Insight
Stuart Terms Changes
What's hiding in the small print
Dec 10, 2024
✦
Alfie
On 10th December Stuart asked couriers to accept new terms in their app. They did not explain what had been updated or provide a copy of the old terms but merely directly courier to the new terms on their website: https://stuart.com/terms/. Given Stuart's terms run to more than 23,000 words this is not very helpful.
However, we decided to dig a little deeper and identified three significant changes in the terms (there may be more than we missed).
Customers will be able to blacklist couriers without explanation.
Clause I) 6.4 (f) now reads:
'…the User may provide feedback through the Application should these requirements not be met and consequently may request that the Company exclude the Independent Courier from receiving further Delivery Requests from that User. The Company shall play no part in the decision made by a User to request such an exclusion. The Company may send messages to the Independent Courier advising when negative feedback has been received from a User.'
This means any restaurant or grocer can blacklist you for any reason and you may (or may not) be informed.
Couriers are going to have to open special payment accounts.
Clause II) 1.1.1 l) now reads:
'In addition to the acceptance of the GCU, access to the Services is conditional on the Independent Courier opening a payment account with the Company’s payment service provider (as communicated by the Company from time to time). The payment account enables the Independent Courier to receive Delivery Fees, Incentive Payments or Waiting Fee. To enable the opening of the payment account the Independent Courier shall provide the payment service provider with identification, bank details and any other necessary documentation required from time to time. The Company shall be entitled to terminate or suspend the Independent Courier’s Account if they provide inaccurate or false information and/or fail to promptly update the payment service provider in the event of changes to such information.'
It is unclear what this account is or who the payment service provider will be and we assume they will provide more information soon. However, forcing couriers to open an account with Stuart's preferred supplier doesn't sound very 'independent'.
Waiting time payments have, er, got a lot less clear.
Clause II 4.5 use to read:
In addition to the Delivery Fee and the Incentive Payments referred to above, once the Company has communicated in writing to the Independent Courier the launch of wait at pick up in the specific region in which the Independent Courier’s executes a Delivery(ies) of Goods, the Independent Courier shall be entitled to receive a payment for each minute of Waiting Time incurred between fifteen minutes and one second (15:01) and thirty (30:00) minutes (Waiting Fee). For the avoidance of doubt, the Waiting Fee shall apply only to those minutes waited by the Independent Courier to take collection of the Delivery of Goods in excess of fifteen (15) minutes from the scheduled collection time and no fee shall be payable for the first fifteen (15) minutes of Waiting Time or any time after the period of Waiting Time has expired (i.e. after thirty (30) minutes). The Waiting Fee shall not be payable in circumstances where either: (a) the Independent Courier cancels the Delivery of Goods (whether before the Waiting Time has elapsed or otherwise), other than where such cancellation is as a result of the Independent Courier requesting a return delivery pursuant to Article 7 of these SC; or (b) a Cancellation Fee is payable by the User with respect to the Delivery of Goods. The amount of the Waiting Fee payable per minute of Waiting Time shall be communicated to the Independent Courier by the Company from time to time.
It now reads:
In addition to the Delivery Fee and the Incentive Payments referred to above, the Independent Courier may receive a payment for the time they spend waiting to take collection of the Delivery of Goods (Waiting Fee). The Waiting Fee shall not be payable in circumstances where either: (a) the Independent Courier cancels the Delivery of Goods (whether before the Waiting Time has elapsed or otherwise), other than where such cancellation is as a result of the Independent Courier requesting a return delivery pursuant to Article 7 of these SC; or (b) a Cancellation Fee is payable by the User with respect to the Delivery of Goods. The conditions and amount of the Waiting Fee that may become payable shall be communicated to the Independent Courier by the Company from time to time.
The 15 minute commitment has gone and the new terms essentially leave everything in Stuart's discretion.