Estonia Terms of Service
Last Modified on November 30, 2018
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
In this ToU, “Starship” means Starship Technologies OÜ (registry code 12673365) with its principal business address at Harju maakond, Tallinn, Mustamäe linnaosa, Teaduspargi tn 8, 12618. Starship’s contact e-mail address is Abi@starship.co and phone number is +372 8804012.
Starship provides a mobile application that facilitates sale and on-demand delivery of various retail goods (the “Goods”) via Starship’s automated delivery vehicles (the “Delivery Robots”). Through the App, consumers may buy Goods and request Goods to be delivered to them by Delivery Robots at a specific time and on a certain date.
You must agree to this ToU in order to use the App and/or the Service, even if you are an employee or contractor of a company that has licensed the use of the App and/or the Service. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS TOU AND AGREE TO ALL OF ITS RESPECTIVE TERMS AND CONDITIONS. If you click “accept” or a similar button when this ToU is presented to you in the user interface of the App, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using any aspect of the App and/or the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use any aspect of the App or the Service.
- Goods and prices.
1.1. Goods, their prices and delivery price. The photos of the Goods displayed in the App are for illustration purposes. The prices of the Goods in the App are shown in Euros and include value added tax. The delivery fee in addition to the price of the Goods is shown separately. Starship may change prices of the Goods and the delivery fee as well as charge any additional fees on a going forward basis at any time as we deem necessary. You will be charged the prices of the Goods which are displayed in the App at the moment of placing your order except for the case where the wrong price for the Goods was displayed due to technical error or in the case where you should have become aware that this is an error (in the case the price is obviously false). Before paying any fees or the purchase price for the Goods, you will be given the opportunity to see and accept the full amount of money you will be charged.
1.2. Prices of Goods sold by weight. If Goods are sold by weight (e.g. fruit), their final price may change as the order is fulfilled. If you are delivered Goods the weight of which is lower than you ordered, we will return the price difference to you within 14 days as of the delivery. If you are delivered such Goods which weight is higher than ordered, you are not obliged to make any additional payment.
1.3. Prices of substituted Goods. We cannot guarantee that all listed items are always in stock. In case we do not have the Goods ordered by you, we will substitute such Goods with similar Goods (as explained in section 2.3.). If you do not accept the substituted Goods (as explained in section 4.3.) we will return the price paid for the missing Goods to you within 14 days as of the delivery. If you accept the substituted Goods and the price of such Goods is lower compared to the Goods originally ordered, we will return the price difference within 14 days as of the delivery. If the price of the substituted Goods is higher compared to the missing Goods, you are not obliged to make any additional payment.
1.4. Promotional offers. Starship, at its sole discretion, may make promotional offers with different mechanisms and different prices to any of our customers. Unless made specifically to you, such offers shall have no bearing whatsoever on your use of the App and/or the Service or fees charged to you. Starship reserves its right to expire or modify any promotion at any time.
- Placing the Order.
2.1 Purchasing Goods from Starship. To purchase Goods from Starship, you have to place an order (“Order”) by using the App. To place an Order:
- add Goods displayed in the App to your shopping cart;
- you are required to enter the location where the Order shall be delivered;
- you will be displayed the estimated time of delivery of the Order;
- you have to enter your payment details which will be used for making the purchase, your phone number and if you would like to get a receipt, also your e-mail address;
- you must confirm that the Goods (and their quantities and prices) which you added to the shopping cart are correct and correspond to your intent. We are not liable for damage or other harm which may derive from any incorrect information submitted by you in the course of placing the Order.
- finally, for placing the Order, you have to press the icon “Pay”.
Starship shall accept and start fulfilling the Order only after you have made the payment. If you entered your e-mail address for the purpose of receiving a receipt, the receipt shall be sent to you.
2.3. Substituting Goods. In case the Goods ordered by you are out of stock, we will substitute such Goods with similar Goods by our discretion or by consulting with you on the phone. If it is not possible to substitute the Goods or if you do not accept the substituted Goods (as explained in section 4.3.), we will return the price of the missing Goods to you within 14 days of the day of the delivery.
2.4. Starship’s right to cancel the Order. We have the right to cancel any Order by notifying you via text message, phone call or push notification and giving the reason for cancellation. In case we cancel the Order, we will return you the price of the Order (i.e. price of the Goods and fee for delivery) within 7 days after the Order was placed.
- Payment authorization.
You authorize Starship to charge all sums for Orders that you make to the payment method designated by you. When you order Goods for delivery through the App, a temporary pre-authorization hold may be placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the total quoted at checkout. However, you will only be charged the final fee total once your Order is registered as complete within the Starship system, which generally occurs between 24-48 business hours after you receive your delivery. In the event that the pre-authorization is greater than the final amount, the difference will be returned to you after your delivery is completed or cancelled, which may take up to 5 business days depending on your bank.
Service fees may be added to the cost of the Order pursuant to the contract concluded between you and your bank or other entity which payment method you use.
All returns which Starship makes to you will be transferred to the same bank account which you used to pay for the relevant Order.
Starship reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
- Fulfilling and accepting the Order.
4.1. Fulfilling the Order. The ordered Goods shall be delivered by Delivery Robot to the location specified by you in the Order. The App will display the estimated time when the Order shall arrive to the delivery location. You hereby acknowledge that the delivery time shown in the App is only an estimate and can change in the course of the delivery due to reasons not dependent on us (e.g. bad weather conditions).
Starship shall send you operational text messages (SMS) and/or push notifications about your use of the App and/or the Service including status of delivery or Delivery Robot interaction information.
4.2. Accepting the delivery. You must ensure that you personally are at the delivery location to accept the Order at the time when the Delivery Robot arrives. You can obtain the Goods from the Delivery Robot by using the App.
When accepting the Order, you shall immediately examine and verify whether the Goods, their quantity and quality correspond to your Order. The Order shall be deemed as completed once you remove the Goods from the Delivery Robot. The risk of accidental loss or damage to the ordered Goods passes to you by accepting the Order.
If you are not at the delivery location for receiving the Goods within 15 minutes after the arrival of the Delivery Robot, Starship has the right to instruct the Delivery Robot to leave the delivery location and utilize the Goods. You accept and acknowledge that due to the technical solutions included in the Delivery Robot, it does not have a special cooling device but a cool bag, and thus it is not possible to deliver the Goods to you afterwards.
4.3. Missing, substituted or improper Goods. If the Goods in the Delivery Robot do not correspond to the Order (e.g. Goods are defective, or you were delivered the wrong Goods) or in cases where Goods have been substituted by us (under clause 2.3.) and you do not accept the substituted Goods, you shall place such Goods back to the Delivery Robot. If Goods were substituted in the Order, then there will be a corresponding notice letter on top of the Goods inside the Delivery Robot.
- Cancelled orders.
If you cancel your Starship delivery you may be charged depending on what stage the delivery was in when you cancelled. If you cancel the Order after it has been accepted but is not yet being prepared, Starship will return you the price of the ordered Goods as well as the delivery fee within 14 days after the Order was placed. If you cancel a delivery after Starship had started preparing your Order, or after the Order is out for delivery, Starship will not return you the price of the ordered Goods and delivery fee.
- Consumer’s right to withdraw from the contract.
If you are a consumer you may withdraw from the contract (i.e. Order) without giving any reason within 14 days after you received the delivery by submitting an unequivocal application of withdrawal to our e-mail address Abi@starship.co. The application must contain your order number, bank account details for the re-imbursement and your contact details (e-mail address, phone number and name). You have the right to withdraw from the contract only if the Goods are unused and unimpaired and in their original packaging.
The Goods returned must be handed over to the Starship customer service located at Teaduspargi 8, Tallinn, Estonia . Any costs which you may incur related to returning the Goods shall be borne by you and will not be refunded by Starship.
You may not withdraw from the contract in the following cases: (a) the Goods delivered deteriorate or expire rapidly; (b) the Goods delivered are in sealed packaging which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (c) the Goods delivered are after delivery according to their nature inseparably mixed with other items; (d) the Goods delivered are sealed audio or video recordings or computer software and you have opened the package; (d) the Goods delivered are newspapers, magazines or periodicals; (e) the Goods delivered are any other Goods listed in the Estonian Law of Obligations § 53 section 4.
If you have withdrawn from the contract and the Goods returned are in proper condition, Starship will return you the price of the Goods and our delivery fee within 14 days after Starship has received the notification of withdrawal. Regardless of the preceding, Starship has the right not to return the cost of the returned Goods and cost of delivery until we have received the Goods or proof that the Goods are in transit back to Starship.
If the condition of the returned Goods has deteriorated, you shall be liable for the decrease in the value of the Goods resulting from your use if you have used the Goods in any other way other than what is necessary to apprehend the essence of the Goods, their features and their proper functioning. To do so, you shall only handle and use the Goods in a way you would be normally allowed to handle and use the Goods in a retail store.
- Your legal rights.
If the Goods are not compliant with the terms of the contract concluded between you and us, you have the right to use legal remedies provided by the law: (a) require performance of the obligation; (b) withhold performance of an obligation which is due from you; (c) demand compensation for damage; (d) withdraw from or cancel the contract; (e) reduce the price; (f) in the case of a delay in the performance of a monetary obligation, demand payment of a penalty for late payment.
We are liable for any lack of conformity of the Goods which becomes apparent within two years as of the date of delivery. In the event of consumer sale, it is presumed that any lack of conformity which becomes apparent within six months as of the date of delivery of the Goods, already existed before the delivery of the Goods, unless such presumption is contrary to the nature of the Goods or the deficiency. You shall notify us in the case of such lack of conformity within two months after becoming aware of it.
We are not liable for any lack of conformity of the Goods which resulted from your actions and/or omission, including the case of unpurposeful use of the Goods or unproper preservation of the Goods.
Notification of lack of conformity of the Goods can be submitted by e-mail to Abi@starship.co or by post to Harju maakond, Tallinn, Mustamäe linnaosa, Teaduspargi tn 8, 12618. Such notification must include your name, contact information, date of submitting the notification, description of lack of conformity of the Goods, the content of the claim and a document proving the purchase of Goods.
- Governing law, jurisdiction, settling disputes.
The laws applicable to the interpretation of this ToU shall be the laws of Estonia, without regard to conflict of laws principles. Disputes which may arise between you and Starship shall be settled by negotiations. If the matter is not resolved by negotiations you have the right to turn to the Committee for Consumer Complaints formed at the Consumer Protection Board (Pronksi 12, Tallinn, 10117; https://komisjon.ee/et) to reach an out-of-court settlement. This committee solves contractual disputes between consumers and businesses which the parties were not able to resolve by negotiations. Moreover, you may turn to European Commission’s Online Dispute Resolution platform (https://ec.europa.eu/). If you or Starship find it necessary to settle the dispute in court, then Harju County Court located in Estonia will have exclusive jurisdiction as court of first instance of all disputes arising out of or related to this ToU or your use of the App or the Service.
- ToU updates.
Starship may update this ToU at any time, and Starship will post the updated version of this ToU on the App or the Service. You understand and agree that you will be deemed to have accepted the updated ToU if you use any aspect of the App or the Service after the updated ToU is posted. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the App and the Service. If Starship makes any material change to this ToU, we will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used, through a pop-up window on the App, or other similar mechanism. Disputes arising under this ToU will be resolved in accordance with the version of the ToU in place at the time the Order was placed. We encourage you to review this ToU frequently to stay informed of the latest modifications.
- Provision of the App/Service.
You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the App and/or the Service. You acknowledge and agree that Starship may make changes to any aspect of the App and/or the Service at any time without notifying you in advance.
- Termination of Service.
Starship reserves the right to deny service to any person or entity at Starship’s sole and absolute discretion. You acknowledge and agree that Starship may stop providing the App and/or the Service or restrict your use of the App and/or Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU or if Starship suspects that you have used any aspect of the App and/or the Service to conduct any fraudulent or illegal activity.
- Security and age restriction.
Maintaining security is very important. You are solely responsible for all activities that are conducted via the App. You agree to notify Starship immediately if you become aware of any unauthorized use of the App.
You must be at least eighteen (18) years old to use the App and the Service. By agreeing to this TOU, you represent and warrant that you are at least eighteen (18) years old and have not previously been suspended from using the App or Service. You agree that any information that you submit to Starship will be correct, accurate and up to date.
- Use Requirements.
13.1. License grant. Subject to the terms and conditions of this ToU, Starship hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to (i) download, install and use the App in connection with your use of the Service on compatible devices that you own or control, solely for your non-commercial use, and (ii) use the Service in accordance with this ToU and any rules, restrictions or documentation set forth by Starship from time to time. Starship reserves all rights not expressly granted to you.
13.2. Installation. In connection with the Service, you may install the App on one or more mobile devices that you own or control and that meet the minimum specifications provided by Starship.
13.3. Updates. Starship may require that you download and install updates to the App from time to time. You acknowledge and agree that Starship may update the App and/or the Service from time to time with or without notifying you, and may add or remove features or functions to the App and/or the Service at any time in its sole discretion. You acknowledge and agree that Starship has no obligation to make the App or Service available to you, make any subsequent versions of the App or Service available to you or to continue to support the App or Service in any way. You acknowledge that your access to the App and/or the Service may not be continuous, features may change during your use of the App and/or the Service, and Starship may terminate your access to the App and/or the Service or stop offering the App and/or the Service at any time.
- Restrictions and conditions of use.
14.1. Use of the App and the Service. Starship permits you to view and use the App and the Service solely for your own personal use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the App and/or the Service (other than the Goods sold to you). Starship reserves the right to add or remove information, content or services from the App and/or the Service at any time at its sole discretion.
14.2. Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the App. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).
14.3. No violation of laws. You agree that you will not, in connection with your use of the App or the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the App or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
14.4. Use restrictions. You may not connect to or use the App or the Service in any way that is not expressly permitted by this ToU.
a. You may not: (i) remove any proprietary notices from the App or the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the App or the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the App or the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Starship; or (iv) make any false, misleading or deceptive statement or representation regarding Starship or the App or the Service.
b. Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the App or the Service (or any servers, systems or networks connected to the App or the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the App or the Service or any other person’s or entity’s use of the App or the Service (or any servers, systems or networks connected to the App or the Service); (ii) attempt to gain unauthorized access to the App or the Service, user information, or any servers, systems or networks connected to the App or the Service; (iii) use the App or the Service for any commercial purpose unless consistent with this ToU and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the App or the Service, unless you are specifically authorized to do so in a separate written agreement with Starship; (iv) use the App or the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (iv) use the App or the Service to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the App or the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
c. Without limiting the foregoing, you agree that you will not use the App or the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by Starship in its sole discretion.
14.5. No data mining or harmful code. You agree that you will not (a) obtain or attempt to obtain any information from the App or the Service including, without limitation, email addresses or mobile phone numbers of users or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the App or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the App or the Service.
14.6. Violation of this ToU. You acknowledge and agree that you are solely responsible, and Starship has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. Starship may immediately terminate its relationship with you if it determines you are using the App and/or the Service contrary to the restrictions found in this ToU.
15.1. Links from the Service. The App and the Service may contain links to websites or services operated by other parties. Starship provides these links to other websites and services as a convenience and use of these websites is at your own risk. The linked websites and services are not under the control of Starship and Starship is not responsible for the content available on the other websites or services. Such links do not imply Starship’s endorsement of information or material on any other website or service and Starship disclaims all liability with regard to your access to and use of such linked websites and services.
15.2. Links to the Service. Unless otherwise set forth in a written agreement between you and Starship, you must adhere to Starship’s linking policy as follows: (a) the appearance, position and other aspects of any link to the App or the Service may not be such as to damage or dilute the goodwill associated with Starship’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Starship; and (c) when selected by a User, the link to the App or the Service must display the App or the Service on full-screen and not within a “frame” on the linking website. Starship reserves the right to revoke its consent to the link at any time and in its sole discretion.
- Intellectual Property.
16.1. Trademarks. The Starship name and logo are trademarks and service marks of Starship. Unless permitted in a separate written agreement with Starship, you do not have the right to use any of Starship’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of applicable trademark laws.
16.2. Ownership. You acknowledge and agree that Starship, or its licensors, owns all right, title and interest in and to the App and the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the App and the Service is protected by applicable copyright laws. Further, you acknowledge that the App and the Service may contain information that Starship has designated as confidential and you agree not to disclose such information without Starship’s prior written consent.
16.3. Feedback. You may choose to, or Starship may invite you to, submit comments, bug reports, ideas or other feedback about the App and/or the Service and the Delivery Robots (“Feedback”). By submitting Feedback, you agree that Starship is free to use such Feedback at its discretion without any obligation to you. Starship may also choose to disclose Feedback to third parties. You hereby grant Starship a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- Submitted content.
Starship is not the source of, does not verify or endorse and takes no responsibility for the content submitted using the App and/or the Service. The content is entirely the responsibility of the person from whom such content originated. You are responsible for the content you choose to communicate and access using the App and/or the Service. Starship may in its sole discretion block, prevent delivery of or otherwise remove content as part of its effort to protect the App, the Service or its customers, or otherwise enforce the terms of this ToU. Further, Starship may in its sole discretion remove such content and/or terminate this ToU, if applicable, if you use any content that is in breach of this ToU.
“Submitted Content” consists of information or materials you submit or make available through the App and/or the Service, including, but not limited to, reviews that you post regarding the Service. You hereby grant to Starship a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use, copy and store the Submitted Content for the purpose of making available, enhancing, operating, developing and otherwise exploiting Starship’s products and services, including the App and/or the Service or any other websites and mobile applications. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything to which you do not have the full right to submit under this Section 17.
You acknowledge that the Submitted Content is your sole responsibility. You are entirely responsible for the Submitted Content and agree, under no circumstances, will Starship be liable in any way for Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
18.1. Operational text messages. By using the Service or the App, you may receive text (SMS) messages at the phone number provided to us by you. These messages include operational messages about your use of the App and/or the Service, including status of delivery or Delivery Robot interaction information. You will not be able to use the Service or the App without agreeing to receive operational text messages. You may opt-out of receiving all text messages from Starship at any time by sending an email to email@example.com indicating that you no longer wish to receive any text messages, along with the phone number of the device receiving the messages. You may continue to receive text messages for a short period while Starship processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Text messages may be sent using an automatic telephone dialing system. If you change or deactivate the phone number you provided to Starship, it is your sole responsibility to update your personal information provided to Starship so that Starship does not inadvertently communicate with anyone who acquires your old number. You agree that standard mobile carrier fees may apply for such text messages and acknowledge that all such fees are your sole responsibility.
18.2. Operational push notifications. You may receive push notifications, which are messages the 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. These messages include operational messages about your use of the App and/or the Service including status of delivery or Delivery Robot interaction information.
18.3. Marketing push notifications and e-mail. We may send you push notifications and emails concerning our products and services. You can turn off notifications by visiting your mobile device’s “settings” page. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
The App and the Service are not directed toward persons under 18 years of age, and Starship does not knowingly collect information from persons under 18 or allow them to access the Service. If you are under 18, please do not submit any personal information about yourself to Starship.
- Disclaimer of WarrantIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE APP AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
STARSHIP DOES NOT REPRESENT OR WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE APP AND THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (II) THAT OPERATION OF THE APP AND THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) YOUR USE OF THE APP AND THE SERVICE WILL MEET YOUR REQUIREMENTS; (IV) DEFECTS IN THE OPERATION OF THE APP WILL BE CORRECTED; OR (V) THE APP AND THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE APP AND THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. STARSHIP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP AND THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
- Limitation of Liability.
STARSHIP AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
a) ANY LOSS OF PROFIT AND NON-PATRIMONIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APP AND THE SERVICE; OR
b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF STARSHIP OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED EUROS (€100) FOR ANY FOOD OR RETAIL ORDER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE, DELAY, MISDELIVERY, NON-DELIVERY, MISINFORMATION, ANY FAILURE TO PROVIDE INFORMATION, OR MISDELIVERY OF INFORMATION RELATING THE AFFECTED GOODS. YOU ASSUME ALL RISK OF LOSS IN EXCESS OF THE AMOUNTS STATED ABOVE.
Where damage is caused intentionally or due to gross negligence, or where death or damage to health is caused to a physical person the above limitations to liability do not apply.
- 2 Notice regarding app stores.
To the extent that you are using our mobile applications that you downloaded through a third party’s App store, you further acknowledge and agree to the terms of this Section. You acknowledge that this ToU is between you and Starship only, not with the owner or operator of the App store (the “App Store Provider”), and the App Store Provider is not responsible for the App or the Service and the content thereof.
The App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the Service. In the event of any failure of the App or Service to conform to any applicable warranty, you may notify the App Store Provider and the App Store Provider will refund any applicable purchase price for the mobile application to you.
The App Store Provider will not be responsible for addressing any claims by you or any third party relating to the App or the Service or your possession and/or use of the App or the Service, including, but not limited to (i) product liability claims; (ii) any claim that the App or the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
The App Store Provider will not be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or the Service and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the App or the Service. You acknowledge and agree that the App Store Provider and its subsidiaries are third-party beneficiaries of this ToU, and upon your acceptance of this ToU, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this ToU against you as a third-party beneficiary of this ToU.
ToU revisions. This ToU may only be revised in writing, signed by Starship, or published by Starship via the App or the Service.
No partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Starship as a result of this ToU or your use of the App or the Service.
Assignment. Starship may assign its rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU, other than the right to claim damages, may not be assigned without Starship’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
Attorneys’ fees. In the event any out-of-court or court litigation is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Starship of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
Notices. All notices given by you or required under this ToU shall be in writing and sent to firstname.lastname@example.org, if not otherwise stated in this ToU.
Equitable remedies. You acknowledge and agree that Starship would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled to appropriate equitable remedies with respect to breaches of this ToU under applicable law.
Entire agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and Starship with respect to the App and the Service and supersedes any and all prior agreements between you and Starship relating to the App and the Service.