1. INTRODUCTION
1. Fast Refund Co Ltd, a company incorporated and registered in England and Wales under company number 13751491 whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“At Last”, “we”, “us” and “our”), publishes the platform www.atlast.co, accessible either directly or via the websites of our partners (being, along with any other website or application for web or smart devices published by At Last from time to time, the “Platform”).
2. The Platform provides an all-in-one returns service for users of the Platform (the “Customer”), allowing them to view and manage online returns. It assists Merchants (as defined below) by providing access to a returns platform that allows customers to connect with and use At Last to complete their returns and helps Merchants to track returns and refunds.
2. WHAT ARE THESE TERMS?
1. The purpose of these terms and conditions (the “Flex Terms”) is to set out the terms by which you, as a provider of goods or services who has registered an account with us, being a third-party company (the “Merchant”, “your” and “you”) are permitted to access and use the ‘Flex’ feature offered on the Platform (as more particularly described below).
2. We encourage our Merchants to read these Flex Terms thoroughly before integrating Flex. Within these Flex Terms you will be informed of:
1. how we provide the Flex feature to you;
2. details of any applicable fees; and
3. and other important information.
3. Please contact us using the details set out at clause 5.1 below if any of the information is unclear or further information is required.
3. BY USING FLEX YOU ACCEPT THESE FLEX TERMS
1. By using Flex, you confirm that you accept these Flex Terms without amendment and that you agree to comply with them.
2. If you do not agree to these Flex Terms, you must not use Flex.
4. THERE ARE OTHER TERMS WHICH MAY APPLY TO YOU
These Flex Terms refer to the following additional terms, which also apply to your use of the Platform:
1. our general Merchant Terms and Conditions (www.atlast.co/legal/merchant-terms-and-conditions);
2. our Privacy Policy (www.atlast.co/legal/privacy-policy); and
3. our Cookie Policy (www.atlast.co/legal/cookie-policy).
5. HOW TO CONTACT US
1. To contact us, please email business-support@atlast.co
2. If we need to contact you, we will do so by telephone or by writing to you at the email address you provided to us when you registered an Account (as defined below) with us.
6. AT LAST FLEX FEATURE
1. At Last Flex (“Flex”) is a refund and rewards feature that enables you:
a. to offer your customers the flexibility to receive a refund by way of store credit (and receive any Rewards (as defined below)) which can be used on a particular range of items sold by you, instead of a simple cash refund to the payment method used by the customer (the “Store Credit Refund”);
b. to meet your obligations to refund your customers while keeping the revenue on your balance sheet; and
c. incentivise customers beyond the original payment amount for choosing this option.
2. Where a customer requests a Store Credit Refund, at your discretion, At Last will credit the customer’s wallet held on the Platform with the balance of the purchase price paid for the item(s) bought (the “Balance”). Where you have allowed Flex to operate, customers can choose their preferred option during the return process, selecting between a normal refund or applying for the Balance, that can then be spent on your selected goods.
3. As part of the implementation of Flex, Merchants are required to sync their chosen product catalogue from their e-commerce platform to the Platform in accordance with clause 8 below. Customers are then able to browse and select items they wish to purchase using the Balance and any applicable Rewards (as defined below). The Platform is tailored to match the Merchant’s branding during the customer’s shopping journey.
4. At Last reserves the right to in the future list your goods alongside goods from other Merchants on the Platform with the intention of optimising the overall user experience under one marketplace. Before doing so will notify you by email.
5. Merchants can customise the functionality of Flex according to their needs, including choosing different events prompting the issuance of a Balance to a customer, as follows (the “Balance Events”):
1. the QR Code relating to a return is scanned within the returns deadline specified in the relevant Merchant Returns Policy;
2. the item(s) being returned is/are dropped-off by the customer at a designated drop-off point;
3. the Merchant has received the returned item(s); or
4. the Merchant has manually inspected the returned item(s) and is satisfied with its/their condition.
6. Customers have the flexibility to purchase items using any combination of their Balance (with any applicable Rewards) and standard card payment via Stripe (or similar payment provider) for items made available to purchase by the Merchant.
7. REWARDS VIA FLEX
1. Customers who have received a Balance may be eligible to benefit from exclusive deals and discounts and/or store credit as offered by you in your sole and absolute discretion, including without limitation additional “Boost” discounts (together the “Rewards”). A Reward may be added as a bonus to any issued Balance, and subsequently applied to applicable items at checkout.
2. At Last shall have no liability to any customer if you fail to provide or honour a Reward as described on the Platform and you agree to indemnify us against any loss, claim or damage suffered by us as a result of any failure by you to honour a Reward granted by you.
3. A Reward may only be redeemed for purchases of items sold by you and may not be used to purchase products from other Merchants.
4. You are responsible for communicating to your customers the specific terms and conditions that apply to each Reward.
8. FLEX INTEGRATION
1. As a Merchant, upon using the Platform for the first time you will be required to create an account (an “Account”) with us in order to use the Platform and access the Services (as further detailed in the Merchant Terms and Conditions).
2. To integrate Flex, you must speak to your account manager or main point of contact at At Last. After signing we will provide access to Flex configuration on your configuration page on our Platform and commence onboarding with our team to synchronise your products.
Information Required
3. If you opt to use Flex you must provide certain information (in addition to the information required under the Merchant Terms and Conditions) to ensure smooth integration and functionality. This includes[a] but is not limited to informing us how you want to map your products with our customer facing portal and your reward preferences and payout trigger.
9. SUBSCRIPTION FEES
1. As detailed in the Merchant Terms and Conditions, the Platform is currently made available by At Last to you on a subscription basis for a fee (“Monthly Fee”). If you opt to subscribe for Flex, in addition to your standard subscription to the Platform and its Services, you will be subject to the following supplementary fees (the “Supplementary Fees”) which will be summarised in a cover sheet to which these Flex Terms are deemed incorporated. We will charge you a percentage of the total revenue earned from the sales made by a Merchant where the customer has used the Balance on their Account at checkout.
2. If Supplementary Fees are due, we will either invoice you for the amount payable at the end of the calendar month or automatically take via a payment provider such as Stripe.
3. You acknowledge and understand that you are responsible for ensuring your correct payment preference and bank details are provided to At Last.
4. At Last reserves the right to invoice for any outstanding Supplementary Fees on the first day of the calendar month for the preceding month's usage. Our invoices have seven (7) day payment terms. All recurring payments shall be made via At Last’s designated automated payment provider and you undertake and agree to procure that a standing order or direct debit is set up and maintained in effect using At Last’s designated automated payment provider.
10. AVAILABILITY OF THE PLATFORM
1. At Last does not guarantee that Flex will always be available or be uninterrupted. We shall not be liable for any loss or damage caused by any inability to access the Flex feature.
2. At Last may amend, suspend, withdraw or restrict the availability of all or any part of the Flex feature for various reasons, including but not limited to, the following:
1. dealing with technical problems or making minor technical changes, At Last will endeavour to provide technical support;
2. updating the Flex feature to reflect changes in relevant laws and regulatory requirements; and
3. making changes to the Flex feature as requested by you or notified by us to you.
3. We will try to give you reasonable notice of any suspension or withdrawal.
4. You are also responsible for ensuring that all persons who access the Platform and/or the Services through an internet connection are aware of these Flex Terms and other applicable terms and conditions, and that they comply with them.
11. CHANGES TO THESE FLEX TERMS
1. We may amend and update these Flex Terms from time to time. We will notify you of any changes to these Flex Terms by emailing you at the email address associated with your Account and/or by posting a notice on the Platform.
2. By continuing to use Flex after any change to these Flex Terms has been notified to you in accordance with clause 11.1, you are deemed to have agreed to the amended Flex Terms.
12. TERMINATION
1. We may terminate these Flex Terms and your access to Flex and/or the Platform immediately if you are in material breach of any of the provisions, clauses or terms contained in these Flex Terms and/or the Merchant Terms and Conditions and either the breach is incapable of remedy or the breach is not remedied within a period of seven (7) days after we have given you written notice of it.
2. We may terminate these Flex Terms and your subscription to Flex immediately at any time by writing to you, for reasons including but not limited to, the following:
1. if any information provided by you is found to be untrue, inaccurate, out of date or incomplete;
2. if you act in any way that has brought, or could bring, At Last into disrepute;
3. if you commit any criminal offence;
4. if we are no longer able to provide the Flex feature to you.
3. You may terminate your subscription to Flex during at any time of the Initial Term and each Renewal Term in the same manner as on our Merchant Terms and Conditions by contacting us at business-support@atlast.co.
If you decide to cancel the Contract a termination fee will apply and you will not be entitled to a refund of the whole or part of any fee you have already paid for the Services (the “Termination Fee”). The Termination Fee will be equal to the higher of:
(a) the monthly subscription cost multiplied by the number of months remaining until the expiry of the Initial Term (or any Renewal Term); or
(b) the average of the aggregate amount of Flex Fees incurred by the Merchant during the period of three (3) months preceding the date of the Merchant’s request to cancel in accordance with this clause multiplied by the number of months remaining until the expiry of the Initial Term (or any Renewal Term)
13. DISCLAIMER, LIMITATION OF LIABILITY AND NO WARRANTY
1. We make all reasonable efforts to ensure that the content contained on the Platform is complete, accurate and up to date. We make no warranties, representations or guarantees (express or implied) that this will always be the case.
2. Nothing in these Flex Terms excludes or limits our liability for death or personal injury arising from negligence or fraud, or any other liability that cannot be excluded or limited by the laws of England and Wales.
3. The total liability of At Last under any contract with you and these Flex Terms is limited to the amount invoiced by At Last during the preceding twelve (12) months.
4. In no event shall At Last, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to any Merchant for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use Flex.
14. OTHER IMPORTANT TERMS
1. In providing you with access to Flex, At Last reserves the following rights, and, in accessing, browsing or otherwise using Flex, you grant to us and agree that At Last shall have the following rights:
1. the right to refuse or withdraw your right to use Flex without liability, in accordance with applicable laws for any reason at any time (with or without notice) if, in At Last’s sole and absolute discretion, you violate, attempt to violate or breach any of these Flex Terms or applicable law; and
2. the right to amend or update the Flex feature, any charges for payment, billing methods or these Flex Terms from time to time.
2. We may transfer our rights and obligations under these Flex Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to terminate these Flex Terms no less than seven (7) business days’ after we tell you about our intention to transfer.
3. You may only transfer your rights or your obligations under these Flex Terms to another person or entity if we agree to this in writing.
4. These Flex Terms are between you and us. No other person or entity shall have any rights to enforce any of these Flex Terms.
5. Each of the clauses of these Flex Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6. If we do not insist immediately that you do anything you are required to do under these Flex Terms, or if we delay in taking steps against you in respect of you breaching any of these Flex Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
7. Nothing in these Flex Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
8. These Flex Terms and the Merchant Terms and Conditions, as amended from time to time, together with our Privacy Policy and Cookie Policy constitute the entire agreement between you and At Last in relation to your use of the Platform and the Flex feature and supersede any prior representations, inducements or agreements relating to its subject matter.
9. You agree that these Flex Terms and any claim, dispute or controversy arising out of in connection with these Flex Terms or their subject matter or formation (including non-contractual disputes or claims), the Platform, At Last’s advertising or any related transaction between you and At Last shall be governed by and construed in accordance with the law of England and Wales. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
