Terms and Conditions – our contract with you
- You must register on the Swishd App prior to making a send an item or deliver an item request
- In order to complete the online registration process, you must provide us with the following information which must be accurate
- Your full name
- An operational mobile telephone number and monitored email address
You are encouraged to add Facebook, LinkedIn and photo ID verifications to add to the element of trust within our community.
- If your registration is successful, we will send your account confirmation details via your registered email address.
- Once your account is active you may make a request to send an item or deliver an item for a member of the Swishd Community.
- If the information you have provided us with in registration is false, fraudulent or incorrect, you will be prohibited from using the Service. We reserve the right to delay or suspend your registration until such time as you provide us with valid details (by contacting us at email@example.com).
- By providing us with your card details you authorise us to take the agreed payment from you in accordance with these Terms. All payments are processed securely through Paybase a 3rd party payments processor which is Level 1 PCI compliant. Find the Paybase E-money terms here. For the avoidance of doubt, Swishd does not handle or store your payment details.
Upon the Sender accepting an offer from the Deliverer to deliver the listed item, a contract is formed between the Sender and the Deliverer. Neither Swishd nor any other parties involved, including but not limited to, parties arranging the connection, organising the payment, collection or otherwise, are liable or in any way responsible for the item. All disputes, complaints, chargebacks and any other issues are the sole responsibility of the Deliverer and the Sender. While Swishd reserves the right to get involved where we see fit, we accept no responsibility or liability to do so.
- You will be charged the agreed price determined by the Sender / Deliverer upon accepting a job. The price set is inclusive of VAT for every individual Parcel delivered. The price will automatically be taken from your account wallet once the job is requested and upon acceptance of a Deliverer.
- If we are unable to process a card payment from you for any reason, we will contact you and you must arrange payment by another means. We shall be entitled to take immediate payment from your account for historic deliveries as soon as your payment method has been updated.
- We reserve the right at our absolute discretion to vary the Price of the advertised suggested price on the Swishd app.
- In the event of a dispute regarding an item or the quality in which it is received, we may withhold payment from all parties until it is resolved.
- Minimum withdrawal amount from the Swishd wallet is set at £15 (as of January 2020).
- Deliverers’ wallets will be credited within 3 working days of the item being received.
- We reserve the right to refuse a request. A contract is only valid upon our acceptance and receipt of money.
- Drop Points are credited any account balances, minus our standard withdrawal fee (currently January 2020, 50p), every 30 days. Drop Points may receive a full itemised account balance at any point by sending an email to firstname.lastname@example.org.
- In the event that a refund is agreed to be paid to you as a Sender, if your wallet was used for payment, the amount will be credited to your wallet within 3 working days. From the wallet, you can withdraw your money, minus our standard withdrawal fee (currently January 2020, 50p).
- If you have paid for a service via credit card, refunds will be processed internally within 3 working days, however, you should allow a further 14 days for the credit card company to make the full process.
- You can cancel the Service as a Sender up to but no less than 24 hours before the agreed pick-up time with the Deliverer. Should your item already be out for delivery we will continue to collect payment on behalf of the Deliverer at the price as agreed between both the Sender and the Deliverer.
- You can cancel the Service as a Deliverer up to but no less than 24 hours before the agreed pick-up time with the Sender. Should you cancel picking up an item as a Deliverer then you will receive no payment. If this happens more than twice then we reserve the right to remove you from the Swishd platform.
- In the event that the Deliverer cancels picking up an item, we will do our best endeavours to find a replacement Deliverer for the Sender as quickly as possible.
- When making a Sending Request you must:
- Not arrange the delivery of any goods that contain or comprise Prohibited Articles as defined in Clause 6.1 below;
- Specify the delivery address of your item
- Ensure that your Unique Reference number ID appears after your surname on any order;
- Not arrange for the delivery of any goods that incur either excess and/or duty charges payable on delivery;
- Not provide instructions to leave the Parcel outside / or with a neighbour in the event that a delivery is attempted outside the agreed timeframe / designated day.
- When your item is delivered, we will send you an email (a “Delivery Confirmation Notice”) informing you that your item has been delivered and providing you with a unique reference number (“Collection Code”).
- On receipt of the Delivery Confirmation Notice you must collect your Parcel from the specified Collect Point within the time period stated in the Delivery Confirmation Notice. This will usually be 14 days although the time periods within which items must be collected may vary according to the size of the items, the Drop Point that you have selected and the month in which the item is delivered.
- When collecting your item, you must provide the Drop Point with:
- A picture of the item to be collected, from your Swishd application
- Proof of your identity (namely a valid passport, driving licence or bank card).
- If you are unable to fulfil either of these requirements, the Drop Point will refuse to give you your Parcel unless and until you can fulfil the requirements. In such circumstances, the Drop Point will continue to hold your Parcel until the expiry of the period set out in the Delivery Confirmation Notices
- If someone else is collecting an item on your behalf, they will need to provide the Drop Point with:
- A picture of the item to be collected, from your Swishd application
- Proof of your identity (namely a valid passport, driving licence or bank card).
- If they are unable to fulfil either of these requirements, the Drop Point will refuse to give them your item unless and until they can fulfil the requirements. In such circumstances, the Drop Point will continue to hold your item until the expiry of the period set out in the Delivery Confirmation Notice.
- If you fail to collect the Parcel within the period set out in the Delivery Confirmation Notice we reserve the right in our absolute discretion at any time thereafter either to:
- Return the item to the sender at your cost (such cost, which shall include the cost of returning the item plus a £10 administration fee, will be taken from your Customer Account prior to return); or
Store the Parcel otherwise than at the Drop Point
- If we return your item in accordance with Clause 4.6(a) above, we will notify you by email.
- If we store your item in accordance with Clause 4.6(b) above, we will notify you by email. We will invite you to contact us to arrange collection of your item by a specific date and will inform you what we will do with the item if you do not collect the item by that date. This may include giving the item to charity.
Supply of the service
- We shall supply the Service to you using reasonable care and skill.
- We have absolute discretion as to the procedure to be followed in the handling and storage of Parcels delivered to Drop Points
- We reserve the right to reject delivery of an item at a Drop Point if:
- You are not a registered Customer;
Your name and/or Swishd Unique Reference Number are not clearly identifiable on the item; and/or
c. The item :
(i) Weighs more than 20 kilograms;
(ii) Exceeds 70cm x 70cm x 70cm in dimension;
(iv) Appears to and/or contains Prohibited Articles;
(v) Appears to be damaged; and/or
- You (or anyone that is asked to collect your item on your behalf) are rude or aggressive towards the Drop Point or Swishd staff.
- If we reject delivery of an item:
- You will be notified by whichever deliverer collected your goods (we will not notify you directly).
- We will not charge you.
- Prohibited Articles include but are not limited to:
(a) Any objects or substances that are either illegal in the Jurisdiction or in respect of which carriage or possession is illegal in the Jurisdiction.
(b) Gases, pyrotechnics, arms and ammunition or corrosive, toxic, flammable, explosive, oxidising or radioactive materials or any other noxious, dangerous or hazardous goods or goods likely to cause damage including knives, blades any item which could cause potential damage
(c) Money, prescribed drugs, perishable goods, coins, or plants.
(d) Any item of high value including without limitation jewellery, bullion, deeds, bonds, securities, stamps, antiques, fine art.
(e) Birds, fish, animals or any other creatures alive or dead
(f) Any item that requires specialist storage or storage at a specific temperature.
- If you nevertheless (whether knowingly or unknowingly) place a request which results in a Prohibited Article being delivered to a Drop Point, we shall be under no liability whatsoever in connection with the Prohibited Article however arising and you shall be liable for any and all loss or damage caused by, or in connection with the Prohibited Article however arising and shall indemnify us against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the Prohibited Article may be destroyed or otherwise dealt with in our absolute discretion by us or by any other person in whose custody they may be at the relevant time.
- We shall be entitled, in our absolute discretion to suspend or cancel your Swishd account if you arrange for Prohibited Articles to be delivered to one of our Drop Points or use the Service otherwise than for personal use.
- If we suspect that you are using the Service for fraudulent and/or criminal reasons, we may suspend and/or terminate the Service until we have completed further investigations. If such investigations confirm fraudulent and/or criminal behaviour, we may confiscate your items if instructed to do so by the Police and/or any other enforcement agency and may provide them with information about you and/or your orders if so requested.
- All Parcels delivered to Drop Points are held there at your risk. We do not accept liability for any loss or damage caused to items whilst they are being held at Drop Points.
- Notwithstanding Clause 7.1 above, in the event that you are able to supply us with (i) valid proof of delivery to the Drop Point; and (ii) confirmation of the value of the Articles contained in the Parcel, we may in our absolute discretion elect to compensate you up to a maximum of the value of the contents of the Parcel or £25 per Parcel, whichever is lower. In order to be eligible to receive such compensation, you must provide us with the above information in writing (by emailing us at email@example.com) within 30 days of the date on which you say the Parcel was delivered. Any compensation will payable be paid directly into your Customer Account. We will not pay compensation for Parcels in respect of which collection has not been attempted within the period set out in the applicable Delivery Confirmation Notice, nor shall we be liable for such Parcels.
- We do not exclude or restrict in any way our liability for death or personal injury resulting from our own negligence or the negligence of our employees or agents acting in the course of their employment or agency or for fraud or fraudulent misrepresentation.
- We shall not be liable whether in contract, tort, under statute or otherwise (including in each case negligence) for any of the following type of losses or damages arising under or in relation to provision of the Service:
- Special or consequential loss or damage (whether direct or indirect); or
Any loss of profits, business contracts, anticipated savings, goodwill or revenue (whether direct or indirect).
- Notwithstanding Clause 7.3 for which our liability is unlimited, our entire liability whether arising from our breach of contract, negligence, breach of statutory duty or data protection breach in connection with our supply of the Service to you shall be limited to the total amount of money you have paid to Swishd in the preceding 12 month period.
- We shall not be liable for the Parcel contents if:
- The Label does not include your Swishd Unique Reference number; and/or
Delivery of your item is attempted outside of the Drop Points working hours (or the Drop Point is otherwise closed) and the item is left outside the Drop point or with a third party; and/or
c. You arrange delivery of an item to a Drop Point that is not live (whilst we will aim to inform you if a Drop Point you have used before is no longer available, it is your responsibility to check before making a request that the Drop Point is operational by checking the Swishd App).
- Swishd is not liable as a bailee in respect of any items delivered to Drop Points.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
- An “Event Outside Our Control” means any act or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, 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 which prevents us from supplying the Service to you.
- If an Event Outside Our Control takes place:
- We will notify you as soon as reasonably possible by email; and
Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of the Service to you, we will restart the Service as soon as reasonably possible after the Event Outside Our Control is over.
We may amend these Terms at any time by posting the revised Terms on the Website and emailing you to inform you about the same. Your continued use of the Service thereafter will constitute acceptance of the revised Terms.
- These Terms shall be construed in accordance with the laws of England and Wales.
- The Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of a contract incorporating these Terms.
A person who is not a party to these Terms shall have no right to enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.
We do not give up our rights by delaying or failing to exercise them at any time.
If any of these Terms are found by a court to be illegal or not enforceable, all other Terms will still be in effect.
“Article” means any article which is not a Prohibited Article and “Articles” shall be construed accordingly.
“Drop Point” means a collection location listed on the Swishd App as a collection point
“Request” means when a sender acting in accordance with these Terms requests that an item be delivered to a DropPoint.
“Customer” or “you” means a person who successfully registers on the Swishd App and “your” shall be construed accordingly.
“Swishd ” or “we” or “us” or “our” or “ourselves” means Swishd Ltd. t (Company No. 09812042) whose registered office is at Sterling Hay, 100 Pall Mall, London SW1Y and includes Swishd deliverers, agents, and any person or persons receiving, storing or carrying items under the contract with Swishd (including but not limited to Drop Points ).
“Swishd App” means the web-based customer admin portal accessed via the Website and/or the the Swishd Android App downloadable from the Google Play Store and/or the Swishd iOS App downloadable from the Apple App Store.
“Customer Account” means a debit or credit card account in the Customer’s name.
“Unique Reference ID ” means the unique identification number allocated to a Customer for each parcel delivery
“Jurisdiction” means England and Wales.
“Item ” means an Article or Articles that are Correctly Packaged and have a Unique reference ID number clearly visible on the package .
“Prohibited Article” means those items listed in Clause 6.1.
“Service” means the receiving, storing and releasing of items delivered to Drop Points in accordance with these Terms.
“Terms” means these terms and conditions as amended from time to time.
“Valid UK Billing Address” means an address in the UK (excluding a PO Box address or address in the Channel Islands) that is linked to the Customer Account.
“Website” means www.swishd.com