3.5 Ocadolife magazine subscription and product samples

Terms & Conditions:
Smart Pass

Smart Pass is a combined pass that incorporates Delivery Pass and Saving Pass. Anywhere you see references to Delivery Pass and Saving Pass in our communications or mobile apps, please read it as Smart Pass. Please ensure you are using the latest version of the app.

Ocado Delivery Pass and Ocado Saving Pass have been combined to make the new Ocado Smart Pass. Mobile Users should update their app.

Please read this carefully. By purchasing an Ocado Smart Pass membership on this website you are agreeing to the terms that appear below which will apply to all purchases of Ocado Smart Pass memberships by Ocado customers. These Terms & Conditions were most recently updated on 12/02/2013.

1 PURCHASE OF OCADO SMART PASS MEMBERSHIP

1.1 This website is operated by Ocado Retail Limited ("we", "us" or "our"). Purchase and use of the Ocado Smart Pass are governed by these Terms & Conditions, Ocado's standard Terms & Conditions of purchase and its Privacy Policy .

1.2 The Ocado Smart Pass is only available to end consumers 18 years or older using Ocado for private use and is not available for Business Customers, legal entities or for customers who purchase items for business use or for the purpose of resale.

1.3 You must have an Ocado account to sign up for and use the Smart Pass. We reserve the right to accept or refuse membership at our discretion. Your contract for your Smart Pass will begin once you receive email confirmation of your Smart Pass membership. You may not transfer or assign your membership or the benefits of such membership.

1.4 You accept and acknowledge that the purchase of a Smart Pass entitles Ocado customers to benefits and discounts when you make further purchases at Ocado.

2 MEMBERSHIP FEE, CANCELLATION AND RENEWAL

2.1 The Smart Pass membership fee will be the fee displayed on the Ocado website at the time you purchase your Smart Pass membership or when your membership is renewed. This fee is non-refundable except as expressly set out below.

2.2 You have the right to change your mind and cancel your Smart Pass membership within 14 days (counted from the day after the acceptance of your membership is confirmed) provided you have not used your membership in that time. If you do decide to cancel you must do so by sending an e-mail to memberships@mailocado.com , and we will issue you with a full refund for the cost of the membership.

2.3 If you have purchased a Smart Pass using a special offer voucher (giving money off your grocery order on condition that you simultaneously purchase an Ocado Smart Pass) and you subsequently cancel your membership, we will issue you with a refund equal to the cost of the membership less the value of the special offer voucher redeemed. The same 14-day time period and non-usage restriction set out in clause 2.2 continue to apply.

2.4 If you wish to cancel your Smart Pass at any other time please call our call centre on 0345 656 1234.

2.5 Your Smart Pass membership will be automatically renewed monthly, or for 6 or 12 months at the end of your minimum term (depending on the type of membership you have purchased). We will contact you by email to remind you of this 28 days prior to the relevant renewal date. Unless you notify us before renewal that you wish to cancel your membership or do not want to automatically renew, you understand that your membership will automatically renew and you authorise us to collect the then-applicable membership fee from the payment card we have on record for you. Your initial sign up to purchase an Ocado Smart Pass is an authorisation for us to use this payment card.

2.6 If, before renewal, you decide to cancel your Smart Pass membership or you do not want to automatically renew, please call our call centre on 0345 656 1234.

2.7 Ocado reserves the right to change the membership fee for future renewals or memberships from time to time. Smart Pass memberships fee changes will not take effect until the end of the relevant minimum term and we will contact you by email giving you 28 days notice of any change in fees before they go into effect. Your continued membership in any of the Smart Pass membership schemes after we change the membership fees constitutes your acceptance of these changes and the payment card we have on record for you will be used to collect the new membership fee. If you do not agree to any fee changes, then you must cancel your membership by calling our call centre on 0345 656 1234.

2.8 Your Smart Pass membership begins on the day that Ocado confirms that your membership has been activated, and expires on the day before the date you originally purchased your Smart Pass membership unless such a date does not exist. If this is the case, then the renewal date will become the previous calendar day. For example, if your Smart Pass membership is due to be renewed on the 31st day of a month, there will be some instances when it will be renewed on the 30th day of a month.  

2.9 How do I end my Smart Pass free trial? If you don't want to continue with your Smart Pass trial, simply call us on 0345 399 1122 or send an email to ocado@ocado.com – we're here from 8am to 11pm seven days a week.

3 MEMBERSHIP BENEFITS

3.1 For payment of your membership fee, an Ocado Smart Pass membership entitles you to:

3.2 Deliveries without further charge

3.2.1 Your Smart Pass membership does not guarantee a delivery slot; it means that if a delivery slot is found on the Ocado slot booking page, there will be no additional delivery charge for that slot.

3.2.2 The Smart Pass only applies to the type of deliveries that Ocado offers at the time you sign up to membership.

3.2.3 You may receive one such delivery per day from Ocado for the length of membership selected and only on the days specified in your membership scheme without paying any additional delivery charges except for during the Christmas delivery period (see 3.2.2) and fair use policy set out at 4.3.

3.2.4 The Christmas delivery period is from 20 December to 24 December inclusive and you will not be entitled to receive any deliveries without further charge during this time. Neither will you be guaranteed a Christmas delivery slot.  You will however be entitled to priority access to booking a slot in this period in accordance with clause 3.3

3.2.5 Orders already placed when Smart Pass membership is activated will be subject to Ocado's delivery charges applicable at that time unless the delivery slot is changed once the membership has been activated (in which case the order shall not be subject to any additional delivery charge). All deliveries will be subject to Ocado's normal delivery policies which means:

    1. a limited number of delivery slots are available on each day; and
    2. deliveries may not be available on designated days including but not limited to some public holidays.

3.3 Priority access to Christmas delivery slots

3.3.1 You will receive priority access to book Christmas delivery slots during a Christmas delivery period before the slots are released generally to all Ocado customers for booking. This means that only customers who sign up BEFORE the first release of Christmas slots - typically early October, will be eligible for priority access to Christmas slots in that year.

3.3.2 The Christmas delivery period is from 20 December to 24 December inclusive.  You may book a maximum of 2 deliveries during the Christmas period, of which no more than 1 can be booked for delivery during the period 23 - 24 December. You will have to pay for any slots booked during this period.   Further, Ocado Smart  Pass members will not be guaranteed Christmas delivery slots (just as they are not guaranteed delivery slots throughout the rest of the year). Ocado Smart Pass members should be aware that Christmas delivery slots are reserved extremely quickly and Ocado disclaims all liability in the event that a Smart Pass member is not able to obtain a Christmas delivery slot.

3.4 Save at least 10% on selected items

3.4.1 You will receive fixed discounts on selected branded products from Ocado within the Smart Pass group for the length of membership (and any renewal).  Different products may have different discounts applied to them, which shall remain fixed for the length of membership (and any renewal).  Discounts are based on the Ocado selling price at the time of your purchase of those items.

3.4.2 Products within the Smart Pass group will be shown to you at the time you sign up and  we reserve the right to remove or add products from the Smart Pass, from time to time at our sole discretion.  For example, if a product is delisted or discontinued then it will be removed from Smart Pass.

3.4.3 Products offered within the Smart Pass are subject to availability and prevailing market conditions. We may limit the quantities of products supplied to any one Smart Pass customer(s) if in our opinion the quantity ordered jeopardises availability for other Ocado Smart Pass customers.

3.4.4 In the event of non-availability of any products you order that are offered within Smart Pass, we may offer a reasonable substitute. This may affect the product price you pay, however, you will still receive the same percentage discount on the substitute product that you would have received had the original product in Smart Pass been available. You may reject any substitute item and we will refund the amount you have been charged for that substitute. It is our policy to identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time.

3.4.5 If a product within Smart Pass is also subject to a promotional offer on the Ocado website (for example: buy one, get one free) you will receive the larger discount of the two, but not both. For example, if we calculate that you will receive a larger saving from the promotional offer than the discount offered via the Smart Pass,  then the promotional price will be applied (and not the Smart Pass discount).

3.4.6 Orders already placed when your Smart Pass membership is activated will be subject to the product prices applicable at that time (without any Smart Pass discount(s) applied) unless the delivery slot is changed once your Smart Pass membership has been activated (in which case the order shall then have the Smart Pass discounts applied to the relevant products as appropriate).

3.5 Ocadolife magazine subscription and product samples

You will be eligible to receive the Ocadolife magazine subject to availability, with an online version available once physical stocks are exhausted. You will also be eligible for any product samples we believe may be of interest to you if you place an order during availability and while stocks last.

3.6 Anniversary gift

You will receive a gift by email to mark the anniversary of your Ocado account registration. You will be able to redeem your gift in the next order you place with us.

4 OTHER INFORMATION

4.1 Your Ocado Smart Pass membership does not:

4.1.1 commit you to buying a set amount of products from us or receive a certain amount of deliveries;

4.1.2 restrict the amount of products you may purchase, subject always to clause 3.4.3 and the fair usage policy set out at clause 4.3 below; or

4.1.3 guarantee that the products within the Smart Pass group will be in stock.

4.2. Smart Pass membership is covered by a fair usage policy as set out below:

4.2.1. it may only be used by the named account holder and is not transferable.

4.3 We will issue Smart Pass members with regular emails providing information about the Smart Pass and your use of it, which you consent to receive by accepting these Terms & Conditions when you sign up for membership of the  Smart Pass.

4.4 We reserve the right to change or withdraw your Smart Pass membership benefits (or any element of them) at any time. For those memberships with a minimum term, such changes will not take effect until the end of the relevant minimum term and we will contact you by email giving you 28 days notice of any such changes. In the case of memberships with no minimum term, Ocado will contact you by email giving you 28 days notice of any change to your membership benefits before they go into effect.

4.5 If you feel that a change in your Ocado Smart Pass benefits is to your disadvantage, then please contact our call centre on 0345 656 1234. Otherwise, your continued membership after we notify you shall constitute your acceptance of these changes and you acknowledge that your right to these benefits will cease at the end of the notice period. Ocado will not be liable for any losses resulting from any changes to, or termination or withdrawal of, any Ocado Smart Pass benefits.

4.6 The discounts offered as part of your Smart Pass shall be applied to all Tesco Price Match/ Low Price Promise products.

4.7 All orders that make use of your Ocado Smart Pass must meet all Ocado's Terms & Conditions of Purchase, including any minimum purchase order requirements after the relevant Smart Pass discounts have been deducted.

4.8 Delivery may be made to any of your addresses specified by you in the "Details & Settings" section of your account on the Ocado website. You must notify us if you move home so that we can ensure that deliveries are made to the correct address.  

5 TERMINATION

5.1 Ocado reserves the right to monitor usage of the Smart Pass service and to terminate such membership (upon notice) if it believes, in its sole discretion, that:
    • the membership is being used in breach of the fair usage policy;
    • if a customer is in breach of any other of the Terms & Conditions relating to the Smart Pass or the Ocado Terms & Conditions of Purchase; or
    • a Smart Pass member has engaged in conduct that involves fraud or misuse of a Smart Pass membership or is harmful to our interests.
In the case of such termination by Ocado, no refund will be given.

5.2 If orders are not paid for in full or a customer's bank declines payment on a customer's bank card and as a result money is owing to Ocado, then Ocado reserves the right to suspend the customer's ability to place further orders on the Ocado website until such time as the outstanding balance has been paid in full. In this event, the Smart Pass member will forfeit the use of their membership for the period of the suspension and shall not be entitled to receive a refund of the membership fee or an extension to the duration of their membership.

5.3 You understand that if the payment card we have on record for you is unavailable (in that we cannot successfully charge the applicable renewal fee), or if we don't have any stored payment card details for you, then your membership shall be automatically suspended. Your membership shall not become active again until you change or update your payment card details to a card that can successfully be charged the applicable renewal fee.

If your membership is suspended and you are a member of a monthly Smart Pass membership scheme, then your monthly renewal dates over the minimum term and beyond, as applicable, will remain the same when your membership becomes active again. All subsequent orders placed following any such suspensions will be subject to Ocado's delivery charges applicable at that time.

5.4 Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

5.5 Ocado reserves the right to make improvements or changes to these Terms & Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If we make any material changes then we will contact you by email giving you 28 days notice of any such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.