UK Terms of Service
UNITED KINGDOM STARSHIP TERMS OF SERVICE
1. GENERAL TERMS
1.1 Starship Technologies Limited, a company registered in England and Wales with company number 10071803 and whose registered office is at Unit B2 24 First Avenue, Bletchley, Milton Keynes, United Kingdom, MK1 1DX (“Starship”) is the operator of the Starship mobile application (“App”). Starship’s VAT number is: GB248 2200 29.
1.2 These terms of service (“Terms”) apply exclusively to all legal relationships which arise between a user of the App (“User”) and Starship (together “Parties”), including to the provision of the service by Starship to the User via the App (“Service”). These Terms also apply to the Sales Agreements entered into between the User and the Partner (as explained below in clause 2.2).
1.3 The User is obliged to read the Terms. If the User does not accept the Terms, then the User is not allowed to use the App, the Service and any other services which may be made available via the App. By accepting the Terms, the User confirms that the User has read and accepts the Terms and agrees to be bound by them.
2. DESCRIPTION OF THE SERVICE AND THE APP
2.1 Starship provides a platform (being the App) through which the User can purchase food and other goods (“Goods”) from Starship’s partners (“Partner”) by placing an order (“Order”) via the App. The Partners are displayed in the App to the User based on the following parameters: proximity of the Partner to the User / User’s delivery address (closest ones are displayed first); whether the Partner is offering delivery or pickup (delivery providers are displayed first); and whether the Partner is currently open or closed (open Partners are displayed first).
2.2 When Users purchase any Goods, they will buy directly from the relevant Partner (not from Starship) through the App and the contractual relationship in relation to the sale will only be between Users and that Partner (“Sales Agreement”). Starship will not be a party to it. The relevant Partner will be responsible for the sale, and other after-sale care, and Starship’s role is limited to acting as commercial agent to conclude the sale by accepting Users’ Orders and collecting Users’ payment on behalf of that Partner. Starship’s receipt of full payment from Users will discharge Users’ debt to the relevant Partner in respect of that order. Though Starship may assist with certain practical issues on behalf of the relevant Partner, Starship does not have any contractual obligations to Users and Users do not have any contractual rights against Starship regarding any Goods sold on the App by any Partner.
2.3 Additional terms may apply to the Sales Agreement (in addition to the Terms provided in this document), in which case such terms are made available to the User via the App or otherwise prior to purchase of the Goods.
2.4 Starship provides an on-demand delivery service to the User for the delivery of the purchased Goods. The delivery service is provided via Starship’s automated delivery vehicles (“Delivery Robots”).
3. GOODS AND PRICES
3.1 The Partners provide information about the Goods to the Users via the App, including but not limited to the information of the Goods’ characteristics and instructions of use. The photos of the Goods displayed in the App are for illustration purposes only.
3.2 The prices of the Goods in the App and any applicable fees (e.g. delivery fee) are shown in GBP and include VAT. The delivery fee (or any other applicable fee) (if any) shall be displayed separately from the price of the Goods.
3.3 Starship, on behalf of the applicable Partner, may change prices of the Goods at any time. However, this will only apply to future Orders, the charges will not be changed for any Order once confirmed. Starship may also change the delivery fee and charge any additional fees shown in the App. The User will always be charged the prices which are displayed in the App at the moment when the User places the Order.
3.4 If the User has allergies or other dietary restrictions or wishes to receive more information about the Goods, including allergen information, the User should check the relevant Partner’s website or otherwise contact the relevant Partner. It is also possible to contact Starship’s customer support via the chat function in the App who can contact the Partner and forward the information to the User. In any case, the Partner is responsible for providing accurate, up-to-date and legally required information about the Goods.
3.5 Starship and/or the Partner may, at its sole discretion, make promotional offers with different mechanisms and different prices to the Users. Unless made specifically to a specific User, such offers shall have no bearing whatsoever on the use of the App and/or the Service or the fees charged. Starship and/or the respective Partner reserve a right to expire or modify any promotion at any time.
3.6 The Partner may impose certain restrictions on the Order, such as quantity and size limitations. Also, there may be a minimum value of the purchase required, in which case the User will be notified before the Order has been placed by the User. If the Order fails to meet the minimum required value, the User can either pay the difference to meet the minimum value or to add more Goods to the Order from the same Partner.
4. PLACING THE ORDER
4.1 To purchase Goods from the Partner, the User must place an Order by using the App. To place an Order the User must:
a) choose the respective Partner from the App;
b) add the Goods displayed in the App to the shopping cart;
c) enter the location where the Order shall be delivered within the delivery area (delivery areas are limited, as displayed in the App) – after that, the User is shown the estimated time of delivery;
d) verify their phone number, enter the payment details which shall be used for making the purchase (means of payment are displayed in the App) and other required information;
e) confirm that the Goods (and their quantities and prices) which were added to the shopping cart are correct. Neither Starship nor the Partner are liable for losses caused by incorrect information submitted by the User; and
f) finally, to place the Order, the User has to press the icon “Pay”.
4.2 Once the Order has been received and payment received by Starship on behalf of the Partner, Starship shall send the Order details to the Partner. When the Order is accepted by the Partner and Starship has provided the User with the Order confirmation on behalf of the Partner, then:
a) the User and the Partner shall have concluded a Sales Agreement for the purchase of the Goods; and
b) the User and Starship shall have concluded a delivery agreement pursuant to which Starship shall deliver the purchased Goods to the User (“Delivery Agreement“).
4.3 After that, the respective Partner shall start preparing the Order.
4.4 In the event that Goods are unavailable, the Partner shall substitute such Goods with similar Goods at the Partner’s discretion or to the extent pre-approved by the Customer within the App. As a default, the User consents to making substitutions when purchasing the retail Goods (the User can opt-out of a substitution in the App or reject substituted goods as provided in section 5.7). If the User does not accept the substituted Goods or if it is not possible to substitute the Goods, Starship will refund the price paid for the missing Goods to the User as soon as possible and in any event within 14 days of the date of delivery. If the User accepts the substituted Goods and the price of such Goods is lower compared to the Goods originally ordered, Starship will refund the price difference as soon as possible and in any event within 14 days of the date of delivery. If the price of the substituted Goods is higher compared to the missing Goods, the User is not obliged to make any additional payment.
4.5 Starship has the right to cancel any Order by notifying the User via phone call or else via text message or push notification (if Users have given permission for these methods of communication – see clause 11 below). In this case Starship shall refund the User the price of the Order (i.e. price of the Goods and any applied fees).
5. DELIVERY OF THE ORDER
5.1 Once the Order has been prepared by the Partner and is ready for pick-up, Starship shall deliver them to the User.
5.2 The ordered Goods shall be delivered by a Delivery Robot to the location specified by the User in the Order. The App will display the estimated time of delivery. The User acknowledges that the delivery time shown in the App is only an estimate and can change – including for reasons not dependent on Starship (e.g. bad weather conditions). As such, there is no guarantee that the Order will be delivered at the estimated time. In no event shall Starship or the Partner be liable to the User for any delays outside their control.
5.3 Starship shall send the User operational text messages (SMS) and/or push notifications about the status of delivery or Delivery Robot interaction information.
5.4 The User must ensure that they are at the delivery location to accept the Order at the time when the Delivery Robot arrives. The User can obtain the Goods from the Delivery Robot by using the App. The User acknowledges that due to technical reasons, the Delivery Robot is unable to enter buildings and climb stairs. Therefore, the User is obliged to accept the Order outside the building at the delivery address.
5.5 If the User is not at the delivery location within 15 minutes after the arrival of the Delivery Robot, Starship has the right to instruct the Delivery Robot to leave the delivery location and dispose of the Goods. The User accepts and acknowledges that the Delivery Robot does not contain a fridge but just a cool bag, and therefore it is not possible to deliver the Goods to the User after the Robot has left the delivery location. If you are not at the delivery location within 15 minutes of the arrival of the Delivery Robot you will still be charged for the Goods. No refund will apply.
5.6 Upon receipt of the Order, the User shall immediately examine and verify whether the Goods, their quantity and quality correspond to the Order. The Order shall be deemed completed once the User removes the Goods from the Delivery Robot.
5.7 If the delivered Goods do not correspond to the Order (e.g. the Goods are incorrect, not cooked as expected or defective) or in cases where the Goods have been substituted and the User does not accept the substituted Goods, the User shall place such Goods back into the Delivery Robot. If the Goods were substituted, there will be a corresponding notice letter on top of the Goods inside the Delivery Robot alerting the User to this fact.
5.8 Once the Goods have been delivered, Starship shall send the User a receipt for the purchase of the Goods on behalf of the respective Partner and a receipt from Starship for the delivery, both receipts will be in writing sent by email.
6. AGE-RESTRICTED GOODS
6.1 As required by law, alcohol is not sold or delivered to anyone who is, or appears to be, under the age of 18. By placing an Order for any age restricted Goods, the User confirms that they are:
a) at the required legal age to purchase such Goods (which for alcohol is 18); and
b) the owner and primary user of the device used to authenticate the User’s identity.
6.2 When purchasing alcohol for the first time, the User will be asked to verify their age and to confirm that that they are the owner and primary user of the device used for authenticating the User’s identity. If the User is not able or not willing to comply with the required processes, then the User is not allowed to purchase alcohol.
6.3 At the point of delivery, the User is required to verify their age. If the User is not able or not willing to comply with the required processes, then the Delivery Robot will be unable to complete the Order, the Order (as a whole) will be cancelled and Starship shall charge the User a full price for the Order.
6.4 The User agrees not to purchase alcohol while being intoxicated and not to purchase alcohol for the purpose of offering or handing the alcohol over to persons exhibiting signs of intoxication. The User also agrees not to place an Order for age restricted Goods on behalf of persons who are under the minimum legal age to buy such Goods and the User agrees to protect their account and device from unauthorized access by such persons so that they are not able to use the App under any circumstances whatsoever.
6.5 Similar age verification and device authentication processes may be necessary for the purchase of other age restricted Goods. Under no circumstances shall Starship be in breach of these Terms where it cancels (or is otherwise unable to complete) an Order as a result of Starship being unable to verify that the person ordering age restricted Goods (including alcohol) is of the required legal age or if selling or handing over any age restricted Goods would infringe the applicable law.
7.1 The User shall pay the purchase price of the Order set out on the final “checkout page” in the App using the payment functionalities made available by third party payment providers in the App. The User authorises Starship to charge all sums for Orders made by the User.
7.2 The Partners have each authorized Starship as their commercial agent to collect all payments from the Users for the purchased Goods on behalf of the Partners as well as issue receipts on behalf of the Partners. The User’s obligation to pay for the Goods to the respective Partner from the Sales Agreement is fulfilled at the moment the respective payment has been made by the User to Starship.
7.3 The User accepts that a temporary pre-authorization hold may be placed on the User’s designated payment method to verify that the User’s payment card is valid and has funds available for the intended purchase. The User will only be charged the final fee total which is the price set out on the final checkout page.
7.4 The User is responsible for any fees that its own bank or card provider may apply.
7.5 Unless otherwise agreed, all refunds which Starship makes to the User will be transferred to the same payment method which the User used to pay for the relevant Order.
7.6 Starship reserves the right to request additional information from the User if Starship has a reason to believe, in Starship’s sole discretion, that a payment method may be fraudulent.
8. CANCELLATION OF THE ORDER PRIOR TO PREPARATION
8.1 If the User cancels the Order, the User may be charged depending on what stage the fulfilment of the Order was in at the time of cancellation and the nature of Goods (e.g., whether they are perishable/prepared food). If the User cancels the Order after it has been accepted but is not yet being prepared, Starship will remove the hold placed on the User’s account corresponding to the price of the ordered Goods as well as the delivery fee within 14 days after the Order was placed. If the User cancels the Order after the preparation has been started, or after the Order is out for delivery, the User is not returned any money where the Goods are perishable/prepared food.
9. RETURNS AND CANCELLATION RIGHTS (APPLICABLE ONLY TO CONSUMERS)
9.1 If the User is a consumer, the User may cancel the contract (i.e. Order) for certain products without giving any reason within 14 days after receiving the delivery by notifying us at the e-mail address firstname.lastname@example.org. The notice must contain the User’s Order number, description of the Goods the User wishes to cancel, and the User’s contact details (e-mail address, phone number and name). The Partners have authorised Starship to accept cancelled orders on behalf of the Partners. Once Starship receives the notice of cancellation, Starship will forward it to the respective Partner.
9.2 The User only has the right to cancel the Order if the Goods are unused, unimpaired and still in their original packaging.
9.3 The Goods returned must be handed over to the respective Partner at the same location from which the Goods were ordered within 14 days from submitting the cancellation notice to Starship. The contact details of the Partner’s location are made available in the App. Except in the case of defective Goods, the User will be responsible for the cost of returns.
9.4 The User may not cancel in respect of the following Goods: (a) perishable Goods (such as flowers, meat, fish, dairy products, fruit and vegetables); (b) Goods in sealed packaging which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (c) Goods which due to their nature inseparably mixed with other items; (d) sealed audio or video recordings or computer software and the User has opened the package; (e) newspapers, magazines or periodicals.
9.5 If the User has cancelled the Order and the Goods returned are in proper condition, Starship will, on behalf of the respective Partner, return the User the price of the Goods as well as the delivery fee paid to Starship within 14 days after Starship has received the cancellation notice. If the User partially cancels the Order, then the delivery fee paid to Starship shall be returned proportionally. Regardless of the preceding, Starship has the right not to return the cost of the returned Goods and cost of delivery until the respective Partner has received the Goods or proof that the Goods are in transit back to the respective Partner.
9.6 If the condition of the returned Goods has deteriorated, the User shall be liable for the decrease in the value of the Goods resulting from the User’s use if they have used the Goods in any other way other than what is necessary to establish its nature, characteristics and function.
10. USER’S LEGAL RIGHTS
10.1 If the Goods are not compliant with the terms of the Sales Agreement and/or the Service is not compliant with the Terms, in addition to the refund procedures set out in these Terms, the User has certain additional rights in consumer law regarding the return of faulty or mis-described Goods or Services. For further information about its legal rights the User should contact its local authority Trading Standards Department or Citizens Advice.
10.2 The User must notify Starship immediately if the Service is non-compliant with the Terms (e.g. there is a problem with Delivery). The User shall provide reasonable co-operation with Starship in order to resolve the problem.
10.3 The User must notify Starship of any problems with the Goods immediately (but in any case, latest within two months after becoming aware of it). The Partners have authorised Starship to accept such notifications on behalf of the Partners and once received, Starship shall forward this to the respective Partner. This notification should be submitted by the User by e-mail to email@example.com or by post to Starship Technologies Ltd., Unit B2 24 First Avenue, Bletchley, Milton Keynes, United Kingdom, MK1 1DX. Such notification must include the User’s name, contact information, date of submitting the notification, description of lack of conformity of the Goods, photo(s) of the faulty Goods, the content of the claim and a document proving the purchase of Goods.
10.4 If the Goods have defects for which the Partner is liable, the Partner shall replace the defective Goods. If the Goods cannot be replaced, the User will be refunded the price of the Goods.
11.1 Starship offers the User the opportunity to contact Starship customer support via the chat function in the App. After the end of the conversation, the history of the conversation will be deleted, and the User will not be able to review it.
11.2 By using the Service and the App, the User may receive text (SMS) messages at the phone number provided by the User and/or push notifications, which are messages the App sends to the User’s mobile device even when the App is not on. These messages and notifications include operational information about the use of the App and/or the Service, including status of delivery and Delivery Robot interaction information. The User will not be able to use the Service and the App without agreeing to receive them.
11.3 If the User no longer wishes to receive the push notifications (in which case the use of the Service and/or the App may be hindered), the User can turn them off by visiting the mobile device’s “settings” page.
12. RESTRICTIONS AND CONDITIONS OF USE
12.1. The User is solely responsible for all activities that it conducts via the App. The User agrees to notify Starship immediately if the User becomes aware of any unauthorized use of the App.
12.2. The User confirms that they are using the Service and purchasing Goods for their own personal use and not for purpose related to their business or professional activities. The User must be at least eighteen (18) years old to use the App and the Service. By agreeing to these Terms, the User confirms that they meet the requirements as described in this clause 12.2 and have not previously been suspended from using the App or Service.
12.3. The User agrees to submit any data required from the User as instructed by Starship and/or required in the App. The User confirms that any information submitted to Starship is correct, accurate and up to date.
12.4. The User is responsible for obtaining and maintaining devices or equipment (e.g. a smart phone) and connections needed to access and use the App and the Service and all charges related to such devices and equipment.
12.5. Subject to the Terms, Starship hereby grants the User a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the App pursuant to the Terms on compatible devices that the User owns or controls, solely for the User’s own non-commercial use. The license is restricted with the term of the agreement concluded between the User and Starship for the use of the App and is not limited within a territory. Starship reserves all rights not expressly granted to the User.
12.6. The User agrees:
a) to use the App and Service solely for the User’s own personal use and not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the App and/or the Service;
b) not to access, or attempt to access, the Service by any means other than through the user interface provided through the App;
c) not use the App or the Service in an unintended manner. This also means, it is prohibited to reverse engineer, decompile, disassemble or hack the App or the Service or be involved in any type of attack against the App or the Service or otherwise attempt to obstruct, disrupt or interfere with the operation of the App or the Service, or use bot, spyware, virus, worms, any automated means or similar against the App or the Service; and
d) not to use the App or the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by Starship in its sole discretion. This includes, it is prohibited to collect, use, copy or transfer any information from the App without the consent of Starship.
12.7. Starship may require that the User download and install updates to the App from time to time. The User acknowledges and agrees that Starship may update the App and/or the Service from time to time with notification to the User, and may add or remove features or functions to the App and/or the Service at any time in its sole discretion. The updates are necessary to ensure that the App and/or Service comply with the Terms and/or to provide the User with the best possible Service. If the User does not install an update within a reasonable time after being notified, Starship will not be liable for any malfunctioning of the App and/or the Service with the Terms due to the absence of the update.
12.8. Depending on the location of the User’s device, there may be restrictions for the provision of the Service. These restrictions occur via the App (e.g., the Partners’ availability based on the User’s location due to limited delivery area). Starship does not provide the Service in all jurisdictions and regions. As the availability of the Service may change from time to time, there is no specific list of jurisdictions and regions.
12.9. The Service available via the App can only be accessed via an Internet connection. There are no specific technical requirements for the Internet connection, but the quality of the Service may be affected by the speed of the Internet.
12.10. The App is available for Android and Apple devices with the latest software updates.
12.11. Starship has no obligation to make the App or the Service available to the User, make any subsequent versions of the App or Service available to the User or to continue to support the App or Service in any way. The User’s access to the App and/or the Service may not be continuous and its features may change during the use of the App and/or the Service.
12.12. The User is solely responsible and Starship has no responsibility or liability to the User for any breach by the User of these Terms or for the consequences of any such breach. Starship may immediately terminate its relationship with the User if it determines that the User has breached the Terms.
12.13. Starship reserves the right to deny and stop providing the Service to any person or entity at Starship’s sole and absolute discretion without notifying in advance, for any reason or no reason, including, without limitation, for any violation of the Terms.
13. CONTENT, FEEDBACK AND LINKS
13.1. Starship is not responsible for third parties’ (including the Partner’s) content or information which is made available in the App or for any damages arising as a result of the use of or reliance on it.
13.2. The User is solely responsible for the content (e.g. comments to the Partner, feedback to Starship, etc.) the User chooses to communicate and access using the App and/or the Service. The User hereby grants to Starship a royalty-free, exclusive, worldwide, perpetual, irrevocable and fully transferable and sub-licensable right and license for the User’s economic and moral rights (to the maximum extent pursuant to law) to use, copy and store the content submitted by the User without limiting its purpose. The User confirms that the submitted content does not infringe the rights of any third parties.
13.3. The App and the Service may contain links to websites or services operated by third parties (including Partners). Starship provides these links to other websites and services as a convenience and the use of these websites is at the User’s own risk. Starship is not liable for the content of these websites or services.
13.4. Starship reserves the right to add or remove information, content or services from the App and/or the Service at any time at its sole discretion.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
14.1. Starship is not responsible or liable for the proper execution of the Sales Agreement by the Partner.
14.2. Nothing in these Terms will restrict Starship’s liability to the User for death or personal injury caused by Starship’s negligence, for fraudulent misrepresentation, for breach of any term implied by the Consumer Rights Act 2015 or for other liability that by law may not be limited or excluded.
14.3. If the User is a consumer and not a business customer, in no event shall Starship be liable for business losses.
14.4. All Partners sell their Goods independently in the course of their business.
14.5. The User understands and agrees that the use of the App and the Service are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.
14.6. Starship does not represent or warrant that the User is able to access or use the App and the Service at the times or locations of the User’s choosing and that the operation of the App and the Service is uninterrupted, timely, secure or error-free. The App and the Service may be subject to limitations, delays and other problems inherent to the use of the Internet and electronic communications. Starship is not responsible for any delays, delivery failures, or other damage resulting from such problems.
15. FINAL PROVISIONS
15.1. Legal information and contact data. Starship’s contact e-mail address is firstname.lastname@example.org and address is Unit B2 24 First Avenue, Bletchley, Milton Keynes, United Kingdom, MK1 1DX.
15.2. Amendments. Starship has a right to amend these Terms at its discretion from time to time. Users should check the Terms prior to making each Order. If the User does not agree to the amended Terms, the User has the right to stop using the App and the Service.
15.3. Term and termination. These Terms are in force between the User and Starship until further notice as long as the User is using the App and the Service. The User can discontinue the use of the App and the Service at any time and cancel the contractual relationship with Starship by deleting the App. Starship can discontinue providing the App and the Service permanently or temporarily at any time.
15.4. Governing law. The Terms shall be governed by the laws of England.
15.5. Dispute resolution. Any dispute between Users and Starship arising out of these Terms or any Order will be dealt with in the English Courts.
15.7. App store. The User acknowledges the app store provider (where the App is downloaded from) is not responsible for the App, its content, the Service provided by Starship or any Goods sold by the Partner. These Terms do not apply to any relations that the User has with the relevant app store provider.
15.8. Severability. If any of the provisions of the Terms are held by any court or competent authority to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
15.9. No waiver. If Starship fails to enforce any of its rights, this will not result in a waiver of that right.
15.10. Entire Agreement. These Terms and any document expressly referred to in them represent the entire agreement between the User and Starship in relation to the subject matter of any contract.
15.11. Notices. All notices given by Users or required under these Terms shall be in writing and sent to email@example.com.
15.12. Assignment. Starship may assign its rights under these Terms to any person without the User’s consent. The rights granted to the User under these Terms, other than the right to claim damages, may not be assigned without Starship’s prior written consent.