Terms & Conditions

Gophr Terms and Conditions for the supply of Courier Services

IMPORTANT NOTICE 

The Customer’s attention is drawn in particular to the following provisions of this Agreement:

(a) Accuracy of Order Information – Customer is responsible for entering accurate information when making an Order (clauses 3.1 and 6.4). 

(b) Delivery issues – Customer may have to pay an additional Return Charge if Gophr is unable to deliver an Order in accordance with the Customer instructions, there is no safe place to leave the Order, or the receiver of the Order refuses to take delivery of the Order (clause 6.2).  

(c) Insurance – Business Customers are responsible for insuring the contents of Packages for their full market value if the value exceeds the liability limits in this Agreement. Gophr strongly recommends that all Customers obtain appropriate insurance cover (clause 9).

(d) Limitation of Liability – Gophr’s liability to Business Customers for any loss of or damage to a Package or delays or other losses, is explained in clause 11. Gophr’s liability to Consumer Customers for any loss of or damage to a Package or delays or other losses, is explained in Schedule 3 – please read these provisions carefully.

(e) Prohibited Items and Packaging – Some items are prohibited from delivery and specific packaging requirements apply (see clause 8.1 and Schedule 2).

The terms and conditions below, along with the Schedules attached to it, together form the Agreement on which Gophr is prepared to provide access to and use of the Gophr Platform and provision of the courier services. 

If you are a Consumer Customer:

• the Agreement applies to you in full, except to the extent that a provision is stated not to apply to Consumer Customers;
• the Additional Consumer Terms set out in Schedule 3 also apply to you. To the extent that there is any conflict or inconsistency between the main body of these terms and conditions and the Additional Consumer Terms in Schedule 3, the Additional Consumer Terms will prevail; and
• nothing in this Agreement limits or excludes your statutory rights.

By using the Gophr Platform, each User accepts and agrees to comply with this Agreement. 

When an Order is made on the Gophr Platform by a Customer for Gophr Services, this is an offer by the Customer to buy the Gophr Services. A binding contract between Gophr and the Customer for the provision of the Gophr Services is created each time that Gophr accepts the Customer’s offer, which Gophr does by confirming the Order via the Gophr Platform.

1. Definitions and interpretation

The following definitions and rules of interpretation apply in this Agreement:

1.1 Definitions

Business Customer	means any Customer that is not a Consumer Customer;
Cancellation Fee	means the fee payable by the Customer to Gophr in the event of cancellation of an Order, calculated in accordance with Schedule 1;
Charges	means all sums payable by the Customer to Gophr under this Agreement, comprising Fees, Return Charges, Cancellation Fees, Wait Time Fees, and any additional amounts owed by the Customer to Gophr;
Consumer Customer	means a Customer ordering Gophr Services for personal reasons (i.e. reasons that are wholly or mainly outside that Customer’s trade, business, craft or profession);
Collection Point	means the address within the UK that a Package is to be collected from as notified by the Customer to Gophr on the Gophr Platform at the time of the Order;
Customer	means a person or company who makes an Order for Gophr Services;
Declared Value	means the value of a Package as declared by the Customer at the time of an Order, or, where no value is declared, £100 per Package;
Delivery Point	means the address within the UK that a Package is to be delivered to as notified by the Customer to Gophr on the Gophr Platform at the time of the Order (or in the case of a Shift Booking during the course of Gophr providing the Gophr Services);
Fee(s)	means the amount that Gophr charges for the Gophr Services to a Customer as notified to the Customer on the Gophr Platform at the time of the Order;
Force Majeure Event	means an event or series of events occasioned by any circumstances beyond a party’s reasonable control, including but not limited to an act of God, war, hostilities, riots or civil commotion, industrial action; suspension or cancellation of transport services by reason of the presence, adverse weather, fire, flood, epidemic or pandemic; traffic congestion, mechanical breakdown, failure of suppliers or subcontractors, or the obstruction or inaccessibility of any property;
Gophr	means Gophr Limited, a company registered in England and Wales under company number 8872811, with its registered office at Spitalfields House 1st Floor, Stirling Way, Borehamwood, England, WD6 2FX;
Gophr Platform	means the website application located at gophr.com (including subdomains), accessible via API, via integrations with third party booking platforms, or via the Gophr app;
Gophr Services	means the courier Next Day Service and/or Same Day Service, Single Booking, MultiDrop Booking, and Shift Booking Service provided by Gophr from the Collection Point to the Delivery Point using a Vehicle, subject to the provisions of this Agreement;
Login Details	means all registration details, passwords and login details for the Gophr Platform;
Next Day Service	means delivery of a Package where the delivery is one day or more after the pickup, and may only be a Single Booking;
Order	means: a) a request by the Customer to carry a single Package from a Collection Point to a Delivery Point on a Next Day Service or Same Day Service basis, at a particular date and time (Single Booking); b) a request by the Customer to carry multiple Packages from one or more Collection Points to one or more Delivery Points on a Same Day Service basis (MultiDrop Booking); and/or c) a request by the Customer for a courier to be available for a specified period of time on a particular date to carry multiple Packages as directed by the Customer during that period and agreed with Gophr (Shift Booking);
Package	means any item that is not a Prohibited Item that the Customer wishes Gophr to collect from the Collection Point and deliver to the Delivery Point;
Prohibited Items	means any item that the Customer is prohibited from submitting for delivery as described in Schedule 2;
Return Charge	means an additional charge of 100% of the Fee payable
Same Day Service	means delivery of a Package on the same day as pickup, and which may be a Single Booking or MultiDrop Booking;
Specification	means the specific Gophr Services to be provided by Gophr under this Agreement and set out on the Gophr Platform or in an email to the Customer;
Third Party Provider	means a third party engaged by Gophr to provide part or all of the Gophr Services;
User	means a user of the Gophr Platform;
Vehicle	means any car, motorcycle, van or other form of transport used by Gophr to fulfil an Order; and
Wait Time Fees	means additional fees payable by the Customer to Gophr in the event of wait time in excess of ten (10) minutes from arrival at Collection / Delivery Points, calculated in accordance with Schedule 1.

1.2 Any reference to a law includes reference to that law as amended or replaced from time to time and to any subordinate legislation made under that law.

2. User Registration

2.1. All Users who wish to arrange for the delivery of Packages via the Gophr Platform must register using an online registration form to be able to make an Order as a Customer. By registering, Users confirm that:
2.1.1 they are legally capable of entering into binding contracts;

2.1.2 they are at least 18 years old; 

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

2.1.4 the information provided to Gophr is accurate and complete and the Customer undertakes promptly to update its details on the Gophr Platform or notify Gophr if there are any changes to such information.

2.2. The User consents to Gophr conducting verification and security checks as part of the registration process.

2.3. A User that registers as a Business Customer confirms that it has the authority to commit the relevant entity to this Agreement.

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

2.5. All Users are required to keep all Login Details confidential and secure. If the User knows or suspects that their Login Details have been compromised, they must promptly notify Gophr. 

2.6. The User is responsible for all activity that occurs under its account, whether or not authorised by it.

2.7. The User must:

2.7.1 maintain reasonable technical and organisational security measures in respect of its systems, networks, and personnel to prevent unauthorised access to or misuse of the Gophr Platform; and

2.7.2 notify Gophr without undue delay (and in any event within 24 hours) upon becoming aware of any actual or suspected security incident affecting the Customer’s systems that may impact the Gophr Platform or Gophr’s systems, including any compromise of the User’s email accounts or other communication channels.

2.8. The User must not: 

2.8.1 misuse the Gophr Platform by introducing viruses or other material that is malicious or harmful, or otherwise harmfully interacting with the Gophr Platform;

2.8.2 attempt to gain unauthorised access to the Gophr Platform; 

2.8.3 interfere with, damage or disrupt any software used in the provision of the Gophr Platform or any equipment or network or software owned or used by any third party on which the Gophr Platform relies in any way; or 

2.8.4 attack the Gophr Platform via a denial-of-service attack or a distributed denial-of-service attack.

 

3. Booking and Tracking Packages

3.1. The Gophr Platform allows for automated booking by the Customer without human intervention. Gophr does not check Orders before providing the Gophr Services and accepts no liability for any errors or omissions in the Order. It is essential that the Customer correctly enters all details for the Order so that the correct Gophr Services and Fees are applied. Fees are calculated according to the information provided by the Customer when making an Order. As set out in clause 6, if incorrect or incomplete information is provided by the Customer, Gophr may decline to provide the Gophr Services and Cancellation Fees may be payable.

3.2. Gophr will use reasonable endeavours to update the Customer via the Gophr Platform in real time at twenty (20) second intervals and at each stage of the journey (e.g. en route, collection, delivery) to track the Package, subject to the availability and performance of internet and mobile network services. Customer acknowledges that Gophr may not be able to provide such tracking in respect of Gophr Services provided by Third Party Providers.

 

4. Gophr Services

4.1. Gophr shall provide the Gophr Services, and shall use its reasonable endeavours to provide the Gophr Services on the dates and at the times requested by the Customer as noted in the Order.

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

4.3. Subject to express instructions given by the Customer and agreed by Gophr, Gophr shall choose the method of delivery, type of Vehicle and the route to be used for the delivery of any Package, acting reasonably in all circumstances. Gophr may use its own workers to carry out the deliveries or subcontract the deliveries to independent contractors or Third Party Providers. 

4.4. Gophr may utilise Artificial Intelligence (AI) systems and models within the Gophr Platform or in its delivery of the Gophr Services. The Customer accepts that any information input to the Gophr Platform, or otherwise submitted in respect of an Order, may be used by Gophr on an anonymised basis for the development, training, fine-tuning or validation of AI systems or models.

4.5. Any descriptions on the Gophr Platform are published to give an approximate idea of the services described. They will not form part of this Agreement or have any contractual force. If you are a Consumer Customer, nothing in this clause limits or excludes any information or rights that must form part of our contract with you under applicable consumer protection laws.

 

5. Delivery of Packages

5.1. When making an Order for a Single Booking, and/or MultiDrop Booking, the Customer shall inform Gophr of:

5.1.1 the number of Packages requiring delivery;

5.1.2 the size, weight and dimensions of each Package;

5.1.3 the nature of the contents of each Package;

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

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

5.1.6 whether Customer wants Next Day Service or Same Day Service;

5.1.7 the date and time for delivery and collection of the Package(s);

5.1.8 any special requirements regarding the handling or transportation of the Package(s); 

5.1.9 a direct telephone number and relevant contact details for the person at Package pickup and the person or organisation which is to receive the Package(s); and

5.1.10 any other information requested during the Order process. 

5.2. When making an Order for a Shift Booking, the Customer shall inform Gophr of:

5.2.1 the date, start time and end time of the shift;

5.2.2 the starting place of the shift, preferably with postcode;

5.2.3 the approximate number of Packages requiring delivery (provided that the Customer acknowledges that Gophr does not guarantee that delivery of all such Packages can be completed within the shift booked, and the Customer shall be responsible for ensuring that the number of hours booked is sufficient for the courier to complete all requested deliveries and return to the starting place of the shift); 

5.2.4 any special requirements regarding the Vehicle(s) to be used; and

5.2.5 any other information requested during the Order process. 

5.3. When Gophr accepts an Order, Gophr shall use reasonable endeavours to:

5.3.1 collect the Package from the Collection Point;

5.3.2 deliver the Package to the Delivery Point;

5.3.3 comply with any notified collection, delivery or handling instructions of the Customer, subject to the terms of this Agreement;

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

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

5.4. Gophr shall ensure that Packages are in the custody of a responsible person at all times, from the Collection Point until the Delivery Point.

5.5. Prohibited Items and other restrictions are set out in Schedule 2. Gophr reserves the right to open, inspect or scan any Package at any time to confirm compliance with this Agreement, but is not obliged to do so.

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

5.7. Gophr will deliver to the doorstep of the Delivery Point only where the size and weight of the Package(s) and access to the building (including the availability of a lift) make this reasonably practicable, as determined by Gophr acting reasonably. In all other circumstances, Gophr shall deliver the Package(s) to the kerbside nearest to the Delivery Point, and such delivery shall constitute delivery for the purposes of this Agreement.

5.8. Unless otherwise agreed in writing, deliveries are carried out by a single courier. Where any Package exceeds safe lifting limits for one person and the use of lifting equipment is not possible due to building access or the type of Vehicle, the Customer shall ensure that adequate assistance is available at the point of collection and/or delivery. If such assistance is not available, Gophr may refuse to collect or deliver the relevant Package(s) (or deliver to the kerbside in accordance with clause 5.7) without liability, and any applicable charges shall remain payable.

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

5.10. Should Gophr not be able to deliver for any reason attributable to the Customer or their recipient, clause 6.2 will apply.

 

6. Fees and other sums payable

6.1. The Customer shall pay all Charges due to Gophr in consideration for Gophr providing the Gophr Services.     

6.2. A Return Charge may be applied if Gophr is unable to deliver the Package in accordance with the instructions provided by the Customer in the Order, or the receiver refuses to take delivery, and the Package needs to be returned to the Collection Point and it is not, in Gophr’s reasonable opinion, possible to leave the Package in a safe place at the Delivery Point. The Customer will be liable for the Return Charge if two attempts to contact the Customer have failed or if it has been confirmed the collection or delivery cannot be made when scheduled. 

6.3. All Orders include ten (10) minutes waiting time from arrival at Collection / Delivery Points. After this, Wait Time Fees will be charged on a per minute basis in addition to the Fee. The rates for waiting time are set out in Schedule 1.

6.4. The Order details set out in clauses 5.1 and 5.2 must be entered accurately on the Gophr Platform. If any Order details are incorrect or if Gophr suspects that the Package contains a Prohibited Item or otherwise does not comply with the restrictions set out in Schedule 2, Gophr is entitled, acting reasonably, to refuse to take the Package and a Cancellation Fee may be payable as set out in Schedule 1 in addition to the Fee.

6.5. All Charges payable to Gophr under this Agreement:

6.5.1 for Business Customers, are exclusive of VAT and other applicable taxes and duties, which will be charged in addition at the rate in force at the time the Customer is required to make payment; 

6.5.2 for Consumer Customers, are inclusive of VAT and any other applicable taxes and duties; and

6.5.3 shall be paid in full without any set-off, counterclaim, deduction or withholding (except any deduction or withholding of tax required by law).

6.6. Unless otherwise agreed in writing, the Customer shall pay each invoice submitted to it by Gophr on the invoice date in accordance with the invoice instructions.

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

6.7.1 to charge interest on the outstanding amount at the rate of 4% a year above the base lending rate of Barclays Bank plc, accruing daily; and

6.7.2 not to perform any Gophr Services.

7. Suspension and termination

7.1. Gophr will use reasonable endeavours to ensure that the Gophr Platform is available at all times. However, Gophr may suspend the Gophr Platform for technical, operational or security reasons. Gophr will try to give advance notice of any unavailability where reasonably practicable, but this may not always be possible. Gophr is not liable for any suspension or non-availability of the Gophr Platform.

7.2. Gophr may suspend or terminate the performance of Gophr Services and/or a User’s access to the Gophr Platform if:

7.2.1 a User or someone using a User’s Login Details, has, in Gophr’s opinion, failed to comply with one or more of these terms;

7.2.2 there has, in Gophr’s opinion, been fraudulent use, misuse or abuse of features and functionalities of the Gophr Platform (in whole or in part); 

7.2.3 a User has provided inaccurate, incomplete or misleading information;

7.2.4 a Customer fails to pay any amount due under the Agreement on the due date for payment; 

7.2.5 a Customer’s financial position deteriorates to such an extent that in Gophr’s reasonable opinion the Customer may be unable to fulfil its obligations under this Agreement; or

7.2.6 Gophr is required to do so to comply with its legal or regulatory obligations.

 

8. Warranties

8.1. The Customer confirms that: 

8.1.1 they are either the owner or the authorised agent of the owner of any goods which they request Gophr to carry; 

8.1.2 all Packages submitted to Gophr for delivery comply with this Agreement (including Schedules 1 and 2), are properly labelled, securely packaged so as to: (a) withstand a short drop (unless clearly marked as fragile); (b) withstand the jolts and movement ordinarily associated with road transport (including where marked as fragile); (c) prevent or minimise the risk of spillage or leakage of any liquids; (d) bear clear external markings where the contents are fragile or must not be rotated (including “this way up” markings); and (e) avoid any risk of harm to any person handling the Package in transit, and are protected against unauthorised interference; and

8.1.3 they are authorised to accept this Agreement not only for themselves but also for all other persons who are or may subsequently become interested in the Packages.

8.2. Gophr will perform the Gophr Services with reasonable skill and care, in compliance with all applicable laws and in accordance with good industry practice.

9. Customer Insurance and Claim Process

9.1. The Customer is responsible for insuring the contents of any Packages while in Gophr’s custody for their full market value if the value exceeds the liability limits set out in clause 11. Gophr strongly recommends that the Customer obtains appropriate insurance cover for all Packages to cover any loss and damage. Where the Packages and their contents are insured by the Customer, Gophr shall have no liability to the Customer for any matter in respect of which a claim has been made or could be made under that policy.

9.2. In the event of any claim for delay, mis-delivery, non-delivery, or loss of or damage to any Package, the Customer shall:

9.2.1 notify Gophr immediately in order to maximise Gophr’s chance of investigating and/or rectifying the issue; and

9.2.2 provide to Gophr within two (2) days of despatch appropriate evidence and information about the Package, including proof of despatch, proof of value, estimates for cost of repair, invoices, and, in case of damage, the Package and its packaging for inspection.

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

If you are a Consumer Customer: Clause 9.1 does not apply to you. Gophr’s liability to Consumer Customers is set out in the Additional Consumer Terms in Schedule 3.

 

10. Intellectual Property 

10.1. Gophr and/or its licensors own all intellectual property rights in and to the Gophr Platform. The User is granted a non-exclusive, non-transferable, limited right to access and use the Gophr Platform solely for the purpose of making Orders and receiving the Gophr Services in accordance with this Agreement.

10.2. The User shall not, and shall procure that its personnel and agents shall not:

10.2.1 access, copy, reproduce, modify, or create derivative works of the Gophr Platform (other than as strictly necessary to use it for its intended purpose);

10.2.2 use any automated systems (including bots, scrapers, or AI tools) to access or extract data from the Gophr Platform, or use any data obtained from the Gophr Platform to develop, train, or validate AI systems or models;

10.2.3 remove, alter, or obscure any proprietary notices on the Gophr Platform;

10.2.4 use the Gophr Platform to develop any service, product, or software that competes with the Gophr Platform;

10.2.5 sublicense, sell, resell, transfer, assign, or otherwise commercially exploit or make available to any third party the Gophr Platform or any access to it; or

10.2.6 use the Gophr Platform in any way that could damage, disable, overburden, or impair it, or interfere with any other party’s use of the Gophr Platform.

10.3. Gophr may monitor the User’s use of the Gophr Platform to verify compliance with this Agreement.

11. Limitation of liability

Losses that are not limited

11.1. Nothing in this Agreement shall limit or exclude either party’s liability for: 

11.1.1 death or personal injury caused by its negligence;

11.1.2 fraud or fraudulent misrepresentation;

11.1.3 any liability that cannot be limited or excluded by applicable law;

11.1.4 the indemnities given under this Agreement; or

11.1.5 the Customer’s payment obligations under this Agreement. 

Types of losses we are never liable for

11.2. Subject to clause 11.1, Gophr shall not be liable for:

11.2.1 any delay, damage or other loss caused by act(s) or omission(s) of the Customer or those for whom it is responsible; 

11.2.2 any failure or delay in performing any of its obligations under this Agreement where caused by a Force Majeure Event;
11.2.3 any loss or damage to a Package (i) caused by a latent or inherent defect or the natural deterioration of any contents of the Package; (ii) containing Prohibited Items excluded from delivery by this Agreement; (iii) containing tickets for events, goods, transport or other services; (iv) inadequately packaged, as determined by Gophr in its discretion and including but not limited to: (A) in the case of a Same Day Service, items not packaged appropriately to withstand a short drop (unless clearly labelled as fragile) and the jolts or movement typical of a driven journey (whether or not fragile), to reduce or remove the risk of spillage in the case of liquids, and to remove the risk of harm to any person handling the Package in transit, or items not clearly externally labelled where fragile or required to be kept upright; and (B) in the case of a Next Day Service, items not packaged in accordance with the packaging guidelines of the relevant Third Party Provider; (v) incorrectly addressed, or accompanied by incomplete documentation; (vi) despatched in contravention of this Agreement; or (vii) where any person has been fraudulent or dishonest in any way in relation to that Package.

11.3. Subject to clause 11.1, neither party shall be liable to the other party under or in connection with this Agreement (whether in contract, tort, negligence, breach of statutory duty, or otherwise) for any:

11.3.1 direct or indirect:

1. 1. 1. loss of profits;
      2. loss of revenue; 
      3. loss of business; 
      4. loss of goodwill or reputation; loss of anticipated savings; or

11.3.2 any indirect or consequential loss or damage.

Liability for delays 

11.4. The Customer’s sole remedy for any delay in delivery of a Package under a Same Day Service shall be a credit against future Fees valid for 12 months from issue calculated in accordance with the table below. For the avoidance of doubt, the Customer shall have no other claim against Gophr in respect of late delivery (whether in contract, tort, negligence, or otherwise):

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

Liability for loss or damage to Packages

11.5. Subject to clause 11.1, Gophr’s total aggregate liability under or in relation to each Order for loss or damage of all Packages (howsoever arising and including as a result of breach of contract, tort (including negligence) or statutory duty) shall not exceed the lower of:

11.5.1 the Declared Value of the relevant Package(s) within the Order; and

11.5.2 the cost of repair or replacement of the relevant Package(s) within the Order

and in any event shall not exceed £5,000 per Order.

Residual liability

11.6. Subject to clause 11.1, Gophr’s total aggregate liability under or in connection with this Agreement for any and all claims not relating to loss, damage, or delay, of Packages (howsoever arising and including as a result of breach of contract, tort (including negligence), statutory duty or otherwise) shall not exceed: (a) in respect of data protection, data security and/or cyber incidents, and/or from death, personal injury or damage to third party property or public liability, £5,000, in total; and (b) in respect of all other claims, the total Fees paid or payable by the Customer under this Agreement. 

Customer liability

11.7. The Customer acknowledges that the limitation of Gophr’s liability under this Agreement is reasonable having regard to: (a) the availability of insurance to cover the value of Packages; (b) the nature of the Gophr Services and the difficulty of assessing consequential losses in advance; and (c) the Fees charged, which would need to be substantially higher if Gophr were to accept unlimited liability.

11.8. The Customer shall indemnify Gophr and its affiliates and Third Party Providers against any and all losses, damages, costs (including reasonable legal costs) and expenses of any nature suffered or incurred arising out of or in connection with:

11.8.1 the Customer’s breach of Schedule 2, including any submission of Prohibited Items for delivery; 

11.8.2 any inaccuracy in or omission from the information provided by the Customer in connection with an Order (including any misdeclaration of the nature, contents, weight, or dimensions of a Package); or

11.8.3 any breach by the Customer of clause 8.1.

If you are a Consumer Customer: Clause 11 does not apply to you. Gophr’s liability to Consumer Customers is set out in the Additional Consumer Terms in Schedule 3.

 

12. Data protection

Each party shall comply with all applicable data protection legislation and regulations in force (including but not limited to Council Regulation (EU) 2016/679 and the Data Protection Act 2018, and any modifications or re-enactments of them for the time being in force). The User has read and understood Gophr’s Privacy Policy.

 

13. General

13.1. Amendments

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

13.2. Assignment

The User may not assign, transfer, charge or otherwise deal with any or all of its rights and obligations under this Agreement without the prior written agreement of Gophr.

13.3. Entire agreement

This Agreement contains the entire agreement between the parties relating to its subject matter and supersedes all prior written or oral agreements, representations or understandings between them relating to that subject matter. The parties confirm that they have not entered into this Agreement in reliance on any representation that is not expressly set out in this Agreement. If you are a Consumer Customer, nothing in this clause limits or excludes any information or rights that must form part of the contract under applicable consumer protection law.

13.4. Waiver

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

13.5. Agency, partnership etc

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

13.6. Severance

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

13.7. Notices

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

13.8. Law and jurisdiction

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

If you are a Consumer Customer: Clause 13.8 does not apply to you. The governing law and court jurisdiction applicable to Consumer Customers is set out in the Additional Consumer Terms in Schedule 3.

 

13.9. Third parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

13.10. Third party links

13.10.1 The Gophr Platform may contain links to the websites of third parties. These third-party websites are not the responsibility of Gophr and Gophr accepts no liability for the availability, suitability, reliability or content of such third-party websites and does not endorse the views expressed within them or the products or services offered or promoted via them.

13.10.2 The User may link to the Gophr Platform home page, provided it does so in a way that is fair and legal and does not damage Gophr’s reputation or take advantage of it. The User must not establish a link in such a way as to suggest any form of association, approval or endorsement on Gophr’s part where none exists.

 

Schedule 1 – CHARGES

I. Wait Time Fees

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

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

 

II. Cancellation fee rates

If a Customer requests cancellation of a Single Booking or MultiDrop Booking or Gophr cancels an Order in accordance with the Agreement, the following fees shall apply:

No courier assigned to the job	£0
Within 180 seconds of booking.	£0
Cancelled prior to pickup because the assigned courier will not be able to pickup/ deliver within the specified time window/s (based on the Gophr ETAs and verified by the Gophr Operations team)	£0
More than 60 mins before the earliest pickup time	10% of the Fee
Less than 60 mins before the earliest pickup time	30% of the Fee
After the courier has arrived at pickup	60% of the Fee
While the courier is en route to delivery	between 60% of and 100% of the Fee dependent on the distance travelled
When the courier is at the delivery location	100% of the Fee

If the courier has picked up the Package and is required to return it to the pickup location, a Return Charge will be payable and this will be priced separately and in addition to the rates above.

If a Customer requests cancellation of a Shift Booking the following fees shall apply:

No courier assigned to the job	£0
Within 180 seconds of booking.	£0
More than 24 hours before the start of the Shift	£0
More than 120 mins before the start of the Shift	10% of the Fee
Less than 120 mins before the start of the Shift	30% of the Fee
Within 30 mins of the Shift starting	60% of the Fee
More than 30 mins after the Shift has started	100% of the Fee

Schedule 2 – PROHIBITED ITEMS AND OTHER RESTRICTIONS

1. Customer obligations

The Customer shall ensure that:

1.1.  Each Package is securely packed and correctly addressed with the full postal address, including postcode, of each of the Collection Point and the Delivery Point and, where available, the telephone number of the recipient;

1.2. Each Package which is fragile or which must not be rotated is clearly marked as such on the outside of the Package; and

1.3 It retains its copies of all dispatch documentation.

2. Restricted contents

2.1.   The Customer shall not submit, and Gophr shall not be obliged to accept any Order for any Package containing:

(a) Items valued at £10,000 or higher or otherwise listed in paragraph 2.2, unless the parties agree otherwise in advance in writing; or

(b) dangerous or illegal items.

2.2.   The Customer shall not include any of the following in Packages:

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

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

(c) bonds, treasury notes, negotiable instruments and securities; and

(d) prepaid phone cards, cash cards, vouchers and similar items.

2.3.   Dangerous or illegal items include:

(a) noxious, dangerous, hazardous, explosive or inflammable items, batteries that do not fall under  Special Provision 188 of ADR, firearms (including parts of firearms), ammunition, detonators and explosives (including fireworks), and any items likely to cause damage;

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

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

(d) blades of any kind longer than 1.5 inches (38mm), power tools such as chainsaws, and corrosives;

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

(f) illegal drugs and narcotics, including associated paraphernalia;

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

(h) any item the possession of which is unlawful under the law of any country from, to or through which carriage is to take place;

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

(j) items which suffer any mechanical, electronic or electrical derangement, unless caused by external means;

(k) living or dead animals, reptiles or other creatures (excluding lawful animal products such as leather);

(l) packages strapped or otherwise attached together; 

(m) any item packaged in a dangerous or hazardous container; and

(n) any other items prohibited by law or are otherwise potentially dangerous.

2.4 Where the Customer books a Next Day delivery, it must comply with all restrictions including any restricted items and packaging restrictions of the Third Party Provider selected during the Order process.

DHL – https://uk.express.dhl.com/what-you-can-and-cant-send/

DHL – https://www.dhl.com/discover/en-gb/ship-with-dhl/products-and-services/packing-advice 

3. Perishable goods

Perishable or temperature-sensitive items are carried at the Customer’s risk, and Gophr provides no special handling for them.

 

Schedule 3 – ADDITIONAL CONSUMER TERMS

If you are a Consumer Customer, these Additional Consumer Terms apply to you in addition to the terms and conditions set out above. To the extent that there is any conflict or inconsistency between the terms and conditions, Schedules 1 and 2, and these Additional Consumer Terms, these Additional Consumer Terms take priority.

1. Your legal right to cancel

If you are a consumer, the law usually gives you a right to change your mind and cancel your contract for a refund without giving any reason within fourteen (14) days after the day on which the contract is entered into. However, this right does not apply to the Gophr Services as the Gophr Services are for the transport of goods on a specific date or period of performance. This does not affect any other legal rights you may have.

2. Our liability to you

2.1 We have a legal duty to provide the Gophr Services with reasonable care and skill and in accordance with their description and applicable law. Nothing in the Agreement affects a consumer’s legal rights if the Gophr Services are faulty, misdescribed or not performed with reasonable care and skill. Consumer Customers can find more information about consumer rights from Citizens Advice (www.citizensadvice.org.uk/) or Trading Standards (www.gov.uk/find-local-trading-standards-office).

2.2 Nothing in the Agreement excludes or limits liability for fraud or fraudulent misrepresentation, death or personal injury resulting from negligence, breach of the Consumer Rights Act 2015 or any other mandatory consumer protection law, or any other liability that cannot be excluded or limited as a matter of law.

2.3 Gophr is responsible and liable to Consumer Customers for reasonably foreseeable losses they suffer because Gophr breached the Agreement. Foreseeable loss means that, when the Consumer Customer and Gophr entered into the Agreement, it was obvious that the loss would happen or that both parties knew it might happen.

2.4 Subject to the above, Gophr is not responsible for:

1. any damage to, or loss of, property, other than where such loss or damage is caused by Gophr’s breach of the Agreement, its negligence or breach of legal duty;
2. any loss the Consumer Customer suffers that is caused by an event or circumstance outside Gophr’s control that prevents or delays Gophr from fulfilling its obligations to the Consumer Customer. Gophr will contact the Consumer Customer as soon as possible to let it know and Gophr will do what it can to reduce any delay; or
3. any loss suffered by the Consumer Customer that could have been avoided if it had taken reasonable action.

2.5 Gophr only provides the Gophr Services to Consumer Customers for domestic and private use. Subject to the above, Gophr is not liable to Consumer Customers for business losses, including loss of profit, loss of business, business interruption or loss of business opportunity.

2.6 Subject to the above, for those losses that Gophr is responsible for, its total liability to the Consumer Customer is limited to:

1. for loss or damage to Packages: the lower of (a) the Declared Value of the relevant Package(s) within the Order; and (b) the cost of repair or replacement of the relevant Package(s) within the Order, which shall in any event not exceed £5,000 per Order; and
2. for all other losses: the total amount paid by the Consumer Customer for the Gophr Services under the Agreement.

3. Complaints and disputes

3.1 If there is a problem with the Gophr Services, Consumer Customers should contact Gophr using the contact details available on the Gophr Platform. Gophr will try to resolve the complaint promptly. 

3.2 English law applies to this Agreement, except that Consumer Customers will not be deprived of the benefit of mandatory consumer laws applying in the part of the United Kingdom in which they are resident. If a Consumer Customer wishes to take court proceedings, it may do so in the English courts or in the courts of any other part of the United Kingdom in which it is legally resident.