Terms & Conditions

Gophr Terms and Conditions for the supply of Courier Services

The terms and conditions set out below along with the Schedules attached to it are together the Agreement on which Gophr is prepared to provide Courier Services for Packages. When a Booking is made on the Gophr Platform to provide Courier Services, it is an offer to make use of those Courier Services. A binding contract between Gophr and a Customer will come into being when Gophr accepts the Customer’s offer.

1. Definitions and interpretation

1.1. Definitions

Booking	means either a) a request by the Customer to carry a Package from the Collection Point to a Delivery Point at a particular date and time (a Single Booking) or b) a request by the Customer to carry multiple Packages from Collection Points to  Delivery Points at a particular date and for a particular period (a Shift Booking), in either case  subject to Gophr’s Fee quote and the provisions of this Agreement.
Collection Point	means the address a Package is to be collected from as notified by the Customer to Gophr at the time of the Booking.
Gophr	means Gophr Limited, a company registered in England and Wales under company number 8872811, with its registered office at Spitalfields House 1st Floor, Stirling Way, Borehamwood, England, WD6 2FX.
Gophr Services	means carriage of a Package by Gophr or its appointed subcontractor from the Collection Point to the Delivery Point by use of a Vehicle subject to the provisions of this Agreement.
Customer	means a person or company who makes a Booking for Gophr Services.
Delivery Point	means the address a Package is to be delivered to as notified by the Customer to Gophr at the time of the Booking (or in the case of a Shift Booking during the course of Gophr providing the Gophr Services).
Fee(s)	means the amount Gophr charges to provide the Gophr Services to a Customer as notified to the Customer at the time of the Booking.
Force Majeure Event	an event or series of events occasioned by any circumstances beyond its reasonable control, including but not limited to an act of God, the effect of ionising radiation or uncontrolled nuclear reaction, act of war, hostilities, riot or civil commotion, or the threat or fear of such conditions prevailing; criminal, malicious or negligent acts or omissions of third parties; any industrial action; any suspension or cancellation of transport services by reason of the presence, threat or fear of bad weather, fire, flood or any of the matters set out in this definition; epidemic or pandemic; and traffic congestion, mechanical breakdown, or the obstruction of any public or private highway.
Gophr Platform	means the website application located at gophr.com (including subdomains), accessible via API, via integrations with third party booking platforms, or via the Gophr app.
Login Details	means all registration details, passwords and login details for the Gophr Platform.
Package	means any item that the Customer wishes Gophr to collect from the Collection Point and deliver to the Delivery Point.
Specification	means the specific Gophr Services to be provided by Gophr under this Agreement and set out on the Gophr Platform or in an email to the Customer.
Vehicle	means any car, motorcycle, van or other form of transport used by Gophr to fulfil a Booking.

1.2. Interpretation

Any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment.

2. Customer Registration

2.1. All Customers who wish to arrange for the delivery of Packages via the Gophr Platform must register using an online registration form. By registering, Customers warrant that:

a. they are legally capable of entering into binding contracts;

b. they are at least 18 years old; 

c. they have not previously registered with Gophr Platform and had their registration suspended or terminated; and 

d. the information provided to Gophr is at all times true, accurate and complete and undertake that any changes to such information is promptly notified to Gophr.

 

2.2. Registering Customers consent to Gophr conducting verification and security checks as part of the registration process.

2.3. Customers registering as a business entity warrant and represent that they have the authority to bind the entity to these terms.

2.4. Gophr has no obligation to accept any Customer registration and may reject or prohibit any registration at its sole discretion.

2.5. All registered Customers are required to keep all Login Details confidential and secure.

3. Booking and Tracking Packages

3.1. The Gophr Platform allows for the automated booking by the Customer without any human intervention. Gophr does not check Bookings before providing the Gophr Services and accepts no liability for any errors or omissions in the Booking. It is therefore essential that the Customer correctly enters all details required for the Booking so that the correct Gophr Services and Fees are displayed. Fees are based on the information provided by the Customer when making a Booking.

3.2. Gophr will use reasonable endeavours to update the Customer in real time at twenty (20) second intervals and at each stage of the journey (e.g. en route, collection, delivery) to track the Package.

4. Gophr Services

4.1. Gophr shall provide the Gophr Services on the dates and at the times requested by the Customer, subject to:

a. the Customer making a Booking on the Gophr Platform, or by exception via email correspondence;

b. Gophr accepting the Booking; and

c. the Customer  committing to paying the Fee quoted at the time of Booking on the payment terms specified below.

 

4.2. Gophr is not a common carrier and shall only accept bookings subject to the provisions of this Agreement and reserves the right to refuse carriage to any Customer or Package.

4.3. Subject to express instructions given by the Customer and agreed by Gophr, Gophr shall, at its complete and sole discretion, be able to choose the method of carriage, the type of Vehicle and the route to be used for the carriage of any Package.  Gophr may use its own workers to carry out the deliveries or subcontract the deliveries to independent contractors, entirely at Gophr’s discretion. If Gophr at any time considers that it is necessary or desirable in the Customer’s interest to depart from the Customer’s express instructions, it may do so.

5. Carriage of Packages

5.1. The Booking details set out in clause 5.2 must be entered accurately on the Gophr Platform. If the these are incorrect, Gophr is entitled, acting reasonably, to refuse carriage and a cancellation fee of 100% of the minimum price for the selected vehicle will be payable (instead of the full fee payable).

5.2. When making a Single Booking, the Customer shall inform Gophr of:

a. the number of Packages requiring carriage;

b. the size, weight and dimensions of each Package;

c. the nature of the contents of each Package;

d. the place(s) where the Package(s) are to be picked up, preferably with postcode(s);

e. the destination(s) to be reached, preferably with postcode(s);

f. the date and time of carriage;

g. the date and time for delivery of the Package(s);

h. any special requirements regarding the handling or transportation of the Package(s); and

i. a direct telephone number and relevant contact details for the person or organisation which is to receive the Package(s).

 

5.3. When making a Shift Booking, the Customer shall inform Gophr of:

a. the date, start time and end time of the shift;

b. the starting place of the shift, preferably with postcode;

c. the approximate number of Packages requiring carriage; and

d. any special requirements regarding the Vehicle(s) to be used

 

5.4. When Gophr accepts a Booking, Gophr shall use reasonable endeavours to:

a. collect the Package from the Collection Point;

b. deliver the Package to the Delivery Point;

c. comply with any notified collection, delivery or handling instructions of the Customer;

d. obtain a receipt for the delivery of Packages at the Delivery Point; and

e. comply with any times agreed with the Customer for collection and/or delivery.

 

5.5. Gophr shall ensure that Packages are at all times from Collection to delivery in the custody of a responsible person.

5.6. Prohibited items and other restrictions are set out in Schedule 2. Gophr reserves the right to open, inspect or scan any Package at any time, but shall not be obliged to do so, but does not undertake to intercept any Package in course of carriage before delivery has been attempted.

5.7. Gophr undertakes only to deliver to the Delivery Point which may be doorstep delivery, not to any specified person. Gophr shall not be liable if any person at the delivery address misrepresents their authority to receive a Package on the addressee’s behalf.

5.8. Gophr shall retain photographic evidence or other confirmation of delivery, which may be in electronic form and which shall constitute proof of delivery. Gophr shall retain a copy of such confirmation until 6 months from the date of delivery, subject to payment of the Fees. Such a receipt shall be conclusive evidence as to the fact and time of delivery of the Package and, apart from any observation to the contrary noted on the receipt, evidence that the Package was delivered in good condition.

5.9. Gophr will pick up the Package at the Collection Point and deliver it to the Delivery Point within the appointed delivery window. Should Gophr not be able to deliver for any reason attributable to the Customer or their recipient, clause 6.2 will apply. 

6. Fees and other sums payable

6.1. The Customer shall pay all charges due to Gophr in consideration for Gophr providing the Gophr Services . Charges include Fees, waiting time charges and any Surcharges or cancellation fees that may apply.

6.2. A surcharge of 100% of the Fee (“Surcharge”) in addition to the Fee remaining payable may be applied when Gophr tries to deliver the Package and is unable to deliver in accordance with the Booking or the receiver refuses to take delivery and the Package needs to be sent back to the collection point or if it is not in the reasonable opinion of Gophr possible to leave the Package in a safe place at the Delivery Point. After 2 attempts to contact the Customer have failed or it has been confirmed the collection or delivery cannot be made when scheduled, the Customer will be liable for the Surcharge. 

6.3. All jobs are inclusive of ten (10) minutes waiting time from arrival at Collection / Delivery Points, after which any further waiting time will be charged to Customers and payable on a per minute basis. The rates for waiting time are set out in Schedule 1.

6.4. The weight and dimensions of the Customer’s Package must be entered accurately on the Gophr Platform. On receiving the Booking details Gophr will be making a judgment as to whether they have room to take the Package before they provide a Fee quote therefore if the Package is significantly heavier or larger than the stated weight/ size, Gophr is entitled, acting reasonably, to refuse to take the Package and a Cancellation Fee of 100% of the minimum price for the selected vehicle will be payable (instead of the full fee payable) as set out in Schedule 1.

6.5. All amounts stated are exclusive of VAT and / or any other applicable taxes, which will be charged in addition at the rate in force at the time the Customer is required to make payment.

6.6. All sums due to Gophr under this Agreement shall be paid when due without any deductions, and payment shall not be withheld or deferred on account of any claim, counterclaim or setoff.

6.7. If the Customer does not make a payment by the date stated in an invoice or as otherwise provided for in this Agreement then Gophr shall be entitled:

6.7.1. to charge interest on the outstanding amount at the rate of 8% a year above the base lending rate of Barclays Bank plc, accruing daily;

6.7.2. to require the Customer to pay, in advance, for any further Gophr Services (or any part of the Gophr Services) which have not yet been performed; and

6.7.3. not to perform any further Gophr Services (or any part of the Gophr Services).

6.8. When making a payment the Customer shall quote relevant reference numbers and the invoice number, if applicable.

7. Suspension and termination

7.1. Gophr shall use its reasonable endeavours to provide the Gophr Platform at all times. However, Gophr shall be entitled at its own discretion and upon notice, to suspend the Gophr Platform whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable for any such suspension or non-availability of the Gophr Platform.

7.2. Gophr may suspend or terminate a Customer’s access to the Gophr Platform in the event that:

a. Gophr has reason to believe that a Customer or someone using a Customer’s Login Details, has failed to comply with one or more of these terms;

b. Gophr has reason to believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Gophr Platform (in whole or in part); or

c. Gophr has reason to believe that a Customer has provided it with any false, inaccurate or misleading information.

 

8. Warranties

8.1. The Customer represents, warrants and undertakes that they are either the owner or the authorised agent of the owner of any goods which they request Gophr to carry; all Packages submitted to Gophr for carriage shall comply with the provisions of this Agreement (which for avoidance of doubt includes Schedule 1 and Schedule 2), be properly labelled and prepared by reliable staff employed by them and protected against unauthorised interference during their preparation, storage and transport to Gophr; and they are authorised to accept and accepts this Agreement not only for themselves but also for all other persons who are or may subsequently become interested in the goods.

8.2. Gophr warrants that it will use reasonable care and skill in performing the Gophr Services and provide them in accordance with this Agreement.

9. Customer Insurance, buyer protection and claims for compensation

9.1. The Customer may at their own expense insure the contents of any Packages while in Gophr’s custody for their full market value. Where the Packages and their contents are so insured, Gophr shall be under no liability to the Customer for any matter in respect of which a claim has been made or could be made under that policy notwithstanding anything to the contrary in this Agreement.

9.2. Where the Customer elects to purchase Standard Buyer Protection, Gophr’s total liability to the Customer under the compensation provisions set out below in respect of the applicable Package(s) shall be limited in the aggregate to £100 or the value of the applicable Package(s) if lower.

9.3. Where the Customer elects to purchase Enhanced Buyer Protection, Gophr’s total liability to the Customer under the compensation provisions set out below in respect of the applicable Package(s) shall be limited in the aggregate to the enhanced liability amount(s) selected, or if lower, the value of the applicable Package(s).

9.4. If the Customer claims compensation from Gophr for late delivery, mis-delivery, non-delivery, loss of or damage to any Package, the Customer shall substantiate any claim by providing to Gophr all relevant information about the Package, including proof of despatch, proof of value, estimates for cost of repair, invoices, and, in case of damage, the Package and its packaging for inspection.  In case of damage, Gophr shall have no liability to the  Customer if they do not provide the Package and its packaging for inspection. 

9.5. In case the Customer has purchased buyer protection, they shall notify Gophr in case of delay or damage to any Package, mis-delivery, non-delivery or loss of any Package, within 1 day of despatch of the Package and submit a claim for compensation with appropriate supporting evidence within 2 days of despatch of the Package.

9.6. Gophr may make such investigations as it considers necessary to satisfy itself of the validity of any claim.

10. Limitation of liability

10.1. Gophr shall not be liable for any delay, damage or other loss caused by the Customer’s act(s) or omission(s). Gophr shall have no liability to the Customer under this Agreement or otherwise except under the Buyer Protection Scheme. 

10.2. Gophr shall not be liable for any Force Majeure Event but shall take such steps as are reasonably practicable to begin or continue the carriage.

10.3. Gophr shall not be liable to pay compensation for loss of or damage to a Package:

a. caused by a latent or inherent defect or the natural deterioration of any contents of the Package;

b. containing goods excluded from carriage by any provision of this Agreement;

c. containing tickets for events, goods, transport or other services;

d. inadequately packaged, as determined by Gophr in its discretion and including but not limited to items not packaged appropriately to withstand a short drop and, in the case of fragile items, not clearly labelled as fragile and packaged appropriately to withstand jolts or movement typical of a driven journey;

e. incorrectly addressed, or accompanied by incomplete documentation;

f. despatched in contravention of this Agreement; or

g. where any person has been fraudulent or dishonest in any way in relation to that Package.

 

10.4. If it is proven that the loss, damage, delay, mis-delivery, non-delivery or non-compliance was solely due to Gophr’s negligence or default, Gophr shall pay compensation under its Buyer Protection Scheme for:

a. any loss or damage to goods; or

b. any delay in delivery, mis-delivery or non-delivery (in accordance with the table below); or

c. non-compliance with the Customer’s instructions.

 

Length of delay	Percentage refund
Less than 50% of the maximum window between pickup and delivery, or  30 mins whichever is greater	0%
More than 50% of the maximum window between pickup and delivery, or 30 mins whichever is greater	30% up to a maximum of £50
More than 100% of the maximum window between pickup and delivery, or 45 mins whichever is greater	60% up to a maximum of £100

 

11. Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. 

11.1. The Customer shall indemnify and hold harmless Gophr from and against all Claims and Losses arising from loss, damage, liability, injury to Gophr, its employees and third parties by reason of or arising out of any breach of the Customer’s obligations under this Agreement. Claims shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and Losses shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.

12. Data protection

Each party shall comply with all applicable data protection legislation and regulations in force (including but not limited to Council Regulation (EU) 2016/679 and the Data Protection Act 2018, and any modifications or re-enactments of them for the time being in force). Each party acknowledges that the Customer is the data controller and Gophr is the data processor with regard to personal data provided for the purpose of Package collection and delivery. The Customer has read and understood the Gophr’s Privacy Policy, and agrees that it is aligned with Customer’s data processing instructions and shall be interpreted to be the same. 

13. General

13.1. Amendments

No agent or any person employed by or under contract with Gophr has authority to alter or vary in any way this Agreement unless previously expressly authorised to do so by Gophrin writing.

13.2. Assignment

Subject to Clause 4.3 above and as appears in this Clause 12.2, neither party may assign, mortgage or charge any or all of its rights and obligations under this Agreement without the prior written agreement of the other party. A party may, however, assign and transfer all its rights and obligations under this Agreement to any person to whom it transfers all of its business, provided that the assignee undertakes in writing to the other party to be bound by the obligations of the assignor under this Agreement. 

13.3. Entire agreement

This Agreement contains the whole agreement between the parties in respect of the subject matter of this agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject matter. The parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.

13.4. Waiver

No failure or delay by either party in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.

13.5. Agency, partnership etc

This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this Agreement. Neither party shall have, nor represent that it has, any authority to make any commitments on the other party’s behalf.

13.6. Severance

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

13.7. Notices

Any notice to be given under this Agreement shall be in writing and shall be sent by first class mail to Gophr’s address specified in clause 1 and Customer’s address provided during the registration process or such other addresses as the parties may agree from time to time in writing. Notices shall be deemed to have been received 3 working days after the day of posting.

13.8. Law and jurisdiction

The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the parties submit save that the parties shall be entitled to commence injunctive or enforcement proceedings in any court of competent jurisdiction.

13.9. Third parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions, except that any sub-contractor of Gophr and the servants and agents of Gophr and any such sub-contractor are third parties to this Agreement within the meaning of that Act and shall be entitled to enforce this Agreement accordingly.

13.10. Third party links

The Gophr Platform may have links to the websites of third parties. These third-party websites are not the responsibility of Gophr and Gophr accepts no liability for the availability, suitability, reliability or content of such third-party websites and does not necessarily endorse the views expressed within them nor the products or services sold via them.

13.11. Intellectual property rights

Gophr and/or its licensors own all intellectual property rights in and to the Gophr Platform. Customers have no intellectual property rights in, or to, the Gophr Platform, save that Gophr hereby grants a non-exclusive, non-transferable, limited licence to the extent strictly necessary to access and use the Gophr Platform in accordance with these Terms. Customers are expressly prohibited from:

a. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Gophr Platform including, without limitation, any information, articles, photographs, images or submissions made available using the Gophr Platform; and

b. removing, modifying, altering or using any registered or unregistered marks/ logos/ designs owned by Gophr and/ or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Gophr or could be considered an infringement of any of the rights in the intellectual property owned by and/ or licensed to Gophr.

 

Schedule 1 – RATES

I. Waiting time charges

After the first 10 minutes of waiting at a Collection or Delivery Point, the following rates per minute shall apply:

Vehicle	Charge per minute
Bicycles	22p
Cargo Bicycles	24p
Motorcycles	26p
Parcel Cars	37p
Small Vans	42p
Large Vans	45p

 

II. Cancellation fee rates

Instead of the full fee that was quoted, upon cancellation the minimum price for the selected vehicle will be payable as follows: 

Vehicle	Base price	Initial charge per mile
Bicycles	£6.50	£1.40
Cargo Bicycles	£10.20	£2.21
Motorcycles	£7.35	£2.05
Parcel Cars	£12.25	£2.26
Small Vans	£19.50	£2.50
Large Vans	£25.50	£3.75

 

Schedule 2 – PROHIBITED ITEMS AND OTHER RESTRICTIONS

I. The Customer shall ensure that:

a. each Package is securely packed and correctly addressed with the full postal address, including postcode, of both the Collection Point and the Delivery Point, and, if possible, the telephone number of the recipient;

b. each Package which is fragile or cannot be rotated is clearly marked as such on the outside of the Package; and

c. they retain their copies of any despatch documentation.

 

II. Unless the parties agree otherwise in advance in writing, Gophr will not accept Bookings for any Packages the contents of which are of unusual value. If the Customer submits any such goods to the Courier for carriage otherwise than by special arrangement previously made in writing, Gophr shall be under no liability whatsoever in connection with the goods however arising. In particular, without limiting the generality of the above, the Customer shall not submit for carriage without Gophr’s prior written consent:

a. bullion, precious metals (unless part of a piece of jewellery), precious stones (unless part of a piece of jewellery), stamps;

b. cash and cash-like instruments including bank notes, specie and unnamed cheques;

c. bonds, treasury notes, negotiable instruments, securities; or

d. prepaid phone cards, cash cards, vouchers and similar.

 

III. Gophr will not carry dangerous or illegal goods. In particular, without limiting the generality of the above, the Customer shall not submit for carriage:

a. noxious, dangerous, hazardous, explosive or inflammable items, firearms including parts of firearms, ammunition or detonators, explosives, including fireworks or any goods likely to cause damage;

b. goods which might endanger human or animal life, which might taint or otherwise damage other goods being transported by Gophr, or the carriage, import or export of which is prohibited by applicable law; 

c. weapons, arms, ammunition or associated parts, accessories, materials, ingredients or technology, including deactivated and replica weapons;

d. blades of any kind longer than 1.5 inches, power tools such as chain saws, corrosives;

e. poisonous, toxic or radioactive substances and all other dangerous chemicals and biological agents;

f. illegal drugs and narcotics, including associated paraphernalia;

g. any written, printed or pictorial matter which is or might reasonably be held to be obscene, blasphemous, scandalous, defamatory, proscribed or prohibited in any country from, to or through which carriage is to take place; 

h. any article the possession of which is unlawful by the law of any country from, to or through which carriage is to take place; 

i. Items which may suffer loss, damage, deterioration or depreciation caused by variation in temperature (except where caused by an accident to the conveying vehicle);

j. Items which suffer any mechanical, electronic or electrical derangement unless caused by external means;

k. living or dead animals, reptiles or other creatures (not including legal animal products such as leather);

l. parcels strapped or otherwise attached together; or 

m. Any item packaged in a dangerous or hazardous container.

 

IV. Perishable or temperature-sensitive goods are carried provided that the Customer accepts that they are carried at the Customer’s risk and that Gophr does not provide any special handling for such goods.

V. Gophr shall be under no liability in respect of the safekeeping of the Packages booked in breach of this Schedule 1, and the Packages and their contents may be destroyed or otherwise dealt with at the sole discretion of Gophr or of any other person in whose custody they may be at the relevant time. The Customer shall pay for:

a. all ees incurred; and

b. any charges, liabilities or expenses unavoidably incurred by Gophr in connection with such Packages.

 

VI. The Customer shall indemnify Gophr against any and all penalties, claims, damages, costs and expenses arising in connection with such Packages.