This document sets out the terms and conditions (the Terms) on which a Business individual, business, partnership or any other entity (the Business User) may use the Gander website (www.gander.co) and the Gander application (for the purposes of the Terms both the website and the application shall be referred to as the Gander App) and by which a customer individual, partnership or any other entity may use the Gander App (the Customer User) (together the Business User and the Customer User are the Users).
The Gander App facilitates the sale of any food or non-food item (the Item) by a Business User. Through the App the Business User may offer for sale or any other form of transfer, whether by way of discount or free of charge (the Offer) any Item. The Offer will be visible to other Customer Users. The physical purchase of any food or non-food item may be by any method including, but not limited to in the store, by telephone or over the internet (the Purchase). It should be noted that because an Item has been put on Offer by a Business User it does not necessarily mean it will be available for Purchase at the time the Customer User tries to make the Purchase.
Please read these terms carefully before committing to use the Gander App. By using the Gander App, you agree to comply with and be legally bound by the Terms, whether or not you become a registered User of the services. These Terms govern your access to and use of the Gander App and constitute a binding legal agreement between you and Gander. You are advised to print and retain a copy of these terms for your future reference. These Terms may be subject to change from time to time, and accordingly you are advised to refer back to the Terms before registering on the Gander App. These Terms were last updated on the 1st September 2015.
Section A contains general provisions which apply to all Users of the Gander App. In addition to section A, the provisions of section B will apply to you if you are a Customer User of the Gander App (i.e. recipient of an Item or Items offered by a Business User) and/or the provisions of section C will apply to you if you use the Gander App as a Business User (a Business User who lists an Offer for Purchase).
SECTION A: GENERAL PROVISIONS
1. INFORMATION ABOUT GANDER AND THE APP
1. The Gander App is owned and managed, operated and maintained by Argadnel Ventures Limited, trading as Gander (Gander), a limited company, registered in the Isle of Man. Registered company number is 129220C, with registered office at Euromanx House, Freeport, Ballasalla, Isle of Man IM9 2AP.
2. Gander App is an online platform that allows Business Users to upload an Offer for Purchase by a Customer User. The Offer is then visible to a Customer User who may browse the Offers and make any Purchase.
3. Gander shall be entitled at its own discretion to suspend the Gander App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Gander App, including but not limited to preventing you from using the platform or using any of the services available on the Gander App.
4. Gander reserves the right to make any changes to the Gander App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
5. Gander relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Gander App and the content therein and the services available to you. Whilst Gander takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Gander does not warrant that the Gander App shall be uninterrupted or fault-free at all times. Gander therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the services and the Gander App as a result of Gander's service providers.
6. Gander may be contacted by email at the email address set out in the Gander App.
2. PRELIMINARY INFORMATION
By registering your details with Gander as a User, you warrant that:
2.1.1. you are legally capable of entering into binding contracts;
2.1.2. you are at least 18 years old; and
2.1.3. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Gander App.
1. Customer Users may browse available items in the Gander App without registration.
2. Business Users need to complete the registration process to be able to list an Offer on the Gander App.
3. By registering your details as either a Business User or a Customer User and setting up an account you consent that Gander has the right to conduct verification and security procedures in respect of the information provided by you online.
5. You hereby warrant that the information provided by you to Gander is true, accurate and correct. You further warrant that you shall promptly notify Gander in the event of any changes to such information.
7. Gander may give you the opportunity to invite friends to join the Gander App by emailing an invite (whereby you will be required to enter their email addresses), or by contacting friends through their social media profiles.
8. You shall keep your registration details for the Gander App (the Registration Details) confidential and secure. Without prejudice to any other rights and remedies available to Gander, Gander reserves the right to promptly disable your Registration Details and suspend your access to the Gander App in the event that Gander has any reason to believe you have breached any of the provisions set out herein.
9. Notwithstanding the foregoing, Gander reserves the right to:
3.9.1. accept or reject your application to register for any reason; and
3.9.2. suspend your account and/or refuse you access to the Gander App (partly or wholly) if you breach any of the provisions hereunder.
4. USER OBLIGATIONS
1. You agree that you are solely responsible and liable for all activities carried out by your use of the Gander App.
2. You shall not submit to appear on the Gander App through your use of the Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format (“User Submissions"), whether within your personal Profile, when submitting a review in relation to another User or elsewhere on the App that, in Gander's reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
3. You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the App whether or not the submission of such User Submission is part of the Services. You agree that Gander may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the App, and you hereby grant to Gander a non-exclusive, perpetual, irrevocable, worldwide license to do so.
6. You agree that at all times, you shall:
4.6.1. not use your Login Details with the intent of impersonating another person;
4.6.2. not allow any other person to use your Login Details;
4.6.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App;
4.6.5. not infringe any rights of any third parties;
4.6.6. contact Gander at the email address set out in the Gander App immediately if you consider any submission, Offer etc. of any User to breach any of the Terms herein;
4.6.7. comply with all instructions and policies from Gander from time to time in respect of the use of the Gander App;
4.6.8. co-operate with any reasonable security or other checks or requests for information made by Gander from time to time; and
4.6.9. use the information made available to you on the Gander App at your own risk.
7. In the event that you have a dispute with any other User of the Gander App, you hereby release Gander from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
5. EXCLUSION OF WARRANTIES AND GANDER'S LIMITATION OF LIABILITY
1. Subject to clause 5.4 and 5.5, if Gander fails to comply with these Terms, Gander shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If Gander's failure to comply with its obligations is not remedied as in this clause 5.1, then Gander shall only be liable for losses (whether arising on contract, tort (including negligence) or otherwise) which are a reasonably foreseeable consequence of such failure, up to a maximum of one hundred pounds sterling (£100.00).
2. Further, you acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by Gander and to the maximum extent permitted by law, Gander excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
3. Gander does not verify and does not have any control in respect of any Business User Offers. Consequently, Gander does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any Business User Offer or any other information made available to you for Purchase of the Item on Offer.
4. Subject to clause 5.5, Gander shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
5.4.1. consequential, indirect or special losses;
5.4.2. loss of profits, income or revenue;
5.4.3. loss of savings or anticipated savings, interest or production;
5.4.4. loss of business or business benefits;
5.4.5. loss of contracts;
5.4.6. loss of opportunity or expectations;
5.4.7. loss of goodwill and/or reputation;
5.4.8. loss of marketing and/or public relations time and/or opportunities;
5.4.9. loss of data; or
5.4.10. loss of management or office time or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6. Commentary and other materials posted on the Gander App or provided by Gander are not intended to amount to advice on which reliance should be placed. Gander therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the App, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by Gander shall remain solely with you.
7. Gander does not in any way participate nor shall it be liable in any way for whatever reason for any Purchase made and the physical transaction, meet-up, set-up or relationship between you and other Users. Gander therefore recommends that you take all safety precautions when making a Purchase.
6. INTELLECTUAL PROPERTY RIGHTS
1. Gander and its licensors own all the intellectual property rights relating to the Gander App, the website and any other associated intellectual property.
2. You are expressly prohibited from:
6.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Gander App except for the purposes of sharing content on social media such as Twitter, Facebook, etc. 6.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Gander or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Gander or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Gander.
7. PRIVACY AND DATA PROTECTION
8. FORCE MAJEURE
1. Gander shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event").
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Gander's reasonable control and includes in particular (without limitation) the following:
8.2.1. strikes, lock-outs or other industrial action;
8.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
8.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
8.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
8.2.5. impossibility of the use of public or private telecommunications networks; and
8.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
9. COMPLAINTS AND TERMINATION
1. If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by sending Gander details of your complaint by using the contact details as set out in the Gander App. Gander will use its reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to resolve or rectify the subject matter of such complaints.
2. Gander may suspend or terminate your use of the Gander App if: 9.2.1. any of Gander's third party communication network providers cease to make their services available to Gander for any reason; 9.2.2. Gander believes you or someone using your login details has failed to comply with one or more of these Terms; 9.2.3. Gander believes there has been fraudulent use, misuse or abuse of the Gander App; 9.2.4. Gander believes you have provided any false, inaccurate or misleading information.
3. On termination, your access to the Gander App shall cease and Gander may delete your profile.
1. If Gander fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by Gander of any default shall not constitute a waiver of any subsequent default.
3. No waiver by Gander of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
4. For the avoidance of doubt, references to 'writing' shall be deemed to include email.
5. Gander reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
6. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
7. These Terms and any document expressly referred to in them represent the entire agreement between you and Gander in respect of your use of the Gander App and your use of the platform, and shall supersede any prior agreement, understanding or arrangement between you and Gander, whether oral or in writing.
8. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Gander App, the internet or in negotiation between you and Gander except as expressly set out in these Terms.
9. Gander may alter or amend our Terms by giving you reasonable notice. By continuing to use the Gander App after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the Gander App, you may do so by giving us not less than 7 (seven) day's written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
10. These Terms are governed by and construed in accordance with Manx law. The Courts of The Isle of Man shall have exclusive jurisdiction over any disputes arising out of these Terms.
11. If any dispute arises in connection with this agreement, the parties will attempt to settle it by correspondence and for business users by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR.
SECTION B: CUSTOMER USERS TERMS AND CONDITIONS
1. Upon registration as a Customer User, and in consideration of your compliance with these terms and conditions, Gander will provide you with the services as described in this section B. For the avoidance of doubt you are a Customer User if you are browsing Offers from Business Users using the Gander App.
12. CUSTOMER USER – REGISTRATION PROCESS
1. Subject to clause 1.4 of Section A above, when you want to register as a Customer User you will have the option to do the following:
12.1.1. the facility to create a profile page;
12.1.2. the facility to review and/or submit feedback on Business Users; and
12.1.3. access to any other features and functionality provided to Customer Users from time to time.
2. You acknowledge that if you find an Item that you wish to Purchase, by the time you contact the Business, that Item may no longer be available for Purchase. The Business User does not have to offer a refund or an alternative.
3. Gander does not check or Guarantee the validity of the Offer and/or the price and discount offered by a Business User. Gander does not guarantee that the obligations of any transaction between a Customer User and a Business User will be fulfilled.
13. ADDITIONAL OBLIGATIONS AS A CUSTOMER USER
2. As a Customer User, you are responsible for: 13.2.1. ascertaining the identity of any Business User;
13.2.2. verifying the price of any Item on Offer, which you acknowledge will be determined at the Business User’s sole discretion;
13.2.4. any review of Business User to be fair, honest and reasonable;
13.2.5. verification of all information provided by the Business User in relation to any Items including, if applicable, the ingredients.
3. In using the Gander App you must:
13.3.1. not provide information which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;
13.3.2. immediately notify Gander in the event you have any reason to believe or suspect that a Business User has breached any of the terms under Section A or that any Business User profile is not genuine, or is false, inaccurate and/or incomplete.
14. ADDITIONAL EXCLUSION OF WARRANTIES
1. You acknowledge and agree that the Gander App is limited to providing you with a platform to browse Offers listed by Business Users. Gander does not warrant or guarantee: 14.1.1. that you will find Items suitable to your specific taste, dietary, needs or other requirements;
14.1.2. the status of any Business User as a business or that they are compliant with any standards set by the Food Standards Agency;
14.1.3. the premises used by a Business User are suitable for cooking and preparing or, where applicable, registered with their local environmental health department;
14.1.4. that the Business User’s are genuine;
14.1.5. that any information or documentation made available on a Business User profile is authentic, valid, accurate or otherwise complete;
14.1.6. the identity of the Business User using the Gander App.
2. Gander is not responsible in any way for the quality or supply of any Items by the Business Users. Such items are to be provided by the Business Users on terms and conditions as may be agreed between you and the Business User.
3. In the event there is a dispute between you and any Business User, or if the Item provided by a Business User are not provided to a satisfactory standard or at all, you agree Gander is not liable for anything (including but not limited to any loss, damage or personal injury) suffered or incurred by you in the course of receiving such Items from a Business User, and you release and hold harmless Gander from anything you may suffer or any liability in relation to such dispute.
SECTION C: BUSINESS USER TERMS AND CONDITIONS
If you are a Business User and wish to use the Business Users Services, you may do so in accordance with the terms of this Section C. You are a Business User if you add Items to the Gander platform, whether for payment or for free.
Upon registration as a Business User, in consideration of your compliance with these terms and conditions, Gander will provide you with the services as described in this Section C below.
15. BUSINESS USER SERVICES
1. Subject to clause 1.4 of Section A above, the Business User Services will comprise the following:
15.1.1. the facility to create a profile page (including a photo.logo), which is visible by the Customer Users;
15.1.2. the ability to advertise Items available to purchase;
15.1.3. the ability to set a purchase price (“Price") payable by the Customer User in respect of any Item;
15.1.4 The Business User agrees that the price specified will be less than the normal retail price
15.1.4. the ability to specify when you are able to supply Items to Customer Users and at what location and preferred times;
15.1.5. the ability to post reviews and/or submit feedback about Customer Users;
15.1.6. any other features and functionalities of the Business User Services provided by Gander to you from time to time.
16. YOUR ADDITIONAL OBLIGATIONS AS A BUSINESS USER
1. By choosing to be a Business User and to advertise and supply your Items to Customer Users through the Gander App, further to the general obligations on you as a User under section A of these Terms, you agree that all information submitted by you, supply of the Items, and any other information provided or comments made to Customer Users through the Gander App, must: 16.1.1. be accurate, correct and up-to-date;
16.1.2. be provided with all reasonable care and skill in a manner consistent with generally accepted standards in the industry in which you operate; if any
16.1.3. not breach any applicable statutory or regulatory requirement, including following good hygiene practice and, where applicable, food safety management procedures based on the standards set by the Food Standards Agency;
16.1.4. not commit an offence by adding for sale any controlled substance (including alcohol) for which you do not hold the relevant license to do so;
16.1.5. not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations; and
16.1.6. not be obscene, defamatory or be in the reasonable view of Gander deemed to be offensive and/or inappropriate.
2. In using the Business User services you must:
16.2.1. at all times keep all information including without limitation, communication and correspondences between you and the Customer Users, and all information relating to the Purchase process secure and confidential;
16.2.2. ensure your use of the Business User Services is personal to you;
16.2.3. immediately notify Gander in the event you have any reason to believe or suspect that a Customer has breached any of its Terms.
3. You further acknowledge and agree that Gander may, at its sole discretion, immediately remove your profile from the Gander App where it reasonably considers that such profile, any information you have uploaded or Items provided, no longer meets the standards that Gander requires of its Sellers on the Gander App, at its absolute discretion and upon written notice to you.
17. ADDITIONAL EXCLUSION OF WARRANTIES
1. You acknowledge and agree that Gander only provides you with the facility to add and supply Items to Customer Users by providing you with the Business Users services. Gander does not warrant, represent or guarantee that you will find any Business Users to supply Items to or achieve any specific results whatsoever.
2. You acknowledge and agree that using the platform through the Gander App may require registration or approval as a food business with the relevant food authority.
3. You further agree that Gander does not vet or verify the identity of the Customer Users on the Gander App. Consequently, Gander does not warrant or guarantee:
17.3.1. the currentness, completeness, correctness and accuracy of any Customer User’s profile;
17.3.3. the identity of the Customer User’s using the Gander App.
4. You further acknowledge that Gander has no control of and therefore has no liability whatsoever in respect of the behaviour, response and quality of the Customer Users on the Gander App.
5. Gander provides the Business User services solely to connect you, the Business Users, with Customer Users who may be seeking to buy the Item from you. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with Customer Users. You, the Business User, hereby indemnify Gander in full and on demand against all losses, damages, costs, claims and expenses that Gander incurs (including but not limited to such losses and damages incurred by Gander in respect of sickness, disease or death of any Business User arising out of or in connection with your acts or omissions in the use of the platform) arising out of or in connection with any of your dealings with, or Items provided to Customer Users.