Hermes Play - Terms and conditions

Please read the following terms and conditions ("Terms of Use") carefully before you purchase Hermes Play and record and upload your Video Message. By purchasing and using Hermes Play, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not purchase Hermes Play.

 

The following Terms of Use are entered into by and between You and Hermes Parcelnet Limited (the "Company", "we" or "us").

 

IT IS AGREED as follows:

1. Definitions and Interpretation

1.1

In these Terms of Use, unless the context otherwise requires, the below additional expressions have the following meanings:

"App" means the mobile phone programme through which Video Messages can be recorded and received.

"Hermes Play" means the additional service that can be purchased when You purchase parcel delivery services via the myHermes website which allows You to Record a Video Message and for any such Video Message to be replayed by the Recipient of the Parcel via the App.

"Record" means the creation, upload and submission of a Video Message.

"Video Message" means up to thirty (30) seconds pre-recorded message from You to the Recipient of the Parcel which is imbedded into the Parcel information.

1.2

These Terms of Use form part of the myHermes Terms and Conditions https://www.myhermes.co.uk/terms-and-conditions.html. The myHermes Terms and Conditions shall remain in full force and effect and all capitalised terms used in the myHermes Terms and Conditions shall have the same meaning as given to those terms in these Terms of Use.

 

2. Basic Terms

2.1

You shall not provide any data in a manner that violates applicable law or any applicable privacy policies.

2.2

You shall not misuse our Hermes Play or breach any of these Terms of Use. If you do we reserve the right to suspend or stop providing our Hermes Play and our delivery Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

2.3

You are solely responsible for your conduct and any content of the Video Message that you Record.

2.4

You acknowledge that the Recipient must download the App in order to view the Video Message.

2.5

You shall not transmit any worms or viruses or any code of a destructive nature via the Video Message or when using the App.

2.6

When you Record a Video Message, you give us a worldwide licence to use, host, store, reproduce, modify, communicate, publish, publicly display and distribute such content. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving Hermes Play and our Services, and to develop new ones. This licence continues even if you stop using Hermes Play and our Services. You guarantee to us that you have the necessary rights to grant us this licence for any content that you submit.

2.7

You must be 18 years or older to use Hermes Play.

2.8

Only one Video Message can be sent per Parcel.

2.9

You may only use Hermes Play for a personal purpose and nothing in these Terms of Use limits any consumer legal rights which may not be waived by contract. You may not use Hermes Play on behalf of a business or for a commercial purpose.

2.10

Recipients of the Video Message have the option to view the Video Message or upload it to social media platforms provided that any such action occurs within the 90 day time limit set out in clauses 6.1 and 6.2.

2.11

We reserve the right to modify these Terms of Use for any reason, at any time, without notice.

2.12

We reserve the right to report to the police or any law enforcement agency your personal details if we determine that in our sole discretion that the content of the Video Message is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates a third party’s intellectual property rights.

 

3. Copyright

By using Hermes Play and Recording a Video Message you warrant that you have a licence to use any and all intellectual property rights which features in the Video Message.

 

4. Your Obligations and Inappropriate Content

You shall not, in the use of Hermes Play, send inappropriate content to the Recipient via the Video Message in, including but not limited to, a Video Message which: 

  • contains nude, partially nude or sexually suggestive content;
  • abuses, harasses, threatens or intimidates the Recipient or a group of individuals;
  • incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or other characteristic that is associated with systemic discrimination or marginalisation;
  • threatens or advocates for physical or mental harm on oneself or others;
  • promotes or contains violent language, gruesome imagery, or graphic images or accounts of physical trauma;
  • promotes or contains gratuitous portrayals of or sale of bodily fluids, human waste, or human tissue;
  • promotes or contains cruelty or gratuitous violence towards animals;
  • promotes or contains content with underage or non-consensual sexual themes, including child sexual abuse content;
  • promotes or contains services that may be interpreted as providing sexual acts in exchange for compensation;
  • promotes or contains any terrorist activity, acts of violence or acts of war
  • promotes or contains advertisements;
  • contains other content in the Video Message that displays shocking content or promotes hatred, intolerance, discrimination, or violence.

 

5. Liability for Hermes Play

5.1

Where permitted by law we will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, or consequential damages.

5.2

To the extent permitted by law, our total liability for any claims under these Terms of Use, including for any implied warranties, is limited to the amount you paid us to use Hermes Play.

5.3

In all cases we will not be liable for any loss or damage that is not reasonably foreseeable.

 

6. Our Warranties and Disclaimers

6.1

The Recipient may view the Video Message as many time as they want to within a 30 day period beginning when you create and upload it.

6.2

We will store the Video Message for 60 days after you create and upload it and thereafter, subject to regulatory and/or legal requirements, it will be erased.

6.3

Other than as expressly set out in these terms or additional terms, we make no specific promises about Hermes Play. For example, we don’t make any commitments about the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services "as is".

6.4

From time to time we will carry out maintenance on the App which means that Hermes Play will not be available either to record and upload a Video Message or for the Recipient to view the Video Message.

6.5

To the extent permitted by law, we exclude all implied warranties concerning merchantability, fitness for a particular purpose and non-infringement.

 

7. General

7.1

When you use Hermes Play you provide your personal information to us. The way we process this personal information is set out in our Privacy Policy. By providing this information to us you confirm that you are happy for us to process your personal information in this way.

7.2

These terms control the relationship between us and you. They do not create any third party beneficiary rights.

7.3

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

7.4

If it turns out that a particular term is not enforceable, this will not affect any other terms.

7.5

These terms are governed by English law and we both submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of or relating to these terms.