Terms & Conditions

Please note that by using our services you automatically agree to the Terms and Conditions as stated below.

DEFINITIONS

“Send Out Today/ Send Out” means Send Out Limited a company registered in England and Wales with company number 12670635.

“Web Site” means www.sendouttoday.com.

“Online Booking System” means Send Out online booking system

“Online Database” means Send Out online database

“Online grocery delivery” means the services provided by the delivery man/woman under the terms outlined through Send Out Ltd.

“Fees” means the Booking Fee.

“Independent contractor” The individual carrying out the shopping and delivery on behalf of Send Out

“Card payment” means the payments charged, to the clients card for using the service fully described on the Web Site.

“Goods” means the groceries items/ products that the customer has ordered through Send Out.

“Sub-contractor” Delivery person (man/ woman)

“Client” Customer using Send Out service

“Entire Agreement”

The Parties confirm that these terms and conditions represent the entire understanding and constitute the whole agreement of the parties in relation to its subject matter and supersedes any previous agreement between the parties with respect to such subject matter.

(A)“Governing Law”

0.1 These terms and conditions will be governed by and construed in accordance with English law.

0.2 Each party irrevocably agrees that the Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms and conditions and any matter arising from them.

1. “Introduction”

1.1 Send Out will only carry out services under the following terms and conditions, which are legally binding for all parties involved.

1.2 Send Out is an Online- groceries/ logistics agent and does not employ the delivery men/women booked by you, they are self employed sub contractors.

1.3 Send Out will accept no liability for any form of accident, claim, loss, injury, costs, charges, expenses, action or demand at all that under any authority that may come of or be in any way connected with the services provided ( including the introduction, any consequent appointments/ arrangements and the provision of any services.)

2.”Bookings”

2.1 The Client agrees to pay the relevant Booking/ Delivery Fee to Send Out that is outlined in the fees section of the Send Out website.

2,2 The relevant Booking/ Delivery Fees will be charged to your chosen debit or credit card each time a booking is made by you.

2.3 The Booking Fee will be processed through a secure Paypal/ Stripe online payment processing platform.

3.“Cancellations”

3.1 If the client chooses to cancel their order then the cancellation notification must be sent within five minutes of booking through our online form.

3.2 When the Cancellation is selected no refund will be given for the booking/ delivery fee.

3.3 When the cancellation is selected the goods will no longer be shopped the client will not be required to pay for any goods selected in the order.

4. “Payment terms”

4.1 Once the client chooses to make their order he/she agrees to accept their debit or credit card details will be kept and charged with the final payment for the total of the goods automatically.

4.2 The payment for the clients goods will be charged to the client’s nominated debit or credit card after goods have been shopped. Only upon receipt of this payment to Send out will the items then be delivered.

4.3 “Changes to Payment Terms”

(A) Send Out continues to have the right to change payment fees and/ or terms on which the payment fees are to be paid at its own discretion.

5.“Confidentiality”

5.1 Each party agrees to the other that any information received or sent to either party, is treated as confidential information: no matter what form/ medium it is in, is to be treated as ‘confidential’ (whether marked or stated as confidential or not).

5.2 The recipient can share or disclose confidential information of the disclosing party if they are required to do so by law or by any capable governing authority. If this should happen the recipient should give good notice (in writing) to the disclosing party (so long as this is lawful and reasonably practical to do so) that this will be done so they can carry out any actions necessary by legal means (if necessary).

5.3 Send Out will be required to share the Client’s personal information, including name and address to the delivery sub-contractor for the purposes of delivering the clients good.

(A) If Send Out has their assets taken over by a third party then the personal data held about the clients will be one of the assets transferred.

(B) If Send Out sells or buys any business or assets, then Send Out may disclose the Client’s personal data to the prospective seller or buyer of the business or assets;

(C) In addition this would apply if/ when Send Out has a duty to share or disclose Send Out personal data in order to abide by any legalities, or in order to enforce or apply the terms and conditions and other agreements; or to protect any of the rights property, or safety of Send Out, their sub- contractors its customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

6. “Liability”

6.1 Send Out reviews two professional references that have been given by the sub-contractors and where they drive a motor vehicle a license and vehicle insurance is checked.

6.2 It is the sub-contractor’s responsibility to obtain insurance ‘for business purposes’.

6.3 Send Out Ltd accepts no liability for any damages caused to the sub-contractors property or any injury sustained that may have arisen through carrying out any routine activities.

6.4 The deliverer and customer acknowledges that the deliverer is an independent contractor.

6.5 The client acknowledges that the decision to employ Send Out is entirely their own responsibility and own doing.

6.6 Send Out does complete a screening and vetting process in order to ensure groceries deliverers are highly skilled, qualified and competent to carry out their roles, however, at the same time gives no full assurance, portrayal or responsibility over the history, character, age, experience, capability, suitability, honesty or immigration status of any groceries deliverers nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the groceries deliverers.

6.7 The client acknowledges possible risks involved in using a the service and therefore waives all rights to any claim for damages from, and relieve, release, and discharge any and all of Send Out and anyone involved in creating, producing or distributing the Send Out service or any information relating to Send Out from any claim for damages

6.8 Send Out accepts no liability at all for any misrepresentation, loss, injury, damage, claims, loss of life, expenses of any kind that may occur through any service provided by Send Out.

6.9 Send Out will take no liability for any loss or damages at all (including but not limited to loss of business, opportunity, data, profits), which occur directly, indirectly or as a consequence of using the website or the service provided by Send Out.

7.0 In the event that the customer breaches any of these terms and conditions the customer agrees to compensate and hold Send Out harmless from and against this. The client also agrees to this regarding any claim or demand brought against Send Out by any third party that occurs through the clients use of the web site and service provided by Send Out, including but not limited to all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) that may be suffered or experienced by Send Out as a result of the clients breach of these terms and conditions.

7.1 Under no circumstances should Send Out’s full liability to the client, whether this be in regards to goods or services and whether based on negligence, breach of contract, misrepresentation or anything else, exceed the fees paid by the client.

7.2 The customer accepting the order at the allocated delivery address must be 18 or over, therefore if the individual appears to be under 18 the deliverer has the right to refuse to leave goods if the individual can not prove they’re 18 or over.

8.“Termination”

8.1 Send Out can terminate this agreement, if necessary, at any time, without notice, for any reason, including and not limited to breach of these terms and conditions.

8.2 Send Out also reserves the right to discontinue the website or any part of it as well as the provision of its services without giving due notice and will not be held liable to the client or any third party for any losses that come as a result of a termination.

8.3 The client acknowledges that the service provided is processed through Send Out and that they agree to pay any booking/ delivery fees and payments, which are payable by the client to Send Out as is set out in (B) (Payment to Send Out)

8.4 The client acknowledges and accepts that it will only make arrangements for the services provided through Send Out and pay all associated fees/ payments. The client accepts that they must not arrange any services provided directly with the independent contractor.

If Send Out were to be made aware that the client and the independent contractor have arranged for the provision of services and excluded Send Out and/ or if they failed to pay the relevant fee then Send Out reserves the right to;

(A) obtain payment in arrears from the Client of any unpaid payments;

(B) terminate this agreement; and/or

(C) remove the independent contractor from its database.

9. Refunds”

9.1 The client accepts and acknowledges that ‘delivery time of 30 minutes’ refers to 30 minutes from the time of the groceries being shopped and paid for.

9.2 In the event that the deliverer arrives later than 30 minutes the client acknowledges that every care is taken to keep to 30 minute delivery time, however there are occasions that through no fault of Send Out this time period can not always be fulfilled, and that the client accepts he/she will not receive monetary compensation, refund or payment for such a situation.

Send Out reserves the right to extend an offer of good will at its own discretion for incidents of this nature.

5.2 If Send Out for some reason or another is unable to fulfil an order it will refund the Booking Fee.

(B) Payment to Send Out

1.1 £28.99 per booking/ delivery fee (non refundable)

1.2 Payment/ charge of groceries will depend entirely on the client’s selection of groceries/ what is in stock and the total amount for this.