TERMS AND CONDITIONS

This page (together with documents referred to herein) tells you information about us and the legal terms and conditions ("Terms") on which we provide the Services to you. If there is any conflict between the provisions of the Terms, our documentation or terms expressly set out in the acceptance of your Reservation, the terms set out in the Reservation shall prevail followed by these Terms.

These Terms will apply to any contract between us for the provision of Services to you ("Reservation"). Please read these Terms carefully and make sure that you understand them, before Reservation any Services. Please note that before submitting a Reservation you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to book our Services.

A link to a copy of these Terms will be sent to you with confirmation that your Reservation has been accepted. We amend these Terms from time to time. Every time you wish to book Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st October 2016.

1. INFORMATION ABOUT US

1.1 We operate the MyLockars App, which can be accessed at your smartphone app store, and at www.lockars.com. We are Lockars Ltd a company registered in England and Wales under company number 12522797 and with our registered office at Lockars Limited, 36 Jamestown Road, Unit 12, London England, NW1 7BY. Our VAT number is 195228583.

2. DEFINITIONS

2.1 Addressee means the name of the person to whom the delivered Article is addressed;

2.2 Article means any article delivered to a Lockars Location and which is not a Prohibited Article;

2.3 Delivery Date means the date your Article is received by the Lockars Location;

2.4 Delivery Point Team means any employee, officer, or agent at the Lockars Location who is authorized to accept deliveries at that Lockars Location.

2.5 Delivery Window means the estimated delivery date or time or period in which your Article is estimated for delivery;

2.6 Distributor means the person/company that delivers the Parcel on behalf of a Seller;

2.7 Lockars ID means the unique reference code provided for each transaction via the App

2.8 Parcel means a single packet of one or more Articles which is to be delivered to a Lockars Location;

2.9 Lockars Location means a location listed on the App, selected by you as your remote address for postal deliveries;

2.10 Prohibited Article means those articles listed in Clause 6.5;

2.11 Push notification means a digital notification sent by the App, which informs you of the status of your Reservation (subject to your activation of this service in your smartphone settings);

2.12 Seller means the person/company from whom you have booked the Article for delivery using the App;

2.13 Subscriber means a customer who has subscribed to the App to whom the terms set out in Appendix 1 apply;

2.14 Working Day means any day which is not a Saturday or Sunday and/or which the banks are open for business;

2.15 Working Hours means 7 a.m. — 10 p.m. on a Working Day;

2.16 When we refer, in these Terms, to "in writing", this will include e-mail.

3. OUR SERVICES

3.1 We host the Lockars Application ("the App") through which you may book to have Articles delivered to and stored, free of charge, at a specified Lockars parcel locker (the ‘Lockars Locations’) for a fixed maximum duration of 3 days, (the ‘Services’). After the 3 days of free storage, a daily fee will apply, which will be communicated to you in advance.

3.2 We provide Lockars Locations only and are not connected with any Seller or Distributor from whom the delivery may originate.

3.3 We shall supply the Services to you using reasonable care and skill.

3.4 We may perform the Services ourselves or we may sub-contract part or all elements of the Services.

3.5 We have absolute discretion as to the means, route and procedure to be followed in the handling and storage of Articles which are subject to a Reservation for our Services.

3.6 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the App. We will contact you to let you know in advance where this occurs and if it affects an existing Reservation which you have made and make such reasonable arrangements as necessary to continue to process your Reservation.

4. YOUR OBLIGATIONS

4.1 You shall follow the addressing format provided to you in the App. This requires that you enter your name and address, inclusive of your user id, in the exact manner displayed on the App when you make a reservation.

4.2 You warrant that you are either the owner of the Articles or the authorised agent of the owners of the Articles and that you are 18 years or older.

4.3 You shall collect your Article by the deadline as confirmed upon Reservation. If the Article is not collected by the deadline, we reserve the right to arrange for the Article to be returned or disposed of as relevant, at your expense.

4.4 Lockars Locations have a discretion to retain Articles for your collection after the booked deadline. However, additional charges may apply and you are advised to contact us if you are unable to comply with your obligation at 4.3.

5. IF YOU ARE A BUSINESS CUSTOMER

This clause 5 only applies if you are a business.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our App to book Services.

5.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3 You acknowledge that in making your Reservation you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

6. YOUR ARTICLES AND PROHIBITED ARTICLES

6.1 All Articles must be correctly addressed including your Lockars ID, the Addressee’s full name and the Lockars Location address as confirmed via our confirmation email and Push Notification. If your Article is to be delivered by Special or Recorded delivery or any other tracked delivery service, your use of our Services shall constitute deemed authorization for the Delivery Point Team to sign for the Article.

6.2 Articles must not weigh more than 25 kg nor exceed dimensions of 60 x 60 x 60 cm or be of a value exceeding £ 200. You shall verify the approximate weight, size and value of the item upon placing your Reservation.

6.3 We reserve the right to reject an Article at the Lockars Location if the Article exceeds the weight or dimension limitations quoted at clause 6.2, or as otherwise agreed with us in writing, or if you are not the owner or authorized owner of the Articles.

6.4 We shall not be required or caused to accept any Article if such acceptance or conveyance would be unlawful, or if the Article is a Prohibited Article.

6.5 We shall not accept corrosive, flammable, explosive, toxic, oxidizing or radioactive materials or gases, pyrotechnics, arms and ammunition or any other noxious, hazardous or dangerous goods or goods likely to cause damage. These Articles are ‘Prohibited Articles’ for the purpose of these Terms and any Reservation.

6.6 We shall not, without specific written agreement, accept works of art, artwork, musical instruments, ceramics, deeds, or any type of envelops, including tender documents, statements, utility bills or correspondences, documentation including stamps, securities, passports, vouchers and money, prescribed drugs, precious metals, livestock, liquids, foodstuffs, perishable goods, glass, bullion, coins, precious stones, fossils, stoneware, resin items, amber, composites, valuable jewelry, valuable antiques or plants or plant seeds, supplements or derivatives.

6.7 Should you or the Seller nevertheless (whether knowingly or unknowingly) request to deliver Prohibited Articles, or an Article listed under clause 6.6 without written agreement, to the Lockars Location or cause us or personnel at the Lockars Location to handle Prohibited Articles, or an Article listed under 6.6 without written agreement, otherwise than under special arrangements previously made in writing, we shall be under no liability whatsoever in connection with the Article however arising and you shall indemnify us against all penalties, claims, damages, losses, costs and expenses whatsoever arising in connection with the Articles and the Articles may be destroyed or otherwise dealt with at our sole discretion or by any other person in whose custody they may be at the relevant time.

7. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

8. HOW THE RESERVATION IS MADE BETWEEN YOU AND US

8.1 Our App will guide you through the steps you need to take to place a Reservation with us. Our Reservation process allows you to check and amend any errors before submitting your Reservation to us. Please take the time to read and check your Reservation at each page of the Reservation process. Please also read our FAQs for detailed information about our processes.

8.2 You will be asked to accept these Terms before submitting your Reservation to us together with your payment details. We will not retain your payment details after we provide the Services.

8.3 After you place a Reservation, you will receive an e-mail and Push Notification from us confirming your Reservation. The Reservation will only be accepted when we send you the notification.

8.5 We are not able to process your Reservation and facilitate the safe delivery of your Article if the Lockars ID is not stated clearly with the address of the Lockars Location, accurately or at all. We advise, that you shall only send items as ‘tracked deliveries’ to your selected Lockars Location.

8.6 When the Lockars Location is in receipt of your Article, the app shall be updated and you will receive notification together with a PIN which you must use to identify yourself upon collection.

8.7 If we are unable to supply the Services, for example because your preferred Lockars Location is not available and there is no other reasonable alternative location for delivery, we will inform you of this by e-mail and we will not process your Reservation. Subject to Appendix 1, if you have already paid for the Services, we will refund you the full amount you paid for our service as soon as possible.

9. OUR RIGHT TO VARY THESE TERMS

9.1 We amend these Terms from time to time to reflect changes in relevant laws and regulatory requirements or for any other reason. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

9.2 Every time you book Services using our App, the Terms in force at the time of your Reservation will apply to the Agreement between you and us.

9.3 If we have to revise these Terms as they apply to your Reservation, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel any Reservations yet to be delivered if you are not happy with the changes.

10. YOUR RIGHT OF CANCELLATION AND REFUND

10.1 If you are a consumer, you have a legal right to cancel a Reservation, or your Subscription if you are a Subscriber, during the period set out below in Clause 10.2. This means that during the relevant period if you change your mind you can notify us of your decision to cancel your Reservation or your Subscription, and receive a refund. Advice about your legal right to cancel the Reservation or Subscription is available from your local Citizens’ Advice Bureau or Trading Standards office.

10.2 Your legal right to cancel a Reservation or Subscription is 14 days from the date of the acceptance of your Reservation or confirmation of your Subscription (confirmed by e-mail and by Push Notification, where applicable, to you), which is when the Reservation or Subscription is accepted.

10.3 However, this cancellation right does not apply in the case of Services already provided.

10.4 To cancel a Reservation or Subscription within the period set out in Clause 10.2 please contact us or call +44(0)203 813 7868. Please provide your Lockars ID to help us to identify your Reservation or Subscription.

10.5 If you cancel your Reservation or Subscription in accordance with clause 10 or due to an Event Outside Our Control where we have not yet provided the Services we will refund you the price you paid for the Services or your Subscription Fee and make any refunds due to you as soon as possible and in any event within 14 days.

10.6 We are not liable for any cancellation fees or arrangements to be made with the Distributor or Seller.

10.7 We will refund you on the credit card or debit card used by you to pay.

10.8 We cannot offer you a refund in circumstances where you have made an error in the Reservation you have submitted or where your Articles have been rejected in accordance with these Terms. If you are a Subscriber, any such Reservation will be counted towards the maximum of your monthly allowance.

11. CHARGES

11.1 Unless you are a Subscriber, the prices of the Services will be as quoted on our App at the time you submit your Reservation. If you are a Subscriber, your Subscription Fees will be as set out at Appendix 1 paragraph 2.

11.2 We reserve the right to charge a surcharge if the size and weight of the Article exceeds the size and weight stipulated in your Reservation and we reserve the right to retain the Article until such surcharge has been paid.

11.3 Prices for our Services, including Subscription Services may change from time to time, but changes will not affect any Reservation you have already placed.

11.4 The price of a Service or a Subscription Fee includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Reservation and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.

11.5 Our Charges do not include delivery charges that may be charged by the Seller or Distributor of the Articles you have booked for delivery using our Services.

11.6 Our site contains a variety of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have booked we will contact you in writing to inform you of this error and we will give you the option of continuing to book the Services at the correct price or cancelling your Reservation. We will not process your Reservation until we have your instructions. If we are unable to contact you using the contact details you provided during the Reservation process, we will treat the Reservation as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.

12. HOW TO PAY

12.1 You can only pay for Services using a debit card or credit card. We accept the following cards: Visa, MasterCard and American Express.

12.2 Payment for the Services and all applicable delivery charges is made in advance and taken at the time you submit your Reservation. If any subsequent change to your Reservation results in a refund becoming due, or upon a cancellation, we will refund you to the card from which your original payment to us was made.

13. OUR LIABILITY

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.

13.2 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence; or

(b) fraud or fraudulent misrepresentation.

13.3 Subject to Clause 13.2 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

(a) any loss, damage or delay caused by the Seller or Distributor of the Articles;

(b) any loss, damage or delay caused by the Lockars Location handling the Articles;

(c) loss of profits, sales, business, or revenue;

(d) loss or corruption of data, information or software;

(e) loss of business opportunity;

(f) loss of anticipated savings;

(g) loss of goodwill; or

(h) any indirect or consequential loss.

13.4 Subject to Clause 13.2 and 13.3, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for Articles which are not Prohibited Articles, shall in no circumstances exceed 100% of the price paid for the Article to a maximum value of £50.

13.5 Subject to the provisions of this clause 13 you have the option to pay an additional charge which will qualify you for compensation in the event that your Article is lost, stolen or damaged caused by the Lockars Location. Payment of this charge qualifies you to apply for compensation to the maximum value of £200 but not to exceed 100% of the price paid for the Article.

13.6 Any liability and/or compensation shall only be incurred on fulfilment of the following requirements and is subject to your compliance with these Terms:

(a) You must notify us in writing of the loss, damage or delay within 28 days of your Delivery Date;

(b) You must provide proof of order and dispatch from the Seller and/or Distributor;

(c) You must provide a receipt confirming the order has been delivered successfully and/or tracking code;

(d) You must provide a receipt confirming the price of the Article.

13.7 We accept no liability whatsoever for any loss, damage or delay for articles which do not comply with clause 6 or which are Prohibited Articles.

13.8 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

13.9 We do not give any representation, warranties or undertakings in relation to the goods booked for delivery using our Services. Any claim as to the goods must be made to the Seller of that product.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 14.2.

14.2 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 or act or omission of any Seller or Distributor of the goods booked to which our Services relate which prevents us from supplying the Services to you.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Reservation 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 the availability of our Services to you, we will arrange to provide the Services as soon as reasonably possible after the Event Outside Our Control is over.

14.4 You may cancel a Reservation affected by an Event Outside Our Control if the Services have not already been provided by us. In such a case we will refund the price you have paid for our Services or, if you are a Subscriber, we will not count the Parcel towards the maximum of your monthly allowance. If you are a Subscriber and no Services can be provided under the Subscription due to an Event Outside Our Control then we will refund your subscription fee.

14.5 We will only cancel your Reservation if the Event Outside Our Control continues for longer than 4 weeks and we will notify you by e-mail if such a cancellation is necessary.

15. OTHER IMPORTANT TERMS

15.1 We may transfer our rights and obligations under a Reservation to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this App if this happens. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.6 Please note that these Terms are governed by English law. This means a Reservation for our Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

APPENDIX 1:

SUBSCRIPTION

1. The terms set out in this Appendix shall apply to Subscribers together with the terms and conditions above. In the event that you are a Subscriber and this Appendix and the terms and conditions are inconsistent, the terms set out in this Appendix shall prevail.

2. If you are a Subscriber, you shall pay a monthly subscription fee (“Subscription Fee”) of £7.99. The first Subscription Fee shall be authorised (but not captured) when you subscribe to the App and subsequent Subscription Fees shall be payable after the Free period and/or in advance on the same date each following month throughout the period of your subscription. We reserve the right not to accept or process your Subscription for any reason.

3. Subscription Fees are to be paid by direct debit. All Subscriptions are subject to validation checks and authorisation by your payment card issuer. If we do not accept your Subscription and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.

4. Your subscription will continue for a period of 12 months unless earlier cancelled. You may cancel your subscription at any time by emailing a cancellation request (“Cancellation Request”) to us at customer.service@Lockars.com. Your subscription will terminate on the 1st day of the month following receipt of your Cancellation Request.

5. If you fail to pay a Subscription Fee instalment without having sent a Cancellation Request, your subscription will be cancelled without notice. We reserve the right to charge you for any services which have been provided.

6. Subscription Fees are non-refundable except in accordance with Clause 10 of the Terms above.

7. Payment of the Subscription Fee permits you to send a number of parcels up to your monthly allowance, to any Lockars Location. If you send more than the maximum of your allowance in a month, we reserve the right to charge £ 1.99 per Parcel sent in excess of the maximum of your monthly allowance subscribed for or to refuse delivery of the excess Parcels.

8. You will receive a Lockars ID on becoming a Subscriber. This Lockars ID will be used for all of your Parcels throughout your subscription.

9. In the event that we are unable to fulfil a Reservation made under your subscription, for example because your preferred Lockars Location is not available and there is no other reasonable alternative location for delivery, we will refund you pro rata for that Reservation OR we will arrange a re-deliver to an alternative location for no additional charge. In the event that the Reservation which cannot be fulfilled is the first Reservation you make under your subscription and you wish to terminate your subscription before placing any second Reservation as a result of the first Reservation being unfulfilled, you may request a full refund and your subscription will be cancelled.

MODERN DAY SLAVERY STATEMENT

Lockars continually works to prevent slavery and human trafficking from taking place in our manufacturing supply chains and operations, in line with the United Kingdom Modern Slavery Act.

Lockars’s internal Code of Business Conduct and Ethics sets out guiding principles and establishes that in performing job duties Lockars employees should always act lawfully, ethically, and in the best interests of Lockars. Employees of Lockars take mandatory compliance training courses on the Code of Business Conduct and Ethics, Anti-Bribery Compliance, and Workplace Harassment.

Lockars is committed to addressing the risk of slavery and human trafficking in its Supply Chain Standards, which include steps taken to ensure conformance to those Standards.