Crammed Terms & Conditions

Definitions

“Crammed” refers to Senddr Software Limited, registered in the Republic of Ireland
“The Software” refers to websites and mobile applications operated by Crammed including skipscanner.com, skipscanner.co.uk and senddr.com
“Seller” refers to a company or person who offers services for sale (including equipment rental) through the Website
“Customer” refers to a company or person who buys a service from Crammed
“Services” refers to services or goods offered for sale by Sellers on The Software

The following terms and conditions (“Terms of Use”) govern your access to and use of The Software.

General Terms

Software Content

Crammed and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on The Software for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Crammed and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Crammed and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from The Software.

The documents and related graphics published on The Software could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Crammed and/or its respective suppliers may make improvements and/or changes in The Software and/or the program(s) described herein at any time.

If you provide any material to The Software (for example, by providing a Supplier review or your own company details), you agree to grant us permission, irrevocably and free of charge, to use your material in any way we want in The Software or otherwise (including altering and adapting it for operational or editorial reasons) in any media worldwide, which may include syndicating the material to selected third party social media and networking sites.

Licence from Crammed

Crammed gives you a personal, worldwide, non-assignable, non-exclusive and terminable licence to use The Software provided to you by Crammed. This licence is for the sole purpose of enabling you to use and enjoy the benefit of The Software as provided by Crammed, in the manner permitted by the Terms of Use.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of The Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Crammed, in writing.
Unless Crammed has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use The Software, grant a security interest in or over your rights to use The Software, or otherwise transfer any part of your rights to use The Software.

Provision of The Software

In no event shall Crammed and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of The Software, documents, provision of or failure to provide services, or information available from this site.

Crammed is constantly innovating in order to provide the best possible experience for its users. The form and nature of The Software which Crammed provides may change from time to time without prior notice to you.

As part of this continuing innovation, Crammed may stop (permanently or temporarily) providing The Software (or any features within The Software) to you or to users generally at Crammed’s sole discretion, without prior notice to you.

Proprietary Rights

Crammed owns all legal right, title and interest in and to The Software, including any intellectual property rights which subsist in The Software (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Software may contain information which is designated confidential by Crammed and you may not disclose such information without Crammed’s prior written consent.

Unless you have agreed otherwise in writing with Crammed, nothing in the Terms of Use gives you a right to use any of Crammed’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

Termination

Crammed reserves the right to terminate your use of the service if your account has been inactive for over 90 days.

Fair Use

Crammed may establish limitations and recommended practices that apply to your use of The Software. Crammed may amend these limitations or recommended practices at any time without prior notice to you.

Such limitations may include limits on disk storage space, number of users from your company and the number of transactions you are able to make to The Software

Any use of The Software that interferes with or disrupts The Software is expressly forbidden. Specifically you must not use The Software:

for any unlawful purpose;
to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy
to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;
to provide any kind of commercial information service;
as a source of material or contact data for any kind of marketing activity;
to tamper with, update or change any part of the website;
using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.

General

If any provisions of these Terms of Use are found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect.

These terms shall be governed by and interpreted in accordance with the laws of The Republic of Ireland.

Privacy

The privacy of your data is very important to us. The information below describes how we will save and use any information that you provide to us together with any information we might record on your behalf.

Your Personal Details

Children under 18 are not permitted to use The Software. No provision is made for the storage of personal information for minors.

We will store personal information that you provide to us on our systems. This is personally identifiable information such as your company name, name and email address. This information will be used to provide our services to you and to contact you from time to time about our services. We will not share this information with any third party without your consent.

It may however be necessary to share information in order to investigate, prevent, or take action regarding suspected or actual illegal activities, including without limitation, fraud, situations involving potential threats to the physical safety of any person, violations of Crammed’s Terms of Use, or as otherwise permitted or required by law.

We will transfer information about you and your company if Crammed is acquired by or merged with another company. In this event, Crammed will notify you by email or by putting a prominent notice on The Software before information about you is transferred and becomes subject to a different privacy policy. We will also record non-personally identifiable information about you such as your IP address and the web browser that you use.

Your Data

The Software by its very nature records information about you and your company. This information will not be disclosed to any third party without your consent. We may however merge your data with that of other users and publish it in an aggregate manner that does not identify you or your organisation. If you choose to close your account, we will remove your personally identifiable data from our systems but may retain this performance and usage data for statistical purposes.

The data we collect may be stored and processed in any one of our data centres and as a result may not be stored and processed in your home country. The Senddr website and software uses cookies to enhance your usage experience. You may decline to receive cookies from our sites but some of the features of our sites may not function properly as a result.

Seller Terms

Fees

Whenever a Customer buys a Service that has been offered for sale or rental on Crammed, an additional fee is added to the Sellers price. At present the fee is £12/€14 per Service. Fees are added at the time of purchase to the Sellers price and this total price is paid to Crammed by the Customer. Fees will be paid to Sellers on a weekly basis for completed services or delivered items.

Credit Card Fees

Important legal note: solely for VAT purposes, when you sell a service to an EU buyer, you are legally supplying the item to Crammed, Crammed will supply the item to the Customer , and the Customer will be treated as a consumer.

Fee Avoidance

Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Crammed. This includes, for example, encouraging Customers to purchase an item through another venue. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item's price after a sale for the purpose of avoiding Crammed transaction fees, misrepresent the item’s location, or use another user's account without permission.

Customer Terms

Please read these terms carefully before you make a booking via The Software, as they will apply to your booking. By making a booking via The Software, you confirm that you accept these terms and conditions, and that you agree to comply with them. If there is anything you do not agree with, please do not make a booking.

When you make a booking, you create two legal contracts:

(i) A contract with us, under which we have certain responsibilities to you in relation to the booking and payment process. That contract is made on these Booking Terms and Conditions. We are responsible for taking your bookings and passing those on to the relevant Seller, and for dealing with payments made by you in relation to those bookings.

(ii) A contract between the relevant Seller in respect of the provision of the Services which you book via The Software. That contract may include terms which are notified to you prior to your making a booking on The Software. The Services which you book via The Software are the responsibility of the Seller which provides them. We act as booking agent for Sellers, therefore we are not responsible or liable to you for the actual Services that are booked through The Software.

Because these two contracts are separate, please do not rely on any promises or claims written or verbally made by a Seller to the extent that they purport to bind us to any additional or supplementary terms.

We may amend these Booking Terms and Conditions from time to time. You should check these Booking Terms and Conditions each time you wish to make a booking via The Software, to make sure that you understand the terms which will apply at that time.

We and our Sellers are under a legal duty to provide the Services in conformity with the relevant contract. All Services shown on The Software are subject to availability and the images and/or descriptions of the Services on The Software are for illustrative purposes only – actual Services may vary from those images and/or descriptions, but we ask our Sellers to ensure that they provide the Services in accordance with those descriptions. It is each Seller’s responsibility to ensure that he or she provides the Services in accordance with those descriptions.

We advise that you exercise caution and common sense to protect your personal safety and property, as you would when interacting with any person whom you do not know.

Making a Booking

You may only make a booking if you are aged over the age of legal majority in your jurisdiction. We may ask you to provide us with valid proof of identity in a form reasonably acceptable to us upon request.

You may only make a booking for your personal use, or for the use of a person, including a company or other organisation which you are authorised to represent. Likewise, you may only book Services with respect to a location where you are legally authorised to have services such as the Services performed.

You can select which Services you require, at what location, for how many hours and the time for those Services to be provided via The Software. On selection of the relevant details, we will notify you of the cost of the Services based on those details. If you would like to go ahead, you may then submit the order ("Order") to confirm your request.

When you submit your order for Services, we will send you an email acknowledging receipt of that booking ("Order Confirmation"). The Order is subject to such confirmation, and the contract between you and the Seller will be formed only when you are sent the Order Confirmation.

Cancelling a booking

In addition to your other legal rights as a consumer, you have the right to cancel an Order and receive a refund in accordance with the terms below. If you wish to change the details of, or cancel, the Service you have ordered after you have received the Order Confirmation, please contact us immediately.

If you cancel the Order (in whole or in part):

(i) Where the Services are due to take place within 24 hours, provided that the Services are not due to take place within 4 hours, we will require payment of the sum of £10 by way of an agreed cancellation fee.

(ii) Where the Services are due to take place more than 24 hours in advance, you can get a refund of the applicable amount via the original method of payment.

Please note that no refund or credit note will be given where a cancellation is attempted when the Services are due to take place within 4 hours of the request to cancel.

If the Seller requests to change the details of, or cancel, the Services you have ordered after you have received the Order Confirmation, we will seek to allocate another Seller to perform those Services for you in accordance with the original Order. However, we cannot guarantee that this will be possible in every case.

Liability

The Services which you book via The Software are the responsibility of the Seller who provides them. We are not responsible or liable to you for the actual Services provided by the Seller that are booked through The Software to the fullest extent permissible by law.

Items You Purchase

You understand that Crammed does not manufacture, store or inspect any of the items sold through The Software nor does it provide any Services sold through The Software. We provide the venue; the items in our marketplace are produced and sold directly by independent Suppliers, so Crammed can't and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item or service you purchase must be brought directly against the seller of the item. You release Crammed from any claims related to items sold through The Software, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims).