TERMS AND CONDITIONS
effective as of 13 th March 2024
These terms and conditions (the "Terms and Conditions") are applicable to the usage of www.patchapp.uk (the "Website"). This Website is owned and operated by WW Enterprises LTD. This Website functions as an online marketplace.
Account creation and subscribing to our services requires a minimum age of 18 years.
Upon clicking the “Sign Up” button, you confirm that you are at least 18 years old, that you acknowledge the acceptance of these Terms, and that you agree to enter into a legally binding agreement with us. If you do not agree to these Terms, do not register for an account, or subscribe to our services.
Each update you make to your subscription will be governed by these Terms.
1. CONTACT DETAILS
When we say we, us or our, we mean WW Enterprises Ltd, trading as Patch App UK, a company registered in England and Wales under company number 13985471. We operate the Patch App UK website at https://www.patchapp.uk/, including as optimised for use in internet browsers (Website), and on mobile devices with the Patch App UK mobile app (App). Our registered office is at Office 158, Unit 3, Northlight House, Pendle Road, Brierfield, BB9 5FF. Our main trading address is at our registered office. Our VAT number is 454744964.
How to contact us.
If you wish to contact us for any reason (other than to end your contract with us), including because you have any complaints, you think our Products are faulty or misdescribed you can contact us:
by e-mail at hello@patchapp.uk or
by phone on 07840843834
If you wish to end your contract with us, you will need to contact us:
by phone on 07840843834
How we may contact you. If we have to contact you, we will do so using the contact details you have provided to us (including, without limitation, by e-mail, text, phone or post).
2. ABOUT THESE TERMS
These are the terms and conditions (Terms) on which we supply to you our:
Website services and digital content;
App services and digital content; and
Services (Services) and repeat four weekly services available via subscription, which you can access on our Website and on our App.
For ease of reference, we will collectively refer to all of the above services and digital content as Products. In addition, these Terms cover conditions that apply to our ‘Refer a Friend’ programs (see clause 11, Refer a Friend Programs).
These Terms set out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law. Please read these Terms carefully and make sure that you understand them, before signing up for an account with us on our Website or App (Account) and using any of our Products. We will ask you to agree to these Terms before you create an Account. You should retain a copy of these Terms for future reference.
These Terms are only available in English. No other languages will apply to our Products.
You can access our Services on our Website and on our App. You can download our App from Apple App Store (for iOS mobile devices) or from Google Play (for Android mobile devices) (App Platform). You must have an Account with us to use our App and to order any services on our Website or our App. In order to create an Account, you must complete the sign-up process on our Website or on our App. You must use accurate information, including your first and last name, email address, phone number, delivery address, access instructions and your chosen secure password. If your details change after registration, you must let us know using one of the methods set out in clause 1.2 (How to contact us) or update them on our Website or on our App. You must keep details of your Account (including your password) secure and not share them with anyone else. You must not allow others to use your Account.
When you agree to these Terms and create an Account with us, a legally enforceable contract between you and us will come into existence. That contract will continue indefinitely, unless you end it in accordance with clause 13 (Your rights to end the contract), or we end it in accordance with clause 14 (Our rights to suspend or end this contract).
These terms are subject to periodic revisions, for example, to reflect changes in law or best practice, or to deal with changes we introduce to our Products. Such changes shall take effect on the date specified in any email to you notifying you of an update, or at the time the revised Terms are posted (whichever is the earlier). If you choose not to accept the new terms, you can close your Account and end your contract with us as described in clause 13 (Your rights to end the contract).
3. YOUR PRIVACY
Under data protection legislation, we are the data controller of your personal data processed through our Website and App and are required to provide you with certain information about 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 our Privacy Notice. It is important that you read that information.
4. USE AND DELIVERY RESTRICTIONS
Account creation requires a minimum age of 18 years for our Website or App and to buy our Services.
You may only create 1 account per household. You may not create duplicate accounts using the same details as another account held by you or someone in your household.
You may only buy services in our Website or App for your private purposes (that is purposes which are wholly or mainly outside your trade, business, craft or profession). You may not purchase any Services from our Website or App for the purpose of resale.
We can only provide Services to certain areas in the United Kingdom. To find out if we cover your area, sign up for an account with us on our Website or App. We may add or remove service areas as we, in our complete discretion, see fit. If we cease to service a particular area in which you order our Services, then we will notify you in advance in accordance with clause 7.7.
5. OUR APP – REPEAT FOUR WEEKLY SERVICES
Repeat Four Weekly Services.
You can set up a Repeat Four Weekly Service which will take place on or around the same day, every four weeks. You will make recurring four weekly payments to us in respect of your order (Repeat Four Weekly Order) (see clause 8.4 (How to pay)). Your Repeat Four Weekly Service will continue indefinitely unless changed or cancelled (see clause 6.1and 6.2 (How to cancel or change your existing order) in accordance with these Terms;
If you set up Four Weekly Order, you can also take advantage of our Saver Subscription of 3 Month Saver, 6 Month Saver, 12 Month Saver.
To sign up for a subscription on our Website or App you need to take the following steps:
log into your Account and select the type of and number of windows and doors you have;
check the details of your order to make sure that you are happy with them, and select the sign up button to proceed to the payment screen;
select your preferred method of payment (provide your payment card and billing information, or select saved card information); and
select the “Pay” button to place and pay for your order.
Please check your order carefully before submitting it. If you need to cancel your order or correct any errors in your order before submitting it to us, you can do so using the buttons available on screen during the ordering process. For information on cancelling and changing orders once submitted to us, please see clause 6 (Cancelling or changing your order).
When you place your order, at the end of the online sign up process, we will acknowledge it on screen, followed by an email. This acknowledgement does not mean that your order has been accepted. We will only accept your order when we email you to confirm this. At this point, a legally binding contract will be in place between you and us in respect of that order.
If we are unable to accept your order, we will email you to inform you about it, and no contract between us will come into force. This might be, for example, because: the service is unavailable; the service operative in your area is not available; we cannot authorise your payment; or there has been a mistake on the pricing or description of the goods. If we do not accept your order, we will refund your payment for your order by the method you used for payment within 48 hours.
6. CHANGING OR CANCELLING YOUR ORDER
You can make changes to your Repeat Four Weekly Order(s) at any time up to 72 hours prior to the scheduled service day. You can view details of your orders and make changes to your orders online within your Account on our Website or App.
You can cancel your order(s) up to 72 hours prior to your scheduled service date. You can view details of your scheduled service date online within your Account on our Website or App. You must contact us if you want to cancel your Order(s). You can contact us by:
Phone on, by calling 07840843834. Our phone line is open Monday-Friday from 9am-5pm.
If, in accordance with clauses 6.1 – 6.2, you:
cancel your Repeat Four Weekly Order more than 72 hours prior to 9am of your service date we will not charge you.
cancel your Repeat Four Weekly Order less than 72 hours prior to 9am of your service date you will be charged for your final Repeat Four Weekly Order, and you will receive your Service in accordance with your scheduled delivery days.
make a change to your Repeat Four Weekly Order then:
(1) any payments received from you in respect of any cancelled Service will be credited to your Account; and
(2) the prices charged for any new Services added by you to your existing order will be the prices applicable to the Services at the time when you submit changes to your original order, as displayed in our Website or App, which may be higher or lower than the prices that applied to your original order.
In each case, we will send you an email confirming the cancellations or changes you make to your order.
All credits under clause 6.3 will be made to your Account as soon as possible.
Nothing in these Terms affects your legal rights.
7. SERVICE DELIVERY
Delivery address and instructions.
You can only subscribe to our Services if we cover your area (see clause 4.3 (Delivery restrictions)). Delivery will be made to your address as registered in your Account (save as set out below).
You can add any specific, reasonable, delivery instructions to your Account on our Website or App (for example, “access to the rear via gate on the right”). The address and any other information you provide to us must be accurate and complete. We will not be responsible for providing a partial service or no service at all if this is caused by you not giving us the access or information that we need within a reasonable time of us asking for it, or by you giving us incorrect or incomplete information.
We will not be responsible if no one is available at your address at the time of service if your presence is required to provide access to the property.
You must update your details on your Account by letting us know using one of the methods set out in clause 1.2 (How to contact us). As well as updating the address details, the number of and type of windows and doors must be updated also, at which point a new price will be issued. Changing your address will result in the transfer of your active orders from the date of the address change if we deliver to this area. If your new address is not in an area to which we service, we will cancel your active orders (see clause 6.4 (The effect of cancelling or changing your order)).
Your local service operative will usually visit on or around the same day of the month, but we cannot provide a time of day. The routing software will plot the most efficient route in traffic terms, which will vary on each visit.
If we cannot supply you with the Service that you ordered and already paid for (for example, a road traffic accident prevents access to your property):
we will either reschedule the service to take place within the week,
we will credit the price of the missed service until the next visit.
If our supply of the Service is delayed or prevented by an event outside our control, we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay or event preventing the Service from taking place. Provided we notify you of such delay or non delivery or service, we will not be liable for delays or failure to deliver caused by the event, but if there is a risk of substantial delay or we inform you that we are not able (in our discretion) to work around the event preventing delivery, then either we or you may end the contract upon written notice and you will receive credit to your Account for any Services you have paid for but not received. Events outside our control include (but are not limited to) bad weather, fire, flood, hostilities and civil disturbance that may affect the safety of our drivers or delivery of our products, acts of government or other authorities and labour disputes.
Delivery of the Services will take place when our service operative carries them out at the address that you gave to us.
We reserve the right to cease delivering services in your area or change the days of the service delivery in your area. We will give you reasonable notice of any change by sending you an email with details of the change.
If we cease servicing your area, this contract will automatically end at the expiry of the above-mentioned notice. We will credit your Account with any sums paid by you in relation to orders placed before the end of the contract, which will not be delivered to you after the contract ends.
If we change the weekdays on which we service your area, and this affects your active subscription:
(1) service days for your active orders will be changed to the new weekdays at the end of the notice period; and
(2) if you choose not to accept the new service days, you can cancel your orders as described in clause 6.2 (How to cancel your Repeat Four Weekly Order).
In each case, we will send you an email confirming the cancellations or changes you make to your order.
Contact us if you believe we have not delivered Services.
You must notify us if you believe we have not delivered your Service, as soon as possible (in any event within 48 hours of the scheduled service), so we can rectify matters. In the event that we have failed to deliver the Service, then we will arrange a new date or credit your Account.
8. PRICE AND PAYMENT
Our App and Website are free. You only have to pay us when purchasing Services, which you can access on our Website (including when optimised for mobile devices) and App. Our Website is free to use, and our App is free to download and use.
The price for your Service will be calculated from the number of and type of windows and doors you have. Please see clause 6.1 (The effect of cancelling or changing your order) for the effect of making changes to your existing orders on the price you pay for the Service.
What is included in the price of the Services. The price of the Services:
is in pounds sterling (£)(GBP);
includes VAT at the applicable rate; and
We accept the following methods of payment: credit cards and debit cards as listed on our Website or App pages at the time when you place your orders; and our discount codes. The method of payment available to you depends on the type of order you place in our Website or App:
recurring payments must be made using a recurring card payment facility. In order to set this up, you will need to enter your payment card details on the payment section of our Website or App during the ordering process (see clause 5.2 (How to place an order in our Website or App)). Once your Repeat Four Weekly Order is placed, we will send you an email confirming details of the order. You can also view this information and change your payment card details, at any time, in your Account on our Website or App.
For information on cancelling or changing your orders and refunds following such changes, please see clause 6 (Cancelling or changing your order).
Payment failures. If you place an order with us:
We may suspend your active orders if your payment fails three consecutive times; we are refused authority to charge your payment card to fulfil your order; and/or we have reasonable grounds to believe that a scheduled payment will be refused. If we suspend your active order in these circumstances, we will not deliver any regular orders to you during the period of suspension and will not be liable to you for late or failed delivery.
It is your responsibility to ensure that your payment card details are correct and up-to-date and that you have sufficient funds to cover payments under your orders. If, as a result of you breaking this condition, we are unable to collect a payment from you under an order you have placed with us, you must compensate us for the net costs we will incur.
We may vary the prices of our products and services from time to time. If a proposed increase in price affects your existing Repeat Four Weekly Order, we will give you reasonable notice by sending you an email with details of where to find the updated prices. The new price will come into effect at the end of the notice period. If you choose not to accept the price increase, you can cancel your order as described in clause 6.2 (How to cancel your Repeat Four Weekly Order).
We take reasonable care to ensure that the price of the product displayed is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced.
We will normally check prices before accepting your subscription so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount.
If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If you tell us that you do not wish to proceed, we may reject your order and no contract between us in respect of that order will come into existence.
If, after accepting your order, we notice a pricing error, which was obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and credit your account with any sums you have paid.
If your payment is not received by us and you have already received the Service, we will add that payment to your next invoice.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the Service is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. To avoid a third party gaining unauthorised access to any information that you provide to us, we recommend that you install appropriate anti-virus software on your computer or mobile device.
9. YOUR RIGHTS IF THERE IS A PROBLEM WITH A SERVICE
We are under a legal duty to supply services that are in conformity with your contract with us. If you think that any of the service you have received are not as described, are not of satisfactory quality, or are otherwise faulty or defective, then please let us know by contacting us using one of the contact methods set out in clause 1.2 (How to contact us).
If you have any questions or complaints about the Services, please contact us using one of the contact methods set out in clause 1.2 (How to contact us). This includes, if you want:
us to replace the Service;
a price reduction; or
to reject the Service and get a refund.
If you wish to exercise the above rights, we may ask you to provide evidence that the Service does not meet the legal requirements (see clause 9.1 (Your statutory rights)).
Your rights under this clause 9 do not apply to faults, which result from fair wear and tear.
When you exercise your right to reject the Service and get a refund, and we agree that you are entitled to a refund, we will reimburse the total price you paid for the Service including (where applicable) recurring four weekly charges. When you exercise your right to price reduction, we will refund to you the difference between the price you paid for the Goods and the reduced price.
Where a product is reasonably expected to last more than six months, and you reject that product after the first six months after delivery, we may reduce the reimbursement amount by a deduction for use, to take account of the use you have had of the Goods in the period since they were delivered.
We will make the reimbursement by crediting your Account, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We will make the reimbursement without undue delay, and not later than within 14 days beginning with the day on which we agree that you are entitled to a reimbursement.
10. OUR MOBILE APP AND WEBSITE
Our App requires a mobile device with a minimum and any version of iOS operating system fully supported by Apple or any version of Android operating system fully supported by Google.
These Terms are a legal contract between you and us. Operators of the App Platforms where our App is available for downloading (Apple App Store for iOS mobile devices, and from Google Play for Android mobile devices) are not part of that contract. However, if you download our App from an App Platform, the ways in which you can use the App and Our Product will also be controlled by the terms and conditions of that App Platform, which are a contract between you and your App Platform operator. In the event of any conflict between a provision of our Terms and the terms of an App Platform, the relevant provisions in our Terms will prevail.
In return for your agreeing to comply with these Terms, and subject to the rules and restrictions set out in clause 10.5 (Prohibited actions), clause 10.6 (Acceptable use restrictions), and other provisions of these Terms, you may:
download a copy of our App onto a reasonable number of compatible devices as permitted under the terms and conditions of your App Platform (provided that each of those devices is owned and controlled by you and is linked to the same App Platform account), and store, access, view, use and display our Website or App on such devices for your personal, non-commercial purposes of using our Services in the manner permitted in these Terms. In addition, you may share the App in accordance with the family sharing rules set out in the terms and conditions of your App Platform; and
receive and use any free supplementary updates of our App incorporating “patches” and corrections of errors as we may provide to you, and receive and use any free upgrades that replace or supplement the original App.
In return for your agreeing to comply with these Terms, and subject to the rules and restrictions set out in clause 10.5 (Prohibited actions), clause 10.6 (Acceptable use restrictions), and other provisions of these Terms, you may: view pages from our Website in a web browser; download pages from our Website for caching in a web browser; print pages from our Website; stream audio and video files from our Website; and use our Website services by means of a web browser.
You agree that you will:
except in the course of permitted sharing as set out in clause 10.4(a) (How you may use our App), not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, the App or Website in any form, in whole or in part to any person without prior written consent from us;
not display (in part or in whole) our App or Website as part of any public performance or display unless such use would not constitute a copyright infringement or breach legal rights of any person (including corporate entity) or is specifically permitted by us;
not copy the App or Website, except as part of their normal use or where it is necessary for the purpose of back-up or operational security;
not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of the App or our Website nor permit the App or Website or any part of them to be combined with, or become incorporated in, any other programs, applications or digital content except as necessary to use the App and Website on devices as permitted in these Terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or Website nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App or Website to obtain the information necessary to create an independent program that can be operated with the App or Website with another program (Permitted Objective), and provided that the information obtained by you during such activities is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; is not used to create any software that is substantially similar in its expression to the App or Website; is kept secure; and is used only for the Permitted Objective;
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 or Website; and
not access or use the source code of our App.
You must not (or permit or assist others to):
use the App or Website 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 the App, Website or any operating system;
infringe our intellectual property rights or those of any third party in relation to your use of the App or Website;
transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Website;
upload, store or transmit any data or any other content or material, or use our App or Website in any way, which is unlawful, and/or breaches any legal rights of any person (including intellectual property rights and data protection rights);
use the App or Website in a way that could damage, disable, overburden, impair or compromise the App, Website, our systems or security or interfere with other users; and
collect or harvest any information or data from our App, Website or our systems or attempt to decipher any transmissions to or from the servers running our App or Website.
We do not guarantee availability of our Website or App. We will use reasonable skill and care to provide our Website and App to you and to keep them safe, secure and error-free but we do not promise that your use of our Website or App will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of our Website and App to you but we do not guarantee 100% availability. For example, our Website and/or App may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures.
From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system, address security issues or implement new versions of our App. Alternatively, we may ask you to update our App for these reasons or make such update available to you. You may be able to manage your App update preferences in your App Platform settings or your device settings. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
Our App and Website may allow you to access, use or interact with third party apps, websites, content or other products or services. For example, you may choose to use the third party data backup service integrated with our App, or interact with a content share button on our App or Website. Please note that:
our Terms and our Privacy Notice only apply to our App and Website and your use of any third party products will be governed by the terms and conditions and privacy policies of the third party providers of such external products;
such links to and integrations with third party products are provided for information or your convenience only and are not recommendations or endorsements by us of those external products or any information you may obtain from them; and
you will need to make your own independent judgement about whether to use any third party product. We are not responsible for examining or evaluating the content or accuracy of any third party product, and we will not be liable for any such external product.
You are responsible for:
any access or data fees incurred from third parties (such as your internet provider or mobile carrier and other fees and taxes) in connection with your use of our App or Website on any device; and
any fees incurred from third parties in relation to your use of third party products referred to in clause 10.9 above.
11. ‘REFER A FRIEND’ PROGRAMS
We may from time to time offer rewards in exchange for recommending us to your friend who makes a purchase subscription. The details of each such program will be set out on the relevant page on Website or App. This clause 11 applies to all such programs in addition to the specific referral program terms set out on our Website or App.
Our terms that apply to all referral programs.
You must be at least 18 years old to take part in our referral program.
To qualify for a reward your friend referral must be in respect of a person who is at least 18 years old, is not our existing customer, and meets all other specific program conditions as set out on our Website or App in respect of the relevant referral program.
We do not represent that any referral program will continue to be available indefinitely. We will not be responsible to you for any loss you may incur as a result of us discontinuing a referral program.
You must in connection with our referral programs:
(1) not contact or share any information (for example, a referral link or code) with any person you do not personally know;
(2) not send any spams, or undertake any bulk messaging or auto messaging;
(3) not request personal data from any person who is less than 18 years old, or display, reference, “tag”, or otherwise identify anyone who is less than 18 years old;
(4) not engage in any practices or communications which are misleading, offensive, deceptive, harmful, fraudulent, threatening, intimidating, abusive, harassing, anti-social, menacing, hateful, racially or ethnically offensive, discriminatory, inflammatory, cause annoyance or needles anxiety to any person, are libellous or maliciously false, obscene, suggestive or sexually explicit;
(5) comply with all requests to stop communications about our referral program; and
(6) if you share your referral code or link or otherwise promote us on any social media, you must comply with the terms and conditions and the applicable policies of the relevant social media platform.
12. COUPONS
We may offer promotional codes, coupons or vouchers (“Coupons”) to you subject to the terms and conditions set out below.
Coupons offered in a particular country and currency may be subject to geographical restrictions that mean they cannot be used in a different country or currency. Coupons are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (e.g. new customers). Coupons may entitle you to a percentage discount, or a fixed discount, and may apply to a single order or across multiple orders.
Some Coupons are only available to new customers (“New Customer Coupons“). That means that the Coupon may be applied (subject to any other applicable conditions) when you register a new account and will be redeemed when you place your first eligible order. We reserve the right to refuse to apply and/or allow you to redeem a New Customer Coupon if you are registering a new account using credit card details, a delivery name, a phone number, an email address and/or an address already on our system.
Use of a Coupon in payment or part-payment may, in addition to these Terms and Conditions, also be subject to specific conditions applicable to that Coupon only, such as a specific minimum or maximum order value or that the Coupon may only be redeemed at specific times or on specific Products. If the order placed does not comply with the applicable conditions, the Coupon may not be redeemed against that order and we may cancel any part of the order including but not limited to parts of an Order which: (i) erroneously benefit from a Coupon; or (ii) we determine should reasonably be excluded by the Coupon; or (iii) exceeds the value of the Coupon. The payment page on our Website where you confirm your order for Products will show the total order value and the applicable Coupon, if any. If a Coupon does not apply to your order, it will not appear on the payment page. At that point you will have the choice of paying in another way or cancelling the order.
Only one Coupon can be redeemed per order. Each Coupon can only be used once per customer.
Coupons cannot be redeemed in conjunction with any other offers.
We may reject or refund orders made using a Coupon which has been incorrectly applied to an order.
If you cancel an order made using a Coupon, the Coupon credit will not be restored to your account and the Coupon cannot be re-used. If the Coupon was a New Customer Coupon, you will no longer be considered a new customer and will not be eligible for any subsequent New Customer Coupons.
Item orders are generally subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Coupon.
Coupons cannot be exchanged for cash or any other alternatives and have no monetary value
Any attempt to manipulate our Website and our offers of Credits by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Coupon invalid. We are entitled to take all reasonable steps to protect our systems against fraudulent or invalid Coupon redemptions, including requiring additional reasonable verification or by closing the accounts of any customers we reasonably believe have carried out any such acts.
13. YOUR RIGHTS TO END THE CONTRACT
You can close your Account and end the contract with us any time. If you wish to do so and:
you do not have any active orders, you can end the contract by notifying us using one of the contact methods set out in clause 1.2 (How to contact us)). Your contract will end 7 days after we receive your notification; or
you have any active orders, you need to cancel your orders as described in clause 6 (Cancelling or changing your order) and tell us that you wish to close your Account using ocontact method to end your contract set out in clause 1.2 (How to contact us)). Your contract will end 7 days after we receive your notification and all your active orders have been cancelled.
By closing your Account, any existing credit on your Account will remain valid for 3 months from the date of your Account closure. After this date, any unused credit will be forfeited.
You may cancel your active orders as described in clause 6 (Cancelling or changing your order).
You may end this contract if what you have bought is faulty or misdescribed. For details, please see clause 9 (Your rights if there is a problem with the service).
Ending your contract because of something we have done or are going to do. If you are ending a contract with us for a reason set out at sub-clauses (1) to (2) below, the contract will end immediately and we will refund you in full for any products which have not been provided but have been paid for. The reasons are:
there is a risk that supply of the Services may be significantly delayed or not delivered at all because of events outside our control; or
you have a legal right to end your contract with us because of something we have done wrong, including because we have not delivered services (see clause 7 (Service Delivery)).
14. OUR RIGHTS TO END THE CONTRACT
We may end your contract with us at any time by writing to you if you break it in a serious way. For example:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due (see, for example, clause 8.5 (Payment failures), and clause 8.8 (If you receive the services before you pay));
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products (see, for example, clause 7.1 (Delivery address and instructions));
you do not, within a reasonable time, allow us to deliver the service to you or collect them from us (see clause 7.1 (Delivery address and instructions));
you break the App and Website use restrictions in clause 10.5 (Prohibited actions) or clause 10.6 (Acceptable use restrictions);
you breach the terms of use in clause 4 (Use and Delivery Restrictions).
If we end the contract in the situations set out in clause 14.1:
it will not affect our right to receive any money which you owe to us under this contract for Goods provided to you; and
we will reimburse you by crediting your Account with any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Other reasons for ending the contract.
We may stop services in your area. Your contract with us will end automatically if we cease servicing your area (for details, see clause 7.6 (If we cease delivering in your area)).
If we made an obvious pricing error. We may end a contract for the supply of services to you if, after accepting your order, we notice that there was an obvious error in the pricing of a product (see clause 8.7(3) (What happens if we got the price wrong)).
15. LIMIT ON OUR RESPONSIBILITY TO YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We do not limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; where section 31(1) if the Consumer Rights Act 2015 does not permit us to exclude or limit liability (including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us) for defective products under the Consumer Protection Act 1987; or for any other matter which we may not exclude as a matter of law.
Limits to our liability. Subject to clause 15.1 above, we are not legally responsible for:
losses that:
(1) were not foreseeable to you and us when the contract was formed; or
(2) were not caused by any breach on our part; or
(3) it would have been reasonable to expect you to limit.
business losses; and
losses to non-consumers.
If defective digital content which we have supplied (for example, our Website or App) damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16. INTELLECTUAL PROPERTY RIGHTS
1. All content published and made available on our Site is the property of WW Enterprises LTD and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
We give no permission for the use of the items listed in 16.1, and such use may constitute an infringement of our rights.
All intellectual property rights in our Products throughout the world belong to us (or our licensors) and the rights in our Products are licensed (not sold) to you.
You have no intellectual property rights in, or to, our Products other than the right to use them in accordance with these Terms. Any goodwill derived from the use by you of our intellectual property rights will accrue to us or our licensors.
You must not remove any trade marks, service marks, labels or other legal or proprietary notices included in our Products, or attempt to modify any content obtained through our Products, including any modification for the purpose of disguising or changing any indications of the ownership or source of those Products.
17. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract entered with you under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of these Terms 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 or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Disputes.
If you have a complaint. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Services, our service to you, or any other matter, please contact us as soon as possible using one of the contact methods set out in clause 1.2 (How to contact us).
Alternative dispute resolution. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you; and give you certain information required by law about resolving disputes through alternative dispute resolution, which 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.
Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, except that this provision will not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts. For example, if you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18. DEFINITIONS USED IN THESE TERMS
In these Terms:
Account means an account with us, which you can create on our Website or App;
App means the Patch App UK mobile app;
App Platform means the online sales and distribution platforms where our App is available for downloading. See clause 2.4 (You must register to use our Products);
Products means, together, the goods, services and digital content listed in clause 2.1 (What these Terms cover);
Terms means these terms and conditions. Please see clause 2.1 (What these Terms cover);
we (and us or our) means WW Enterprises Ltd trading as Patch App UK. For details see clause 1.1 (Who we are);
Website means the Patch App UK website at https://www.patchapp.uk/ including as optimised for use on mobile devices; and
Repeat Four Weekly Order means a regular order placed in our Website or App. For details, see clause 5.1 (Repeat Four Weekly Order).