Terms and Conditions

These general conditions of use and legal information (hereinafter General Conditions) apply to the LAST SYSTEMS, S.L. website. (hereinafter Last), the domain name of which is shop.last.app and the corresponding mobile application, as well as all related or linked sites from www.last.app by Last. The site is owned by Last. By using the site, you agree to these terms of use. If you do not agree, please refrain from using it.

Through these Terms and Conditions, Last makes available to users (hereinafter referred to as User or Users) the Last website and mobile application (hereinafter collectively referred to as the Platform).

In compliance with the provisions of the regulatory regulations, the following identifying data of the owner of the site are exposed:

Company name: LAST SYSTEMS, S.L..
Registered Office: C/ Maracaibo No.8, 08030, Barcelona, Spain
Registration data in the Barcelona Mercantile Registry: Protocol 2019/1100, Volume: 46867, Folio: 83, Page: 533596, Inscription: 1.
Tax Identification Number (NIF): B67417758

Object

Last is a technology company, whose main activity is the development and management of a technological platform by means of which, through a mobile application or a website (hereinafter, the APP), it allows certain local stores in some cities in different territories to offer or insert their products and/or services through the same, and if applicable, if the users of the APP and consumers of said local stores so request through the APP, as an accessory, intermediary in the immediate delivery of the products.

Thus, Last has developed a Platform through which different businesses, with which Last can maintain a commercial agreement for the use of the platform, offer and/or can insert a series of products and services. The Customer has the possibility of requesting the purchase and/or collection of products and services from these stores, in person, by means of the mandate given to a third party when placing an order through the Platform, in which cases Last acts as a mere intermediary and therefore cannot assume or assume any responsibility for the quality of the products or the proper provision of the services offered directly by the stores or by such third parties.

Likewise, Last is a platform for intermediation in the telematic contracting of “on demand” delivery services. It aims to facilitate that those who request home delivery in local businesses (hereinafter, Customers), can carry out their errands through and delegating to such third parties willing to voluntarily carry out the mandate given by the Customers (hereinafter, “Agents”).
The Agents, therefore, are a network of independent professionals who collaborate with third party companies contracted by the Client, when they are interested in providing their services. As a consequence, Last cannot assume responsibility for delivery times as they will depend on the good work of the local stores, in the preparation of orders, of the Agents themselves, as well as the information provided by the users themselves when placing the order or their availability and response at the time of delivery. For these purposes, the delivery times indicated on the Site are merely indicative.
Throughout these General Conditions of Use we will refer to Clients and Agents as Users of the Platform.

Terms of Use

Access to the Platform, and the voluntary creation of a profile by the User, implies knowledge and express and unequivocal acceptance of these General Conditions of Use and Contracting and the Privacy Policy and Cookies Policy by all Users.

Customer Login and Registration

In order to become a Client of the Platform, the following requirements must be met:
Be 18 years of age or older.
To truthfully complete the mandatory fields of the registration form, in which personal data such as user name, e-mail, telephone number and bank card number are requested.

• Accept these Terms and Conditions of Use and Contracting.
• Accept the Privacy and Data Protection Policy.
• Accept the Cookies Policy.

The User guarantees that all the data about his identity and legitimacy provided to Last in his registration forms on the Platform are true, accurate and complete. It also undertakes to keep its data up to date.

In the event that the User provides any false, inaccurate or incomplete information or if Last considers that there are reasonable grounds to doubt the truthfulness, accuracy and completeness of the same, Last may deny access and present or future use of the Platform or any of its contents and / or services.
When registering on the Platform, the User will select a username and password. Both the username and password are strictly confidential, personal and non-transferable. Last recommends not using the same login credentials as on other platforms to increase account security. In the event that the User uses the same login credentials as on other platforms, Last cannot guarantee the security of the account or ensure that the User is the only one accessing his or her profile.

The User undertakes not to disclose the data relating to his account or make them accessible to third parties. The User shall be solely responsible for the use of such data or Site services by third parties, including the statements and/or content posted on the Platform, or any other action carried out through the use of the username and/or password.

The user shall be the sole owner of the content posted by him/her on the Platform. In addition, by registering on the Platform and accepting these Terms, the User grants Last, in relation to the content that it may provide, a worldwide, irrevocable, transferable, free, sublicense, license to use, copy, modify, create derivative works, distribute, publicly communicate and exploit it in any way that Last deems appropriate, with or without further communication to the User and without the need to pay any amount for such uses.

Last cannot guarantee the identity of registered Users, therefore, shall not be liable for the use of a registered User’s identity by unregistered third parties. Users are obliged to immediately inform Last of the theft, disclosure or loss of their credentials, communicating it through the communication channels offered by Last.

3.1 Profile

In order to complete the registration on the Platform, the User must provide some information such as: User name, e-mail address, telephone number, bank card information, etc. Once registration is complete, any User may access and complete his or her profile, and edit and/or unsubscribe as he or she sees fit. Last does not store users’ payment data, which will be processed and stored by the payment service provider as described in these Terms and in the Privacy Policy.

3.2. Credit card theft or robbery

While Last cannot guarantee the identity of registered Users, Users are obligated to inform Last if they become aware that the credit card associated with their Last profile has been stolen and/or is being used fraudulently by a third party. Therefore, since Last and its payment platform proactively ensure the protection of Users with the corresponding security measures, in the event that the User does not inform Last of such theft, Last will not be responsible for the fraudulent use that third parties may make of the User’s account. Last invites Users, in case of theft, robbery or suspicion of misuse of their credit card, to report it to the police authorities.

Last undertakes to cooperate with the User and the competent authorities, if necessary, to provide reliable proof of the improper charge. In case of fraud, Last reserves the right to bring any action that may be necessary when it is harmed by the improper use of the site.

Operation of the service. Terms of the Mandate.

When a User registered as a Customer needs help with an errand, he/she should go to the web platform or the corresponding Last application and request the service by such telematic means. The basic delivery service consists in the collection of a product and its subsequent delivery, both addresses established by the Customer, provided that they are exclusively within Last’s territory. Likewise, the Client may request the Agent to purchase products in person on its behalf, to pick them up and deliver them to the addresses indicated, by means of a mandate the Agent undertakes to purchase the products ordered by the Client on its behalf, and according to the indications and specifications provided by the latter.

The Customer is solely responsible for the correct entry of the delivery and collection addresses on the Platform, and therefore exempts Last and the Agent from any negligence or error in the collection or delivery of the order resulting from the erroneous entry of the delivery and collection addresses. As a consequence, it will be the Client who will have to assume the cost derived from the incorrect consignment of the delivery and collection addresses in the Platform.

The Client shall provide all the information, as detailed as possible, regarding the service that is the object of the order, and if applicable, regarding the product that he/she requests to purchase from the Mandatary on his/her behalf in the physical stores. To do so, you may enter the comments you consider useful in the “comments” section, as well as, if applicable, you may share with the Agent a photograph to identify the order. The Client shall have constant communication with the Agent, being able to address the Agent at any time so that the latter executes the mandate conferred according to the Client’s own instructions.

In order to facilitate direct communication with the agent and in the event that there is any incident in the processing of the order and/or to communicate any change in it, Last provides users with an internal chat that will allow direct and immediate contact between user and agent during the execution of the order. The chat will cease to be active as soon as the user has received the product or it has been cancelled for any of the foreseen reasons. In the event that the user wishes to communicate with the agent or Last after the completion of the order, he/she should use the contact form on the Platform and contact customer service.

The Customer exempts Last and the Agent from any negligence or error in the indications that he/she gives for the purchase of the product that he/she requests to buy on his/her behalf from the physical stores. As a consequence, it will be the Customer who will have to assume the cost derived from the incorrect consignment of the indications of the products on the Platform (i.e. incorrect address, incorrect product).

To the extent that the price of the product/and or service is not shown on the platform and given that the prices shown on the Platform are approximate, the Customer may set an approximate price. In this case, the service or product may be purchased in person by the Agent in accordance with the Client’s estimate and never for an amount higher than 30% of such estimate. In the event that the price is higher, the Agent will contact the Customer to inform him/her of this situation and it will be the latter who will make the final decision to proceed or not with the in-store purchase. Last, for the sole purpose of assisting the User, may provide a rough estimate of the price, but in no case shall such estimate be binding on the final price to be paid by the User.

If the product and/or service is not available, the Agent shall call the Client to explain the options. In the event that the Client does not agree with any of the options set forth by the Agent and, consequently, is not interested in the alternative options, the Client shall be bound by the cancellation policy set forth in these General Terms and Conditions of Use (in section nine). If the Client does not answer the calls, the Agent will wait 5 minutes before leaving.

In the event that the Customer is not at the place designated for delivery, the Agent shall keep the product for 24 hours, or 5 minutes in the case of perishable products. In addition, the Customer shall bear 100% of the cost of the basic delivery service, as well as the price of the product in the event that one has been purchased or contracted through the Agent on behalf of the Customer, and shall pay again for another service in order to receive the undelivered products. The Agent shall in no case be responsible for the deterioration or expiration of the product that is the object of the order.

Once the order has been completed, in the event that a product has been requested to be purchased in person, the Agent shall deliver to the Customer the physical receipt corresponding to said product, and/or via e-mail. If the purpose of the order is merely the delivery of a product, the Agent shall deliver it to the Customer at the exact place and time indicated by the latter. This is without prejudice to the electronic receipt for the service that the Customer will receive at the e-mail address associated with his account.

At that time, the User, the recipient of the service identified by the User in the order, or any third party authorized by the User, must ratify the mandate conferred by signing the Mandatary’s device. Last cannot verify the veracity of the signature made by the User. In the event that the User receives confirmation of the execution of the order without having proceeded to the ratification of the mandate by himself or through a receiver authorized by him, he must inform Last immediately so that the Platform can take appropriate measures to that effect. Last reserves the right to verify communications made by the User in this regard for purposes of corroboration and control.

FOOD/PACKAGED PRODUCTS: Last recommends the User, when ordering food products by mandate, to ask the Mandatary and/or the restaurant or establishment offering the products, through the means provided by the Platform, for information regarding the content and composition of the food products ordered.

Product returns

In the event that the Customer wishes to return a product or wishes to make a complaint about the performance of a service, without prejudice to Last, as an intermediary, assuming the management of the same, the final responsible will always be the store in which the purchase was made. In case of reimbursement of the amount of the purchase to the Customer, it will be up to the retailer to decide the method of return (cash, credit card, voucher…) regardless of whether Last is the one who, on behalf of the local retailer, proceeds to the refund. Therefore, the return of a product purchased by the Agent in execution of the mandate conferred by the Customer shall in any case be subject to the return policy of the retailer.

Certain establishments may not have spaces open to the public, so the User may not be able to access them for the purpose of processing the return or claim. In these cases, the User should contact Last’s customer service department, through the channels present on the Platform, in order to obtain the necessary help and support.

Notwithstanding the foregoing, in the specific case of orders placed on the Platform through the McDonald’s product drop-down, the Customer must contact Last directly.

In the event that the User wants to process the return of a product for not conforming to what has been requested through the platform, the User must provide a photograph of the total order along with a list of the incorrect or undelivered products, as well as other evidence demonstrating the unsuitability of the requested product.

The Customer shall check the products delivered by the Agent at the delivery address before signing and ratifying the mandate. By signing, the Client confirms and ratifies the mandate, the face-to-face purchase or service performed on his behalf. The Customer also declares that a third party may ratify the mandate on its behalf, for example in cases where the Customer is not at the final delivery address or has designated a third party for collection and signature. Thus, it is the Client’s and/or said third party’s responsibility to verify the adequacy of the service, as well as, if necessary, to gather sufficient evidence to justify the contrary.

In any case, it will be up to the merchant to determine in each case the appropriateness of the return so that, in case of dispute, the Customer must inform Last through the means provided by Last for this purpose.

Service fees and billing

The registration and use of the Platform for Clients is completely free of charge.

The use of the Platform by Agents and merchants may have an associated cost depending on the destination country from which they wish to use the Platform to provide services.

The Customer shall only pay for each service requested through the Platform for the use of the Platform for the request of products and communication through the Platform, and for the courier or delivery services provided by third parties. Additionally, in those services that include the purchase of a product, the User must pay the price of such product. The User, by registering through the Platform and providing the required bank information, expressly authorizes Last to pass on the receipts corresponding to the payment of the requested services, including the price and delivery of the requested products.

The total price of each service may be composed of a variable percentage depending on the kilometers and time to be traveled and used by the Agent, as well as, if applicable, the price set by each store for cases in which the User requests the physical purchase of a product or service. Last reserves the right to modify the price depending on the time and/or distance in which the service is provided. In accordance with these conditions, the Customer shall have the right to know the approximate price of the service before contracting the service and formalizing the payment, except when the user does not specify the pick-up address. The shipping service rate may vary in the event of force majeure circumstances beyond Last’s control, which may lead to an increase in the rate.

The fee may include tips for the Agent and/or the local store, the amount of which depends solely and exclusively on the User’s will.

Last reserves the right to change its prices at any time. The changes made will take effect immediately upon publication. The User expressly authorizes Last to send him/her by telematic means, to the e-mail address provided by him/her during the registration process, the receipt of the contracted services and/or the generated invoices. If an invoice is required, the user must add the fiscal data to the platform before placing the order.

Subsequent cancellation of the service by the user, when there has already been confirmation of preparation of the order by the local retailer and the same has been communicated to the User, will entitle Last to charge the Customer the corresponding fee. Likewise, in the event that the User has requested the Mandatary to purchase a product on his behalf, if the Customer cancels the order when the purchase has already been made, he shall bear the costs of the shipping services provided by the Mandatary, as well as the cost of the product. This is without prejudice to the Customer’s right to request a new service for the purpose of returning the products purchased, or to have them delivered to another address. In the case of non-perishable products, the User may exercise his right of withdrawal with the retailer who sold him the products. If you wish to exercise this right through Last, you must contract the new service.

6.1. Payment platforms

Payment for the products and/or services offered through the Platform, which are sold in person at the Restaurants and/or stores, and which are delivered to Customers on a deferred basis, is temporarily made to Last and transmitted by Last to the Restaurants and/or stores with which it has a commercial agreement. The Restaurants and/or associated establishments authorize Last to accept payment on their behalf, whereby the payment of the price of any product (i.e. food, beverage, gift…) correctly made in favor of Last will discharge the Customer from the obligations to pay said price to the Restaurant and/or associated establishments.
Likewise, the Client’s payment discharges the Client from any obligation with respect to the Agent, and the total collection from the Client shall have the effect of releasing the Client from any obligation it may have with Partners and/or Agents.

Payment for products and/or services made by Customers is received in Last’s accounts through an Electronic Money Institution. The Electronic Money Institutions are authorized to provide regulated payment services in all territories in which Last operates and comply with current payment services regulations for Platforms such as Last.

Last, through the payment provider contracted for this purpose and for the sole purpose of verifying the payment method provided, reserves the right, as an anti-fraud measure, to request pre-authorization of the charge of the products ordered through the platform. The aforementioned pre-authorization shall not imply, in any case, the total payment of the order as this will be made only and exclusively after the products have been made available to the user or for the reasons described in these terms and conditions.

Last, in order to provide greater support to Users, will act as the first point of contact with Users and will assume responsibility for payments made through the platform. This responsibility includes: refunds, returns, cancellations and resolution disputes, at an initial stage, without prejudice to the actions that Last may take with local retailers as the only physical sellers of the products ordered by Users.

As described above, in the event of a dispute, Last will offer first line support and reimburse the user if deemed appropriate.

If the User has any problems with the processing of his order, he may contact Last’s customer service through the means made available to him on the Platform.

Price of products and/or services consigned on the Platform

All prices indicated on the Platform include any taxes that may be applicable depending on the territory from which the User operates and in any case shall be expressed in the currency in force depending on the territory from which the User operates.

In accordance with Clause 6 above, the prices applicable to each service shall be those published on the Platform subject to the particularities set out above and applied automatically in the contracting process in the last phase of the same.

However, the prices of products for sale in restaurants and/or stores shown on the Last Platform may be indicative. In any case, these prices correspond to the products sold in restaurants and/or stores and are exclusively set by them. The Customer may contact the Agent to confirm the final price of the products ordered.

The User assumes that in any case the economic valuation of some of the products may vary in real time depending on the establishment that sells them and the available “stock”. For any information about the requested order, the User may contact Last.

In accordance with the foregoing, the Customer by means of the purchase request and shipment through the platform confers on the Agent a mandate to purchase the products in person on its behalf for the price set by the retailers. The Customer may be in direct contact with the Agent both during the placing of the order and during the delivery of the order in order to indicate to the Agent which product he/she is ordering.

Promotional codes and/or other offers or discounts

Promotional codes and/or other offers or discounts offered through the Platform must be correctly entered in the application prior to placing the order, otherwise their use will not be effective for the User and he/she will not be able to enjoy them.

Provided that a cancellation is requested by Last under the terms described in paragraph 9 below, the Customer will maintain the validity of the promotional code and/or other offers or discounts for future use. When the cancellation is requested by the User, the provisions of section 9 below shall apply.

Last reserves the right to cancel promotional codes and/or other offers or discounts offered when it becomes aware of fraudulent use of the same (i.e. redeeming a promotional code when you are not the legitimate recipient of the same, mass transmission of codes, selling discounts or codes, ….), and also reserves the right to apply penalties to users for the amount of the fraudulent use of the Company.

Last assumes no responsibility if, due to force majeure or events beyond its control or whose necessity is justified, it is forced to cancel, shorten, extend or modify the conditions of the promotions.

In particular, Last assumes no liability in the event that the website is unavailable at any time during the promotions or in the event of a malfunction of the automated system of the promotions.

Right of withdrawal and cancellation of orders

In accordance with the very nature of the service offered by Last, the User is aware that once a Mandatee has voluntarily accepted an order, the execution of the purchase mandate is considered to have begun and therefore the User may not have the right to withdraw from the service request free of charge.
Notwithstanding the foregoing, cancellation costs may depend on the following factors;

If the restaurant or establishment has accepted and started to prepare the order, the amount of the products will be charged. Acceptance by the restaurant will be communicated to the user through the Platform and/or by sending an email to the address registered by the user.

If the user cancels the order after the Agent has agreed to process it, the user will be charged the cancellation fee. The user will be notified of the acceptance by the Agent through the Platform.

In the event that the restaurant or establishment and the Mandatary have accepted the processing of the order, the user will be charged the price of the products and the cancellation fee.

The User may consult the total cancellation costs for each order by clicking on the “Cancel” button on the Platform. In advance, the User will be shown the charge that will be applied according to the factors described above.

If, at the time of cancellation of the service, the Mandatee has already made the ordered purchase of the product or the contracting of a service, the user may instruct the Mandatee to return the product or service. For this purpose, the User shall pay the total cost of acquisition of the products and the delivery costs, as well as the cost of the return service. In the event that the Mandatary has been able to return the product, the value of the product will be refunded to the User, who must, as mentioned above, pay the cost of the two collection and delivery services, as well as the cost of return. The return in any case will be subject to the return policies of the trade, so the Customer declares to be aware that in the case of perishable products (i.e. food), it is possible that you can not proceed to the return and therefore, Last shall be entitled to charge both the product that the Mandatee had already purchased under its mandate, and the shipping service incurred. In the event that the Customer has incorrectly indicated the delivery address of the products, he/she may enter a new address at any time provided that it is within the same city of the initial order and provided that it is a city where Last offers its intermediary service. In this case, the Customer will be ordering a new service and accepts to be charged the amounts corresponding to the new delivery. In case of being in another city than the one initially indicated, this cannot be modified to be delivered in a new city and the order will be cancelled, and the Client will have to assume the costs generated as established in this clause. Last reserves the right to cancel an order without just cause. In case of cancellation urged by Last, the User shall be entitled to a refund of the amount paid. Last has official complaint forms available to the consumer, for the purpose of the service offered by Last, in the official languages of the countries where Last operates. The aforementioned complaint forms may be requested by the consumer through the customer service Last and will be sent automatically the option to access them. The consumer must specify in the email and the exact location from which the request is made, which must coincide with the place where the service is provided, in case of doubt, the latter will be the place where the claim must be filed.

10. Purchase of alcoholic beverages

Users who place an order involving the purchase and/or delivery of alcoholic beverages through the platform must be of legal age, having reached 18 years of age. By placing an order that includes alcoholic beverages, the User confirms that he/she is at least 18 years of age. Last reserves the right to refuse to allow the purchase order and/or delivery of alcohol to any person who cannot prove to be at least 18 years of age.

This clause shall be of identical application to any other similar product and/or service reserved to the age of majority according to current legislation and which is requested by a User through the Platform.
Likewise, in the cases and in the cities where the sale and/or delivery of alcoholic beverages is restricted in a certain time slot, the User is responsible for placing orders during the hours allowed according to the applicable regulations. Last reserves the right to refuse to allow the purchase order and/or delivery of alcohol outside of the permitted hours.

11. Geolocation

Last may collect, use and share precise location data, including the real-time geographic location of the User’s computer or mobile device, if authorized by the User. This location data may be collected and used by Last to show Users the location of the origin of an errand and/or the location of the destination origin. In this sense, Users expressly consent that their geolocation data may be shared with other Users and Providers in order to carry out the requested service at any given time. Users may choose to disable Geolocation on their devices as detailed in the Data Privacy Policy.

It is the User’s responsibility to provide the correct pick-up and delivery addresses. In this sense, Last is not responsible for any error or omission in the User’s entry.

12.User Obligations

Users are fully responsible for access and proper use of their profile and other contents of the Platform subject to the laws in force, whether national or international of the country from which you use the Platform, as well as the principles of good faith, morality, decency and public order. And specifically, it acquires the commitment to diligently observe the present General Conditions of Use.

Users are responsible for correctly entering individual, non-transferable and sufficiently complex usernames and passwords, as well as for not using the same username and password as on other platforms, in order to protect their account from fraudulent use by third parties outside the platform.

Users shall refrain from using their profile and other content of the Platform for illegal purposes or effects and that are detrimental to the rights and interests of others, or in any way damage, disable, affect or impair the Platform, its contents and services. Likewise, it is forbidden to prevent the normal use or enjoyment of the Platform to other Users.

Last cannot be held editorially responsible, and expressly declares that it does not identify with any of the opinions that may be issued by Users of the Platform, for the consequences of which the issuer is entirely responsible.

Those who fail to comply with such obligations shall be liable for any loss or damage they may cause. Last shall not be liable for any consequence, damage or harm that may arise from such unlawful access or use by third parties.

In general, Users undertake, by way of example and not limitation, to:

• Not to alter or modify, in whole or in part, the Platform by circumventing, disabling or otherwise manipulating the functions or services of the Platform;
• Not to infringe industrial and intellectual property rights or the rules governing the protection of personal data;
• Not to use the Platform to slander, defame, intimidate, violate the self-image or harass other Users; – Not to access the e-mail accounts of other Users;
• Not to introduce computer viruses, defective files, or any other computer program that may cause damage or alterations in the contents or systems of Last or third parties;
• Not to send mass and/or repetitive e-mails to a number of people, nor to send e-mail addresses of third parties without their consent;
  Not to advertise goods or services without Last’s prior consent.

Any User may report another User when he/she considers that he/she is in breach of these Terms and Conditions of Use, and all Users may report to Last any abuse or violation of these Terms and Conditions through the Contact Form. Last will verify this report, as soon as possible, and will adopt the measures it deems appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Conditions of Use. Last also reserves the right to remove and/or suspend any message with illegal or offensive content, without prior notice or further notification.

13.User Termination

The User may unsubscribe from the Platform by sending an e-mail through the Contact Form.

14.Responsibility of Last

The User is responsible for having the services and equipment necessary for Internet browsing and for accessing the Platform. In the event of any incident or difficulty in accessing the Platform, the User may inform Last through the contact channels made available to the User, who will proceed to analyze the incident and provide the User with indications on how to resolve it as soon as possible.

Last does not control and is not responsible for the content posted by Users through the Platform, being these the only responsible for the legal adequacy of such content.
Last shall not be liable in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, nor for interruptions of the Internet network or for any other reason beyond its control.

Last is not responsible for any security errors that may occur or damages that may be caused to the User’s computer system (hardware and software), files or documents stored therein, as a result of:

The presence of a virus in the User’s computer system or mobile terminal used to connect to the services and contents of the Platform;
Browser malfunction;
The use of non-updated versions of the same.

15. Liability for contents

Last has no obligation to monitor and does not control the use that Users make of the Platform and, therefore, does not guarantee that Users use the Platform in accordance with the provisions of these General Conditions of Use, nor that they make diligent and/or prudent use of the Platform. Last has no obligation to verify and does not verify the identity of the Users, nor the veracity, validity, completeness and/or authenticity of the data provided by them.

Last will not verify products that may be picked up or shipped through orders placed through the Platform. For this reason, both the User and the Agent exempt Last from any liability that may arise from the provision and/or transportation of products that require specific permits or licenses, as well as products prohibited by any applicable regulations. In the event that Last becomes aware that the User and/or the Agent are using the APP to transport prohibited products, Last may initiate an internal investigation to clarify the facts, take the necessary legal measures and/or block the corresponding User or Agent until the completion of the possible investigation. Among the measures available to Last is to make available to the authorities the data and information of Users and Agents.

Last excludes any liability for damages of any kind that may be due to the unlawful use of the Platform by Users or that may be due to the lack of accuracy, validity, completeness and / or authenticity of the information that Users provide to other Users about themselves and, in particular, but not exclusively, for damages of any kind that may be due to the impersonation of a third party made by a User in any kind of communication made through the Platform. In particular, Last is not responsible for the use of the application as well as for the orders that a third party may place from the User’s account.

Notwithstanding the foregoing, Last reserves the right to limit, in whole or in part, access to the Platform to certain Users, as well as to cancel, suspend, block or delete certain types of content, through the use of technological tools suitable for this purpose, if it has actual knowledge that the activity or information stored is unlawful or that it harms property or rights of a third party. In this sense, Last may establish the necessary filters in order to avoid that through the service may be poured into the network illegal or harmful content. The provision by Users of content through the Platform shall entail the transfer in favor of Last of all exploitation rights derived from the content provided on the Platform.

16. “No guarantee” clause in the messages and payments.

Last makes no warranties with respect to the authenticity, accuracy, timeliness, reliability, legality or non-infringement of third party rights by the Mandataries. In this sense, the Users state that they understand that Last is a technological platform, whose main activity is intermediation, that is, it puts Clients and Agents in contact, and therefore does not assume any responsibility derived from the information provided by the Agents nor for the damages or losses that they may eventually suffer due to a breach of these General Conditions of Use. By placing the order through the APP and its acceptance by the Agent, a direct relationship will be established between the User and the Agent, being Last alien to it, facilitating only the APP so that the Parties can communicate and place as many orders as necessary. Therefore, Last shall never be responsible for the availability of the Agents nor for the proper and satisfactory performance of the errands by them.

Last does not make any confirmation, nor does it validate any Mandatory or their identity or background. Notwithstanding the foregoing, Last may from time to time perform additional checks and implement procedures to assist in verifying or checking the identities of the Agents. In this sense, when a User reaches the status of Mandatory, this simply indicates that such User has completed the corresponding registration process and has accepted these General Conditions of Use and any other particular conditions that may be applicable. It does not imply any certification or endorsement of its reliability, suitability and/or safety by Last.

Therefore, Last recommends that Clients always use common sense and full attention when delegating an errand to a particular Agent.

By being members of the Platform, Users agree that any legal liability they may seek to exercise as a result of actions or omissions of other Platform Users or third parties shall be limited to such Users or third parties, and no liability action shall be brought against Last.

17. Updating and Modification of the Platform

Last reserves the right to modify, at any time and without prior notice, these Terms of Use, the Privacy Policy and the Cookies Policy. Users should carefully read these General Terms and Conditions when accessing the Platform. In any case, the acceptance of the General Conditions will be a prior and indispensable step to access the services and contents available through the Lastapp Platform.

Also, Last reserves the right to make, at any time and without prior notice, updates, modifications or deletion of information contained in its Platform in the configuration and presentation of it and the conditions of access, without assuming any responsibility for it. Last does not guarantee the absence of interruptions or errors in accessing the Platform or its content, nor that it is always updated, however, Last will carry out, provided that there are no causes that make it impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections or lack of updating in the content, all efforts to correct errors, restore communication and update the content.

18. Intellectual Property

Last is the owner or licensee of all intellectual and industrial property rights included in the Platform as well as the contents accessible through the Platform. The intellectual property rights of the Platform, as well as: texts, images, graphic design, navigation structure, information and contents contained therein are owned by Last, who has the exclusive rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.

Notwithstanding the foregoing, Last may not own or license content such as names or images, among others, of companies with which Last has no business relationship. In such cases, Last acquires the content from publicly available sources and in no event shall Last be deemed to be in any way connected with any rights owned by Last.

The authorization to the User for access to the Platform does not imply any waiver, transmission, license or total or partial transfer of intellectual or industrial property rights by Last. The contents of the Last Platform may not be deleted, circumvented or manipulated in any way. It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents included in the Last Platform for public or commercial purposes, without the express written permission of Last or, where appropriate, the holder of the corresponding rights.
The User who proceeds to share any content through the Platform, ensures that holds the necessary rights to do so, Last being exempt from any liability for the content and legality of the information provided. The provision of content by Users through the Platform will involve the transfer to Last, free of charge, and to the fullest extent permitted by law, the rights of exploitation of intellectual or industrial property derived from such content.

19. Independence of Clauses

If any of the clauses of these General Terms and Conditions are null and void or voidable, they shall be deemed not to have been included. Such declaration of nullity shall not invalidate the rest of the Contract, which shall remain in force and effect between the Parties.

20. Applicable Legislation

The relationship between Last and the User shall be governed and interpreted in accordance with the General Conditions, which in matters of interpretation, validity and execution shall be governed by Spanish law; and any dispute shall be submitted to the Courts of Barcelona, unless the User requests the courts of his domicile of residence.

21. Out-of-court dispute resolution

Disputes or controversies that take place outside the European Union shall be subject to resolution by the Spanish Court of Arbitration of the Chamber of Commerce.

This Terms and Conditions document has been dated 02/1/2024.

If you enjoyed reading our terms and conditions you may also be interested in reading our legal notice.

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