We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or any portion thereof.
In addition to being bound by these terms, if you are using the App on iOS, you agree to be bound by Apple’s Standard License Agreement.
Availability and pricing
The App is currently only available on the iOS platform, distributed through Apple's iOS App Store (the "App Store").
We reserve the right to alter the pricing of the App at any time without warning. Adjustments to pricing, specifically to a sale cost that is lower than the price the user originally purchased the App for, will not result in any form of compensation or reimburstment being issued for any reason. The price you purchased the App for at the exact time of your sale is the final, non-negotiable price for you (irrespective of future changes in pricing). By purchasing the App you understand you will not be reimbursed in such a situation, even in the event the App is significantly reduced in price (or is made available at no cost) some point after you purchase the App.
Purchases and payments
If you choose to purchase the App through the App Store, the payment will be charged to your Apple ID account at the time that you make the purchase.
All purchases are final. Autocart cannot issue refunds for payments made through the App Store. Queries about purchases or refunds should be directed towards the App Store.
Payments made to third-party websites, web stores and sales vendors, facilitated via means of the App, are not processed in any way by us. These payments are contracted only between the user who makes the purchase via the App and the third-party website, web store or sales vendor alone. We take no responsibility for any financial transaction that occurs between a user of the App and said third-party website, web store or sales vendor.
Third-party websites, web stores and sales vendors
The App relies on connections to third-party websites, web stores and sales vendors in order to perform its functions of placing orders on goods/services on your behalf. We are not affiliated on any level with any third-party website, web store or sales vendor. Transmissions of data made by the App to third-party sites is strictly between you and the vendor you choose to connect to via the App. It is your responsibilty to ensure that any third-party web store you connect to via the App is (a) legitimate, uncompromised, trustworthy and (b) the third-party web store is the web store that that you expected to connect to, by verifying the uniform resource locator (URL) of the site is correct. We take no responsibility for any such misuse, intentional or not, of the App.
The App is only supports a limited selection of third-party websites, web stores and sales vendors. There is no expectation for these supported sites to be documented in any official website or other documentation in the App. This is because a third-party website, web store or sales vendor could update the structure or layout of their site without notice and break functionality for this site in the App. By using the App, you understand word-of-mouth is a sufficient mechanism of relaying information about supported third-party websites, web stores and sales vendors. Supported web stores may be advertised using paid-for advertisments in order to promote the App. The officially supported third-party websites, web stores and sales vendors within the App may change at any time for any reason. If a given third-party website, web store or sales vendor is supported in the App, there is no guarantee that said third-party website, web store or sales vendor will be supported in the future, even if this was previously advertised to have worked. Advertisments featuring functionality of the App with regards to a specific third-party website, web store or sales vendor will always reflect current functionality of the App at the time of publication of the advertisment, and may not reflect future funtionality of the App, which could change at any time for any reason.
We take no responsibility in the event that a third-party website, web store or sales vendor's site becomes (a) compromised, hacked, attacked or is otherwise damaged or exposed in a way that results in the loss, damage or exposure of your personal information OR (b) non-functional as a result of the vendor terminating/suspending their service, experiencing software bugs/glitches, or for any other reason.
We take no involvement in financial transactions that occur between you and the third-party website, web store or sales vendor from which you purchase goods or services. Financial transaction contracts are made between you and the third-party website, web store or sales vendor alone. No payments or sensitive payment information for purchased goods or services made through the App are obtained by Bradley Mackey/Autocart. Queries about refunds, unintended transactions or any other financial mishap should be directed to the third-party website, web store or sales vendor to which your query relates for them to resolve.
We take no responsibility in the event that a third-party website, web store or sales vendor's site
(a) becomes compromised, hacked, attacked or is otherwise damaged in a way that results in the loss, damage or exposure of your personal or financial information OR (b) ceases to function as intended due to the website or web store terminating their service, suspending their service, because they are experiencing software glitches, or for any other reason.
The App works with a limited number of third-party websites, web stores and sales vendors. There is no guarantee (expressed or implied) that a site supported at one moment in time will be supported in the future. This includes information about items that are currently available on a given store and items that will soon be available on a given store. There is no guarantee that these lists of items will be updated or accurate for a given third-party website, web store or sales vendor and we reserve the right to terminate support for any third-party website, web store or sales vendor at any time.
By using the App, you agree to using a secure password, passcode or other personal device authentication mechanism to reduce the likelihood of said information becoming compromised. A comprehensive guide from Apple on how to accomplish this on iOS can be found here.
We take no responsibility, and will not be financially liable in the event that the App behaves in an erratic or unexpected manner, resulting in (a) a purchase/financial transaction for a good/service to any third-party website, web store and sales vendor that you did not intend, nor was indicated in the user interface of the App OR (b) a purchase/financial transaction for a good/service to any third-party website, web store and sales vendor that you did intend not completing as expected, resulting in you being unable to obtain a particular good/service.
We make no guarantees the App will be able to operate as advertised expect on all third-party websites, web stores and sales vendors; the App provides limited support for a limited number of third-party websites, web stores and sales vendors. Supported third-party websites, web stores and sales vendors may change at any time for any reason without prior warning.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the App, your use of the App, your connection to the App, your violation of the Terms, or your violation of any rights of another person or entity.
Misuse, abuse, or otherwise damaging behaviour caused by use of the App (determined by us at our sole discretion), will result in termination of your account and license to use the App. This includes all law covered under the Computer Misuse Act 1990 if you are inside the UK, as well the terms described herein.
This App is controlled by Bradley Mackey, from its offices within the United Kingdom. We make no representation that the Content in the App or the App are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this App from locations outside of the United Kingdom do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.K. export laws and regulations. Any action related to the App, the Content or the Terms shall be governed by U.K. law.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the App (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the App.
Termination of your account may include (x) removal of access to all offerings within the App, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the App.
Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the App.
Additionally, we reserve the right to terminate any portion the functionality of the App at any time without warning. This will result in effective termination of your account, as the App will no longer be functional.
Disclaimer of Warranties and Liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE IN THE APP ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. BRADLEY MACKEY/AUTOCART AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BRADLEY MACKEY/AUTOCART AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APP WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO RELEASE BRADLEY MACKEY/AUTOCART, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APP, (c) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BRADLEY MACKEY/AUTOCART HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bradley Mackey/Autocart as a result of the Terms or your use of the App. The Terms constitute the entire agreement between you and Bradley Mackey/Autocart with respect to your use of the App. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us. We have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the App. Our notice to you via email, regular mail, or notices or links on the App shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Changes to this policy
Summary of changes so far:
- 6 March 2020: First published.
- 10 March 2020: Information about supported sites.