Alex is a mobile app that provides you with an easy way to get items delivered to your door. We will refer to our mobile app in these terms as Alex or our app. We have set out the terms and conditions for use of Alex below.
Please read these terms carefully. They give you important information about who we are, our app and service, and your obligations when using Alex.
- Alex provides a marketplace for point-to-point deliveries (which we refer to in these terms as our service). This means that we do not provide delivery, collection or other courier services ourselves. Instead, through our service, we introduce you to organisations or individuals who can provide the delivery or pick-up services you request through Alex. We refer to these organisations or individuals as runners. We do not employ any runners and your contract for delivery or pick-up services is with the relevant runner, and not with us. If you have a complaint about such services, please take this up with your runner directly.
- Alex also allows you to request a runner to purchase items from third party retailers on your behalf. Your contract in such circumstances is with the relevant retailer, and not with us. We have no affiliation or other relationship with such retailers and if you have an issue with an item that you purchase, you should refer to the retailer’s terms and conditions or their complaints process.
- Who we are
- About these terms
- Changes to our terms
- About our service
- Your privacy
- Your obligations
- Acceptable use
- Your rights and responsibilities
- Content on the app
- Our rights in our app
- Cancellation of your account
- Prices and payment
- Cancellation of a delivery or collection
- Availability of our app
- Our responsibility to you
- Other important terms
Who we are
We are [INSERT COMPANY NAME], a company incorporated and registered in [Scotland] with company number [◆]. Our registered office is at [INSERT COMPANY ADDRESS].
When we refer to “we”, “us” or “our” in these terms, we are referring to [INSERT COMPANY NAME].
About these terms
These are the terms which apply to all use of our service. Please read these terms carefully before you start to use our app. By registering to use our app, you are entering into a legal binding agreement with us based on these terms. These terms make up our “contract” with you.
If you do not agree to this contract, please refrain from using our app.
Changes to our terms
We reserve the right to amend these terms from time to time, and if that happens we will either email you to alert you to our new terms or notify you of the change via a popup message when you next use the app. Your continued use of our app will be deemed to be acceptance of any new terms.
We will not update these terms without notifying you.
About our service
Our app and our service connect you with runners that can provide the delivery or pick-up service that you need. Alex can facilitate delivery of almost anything and provides a clear and easy way to get in touch with runners. All you need to do is enter the pick-up location, drop-off location and the order that you are requesting in the message box. Our service will then match you with runners who can help.
You must comply with the terms of this contract, as set out in these terms.
- To qualify to use the service you must meet the following criteria, and accordingly you warrant that you:
- are aged 18 or over;
- have full authority to enter into this contract with us;
- are not currently restricted from using our app;
- will only use our app for your legitimate interests;
- shall not infringe our rights, including any intellectual property rights we may have in our app; and
- shall only submit information that you are entitled to submit, which is accurate and not confidential.
- You shall not permit others to use the “account” you create to use the app. You are responsible for anything that happens through your account until it is closed down, unless the account security has been compromised through no fault of your own. If you discover any unauthorised use of your account you must promptly let us know. We have the right to disable any user identification code, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
- You must comply with our Acceptable Use policy. This is detailed below.
- Indemnification is where one person compensates or reimburses another person for certain losses. You agree to indemnify us against all claims, loss, damage or costs which we incur as a result of your failure to comply with the terms of this contract.
- You must not store or transmit any material during your use of our app that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or offensive.
- You must not send or transmit any material which infringes any third party intellectual property rights.
- You must not create a false identity or submit inaccurate, false or misleading information.
- You must not request delivery or collection of any item that is dangerous and/or illegal.
- You must not transmit any unsolicited advertising such as spam or junk mail.
- You must not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- You must not attempt to gain unauthorised access to any server, computer or database connected to our app.
Your rights and responsibilities
On condition that you comply with your obligations under this contract, we grant you a limited, non-exclusive, non-transferable licence to access and use our service in accordance with these terms.
Content on the app
Please note that we do not actively monitor or moderate any data posted by you through your account. You are solely responsible for all the data you enter or upload using the app.
We have the right to remove any posting or other communication you make on our app or other content you upload via our app if, in our opinion, your post/content does not comply with the content standards set out in our Acceptable Use policy. We also reserve the right to suspend access to your account in such circumstances.
- Where our app contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
- Your experience using our app may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not present our views or values.
If you wish to complain about information and materials uploaded by other users, please contact us on [INSERT EMAIL ADDRESS].
Our rights in our app
We own or validly license all intellectual property rights in our app. Except to the extent set out in this contract, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights.
Cancellation of your account
To cancel your account, please contact us at [INSERT CONTACT DETAILS].
We reserve the right to suspend your access to your account or end our contract with you if you break it.
Prices and payment
Our app is free to download and there is no charge for creating an account. Your use of our service is free but we will take commission from the payment we take from you for your runner’s delivery costs.
When you set up your account you will be required to provide debit or credit card payment details (your payment card). We will charge your payment card when you use our app to request a runner’s services. The cost will cover:
- the runner’s delivery costs; and
- the cost of any item(s) that you request a runner to purchase on your behalf.
We will process payment once your item(s) have been delivered.
Cancellation of a delivery or collection
At your request
You may cancel a delivery or pick-up service you have arranged through our app at any time up until a runner has accepted your request. You will not be charged for such cancellation.
If a runner has accepted your request, but has not yet collected your item(s), you will be charged a cancellation fee of [INSERT DETAILS] if you wish to cancel.
It is not possible to cancel your request once a runner has already collected your item(s).
Your runner may cancel your delivery
You may not use our app or the services of a runner to purchase any items(s) which you are not entitled to purchase by law.
For example, you must be aged 18 or over to purchase alcoholic products and your runner may require you to provide proof of age in order to receive such item(s). If you are not, or you are not able to prove, that you are over 18 then your runner may refuse to deliver such products to you, and you will be charged a cancellation fee of [INSERT DETAILS].
It is also your responsibility to ensure that your runner may collect the item(s) detailed in your request. If the relevant retailer or third party does not permit your runner to pick-up such items on your behalf, then we reserve the right to charge a cancellation fee of [INSERT DETAILS].
Availability of the service
We will use commercially reasonable endeavours to make our service available 24 hours a day, seven days a week but from time to time we may require to carry out maintenance. If possible, we will try to give you advance notice of any maintenance.
We will do our best to respond to all support queries as soon as we can.
You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
Our responsibility to you
Our liability to you
We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- any matter for which it would be unlawful to exclude or restrict liability.
Limitation of our liability if you are a consumer
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both you and us at the time we entered into this contract.
The app is only supplied for your personal use, and not as a business tool. You agree not to use the app for any commercial, business or re-sale purpose and we are not liable to you for any business losses. Business losses includes any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our total liability to you in respect of all other losses shall not exceed the sum of £100 during the year in which the said liability arises.
Our liability to you if you are a business customer
We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract between us (as set out in these terms).
Our total liability to you for all other losses arising under or in connection with the contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £100.
If you cancel your account, or this contract is otherwise brought to an end, this section will remain in force.
Other important terms
Even if we delay in enforcing this contract, we can still enforce it later, and if we choose to waive any particular right we have under this contract on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of this contract is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. You are not entitled to transfer or assign your rights and obligations under this contract to anyone else without our prior written permission.
If there are any disputes arising out of your use of the site or the service, or otherwise relating to the contract, then these will be governed by Scots law and subject to the non-exclusive jurisdiction of the Scottish Courts.
Questions, comments and requests regarding these terms are welcomed and should be directed by email to [INSERT CONTACT DETAILS].