Urb-it Terms of Service

This document was last updated: December 11th, 2018.  

1. Introduction

Thank you for your interest in Urb-it’s services, provided to you by Urb-it AB (publ) (henceforth “Urb-it”, “us”, or “we”), and our web site at www.urb-it.com (henceforth the “site”), as well as all related downloadable software and other services provided by us and on which a link to this Terms of Service is displayed. Urb-it operates a networked community of delivery assistants (henceforth “Urbers”) through various Services, offering a flexible delivery solution for retailers and consumers in busy cities. Urb-it currently operates in three markets: London, Paris and Stockholm. By integrating with our platform, retailers are able to use Urb-it’s crowdsourced community of Urbers – independent contractor couriers that may access the Platform and receive delivery opportunities – who will pick up the purchase in the store and deliver it to the customer, wherever and whenever it suits the recipients. These Terms of Service (henceforth “Terms”), including the Privacy Policy incorporated into these Terms by reference, may be updated from time to time and govern your use of the Service. These Terms constitute a legal agreement between you and Urb-it. In order to use the Service you must agree to these Terms. By using, installing, downloading or in any other way accessing our Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the service.  

2. Right to access the service

By agreeing to these Terms, you represent and warrant to us that you: If you are using the Service on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind that organisation to these Terms and you agree to be bound by these Terms on behalf of that organisation.  

3. Consent to use of data

In order to use and access parts of the Service you agree that you will need to submit some information about yourself, including your name, phone number and other contact information. The purpose of sharing this contact information with Urb-it is for us to ensure a successful delivery Service. Please see our Privacy Policy, for more information regarding what we collect and how we process your information.  

4. Order requests

Your orders through the Service are an offer to engage Urb-it, an Urber and a Retailer. Acceptance of your order will take place when Urb-it sends you an order confirmation through the Service, at which point a contract will come into existence. You are not engaging Urb-it to buy or deliver a purchase. You and the Retailer are using the Service to enter an agreement with each other for you to deliver the purchase. You and the Urber are using the Service to enter an agreement with each other for you to engage the Urber to collect and deliver the purchase to you. In the event of a conflict between these Terms and the terms of business of the Retailer regarding your engagement of an Urber, these Terms shall prevail. We will notify you whether your request to engage an Urber to deliver on your behalf is successful. Requests may be refused at our discretion. Before or after accepting an engagement for the delivery on your behalf, an Urber may contact you to obtain further information. You must remain contactable by phone or email until your purchase is delivered. Urbers will not deliver on your behalf if the item value exceeds €3 000, or the corresponding amount in your local currency at the time of the order request. Neither will the Urber deliver if is not available for collection from the Retailer, or if you do not respond to any of the Urber’s requests for information within 15 minutes. Once your request for collection and delivery by an Urber has been accepted, it may not be cancelled. However, nothing in these terms will affect your legal rights, and if the Service is not carried out with reasonable care and skill, you can ask us to repeat the Service or you may be entitled to a refund if we can’t fix it.  

5. Delivery

Urb-it strive for perfect quality in our deliveries. This is why our Urbers will use their reasonable endeavours to deliver to you at the specific time you specified at the time of your purchase through the Service. The Urber will wait for a maximum of 15 minutes if you are not present or contactable at the location specified for delivery. The timeframe for delivery may be extended to account for bad traffic, if the Retailer is out of stock or for other reasons beyond the Urber’s reasonable control. If this occurs, you have no right to refund. The Urber will however use his or her reasonable endeavour to ensure that the delivery occurs. You must receive the delivery yourself, in person. You may be required to provide proof of your identity and/or age in order to receive the delivery, which may include confirming a code which was supplied through the Service or by text message. Please inspect your order carefully, ensuring it is consistent with any descriptions you have been provided, before confirming receipt. If delivery is not successful for any reason out of our reasonable control, including, but without limitation to: your failure to attend the agreed delivery location within 15 minutes of the agreed delivery time, your failure to confirm your identity, your refusal to accept delivery, your not being available to respond to requests for further information from the Urber, or not being at the agreed delivery location on time, your failure to provide proof of age in respect of restricted purchases; you have no right to any refund of the service. If the purchase is perishable, the Urber may leave them at the place of delivery and delivery shall be deemed to have been accepted by you. For unsuccessful deliveries, the Urber may return your order to the Retailer and you can arrange a new delivery, or collect the purchase yourself, within 3 days. In this event, you will still pay for the original delivery. You can always contact Urb-it’s support through the Service or by telephone and change a delivery scheduled for a specific time if the change request is made more than 1 hour and 45 minutes before the scheduled delivery. Any changes made must be within Urb-it’s operational hours and for final delivery within Urb-it’s area of geographical operation. You may change the location of delivery within one hour of the expected or scheduled delivery time to within 200 metres of the original location. If you wish to delay the delivery within this one-hour period prior to the original time, you may do so by up to 15 minutes. Urb-it’s support can be contacted regarding all issues related to delivery through the contact information made available through the Service. Risk and title to the purchase shall pass to you on the delivery of the order to you by an Urber.  

6. Cancellation

You may cancel your delivery request without cost up until your request has been accepted by an Urber. When your request has been accepted by an Urber, the full service fee for the delivery will be billed to you even if you cancel the delivery. If Urb-it is delayed by more than one hour from the initial time of delivery, or if the Service is not carried out with reasonable care and skill, you have the right to a full refund of the service fee. If an Urber cancels any request, Urb-it will reassign an appropriate Urber through our platform. When reassignment for any reason is not possible, Urb-it will seek the most appropriate solution in collaboration with you. If an Urber cancels any request due to a Force Majeure Event which either leads to damage of the Goods transported or preventing the delivery, then the service fee shall not be billed to you. Urb-it will in such event contact you and seek the most appropriate solution in collaboration with you.  

7. Damage

If any Product is lost or damaged by an Urber after its purchase on your behalf and before its delivery, Urb-it will either: (i) subject to availability, procure the purchase of a replacement and deliver it to you; or (ii) pay compensation to you of the amount of the purchase price and any charges paid to Urb-it or the relevant Urber in respect of the delivery. If you refuse the delivery because of the alleged destruction of your the goods, damage, loss or theft, then the service fee will still be billed from you and it is your responsibility to demonstrate to the Urber, and to us, that the allegations has occurred, under which circumstances a refund of the service fee may be issued. You moreover acknowledge and agree that non-conformity of the goods or delayed delivery time does not constitute a valid reason for refusing to accept the goods.  

8. Communication

By using the Service, you agree that Urb-it and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. The purpose of these text messages are solely to ensure the quality and success of the Urb-it Service. As an Urber, when you install our app on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page. By using the Service, you agree that Urb-it and those acting on its behalf may send you receipts and other information relevant to completing the delivery at the email you provided us. The purpose of these emails are solely to ensure the quality and success of the Urb-it Service. You agree and undertake that you will not make available, or post to or transmit to the Service any content, that is unlawful or which gives rise to civil or criminal liability, is misleading or false, promotes any illegal or unlawful activity, constitutes bulk electronic marketing, spam or rights of privacy, including unauthorised disclosure of a person’s name, email address, physical address or telephone number. Urb-it may, at its discretion, review User Communications. We may also remove or reject any User Communications if it comes to our attention that such User Communications constitutes a breach of these terms of use. Any removal or rejection of User Communication does not serve to limit any of our other rights or remedies. If you believe any User Communications are in breach of these terms of use or your rights, and would like to request these User Communication’s be removed, please contact Urb-it.  

9. Feedback

You may choose to, or Urb-it may invite you to, submit comments, bug reports, ideas or other feedback about the Service (henceforth “Feedback”). By submitting Feedback, you agree that Urb-it is free to use such Feedback at its discretion without any obligation to you.  

10. Intellectual Property Ownership

The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of Urb-it. All third party trade names and trade marks are the property of their respective owners and Urb-it makes no warranty or representation in relation to them. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights. The Urb-it name and our logo are trade marks belonging to us. We give no permission for the use of these trade marks and such use may constitute an infringement of our rights.  

11. Restrictions and obligations

You agree to comply with these terms of use and all rules applicable to the use of the Service. By doing so, you will (i) not hack, modify, reverse engineer or create derivative works of the Service or any part of it, (ii) incorporate any part of the Service into another product or service, (iii) gain unauthorised access to any restricted part of the Service, (iv) remove, modify or obscure any copyright, trade mark or other proprietary notices on the Service, (v) create software which replicates or mimics the data or functionality in the Service, (vi) collect data from the Service by systematic or automated means, (vii) use your access to the site for the sending of marketing communications, (viii) use any computer virus or malicious code of any nature in connection with the Service, make any part of the Service available to a third party, (ix) copy or exploit any part of the Service or the content it contains, (x) use the Service or any part of it unfairly or for any illegal or immoral purpose. Without prejudice to any of our other rights or remedies, if we reasonably suspect that you have breached any of these terms of use we can suspend or terminate your access to the Service or take any other action we consider necessary to defend or promote any of our rights or interests.  

12. Payment

The “Urbit Delivery Service Fee” is the price paid for collection and delivery of the purchase by the Urber on your behalf. Either Urb-it, a third party on behalf of Urb-it, or the Retailer will pay the Urb-it Delivery Service Fee to the Urber in accordance with their agreement between with the Urber. For some Services, when placing your order you must pay the Purchase Price and the Charges by one of the payment methods made available to you during the order process. Payment is subject to the terms and conditions of the payment processor you use to make your payment.  

13. Indemnity

You indemnify (compensate) us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.  

14. Liabilities

Urb-it shall not be liable to any party of this agreement for: Any losses arising in connection to a Force Majeure Event, losses arising as a result from you providing wrongful or incomplete information, losses arising in connection with the use or unavailability of the Service, losses arising in connection with any malfunction relating to your device or connection to the internet upon using the Service or for any direct or indirect loss of profits, sales or business, nor for contracts, anticipated savings or goodwill.  

15. General

If you offer, without our solicitation, any new product or feature ideas, you accept that such offers are made without any obligation on Urb-it to keep such offers confidential. We may appoint subcontractors in the provision of the Service, or we may assign the benefit of our agreement with you under these terms of use to another. These terms of use, together with our Privacy Policy constitute the entire agreement between you and Urb-it relating to your use of the Service, to the exclusion of any other terms of use. Failure to enforce any term does not constitute a waiver of that term. Any of these terms of use intended to survive termination terms of use shall survive termination of these terms of use. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect. These terms of use are subject to the laws of the country in which the delivery takes place and the parties irrevocably submit to the exclusive jurisdiction of the courts.  

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