Terms and Conditions
Last updated: May 2025
Welcome, and thank you for your interest in CarryBags, which is provided to you by CarryBags Limited. along with its affiliates (“CarryBags,” “we,” or “us”). These Terms and Conditions apply to your use of our mobile application (“CarryBags App”), along with our related websites, networks, applications, and other services provided by us (collectively, the “Services”). These Terms and Conditions are a legally binding contract between you and CarryBags regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TOYOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CARRYBAGS’S PRIVACY POLICY IDENTIFIED IN SECTION 4.1(TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND CARRYBAGS’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CARRYBAGS AND BY YOU TO BE BOUND BY THESE TERMS.
1. OUR AGREEMENT WITH YOU
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account, subject to the requirements of Section 2, below. Once you have downloaded and activated the CarryBags App or registered to use the Services using a CarryBags provided device or interface in-store (“POS Device”), you will be able to use the Services as described herein. If you are a CarryBags retail partner and are registering your customer for on your customer’s behalf at a point-of-sale system (“POSDevice”), you agree to provide the customer with an opportunity to review and accept these terms.
1.1. How we will accept your request: Our acceptance of your request to use the Services will take place after you elect to activate a coupon, voucher, code, or similar electronic or physical document, entitling you to use Service (“CarryBags Pass”)by purchasing one or entering a promotional code and when we confirm via email, at that point a legal contract will come into existence between you and us based on these terms.
1.2. If we cannot accept your request: If we are unable to accept your request for the Services, we will promptly inform you of this by email or POS Device and will not charge you or we will refund you (if you have already been charged) for the Services. This might be, for example, because the Services are temporarily unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Services or because of our failure, in our sole opinion, of being able to adequately deliver the Services for you.
1.3. Your confirmation number: We will assign a confirmation number to you upon activation of the Services and tell you what it is when we respond to and confirm your request. It will help us if you can tell us the confirmation number whenever you contact us about your order.
1.4. Eligibility: You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old;(b) you have not previously been suspended or removed from the Services; and(c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
2. OUR SERVICES
When you obtain a CarryBags Pass, you start a “Session” which runs until the cut-off time indicated in the CarryBags App or POS Device, which is linked to the delivery or collection time you select for your goods. Items that you leave or have been left on your behalf into the Services, in approved CarryBags Sealing and in accordance with these Terms are called “Customer Packages”. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH CARRYBAGS AS A PROVIDER OF LOGISTICS OR DELIVERY SERVICES.
2.1. Availability of the Services: The Services are available at certain participating retailers within certain malls and central shopping districts that have partnered with CarryBags. For an up-to-date list please refer to the CarryBags App.
2.2. CarryBags Sealing: The sealing for the Services is provided by CarryBags as part of the Services (“CarryBags Packaging”). CarryBags Packaging may include CarryBags bags, boxes or stickers affixed to appropriate third-party packaging.
2.3. Restrictions: The CarryBags App may include restrictions on the number of Customer Packages a customer may leave into the Services under one CarryBags Pass. The restrictions that apply to the packages are set out below and subject to change at the discretion of CarryBags. Certain CarryBags locations may have additional restrictions on the packages that can be delivered using CarryBags so you should consult the CarryBags App or store where you are using the Service to ensure your package can be delivered.
A) Restrictions on number of bags, excessive and non-consumer use: CarryBags provides a consumer service and is not designated for commercial deliveries or business to business logistics. As such we may refuse certain drops that exceed our fair use guidelines in terms of size, number of packages or weight what we are able to safely process as part of the Service. We will then promptly inform you if your purchase has not been processed and request that you collect your purchases directly from the retail partner store or other location designated by CarryBags. If you have any questions about this, please contact us.
B) Restrictions of types of goods: CarryBags cannot accept any Excluded Goods for the Service; “Excluded Goods” means goods which are excluded from the Service including but not limited to: timepieces, jewellery, including precious metals and stones, fresh foods, including perishable foods, flowers, plants, financial documents including travellers’ checks or negotiable instruments, stamps, bank cards, cash, currency, coins, specie, legal tender, personal documents including passports, driving licenses, ID cards and similar (including building entry and magnetic entry key cards), aerosols, batteries, drugs, including legal prescription drugs and medicines, restricted or controlled substances, chemicals, including domestic chemicals, cleaners, washing powders, bleaches, caustic substances, magnetized materials, personal belongings, art, antiques, timepieces indecent, obscene or offensive articles, collectibles, documents of title, bank, credit, or store cards, spirits, tobacco and cigarettes, human and animal remains, live animals.
C) Restrictions on size and weight of bags: individual items greater than 60 cm X 60 cm X 30 cm or the size of the CarryBags Packaging and/or an individual item greater than 7kg in weight unless specifically agreed with a CarryBags Customer Service representative or CarryBags Ambassador.
D) Restrictions on value of individual items: The total value of goods left during any Session may not exceed a certain amount. You should check the CarryBags App to verify the applicable limit for the total value of goods that may be delivered during a Session.
E) No Dangerous Goods or Hazardous Materials: “Dangerous Goods” means dangerous goods as defined in the Hazardous Materials Transportation Act (HMTA) (1975) (as amended, re-enacted or extended from time to time) or by the International Air Transport Association for conveyance on the grounds of their dangerous or hazardous nature.
F) Purchased Goods: You may only activate the Services to carry and accept goods purchased during the particular Session.
2.4. Your Account: You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You agree that CarryBags may contact you by telephone, email or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you, including for marketing purposes. You may opt out of receiving text messages at any time by contacting CarryBags at contact@WeCarryBags.co.uk.
The process for requesting and using the Services is as follows:
A) Selecting your delivery destination or collection-on-site location in the CarryBags App or POS device and providing any other delivery and contact details that might be necessary to provide the Service. Note that for certain malls or shopping zones, there may limited options for delivery destinations, and CarryBags does not guarantee that it will be able to deliver your purchases to every address or destination.
B) Selecting your preferred delivery window (availability subject to when you commence your Session).
C) Entering payment details (card number, expiration date and CVC code) or promotional code if either is not already on file.
D) If using the CarryBags App, scanning the QR code in retail partner store at the relevant customer service check out or registration desk. This step is not necessary if you are using the POS device.
E) Using the CarryBags App or POS device to digitally capture of all the receipts of the goods and items that are being left.
F) Placing the goods and items in the CarryBags sealing (this may be done by the retail partner store customer service representative).
G) Securely sealing the CarryBags Packaging (this may be done by the retail partner store customer service assistant).
H) Scanning unique CarryBags Seal barcodes.
I) Reviewing the drop summary (delivery or collection location and time window, drop locations, number of bags and number of receipts added).
J) Confirming the service request.
2.5. Licence: Subject to your compliance with these Terms, CarryBags grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i)access and use the CarryBags App on your personal device solely in connection with your use of the Services; and (ii) access and use CarryBags’ content, information and related materials including without limitation CarryBags service’s intellectual property created for use in connection with the Services (collectively, the “Content”), that may be made available through or in connection with the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by CarryBags and/or CarryBags service’s licensors.
2.6. Licence Restrictions: You may not: (i) remove any copyright, trademark or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast about or otherwise exploit the Services or the Content except as expressly permitted by CarryBags; (iii) decompile, reverse engineer or disassemble any of the Content except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of such;(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Content or unduly burdening or hindering the operation and/or functionality of any aspect; or (vi) attempt to gain unauthorized access to or impair any aspect of the Content, the Services or any related systems or networks.
2.7. Feedback: If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant CarryBags an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
2.8. Ownership: Proprietary Rights. All intellectual property rights in and Service is owned by CarryBags. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by CarryBags are protected by intellectual property and other laws. All Materials included in the Service are the property of CarryBags or its third-party licensors. Except as expressly authorized by CarryBags, you may not make use of the Materials. CarryBags reserves all rights to the Materials not granted expressly in these Terms.
3. CHANGES
Changes to delivery and/or collection times for the Services may not be possible, however please contact us by phone, email or message within the CarryBags app to enquire if a change is possible. If a change is possible, we will confirm any changes to you.
3.1. Minor changes to the Services. We may change the Services or these Terms:(a) To reflect changes in relevant laws and regulatory requirements or updates to our policies; (b) Due to requirements by our third-party logistics providers; and (c) To implement minor technical adjustments and improvements, for example to address delivery efficiencies. These changes will not affect your use of the Services.
3.2. More significant changes to the Services and these Terms: In addition, we may make more significant changes to these Terms or the Service, but if we do so we will notify you via email or a push notification within the CarryBags App.
3.3. Delays: We are not responsible for delays outside our control. If our Services are delayed by an event outside our control, then we will attempt contact you via email or message within the CarryBags App as soon as possible to let you know and we will take steps to minimize the effect of the delay. Examples of such situations can be delays caused by third-party delivery partners, weather conditions, closed roads, accidents or other unforeseen circumstances. If we can still deliver on the same day outside the delivery window we will do so, if convenient for you. If not, we will contact you to arrange delivery for the next delivery window. Provided that 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 make other arrangements.
3.4. Missed Deliveries: We will contact you if there is an issue with your delivery or if we receive notification of a missed delivery or if no one is available at your delivery location to take delivery of your Customer Packages and sign for the delivery during the delivery window selected and confirmed by you during the activation of the Service
3.5. If you do not re-arrange delivery/do not collect packages from us: Undelivered Customer Packages will be stored at a CarryBags facility or third-party delivery partner facility for up to 30 days. If you do not collect the packages from us as arranged or if, after two failed delivery attempts to you, you do not re-arrange delivery or collect them from a delivery depot we may charge you for storage costs and any further delivery costs. After 30 days, we shall have the right to deal with the consignment as we see fit.
3.6. When you become responsible for the goods: Upon delivery of your Customer Package(s), the person receiving the Customer Package(s) will be required to sign a statement accepting delivery. Following receipt of the Customer Package(s), the Customer Package(s) will be your responsibility and CarryBags will not be liable or responsible for any loss or damage to the Customer Package(s).
3.7. What will happen if you do not give required information to us: We need certain information from you so that we can provide the Service to you, for example, personal data including your name, delivery location information, mobile telephone number, the receipts including the value of the items you are dropping into the Service and your payment details. If you do not give us this information or if you give us incomplete or incorrect information, we may either not be able to perform the Services or make an enforced error in the provision of the Services because of misinformation.
3.8. Special Offerings: Some sites may run promotional offers for additional services, including expanded shipping offerings. If a site offers a promotion, you may only take advantage of the promotional offer during the dates in which the promotion is made available. These promotional offers may also be limited to a certain number of Customers per day, on a first come first served basis, and CarryBags does not guarantee that every Customer will be able to use a promotional offer during the time it is offered. Promotional offers may also have limits for the value of shipped Customer Packages that are different than CarryBags’ usual value limits. CarryBags reserves the right to withdraw promotional offers at any time in our sole discretion. Please consult the CarryBags App, contact CarryBags or consult with a representative in a CarryBags partner store for additional information. Any restrictions will be listed in the CarryBags App.
4. DATA AND PRIVACY
4.1. How we will use your personal information: We will only collect, use and store your personal information as set out in our Privacy Policy as updated from time to time, which you can find here: Privacy Policy
4.2. Data Use and Protection including GDPR: You and your personal and sensitive data are protected by relevant laws and Privacy Policy which sets out how we comply with our obligations under those laws and how they protect you.
4.3 Data Protection post Brexit: The UK leaves the European Union without a withdrawal agreement or adequacy decision on 31st December 2020 so with effect from that date the standard contractual clauses(SCCs) in the EU Commission's decision 2004/915/EC annexed at the Schedule will automatically apply to our agreement with you were no other appropriate safeguard or exemption applies and the personal data subject to this agreement(and to which Chapter V of the GDPR ((EU) 2016/679) applies) will be transferred in accordance with the SCCs as of that date. If there is any conflict between this agreement and the SCCs, the terms of the SCCs shall apply. In the event of a subsequent adequacy decision being adopted by the European Commission the SCCs shall fall away.
5. REFUNDS AND LOST, DAMAGES OR STOLEN CUSTOMER PACKAGES
5.1. Refunds: Refunds and cancellations may be processed in the sole discretion of the CarryBags team.
5.2. Lost or damaged Customer Packages: In case of a lost or damaged Customer Package, where the Customer Package has been scanned into the Service but never received by the Customer, or received in a damaged condition by the Customer, refunds maybe available as follows:
A) Where the Customer Package(s) and/or item(s) are lost or damaged in a store deposit, having been safely sealed in CarryBags Packaging and scanned into the Service in accordance with these Terms, CarryBags and or its insurers shall provide the Customer with a full or partial refund of the value of the Customer Package or item(s).Such refund will be issued against a presented store invoice issued on the relevant date and we will refund any sums paid by you for Services;
B) Where the Customer Package(s) are lost or damaged in transit, CarryBags and or its insurers shall use reasonable efforts to locate or replace the lost or damages Customer Package(s). If CarryBags is unable to return or replace the lost Customer Package(s), CarryBags may issue a refund to Customer for the lost or damaged Customer Package(s). Such refund will be issued against a presented proof of purchase (receipt/e-receipt/invoice) issued and we will refund any sums paid by you for Services.
C) Unless otherwise stated by CarryBags, the maximum value that CarryBags will refund in aggregate for lost, damaged or stolen Customer Packages added in any given Session is 10,000 € (euro) or £ (pound sterling), depending on an official currency of the country where service was used.
6. TERM AND TERMINATION
6.1. Termination: At any time, you can unsubscribe from the CarryBags App/website/marketing emails and request deletion of any personal data retained by us, in accordance with our Privacy Policy. If you violate any provision of these Terms, your authorization to access the Service and these Terms will automatically terminate. In addition, CarryBags may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.
6.2. Effect of Termination: Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay CarryBags any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 2.10, 2.11, 2.12 and 9and 10 will survive. Upon termination, all personal data shall be deleted.
7. SUPPORT
If you have any questions or complaints about the Service, please contact us. send a message via live chat in CarryBags App or write to us at support@wecarrybags.co.uk.
8. PRICE AND PAYMENT TERMS
8.1 Price: CarryBags reserves the right to determine pricing for the Service, and pricing for the Service can vary based on location or other factors. CarryBags will make reasonable efforts to keep pricing information published on the CarryBags App or POS Device up to date. We encourage you to check the CarryBags App periodically for current pricing information. CarryBags may change the fees for any feature of the Service, including additional fees or charges, if CarryBags gives you advance notice of changes before they apply. CarryBags, at its sole discretion, may make promotional offers with different features and different pricing to any of CarryBags’ customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
8.2 Authorization: You authorize CarryBags to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by CarryBags, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, CarryBags may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
9. LIABILITY, DISCLAIMER, INDEMNIFICATION
9.1. Disclaimer: THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CARRYBAGS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE ANDALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CARRYBAGS DOES NOT WARRANT THAT THE SERVICE ORANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CARRYBAGS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILLBE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CARRYBAGS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CARRYBAGS ENTITIES OR THE SERVICE THAT ISNOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOU ARE DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CarryBags does not disclaim any warranty or other right that CarryBags is prohibited from disclaiming under applicable law.
9.2. Limitation of Liability.CARRYBAGS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANYUSE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CARRYBAGS, EVEN IF CARRYBAGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CARRYBAGS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF CARRYBAGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CARRYBAGS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CARRYBAGS'S REASONABLE CONTROL.
THE SERVICES MAY BEUSED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION OF GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CARRYBAGS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OF GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL OTHER LOSSES ARISING UNDER OR IN CONNECTION WITH ANY CONTRACT BETWEEN US, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL BE LIMITED TO $10,000.
9.3 Indemnity:To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify CarryBags and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “CarryBags Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.
10. OTHER IMPORTANT TERMS
10.1. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
10.2. Which laws apply to this contract and where you may bring legal proceedings:Choice of Law: These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, in contract, tort, or otherwise, will be subject to the exclusive jurisdiction of the courts of England and Wales and governed by the laws of England and Wales. In no event will the parties bring claims against one another under the laws of another jurisdiction.
10.3 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 Ombudsmen Services via their website at www.ombudsman-services.org/consumer-ombudsman. The Ombudsmen Services will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution.
10.4 Notices:All notices and other communications hereunder shall be in writing and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested)or sent via email (with electronic confirmation of complete transmission)to the parties at the email addresses provided pursuant to Section 2 (or at such other address as shall be specified by like notice); provided, however, that notices sent by mail will not be deemed given until received.
10.5 Notice Regarding Apple:This Section 10.4 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and CarryBags only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims;(b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property right. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties
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