Our end-user licence agreement and terms of use (version 1.0 – last updated 13-May-2021)
  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions (Terms) on which we supply services to you whether via www.townmarkets.co.uk or via our “Town Markets” app (collectively Our App). By accessing, browsing or otherwise using Our App by any means and via whatever device or registering your details with us, you agree to abide by the terms and conditions of these Terms.
    2. Why you should read them. Please read these Terms carefully before you use or submit any order via Our App. If you think that there is a mistake in these Terms, please contact us to discuss and do not use Our App.
    3. Changes to these Terms. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 15 days’ notice of any change by sending you an e-mail or an SMS with details of the change or notifying you of a change when you next start Our App. If you do not accept the notified changes you will not be permitted to continue to use Our App.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are TM Techsoft Ltd, a company registered in England and Wales. Our company registration number is 12966592 and our registered office is 1-5, The Downs, Altrincham, England, WA14 2QD. Our brand name is "Town Markets".
    2. How to contact us. You can contact us by telephoning our customer service team at 07459 545400 or by writing to us at info@tmtechsoft.com or at 1-5, The Downs, Altrincham, England, WA14 2QD.
    3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us or by way of SMS.
    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and SMS.
  3. LICENCE
    1. Licence. We licence you to use:
      1. the “Town Markets” mobile application software, the data supplied with Our App and any updates or supplements to it
      2. the related online or electronic documentation (Documentation) and
      3. the service you connect to via Our App and the content we provide to you through Our App (Services), as permitted in these Terms.
    2. App store's terms may also apply. The ways in which you can use Our App and Documentation may also be controlled by the rules and policies of the app store where you downloaded Our App so you should carefully review those terms.
  4. OPERATING SYSTEM REQUIREMENTS
    1. Operating system requirements. Our App requires Android or iOS device with a minimum of 2 GB of memory and the current version of the respective operating system.
  5. HOW YOU MAY USE OUR APP
    1. How you may use Our App. In return for your agreeing to comply with these Terms you may:
      1. download a copy of Our App onto up to a maximum of 3 phones or devices and view, use and display Our App and the Services on such devices for your personal purposes only
      2. use any Documentation to support your permitted use of Our App and the Services
      3. provided you comply with the licence restrictions set out in these Terms, make up to 1 copy of Our App and the Documentation for back-up purposes and
      4. receive and use any free supplementary software code or update of Our App incorporating "patches" and corrections of errors as we may provide to you.
    2. You may not transfer Our App to anyone else. We are giving you personally the right to use Our App and the Services as set out in Clause 5.1 above. You may not transfer Our App or any Services to someone else, whether for money, for anything else or for free. If you sell any device on which Our App is installed, you must first remove Our App from it.
    3. If someone else owns the phone or device you are owning. If you downloaded Our App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own such phone or other device.
  6. UPDATES TO OUR APP AND CHANGES TO THE SERVICES
    1. Updates to Our App and changes to the Services. From time to time, we may automatically update Our App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update Our App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using Our App and the Services. Our App will always work with the current version of your devices operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
  7. YOUR ACCOUNT
    1. User account. You will be required to set up an account with us (User Account) if you wish to use Our App and access the full features of Our App and Services although some features will work without registration. To obtain a User Account, you are required to complete a registration process. You hereby represent to us that all information submitted to us during the registration process is accurate and true and you undertake to keep your registration information up to date.
    2. Children. If you are under 18 you may use Our App only with the involvement of a parent or guardian.
    3. Responsibility for your User Account. You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your system and User Account. This includes keeping your User Account details secret such as your User Account ID and password and not allowing other users to use your User Account. In some cases, a one-time password (OTP) will be sent to your registered phone or e-mail address to access Our App. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these Terms.
    4. App permissions. You agree to allow Our App to access the following services on your phone or device: Camera, Location, Microphone, Storage & Telephone. If you do not enable these services, you may not be able to use Our App or the Services. If, after allowing Our App access to such services, you wish to revoke such access, and you are not able to do so within Our App, then you will need to delete Our App from your phone or device and no longer use Our App or the Services.
    5. Responsibility for purchases. You are responsible for all use of your User Account, including all purchases and online conduct (except where such use is directly due to our error) including if you are the parent or guardian of a user under the age of 18. You may be liable for unauthorised usage of your User Account because of failing to keep your information secure. If you believe you have been a victim of crime in relation to Our App (including any fraudulent activity on your User Account) you should immediately contact us.
    6. Reviews and community board/feed posts. You may only access Our App and use the Services including making posts on Our App’s community board/feed which may consist of text, pictures or videos and/or posting text review(s) so long as you do not post anything that is infringing of intellectual property rights or is illegal, obscene, abusive, threatening, defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, or is otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You are responsible for any content that you post to Our App including its legality, reliability, and appropriateness. You represent and warrant that such content is yours, you have the right to use it, and that the posting of the content on or through Our App or the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
    7. Closure or suspension of your User Account. You acknowledge and agree that we shall be entitled to terminate or suspend your User Account at our sole discretion without any notice to you in the event of your breach of these Terms or without any reason. You understand that termination of your User Account may lead to blocking, deletion and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your User Account, as well as access to some or all of the Services.
  8. THE SERVICES
    1. 3rd Party Sellers. We do not sell any products on Our App, instead 3rd parties (3rd Party Sellers) operate stores, provide services, or sell product lines on Our App (3rd Party Products). We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites or any 3rd Party Products. We do not assume any responsibility or liability for the actions and content of any 3rd Party Seller, any other third party or any 3rd Party Product.
    2. Our role. Our role is simply to provide and operate Our App to allow 3rd Party Sellers to provide services and sell 3rd Party Products and to act as a service provider to facilitate the transaction between you and such 3rd Party Sellers. We are neither the buyer nor the seller of any 3rd Party Product and there is no contract formed between us for the sale or purchase of anything, only between you as the buyer and the seller of the 3rd Party Product, therefore we assume no responsibility out of or in connection with that contract and we do not act as your agent in that contract. If there is a dispute with a 3rd Party Seller, you understand and agree that we are under no obligation to become involved. If you have a dispute with a 3rd Party Seller, you hereby release us, our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or Our App and the Services. Note that Our App will only display 3rd Party Sellers who are within a certain radius of your physical location, currently 5 miles, but as such radius is subject to change without notification to you.
    3. 3rd Party Products. The images of 3rd Party Products on Our App are for illustrative purposes only. Although we and the 3rd Party Sellers take reasonable care to display 3rd Party Products accurately, there may be small discrepancies in the size and colour of the final 3rd Party Product. The packaging of any 3rd Party Product may vary from that shown in images on Our App. In the case of any 3rd Party Product made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. All 3rd Party Products are subject to availability. Prices and charges listed in Our App for 3rd Party Products include VAT where applicable. All payments are to be made directly to the respective 3rd Party Seller by way of cash on delivery/collection or by way of bank transfer in advance, such payments to include the TM Convenience Fees specified in Clause 8.4 below.
    4. Platform Fees. You will be required to pay platform fees to order any 3rd Party Product via Our App (TM Convenience Fees). You will be informed of the TM Convenience Fees at the time before you confirm your order for any 3rd Party Product and TM Convenience Fees will be displayed on the receipt issued by Our App. TM Convenience Fees are not refundable under any circumstances.
    5. Coupons. You may be able to apply a coupon to purchase any 3rd Party Product which will reduce the price you need to pay. The coupon will be applied at the time you confirm your order. Coupons may be single-use or multiple-use as stated on such coupon.
    6. Delivery. The shipping and delivery to you of any 3rd Party Product will be fulfilled by the respective 3rd Party Seller and not by us. You will be informed of the manner and price of the delivery before you confirm your order for any 3rd Party Product. We assume no responsibility out of or in connection with the delivery of any 3rd Party Product. Time will not be of the essence for any delivery period. Any 3rd Party Product will be your responsibility from the time it is collected by you from the 3rd Party Seller or delivered to you by the 3rd Party Seller. If any 3rd Party Product does not arrive then you should contact the 3rd Party Seller and not us. You will own a 3rd Party Product once the 3rd Party Seller has received payment in full for such 3rd Party Product.
    7. Order period and statutory “cooling off” period. Each 3rd Party Seller will be able to set a period within Our App up to a maximum of 7 days within which you will need to pay for (and collect if delivery has not been arranged) any 3rd Party Product you have ordered via Our App. If you have not paid for and/or collected such 3rd Party Product within such period, your order will be cancelled by the 3rd Party Seller and you will not receive a notification of such cancellation. Additionally, at any time within such period you may have the right to change your mind and cancel your order of any 3rd Party Product and if so, you must contact the 3rd Party Seller directly. You may also have the right within 14 days of the delivery (but not collection) of such 3rd Party Product to change your mind and return the 3rd Party Product to the 3rd Party Seller and if so you must contact the 3rd Party Seller directly and you must return the respective 3rd Party Product to the respective 3rd Party Seller at your own cost and within 14 days from notifying the respective 3rd Party Seller. The 3rd Party Seller will be required to refund to you the price you paid for the respective 3rd Party Product, however, note that your right to change your mind does not exist:
      1. where such 3rd Party Product is not in the same condition that it was supplied to you by the 3rd Party Seller; or
      2. where the stated expiry period on such 3rd Party Product has already passed or is soon to expire; or
      3. where such 3rd Party Product has been made to your specifications such as a bespoke or made to measure product or a 3rd Party Product which has been personalised; or
      4. where such 3rd Party Product has become inseparably mixed with or incorporated into other items; or
      5. where such 3rd Party Product is something that quickly deteriorates or expires such as a food product; or
      6. where such 3rd Party Product is a newspaper, periodical or magazine; or
      7. where such 3rd Party Product is sealed for health protection or hygiene reasons and it has become unsealed after delivery; or
      8. where such 3rd Party Product is a sealed audio recording or sealed video recording or sealed computer software, and it has become unsealed after delivery; or
      9. if the 3rd Party Seller is an individual and not a business.
    8. Your statutory right to return. If the 3rd Party Product is faulty or defective, you have the legal right to either:
      1. reject the faulty or defective 3rd Party Product and request a refund from the respective 3rd Party Seller within 14 days after you return any faulty or defective 3rd Party Product to the respective 3rd Party Seller on the condition that you return such faulty or defective 3rd Party Product within 30 days of receiving it, whether by way of delivery or collection; or
      2. request that the 3rd Party Seller either repairs (if appropriate) or replaces the faulty or defective 3rd Party Product on the condition that you return such faulty or defective 3rd Party Product within 30 days of receiving it, whether by way of delivery or collection (“short term right to reject”). If you exercise this right, the 30 day period for the “short term right to reject” is paused until you receive back the repaired or replaced 3rd Party Product. On return of the repaired or replaced 3rd Party Product, you have the remainder of the 30 day period, or 7 days (whichever is longer) during which time you can reject the 3rd Party Product (if still faulty or defective) and claim a refund.

      If the 3rd Party Product is faulty or defective after 30 days from delivery or collection, you have the legal right to request that the 3rd Party Seller either repairs (if appropriate) or replaces the faulty or defective 3rd Party Product but if this is not possible you can reject the faulty or defective 3rd Party Product and claim a refund (the “final right to reject”) or retain the defective 3rd Party Product but receive a partial refund.

      When a refund is required, this must be a full refund except for 3rd Party Products where over 6 months has passed from delivery or collection. In such cases, the 3rd Party Seller may make a deduction from the refund to account for your use of the respective 3rd Party Product.

      However, note that your right to return does not exist:

      1. where such 3rd Party Product has been made to your specifications such as a bespoke or made to measure product or a 3rd Party Product which has been personalised; or
      2. where such 3rd Party Product has become inseparably mixed with or incorporated into other items; or
      3. where such 3rd Party Product is something that quickly deteriorates or expires such as a food product; or
      4. where such 3rd Party Product is a newspaper, periodical or magazine; or
      5. where such 3rd Party Product is sealed for health protection or hygiene reasons and it has become unsealed after delivery; or
      6. where such 3rd Party Product is a sealed audio recording or sealed video recording or sealed computer software, and it has become unsealed after delivery; or
      7. if the 3rd Party Seller is an individual and not a business.

      Unless otherwise notified to you in writing by the 3rd Party Seller, you do not have the right to return any non-faulty or non-defective 3rd Party Product to the respective 3rd Party Seller under any circumstances.

    9. Third party websites. Our App or the Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
    10. Our 3rd Party Sellers currently only sell within the UK. Our App is solely for the sale of 3rd Party Products by 3rd Party Sellers in the UK.
    11. Your consumer rights. Your consumer rights, whether as a consumer or business customer, are not affected in any way by using Our App. Each 3rd Party Seller (other than an individual and not a business) is under a legal obligation to supply 3rd Party Products that are of satisfactory quality, are fit for purpose and that match the description set out in Our App.
    12. Circumstances beyond the control of us or you. If the event of any failure by either of us due to something outside of the respective party’s reasonable control, then that party will advise the other party as soon as reasonably practicable, and the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
  9. INTELLECTUAL PROPERTY; LICENCE RESTRICTIONS
    1. Intellectual property. We are the owner or the licensee of all intellectual property rights in Our App, in the material published on it, the Documentation and all of our publications and visual representations and designs whether published online or on our products (Our IP) Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, Our App, the Documentation or the Services other than the right to use them in accordance with these Terms. You must not use any part of Our IP for commercial purposes without obtaining a written licence to do so from us.
    2. Prohibited actions. You agree that you will:
      1. not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, Our App in any form, in whole or in part, to any person without prior written consent from us;
      2. not copy Our App except as part of the normal use of Our App or where it is necessary for the purpose of back-up or operational security
      3. not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of Our App nor permit Our App or any part of it to be combined with, or become incorporated in, any other programs, applications or digital content;
      4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Our App
      5. not attempt to, or assist, authorise or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of Our App;
      6. not access or use the source code of Our App and
      7. comply with all applicable technology control, export control and trade sanctions laws and regulations relating to Our App.
    3. Acceptable use restrictions. You must not (or permit or assist others to):
      1. use Our App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Our App, the Services or any operating system;
      2. infringe our intellectual property rights or those of any third party in relation to your use of Our App, including by the submission of any content or material (to the extent that such use is not licensed by these Terms)
      3. breach any of the user content rules in Clause 7.6 (Reviews and community board/feed posts)
      4. treat, interact with, or communicate with any 3rd Party Seller, or any other user of Our App or our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory
      5. use Our App in a way that could damage, disable, overburden, impair or compromise Our App or our systems or security or interfere with other users of Our App or
      6. collect or harvest any information or data from Our App or attempt to decipher any transmissions to or from the servers running Our App.
    4. We do not guarantee availability of Our App. We will use reasonable skill and care to provide Our App to you and to keep Our App safe, secure and error-free but we do not promise that your use of Our App will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of Our App to you, but we do not guarantee 100% availability. For example, Our App may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures. Although we make reasonable efforts to update the information provided by Our App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
    5. Back-up content and data used with Our App. We recommend that you back up any content and data used in connection with Our App to protect yourself in case of problems with Our App or the Services.
    6. Check that Our App and the Services are suitable for you. Our App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Our App and the Services (as described on the app store site and in the Documentation) meet your requirements.
  10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. If you are a consumer, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. We shall not be liable to you, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, for any loss of profit, or any indirect or consequential loss, arising under or in connection with these Terms and our total liability to you for all other losses arising under or in connection with this Terms, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, shall not exceed the total value of the 3rd Party Product(s) transacted via Our App for the most recent transaction.
    2. 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 or for fraud or fraudulent misrepresentation.
    3. We are not liable for business losses. Sellers only sell 3rd Party Products for domestic and private use. If you use any 3rd Party Product for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. We are not responsible for events outside our control. If our provision of the Services or support for Our App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received (if relevant).
  11. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we may use your personal information. Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in www.townmarkets.co.uk/privacypolicy and we will only use your personal information as set out in our Privacy Policy. You give us your consent to share your personal information with the 3rd Party Sellers when you order any 3rd Party Product so you should carefully review their privacy statements.
    2. Internet transmissions are never completely secure. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Our App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
  12. TERMINATION
    1. You ending our contract. You may stop using Our App at any time without giving us notice.
    2. We ending our contract. We may end your rights to use Our App and to access the Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights to use Our App and to access the Services, then:
      1. you must stop all activities authorised by these Terms, including your use of Our App and any Services; and
      2. you must delete or remove Our App from all devices in your possession.
  13. OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of these Terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
    7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR (or the Centre for Effective Dispute Resolution) via their website at https://www.cedr.com/ . CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.