These Terms and Conditions apply to collections carried out by Modern Milkman Ltd. They supplement the Modern Milkman Terms of Service and Terms of Use for Website and Applications. Except as varied here, those terms continue to apply.
Index
- 1.1 Collections we may offer.
- 1.2 Ownership and risk in Collection Items.
- 1.3 Items containing data.
- 1.4 Our role in relation to Device Data.
- 1.5 Waste duty of care and WEEE compliance.
- 1.6 Excluded items.
- 1.7 No valuation or guaranteed reuse.
- 1.8 Access, placement and failed collections.
- 1.9 Fees and membership.
- 1.10 Liability.
- 1.11 Customer indemnity.
- 1.12 Device Data – no guarantee.
1. Collections (including waste and other items)
1.1 Collections we may offer.
From time to time we may offer collection services from your address, including (without limitation) the collection of reusable packaging, empty containers, unwanted household items and/or waste electrical and electronic equipment (WEEE) and other waste (Collection Items). Details of any collections available in your area, including any charges that may apply or whether the service is included as part of your membership, will be shown on our Website or App. We do not guarantee that collection services will be available at all times or in all locations, and we may suspend or withdraw collection services on reasonable notice.
1.2 Ownership and risk in Collection Items.
By making Collection Items available for us to collect, you confirm that you are the owner of those items or are otherwise authorised to dispose of them. Unless we agree otherwise in writing, legal and beneficial ownership of the Collection Items, and all risk in them, transfers to us at the time at which our driver physically collects the Collection Items from your address. We will not be responsible for any loss of or damage to Collection Items prior to that point, including where items are left unattended, exposed to weather, or incorrectly placed. Once ownership has passed to us, we may reuse, refurbish, recycle, recover or dispose of the Collection Items at our discretion, subject to applicable law.
1.3 Items containing data.
Some Collection Items (for example, computers, laptops, tablets, mobile phones and smart devices) may contain personal data or other information (Device Data). You are solely responsible for backing up and removing or securely deleting any Device Data before making a device available for collection. By giving us such a device, you:
(a) confirm that you are entitled to dispose of it; and
(b) instruct us to erase, destroy or otherwise render inaccessible any Device Data as part of our processing or disposal of the device.
We do not provide any data-recovery service and we will not be responsible for any loss of Device Data or inability to recover it once the device has been collected by us.
1.4 Our role in relation to Device Data.
To the extent that we access Device Data when handling any Collection Items, we will do so only for the purposes of securely wiping, destroying or otherwise processing the device and any stored data in accordance with applicable data protection law, including the UK General Data Protection Regulation and the Data Protection Act 2018. We may act as an independent controller in relation to any personal data we process for our own legal compliance, record-keeping and reporting obligations, and as a processor where we act solely on your documented instruction to delete or destroy Device Data.
1.5 Waste duty of care and WEEE compliance.
Where Collection Items are classed as waste under applicable law, you agree to take reasonable steps to ensure that the items you present for collection are suitable for the collection service you have selected and are not mis-described. Once we have collected the items in accordance with clause 1.2, we will be responsible, as the holder of that waste, for complying with our obligations under applicable waste legislation, which may include (without limitation) the Environmental Protection Act 1990, the Waste (England and Wales) Regulations 2011 and, where relevant, the Waste Electrical and Electronic Equipment Regulations 2013. We may use third-party, appropriately licensed carriers and treatment facilities to transport, store, treat, refurbish or dispose of any Collection Items.
1.6 Excluded items.
We may publish on our Website or App a list of items that we do not collect, including (without limitation) hazardous waste not suitable for our service, sharp objects, clinical waste, items contaminated with food or bodily fluids, or items which are too large, too heavy or unsafe to handle. We may refuse to collect any Collection Items which in our reasonable opinion:
(a) fall within an excluded category;
(b) pose a health and safety or environmental risk; or
(c) appear to have been mis-described or presented for an inappropriate service.
If, after collection, any Collection Items are found to be mis-described, contaminated, hazardous, prohibited or otherwise unsuitable for the collection service selected, we may refuse to process those items and may arrange alternative handling, treatment or disposal and recover from you any reasonable additional costs incurred.
1.7 No valuation or guaranteed reuse.
Unless we expressly say otherwise in writing, we do not provide any valuation service in respect of Collection Items, and we do not guarantee that any particular item will be reused, refurbished or recycled. Some items may be sent for recovery or disposal (for example, where they are not suitable for reuse or recycling, or where this is required by law or good industry practice).
1.8 Access, placement and failed collections.
The relevant fees for collections relate to the purchase of the collection bags and the attempt to collect Collection Items, not to any particular outcome. Fees are non-refundable once a collection has been attempted, except where required by law.
1.9 Fees and membership.
Where collection services are included as part of your membership, the relevant fees relate to the availability of the service and the attempt to collect Collection Items, not to any particular outcome. Fees are non-refundable once a collection has been attempted, except where required by law.
1.10 Liability.
Nothing in this clause limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be limited or excluded by law.
Subject to the above, we will not be liable for:
(a) any indirect, incidental or consequential loss arising out of or in connection with any collection services;
(b) the value of any Collection Items or any sentimental, commercial or other loss associated with them; and
(c) any loss of or damage to Collection Items prior to collection.
Our total liability in connection with any collection services will not exceed the higher of: (i) amount paid by you for collections in the 12 months preceding the relevant collection; and £5.
Nothing in this clause affects your statutory rights as a consumer.
1.11 Customer indemnity.
You agree to indemnify us against all losses, costs, claims, fines, liabilities and expenses arising out of or in connection with:
(a) any breach of clause 1.2 or 1.5;
(b) any mis-description of Collection Items; or
(c) the inclusion of items which are hazardous, unlawful to dispose of, or otherwise excluded under clause 1.6.
1.12 Device Data – no guarantee.
While we will take reasonable steps to erase, destroy or render inaccessible any Device Data in accordance with clause 1.3, you acknowledge that we do not guarantee the complete or irreversible deletion of all data and accept no liability for any residual data remaining on a device after collection.
