END USER LICENCE AGREEMENT

Last updated: September 09, 2024

BOXXED is licensed to You (End-User) by BOXXEDFOOD LTD, located and registered at 128 Midland Road, Barnsley, S71 4QT, United Kingdom (“Licensor”), for use only under the terms of this Licence Agreement.

By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) or Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement as the “Services.”

The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations regarding the Licensed Application, such as warranty, liability, maintenance, and support. BOXXEDFOOD LTD, not the Services, is solely responsible for the Licensed Application and its content.

This Licence Agreement does not conflict with the Apple Media Services Terms and Conditions or Google Play Terms of Service (“Usage Rules”). BOXXEDFOOD LTD acknowledges that it has reviewed the Usage Rules, and this Licence Agreement is compliant with them.

BOXXED, when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. BOXXED is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).


TABLE OF CONTENTS

  1. THE APPLICATION
  2. SCOPE OF LICENCE
  3. TECHNICAL REQUIREMENTS
  4. MAINTENANCE AND SUPPORT
  5. USE OF DATA
  6. USER-GENERATED CONTRIBUTIONS
  7. CONTRIBUTION LICENCE
  8. LIABILITY
  9. WARRANTY
  10. PRODUCT CLAIMS
  11. LEGAL COMPLIANCE
  12. CONTACT INFORMATION
  13. TERMINATION
  14. THIRD-PARTY TERMS AND BENEFICIARY
  15. INTELLECTUAL PROPERTY RIGHTS
  16. APPLICABLE LAW
  17. MISCELLANEOUS

1. THE APPLICATION

BOXXED (“Licensed Application”) is a piece of software created to facilitate the ordering and delivery of meals, providing users with detailed ingredient lists, allergen warnings, and customization options. It also allows real-time order tracking and secure payments via multiple methods. It is customized for iOS and Android mobile devices (“Devices”). The Application’s main use is to allow users to browse meal options, place food orders, and track their deliveries. It ensures a safe and convenient user experience with integrated allergen management and secure payment gateways.


2. SCOPE OF LICENCE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with BOXXEDFOOD LTD’s prior written consent), sell, rent, lend, lease, or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with BOXXEDFOOD LTD’s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup purposes. You may not remove any intellectual property notices. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 Violations of the obligations mentioned above, as well as attempts of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.


3. TECHNICAL REQUIREMENTS

The Licensed Application requires a compatible mobile device running iOS or Android to operate correctly. It may also require access to an internet connection for certain features. Specific technical details and requirements are provided in the App Store or Play Store listing.


4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2 BOXXEDFOOD LTD and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.


5. USE OF DATA

You acknowledge that the Licensor will have access to Your downloaded Licensed Application content and personal information, and the Licensor’s use of such material and information is subject to Your legal agreements with the Licensor and Licensor’s privacy policy: https://www.boxxedfood.com/privacy-policy.

Licensor may also periodically collect and use technical data and related information about your device, system, and application software to offer product support and facilitate updates.


6. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not allow users to submit or post content. However, if such features are introduced, you may submit or post contributions, including text, video, or other material. You are responsible for ensuring that any contributions comply with applicable law and do not infringe on any third-party rights. Contributions will be treated in accordance with the Licensed Application’s Privacy Policy.


7. CONTRIBUTION LICENCE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.


8. LIABILITY

8.1 Licensor’s responsibility for violation of obligations and tort shall be limited to intent and gross negligence. In case of breach of essential contractual duties, Licensor shall also be liable in case of slight negligence. Liability is limited to foreseeable, contractually typical damages.

8.2 Licensor takes no responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement.


9. WARRANTY

9.1 Licensor warrants that the Licensed Application is free of spyware, viruses, or any other malware at the time of Your download and works as described in the user documentation.

9.2 No warranty is provided for issues arising from unauthorized modification, misuse, or use with incompatible hardware/software.

9.3 You must inspect the Licensed Application immediately after installation and report any defects within 7 days by contacting Licensor.


10. PRODUCT CLAIMS

BOXXEDFOOD LTD and the End-User acknowledge that BOXXEDFOOD LTD, and not the Services, is responsible for addressing any claims of the End-User or any third party related to the Licensed Application.


You represent and warrant that You are not located in a country that is subject to a US Government embargo, or listed on any US Government list of prohibited or restricted parties.


12. CONTACT INFORMATION

For general inquiries, complaints, questions, or claims concerning the Licensed Application, please contact:

Tom Moorby
128 Midland Road
Barnsley, S71 4QT
United Kingdom
contact@boxxedfood.com


13. TERMINATION

This licence is valid until terminated by BOXXEDFOOD LTD or by You. Your rights under this licence will terminate automatically without notice if You fail to comply with any term(s) of this licence.


14. THIRD-PARTY TERMS AND BENEFICIARY

BOXXEDFOOD LTD will comply with applicable third-party terms when using the Licensed Application. Both Apple and Google are third-party beneficiaries of this Licence Agreement.


15. INTELLECTUAL PROPERTY RIGHTS

BOXXEDFOOD LTD, and not the Services, will be responsible for investigating, defending, settling, and discharging any third-party intellectual property infringement claims.


16. APPLICABLE LAW

This Licence Agreement is governed by the laws of the United Kingdom.


17. MISCELLANEOUS

17.1 If any terms of this agreement become invalid, the remaining provisions shall remain valid. Invalid terms will be replaced by valid ones that achieve the primary purpose.

17.2 Changes and amendments to this agreement are only valid if laid down in writing.