Terms and Conditions for Partner
“Dlyt” Terms & Conditions of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.
Welcome to Dlyt, this page outlines our Terms & Conditions of Use “Terms” which apply when you make Goods available for purchase, the "Goods" from our dlytapp.com website or our mobile application “App”. Please make sure you read these Terms carefully before creating a Dlyt account or using our App. In setting up a Dlyt account and accessing our Services, you accept that a contractual relationship is formed between you and Dlyt and that you are bound by these Terms. If you do not accept these Terms, you may not access or use the Dlyt Services.
1. Information About Dlyt
TAG LABS LIMITED, trading as "DLYT", a company incorporated and registered in Scotland, whose registered office is at G432QY. Company registration number is SC658549. You may contact us at support@dlytapp.com
2. Services
Our “Service” is to link you to users of our App (“User”), whether they be members of the general public or other businesses to allow you to advertise your Goods for sale. Where an order is placed by a User for your Goods via our App, Dlyt will act as an agent on behalf of that User to conclude the order from our App.
3. Your Dlyt Account
Before orders can be placed via our App, you need to open a Dlyt account. By opening an account, you will be required to create a password and provide financial information such as credit card details. You will also be required to provide certain personal information, such as your name, address, mobile phone number. It is your responsibility to ensure that any password you create is kept safe and confidential and that you take reasonable steps to ensure that others cannot access your account. You are responsible for all activity that occurs under your Account and 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 and use the Services. You accept that if any another party uses these details to access your account, it is your responsibility to cover the costs of any Goods ordered and you accept that Dlyt are not responsible for any losses you suffer.
You may close your Dlyt account at any time by contacting us using the contact details above. Dlyt may suspend access to your account, or close it permanently, if we believe that your account has been used by someone else.
4. Restrictions to your Dlyt Account
You are not permitted to reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services within the App except as expressly permitted by Dlyt. Further, you are not permitted to decompile, reverse engineer or disassemble link to, mirror or frame any portion of the Services or cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
5. Delivery & Shipping
Once and order for Goods has been placed, delivery of said Goods will be arranged by you. Dlyt has no involvement in the delivery of goods. The purchaser’s remedies for non-delivery or defective delivery are solely against you.
6. Quality
You agree that any Goods that you offer for sale or consumption to our Users are fit for purpose and are of an acceptable quality. You further agree to provide to the User on demand a list of all ingredients contained within the Goods for their reference.
6. License
Subject to your compliance with these Terms, Dlyt grants to you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App on your personal device solely in connection with your use of the Services and any rights not expressly granted herein are reserved by Dlyt.
7. Third Party Services
The Services may be made available or accessed in connection with some third party services and content (including advertising) that Dlyt does not control and you understand and accept that different terms of use and privacy policies may apply to your use of such third party services and content and you accept that these third parties are not parties to this contract and are not responsible for the provision or support of the Services in any manner.
8. Prices, Payment and Offers
In order to use the Service, Dlyt charges you an agreed commission on orders made via our app.
9. Intellectual Property Rights
Dlyt are the owners of or the licensee of all intellectual property rights in our App and our Service, and in the works published on it. Those works are protected by copyright laws and as such all rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
10. Materials Uploaded
Any materials that you upload to our App or data that we collect as set out above will be considered non-confidential and you agree that Dlyt have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to the Service. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
You warrant that you either are the sole and exclusive owner of all materials uploaded or that you have all rights, licenses, consents and releases necessary to grant Dlyt a license to use said materials and that any materials uploaded will not infringe, misappropriate or violate a third party’s intellectual property rights.
11. Data Protection
Our collection and use of personal information in connection with the Services is as provided in Dlyt’s Privacy Policy which can be found at partner.dlytapp.com/privacypolicy
12. Our Responsibility for Loss or Damage That You Suffer
We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our App.
13. Indemnity
You agree to indemnify and hold Dlyt and any of it officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or Goods obtained or supplied to customers through your use of the Services, including without limitation any claim by a customer arising out of your goods being defective, unfit for human consumption, contaminated or of inferior quality ; (ii) your breach or violation of any of these Terms; (iii) Dlyt’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
14. Governing Law
Except as otherwise set forth in this Agreement, the Terms contained herein shall be exclusively governed by and construed in accordance with the laws of Scotland.
15. Disputes
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation and regulated under the Scottish Mediation Charter.
16. General
Assignation
You may not assign or transfer these Terms in whole or in part without Dlyt’s written approval. You give your approval to Dlyt for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Dlyt’s equity, business or assets; or (iii) a successor by merger.
Partnership
No joint venture, partnership, employment or agency relationship exists between you, Dlyt or any Third Party Provider as a result of the contract between you and Dlyt or your use of the Services.
Unenforceable terms
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
Entire Agreement
Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
Last updated: 10 August 2021