that could damage, disable, overburden or impair the functioning of the VanHeroes Platform;
Collect any personal information about other users;
Intimidate, threaten, stalk, bully or otherwise harass other users;
Post spam or commercial messages through the VanHeroes Platform;
Create an account or submit a Request if you are not over 16 years of age;
Use the VanHeroes Platform for any illegal or unauthorised purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the VanHeroes Platform, its users, or third parties.
Your use of the VanHeroes Platform is at your own risk. VanHeroes is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, VanHeroes is not liable for the content of any Requests. Although we have no obligation to screen, edit or monitor Requests, we reserve the right, and have the discretion, to screen, edit or remove any Requests at any time, for any reason and without notice.
Disputes between You and a HerO
The VanHeroes Platform is merely a neutral means of connecting you with Helpers. We do not represent or warrant that any Helper will meet your expectations or instructions in performing any Services. Any dispute that you may have regarding the performance of any Services, including any dispute related to the time, place, and manner of doing so, is between you and the applicable Helper. VanHeroes is not responsible for the replacement or repair of any of your personal property that may be damaged by a Helper while performing the Services.
Reporting and Removal
VanHeroes users may report content to VanHeroes that they think violates these Terms, and Tote may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
VanHeroes has adopted a policy of terminating, in appropriate circumstances and at VanHeroes sole discretion, subscribers or account holders who are deemed to be repeat infringers. VanHeroes may also at its sole discretion limit access to the VanHeroes Platform or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the VanHeroes Platform infringes upon any copyright that you own or control, you may file a notification with VanHeroes Designated Agent as set forth below:
Designated Agent: VanHeroes Limited
Email Address of Designated Agent: info@VanHeroes.co.uk
As between you and VanHeroes, all information, materials and content of the VanHeroes Platform, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by VanHeroes or is used with permission. When you create, share, link to, or otherwise make available any Requests, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Requests throughout the world in any manner or media, on or off the VanHeroes Platform. VanHeroes reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favour of VanHeroes any and all moral rights that you may possess in or to any Requests.
Any suggestions, comments or other feedback you give us about the VanHeroes Platform (the "Feedback") will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
By accepting these Terms or using the App you affirmatively consent to VanHeroes collection, use, disclosure and storage of your location information. You may revoke your consent with respect to VanHeroes collection, use, disclosure and storage of your location information at any time by deleting the App from your mobile device, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, VanHeroes will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, VanHeroes will resume the collection of location information.
VanHeroes takes reasonable measures to protect your location information from loss, theft, misuse and unauthorised access, disclosure, alteration and destruction.
EXCEPT AS REQUIRED OTHERWISE OF VANHEORES BY APPLICABLE LAW, THE VANHEROES PLATFORM AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING REQUESTS) ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE VANHEROES PLATFORM AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VANHEROES PLATFORM (INCLUDING REQUESTS) AND THE SERVICES PERFORMED BY HELPERS.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TOTE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE VANHEROES PLATFORM (INCLUDING THE APP AND ANY REQUEST OR BID), SERVICES PERFORMED BY HELPERS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF VANHEROES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF VANHEROES AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE TO DOWNLOAD THE APP (IF ANY) AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE.
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the Vanheroes Platform or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Vanheroes account.
Third Party Software
The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.
Changes to the VANHEROES Platform
VanHeroes reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the VanHeroes Platform and/or any features, information, materials or content on the VanHeroes Platform with or without providing notice to you. VanHeroes will not be liable to you or any third party for any changes or discontinuance of the VanHeroes Platform or any part of the VanHeroes Platform.
Consent to Electronic Communications
By using the VanHeroes Platform, you agree that we may communicate with you electronically regarding your use of the VanHeroes Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at firstname.lastname@example.org
Suspension and Termination
VanHeroes may suspend or terminate your rights to access or use the VanHeroes Platform (including the App) for any reason or for no reason at all and with or without notice at VanHeroes discretion. Suspension or termination may include restricting access to and use of the App or Website. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.
Enforcement of these Terms is solely at VanHeroes discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the VanHeroes Platform and the Services, and they supersede any prior agreements that may have been made.
If you have any questions about these Terms, please email us at email@example.com.
Notice Regarding Apple
Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. ("Apple") and its subsidiaries are third-party beneficiaries of this Agreement and further that (a) upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party; (b) this Agreement is conducted between you and VanHeroes only, and not Apple; (c) VanHeroes, and not Apple, is solely responsible for the Software and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Software; and VanHeroes, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty; (f) in the event of any third party claim that the Software or your possession and use of that Software infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.