These Terms and Conditions comprise three separate elements, namely:
- Part A – The “Booking and Liability Terms”, which apply to the services which are provided by Gophr to a user of the website gophr.com (the “Site”) or mobile app (define “App”) as set out in Part A below;
- Part B – The “Courier Terms” which apply between you and your designated Courier for order for services which are made using the Site, as set out below;
- Part C – The “General Terms” which apply to both the Booking and Liability Terms and the Courier Terms, as set out below;
- Part D – the “User Terms” which apply to the general use of the Site or App, regardless of whether you receive any of the Services.
Any references in these terms and condition to “you”/”your” refer to a user of the Site or App (including any party who places an order via the Site or App). If you would like to contact us regarding these Terms, you can do so at the address set out above or by emailing us at firstname.lastname@example.org
Our account creation process contains a check box that must be ticked before you sign up for the service to state that you have understood these Terms and Conditions. The contracts formed between (a) you and us under the Booking and Liability Terms and (b) you and the Courier under the Courier Terms are each binding when you sign up to our service. Before Courier Booking and thereby placing your order, you should read these Terms (and all related information which is linked to as part of the Courier Booking Request and Acceptance process, including, for example, the relevant FAQ’s section and the list of Prohibited Items) to ensure that you understand the terms on which we and the Couriers provide our respective services.
Listed below are defined terms which will have the following meanings in these Terms and Conditions:
Acceptance Period – the period of 5 minutes (if an immediate Courier Booking) or 60 minutes (if a pre-booked Courier Booking) from the time the Courier is sent to you
Courier – means the third party courier which carries the Consignment.
Consignment – Each parcel or group of parcels sent using Gophr’s service to each individual address.
Enhanced Liability – means a higher limit on our liability that the Standard Liability which is purchased at the time that an order is placed as further described in paragraph 4 (below).
Excluded Items – means those items for which Gophr accepts no liability, as set out in the Schedule, including the Prohibited Items.
Gophr (or “our”, “us” “we”, “the site” or “the app”) – means Gophr Limited, Alphabeta Building, 18 Finsbury Square , London EC2A 1BR Reg No: 8872811 (“Gophr”, “our”, “us” or “we”)
Prohibited Item – means the items set out in the Schedule.
Quote – a quote received from a Gophr for the provision of the Services in accordance with these Terms.
Booking Acceptance – where you accept a Courier Booking and thereby enter into a binding agreement for the delivery of the Services.
Courier Booking or Courier Booking Request – a request by you to Book a Courier for the provision of the Services.
Receiver – The person who is receiving the Consignment.
Services – means the courier service provided on the Site in accordance with these Terms.
Standard Liability – means £100, the cap on liability which Gophr will be liable for loss of or damage to your Consignment as further described below.
PART A – BOOKING AND LIABILITY TERMS
- Gophr provides the use of the Site or the App and as the Courier’s disclosed agent to enable a Courier (acting as principal) to enter into a contract for courier services within the United Kingdom with you pursuant to the Courier Terms. Use of the Site or the App gives rise to a contract between you and a Courier for the courier services. For the avoidance of doubt, Gophr is not a courier and is acting only as an intermediary between you and the courier. You acknowledge that the contract for courier services is pursuant to the Courier Terms in Part B and that Gophr is acting as the Courier’s agent in facilitating the booking with the Courier.
- When you make a Courier Booking on the Site, we will search for a Courier to accept the request during the Acceptance Period.
- Our Site or App allows for the automated placing of orders between you and a Courier without any human intervention by Gophr. We do not ‘check’ your Courier Booking Request before it is placed with the Couriers. It is therefore essential that the order is correctly entered and declared in order for the correct Services and pricing to be displayed. Quotes will be based on the information you provide when placing your Courier Booking .
- Gophr is not obliged to provide a Courier Booking when you make a Courier Booking . A contract for the Courier Services will only be formed when the courier accepts a Courier Booking within the Courier Booking Acceptance Period. At this stage the payment will be processed. Gophr reserves the right to refuse and cancel any order and operate sophisticated Payment & Fraud security checks.
- Gophr, on behalf of Couriers, only accepts customers who are UK residents, who must be the end user and not another third party broker. A UK registered card or Stripe Account must be used to purchase in order to ensure VAT is applied correctly and any refunds / credits due can be applied.
- You have the right to withdraw from the order process up to the point of clicking upon a Courier Booking Request. Once “Book A Courier” is clicked, the contract for the Services with the Courier is entered into and the payment process will take place. The Gophr website handles the payments to the Courier on your behalf. In addition, should that Service not be available once purchased you will be immediately contacted with a right to cancel.
- Gophr ensures that Couriers have been vetted, approved and registered with Gophr.
- On accepting a Quote you will be provided with a picture and unique reference code for the Courier.
- Gophr track parcels by available GPS tracking, which updates in real time at 10 second intervals and at each stage of the journey (pick up, collection, delivery) to show the Courier’s progress.
- Gophr reserves the right to suspend your ability and right to use the Services and/or or terminate your use of the Website or App and Service where:
- We find evidence of or suspect fraud on the part of the Customer;
- We find a pattern of losses or claims for Consignments;
- We consider your behaviour damaging the reputation of Gophr Limited or the Gophr brand;
- You are in breach of any other breach of the terms of this Agreement; or
- For any other reason at our absolute discretion we decide to suspend or terminate your use of the Website or App and/or Service.
- Gophr agrees to be liable for loss and damage to your Consignment up to the level of either Standard Liability, or where purchased, Enhanced Liability on the terms of this clause 3. You agree that the Courier will not be liable for loss or damage to your Consignment in consideration for Gophr agreeing to bear liability on the terms of this clause.
- Standard Liability is the financial value which your Consignment is protected up to in relation to loss or damage in transit. The level of Standard Liability or Enhanced Liability selected by you determines the maximum value of a claim that you can make against Gophr.
- Each order automatically includes Standard Liability of the lower of £100 or the value of the Consignment.
- You can ask us to accept a higher cap on our liability by purchasing Enhanced Liability cover for an additional fee which is payable at the time of ordering.
- Enhanced Liability can be purchased in values of capping Gophr’s liability at £1,000, £2,000, £3,000, £4,000 and £5,000, in each case limited to the value of the Consignment. This replaces the Standard Liability.
- In order for you to benefit from the Standard Liability and/or Enhanced Liability, you agree that from the point of collection of your Consignment by the Courier up to the point of delivery and signature by the Courier,
- Gophr is fully responsible for the Consignment up to but not exceeding the Standard Liability value or such other purchased Enhanced Liability limit, and takes full risk in the Consignment for the duration of the delivery service.
- We shall have no liability to you where you fail to comply with the provisions of clause 10, relating to the timely making of a claim and provision of information.
- Gophr’s liability to you is limited to the Standard Liability or, where you have purchased it, the Enhanced Liability, subject to the exclusions listed in this section, in each case subject to the value of the Consignment. The maximum amount of a claim that you can make against Gophr is limited in value and will be the lower of the purchased Standard/Enhanced Liability or the actual value of the Consignment . The cap on our liability also includes your freight costs and postage fees incurred by you and/or us in relation to any claim.
- Nothing in this section seeks to limit Gophr’s or the Courier’s liability to you for claims relating to death or personal injury caused by Gophr’s or the Courier’s negligence or for any other liability which cannot be excluded by law.
- Gophr accepts no liability for loss or damage to Excluded Items. These include Prohibited Items, which you are not entitled to send using our Service and other items you are entitled to send but in respect of which we exclude all liability.
- Gophr accepts no liability for delay in collection or delivery or loss/damage to an item if it has not been correctly packaged and/or labelled.
- Any liability for loss or damage shall be limited to the repair costs of the item(s) damaged or, if they are lost or damaged beyond repair, the lowest of i) their replacement cost, taking account of depreciation for wear and tear and ii) the actual sale price of the item(s). In any event, compensation shall not exceed the Standard Liability cap or, if purchased, the Enhanced liability cap.
- In addition to other compensation exclusions, Gophr will not be liable to pay any compensation for loss of, or damage to a Consignment:
- containing Excluded Items (including Prohibited Items) (where requirements have not been observed);
- due to mechanical, electronic or electrical derangement of the Goods unless caused by external means; or
- caused by:
- latent or inherent defect;
- defective or inadequate packing, insulation or labelling;
- shortage in weight, evaporation or ordinary leakage;
- deliberate abandonment of the Goods or other property:
- vermin, wear, tear or gradual depreciation; or inherent vice.
PART B – COURIER TERMS
These terms for the contract between you and the Courier for the provision of the Courier Services.
COLLECTION OF CONSIGNMENTS
- The collection of a Consignment will normally occur on your chosen date which can be booked immediately or scheduled ahead of time. Any Courier Booking Request can be withdrawn/cancelled. You are not obliged to accept the Quote. However, if after you have made a Courier Booking and you cancel after the Courier has accepted the job or at any time up to collection when the Courier attempts collection, a cancellation fee of 50% of the Fee will apply. Once a Consignment has been collected from you, your order cannot be cancelled and the full fee is payable, which will be doubled if the consignment is required to be returned. Upon a Courier Booking, you agree to the provision of Services to you and accordingly from the point of collection you will not be able to exercise any legal cancellation right that you may have (also known as a ‘cooling off’ right) from the point when the Consignment is collected from you).
- Collection dates and times are not guaranteed. If the Courier is not able to collect by the time set out in your Order the Courier will endeavour to notify you of the revised collection time as soon as possible.
- The automated system requests collection times as per your Courier Booking Request. The Courier Booking you receive will always endeavour comply with those times.
- In the rare event that the Courier is at fault for not collecting the Consignment, please contact the Courier immediately to arrange for redelivery, free of charge. If you are at fault for the collection not being made, any such redelivery will be a new Order and will be charged a full Fee and the aborted collection will be charged a 50% cancellation fee. Please be aware that we are not aware of any issues with collection until the Courier is contacted.
- Please ensure the correct parcel is given to the correct collecting agent that you have chosen at the time of ordering. You can identify your Courier by his/her reference ID and photograph you receive at the time of the booking. The Courier Booking will also be displayed on his device.
- Your Consignment must be packed to a reasonable standard to protect the contents. The packaging must also be sufficient to protect the Consignment’s weight. It is not always obvious when a Consignment has not been packaged properly. The Couriers will assume that Consignments have been correctly packaged and will exercise a level of skill and care appropriate to that. Any claim resulting from a parcel that is not packaged to a reasonable standard and in line with the above may be declined. For further details see section 12 below.
- Please note that all Consignments must be able to withstand a short drop, very fragile items should not be sent though the Courier Services.
- Prohibited Items should not be sent using the Courier Services. If they are sent using the Courier services, the affected item could be subject to delay, return, or held for collection by you or the receiver. If the Consignment is held to be collected, you will be notified that collection of said Consignment must be arranged by a certain date or the goods may incur storage charges and finally discarded. To clarify, the Consignment may be discarded if i) they are damaged to such an extent that it is a Health and Safety risk (such as smashed glass); in which case you would be notified of this or ii) if they have been held for collection for a fixed time limit and the time limit advised has been exceeded.
- Parcels should not be strapped or attached together. This is not a secure way for parcels to travel. Any item that is not securely packaged or is strapped to another package will be treated as a Prohibited Item (see section 11 for further information).
- The Courier has the right to refuse a Consignment for a reasonable reason such as no packaging, insufficient packaging or the Consignment does not comply with the information given by you at the time of placing the order – for example is not labelled correctly, contains a Prohibited item or is larger/heavier than stated. In such circumstances the Cancellation Fee shall be payable
- Collections are possible 24/7/365, but are subject to Courier availability in providing Quotes to meet your Courier Booking Request requirements.
- Please ensure the pick up and delivery points are available at the collection time that you request. A charge of (a) 50% of the Fee otherwise unavailable when the Courier tries to collect or (b) 100% of the fee. For further information, please see section 4.
- It is your responsibility to ensure the person handing over the Consignment gives it to the correct Courier. Gophr and the Courier accepts no liability for loss, damage or theft of a Consignment as a result of the Consignment being given to anyone other than the correct Courier.
- On collection of your Consignment the Courier will update the status of the Order as “collected” in our system. This will be proof of collection as required for any issues that you may have with the Consignment or processing of your order.
- It is your responsibility to ensure that all the details are correctly completed and displayed on the correct Consignment as delivery will be made to the details listed on the Consignment. It is not the Courier’s responsibility to check this information, so please ensure this is checked before he leaves.
- Delivery dates and times are not guaranteed.
- Delivery times quoted are calculated from once collection is made and the consignment is in Transit.
- Deliveries are possible 24/7/365, but are subject to Courier availability in providing Quotes to meet your Courier Booking Request requirements.
- The Courier will endeavour to notify you by email, text and/or phone call if there are any issues with delivery so as to try to ensure the delivery can occur, even where you have not complied with the delivery order details.
- Couriers can only deliver to a full street address. The Courier cannot deliver to a PO Box or BFPO address. If a Consignment has to be returned for this reason, no refund will be given. Also, the Admin Charge will apply.
- Deliveries will be made to the address on the item, main front door, reception or goods in. The Couriers will not deliver to individual department or Block numbers. Deliveries may be made to a neighbouring address if the agreed delivery method is not possible.
- A telephone number and email address for both the sender and the receiver is required for each Consignment (for example so that the sender and/or receiver can be called in the event of an address query). Couriers will not redeliver or refund any returned item if a telephone number or email address has not been provided and the Courier has been unable to arrange delivery because a phone number or email address has not been provided.
- You as sender acknowledge that the contact information (email and telephone number) provided by you on behalf of the receiver can be used as a core part of us being able to deliver a service booked by you, and thus that such a use of this contact information does not constitute an infringement of the privacy of the receiver in relation with Privacy and Electronic Communications (EC Directive) Regulations 2003.
- Couriers will call/email/text you if the method of delivery is not possible when they arrive at the delivery point, in order to enable the delivery to be made. After making such reasonable attempts, the Courier has the right to return the unsuccessful Consignment to the sender. The Admin Charge will apply before return.
- The Courier Services are offered “door to door”. This means that a Courier will arrange for pick up from one address and a drop off at another. If the Consignee is out goods may be left with a neighbour if they are available to sign.
- Upon delivery, you must, unless otherwise agreed in advance sign (or ensure that the receiver signs) for the Consignment, indicating to the Courier whether the Consignments either undamaged, damaged or unchecked. This will be logged by the Courier. Failure to note that the Consignment is damaged, or noting the Consignment is unchecked at the point of delivery will limit your ability to claim for damage under the Standard or Enhanced Liability, as proof damage during transit cannot be proven.
- Where delivery is being made and the Courier accepts that no person will be able to sign for the Consignment (such as leaving the Consignment at an unmanned address), the Courier shall not be liable for any claims that the Consignment was not delivered where the Courier has confirmed in real time that the Consignment was delivered.
- Certain surcharges may be payable by you to the Courier in addition to the carriage fees which are set out as the cost for the standard delivery of your order. When a surcharge is payable, it may be charged directly to the payment method used to make the initial order (and you hereby authorise the automated payment of such charges). If we have not obtained your consent to charge surcharges directly to your original payment method, we will contact you directly to arrange payment.
- Any Surcharges represent the additional administrative costs which will be suffered by the Courier in connection with the Courier Services respectively and charges which Gophr may incur are not penalties imposed by the Courier. We act on behalf of the Courier as agent for the purpose of collecting any surcharges. This information is made available to you prior to placing your order.
- For illustrative purposes, the following is a non-exhaustive list of when surcharges may be payable.
- A Charge of 25p per minute will be implemented if the waiting time is more than 10 minutes (for the avoidance of doubt, £2.50 after the 10 ten minutes has been counted) plus 25p per minute waiting time after that.
- A surcharge of 100% of the Fee (in addition to the Fee remaining payable) may be applied when the Courier tries to deliver the Consignment and is unable to deliver in accordance with the Order, after the Courier’s attempts to contact you have failed or it has been confirmed the collection cannot be made when scheduled. If the Courier has attempted delivery within the window required by you and it is not deliverable, you will be liable for and charged the surcharge. If however, the Courier has missed the required delivery window then you will not be liable for the surcharge.
- A surcharge of 100% of the Fee (in addition to the Fee remaining payable) will be applied if the receiver refuses to take delivery of the goods and they need to be sent back to the collection point or if it is not in the reasonable opinion of the Courier possible to leave the Consignment in a safe place at the point of delivery.
- By entering the weight and dimensions of your Consignment on the site you are prepaying for the postage. On receiving the Courier Booking details before they quote for the work the Courier will be making a judgment as to whether they have room to take the Consignment. Accordingly, it is important to be accurate. If the Consignment is significantly heavier or larger then the additional weight/size the Courier is entitled, acting reasonably, to refuse to take the Consignment and a Cancellation Fee of 50% of the Fee will be payable (instead of the full fee payable)
PART C – GENERAL
- You hereby indemnify and keep indemnified both the Courier and Gophr for all losses, costs, claims, proceedings, liability and expenses incurred as a result of you sending a Prohibited Item via the Courier, including the loss and/or damage to other Consignments and third party property.
- Where your Consignment includes sensitive data and documents you shall indemnify Gophr and the Courier against all actions, claims, proceedings and judgments together with costs incurred relating to loss, damage or disclosure of such data or documents.
- Gophr will charge you for the Courier Services, acting as agent for the Courier. This element of the fee is paid to the Courier and includes Standard Liability.
- Gophr will charge you directly for agreeing to accept Enhanced Liability Cover and this will be clearly set out in the Quote, separate to the Courier Fee.
- All prices quoted on the web site are in pounds sterling.
- Payment can be made:
- At the time of ordering using a valid UK Credit / debit card; or
- By BACS.
- Payment is taken by our automated system at the end of your order once the service has been booked with your chosen Courier The Gophr website will handle the payment to the courier on your behalf OR invoiced to be paid on agreed payment terms
CUSTOMER SERVICE QUERIES
If you need to contact us for any reason, you can do so using the following methods.
Post: Customer Services, Gophr (Gophr Limited) of Alphabeta Building, 18 Finsbury Square , London EC2A 1BR
We aim to provide outstanding Customer service. If you have any complaint about the service you have received then please contact us by phone or by email at email@example.com . Should you still be unhappy with how your enquiry has been resolved then a formal response can be made in writing to Customer Services at the postal address listed in above. Please allow 28 working days for a response to any written (postal) correspondence.
LOSS / DAMAGE CLAIMS
- In the event of loss or damage, you must mark on the mobile device provided by the Courier the item as “damaged” at the point of delivery and notify us of any loss or damage separately in writing within 7 days of delivery. Gophr will not be liable for any loss or damage to goods unless the claim is made in writing within 7 days of delivery. Any additional information requested to substantiate a claim must be made available to Gophr within 21 days of request. If the information requested is not received within this timescale, Gophr reserves the right to close the claim. You can complete a form to submit a damage/loss claim from [HYPERLINK TO FORMS]. If formal legal proceedings are not issued within 1 year of the delivery date Gophr will be discharged of all liability whatsoever.
- Once the Courier has left following delivery, all enquiries relating to loss or damage to Consignments should be directed through Gophr. Do not contact the Courier directly about your order. If the Courier is contacted directly, this may cause delays in the resolution of any issues you may have.
- Please be aware that you should sign for goods as “damaged” if this is the case (and if you are not the recipient of the goods, you should ask the recipient to do the same). If goods are signed for as being in good condition, it will be difficult for you to show that the goods were damaged in transit.
- To proceed with a claim, you will need to have proof that the Courier has taken the Consignment from the sender. In addition, in the event of a claim a copy invoice will be needed to prove the value of the Consignment, together with serial numbers and IMEI numbers for electrical items.
- The damaged item together with all packaging should be kept until the claim is concluded as more photographs or inspection of the item may be necessary.
- If a claim is made that a Consignment has been damaged, all packaging should be kept for inspection by Gophr. The item must also be available for inspection in the state it was delivered, at the address it was delivered to. Further journeys could cause further damage, making it difficult to assess the original damage. We may also ask for photographs of the internal and external packaging as well as the damaged item to process the claim.
- If you make a claim relating to a damaged item we may also ask for an estimate of repair costs for that item supplied by a specialist. If the item cannot be repaired then we would need this in writing from the specialist.
- A claim relating to a lost item can only be processed once the Courier has concluded its searches for the item within a reasonable timescale.
- Any amounts payable in relation to a lost or damaged item will only be paid to the party placing the order. Please ensure the exact name or company name is entered at the time of booking as a Surcharge will be charged to re-issue a settlement cheque.
- If you wish to contest any claim decision, please write in to the Customer Service Director within this period.
RIGHTS OF THIRD PARTIES
A party who is not a party to this agreement (such as a receiver) cannot enforce the terms to this agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Schedule 1 – Excluded and Prohibited Items
You are entitled to send the following items via the Courier Service but Gophr will have no liability in respect of such Items or in the following circumstances
- Items which may suffer loss, damage, deterioration or depreciation caused by variation in temperature (unless caused by an accident to the conveying Vehicle)
- Goods which suffer any mechanical, electronic or electrical derangement unless caused by external means.
- Loss or damage caused by: defective or inadequate packing, insulation or labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Goods or other property; vermin, wear, tear or gradual depreciation; inherent vice
- Living & dead creatures
- Cash and cash like instruments including bank notes, specie and unnamed cheques
- Bonds, treasury notes and other securities
- Prepaid phone cards and similar
- Negotiable instruments
- Precious metals (unless part of a piece of jewellery)
- Precious stones (unless part of a piece of jewellery)
- Cigarettes and other tobacco.
- Data stored in writing in any format, whether hard copy or electronically, with contents including but not limited to names, addresses, bank details, signatures and dates of birth is entirely at the Customer’s risk.
We do not accept liability for any consequence whatsoever resulting directly or indirectly from or in connection with any of the following, regardless of any other contributory cause or event: a. war, invasion, act of foreign enemy, hostilities or a warlike operation or operations (whether war be declared or not), civil war, rebellion, revolution, riot, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power. b. Terrorism, which is defined as any act or acts including but not limited to the use or threat of force or violence or harm or damage to life or property (or the threat of such harm or damage) including, but not limited to, harm or damage by nuclear, chemical, biological or radioactive means, caused or occasioned by any person or group of persons, or so claimed, in whole or in part, for political, religious, ideological or similar purposes c. any action taken in controlling, preventing, suppressing or in any way relating to (a) or (b) above.
You are prohibited from using the Courier Service for delivery of the following Prohibited Items, in respect of which Gophr also accepts no liability whatsoever.
Any and all items which are illegal to carry own or transport or which, in the reasonable opinion of Gophr, may potentially be hazardous or dangerous to the Courier or the general public, including but not limited to:
- Explosives including fireworks
- Pornographic materials
- Illegal drugs or any other contraband
- Weapons, Arms, Ammunition or associated parts, accessories, materials, ingredients or technology, including deactivated and replica weapons
- Blades of any kind longer than 1.5 inches
- Dangerous power tools such as chain saws
- Flammable materials
- Dangerous chemicals
- Dangerous biological agents
- Any item packaged in a hazardous or dangerous box
PART D – GENERAL CONDITIONS OF SITE USE
Registration and Membership/Account
- Only those in a position to form legally binding contracts under English law may Register with Gophr. Registration is not open to persons aged under 18 or to any persons whose Membership has been suspended or terminated. If you are Registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
- Each Registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Furthermore, your Membership may not be transferred to a third party.
- Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password.
- We reserve the right to reject your Registration or cancel your Membership at any time and for any reason or for no reason and without notice to you.
- We reserve the right to notify other Members of any actions that we, in our sole discretion deem serious, and which have led to the cancellation of your Membership.
- If you are so removed or rejected you may appeal for reinstatement. Your appeal must include a written statement as to why you should be reinstated along with your contact information. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion. Your submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. We will contact you as to our decision to reinstate you. We are not obligated to give you any reasoning as to our decision. All decisions are final.
ACCESS AND CONTENT
Whilst we endeavour to ensure that both the Site and App is available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
Access to the Site and App may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.
Whilst we endeavour to ensure that the information on the Site and App is correct, we do not warrant the accuracy or completeness of the material on the Site and App. We may make changes to the material on the Site and App at any time and without notice. The material on the Site and App may be out of date, and we make no commitment to update such material.
You are prohibited from posting or transmitting to or from the Site and App any material:
- that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, `liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- or which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Site and App (including, without limitation, by hacking).
We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause 2.
You are permitted to view, print and download extracts from the Site for your own use on the basis that:
- no documents or related graphics on the Site are modified in any way;
- no graphics on the Site are used separately from the corresponding text; and
- our copyright notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site and App (including, without limitation, photographs and graphical images) are owned by us or our licensors. Save as agreed otherwise, any use of extracts from the Site other than in accordance with clause 3.1 is prohibited, and if you breach clause 3.1, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
Subject to clause 3.1, no part of the Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.
To the extent permitted by law, and save as where you have purchased some Services and the provisions of Part 1 of these Terms apply to liability in respect of the Services) we hereby exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Site and App or in connection with the use, inability to use, or results of the use of the Site and App, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We may, at our sole discretion, restrict your access to the Site and App and/or refuse to correspond with you without prior notice where:
- there is a regulatory or statutory change limiting our ability to provide access to the Site and App;
- there is any event beyond our reasonable control preventing us from providing access to the Site and App (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
- we consider that you are abusing the Site and App or are otherwise acting in breach of the Terms.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for their content or availability. We do not therefore endorse or make any representations about them, or any material found there, or any consequences of using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
If you would like to link to the Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of any logos used by us on the Site;
- you do not create a frame or any other browser or border environment around the Site;
- you do not in any way imply that we are endorsing any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about it;
- you do not otherwise use any trade marks owned by Gophr (whether these are registered or unregistered) which are displayed on the Site without our express written permission;
- you do not link from a website that is not owned by you; and
- your website does not contain content that we, in our sole discretion, consider to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which doesn’t otherwise comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in clause 5.2 for breach of the Conditions and to take any action that we deem appropriate.
You shall fully indemnify us for any loss or damage that we may suffer for breach of clause 5.2
Domain Name Protection
You agree not to register any domain name that includes the word ‘Gophr’; infers it is connected to us or in any way casts aspersions on us.
- Unless otherwise specified, the Site is directed solely at those who access it from England and Wales. Should you choose to access the Site from locations outside England and Wales then you will be responsible for compliance with local laws if and to the extent local laws are applicable.
- You warrant that it is legal for you to view the Site and App in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.
- A failure or delay in enforcing compliance with one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions.
- If any provisions of the Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- The Conditions constitute the entire agreement between ourselves as to your use of the Site and App and shall supersede any prior agreement or representation in respect thereof.
- Any and all notices to be given by either one of us to the other pursuant to or in connection with the Conditions shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at any e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed at the start of these General Conditions.
- The Conditions are governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.