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Agency Agreement

This Agreement is entered into by and between the undersigned PARTIES:

By completing the Sign up you are authorised and freely provide the credentials of the Supplier including but not limited to: Registered Company Name, Represented by (Director), Company Registration Number and Head Office Address

Hereinafter referred to as the SUPPLIER.

And the other Party

OMT (JERSEY) LIMITED, Represented by David McGrath, Company No. 126512, Head Office. 2 Britannia Place, St Helier, Jersey, Channel Islands. JE2 4SU    

Hereinafter referred to as OMT.

PREAMBLE

OMT is an online marketing service and ecommerce provider with headquarters in Jersey, Channel Islands. OMT runs an online marketing platform for local businesses which provides a service for Suppliers and Consumers to negotiate and complete transactions for the Product/Service. Accordingly, the contract formed at the completion of a sale for these third party products is solely between Consumer and Supplier. OMT is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the Supplier’s agent. The Supplier is responsible for the sale of the Product/Service only.

The SUPPLIER agrees to pay OMT Commission on the retail price of the Product/Service under the following terms and conditions:

  1. Definitions

 

"Commission"            

£0

"Consumer"

means the end consumer of the Product/Service;

"Content"                  

means copyrightable works under applicable Law and content protected by database rights;

“Form Submission”

means details provided by Suppliers at www.fetch.je/join-fetch including accepting this Agreement and the General Terms and Conditions (www.fetch.je/terms-conditions) when the form is submitted;

"Product/Service"

means an online platform enabling the promotion, marketing and acquiring of certain products and services;

"Price"

means the price to the Consumer of the Product/Service;

"Supplier"

means the end supplier of the Product/Service;

"Technology"

means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles and discoveries protected or protectable under the Laws of any jurisdiction; (b)  interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology or other functional item;

"Trademark "

means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia or other source or business identifier, protected or protectable under any laws;

"Website"

means www.fetch.je.

"Website Services"

means the website service on the Website for Suppliers and Consumers to negotiate and complete transactions for the Product/Service;

"Your Materials"

 

means all Technology, Your Trademarks, Content, your Product/Service information, data, materials, and other items or information provided or made available by you or your affiliates to Amazon or its affiliates; and

"Your Trademarks"

means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.

  1. Obligations of the Parties

 

  • SUPPLIER obligations:

 

  • During the duration of the Agreement, OMT, may enable the SUPPLIER to sell Product/Service on the Website, in accordance with this Agreement and Terms and Conditions;

 

  • The SUPPLIER may sell to and charge the Consumer for extra services consumed by the Consumer and which are not included in the Product/Service available at the Website;

 

  • SUPPLIER will give OMT reasonable notice in writing of any changes to the pricing opening hours or other details affecting the delivery of the Product/Service; and

 

  • The SUPPLIER grants to OMT a royalty-free, non-exclusive, worldwide, right and licence for the duration of the SUPPLIER’S original and derivative intellectual property rights to use, any and all of Your Materials for the Services/Products, and to sublicense the foregoing rights to our affiliates; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using standard functionality made available to you via the Website); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a licence from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party). OMT shall not be culpable for Your Material presented on the Website.

 

  • OMT obligations:

 

  • OMT shall promote the SUPPLIER on OMT's website and social media channels in local language, local currency, using best-localised business practices including secure local payment systems;

 

  • OMT may seek and secure prior approval from SUPPLIER for the design and content of any and all web pages to be used by OMT to promote the product/service;

 

  • OMT is a service provider that helps facilitate transactions that are commenced on the Site, in doing so, OMT recognises that they are neither the buyer nor the Supplier of the Product/Service; and

 

  • OMT reserves the right to refuse to promote, market and sell Product/Service needing not to provide cause or reason.

 

  • OMT upholds the obligation to provide a safe, reliable, trustworthy and valuable online platform. Product/Services that do not meet these common attributes may be removed, without notice, at the absolute discretion of OMT.

 

  1. Terms of Payment and Commission

 

  • You will be asked to supply certain information including, without limitation, valid credit or debit card information or other payment information, your billing address, your email address, your postal address or other shipping information.

 

  • You will use only a name you are authorised to use in connection with a Transaction and will update all of the preceding information as necessary to ensure that it at all times remains accurate and complete. 

 

  • You are responsible for paying all prices, costs, charges and expenses incurred by you or on your behalf through your use of the Site, at the price or prices in effect at the time such charges are incurred, including without limitation any delivery, postage, shipping and / or handling charges.

 

  • Commission payable by SUPPLIER to OMT on the sale of the Product/Service through the Website shall be made by way of OMT paying to SUPPLIER the net amount of OMT Product/Service Price (being the value of the Taxable value of the Product/Service by OMT minus the value of the commission payable by SUPPLIER to OMT) in accordance with the schedule below (as may be amended from time to time) upon issuance of invoices by SUPPLIER:

 

  • Payments due to the SUPPLIER, are to be made out by OMT, through Bank Transfer or an agreed alternative payment method.

 

  • You authorize us to choose to either (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you, or (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt.  

 

  • Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in British Pounds Sterling, and all payments contemplated by these Terms will be made in British Pounds Sterling. 

 

  1. Representations

 

  • Each party represents and warrants that:

 

  • if it is a business, it is duly incorporated, validly existing and in good standing under the laws of the territory in which the business is registered;

 

  • it has all requisite right, power and authority to enter into this Agreement and perform its obligations and grant the rights, licences and authorisations its grants hereunder;

 

  • any information provided or made available by one party to the other party or its affiliates is accurate and complete, and it will promptly update such information as necessary to ensure it at all times remains accurate and complete,

 

  • it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the Jersey Financial Services Commission, United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority and (e) it will comply with all applicable laws in performance of its obligations and exercise of its rights under this Agreement.

 

  1. Duration

 

  • Subject to Clause 5.2, the term of this Agreement shall be from the Form Submission date of this Agreement and will terminate:

 

  • by either Party giving one (1) months' notice in writing to the other; or

 

  • when written notice is provided in advance in accordance with Clause 10 of this Agreement.

 

  • We may suspend or terminate your use of any Website Services immediately if we determine that:

 

  • you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion;

 

  • your use of the Website identify that it may be used for deceptive or fraudulent or illegal activity; or

 

  • your use of the Website Services has or might harm other customers.

 

  • We will promptly notify you of any such termination or suspension via email or similar means sent to you individually, indicating the reason, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards.

 

  1. Limitation of Liability

 

  • Both parties are only liable for damages suffered as a result of wilful misconduct or gross negligence.  In case of minor negligence, the parties are only liable for (a) injury to life, body, or health; or (b) foreseeable typically occurring damages resulting from the breach of a fundamental contractual obligation.

 

  1. Statutory rights

 

  • The performance of the rights and obligations contemplated in the Agreement will comply with the requirements of all applicable legislation (including subordinate legislation and rules of statutory authorities) for the time being in force or which may be applicable where such activities shall be made available and not breach any Agreement or infringe or violate any copyright, trademark or any other personal or property of any person or render any of the Parties liable to any proceedings. Either party shall notify the other and provide a maximum of 10 days to rectify a breach. In cases where the breach is not rectified, either party may terminate this Agreement, forthwith.

 

  1. Confidentiality

 

  • SUPPLIER and OMT agree to hold in strict confidence all terms of this Agreement and all information regarding each other obtained pursuant to this Agreement, and neither party shall disclose any such information to any other person (except their respective professional advisers or employees on need to know basis for performance under this Agreement) without the express written consent of the other party save to the extent that such disclosure is required by the law or by any authority or court;

 

  • No such consent shall constitute a waiver of the right of confidentiality conferred hereunder but shall be limited strictly to its terms. The obligations under this Clause shall survive the termination of this Agreement; and

 

  • SUPPLIER and OMT shall treat each other’s customer data in strict confidence and neither shall use, copy, disclose or permit any of their personnel to use, copy or disclose this information for other marketing activities conducted by either party to the Agreement without prior written consent from the other.

 

  1. Modification

 

  • We will provide at least 10 days’ advance notice in accordance with Clause 10 for and modifications, changes to the Agreement.

 

  • However, we may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. We will notify you about any change or modification in accordance with Clause 10.

 

  • Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Clause 9 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Clause 5.1.

 

  1. Notices

 

  • Any notice or any other communication required by the Agreement shall be in writing and shall be addressed to the parties as indicated below or any other address where a change of address is notified in writing to the other Party beforehand and such notice shall be deemed to have been received if sent by recorded delivery registered mail or if sent by email to: [email protected] The Addresses of the Parties are as follows:

*|Registered Company Name|*

*|Address Line 1|*

*|Address Line 2|*

*|Address Line 3|*

*|Post code/Zip|*

For – OMT (Jersey) Limited

7-11 Britannia Place,

Bath Street

St Helier

Jersey

JE2 45U

Channel Islands

  1. Force Majeure

 

  • The occurrence of incidences of force majeure, such as war, earthquake, revolution, terrorist attack, closure of national borders, pandemics, epidemics, natural disasters, lockouts, labor unrest, restrictions imposed by any Government authority or any other incidents which may gravely affect any of the Parties, will constitute grounds for non-compliance by the affected Party of the obligations established in the present Agreement.

 

  1. Data Protection

 

  • Any personal data you provide to us will be handled in accordance with the Privacy Notice.

 

  1. No Partnership

 

  • You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. OMT is not an auctioneer, neither is it an intermediary between the Consumer and the Supplier. We have no authority to make or accept any offers or representations on your behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions of this Agreement are intended to be and are for the sole and exclusive benefit of us, you, and relying Customers or Sellers. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use.

 

  1. Miscellaneous

 

  • If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.

 

  • This Agreement represents the entire agreement between the parties with respect to the Website Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.

 

  1. Governing law and Jurisdiction

 

  • This Agreement shall be governed by and construed in accordance with the laws of the Island of Jersey and the parties hereby irrevocably agree that the courts of the Island of Jersey are to have jurisdiction to settle any disputes which arise out of or in connection with this Agreement and that accordingly any suit, action or proceeding arising out of or in connection with this Agreement may be brought in such court.

 

  • In agreement with the terms and conditions described above, the Parties initial all pages of the present document, and signature the final page in duplicate, to sole effect, on the date indicated.

 

Your agreement with the Terms and Conditions described above, will be deemed approved upon completion of the Form Submission.

 

 

 

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