ON THE DOT TERMS
- 1 These terms apply to our provision of the ‘On the dot’ service to enable you to book deliveries on the Website.
- 2 These terms are split into 2 sections:
Part 1 – Key Definitions;
Part 2 - Service Terms
together, the "Ts&Cs
- 3 Please ensure that you read these Ts&Cs carefully
If you are uncertain as to your rights under these Ts&Cs or you want any explanation about them, please write to us at On the dot Technologies Limited, Ground Floor, RedCentral, 60 High St, Redhill, Surrey, RH1 1SH or email@example.com
or telephone us at 020 7880 1444. We may change the version of the Ts&Cs published on the Website from time to time and new versions will apply to all orders placed for delivery after the date that the new version has been published.
PART 1 – KEY definitions:
||an account unique to you containing the information specified in Condition 1 of Part 2, available Deliveries and Booking history.
||a booking for the delivery of an Item or multiple items placed by you with us via the Website, mobile or API.
|Data Protection Legislation
||data protection legislation in force from time to time in the United Kingdom. It shall include the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016/679 and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time in the UK and any successor legislation to this regulation applicable and in force from time to time.
||the 1 hour, 2 hour, 4 hour and/or same day delivery services made available by us from time to time as described in the Website (and Delivery Service shall mean the applicable delivery service ordered by you).
||a Booking of a Delivery Service to a single address or multiple addresses where a multiple Booking has been made.
||(a) firearms, munitions, inflammable items or other explosives, livestock or other animals, human remains, any obscene, defamatory, blasphemous, scandalous or other indecent material, any item (including, without limitation, drugs or other illegal substances) which is prohibited or illegal to possess or import into any country through or into which the carriage of the Item is to take place; and
(b) precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, prescription drugs, fragile and perishable goods, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes and any other goods which we may in our reasonable discretion deem to be valuable; and
(c) dangerous goods as defined in the Carriage of Dangerous Items by Road Regulations 1996 (as amended); and
(d) any other item for which we would not reasonably be expected to have appropriate storage facilities, equipment or licences to enable us to deliver the Item.
||goods or property, whether or not contained in separate parcels, packages, containers or envelopes including any paper and documents, to be delivered by us for you.
||has the meaning set out in clause 3.
||has the meaning given to it in the Data Protection Legislation.
|Unforeseen Event/Customer Risk
||any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or failure of public or private telecommunications networks, Internet or power failure, inclement weather, road accidents, vehicle breakdown, major unexpected traffic, major unexpected road works, malicious damage, insufficient or improper/incorrect packing, labelling or addressing, the Item is not available for collection or delivery, the recipient or supplier is not available or does not permit us to deliver or collect the Item for any reason, the Booking contains incorrect or incomplete information, the Item does not comply with the Item Restrictions or the Item does not match the description set out in the order or any of your acts/omissions.
||On the Dot Technologies Limited. Our registered office is Ground Floor, RedCentral, 60 High St, Redhill, Surrey, RH1 1SH, our telephone number is 020 7880 1444, our VAT number is 997 3273 64 and our email address is firstname.lastname@example.org.
||an online tool owned or operated by us and accessible at the following weblink: www.onthedot.com
||the person who uses the Website and/or places orders for Delivery Service through the Website. Where the individual placing the order and/or establishing an Account is acting on behalf of a company or other entity then reference to ‘you/your’ shall include reference to that entity.
PART 2 - SERVICE TERMS
- OPENING AN ACCOUNT
- 1 You will need to open an Account to purchase any type of Delivery Service.
- 2 If you are an individual then to be eligible for an Account, you must be 18 years old or over and resident in the UK. You will need to provide your full name, email address, mobile telephone number, and a password. If you are acting on behalf of a company or other organisation then you shall ensure that you are and remain authorised to act on their behalf.
- 3 You:
- must ensure that the details that you provide when you open the Account are accurate, current and complete in all respects. Please let us know if there are any updates to these details by updating your Account on the Website or by contacting us at email@example.com;
- are responsible for maintaining the confidentiality of your Account details, including your validation code and password, and you must not under any circumstances share them with any other person; and
- are responsible for all activity and use of the Website under your Account.
- 4 We will send you a validation code to the mobile number provided on opening of the Account. You must enter the validation code on the Website to activate your Account.
- BOOKING DELIVERIES
- 1 If you wish to book a Delivery, you shall:
- submit a Booking on/through the Website, mobile app or API specifying:
- a short description of the Item to be collected;
- your name;
- your customer reference
- (if not already provided) full collection location address and opening hours;
- (if not already provided) date for delivery and a preferred Delivery Service as listed above.
- full delivery location address and a name of a contact person at the delivery location and their telephone number;
- any other collection instructions or delivery instructions;
- any promotional code;
- ensure that the person that we will be collecting the delivery from on your behalf is aware that we will be doing this and that they release the Item to us; and
- if the recipient is not you, ensure that the recipient is aware that a delivery will be made and that the recipient will accept the Item.
- 2 Each proposed Booking that you submit is an offer to us which is subject to our acceptance. If we accept your Booking, we will send you an email confirming such acceptance, at which point a legally binding contract between us for the purchase of the Delivery Service concerned is automatically created, the price will be charged to your credit or debit card (as applicable) and the Delivery Service will be noted in your Account. We reserve the right to accept or reject Bookings in our discretion at any time.
- ITEM RESTRICTIONS
- 1 You must ensure that:
- the Item matches the description given to us and is not an Excluded Item. You accept that we may open and examine any Item that we reasonably consider to be a security or health and safety risk and to take, in our reasonable discretion, appropriate action thereafter;
- the Item is available for collection, secure, properly packed and labelled and is fit and safe to be carried, stored and transported by road on the date of delivery. We will collect the Item on the same date as the date of delivery specified in the Booking, unless otherwise agreed with you;
- the Item does not exceed 20kg; and
- the Item is not larger than 1.2m x 1.0m x 1.0m
(together the “Item Restrictions
- 2 If any Item fails to comply with the above Item Restrictions then we reserve the right to terminate the Booking without liability and to recover from you any losses, costs and expenses we may incur as a result of the failure.
- CHARGES & PAYMENT
Payment will be made by credit card in advance at our published terms plus VAT where applicable.
- CANCELLING DELIVERIES
- 1 You have a right to cancel your Delivery any time before pick-up.
- 2 To exercise the right to cancel you simply use the cancel facility provided on the platform
- 1 You shall give such notices and obtain such consents as may be necessary to enable us to lawfully process any Personal Data (which may include delivery and contact information) provided by you to us to enable us to exercise our rights and perform our obligations in relation to a Booking.
- 2 You and we acknowledge that:
- we are a controller in relation to any delivery and contact information provided by you to us. We shall process this information in accordance with applicable Data Protection Legislation (save for any failure caused by a breach of your obligations); and
- we do not have any access to (and do not process) the contents of any Item. Accordingly: (i) we are neither a controller nor a processor of any Personal Data forming part of the contents of any Item; and (ii) it is your responsibility to determine whether the services provided by us are appropriate for the transfer of any data (including Personal Data) included in an Item.
- 3 You shall indemnify us against all losses (including but not limited to liabilities, costs, expenses, damages and fines) suffered or incurred by us arising out of or in connection with the provision of the services, to the extent that such losses arise out of or in connection with your failure to select appropriate services for the transfer of any data (including Personal Data) included in any Item.
- LIMITATION OF LIABILITY
- 1. Subject to clause 7.2 and except for our liability for fraud, for personal injury or death arising from our negligence or for any other liability which cannot be excluded or limited by law: a) our total aggregate liability to you arising out of or in connection with the Delivery Services and/or these terms in relation to any Item is as set out in the table below:
|Value of Item
||Maximum Total Liability of us in respect of Item
|Less than £100
|More than £100 but less than £1,000
||Such amount as we may agree in writing with you at the time of Booking. If we do not agree any other amount with you at time of Booking our maximum total liability will be £1,000
- our sole liability to you arising out of or in connection with any delays in or failure to provide Delivery Services shall be a pro-rata reduction in the charges payable for the Delivery Services concerned to reflect the reduced value of that Delivery Service;
- our sole liability to you arising out of or in connection with any damage to or loss of any Item shall be limited to a claim for the resulting reduction in the value of the Item concerned (subject to the overall cap on liability described above); and
- we shall not be liable to you for any direct or indirect:
- loss of profit, revenue, business or goodwill;
- failure to achieve anticipated savings;
- losses arising in connection with any business interruption or increased costs of operating or any third party claims or other payments to third parties as a result of any delays in or failure to provide Delivery Services or any loss of or damage to any Item; or
- loss of data or information
or for any indirect or consequential losses of whatever nature arising out of or in connection with the Delivery Services and/or these terms.
For the avoidance of doubt these exclusions and limits apply to liability for breach of contract, negligence or to any other liability.
To be clear, this clause 7.2 (and the rights described in it) do not apply if you are not a consumer customer and if you are a consumer customer then we shall not be liable to you for any business losses.
- 2 If you are a consumer customer, then:
- the Consumer Rights Act 2015 requires us to provide our services to you under these Ts&Cs with reasonable care and skill;
- the Consumer Rights Act 2015 also gives you some additional rights if we fail to perform our obligations in accordance with these Ts&Cs (unless the failure is caused by matters beyond our control). In some circumstances this may include a right to require defective services to be re-performed or a right to a price reduction in relation to the defective services. Your rights under these Ts&Cs are in addition to your rights under the Consumer Rights Act 2015 and are not intended to exclude them. Further information about these rights can be found at your local Citizens Advice Bureau or Trading Standard Office; and
- the caps and exclusions on liability contained in clause 7.1 do not apply to any breach of this obligation or any other liability which cannot be excluded under the Consumer Rights Act 2015.
- 3 You shall indemnify (i.e. compensate) us for:
(a) all loss suffered or incurred by us as a result of any breach by you of these Ts&Cs or fraud by you; and
(b) all loss suffered or incurred by us resulting from loss of or damage to property caused by any Excluded Items.
- LATE OR NON DELIVERY (OUR FAULT)
- 1 If we are unable to deliver the Item in accordance with the Booking and this is not due to an Unforeseen Event/Customer Risk, then we will notify you of this by email or phone and we will do our best to deliver the Item to you on the same day as the original delivery date. If re-delivery on the same day is not possible or practical, we will store the Item at no cost to you. In any case, you will receive a voucher code entitling you to book an extra Delivery free of charge. The voucher code must be used within 6 months of the date of the failed Delivery. This will be your only financial remedy for late or non-delivery due to our fault (except in the case of late or non-delivery due to loss of the Item). This does not affect any other rights or remedies which you may have for any other failure or any rights to cancel.
- 2 If you think that we have lost or damaged an Item, you should provide to us written proof of the value of the Item damaged or lost. If the Item is damaged, we shall be entitled to inspect the damaged Item on request to check the damage.
- LATE OR NON DELIVERY (NOT OUR FAULT)
- 1 We will use reasonable efforts to deliver the Item in accordance with the Booking but we will not be responsible for any non-delivery or late delivery or other failure due to any Unforeseen Event/Customer Risk.
- 2 If we are unable to deliver the Item in accordance with the Booking and this is due to an Unforeseen Event/Customer Risk, then we will notify you of this by email or phone and we will try to deliver the Item on the same day as the original delivery date and you will be charged for a single Delivery. If re-delivery in the same day is not possible or practical, we will store the item for up to 7 days from the date of our notice of delivery and if you contact us to arrange re-delivery to take place within such 7 day period, we will carry out the delivery and agree charges at the time.
- 3 If you fail to contact us to rearrange re-delivery to take place with such 7 day period, the title to the Item shall transfer to us and we may destroy or sell the Item as if we were the absolute owner. If we sell the Item to a third party, we shall us reasonable endeavours to obtain a reasonable price for the Items and shall apply the proceeds of sale to the payment of our proper expenses and charges suffered or incurred in relation to the Item. Any proceeds left over shall be paid to you. Where the proceeds of sale do not meet or exceed the total value of our expenses and charges, we shall charge you (and you shall pay us) a sum equal to the shortfall.
- UNFORSEEN EVENTS/CUSTOMER RISKS
- 1 We will make every effort to comply with these Ts&Cs but we will not be liable or responsible for any failure or delay due to your acts or omissions or the acts or omissions of anyone who is to provide or take delivery of the Item or any failure to package and/or label the Item correctly or the natural deterioration or fragility of the Item (notwithstanding that it may be marked “Fragile”) or any other Unforeseen Event/Customer Risk.
- 2 If an Unforeseen Event/Customer Risk takes place that affects us:
- we will contact you as soon as reasonably possible;
- our contractual obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Unforeseen Event/Customer Risk; and
- the Delivery will be cancelled if the Unforeseen Event/Customer Risk subsists for a period exceeding one (1) calendar month, unless otherwise agreed with you.
- OTHER IMPORTANT CONDITIONS
- 1 These Ts&Cs (and each Booking) are the entire agreement between you and us in relation to the On the dot service. We will not be responsible for any other statements to you unless we have deliberately lied to you.
- 2 No changes to these Ts&Cs will be valid unless we expressly agree them with you.
- 3 You may not assign, sub-contract or otherwise transfer any of our rights or obligations under the Ts&Cs to any third party without our prior written consent (which we will not unreasonably withheld). We may subcontract our obligations to any reputable third party. We may assign any of our rights or obligations under these Ts&Cs, in whole or in part, to any existing or future entity associated with us or in the event of a merger, acquisition, divestiture, consolidation or corporate reorganisation.
- 4 If any part of these Ts&Cs is held by law to be unenforceable, that part shall be deleted and the other Ts&Cs will not be affected.
- 5 A person who is not a party to a Contract between you and us has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of that Contract.
- 6 These Ts&Cs (and all non-contractual obligations) shall be governed by English law and all disputes arising out of or in connection with them (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Version: 24 July 2018