Gophr Marketplace Terms & Conditions

 

Please read these terms carefully before using the Gophr Marketplace. By using the Gophr Marketplace in any way, you agree to be bound by these terms.

 

Section A: Definitions shall set out definitions used in each of the other sections, and form part of the contracts in sections B to F.

 

Section B: Visitor Terms shall apply between Gophr and all Visitors to the Gophr Marketplace (which includes both Customers and Couriers).

 

Section C: Customer Usage and Next Day Services Terms shall apply between Gophr and Customers, and link to the Carrier Company Terms.

 

Section D: Courier Usage Terms shall apply between Gophr and Couriers (and applicants to access the Gophr Marketplace as Couriers).

 

Section E: Same Day and Shift Services Terms shall apply between Couriers and Customers (but not Gophr or Carrier Companies).

 

Section F: Disputes Procedure shall apply between Gophr, Couriers and Customers.

 

Section G: General Terms shall apply to, and form part of the contracts in, sections B to F.

 

Section H: Data Protection and Privacy Policy.

 

 

SECTION A: DEFINITIONS

 

This Section A: Definitions shall set out definitions used in each of the other sections.

 

Carrier Company: any business providing Next Day Services via the Gophr Marketplace.

 

Carrier Company Terms: The terms and conditions of the Carrier Company providing Next Day Services, links to which are provided in Section C: Customer Usage and Next Day Services Terms.

 

Consignment: The items to be collected and delivered in accordance with an Order.

 

Courier: Any person using the Gophr Marketplace to advertise, promote and sell Courier Services, having been accepted by Gophr in accordance with clause D1 of Section D: Courier Usage Terms.

 

Courier Services: Same Day Services or Shift Services provided by Couriers to Customers subject to the terms of Section E: Same Day and Shift Services Terms.

 

Customer: Any person using the Gophr Marketplace to book Courier Services.

 

Data Protection Legislation: Any applicable laws relating to the processing, privacy and use of personal data, as applicable to Gophr, the Gophr Marketplace, the Customer, the Courier and/or the Courier Services as applicable, including the UK Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 and/ or any corresponding or equivalent national laws or regulations.

 

Fee: The cost of the Order.

 

Gophr: Gophr Limited, a company registered in England and Wales under company number 8872811, with its registered office at 1-4 Pope Street, London, England, SE1 3PR.

 

Gophr Marketplace: The online marketplace located at gophr.com (including subdomains) and via the “Gophr” app. If you are a Courier, Gophr Marketplace also includes Gophr Work.

 

Gophr Work: The app operated by Gophr for use by Couriers.

 

Next Day Services: Services provided by Carrier Companies to Customers where the Carrier Company collects and delivers a Consignment on different days (regardless of when the Order is made) subject to the Carrier Company’s terms and conditions.

 

Privacy Notice: Gophr’s privacy notice as set out at https://uk.gophr.com/privacy- policy/.

 

Same Day Services: Services provided by Couriers to Customers where the Courier collects and delivers a Consignment on the same day (regardless of when the Order is made). 

 

Shift Services: Services provided by Couriers to Customers where the Courier is booked for a period of time set out in an Order.

 

Substitute: A substitute driver engaged by the Courier under Section E: Same Day and Shift Services Terms. Such substitute must be a Courier for the duration of the substitution.

 

Order: A booking for Courier Services submitted by a Customer via the Gophr Marketplace.

 

Visitor: Any person visiting or using the Gophr Marketplace, including Customers, Couriers and Carriers.

 

All definitions in this Section A: Definitions, and all clauses required for their interpretation, shall survive termination of the terms for any reason.

 

 

SECTION B: VISITOR TERMS

 

This Section B: Visitor Terms shall apply to all Visitors to the Gophr Marketplace. All Visitors agree to be bound by the terms and conditions set out in Section B.

 

 

B1. How the Gophr Marketplace works

 

 

The Gophr Marketplace is operated and maintained by Gophr.

 

Gophr provides a marketplace for Customers wanting Courier services and Couriers providing Courier Services. Gophr does not itself sell or provide Courier Services, Carrier Services or Next Day Services. The contract for the sale and provision of such Services is directly between the Courier or Carrier and the Customer. Gophr is not the agent, joint venture nor partner of either the Courier, Carrier or the Customer.

 

The Gophr Marketplace may have links to to 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.

 

 

B2. Registration

 

 

All Visitors who wish to purchase or offer services via the Gophr Marketplace must register using an online registration form.

 

By registering, Visitors warrant that they:

a) are legally capable of entering into binding contracts;
b) are at least 18 years old; and
c) have not previously registered with Gophr Marketplace and had their registration suspended or terminated.

 

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

 

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

 

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

 

Upon registration, Visitors warrant that the information provided to Gophr is at all times true, accurate and complete and any changes to such information is promptly notified to Gophr. 

 

All registered Visitors are required to keep all registration details, passwords and login details for the Gophr Marketplace (“Login Details”) confidential and secure.

 

 

B3. Use of the Gophr Marketplace

 

 

Visitors are solely responsible and liable for their own use of the Gophr Marketplace and to enforce any obligation to a third party that arises from Visitor’s use of the Gophr Marketplace. 

 

Visitors agree to:

  1. not use Login Details with the intention of impersonating another entity;
  2. not allow any other entity to use their Login Details;
  3. not do anything likely to impair, interfere with or damage or cause harm or distress to any other Visitor;
  4. not infringe any rights of any third parties or other Visitors;
  5. comply with all instructions and policies from Gophr from time to time in respect of the Gophr Marketplace;
  6. co-operate with any reasonable security or other checks or requests for information made by Gophr from time to time; and
  7. use the information made available to you on the Gophr Marketplace at your own risk.

 

All Visitors consent to Gophr monitoring their usage of the Gophr Marketplace from time to time.

 

 

B4. Courier and Carrier Services Reviews

 

 

Subject to all other terms, Visitors may submit reviews in respect of experiences of other Visitors to the Gophr Marketplace (“Reviews”). All Visitors hereby grant Gophr a perpetual, irrevocable licence to use and sub-license the Reviews for any purpose whatsoever.

 

Visitors shall not submit any Review(s) on any page or in any area of the Gophr Marketplace that in Gophr’s reasonable opinion:

  1. are, or may be considered offensive, illegal or inappropriate;
  2. contain information that is inaccurate, false or misleading; or
  3. infringe any rights of any third party,

 

Visitors warrant that they own all intellectual property rights and any other applicable rights in such Reviews.

 

Visitors acknowledge that making a Review does not guarantee that such Review, or any part thereof, shall appear on the Gophr Marketplace. Visitors agree that Gophr may, in its sole discretion, choose to display, edit or to remove any Review or any part of the same on the Gophr Marketplace, and you hereby grant to Gophr a non-exclusive, perpetual, irrevocable, worldwide licence to do so.

 

If any Visitor deems that any Review made by another Visitor on the Gophr Marketplace is objectionable, contact Gophr directly via the Gophr Marketplace. Gophr shall use its reasonable endeavours to review the relevant Review as soon as practicable and shall take such action as it deems necessary, if any at all.

 

 

B5. Suspension and termination

 

 

Gophr shall use its reasonable endeavours to provide the Gophr Marketplace at all times.

 

Gophr shall be entitled at its own discretion and upon notice, to suspend the Gophr Marketplace 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 Marketplace (whether wholly or partly).

 

Gophr may suspend or terminate access to the Gophr Marketplace (wholly or partly) in the event that:

 

a) third-party services and network providers cease to make these services or networks available to Gophr;
b)
Gophr has reason to believe that a Visitor, or someone using Visitor’s Login Details, has failed to comply with one or more of these terms;
c) Gophr has reason to believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Gophr Marketplace (in whole or in part); or
d) Gophr has reason to believe that Visitor has provided it with any false, inaccurate or misleading information.

 

 

B6. Gophr’s liability

 

 

Gophr relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Gophr Marketplace available. Whilst Gophr takes all reasonable steps available to it to provide Visitors with a good level of service, Visitors acknowledge and agree that Gophr does not warrant that the Gophr Marketplace shall be uninterrupted or fault-free at all times. Gophr therefore shall not be liable in any way for any losses Visitors may suffer as a result of delays or failures of the Gophr Marketplace as a result of its service providers.

 

Subject to the exceptions set out in the last paragraph of this clause B6 below, Gophr shall not be liable for losses that result from its failure to comply with these terms that fall into the following categories:

a) consequential, indirect or special losses;
b) loss of profits, income or revenue;
c) loss of savings or anticipated savings, interest or productions;
d) loss of business or business benefits;
e) loss of contracts;
f) loss of opportunity or expectations;
g) loss of goodwill and/or reputation;
h) loss of marketing and/or public relations time and/or opportunities;
i) loss of data; or
j) loss of management or office time,

 

or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

Nothing in these terms shall limit in any way Gophr’s liability:

a) for death or personal injury caused by its negligence;
b)
for a person acting in their capacity as a consumer under section 2(3) of the Consumer Protection Act 1987;
c) for fraud or fraudulent misrepresentation; or
d) for any matter for which it would be illegal for Gophr to exclude, or attempt to exclude, its liability.

 

 

B7. Intellectual property rights

 

 

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

 

Without limiting the generality of the above, Visitors are expressly prohibited from:

 

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

 

 

B8. General

 

 

If Gophr fails at any time to insist upon strict performance of your obligations under these terms, or if Gophr fails to exercise any of the rights or remedies to which it is entitled under these terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Gophr of any default shall not constitute a waiver of any subsequent default. No waiver by Gophr of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

Gophr reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these terms.

 

The warranties in clause B2, and clauses B6 and B7, and all clauses required for their interpretation, shall survive termination of this Section B: Visitor Terms for any reason.

 

 

SECTION C: CUSTOMER USAGE AND NEXT DAY SERVICES TERMS

 

This Section C: Customer Usage and Next Day Services Terms shall apply between Gophr and Customers (as defined in Section A: Definitions).

 

 

C1. Contract for purchase of Courier Services

 

 

Any Courier Services that are advertised and booked on the Gophr Marketplace are subject to the terms in Section E: Same Day and Shift Services Terms, which includes the applicable refund policy.

 

The contract for any Courier Services booked through the Gophr Marketplace is created between the Customer and the relevant Courier and not between the Customer and Gophr.

 

Gophr may suspend or terminate Customer’s access to the Gophr Marketplace in the event of a breach of Section E: Same Day and Shift Services Terms.

 

 

C2. Contract for purchase of Next Day Services

 

 

Any Carrier Next Day Services advertised on the Gophr Marketplace are subject to that Carrier Company’s Terms. These include any terms relating to prohibited items and extra charges notified to the Customer during the booking process, as well as the terms linked to as follows in relation to the Carrier Company you have selected:

 

DPD https://www.dpd.co.uk/terms-and-conditions.jsp

 

Collect Plus https://www.collectplus.yodel.co.uk/terms-and-conditions

 

The contract for any Next Day Services booked through the Gophr Marketplace is created between the Customer and the relevant Carrier Company and not between the Customer and Gophr, notwithstanding the Customer shall pay Gophr for the Next Day Services, rather than the applicable Carrier Company.

 

The amount payable shall be the amount set out in the Order, as may be amended from time to time.

 

Gophr may suspend or terminate Customer’s access to the Gophr Marketplace in the event of a breach of the Carrier Company Terms.

 

 

C3. Booking process

 

 

Customers enter the required information in relation to a potential booking on Gophr Marketplace. Gophr Marketplace will then provide a quote which sets out the charges for a Courier to provide the required Courier Services, or for a Carrier Company to provide the Next Day Services, as applicable, based on this information (“Quote”) via the Gophr Marketplace. 

 

Customer acceptance of a Quote will then generate an Order on Gophr marketplace.

 

Gophr will use reasonable endeavours to find a Courier or Carrier to accept your Order as soon as reasonably practicable. Gophr has no obligation to provide you with, or introduce you to, a Courier or Carrier.

 

The Gophr Marketplace allows for the automated placing of Orders between the Customer and a Courier or Carrier without any human intervention. Gophr does not check Orders before they are sent to the Courier or Carrier for acceptance and accepts no liability for any errors or omissions in the Order. It is therefore essential that the Customer correctly enters all details required for the Order so that the correct Courier Services or Next Day Services and charges are displayed. Quotes are based on the information provided by the Customer when booking.

 

A contract for the Courier or Carrier Services will only be formed between you and a Courier or Carrier if the Courier or Carrier accepts the Order. If a Courier or Carrier accepts your Order, Gophr will provide the Customer with a picture and unique reference code for the Courier or Carrier.

 

Gophr will use reasonable endeavours to update the Customer in real time at ten (10) second intervals and at each stage of the journey (e.g. en route, collection, delivery) to show the Courier or Carrier’s progress.

 

Gophr reserves the right to refuse and cancel any Order and undertake payment and fraud security checks which may lead to the rejection of an Order.

 

 

C4. Order changes

 

 

Gophr shall provide an Order change function via the Gophr Marketplace, by which Gophr and/or the Courier may notify you of changes to the charges in the event that you amend an Order for Courier Services at any time between acceptance of the Order by the Courier and delivery of the Consignment. Once the change has been made, the Gophr Marketplace will only show the new amount of the charges.

 

 

C5. Surcharges

 

Certain Surcharges may be payable by the Customer 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 in connection with the Courier Services. 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.

Waiting time

All jobs are inclusive of ten (10) minutes waiting time from arrival at collection/ delivery location, after which waiting time will be charged to Customers and payable on a per minute basis. There is no charge for any waiting time minutes within the first ten (10) minutes from arrival at collection /delivery location. The rate per minute depends on the vehicle type:

 

Vehicle Charge per minute
Bicycles 21p
Cargo Bicycles 23p
Motorcycles 25p
Parcel Cars 35p
Small Vans 40p
Large Vans 43p
  • Cancellation

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 the Customer 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 the Customer and it is not deliverable, the Customer will be liable for and charged the surcharge. If however, the Courier has missed the required delivery window then the Customer 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 Consignment 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.

The weight and dimensions of your Consignment must be entered accurately on Gophr Marketplace. On receiving the Order details the Courier will be making a judgment as to whether they have room to take the Consignment before they quote for the work. If the Consignment is significantly heavier or larger than the stated weight/ size, the Courier is entitled, acting reasonably, to refuse to take the Consignment and a Cancellation Fee of 100% of the minimum price for the selected vehicle will be payable (instead of the full fee payable).

 

Vehicle Base price Charge per mile
Bicycles £4.60 £1.02
Cargo Bicycles £8.69 £1.94
Motorcycles £5.62 £1.64
Parcel Cars £8.69 £1.94
Small Vans £11.24 £2.30
Large Vans £14.31 £2.56

 

 

C6. Invoicing and Payment process

 

 

Gophr shall invoice the Customer for all sums due, plus VAT, in respect of:

a) services provided to the Customer by Couriers and Carriers (including Surcharges and Cancellation fees);
b)
Standard Liability and/ or Enhanced Liability Insurance.
c) Any other additional services or costs which may form part of the Order.

 

Amounts owed to Gophr are due and payable on the date of the invoice, unless otherwise agreed in writing. Payments shall be made via such payment process as agreed with Gophr. 

 

If the Customer disputes any invoice, the Customer must notify Gophr in writing within seven (7) days of receipt of the invoice. The Customer shall pay all amounts not disputed on the due date, otherwise administration fees and interest may be applied. 

 

Gophr shall be entitled to recover on behalf of the Courier any monies owed to the Courier under Section E: Same Day and Shift Services Terms, including but not limited to cancellation fees and Surcharges. The Customer shall indemnify Gophr against all costs and expenses (including legal fees) that are incurred by Gophr in enforcing the terms of Section E: Same Day and Shift Services Terms against the Customer on the Courier’s behalf.

 

Any refunds due to the Customer will be made by Gophr on behalf of the Courier or Carrier. 

 

 

C7. Standard and Enhanced Liability Insurance

 

 

Standard Liability Insurance” shall mean that Gophr’s total liability to the Customer under the indemnity set out below, in respect of the applicable Consignment, shall be limited in the aggregate to £100 or, if lower, the value of the applicable Consignment.

 

Where the Customer elects to pay an additional charge for “Enhanced Liability Insurance” in relation to an Order, Gophr’s total liability to the Customer under the indemnity set out below, in respect of the applicable Consignment, shall be limited in the aggregate to the value of the Enhanced Liability selected and paid for or, if lower, the value of the applicable Consignment.

 

Where a dispute has been resolved through the Section F: Disputes Procedure, Gophr shall indemnify the Customer against direct loss (if any) caused by a breach of Section E: Same Day and Shift Services Terms by the Courier or Carrier Company (as applicable) that results in loss of or damage to Customer’s Consignment. The amount payable under this indemnity shall be the amount of direct loss agreed between the Customer and the Courier through the Disputes Procedure, provided that this amount is not more than the Standard Liability, or where you have paid for Enhanced Liability, the value of such Enhanced Liability, in relation to the Consignment. Direct loss under this indemnity is constituted by:

 

a) reasonable freight costs and postage fees incurred by you or Gophr in relation to (b) or (c) below; and
b)
the reasonable repair costs of the item(s) damaged; or
c) if the item(s) are lost or damaged beyond repair, the lowest of:

  • a) the reasonable replacement cost, taking account of depreciation for wear and tear; and
  • b) the actual sale price of the item(s).

 

This indemnity shall not apply to loss or damage to Prohibited Items, Excluded Items or to any other item for which liability is excluded under Section E: Same Day and Shift Services Terms. Likewise, this indemnity shall not apply to loss or damage to prohibited items or any other item for which liability is excluded under the applicable Carrier Company Terms.

 

Where the Customer receives a payment from Gophr under this clause in relation to a Consignment, this indemnity shall be the sole and exclusive remedy for the Customer for all loss and damage caused by the breach of Section E: Same Day and Shift Services Terms by the Courier in relation to such Consignment, or the breach of the Carrier Company Terms by the Carrier Company, as applicable, and the Customer shall not have any contractual or other claim against the Courier or Carrier Company (as applicable) or Gophr for such loss and damage.

 

 

C8. Limitation of liability

 

 

If Gophr fails to comply with these terms, Gophr shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations. If Gophr’s failure to comply with its obligations is not remedied following such reasonable opportunity then, subject always to clause B6 of Section B: Visitor Terms, Gophr’s total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited in the aggregate to £50.

 

C9. Survival

 

Clause C6 (in respect of any outstanding payments), clause C7 (to the extent that Standard or Enhanced Liability has been paid for), clause C8, C9 and all clauses required for their interpretation, shall survive termination of this Section C: Customer Usage and Next Day Services Terms for any reason.

 

SECTION D: COURIER USAGE TERMS

 

This Section D: Courier Usage Terms shall apply between Gophr and Couriers (and applicants to access the Gophr Marketplace as Couriers (“Couriers”).

 

 

D1. Courier registration and acceptance

 

 

By completing the registration form in Gophr Work, the Courier agrees that the contractual relationship with each Customer shall be as set out in Section E: Same Day and Shift Services Terms.

 

Couriers consent to Gophr conducting verification and security procedures in respect of the information provided to Gophr.

 

After completing the registration form, applicantswill receive an email from Gophr acknowledging receipt of registration. This email does not indicate acceptance as a Courier. Gophr will notify applicants via a separate email or in-app notification if the Courier application is successful and will provide access to all features of Gophr Work.

 

 

D2. Your obligations

 

 

Couriers acknowledge that once Couriers have accepted an offer from a Customer to purchase Courier Services, this will constitute a binding contract between the Courier and the Customer under the terms of Section E: Same Day and Shift Services Terms and that Couriers agree to comply with Section E: Same Day and Shift Services Terms in respect of such Order.

 

All information uploaded onto the Gophr Marketplace by Couriers shall be in the format required by Gophr and shall relate strictly and solely to the Courier Services. Gophr reserves the right to edit and/ or remove any service information at any time and for any reason, including where Gophr reasonably believes that the information is inaccurate or incomplete, does not meet with its formatting requirements and/ or does not relate to the Courier Services.

 

Couriers affirm and acknowledge that in relation to the Courier Services you provide to Customers under Section E: Same Day and Shift Services Terms, Couriers shall:

a) use their own vehicle;
b)
be responsible for the proper maintenance and insurance of the vehicle used; and
c) be responsible for any costs incurred in the course of providing the Courier Services, including but not limited to fuel and other running costs.

 

You affirm and acknowledge that as the operator of the Gophr Marketplace, Gophr shall have no say over the amount of time you spend providing Courier Services to Customers, that you shall have full discretion over whether you accept and perform Courier Services for Customers, and that you shall be free to perform services similar to the Courier Services other than via the Gophr Marketplace.

 

You affirm and acknowledge that Gophr does not guarantee any minimum number of Orders or payments to you.

 

When Couriers nominate or arrange a Substitute you shall ensure that any such Substitute is a Courier. Once a Substitute is in place, you will have residual obligations to the Customer but payment for delivery of the Consignment will be made via Gophr directly to the Substitute. By agreeing to be a Substitute, you agree to provide the Courier Services to the Customer in accordance with the terms of Section E: Same Day and Shift Services Terms.

 

Courier shall not conduct any direct or indirect marketing using personal information (which, for the avoidance of doubt, shall include all names, addresses, email addresses and phone numbers) that came into your possession through your use of and activities on the Gophr Marketplace, nor will you disclose such personal information to any third party without Gophr’s express written consent. Furthermore Couriers shall not include in any information uploaded to the Gophr Marketplace or any other communication with any Customers any link to any URL located outside the Gophr Marketplace, nor any advertising for any product or service other than your Courier Services.

 

Courier shall comply with all policies and guidelines of Gophr, published on the Gophr Marketplace from time to time.

 

Courier warrants, represents and undertakes to comply with all applicable legislation in respect of any information you provide via the Gophr Marketplace and any other communication with any Customers, and that such information shall not infringe any intellectual property rights or rights under data protection law, or any other rights of any third party.

 

Courier hereby indemnifies Gophr in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses arising as a result of any breach by you of these terms, or of any claim or action brought in connection with the Courier Services; any information you provide via the Gophr Marketplace or any other communication with any Customers; and/or infringement of intellectual property rights, rights under data protection law, or any right of a third party.

 

 

D3. Order changes

 

 

Gophr shall provide an Order change function via the Gophr Marketplace, by which the Courier or Gophr may notify the Customer, or Gophr may notify the Courier, of changes to the charges in the event that the Courier or the Customer wish to amend the Order at any time between Courier’s acceptance of the Order and delivery of the Consignment.

 

 

D4. Charges and payment

 

 

Gophr shall invoice the Customer for all sums due, plus VAT, in respect of:

d) services provided to the Customer by Couriers and Carriers (including Surcharges and Cancellation fees);
e) Standard Liability and/ or Enhanced Liability Insurance.
f) Any other additional services or costs which may form part of the Order.

 

Amounts owed to Gophr are due and payable on the date of the invoice, unless otherwise agreed in writing. Payments shall be made via such payment process as agreed with Gophr. 

 

If the Customer disputes any invoice, the Customer must notify Gophr in writing within seven (7) days of receipt of the invoice. The Customer shall pay all amounts not disputed on the due date, otherwise administration fees and interest may be applied. 

 

Courier consents to Gophr raising invoices from Courier to Gophr on Courier’s behalf on a weekly basis (unless otherwise agreed between Courier and Gophr). Gophr will remit to the Courier the amount agreed between Courier and Gophr in relation to each Order (the “Received Price”), which shall be inclusive of any VAT that may be applicable.

 

No further benefits shall accrue to Courier besides the Received Price.

 

Courier affirms and acknowledges that Courier will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Received Price (including VAT if applicable) and Courier shall indemnify Gophr in respect of any such payments required to be made by Gophr.

 

Where a Customer requests a refund in accordance with Section E: Same Day and Shift Services Terms or any consumer right, Courier shall refund the Received Price to Gophr immediately.

 

Courier shall pay all other fees and charges (if any) notified to you during the Courier registration process or otherwise in advance of such fees and charges becoming due (“Fees”). The Fees shall be due and payable in accordance with the payment terms notified to you. The Fees are exclusive of VAT and other sales tax which shall, where applicable, be paid in addition.

 

Gophr may change the Fees at any time on the provision of notice to Courier in writing, by email or through the use of the Gophr Marketplace. Courier’s continued use of the Gophr Marketplace following notice of such change shall be deemed to be Courier’s acceptance of the new Fees. If Courier does not agree with the changes to the Fees, Courier may terminate the agreement with Gophr by notice in writing or by email.

 

If any Fees are not paid within thirty (30) days after the due date then (without prejudice to Gophr’s other rights and remedies) Gophr reserves the right to charge interest on such sums on a day-to-day basis from the date such payment was due to the date of actual payment (both dates inclusive) at the rate of eight (8) per cent above the base rate of the Bank of England from time to time in force compounded quarterly. Such interest shall be paid by Courier on demand.

 

 

D5. Limitation of liability

 

 

If Gophr fails to comply with this Section D: Courier Usage Terms or any other legal obligation it has towards Courier, Gophr shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations. If Gophr’s failure to comply with its obligations is not remedied following such reasonable opportunity then, subject always to clause B6 of Section B: Visitor Terms, Gophr’s total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited in the aggregate to the 20% of all sums paid to Courier by Gophr in respect of the Received Price for all Orders during the six (6) month period prior to the date on which the event giving rise to the claim first occurred.

 

Given the nature of the Gophr Marketplace, the Courier accepts and affirms that it would be disproportionately onerous on Gophr for claims to be brought more than six (6) months after the event giving rise to the claim. Accordingly, the Courier shall not bring any claim following such period.

 

 

D6. Suspension and termination

 

 

Either party may terminate this agreement immediately on provision of written notice to the other (including via email). In such event:

 

a) Courier shall fulfil all Orders accepted by Courier through the Gophr Marketplace on or before the date of termination;
b) Courier shall cease all use of the Gophr Marketplace on or before the date of termination, except as necessary to comply with (a) above;
c) all rights granted to Courier hereunder shall cease on the date of termination; and
d) Gophr shall revoke Courier’s access to Courier account and content, and remove Courier’s Services from the Gophr Marketplace, on the date of termination or when reasonably practicable thereafter.

 

Termination of this agreement shall not affect the rights of either party accruing or accrued prior to the termination of this agreement.

 

Clause D4 (in respect of any outstanding payments), clause D5, clause D6, and clause D7 (a) and (b), and all clauses required for their interpretation, shall survive termination of this Section D: Courier Usage Terms for any reason.

 

SECTION E: SAME DAY AND SHIFT SERVICES TERMS

 

This Section E: Same Day and Shift Services Terms shall apply between Couriers and Customers (but not Gophr or Carrier Companies).

 

 

E1. The parties and the contract

 

 

A contract will come into existence between the Courier and the Customer at the point of the Courier’s acceptance of the Customer’s Order.

 

Details of the Courier which will carry the Consignment in relation to each Order will be provided to the Customer when Courier accepts the Order.

 

Customer can contact the Courier through the Gophr Marketplace. If the Courier has to contact the Customer, the Courier will do so by telephone or via the Gophr Marketplace.

 

 

E2. The Courier Services

 

 

Subject to the terms of this Section E: Same Day and Shift Services Terms, the Courier will collect and deliver the Customer’s Consignment in accordance with the applicable Order as agreed via the Gophr Marketplace, either for Same Day Services or Shift Services. Shift Services may include the collection and delivery of multiple Consignments within the period of time set out in the Order.

For Same Day Services, in performing the above obligation the Courier cannot guarantee collection dates and times. If the Courier is not able to collect a Consignment by the time set out in the applicable Order, the Courier will notify the Customer of the revised collection time as soon as possible.

 

For Shift Services, the Courier shall be available to collect and deliver Consignments for the Customer for the whole period of time set out in the Order. The charges set out in the Order for the Shift Services (as may be amended from time to time) shall be payable by the Customer regardless of the number of collections and deliveries the Customer requires the Courier to make during such period. Once the Courier has commenced Shift Services, the Courier may reject any request by the Customer to reduce the period of time set out in the Order (or as previously amended) without penalty.

 

The Courier may appoint a Substitute to perform the Courier Services on their behalf, provided that the Substitute shall be subject to equivalent obligations to the Courier’s under this Section E: Same Day and Shift Services Terms. In relation to Shift Services, the Customer shall have the option not to allow substitution and/or to reject a Substitute up until the point the Shift Services have commenced. For the avoidance of doubt, the Courier will continue to be subject to all duties and obligations under this Section E: Same Day and Shift Services Terms for the duration of the appointment of the Substitute.

 

Couriers do not deliver to addresses outside the United Kingdom.

 

 

E3. The Consignment

 

 

Unless otherwise agreed in writing the Customer may include the following items (“Excluded Items”) in a Consignment but the Courier shall have no liability in respect of such items:

 

a) Items which may suffer loss, damage, deterioration or depreciation caused by variation in temperature (except where caused by an accident to the conveying vehicle);
b) Items which suffer any mechanical, electronic or electrical derangement unless caused by external means;
c) Living or dead animals, reptiles or other creatures (not including legal animal products such as leather);
d) Bullion;
e) Cash and cash-like instruments including bank notes, specie and unnamed cheques;
f) Bonds, treasury notes and other securities;
g) Stamps;
h) Prepaid phone cards and similar;
i) Negotiable instruments;
j) Precious metals (unless part of a piece of jewellery);
k) Precious stones (unless part of a piece of jewellery);
l) Cigarettes, tobacco and other tobacco products (including electronic cigarettes);
m) Obscene publications and unlawful indecent images;
n) Parcels strapped or otherwise attached together.

 

The Customer shall not include any item(s) in a Consignment which are illegal to carry, own or transport, or which, in the Courier’s reasonable opinion may potentially be hazardous or dangerous to the Courier or the general public (“Prohibited Items”). Prohibited items include but are not limited to the following:

 

a) Weapons, arms, ammunition or associated parts, accessories, materials, ingredients or technology, including deactivated and replica weapons;
b)
Blades of any kind longer than 1.5 inches;
c) Power tools such as chain saws;
d) Explosives, including fireworks;
e) Flammable materials;
f) Corrosives;
g) Poisonous, toxic or radioactive substances;
h) All other dangerous chemicals and biological agents;
i) Controlled drugs and narcotics, including associated paraphernalia;
j) Any item packaged in a dangerous or hazardous container.

 

The Courier will have no liability in respect of any Prohibited Items or Excluded Items in the Customer’s Consignment, including but not limited to any loss or damage or failure to deliver Prohibited Items or Excluded Items. The Customer agrees to indemnify the Courier against all loss and damage caused by any Prohibited Items or Excluded Items in the Customer’s Consignment and/or by the Customer’s breach of the above prohibition.

 

In the event that the Customer’s Consignment includes any Prohibited Item(s) or Excluded Item(s), it may be subject to delay, return or be held for collection by the Customer or the receiver.

 

If a Consignment containing Excluded Items is held for collection, the Customer will be notified that the collection of such Consignment must be arranged by a certain date. The Customer may incur storage charges in relation to this. The Consignment may be discarded if:

 

a) it is damaged to such an extent that it is a health and safety risk (such as smashed glass), in which case the Customer will be notified of this; or
b) if the Customer has been notified of a storage time limit, which has been exceeded.

 

Consignments may include data stored in writing in any format, whether hard copy or electronic, with contents including but not limited to names, addresses, bank details, signatures and dates of birth, but this shall be entirely at the Customer’s own risk.

 

The Customer must provide a full street address, including postcode, and not a PO Box or BFPO address, both for the collection and delivery.

 

 

E4. Collection

 

 

The Customer’s Consignment must be packaged to a reasonable standard to protect the contents. The packaging must also be sufficient to hold the Consignment’s weight. All Consignments must be able to withstand a short drop, unless clearly marked as fragile.

 

It is the Customer’s 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, which should match the details provided via the Gophr Marketplace. It is not the Courier’s responsibility to check this information.

 

The Courier will assume that Consignments have been correctly packaged and will exercise an appropriate level of skill and care based on this assumption. Any claim resulting from a Consignment which has not been packaged to a reasonable standard and in line with the above requirements may be declined.

 

Customers must ensure the correct parcel is given to the Courier.

 

The Courier has the right to refuse a Consignment in circumstances where it is reasonable to do so. This includes but is not limited to the Consignment not being packaged, the packaging being insufficient, or the Consignment not complying with the information provided in the Order – for example, it is not labelled correctly, contains a Prohibited Item or is larger or heavier than stated. In such circumstances the Customer may be charged in full.

 

The Customer can identify the Courier by their reference ID and photograph, which the Customer will receive on Order was acceptance. The Courier will also have the details of the Order on their device. The Courier accepts no liability for loss of or damage to a Consignment as a result of the Consignment being given to anyone other than the Courier.

 

The collection of a Consignment will normally occur on the Customer’s chosen date within the Customer’s chosen timeslot, which can be either an immediate courier booking or scheduled ahead of time as a pre-booked courier booking. However, collection dates and times are not guaranteed. If the Courier is not able to collect by the time set out in the Order, the Courier will notify the Customer of the revised collection time as soon as possible.

 

If the Courier is unable to collect the Consignment within the Customer’s chosen timeslot by reason of the Customer’s act or omission, then the Customer may be charged in full. Any redelivery of the Consignment will require a new Order, for which the Customer will be charged in full.

 

If the Courier does not collect the Consignment within the Customer’s chosen timeslot, other than by reason of the Customer’s act or omission, the Customer must contact the Courier immediately via  Gophr Marketplace to rearrange collection. In the event that the Courier is unable to collect, the Customer will not be charged (or if already paid, receive a refund).

 

 

E5. Delivery

 

 

Delivery dates and times are not guaranteed.

 

The Courier will endeavour to notify the Customer by email, text and/or phone call if there are any issues with delivery.

 

The Courier can only deliver to a full street address, and not to a PO Box or BFPO address. Deliveries will be made to the address on the item: main front door, reception or goods in. The Courier 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. Couriers will not redeliver or refund any returned item where the Courier has been unable to arrange a delivery if a telephone number or email address has not been provided.

 

The Courier will call/ email/ text the Customer if the method of delivery is not possible when they arrive at the delivery point. After making reasonable attempts to deliver, the Courier shall return the unsuccessful Consignment to the sender. As this requires the Courier to travel twice the distance, no refund will be given and the Customer may be charged up to twice the full value of the Order.

 

The Courier shall ensure that the receiver signs for the Consignment upon delivery, indicating whether the Consignment is undamaged, damaged or unchecked. This will be logged by the Courier.

 

Where the Customer requests delivery where no person will be able to sign for the Consignment (such as leaving the Consignment at an unmanned address) and the Courier accepts this request, 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.

 

 

E6. Customer changes

 

 

If the Customer wishes to make a change to an Order, they must contact Gophr via the Gophr Marketplace or if the Courier is already performing the Courier Services, inform the Courier directly. Either Gophr or the Courier will inform the Customer if the change is possible. If it is possible, Gophr or the Courier will inform the Customer of any changes to the price of the Order, the timing of delivery or anything else which would be necessary as a result of the Customer’s requested change, and ask the Customer to confirm whether they wish to go ahead with the change. If the change cannot be made or the consequences of making the change are unacceptable to the Customer, clauses E8, E9 and E10 of this Section E: Same Day and Shift Services Terms) shall apply.

 

 

E7. Cancellation policy 

 

 

The Customer has the right to withdraw from the order process at any point before submitting an Order.

 

In the event the Customer cancels the Order within one hundred and eighty (180) seconds following the Courier’s acceptance of the Order, eighteen (18) hours or more before the beginning of the pickup window, the Customer will not be charged a cancellation fee.

 

In the event the Customer cancels at any other time up to collection, a cancellation fee of an amount equivalent to 20% of the charges paid or payable or the minimum vehicle fee listed in the pricing schedule (whichever is larger) will apply.

 

Cancellation through the Gophr Marketplace is not allowed for Consignments where the charges payable are £75 net or more. In the event the Customer wishes to cancel in these circumstances, the Customer will be put in touch with the Gophr team, and a cancellation fee of an amount equivalent to 50% of the charges paid or payable may be applied.

 

Once the Consignment has been collected from the Customer, the Customer cannot cancel the Order and the full fee shall be payable.

 

 

E8. Courier’s rights to cancel the contract

 

 

The Courier may end the contract at any time by writing to the Customer if:

 

a) the Customer does not, within a reasonable time of the Courier asking for it, provide the Courier with information that is necessary for them to provide the Courier Services;
b)
the Customer does not, within a reasonable time, allow the Courier to collect the Consignment or deliver it to the receiver; or
c) the Courier is unable to complete the Order.

 

Where the Courier terminates the contract in accordance with (c) above, Gophr will refund any money the Customer has paid in advance for services the Courier has not provided.

 

Where the Courier terminates the contract in accordance with (a) or (b) above, the Customer shall be liable to pay Gophr cancellation fees as set out in this Section E: Same Day and Shift Services Terms, including a charge for waiting at the pickup location if applied in case (b).

 

 

E9. If there is a problem

 

 

In the event of a dispute between the Customer and the Courier, the parties shall follow Section F: Disputes Procedure via the Gophr Marketplace.

 

 

E10. Charges and payment

 

 

Gophr shall invoice the Customer for all sums due, plus VAT, in respect of:

g) services provided to the Customer by Couriers and Carriers (including Surcharges and Cancellation fees);
h) Standard Liability and/ or Enhanced Liability Insurance.
i) Any other additional services or costs which may form part of the Order.

 

Amounts owed to Gophr are due and payable on the date of the invoice, unless otherwise agreed in writing. Payments shall be made via such payment process as agreed with Gophr. 

 

If the Customer disputes any invoice, the Customer must notify Gophr in writing within seven (7) days of receipt of the invoice. The Customer shall pay all amounts not disputed on the due date, otherwise administration fees and interest may be applied. 

 

Gophr shall be entitled to recover any monies owed under Section E: Same Day and Shift Services Terms.

 

 

E11. Surcharges

 

 

Surcharges may be payable by the Customer in addition to the charges quoted when the Order is placed. Surcharges represent the additional costs suffered by the Courier in connection with provision of the Courier Services. Details of the amounts of such Surcharges and the circumstances in which they will apply can be found here: https://uk.gophr.com/surcharges/

 

When a Surcharge is payable, it will be charged directly to the payment method used to make the initial Order (and the Customer hereby authorises the automated payment of such charges), or invoiced to the Customer with the charges.

 

 

E12. The Courier’s responsibility for loss or damage suffered by the Customer

 

 

In the event of loss or damage to the Customer’s Consignment, both the Customer and the Courier shall comply with Section F: Disputes Procedure.

 

The Courier shall only be liable to the Customer to the extent to which the Customer has not already recovered its loss and damage from Gophr. In this event, the Courier shall be liable to the Customer for direct loss up to a maximum of the equivalent of the charges paid in relation to the relevant Order.

 

The Courier shall not be liable for losses that result from its failure to comply with this Section E: Same Day and Shift Services Terms that fall into the following categories:

 

a) consequential, indirect or special losses;
b) loss of profits, income or revenue;
c) loss of savings or anticipated savings, interest or production;
d) loss of business or business benefits;
e) loss of contracts;
f) loss of opportunity or expectations;
g) loss of goodwill and/or reputation;
h) loss of marketing and/or public relations time and/or opportunities;
i) loss of data; or
j) loss of management or office time,

 

or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

The Courier shall not be liable for losses that result 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; or

c) any action taken in controlling, preventing, suppressing or in any way relating to (a) or (b) above.

 

 

 

Nothing in these terms shall limit or exclude the Courier’s liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other loss which cannot be limited or excluded by law.

 

 

E13. Other important terms

 

 

The Customer may not transfer its rights or obligations under this Section E: Same Day and Shift Services Terms to any third party.

 

This contract is between the Customer and the Courier. Except as expressly provided, no other person shall have any rights to enforce any of its terms.

 

Clauses E7, E8, E9, E10, E11 (in respect of any outstanding payments), E12 (in respect of any outstanding payments), E13 and E14, and all clauses required for their interpretation, shall survive termination of this Section E: Same Day and Shift Services Terms for any reason.

 

SECTION F: DISPUTES PROCEDURE

 

This Section F: Disputes Procedure shall apply between Gophr, Couriers and Customers.

 

 

F1. Gophr’s obligations

 

 

Gophr shall provide a procedure for resolving disputes between Customers and Couriers via the Gophr Marketplace. Gophr shall use its reasonable endeavours to mediate any dispute between the Customer and the Courier where such dispute is submitted to Gophr via the Disputes Procedure, and both parties comply with the terms set out in this Section F: Disputes Procedure.

 

 

F2. Customer’s obligations

 

 

Once the Courier has departed following delivery of the Consignment, or in the event that the Courier does not deliver a Consignment and has not been able to find the Consignment in accordance with clause F4 below, the Customer shall submit all enquiries relating to loss or damage to Consignments to Gophr and not to the Courier. Failure to comply with this requirement may cause a delay in the resolution of any dispute.

 

 

F3. Damaged items

 

 

In the event of damage to a Consignment, the Customer must:

a) mark the item as “damaged” on the mobile device provided by the Courier;
b) notify Gophr via https://gophr.typeform.com/to/x0kYpd within seven (7) days of delivery; and
c) retain the damaged item in the state that it was delivered, at the address it was delivered to, together with all packaging, until the dispute procedure is concluded.

 

 

F4. Lost items

 

 

In the event of non-delivery of a Consignment, the Customer must:

a) contact Gophr via https://gophr.typeform.com/to/x0kYpd within twenty-four (24) hours of the expected delivery date as agreed between the Courier and the Customer through the Gophr Marketplace (“Expected Delivery Date”), to notify the Courier of the failure to deliver; and
b) permit the Courier seventy-two (72) hours to search for and locate the lost item.

 

 

F5. Information to be provided

 

 

On submission of a dispute the Customer shall provide to Gophr

a) proof that the Courier has collected the Consignment from the sender;
b)
a copy of the invoice for the item that shows the value of the Consignment; and
c) serial numbers and IMEI numbers for electrical items.

 

Both the Courier and the Customer shall provide all other information requested by Gophr to assist with its assessment of a dispute within twenty-one (21) days of receipt of Gophr’s request.  Such information may include photographs of the Consignment or permission for Gophr to inspect the Consignment.

 

If the information requested is not received within the above timescales, Gophr may refuse to mediate the dispute.

 

Gophr may also ask for an estimate of repair costs for damaged items, or confirmation that an item cannot be repaired, to be supplied by a specialist in the relevant type of repairs.

 

 

F6. Remedies

 

 

Gophr shall retain all charges paid by the Customer to Gophr in respect of the delivery of the relevant Consignment throughout the period of any dispute process and until the period for contesting a decision, as set out below, has passed.

 

In the event that the dispute is not resolved via the Disputes Procedure, the Customer and the Courier shall make alternative arrangements for the resolution of the dispute.

 

If the Customer or the Courier wishes to contest any decision made via the Disputes Procedure, they must write to Gophr’s Operations team (aftercare@gophr.com) within seven (7) days from the date of the decision.

 

Gophr does not accept any liability in respect of the Disputes Procedure, including any failure of the procedure to resolve the dispute.

 

In the event that of a dispute with any other Visitor to the Gophr Marketplace, Gophr is released from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute, except as expressly set out in these terms. 

 

 

SECTION G: GENERAL TERMS

 

This Section G: General Terms shall apply to each of the other sections.

 

 

G1. Changes

 

 

Gophr reserves the right to amend these terms at any time (other than a contract under Section E: Same Day and Shift Services Terms that has already been entered into between a Courier and a Customer for a specific booking) on the provision of notice in writing, by email or via a message displayed on the Gophr Marketplace. Continued use of the Gophr Marketplace (whether wholly or partly) and Services shall be deemed to be acceptance of such change(s) in respect of the updated or revised terms. If you do not agree with the changes to these terms, you may cancel your agreement with Gophr by written notice.

 

Gophr reserves the right to make any changes to the Gophr Marketplace including any functionalities and content therein or to discontinue a specific feature from time to time provided that:

a) Gophr notifies Visitors in writing using the Gophr Marketplace; and
b) such changes shall have no material adverse effects to Visitors.

 

 

G2. Notices

 

 

All notices to Gophr or other Visitors must be given via the Gophr Marketplace.

 

All notices from Gophr must be given via the Gophr Marketplace, by using the email address provided on registration or such other email  address notified to Gophr in writing.

 

Notice will be deemed received and properly served immediately when posted on the Gophr Marketplace, twenty-four (24) hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to the specified email address of the addressee.

 

G3. Force Majeure

 

Neither party shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to any of the following:

a) Acts of God, flood, earthquake, windstorm or other natural disaster;
b) epidemic or pandemic;
c) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
d) terrorist attack, civil war, civil commotion or riots;
e) nuclear, chemical or biological contamination or sonic boom;
f) any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent;
g) fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the Courier) or adverse weather conditions;
h) interruption or failure of utility service, including but not limited to electric power, gas or water;
i) any labour dispute, including but not limited to strikes, industrial action or lockouts;
j) non-performance by suppliers; and
k) collapse of building structures, failure of plant machinery, machinery, computers or vehicles.

 

G4. Late Payments

 

Gophr reserves the right to charge an administration fee of £25 (without limiting Gophr’s remedies elsewhere in these terms) for each time it has to contact the Customer regarding late payment. 

 

Interest will be charged on all late payments and will accrue at an annual rate of eight per cent (8%) above the Bank of England’s base rate, subject to a minimum base rate of zero per cent (0%). Interest will be charged on a daily basis 

from the due date until the payment date of the overdue balance. 

 

Where a payment is disputed in good faith, interest is only payable after the dispute is resolved, on sums found or agreed to be due, from the due date until payment date.

 

Gophr reserves the right to suspend access to Services should the Customer fail to pay an overdue payment.

 

G5. Severability

 

Each of the paragraphs of these terms operates separately. If any of the terms are deemed by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

G6. Entire agreement

 

Sections B to F and any document expressly referred to in them each constitute the whole terms between Parties and supersede any previous arrangement, understanding or terms between Parties relating to the subject matter of the relevant section.

 

Each party acknowledges that, in entering into Sections B to F (including any document expressly referred to in them), they have not relied on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to the relevant Section or not) other than expressly set out in the relevant Section.

 

Each party agrees that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in the relevant Section.

 

G7. Survival

 

All clauses in this Section G: General Terms, and all clauses required for their interpretation, shall survive termination of the terms for any reason.

 

G8. Law and jurisdiction

 

These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

 

SECTION H: DATA PROTECTION AND PRIVACY POLICY

 

Gophr is committed to protecting and respecting your privacy. This Data Protection and Privacy Policy (“Policy”) (together with and any other documents referred to therein) sets out the basis on which the personal data collected from you, or that you provide to us will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

 

For the purpose of the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018

(collectively the “Data Protection Laws”), the Data Controller is Gophr Limited.

 

H1. YOUR PERSONAL INFORMATION

 

We collect and process some or all of the following types of information from you in the course of providing our services, in particular your use of Gophr Marketplace located at gophr.com (including subdomains), via the “Gophr” app and, in the case of Couriers, the “Gophr Work” app (“Gophr Marketplace”):

 

Customers

Information that you provide when registering to use the Gophr Marketplace as a customer (and any subsequent updates to that information):

  • Login details – either directly or through a social media account (Facebook, LinkedIn, Google), in which case we see your email address, full name and which social media site you are using
  • Full name
  • Email address
  • Telephone number(s)
  • Profile photo
  • Whether your account is for business or personal use
  • Home/ business address
  • Company name and billing address
  • Industry sector
  • Favourite addresses and contacts
  • Payment card details (card type, last 4 digits, expiry date and a “token” to link our records with our payment rovider’s)
  • Any other information you include in your customer profile

Information that you provide in the course of communications with us, or with a Courier via the Gophr Marketplace. This includes:

  • Details provided as part of the booking process (e.g. location, collection and delivery addresses, contact names)
  • Information you provide when requesting further details of our products and services
  • Information you provide when requesting help in using the Gophr Marketplace

 

  • We will keep records of all bookings and payments made via the Gophr Marketplace.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to espond to them.
  • Details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.

 

We process information relating to a booking or potential booking between the Customer and the Courier as set out in clause 6 of the Customer Usage Terms as a data process on your behalf as the data controller. This includes collection and delivery addresses.

 

Unless you register using a social media account, the provision of your full name and email address is required from you to enable us to register you as a Customer. We will inform you at the point of collecting information from you, whether you are required to provide the information to us.

 

Couriers

  • Login details
  • Full name
  • Email address
  • Telephone number(s)
  • Home address
  • Copy of driver’s licence
  • MOT documentation
  • Insurance documentation
  • Photograph
  • Photo of the ID or Passport
  • VAT Certificate (if applicable)
  • Company name and address
  • Information about items you are happy to deliver (e.g. alcohol, pork, beef) which may suggest your religion, although we do not store your religious beliefs expressly
  • List of jobs accepted/ delivered
  • Various location-based and time-based events related to the deliveries

 

Location-based and time-based events related to the deliveries will be collected automatically from your device, which is necessary as part of providing services to Customers. Other than where the app collects information automatically, we will inform you at the point of collecting information from you, whether you are required to provide the information to us.

 

Information we collect from other sources

 

If you register with the Gophr Marketplace using a social media account, we will obtain your email and full name from the social media site.

 

We collect names and email addresses of contacts at potential Customers for the purpose of marketing and business development. This information may be found in a number of ways, including using online searches, LinkedIn profiles and word of mouth.

If you are a Courier or are registering to become a Courier, we may obtain:

  • personal information about you from background checks, for example criminal records checks,
  • information about your insurance, if you provide us with your Zego ID.

 

H2. USES MADE OF YOUR INFORMATION

 

Lawful basis for processing

We rely on legitimate interest as the lawful basis on which we collect and use your personal data. Our legitimate interests are performance of contracts with Customers, Couriers and our suppliers, marketing and business development and the administration and improvement of the Gophr Marketplace.

 

Purposes of processing

We use information held about you in the following ways:

  • To provide you or the organisation that you are engaged by with our services.
  • To carry out our obligations arising from any contracts entered into between you and us. This includes:

o Where you are a Customer, to provide Couriers you have booked with the information needed for them to carry out their services.

o Where you are a Courier, to provide Customers who have booked you with the information they need in order to receive your services.

  • To provide you with information and offers that you request from us or which we feel may interest you.
  • To notify you about changes to our services.
  • To ensure that content on the Gophr Marketplace is presented in the most effective manner for you and for the device(s) you use to access and view the Gophr Marketplace;

 

Marketing

Our sales team may use personal data to provide potential Customers with information about our services. We use legitimate interests as our lawful basis for collecting and using such personal data. Our legitimate interests are marketing and business development. Individuals have the right to object

to our processing of their personal data for marketing purposes.

 

In addition to the above uses we may use Customer information to notify you about goods or services which may be of interest to you. Where we do this, we use consent as our lawful basis for processing.

This means we will contact you by electronic means (email or SMS) only if you have opted in to receiving such communication.

 

You can opt out of receiving marketing communications at any time.

 

If you do not want us to use your data in this way please either:

(i) tick the relevant box situated on the form on which we collect your data (for example, the registration form); or

(ii) unsubscribe from our electronic communications using the method indicated in the relevant communication; or

(iii) inform us at any time by contacting us at the contact details set out below.

 

H3. DISCLOSURE OF YOUR INFORMATION

We routinely pass Customer information to Couriers they have booked (as set out in clause 6 of the Customer Usage Terms), and Courier information to the Customers who have booked (or are considering booking) their services.

We may pass your information to our third-party service providers, agents, subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf (e.g. to host our servers, to send out newsletters or surveys on our behalf).

 

We may also disclose your personal data to third parties:

  • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or
  • if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; or
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions and other agreements; or
  • to protect our rights, property, or safety or that of our affiliated entities and our users and any third party we interact with to provide the Gophr Marketplace; or
  • in relation to selected third parties only, only to the extent that you have consented to such selected third parties notifying you about certain goods or services, which may be if interest to you.

 

Other than as set out above, and save insofar as is necessary in order for us to carry out our obligations

arising from any contracts entered into between you and us, we will not share your data with third parties unless we have procured your express consent to do so.

 

H4. STORING YOUR PERSONAL DATA

 

Security

We take appropriate measures to ensure that any personal data are kept secure, including security measures to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal data to those who have a genuine business need to know it.

 

Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

 

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Gophr Marketplace; any transmission is at your own risk. Please make sure your browser indicates “Secure connection”. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

The Gophr Marketplace may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms of use and that we do not accept any responsibility or liability for these policies and terms of use. Please check these policies before you submit any personal data to these websites.

 

Keeping your personal data up to date

If your personal details change you may update them via the Gophr Marketplace or by contacting us using the contact details below. We will endeavour to update your personal data within seven (7) working days of any new or updated personal data being provided to us, in order to ensure that the personal data we hold about you is as accurate and up to date as possible.

 

How long we keep your personal data

We will hold the data set out above for a reasonable time having regard to the nature of the personal

data and the purpose for which it was collected. In particular:

  • Where we hold your personal data in connection with the performance of a contract with one of our customers or suppliers, we will hold your data, and in particular any communications between you and us in relation to the negotiation or performance of the contract by either party for so long as that contract is in force and for a period of at least seven (7) years after;
  • Where we hold your data in connection with the marketing or promotion of our business, we will hold your data for up to two (2) years, or for up to two (2) years after you last communicated with us, if later.
  • In respect of website usage data, we hold your data for five (5) years from the date of collection.

 

Where we store your personal data

All information we hold about you is stored on Google Cloud Platform servers in the UK and/or the European Economic Area (“EEA”).

We may transfer your personal data to, and store it at, a destination outside the EEA. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your orders, the processing of your payment details and the provision of support services.

 

Where the United Kingdom and/or the European Commission has not given a formal decision that any

country your personal data may be transferred to or stored in provides an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal

data will be subject to a United Kingdom and/or European Commission approved contract designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal data. To obtain a copy of such safeguards or if you would like further information please contact us (see ‘Contact’ below).

 

H5. YOUR RIGHTS

Under the General Data Protection Regulation (GDPR) you have a number of important rights, which include:

  • access to your personal data and to certain other supplementary information that this Policy is already designed to address
  • require us to correct any mistakes in your information which we hold
  • require the erasure of personal data concerning you in certain situations
  • receive the personal data concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  • object at any time to processing of personal data concerning you for direct marketing
  • object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • object in certain other situations to our continued processing of your personal data
  • otherwise restrict our processing of your personal data in certain circumstances
  • claim compensation for damages caused by our breach of any data protection laws.

 

For further information on each of those rights, including the circumstances in which they apply, see

the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under GDPR.

 

If you would like to exercise any of those rights, please:

  • email us (if you prefer to call or write to us, we will need you to follow up by email in order to identify you),
  • let us have enough information to identify you (eg. your email and/ or customer id / courier id)
  • let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
  • let us know the information to which your request relates, including any account or reference numbers, if you have them.

 

H6. HOW TO COMPLAIN

We hope that we can resolve any query or concern you raise about our use of your information.

 

GDPR also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.

 

H7. CHANGES TO OUR PRIVACY POLICY

We reserve the right to modify this Policy at any time. Any changes we may make to our Policy in the future will be notified and made available to you using the Website. Your continued use of the services and the Website shall be deemed your acceptance of the varied privacy policy.

 

H8. INFORMATION ABOUT OUR USE OF COOKIES AND SIMILAR TECHNOLOGIES

We may collect information about your mobile phone, computer or other device from which you access the Gophr Marketplace, including, where available, your IP address, operating system and browser type, for systems administration, to improve our services and applications and to report aggregate information to third party affiliates. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. We may, however, use such information in conjunction with the data we have about you in order to track your usage of our services.

 

Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve the Website. By using our Website you agree to our use of cookies as more specifically set out below.

 

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. Cookies do not apply in our downloadable apps, but we use similar technologies to achieve the same aim.

 

The cookies we use include:

  • “Analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.
  • “Strictly necessary” cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.
  • “Functionality” cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • “Targeting” cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed to our affiliates’ websites. We will use this information to develop our Website, or location or to track effectiveness of our marketing campaigns in the search engines or the external websites. We may also share this information with third parties for this purpose.

 

Please note that third party affiliates may also use cookies, over which we have no control. Cookies which are strictly necessary for the core functionality of the website are enabled by default and set automatically at the point you access the website.

 

Any cookies which are not strictly necessary for the functioning of the website will not be set unless you expressly consent to them through the cookie banner by clicking “accept”. You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website.

 

 

H9. SAME DAY AND SHIFT SERVICES

 

Use of personal data provided by the Customer

 

The Courier receives personal data provided by the Customer via the Gophr Marketplace. The Customer and the Courier acknowledge that for the purposes of Data Protection Legislation, the Customer is the data controller and the Courier is a data processor in relation to the personal data set out in the table below.

 

Types of personal data Name

Collection address

Delivery address

Telephone number

Any other information disclosed via the Gophr Marketplace in relation to a delivery

Categories of data subject Sender and recipient of each Consignment
Scope of processing In accordance with the Customer’s instructions under this Section E: Same Day and Shift Services Terms
Nature of processing Accessing in relation to acceptance of bookings via the Gophr Marketplace and delivery of Consignments in accordance with Orders
Purposes of processing Provision of Courier Services to Customers, and resolving disputes
Duration of processing Until delivery of the Consignment, or if later until the resolution of any dispute in relation thereto

 

The Customer and the Courier will comply with the Data Protection Legislation.

 

The Courier shall, in relation to any personal data processed in connection with the Consignment:

 

a) process such personal data only on the Customer’s documented instructions as set out in this clause E14 (as updated from time to time by agreement between the parties), unless required to do so by applicable law; in such a case the Courier shall inform the Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;

 

b) ensure that persons authorised to process personal data provided by you have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

 

c) not transfer personal data outside of the United Kingdom;

 

d) assist the Customer (at the Customer’s cost) in responding to any data subject access request and to ensure compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, privacy impact assessments and consultations with supervisory authorities or regulators;

 

e) notify the Customer without undue delay on becoming aware of a personal data breach or communication which relates to the Customer’s or the Courier’s compliance with the Data Protection Legislation;

 

f) at the written request of the Customer, delete or return personal data (and any copies of the same) to the Customer on termination of this Section E: Same Day and Shift Services Terms unless required by the Data Protection Legislation to store the personal data;

 

g) only process personal data via the Gophr Marketplace, which the Customer acknowledges is subject to appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result therefrom, having regard to the state of technological development and the cost of implementing any measures;

 

h) allow for audits by the Customer or the Customer’s designated auditor.

 

The Customer agrees that any Substitute appointed under this Section E: Same Day and Shift Services Terms is a third-party processor of personal data. By agreeing in writing to be a Substitute under this Section E: Same Day and Shift Services Terms, the Substitute shall agree to comply with this clause E14 and Gophr’s Privacy Notice. The Courier shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause.

 

The Courier shall not be considered a data controller or a data processor for any personal data that is contained within a Consignment.