The Quiqup app is a mobile platform that enables users (“you”, and “your”) to get items delivered from and to most locations within London. The app and the service it provides (“Service”) to connect users like you to Carriers (as defined in section 2 below) is provided by Quiqup Limited (“we”, “us” and “our”), company number 08903058 whose place of business is at Unit 0.2, Chandelier Building, 8 Scrubs Lane, London, NW10 6RB (email email@example.com ).
If you want to use the Service, you must first create a user account. By creating a user 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 a user account or use the Service. To create a user 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.
IMPORTANT – PLEASE NOTE: 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 third party courier, vehicle operator or logistics provider you engage via the Service (defined for the purpose of these Terms as the “Carrier “) to perform any courier services you order via the Service. We provide information and enable you to book those third party courier services, but we do not provide courier services ourselves or act in any way as a courier. Therefore, we have no responsibility for anything that is done, or not done, by a Carrier unless expressly set out in these Terms.
We accept payment by debit or credit cards from Visa, MasterCard or American Express. We do not accept payment by pre-paid cards.
The majority of your payment is for the benefit of the relevant Carrier, and we only take a small commission to cover the service we provide in facilitating your booking.
The amount you will pay for your booking will comprise: (a) the actual price (if any) paid by the Carrier on your behalf for the item (“Collected Item”) you have requested them to collect; (b) a handling fee equal to 9.0% of the price of the Collected Item(s); and (c) a fixed delivery fee as notified to you via the Service.
We may require you to provide us with a photograph of your identification (such as your passport or driver’s license) and of your payment card (with only the last 4 digits showing) before your order can be confirmed. We will only ask you to do this if: (a) the total value of your order is over £100 and you have placed less than 10 orders with us in the past; or (b) your delivery address does not match the billing address for your payment card. This is to ensure that you are the owner of the payment card which you are using to pay for the order. We make these checks for your security and the security of all our customers. We will keep a record that checks were made and delete such information from our systems within 24 hours.
We may, from time to time, provide you with a promotional code which can be used on an order placed with us. You may only use one promotional code on each order placed with us.
A promotional code is only valid for one use. You may not register multiple accounts with us in order to use the promotional code more than once. If we discover that you have done this, we will charge you the full value of all orders placed by you for which the promotional code was not valid.
A promotional code may entitle you to a credit which can be applied against an order placed with us. Such credit may only be used on one order and cannot be applied across multiple orders. If you choose to apply your credit to an order with a total value which is less than the amount of the credit, the unused portion of the credit will be lost.
Additional terms and conditions may apply to the use of promotional codes. We will let you know what these are when we provide you with the promotional code.
6. Collected Items
The contract of sale in relation to your Collected Item is made between you and the restaurant, shop or other third party provider from whom you have requested the Collected Items (“Retailer”) and not with us or the Carrier. You should address any queries relating to a Collected Item to the Retailer.
You agree that we or the Carrier will, on your behalf, pay the price charged by the relevant Retailer for your Collected Item. The payment price for your Collected Item will then be charged to your payment card as explained in section 4 above.
You may not use the Service to transport Collected Items with a value of more than £ 1,000.00.
When you have submitted your booking request, you will be notified when a Carrier has been allocated and at other key stages as they carry out your request.
8. Your Cancellation Rights
Consumers have the right to cancel incomplete orders for the Service within 14 days from the date on which the order was placed, without giving any reason (subject to the following paragraphs concerning how to cancel and cancellation fees). Consumers may also have a separate right to cancel their contract for the Collected Items with the Retailer. For more information on your rights as a consumer under law, please contact the Citizens’ Advice Bureau, trading standards office or other similar organisation.
You acknowledge that, by placing an order for the Service, you are requesting the Service to be provided to you in accordance with the timeframe notified to you via the Service (and, if no timeframe is notified, as soon as reasonably possible). You acknowledge that, once the Service has been completed, you will lose your right to cancel your order for the Service.
9. How to Cancel Your Order
In order to cancel your order for the Service, you must inform us of your decision to cancel by contacting us at firstname.lastname@example.org or on 02033089943. If contacting us by email, you may use the model cancellation form which is attached at the end of these terms and conditions. If you use email, we will send you an acknowledgement of receipt by email. To meet the cancellation deadline, you must inform us of your decision to cancel your order for the Service before the 14-day cancellation period has expired.
10. Cancellation Fees
If you cancel your order, you may be required to pay us a cancellation fee in relation to the Service.
Cancellation fee for the Service
A. If you cancel prior to a Carrier being assigned to your order – You will not be charged a cancellation fee in relation to the Service.
B. If you cancel after a Carrier has been assigned to your order but before the Carrier has collected the Collected Items – You will be required to pay the delivery fee notified to you via the Service.
C. If you cancel after the Carrier has collected the Collected Items – You will be required to pay the delivery fee and the handling fee notified to you via the Service.
Cancellation fee for the Collected Items
A. If you cancel prior to your order being placed for the Collected Items – You will not be charged a cancellation fee in relation to the Collected Items.
B. If you cancel after your order for the Collected Items has been placed – If an order has been placed with the Retailer for the Collected Items, a contract will have been formed between you and the Retailer for the purchase of those Collected Items. We are not a party to this contact and it is not our decision whether cancellation applies. It will therefore be up to the Retailer to assess whether you have a right to cancel your order for the Collected Items. Although the Retailer cannot override your rights as a consumer at law, in some circumstances, such as the purchase of goods which deteriorate or expire rapidly, cancellation rights do not apply.
While we have no control over the Retailer’s decision in relation to cancellation of an order for Collected Items, we will work with you in the following ways to help with the cancellation process:
i. If the Carrier has not yet picked up the Collected Items – The Carrier will contact the Retailer and let them know that you would like to cancel your order for the Collected Items. If the Retailer accepts the cancellation, we will refund to you any amounts charged to your card in respect of the Collected Items (less any cancellation fees charged by the Retailer). If the Retailer does not accept the cancellation, the Carrier will contact you and let you know. In these circumstances, we will have to charge you the full amount for the Collected Items. You may therefore wish to continue with the Service (rather than cancelling it) so that the Collected Items can be delivered to your chosen delivery address (rather than being retained by the Retailer). If you disagree with the Retailer’s decision, or wish to make a complaint to the Retailer, you should contact the Retailer directly.
ii. If the Carrier has already picked up your Collected Items – As the Carrier will already be on their way to you, the Carrier will not have an opportunity to contact the Retailer and let them know you that would like to cancel your order for the Collected Items. The Carrier will therefore complete delivery of the Collected Items to your chosen delivery address and you will be charged the full amount for the Collected Items. If you wish to cancel your order for the Collected Items after they have been delivered by the Carrier, you should contact the Retailer directly, whose responsibility it is to advise you of your cancellation rights and how to arrange for collection or delivery of returned items.
Please let us know if you would like us to provide you with contact details for the Retailer.
11. Our Cancellation Rights
We may cancel your order where the Carrier is unable to collect the Collected Items from the Retailer (for example, where the Retailer is unavailable to hand over the Collected Items or where the Retailer does not have the Collected Items in stock). If we have to cancel your order in such circumstances, we will notify you and refund to you any amounts charged to your payment card in respect of such order.
12. Delivery Address
The Carrier will always attempt to deliver the Collected Items to you at your chosen delivery address, unless you have informed us or the Carrier that you would like alternative delivery arrangements, such as leaving the Collected Items with a porter or receptionist. In these circumstances, the Carrier will inform you by text message or telephone that your order has been successfully delivered in accordance with your delivery instructions.
13. If You Are Unavailable
If the Carrier is unable to contact you within 15 minutes of arrival at your delivery address, and you have not made alternative delivery arrangements in accordance with section 12 above, we may cancel your order and the Carrier will be entitled to leave your delivery address without completing delivery of your order. In such circumstances, the Carrier will attempt to return your Collected Items to the Retailer, unless your Collected Items are perishable, such as food. If the Retailer accepts a return of your Collected Items, you will be charged the delivery fee and a return fee. If the Retailer does not accept a return of your Collected Items, you will be charged the full value of your order, including the delivery fee, plus a return fee. The return fee will be the same amount as the delivery fee for your order. If your Collected Items are perishable, the Carrier will not attempt to return them to the Retailer and you will be charged the full value of your order, including the delivery fee.
14. Your Use of the Service
We (or our licensors) retain ownership of the Service and its associated intellectual property. 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.
A. 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;
B. 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 Carriers);
C. to comply with any terms of service that apply between you and the Carrier that transports your item (as may be notified to you);
D. 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;
E. to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms;
F. 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; and
G. not to allow any other person to use or access your account.
We may terminate these Terms and close your account any time without notice if we cease to provide the Service in your area.
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 these Terms.
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.
You may stop using the Service at any time.
16. Our Legal Obligations
Nothing in these Terms excludes or limits our or your liability for death or personal injury caused by our negligence or for fraud or fraudulent misstatement.
Whilst we will always strive to provide you with a service you’ll love, our lawyers have asked us to remind you that we are not responsible for:
A. losses, damage, costs or expenses not caused by our breach of these terms;
B. the behaviour, actions or omissions of any Carrier you may use (see also “Disclaimer” in section 2 above);
C. the quality or fitness for purpose of any Collected Item (see also “Collected Items” in section 6 above);
D. the actions or omissions of other users of the Service;
E. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or
F. any harm, loss or damage suffered by you or anyone else 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).
For any loss or damage suffered by you or anyone else that may arise from use of the Service and which is not otherwise excluded under this section 16, our liability is limited to £100.
17. Technical Limitations
We do our best to provide a service you’ll enjoy, but the Service is provided without express or implied warranty or condition of any kind, on an “as-is” basis.
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.
Taking this into account, 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 to 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.
18. Third party services
The Service enables you to order courier services that are provided by a third party Carrier. The terms applicable to use of that third party Carrier’s service will apply and we will not be responsible for anything that is done or not done by you or the Carrier in connection with your use of their service.
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 Carriers).
We do take reasonable measures to verify the quality of the Carriers, such as conducting interviews, obtaining proof of identification and address. We are willing to listen and, if we deem it appropriate, take action in relation to any feedback you may have in relation to a Carrier.
19. Contacting Us
If you need to contact us, please email us at email@example.com, call us on 02033089943 write to us at Unit 0.2, Chandelier Building, 8 Scrubs Lane, London, NW10 6RB. For any Carrier-specific queries, please contact the Carrier in the first instance.
Any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of England and Wales. If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales.
21. Other Important Legal Terms
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. We will only do this if it does not affect your rights under these Terms. Please note that you may terminate your agreement with us at any time. You may not transfer your rights or obligations under these Terms to anyone else.
If you breach these Terms and we take no action against you, we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.
These Terms are not intended to give rights to anyone except you and us.
Except as otherwise expressly stated, these Terms contain the entire agreement between us and you relating to use of the Service and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to use of the Service.