Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING TO USE THIS APP

Who we are and how to contact us

This app is operated by Man and Van the App Limited (“We” or “Us” or “Our”). We are registered in England and Wales under company number 10993815 and have our registered office at Alex House, 260/8 Chapel Street, Salford, Manchester, M3 5JZ. Our main trading address is c/o Dale Street Digital, 35 Dale Street, Manchester, M1 2HF. Our VAT number is [VAT NUMBER].

We are a limited company.

To contact us, please email support@manandvan.app or call us on: 0161 7300 530.

By using and registering with our app You accept these terms

By using and registering with our app, You confirm that You accept these terms of use and that You agree to comply with them.

If You do not agree to these terms, You must not use our app.

We recommend that You print or retain a copy of these terms for future reference.

There are other terms that may apply to You

These terms of use refer to the following additional terms, which also apply to Your use of our app:

Basis of contract

Each time You engage a man and van (“MAV”) via the app this will be a stand-alone and separate contract between You and the MAV. Each contract between You and a MAV will come into force once You have agreed the scope of the services to be provided by the MAV (“Services”) via the app. All terms associated with any such contract must be documented via the app.

Please note that any contract to engage a MAV is a contract between You and the relevant MAV and is not a contract between You and Us.

You shall:

  1. ensure that the any information You provide when requesting the services of a MAV is complete and accurate (this may include things such as the size, weight, current location, destination location and access details (both to current location and destination location) of the items to be moved by the MAV);
  2. co-operate with both Us and the MAV in all matters relating to the Services;
  3. provide the MAV, its employees, agents, consultants and subcontractors, with access to Your premises, office accommodation and other facilities as reasonably required by the MAV for the purposes of enabling the MAV to provide the Services;
  4. provide the MAV with such information and materials as the MAV may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
  5. provide Us with such information and materials as We may reasonably require in order to monitor the supply of the Services and the MAV’s obligations to Us, and ensure that such information is complete and accurate in all material respects;
  6. obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
  7. comply with all applicable laws, including health and safety laws;
  8. ensure that all communication between You and the MAV relating to the arrangements between You and the MAV is made via the app;
  9. notify Us via the app in a timely manner, and in any event within 3 days of the Services being provided, once the Services have been supplied to Your reasonable satisfaction;
  10. notify Us via the app in a timely manner, and in any event within 3 days of the Services being provided, if the Services are not supplied to Your satisfaction or in accordance with the terms agreed between You and the MAV;
  11. co-operate with both the MAV and Us in relation to any dispute over the Services, the contract between You and the MAV or compliance with any specification agreed between You and the MAV relating to the Services; and
  12. act at all times in good faith to both Us and the MAV.

Payment for Services

The charges for the Services (Charges) shall be such charges as agreed between You and the MAV via the App.

You acknowledges that the MAV has appointed Us as its agent for the collection of any sum due from You to the MAV. We will take a commission of the fee You agree with the MAV as such the price agreed with the MAV via the app is the price You pay.

When You agree to engage a MAV and the price has been agreed You will provide Your payment details via the app which will be processed by Stripe Inc or one of its subsidiary companies who will hold Your credit card and other payment details and process Your payment.

Once the MAV has supplied the Services You will, within 3 days of the date of the Services provision, confirm via the app that the Services have been supplied. Once You have confirmed the Services have been provided, or You fail to provide such confirmation or notify US of a complaint in relation to the services within 3 days of the date of the Services provision, payment will be taken as per the details provided at the point of Booking.

If (1) You do not provide confirmation that either the Services have been provided or that there is an issue with the Services within 3 days of the Services being provided or (2) the MAV is not able to provide the Services because You have not complied with Your obligations as set out in the Your obligations section above, then payment will automatically be taken.

In the event that that there is an issue with the Services that have been provided by the MAV which is notified to Us in within the 3 day timescale stipulated above then the dispute between You and the MAV shall be referred to Us who may determine the dispute in accordance with the Our dispute resolution policy [INSERT HYPERLINK TO DISPUTE RESOLUTION POLICY] Once the dispute has been resolved then payment will be made as appropriate based on the outcome of the dispute.

Cancellation

Where You have booked the Services of a MAV via the app (a “Booking”) then You may cancel such Booking at no cost so long as such Booking is cancelled more than 24 hours prior to the time specified for the Booking.

Where You cancel a Booking within 24 hours prior to the agreed time of the Booking then You will be liable for the full cost of the Booking with payment being taken in accordance with the Payment for Services section above.

Please note that if You request the MAV to provide the Services on a date which is less than 14 days from the date of the Booking then Your right to cancel that contract/Booking under the Consumer Contract Regulations 2013 does not apply, however, You may cancel the contract/Booking in accordance with the methods set out in this section.

If the MAV cancels the Booking or does not provide the Services then You will be entitled to a full refund of any sums paid.

We may make changes to these terms

We amend these terms from time to time. Every time You wish to use our app, please check these terms to ensure You understand the terms that apply at that time.

We may make changes to our app

We may update and change our app from time to time to reflect changes to our services, our users’ needs and our business priorities.

We may suspend or withdraw our app

Our app is made available free of charge.

We do not guarantee that our app, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our app for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our app through Your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep Your account details safe

If You choose, or You are provided with as part of Your registration process, a user identification code, password or any other piece of information as part of our registration and security procedures, You must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these terms of use.

If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify us at support@manandvan.app

User-generated content is not approved by us

The app may include information and materials uploaded by other users of the app. This information and these materials have not been verified or approved by us. The views expressed by other users on our app do not represent our views or values.

If You wish to complain about information and materials uploaded by other users please contact us on support@manandvan.app.

Prohibited uses


You may use our app only for lawful purposes. You may not use our app:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material, or make another posting on our app, which does not comply with our content standards set out below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our app in contravention of the provisions of our terms of app use as set out in this document.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our app;
  • any equipment or network on which our app is stored;
  • any software used in the provision of our app; or
  • any equipment or network or software owned or used by any third party.

Content standards

These content standards apply to any and all material which You upload to our app (Upload), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Upload as well as to its whole.

We will determine, in its discretion, whether an Upload breaches the Content Standards set out in this section.

All Uploads must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

Any Upload must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent Your identity or affiliation with any person.
  • Give the impression that the Upload emanates from Us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which You know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

Our responsibility for loss or damage suffered by You

  • We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our app or any content on it.
  • We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our app;
  • use of or reliance on any content displayed on our app; or
  • work performed by, or services provided by, third parties to whom You are introduced via the app.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
  • We make no representation as to the suitability of any MAV for any project which You may post via the app. We merely verify when a MAV registers to join our app that the MAV is at that point in time eligible to work in the UK, is self-employed, holds a driving licence and vehicle insurance. The selection of any MAV by You for a particular purpose is done so entirely at Your own determination with no liability on our part and our sole liability to You relates to the refund of any fees paid by You to Us as the MAV’s agent where under these terms a refund is due to You.

How we may use Your personal information

We will only use Your personal information as set out in our Privacy Policy.

Please note Your personal information will be shared with MAVs who are asked via the app to quote for the jobs You have posted via the app.

Uploading content to our app

Whenever You make use of a feature that allows You to upload content to our app, or to make contact with other users of our app, You must comply with the content standards set out in the “Content Standards” section set out above.

You warrant that any such upload does comply with those standards, and You will be liable to us and indemnify us for any breach of that warranty. This means You will be responsible for any loss or damage we suffer as a result of Your breach of warranty.

In respect of any content You upload to our app, You retain all of Your ownership rights in Your content, but You are required to grant us and other users of our app, including MAVs who may access any such content, a limited licence to use, store and copy that content for the purposes of matching any request for assistance from registered users with an appropriate MAV and to allow the chosen MAV to perform the Services under any contract they enter into with You. The rights You license to us are described in the Rights You are giving us to use material You upload section below.

We also have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to our app constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting You make on our app if, in our opinion, Your post does not comply with the “Content Standards” set out above.

You are solely responsible for securing and backing up Your content.

Rights You are giving us to use material You upload

When You upload or post content to our app, You grant us the following rights to use that content:

  • a licence for us to post that information on the app and make it available to MAVs who have registered to use the app to view such content and to pass on message between You and any MAV You have contracted with; and.
  • a licence for MAVs registered with the app to download and view such content for the purposes of responding to Your request for assistance and otherwise to use any such content in connection with the provision of Services to You if You enter into a contract with any such MAV.

We are not responsible for viruses and You must not introduce them

We do not guarantee that our app will be secure or free from bugs or viruses.

You are responsible for configuring Your information technology, computer programmes and platform to access our app. You should use Your own virus protection software.

You must not misuse our app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack our app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our app will cease immediately.

Which country’s laws apply to any disputes?

These terms in respect of Your registration with us and continued use of the app, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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