1.1. 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”).
1.2. The Platform provides an all-in-one returns service for users of the Platform (the “Customer”),allowing them to view and manage online returns (“Returns”). It assists merchants 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.
1.3. You have been or will be onboarded to the Platform via a Multi-Tenant Company and have signed an agreement with such company that governs its use of the Platform and the payment of any fees for such use.
2.1. The purpose of this Addendum (the “Addendum”) is to set out the terms by which you (“your” and “you”) have permission to use the Platform.
2.2. By using our Platform and Services, you confirm that you accept this Addendum without amendment and that you agree to comply with it. If you do not agree to this Addendum, you must not use the Platform or the Services.
This Addendum refers to the following additional terms, which also apply to your use of the Platform:
(a)our Privacy Policy (www.atlast.co/legal/privacy-policy); and
(b)our Cookie Policy (www.atlast.co/legal/cookie-policy)
4.1. The Multi-Tenant Company will be responsible for onboarding you to the Platform.
4.2. Unless otherwise agreed with us in writing, you are required to add to your website a small amount of
4.3. source code to install an At Last branded returns button on the relevant page of your website. It is necessary for you to display this button in order for your Customers to be able to connect with the Platform. You must ensure that this button remains embedded in your website for so long as you use the Platform and/or Services. Your use of the button must comply at all times and in all respect with our Button Terms which can be found at Launch Button Guidelines (www.atlast.co/legal/launch-button-guidelines). We may make changes to the visual appearance of the button from time to time. You are responsible for providing Customers with your returns policy which is the document governing the circumstances in which you will accept returns and the process for handling returns (the “Returns Policy”).
5.1. At Last does not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We shall not be liable for any loss or damage caused by any inability to access the Platform, or any feature or functionality of the Platform.
5.2. At Last may amend, suspend, withdraw or restrict the availability of all or any part of the Platform or platform for various reasons.
5.3. We will try to give you reasonable notice of any suspension or withdrawal.
5.4. You are responsible for ensuring that all persons who access the Platform and/or the Services through an internet connection on your behalf are aware of this Addendum and other applicable terms and conditions, and that they comply with them.
6.1. All information available and displayed on the Platform (the “Content”) and the copyright and other intellectual property rights in that Content belongs to or has been licensed by At Last, unless specifically labelled otherwise.
6.2. You may access, view and use the Platform only in accordance with this Addendum.
6.3. You are responsible for configuring your platform and/or website in order to access the Platform and are responsible for implementing your own Virus (as defined below) protection software.
6.4. You undertake to comply fully with any and all local, national or international laws and regulations that apply to your use of the Platform.
6.5. You shall:
(a)provide At Last with:
(i)all necessary co-operation in relation to this Addendum; and
(ii)all necessary access to such information as may be required by At Last;
in order for At Last to provide you with access to the Platform and the Services,
(b)without affecting your other obligations under this Addendum, comply with all applicable laws and regulations while using the Platform;
(c)be, to the extent permitted by law and except as otherwise expressly provided in this agreement, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to At Last data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
6.6. You may not at any point during your use of the Platform or creation of Return Policy do anything which may circumvent At Last.
6.7. You shall not distribute or transmit any material during the course of your use of the Platform, including without limitation managing Returns that:
(a)is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b)facilitates illegal activity;
(c)depicts sexually explicit images;
(d)promotes unlawful violence;
(e)is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
(f)is designed to facilitate or result in spam, or the unnecessary and/or unlawful use of personal data of Customers and/or merchants; or
(g)is otherwise illegal or causes damage or injury to any person or property.
At Last reserves the right, without liability or prejudice to its other rights, to disable access to any
material that breaches the provisions of this clause 6.7.
6.8. You shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this Addendum:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means; or
(b) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; or
(c) access all or any part of the Platform in order to build a product or service which competes with At Last and/or the Services; or
(d) use the Platform to provide services to third parties; or
(e) use the Platform in any way or for any purpose that is unlawful or fraudulent; or
(f) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Platform or any Content on it otherwise than in accordance with this Addendum; or
(g) introduce or permit the introduction of, any worms, Trojan horses, viruses and other similar things or devices (each a “Virus” and together the “Viruses”) any Virus into At Last’s network and information systems.
6.9. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and, in the event of any such unauthorised access or use, promptly notify At Last.
6.10. You are expected at all times to be polite and respectful when managing Returns using the Platform and agree to comply with this Addendum and the Privacy Policy at all times.
7.1. We may amend and update this Addendum from time to time. We will notify you of any changes to this Addendum by emailing you at the email address associated with your Account and/or by posting a notice on the Platform.
7.2. By continuing to use the Platform and/or by managing any returns or using any other service on the Platform after any change to this Addendum has been notified to you in accordance with clause 7.1,
you are deemed to have agreed to the amended Terms.
8.FEES
8.1. Save as set out in clause 8.2, during the term of this Addendum, all fees in respect of your use of the Platform and/or the Services shall be paid to the Multi-Tenant Company in accordance with the agreement in place between you and the Multi-Tenant Company.
8.2. At Last and/or our payment processing provider may charge the payment Processing Fee in respect of each Return directly to the Merchant. Such fees shall be aggregated by At Last and charged to the Merchant on a monthly basis. At Last shall be permitted to charge the Merchant the applicable Processing Fees by deducting charges as outlined in the Client Fees. The settlement will be made monthly to the merchant on a rolling basis on every 28th of the month during the term of the Contract (including the Initial Term and any Renewal Term). The settlement amount will include all Cost to Return funds from that monthly period made available by our payment provider (Stripe) for that time period, less any applicable Processing Fee. You acknowledge and understand that you are responsible for ensuring your correct payment preference and bank details are provided to At Last.
8.3. At Last may from time to time offer you additional value-add services. In the event that you elect to subscribe for and/or otherwise purchase such additional services, you will be required to enter into a further agreement (or an amendment of this Addendum) with At Last governing provision of those services and any fees associated with such services.
9.TERMINATION
9.1. We may terminate this Addendum and your access to the Platform immediately if you are in material breach of any of the provisions, clauses or terms contained in this Addendum 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.
9.2. We may terminate this Addendum and your access to the Platform immediately at any time by writing to you, for reasons including but not limited to, the following:
(a)if any information provided by you is found to be untrue, inaccurate, out of date or incomplete;
(b)if you act in any way that has brought, or could bring, At Last into disrepute;
(c)if you commit any criminal offence;
(d)if we are no longer able to provide the Platform and/or the Services to you including without limitation as a result of termination of the contract between us and the Multi-Tenant Company.
9.3. In the event that the agreement between At Last and the Multi-Tenant Company is terminated (howsoever arising) this Addendum shall also terminate. In such circumstances we may in our sole and absolute discretion invite you to enter into a commercial contract with At Last to allow continuation of your use of the Platform and our Services in consideration for you paying certain fees directly to At Last.
10.DISCLAIMER, LIMITATION OF LIABILITY AND NO WARRANTY
10.1. You have no recourse against At Last arising from your use of the Platform and/or the Services. Your sole recourse lies with the Multi-Tenant Company. Subject to the remaining provisions of this Clause 9, you disclaim and waive any claim that you may have against At Last in respect of the Platform and/or the Services.
10.2. Nothing in this Addendum 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.
11.1. In this clause 10, “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the UK implementation of the General Data Protection Regulation ((EU) 2016/679) as implemented by the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and, to the extent that the General Data Protection Regulation ((EU) 2016/679) applies to the processing of any Personal Data, such legislation as in force from time to time.
11.2. At Last will comply with all Data Protection Legislation. This clause 10.2 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
11.3. Details of At Last’s approach to processing personal data can be found in our Privacy Policy.
11.4. At Last is the data controller in respect of any personal data that you provide to At Last (whether directly or via the Multi-Tenant Company) when using the Platform.
11.5. You are the data controller in respect of any personal data provided by Customers directly to you when making an Order, or otherwise engaging with you on your platform or via the Platform.
11.6. We may from time to time provide you with personal data in respect of Customers who engage with any Return offered by you via the Platform. At Last is the data controller in respect of such personal data and you undertake to comply with the Data Protection Legislation and any processing agreement in place between you and us when processing such personal data.
11.7. From time to time you may collect personal data from Customers who complete forms and/or otherwise engage with you directly on your website and other platforms, including without limitation when a Customer makes an Order. You are the data controller in respect of all such personal data in such circumstances.
11.8. You acknowledge and agree that we are authorised by you to make available to the Multi-Tenant Company via the Platform information on Returns which may include personal information of your Customers.
12.1. You acknowledge and agree that At Last and its licensor(s) are the sole owners of and all intellectual property rights in, the Platform, which includes any software, domains, and Content made available through the Platform. The Platform is protected by UK and other intellectual property rights laws. All such rights are reserved.
12.2. Subject to the agreement between the Multi-Tenant Company and you remaining in force, At Last grants to you a terminable, non-exclusive, non-transferable right and licence, without the right to grant sublicences, to use the Services, the Platform and its operating applications solely for your business operations (the “Rights”).
12.3. Except as expressly stated herein, this Addendum does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Platform.
12.4. You may not sell, export, license, modify, copy, distribute or transmit the Platform (or any part of it)without At Last’s prior express written consent. You acknowledge and agree that At Last retains full and complete ownership of the granted Rights, the right to dispose of them and to freely grant licences thereof to whomsoever it chooses.
12.5. Any unauthorised use of the Platform may result in the termination of the limited licence granted by At Last. At Last reserves the right to terminate your limited licence in its sole and absolute discretion.
12.6. At Last and its graphics, logos, icons and service names related to the Platform are registered and unregistered trademarks or trade dress of At Last. They may not be used without At Last’s prior express written permission.
12.7. All other trademarks not owned by At Last that appear in connection with the Platform are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by At Last. At Last accepts no liability for any unauthorised use of any trademarks by any Customer, by you or by any third party.
12.8. You grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and use that content in connection with the Services
and across different media, including to promote the Platform or the Services, until the termination of your agreement with the Multi-Tenant Company or for such period of time as we require to use such material in conjunction with other materials on the Platform.
12.9. Notwithstanding the previous provisions of this clause 11, you and At Last each retain all rights and title to its intellectual property rights including in its brand or trade names.
13.1. In providing you with access to the Platform and the Services, At Last reserves the following rights, and, in accessing, browsing or otherwise using the Platform, you grant to us and agree that At Last shall have the following rights:
(a)the right to refuse or withdraw your right to use the Services or access the Platform 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 this Addendum or applicable law;
(b)the right to amend or update the Platform, any charges for payment, billing methods or this Addendum from time to time;
(c)the right to without notice, remove Content or materials from your account for any reason whatsoever at our sole and absolute discretion, including without limitation Content which is unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, or where the account is used to propagate any such Content;
(d)the right to access your Account in order to respond to a request for technical support so long as we maintain reasonably appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data; and
(e)the right to terminate, without notice, your Account and delete any associated data from the Platform if your Account has been inactive or disabled for ninety (90) days or more.
13.2. We may transfer our rights and obligations under this Addendum 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 this Addendum no less than seven (7) business days’ after we tell you about our intention to transfer.
13.3. You may only transfer your rights or your obligations under this Addendum to another person or entity if we agree to this in writing.
13.4. This Addendum are between you and us. No other person or entity shall have any rights to enforce any of this Addendum.
13.5. Each of the clauses of this Addendum 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.
13.6. If we do not insist immediately that you do anything you are required to do under this Addendum, or if we delay in taking steps against you in respect of you breaching any of this Addendum, 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.
13.7. Nothing in this Addendum 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.
13.8. This Addendum, 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 supersede any prior representations, inducements or agreements relating to its subject matter. This Addendum does not have the effect of amending in any manner the agreement between you and the Multi-Tenant Company. You agree that this Addendum and any claim, dispute or controversy arising out of in connection with this Addendum 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.
