Terms of Service
1.1 The Carryr service is designed to provide Retail Partners’ online Consumers with a fast and convenient delivery option, fulfilled by a third-party courier, vehicle operator or logistics provider (the “Fleet Partner”) to carry out deliveries on your behalf (the “Service”). The Service will be provided to Retail Partners, Consumers and/or Recipients via Integrated APIs, Websites and/or Applications.
1.2 The Service is provided by Carryr Technologies Limited trading under the name of Carryr, (the "Company", “we”, “us” and “our”), company number 10785459 whose registered office is at 130 Old Street, London, EC1V 9DB, United Kingdom. Our VAT number is 274 0483 04.
1.3 These Terms and Conditions ("Terms"
), our Cookies Policy
tell you how we provide and how you may use the Service. For information on how we use personal data we collect from you.
If you want to use the Service, you must first create an Account. By creating an Account, you accept these Terms when prompted on your Device. This will create a binding legal contract between you and us for each order you place with us for the Service. If you do not agree to the Terms, please do not press to accept them and you will not be able to create an Account or use the Service.
To create an Account and use the Service, you must be 18 or older, and have the power to enter into a binding contract and be resident in the UK.
1.4 Use of the Service will be governed by these Terms.
2. Our Obligations
Subject to your compliance with your obligations set out in these Terms, we agree to use commercially reasonable efforts to provide and make available the Service to you. These Terms include the Special Conditions ("SC") which apply to the Fleet Partners only (see Schedule 2).
or our Cookies Policy
. If we do, we shall notify you by email to the email address you have used to sign up to the Service with. By continuing to use the Service after we notify you, you agree to the changes and/or increase in the Fees stated within such notice.
4.1 In order to be able to access the Services, the User must first have a compatible Device (as a minimum with iOS X, Android X, Windows X or Mac OS X) in good working order and must create an Account.
In the event of login by means of Facebook Connect or Google Account Login interface integrated into the Application, the User authorises the Company to use the data it enters in their Facebook or Google account, respectively, to complete their User profile, on the understanding that the data derived from the Application does not give rise to any publication on the User's Facebook or Google profile, in particular in relation to our Services and/or Delivery Requests..
The User shall follow the instructions provided by the Company via the Application to create their Account and shall provide the required identification data (surname, forename, postal address, email address, corporate name and organisation name, where applicable, etc.) correctly, accurately and truthfully.
The User shall update their identification data promptly via the Application in the event of any change and shall follow the procedures provided by the Company. If the data provided proves to be inaccurate, incomplete or wrong, the Company reserves the right to suspend access to the Services until the User corrects such errors.
The User acknowledges and agrees that the Services are only accessible via the Application.
4.2 Upon creating the Account enabling access to the Services, the Company shall send Login Information to the User, namely a user name and a password.
In the event that the User creates an Account from the Facebook Connect or Google Login interface, their Facebook login or Google login information will enable them to log in automatically.
The User shall only use the Application with their own Login Information, and agrees that all correlative acts on the Application undertaken with the said Login Information shall be deemed automatically to have been undertaken by the User, or at the very least under their control.
The User shall keep their Login Information confidential and not communicate it to any third party.
In the event of loss, theft or any fraudulent act or forgotten Login Information, the User shall notify the Company promptly by sending an email to the following email address: [email protected]
and shall provide such evidence of their identity as may be required.
The Company shall review the request promptly upon receipt and may, as a security measure, suspend access to the Services with the User's Login Information. The Company shall process the User's request promptly and shall send them new Login Information by return.
4.3 You can close your Account at any time and for any reason. To close your Account, please email us at [email protected]
. When you ask us to close your Account, we will put it in a suspended state for 30 days just in case you change your mind. After that 30-day period, your Account will be closed. Logging back in during that 30-day period will reactivate your Account.
4.4 When your Account is closed (whether by you or us), your right to use the Account to access our Services stops immediately. After the 30-day cancellation period, the Company will delete Data associated with your Account or will otherwise disassociate it from you and your Account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as the Company won’t be able to retrieve your Data once your account is closed.
5. Payments and Cancellation
5.1 In consideration of our provision of the Service, you shall pay to us all fees and charges set out or referred to in these Terms (collectively the “Fees”).
, respectively. Fees shall be deducted from your Account’s balance upon completion of each Delivery Request.
5.3 By providing any credit card or other payment card information to us (“Payment Method”), you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. You undertake that you will keep your billing information current via the Store Dashboard, including promptly updating your billing details with an alternative payment card in the event that your credit or debit card is lost, stolen or expired. If your credit card or debit card is rejected, we shall be entitled to charge you a £20.00 rejection fee.
5.4 You shall pay interest on any late or unpaid Fees from the due date until the date of actual payment (whether before or after judgment) at the rate of eight per cent (8%) per annum above the base rate of the Bank of England from time to time, such interest to accrue on a day to day basis and to be compounded monthly.
5.5 The current in-force price list used to calculate the Fees as at the Effective Date is set out in Schedule 1.
5.6 A Retail Partner Account works on a pay as you go credit basis.
You agree to make payments to your Account for the Fees associated with Delivery Requests and therefore the Service.
Fees for any Delivery Requests will be deducted from your Account upon the completion each completed Delivery Request.
When you register you authorise us to take a deposit from your credit / debit card in order to top up your account. This is for the payment for future Fees associated with Delivery Requests and therefore the Service.
You agree to keep your Account in credit in order to ensure you have sufficient credit available to pay for your Fees.
We have an auto top-up facility available to aide you in the above obligation which may, subject to their discretion become a mandatory requirement upon accounts. If your account has mandatory auto-top up enabled you will be informed.
Any positive balance will be refunded upon account closure after the 30-day closure period. Negative balances will be automatically deducted from your saved Payment Method.
5.7 Redemption of promotional credit is limited to 12 months from the date of issue (unless otherwise stated), at which time the credit will expire. Upon redemption, promotional credit expires after 12 months unless otherwise defined in the terms of the promotion.
5.8 Only one promotional code is permitted per User, and may be redeemed only by "new Users," defined as Users who are within 30 days of receiving their first Delivery Request. We may send you further promotional codes from time to time during your time of using the Service, based on your usage of the Service.
6. Service Availability
Our Service is available from our Retail Partners throughout Cambridge, United Kingdom. Each Retail Partner has a prescribed Delivery Area. This is to ensure that Delivery Requests reach the Consumers and/or Recipients in a timely manner.
If a Consumer and/or Recipient is located outside the Delivery Areas, we will notify the Consumer upon creation of the Delivery Request that using our Service will not be possible. We do not accept Delivery Requests from Consumers to a post code in which we do not have a Retail Partner.
Operating hours will vary depending on local trading conditions and the availability of our Retail Partners. Availability and operating hours of our Retail Partners will be supplied and maintained frequently by the Retail Partners via the Store Dashboard.
7. Delivery Requests
7.1 To initiate a Delivery Request for a Fleet Partner, the Consumer must select the Service offered upon checkout of the Retail Partners Website when making a purchase via our Integrated APIs and input into those systems the information required by the Service. The Price of the Service offered to the Consumer is supplied and independently controlled by the Retail Partner via the Store Dashboard, the Price may change without notice and may vary from time to time.
7.2 You and Consumers will be provided with information by the Service showing the Order Status.
7.3 You may only cancel or reschedule the Delivery Request through the Store Dashboard. If you cancel or reschedule a Delivery Request once it has been made, then the following shall apply:
- if a Fleet Partner has not been assigned, you may cancel or reschedule without charge;
- if a Fleet Partner has been assigned but has not yet arrived at your Collection Location or has arrived at your Collection Location but has been waiting at your Collection Location, you may cancel or reschedule by contacting our support team and may be subject to a cancellation fee of £2.00 with exclusion of the attached Fees for the Delivery Request; or
- if a Fleet Partner has already collected the items and due to cancellation these items must be subsequently returned to the Collection Location, you will be charged £4.00 on top of the attached Fees for the Delivery Request.
The Fleet Partner may cancel a Delivery Request for any reason, whether through the Application or by requesting a cancellation from the Company. If so requested, the Company will give effect to the cancellation via the Application on the Fleet Partner's behalf.
If a Fleet Partner cancels any Delivery Request, the Company will reassign an appropriate Fleet Partner through the dispatch technology in the Application as set out in Clause 4.1 of these Terms. If reassignment is not possible, the Company shall then seek the most appropriate solution, in collaboration with the Consumer and/or Recipient.
If a Fleet Partner cancels a Delivery Request due to a Force Majeure Event entailing the destruction of the Collected Items or their damage preventing delivery, then the Fees shall not be debited from the Retail Partner and the Fleet Partner shall contact the Retail Partner and the Company in order to implement the insurance, as detailed in Clause 11 of Schedule 2 (SC).
For the avoidance of doubt, the Company shall play no part in the decision by a Fleet Partner to cancel a Delivery Request under this Clause 7.3.
7.4 If a Fleet Partner cannot complete a delivery due to the Collected Items exceeding the weight and dimension capacity set out in Clause 8.6, the delivery will be split between multiple Fleet Partners to complete the Delivery Request.
8. Collected Items
8.1 Where you are using the Service to deliver the Collected Items to a Recipient, the contract of sale in relation to your Collected Item is made between you and that Recipient and not with us or the Fleet Partner.
8.2 You may not use the Service to transport:
- goods, products or items that are illegal in the UK or any guns, weapons, living organisms, such as animals, or medical waste; or
- any goods, products or items which you have been notified by us or a Fleet Partner as being prohibited.
8.3 You are responsible for preparing and packaging the Collected Items in a form suitable for delivery by a Fleet Partner.
8.4 You agree that you shall not use the Service to deliver fragile or delicate products, goods or items and, if you do, you only do so at your sole risk. We shall not be liable to you for any damage to delicate or fragile products, goods or items and you shall ensure that any such goods, products or items that you do send are appropriately packaged and protected.
8.5 We reserve the right in our sole discretion to reject a Delivery Request. We may do this, for example, if we suspect that the Delivery Request or the goods or products that you have requested to be collected using the Service are not in accordance with these Terms.
8.6 We impose capacity guidelines on the weight and dimensions of items that can be transported by each mode of transport. The guidelines are as follows:
- Cars: Up to 30kg L90 x W50 x H50
- Scooters/Motorcycles: Up to 8kg & L50 x W50 x H33
- Bicycles: Up to 5kg & L35 x W35 x H33
9. Processes Relating to Delivery
9.1 Delivery and collection times selected by Consumers or allocated via the Service are approximate only, and the time for collection or delivery is not of the essence. We will use commercially reasonable efforts to meet the delivery and collection times set out in the Service Level Agreement. However, we shall not be liable for any failure to meet the delivery and collection times set out in the Service Level Agreement if such failure is caused by any of the circumstances listed in Clauses 9.2, 9.3, 9.4(a) or 9.4(b) below.
9.2 If you fail to provide adequate information about the collection of the Collected Items and such failure results in the Fleet Partner being unable to collect the Collected Items within a reasonable amount of time, we may cancel the delivery.
9.3 If you (or someone on your behalf) are unavailable to hand over the Collected Items to the Fleet Partner within 15 minutes following the Fleet Partner’s arrival at your collection location, we may cancel the delivery and charge you £2.00 with the exclusion of the attached Fees of the Delivery Request.
- Consumers fail to provide adequate instructions about the delivery of the Collected Items and such failure results in the Fleet Partner being unable to deliver the Collected Items within a reasonable amount of time; or
- Recipient is unavailable to take possession of the Collected Items within a reasonable time following arrival at a Delivery Location by the Fleet Partner,
the Fleet Partner shall return the Collected Item to the Collection Location and we will be entitled to charge you:
- 100% of the full Fees we would have charged if the delivery had been completed; and
- £4.00 as a result of the Fleet Partner returning the Collected Item to Collection Location.
9.5 We shall only be required to facilitate the collection and delivery of goods, products or items through the Service from or to locations within the Delivery Area.
10. Intellectual Property Rights
10.1 We (or our licensors) retain ownership of the Service and its associated Intellectual Property Rights (including those in our websites and applications). We grant you a non-exclusive, non-transferable right to use the Service’s features solely for your own personal, non-commercial purposes, subject to these Terms. All rights we do not grant to you specifically in these Terms are reserved by us.
10.2 You agree that you shall not copy, decompile, reverse engineer or otherwise derive or attempt to derive source code from the Service (including our websites or applications) except as is permitted by the Copyright Designs and Patents Act 1988 (as amended) where such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Service with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving interoperability of the Service with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software or service that is substantially similar to the Service.
11.1 You warrant:
- that you will not use the Service for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the Service;
- not to use the Service to deliver any item that is dangerous, illegal or intended only to annoy or abuse other users or third parties (including us or our Fleet Partners);
- to comply with any terms of service that apply between you, Consumers and the Fleet Partner that transports your item (as may be notified to you);
- not to use the Service to transmit any viruses (or similar malicious code) or any material that is infringing, obscene, defamatory, threatening or unlawful or that may harm us or any third party;
- to indemnify and defend us fully against any Claims or legal proceedings brought against us by any third party (including Recipients) as a result of your breach of these Terms;
- to keep your account username and password secure at all times and not to disclose your account username and/or password to any other person.
11.2 You further warrant that you will perform your obligations under these Terms, including preparation and packaging of Collected Items for delivery, with due care and skill and in accordance with industry standards.
11.3 We warrant that we will perform our obligations under these Terms with due care and skill and in accordance with industry standards.
12.1 If a Recipient makes a complaint to us about a Collected Item itself (such as a complaint about the quality of a Product), we shall be entitled to redirect that complaint to you.
12.2 You shall be solely responsible for, and shall indemnify us against all Claims arising from or related to the Collected Items, including Claims that:
- any Collected Item does not reflect the product information or other descriptions of the Collected Item published by you or its owner or otherwise made available to any Recipient;
- any Collected Items from the applicable order placed by a Recipient are damaged;
- there are products or goods missing which should have been included with the Collected Items as part of the same or a connected order placed by a Recipient with you; and
- the Collected Items are inadequate, poor quality or otherwise not fit for purpose.
13. Force Majeure
Neither party will be liable for a failure or delay in performing their obligations under these Terms to the extent that such failure or delay is caused by an event outside of the reasonable control of that party and which could not have been prevented or avoided by that party taking reasonable steps.
14.1 Subject to Clause 14.2, the Receiver shall keep the Discloser’s Confidential Information confidential and shall not use or disclose such information other than as is necessary to perform their obligations under these Terms.
14.2 Notwithstanding Clause 14.1, the Receiver may disclose the Discloser’s Confidential Information as required by law.
14.3 If the Receiver discloses the Discloser’s Confidential Information to their employees, directors, contractors or agents for the purposes of performing their obligations under these Terms, the Receiver shall ensure that the person(s) to whom such information is disclosed treat it as confidential and only use and disclose it for the purposes of performing the Receiver’s obligations under these Terms.
15. Personal Data
15.1 In this Clause 14, “data controller”, “process”, “data processor”, “data subject” and “personal data” shall have the meaning given in the General Data Protection Regulation (GDPR).
15.2 The parties acknowledge and agree that they are each the data controller of personal data where a Recipient is a data subject (“Recipient Data”).
15.3 Each party will ensure that it complies with Data Protection Law applicable to it in full whenever Recipient Data is processed by them or on their behalf by a data processor.
15.4 You will ensure that a clear and unambiguous notice which is compliant with Data Protection Law is displayed to Recipients or potential Recipients which states that you may use us to fulfil orders and that we may therefore receive and process Recipient Data.
16. Term and Termination
16.1 This agreement shall commence on the Effective Date in which the Account was created and shall remain in effect until terminated in accordance with the provisions of these Terms (the “Term”).
You acknowledge and agree that in accordance with section 28 of the Consumer Contracts Regulations 2013, the cooling-off period does not apply for contracts for the transport of goods, and therefore to the Service and/or Delivery Requests.
An electronic contract of an undefined duration, relating to the licence to use the Applications, Websites and the Services, is entered into between the User and the Company upon acceptance of these Terms by the User.
Furthermore, the Application enables a Consumer and/or Recipient to make Delivery Request via our Retail Partners website enabling a Fleet Partner to undertake the Service under these Terms. This Service is subject to an electronic contract between the Retail Partner, Consumer and/or Recipient and the Fleet Partner, which is formed via the Application pursuant to these Terms as set out below. The Company is not a party to that contract.
The Delivery Request comprising the Collected Items purchased from our Retail Partner, a Recipient and a Delivery Address, is issued by the Consumer, via the Application, and constitutes an offer for the services of a Delivery Request at the Price supplied by the Retail Partner, subject to the provisions of Clause 9 of these Terms.
The User acknowledges and accepts that the above creates a sufficiently precise, firm, unequivocal and unreserved offer, subject always to the provisions of these Terms, and is binding on the Retail Partner and Consumer upon acceptance by a Fleet Partner of a Delivery Request.
Via the dispatch technology underlying the Application, a Fleet Partner who has the appropriate Method of Transport, shall be informed of the Delivery Request. Once a Fleet Partner accepts a Delivery Request, an electronic contract for the Service is entered into between the Retail Partner, Consumer and/or Recipient and the Fleet Partner, under these Terms.
16.2 We may terminate these Terms immediately and close your account at any time without notice if we cease to provide the Service in the Delivery Area.
16.3 We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of your obligations set out in these Terms.
16.4 Suspension, restriction or termination of your access to the Service will not limit our right to take any other legal action against you that may be appropriate.
16.5 Either party may terminate these Terms upon thirty (30) days’ advance written notice to the other party.
16.6 All outstanding payment obligations in relation to the Service shall survive termination of these Terms.
16.7 Fleet Partners shall return to the Company all accessories given to them by the Company pursuant to Clause 9 of the SC.
17.1 Subject to Clause 17.4, our total aggregate liability in relation to loss, destruction or damage to Collected Items (taken together) caused by any reason whatsoever including by our breach of contract, tort or negligence or that of a Fleet Partner is limited to the cash value of the Collected Items but shall in no event exceed £5,000. If you consider that the potential loss or any other damage to you caused by the loss, destruction or damage of all (or part) of a single collection and delivery of Collected Items would exceed this amount then you must arrange separate cover or insurance to cover such potential loss.
17.2 Subject to Clause 17.4, our total aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), statute or otherwise for loss or damage not limited by Clause 17.1, is limited to the greater of
- £100; and
- the total Fees paid or payable to us in the 2 months preceding the event giving rise to the liability.
17.3 Subject to Clause 16.4, neither party is liable to the other for any economic losses (including loss of revenues, profits, contracts, business or anticipated savings) or any special, indirect or consequential losses of any nature, whether or not such losses were known to the parties at the Effective Date.
17.4 Nothing in these Terms shall limit either party’s liability for death or personal injury caused by their negligence, fraud or any other statutory or other liability which cannot be excluded or limited by law.
17.5 We are not responsible and shall have no liability to you for:
- the behaviour, actions or omissions of any Recipient or any Fleet Partner;
- the actions or omissions of other users of the Service;
- the quality or fitness for purpose of any Collected Item;
- losses, damage, costs or expenses not caused by our breach of these Terms; or
- any harm, loss or damage suffered by you or anyone else (including any Recipients) if the Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).
18. Technical Limitations
18.1 The Service is provided without express or implied warranty or condition of any kind, on an “as-is” basis and all implied warranties (whether by statute, custom or otherwise) are excluded to the maximum extent permitted by applicable law.
18.2 You acknowledge and accept that your access to the Service is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the Service may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.
18.3 We give no warranty that your use of the Service will be uninterrupted or error free. We will use our reasonable endeavours to provide a good, consistent service, however, you acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay your access to the Service, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Service.
At the request of the Company, the Retail Partner agrees to participate in other reasonable marketing activities that promote the benefits of the Services to other potential Retail Partners and to use of the name and logo on the Company’s websites and/or Applications and in the Company’s promotional materials.
The Retail Partner agrees that the Company may disclose the Retail Partner as a customer of the Company.
20. Third Party Services
20.1 You confirm that you understand and agree that:
- we are a software company and operate the Service only – we do not provide courier or logistics services, and we are not a goods carrier;
- it is up to the Fleet Partner to perform any courier services you request via the Service; and
- we solely provide information and enable you to request those third party courier services, but we do not provide courier services ourselves or act in any way as a courier.
20.2 You agree that we have no responsibility or liability for the acts or omissions of a Fleet Partner unless expressly set out in these Terms.
20.3 You warrant that you will comply with any terms and conditions applicable to the use of a third party Fleet Partner’s service and we will not be responsible for any act or omission by you or the Fleet Partner in connection with your use of their service.
20.4 We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from, the Service by other users or third party service providers (including Fleet Partners).
21. Contacting Us
21.1 If you need to contact us, please write to us at 130 Old Street, London, EC1V 9DB, United Kingdom or email us at [email protected]
21.2 For any Fleet Partner-specific queries, please contact our live customer support team, who can contact the Fleet Partner in the first instance.
22. General Legal Terms
22.1 Unless these Terms expressly state otherwise, all notices under these Terms shall
- for any notices to be served on us by you, be emailed to [email protected] or be given in writing and delivered, posted or faxed to 130 Old Street, London, EC1V 9DB, United Kingdom; or
- for notices to be served on you by us, be emailed or be given in writing and delivered or posted to the email address or postal address specified by you in your Account (as applicable).
22.2 We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. You may not subcontract, assign, novate or otherwise deal with your obligations or interests under these Terms without our prior written consent.
22.3 The parties shall be independent contractors and nothing in these Terms shall be deemed to constitute a partnership or any employment relationship between the parties.
22.4 Subject to Clause 3.1, a provision of these Terms or right, power or remedy created under it may not be varied or waived except in writing signed by the party to be bound.
22.5 No waiver of any breach of these Terms shall constitute a waiver of any other breach of the same or other provisions of these Terms.
22.6 If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of these Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
22.7 These Terms are the entire agreement between the parties about their subject matter and supersedes all previous agreements, understandings, representations, statements and negotiations on that subject matter whether written or oral.
22.8 Each party acknowledges and agrees that it does not rely on, and shall have no remedy in respect of, any promise, assurance, statement, warranty, undertaking or representation made (whether innocently or negligently) by any other party or any other person except as expressly set out in these Terms in respect of which its sole remedy shall be for breach of contract.
22.9 These Terms shall be governed by the laws of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
23.1 In these Terms:
- “Account” means the private Retail Partner and/or Fleet Partner area accessible from Websites and Applications with the Login Information and containing the information on the Retail Partner, Consumers and/or Fleet Partners and the Services provided by us;
- "Application" means the computer application accessible from a Device and enabling access to the Services, including but not limited to the mobile application, web application and API integrated application;
- “Claim” means any liability, damage, expense, claim or cost (including reasonable legal fees and costs);
- “Collected Items” means any single consignment of products, goods or items that have been collected by or are due to be collected by a Fleet Partner via the Service;
- “Collection Location” means the collection address of the Collected Items supplied by the Retail Partner in the Application for a Delivery Request;
- “Confidential Information” means all information, except for Excluded Information, which is, by its nature, confidential, is designated or marked as “confidential” or which the Receiver knows, or ought reasonably to know, is confidential;
- “Consumer(s)” means the purchaser and/or the Recipient of the Collected Items supplied by the Retail Partner;
- “Data Protection Law” means the Data Protection Act 1988 and all applicable laws and regulations (in any jurisdiction) relating to processing and/or security of personal data and privacy;
- “Delivery Area” means postal codes with a prefix value of CB1, CB2, CB3, CB4, CB5;
- “Delivery Request” means a Service request created by a Consumer via our Retail Partners upon purchase of products, also referred to as an “Order”;
- “Delivery Location” means the delivery address of the Recipient supplied by the Consumer and/or Recipient in the Application for a Delivery Request;
- "Device" means any mobile or other device (smartphone, PC, tablet, etc.) having an internet connection and able to download, install, use or integrate the Application;
- “Discloser” means the party disclosing Confidential Information to the other party;
- “Drop Fee” shall have the meaning given to it in Clause 4 of the SC;
- “Effective Date” means the date on which these Terms were entered into, being the date on which the Terms were accepted by you;
- “Excluded Information” means all information that is lawfully known, or became lawfully known, to the Receiver independently of these Terms or which is in, or comes into, the public domain other than due to wrongful use or disclosure by the Receiver;
- “Fees” means the fees charged by us for the provision of the Service as set out or referred to in Clause 5;
- "Fleet Partner Fee" means the payment for the Service performed, of which is payable to the Fleet Partner, calculated in accordance with Clause 4 of the SC;
- “Fleet Partner” shall have the meaning set out in Clause 1.1;
"Force Majeure Event" means any circumstance not within a Party's reasonable control including, without limitation:
- acts of God, flood, drought, earthquake or other natural disaster;
- epidemic or pandemic;
- terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, * imposition of sanctions, embargo, or breaking off of diplomatic relations;
- nuclear, chemical or biological contamination or sonic boom;
- any law or any action taken by a government or public authority, including without limitation imposing * an export or import restrictions, quota or prohibition, or failing to grant a necessary licence or consent;
- collapse of buildings, fire, explosion or accident;
- any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this Clause, or companies in the same group as that Party);
- non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this Clause); interruption or failure of utility service; and
- any other third party activity or event that materially impacts a Fleet Partner’s ability to effect the Service.
- "Hourly Fee" shall have the meaning given to it in Clause 4 of the SC;
- "Hourly Slot" means a period of time or times during which a Fleet Partner agrees to be available to provide services relating to the Service by completing Delivery Requests in exchange for an Hourly Fee;
- “Integrated APIs” means the application programming interfaces which have been integrated in order to allow us to provide the Service to you;
- “Intellectual Property Rights” means all intellectual property rights, including patents, supplementary protection certificates, petty patents, utility models, trade marks, database rights, rights in designs, copyrights (including rights in computer software) and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, in each case for their full term, and together with any renewals or extensions;
- "Login Information" means username and/or password sent by us to the Retail Partner and/or Fleet Partner and enabling them to access their Account and the Services;
"Method of Transport" means the method(s) used by the Fleet Partner to carry the Goods for the purposes of making the Delivery of Goods, namely:
- transport by bicycle;
- transport on moped/motorbike, or;
- transport by land motor vehicle of under 3.5 tonnes authorised gross weight (cars, commercial vehicles or vans), hereinafter referred to as "Vehicle(s)".
- “Order Status” means the state of the Delivery Request at a particular time;
- “Payment Method”shall have the meaning set out in Clause 5.3;
- “Price” means the price paid by the Consumer and/or Recipient to the Retail Partner for our Service offered by the Retail Partner via Integrated APIs;
- “Recipient” means the individual or entity to whom the Collected Items are to be delivered as instructed by you;
- “Retail Partner” means an individual, sole trader, franchisor, company or corporate entity in which the products are sold to Consumers and offer our Service as a means of delivery;
- “Reward Fee” shall have the meaning set out in Clause 4 of the SC;
- "SC" refers to the special conditions of the Terms that apply to the Fleet Partners only (as set out in Schedule 2);
- “Service” shall have the meaning set out in Clause 1.1;
- “Service Level Agreement” shall mean the service level agreement set out in Schedule 1;
- “Store Dashboard” means a Website and/or Application whereby a Retail Partner can access and manage the Service provided by us;
- “Term” shall have the meaning set out in Clause 16.1;
- "User" means either the Retail Partner (and in this case the agent or representative of the said Retail Partner), Fleet Partner or the Consumer and/or Recipient;
- “you” shall mean the entity which enters into these Terms or on whose behalf these Terms are entered into;
- “VAT” means value added tax.