GO-PHOR MOBILE APPLICATION - TERMS OF USE

1. General

 

1. Thank you for your interest in GO-PHOR application for mobile devices (the “App”). The GO-PHOR App and our website, network, software application and other services (collectively, the “Services”) provided by us are offered to you by GO-PHOR LLC/Inc. (hereafter “GO-PHOR”, “we”, “our” or “us). These Terms of Service (“Terms”) and our Privacy Policy incorporated herein by reference as well as any other relevant guidelines, updates, regulations or policy by GO-PHOR which supplements these Terms, governs your access and use of the Service and constitute a binding legal agreement (“Agreement”)  between You (the “User” or “Customer”)  and GO-PHOR. Please note that you must agree to these Terms to be able to use the Service.

2. Definitions
   “Application” refers to mobile application supplied by GO-PHOR and downloaded and installed for use on mobile devices
   “Content” refers to any and all data, posts, text, images, audio, video, proprietary information, end user interface, software or materials and other content, in any medium, provide by GO-PHOR to You, and may include Third party Content.
   “Customer” refers to a person who places an order with
   “Messenger” refers to an independent contractor in GO-PHOR’s network of messengers who are contracted to provide courier connection service.
   “Platform” refers to the GO-PHOR mobile application or GO-PHOR website.
   “Service” refers collectively to GO-PHOR’s mobile application, website and courier delivery services performed through the App or Website. 

3. By downloading, installing, using or otherwise accessing the Service, you are deemed to have read, understood and accepted to be bound by these Terms and fully comply with them. If you do not agree with these Terms or any part thereof, you may not use the Service.
   GO-PHOR offers a mobile software application and website technology service which links buyers, retailers and restaurants to GO-PHOR’s network of independent contractor couriers so as to support on-demand delivery services. The Platform assists buyers and users to order or request the delivery of merchandise from any a specific retailer or service provider and also assists Couriers to access the Platform and accept and carry out buyer’s orders. Please be aware that GO-PHOR is a courier connection service and not a retail store or service. Please note that, except for matters specified in section 29.1 (disputes not subject to arbitration), these Terms require you and GO-PHOR to submit all ensuing disputes hereunder to final binding arbitration and you agree to relinquish the right to take such disputes to a court of law.

4. As elaborate further hereunder, you acknowledge and accept the following material Terms:

1. The GO-PHOR App is licensed to you free of charge for personal use and subject to these Terms. You are solely responsible for its use;

2. The App may include independent third party services and terms of service which are not controlled or managed by GO-PHOR. Third parties may include telecommunication services and software necessary to connect and use the App and Service

3. You agree to our data processing in accordance with our Privacy Policy incorporated herein by reference;

4. GO-PHOR Service is presented and offered on “as is” and/or “take it or leave” condition” without warranties of any kind. Parties hereby waive their right to go and court and agree to resolve all disputes through arbitration.
    

   1. Eligibility: By using or accessing the App, Platform or Service, you warrant and represent to us that you are at least 18 years old and that are not a person who is barred from receiving the Service. If you are using the service on behalf of your organization, you warrant and guarantee that you have obtained the necessary permission to use the Service.
       

1. Services: GO-PHOR’s objective is to enable customers and user to order or deliver couriers on demand.
    

2. Access and Registration

   1. GO-PHOR is provided to you on an open access basis. However, to access and use certain features of the Service we will require you to register and create a user account. To register, you will need to submit certain personal information including for instance your name, telephone number, email, delivery address and/or credit card information. You promise that all registration submitted to us shall be complete and accurate. Please be aware that we may refuse any registration request if we have good reasons to believe that such registration is related to illegal or fraudulent usage.  We also recommend that you review our Privacy Policy which governs our personal data handling practices.

   2. Upon registration, we may issue you username and password or other authentication mechanism to access the App or Platform.  We may also allow login to our Service using third party networks like Google or Facebook. You must not give your unique passwords or other access controls to anyone or write it down so that it is accessible by an unauthorized person.  We want all our users to use the Service safely and effectively so we want to ensure that the site and its Service are genuine and secure. You must not abuse the registration process. If you have reasons to believe that your password is no longer confidential, you must immediately tell us via our Customer Service.
       

3. Grant of License

   1. Subject to the terms of this Agreement, GO-PHOR grants to you a worldwide, limited, recoverable, non-exclusive and non-transferable license to use the App solely for your personal non-commercial purposes. All other rights not expressly granted to you herein are reserved. You must not cause the App in any way to be disassembled, decompiled or reverse-engineered, nor shall any attempt to do so be undertaken or permitted. You must not copy, translate, port, modify, rent, lease, redistribute, sublicense or make derivative works of the App.  If you violate these restrictions or otherwise exceed the scope of license granted under this Agreement, you may be liable to legal action, damages and liability including without limitation liability for infringement of our intellectual property rights.
       

4. Payment Terms

   1. You may be required to pay fees to use or access certain features of the Service such as instance when placing orders.   GO-PHOR may charge you service, delivery or such other fees as necessary for the provision of a particular service. We reserve the right to change any fees for any feature of the service, including by increasing fees on a continuing basis at any time as we think fit for the provision of our Services. Before payment is effected, GO-PHOR will permit you to review the estimates of the fees charged for a particular service.  Please note due to price variations or the nature of contracted work, the actual fee payable may differ from the estimates. In certain cases, we may not be able to state the applicable fees for example when the location or goods is not known or where for other reasons it is not possible to provide an accurate estimate of the fees. Notwithstanding such uncertainty, you will pay such fees as may be charged. To learn more about the applicable fees, please visit the Customer Service Center of the Service.

   2. GO-PHOR will apply and charge the payment means you provide at the time of purchase or as otherwise indicated by you in your user account. We reserve the right to determine and vary the current prices/or fees of all items ordered on or through the Service. Please be aware that the prices displayed on the site or in the App may not represent the generally current price.

   3. We may at our discretion offer certain features and services at promotional prices and apply different rates to any of our buyers. These promotional offers are general in nature and are in no way personalized or connected to your use of our services

5. Subscription:

   1. GO-PHOR offers routine courier services for your convenience and these services can be subscribed to on a daily, weekly or monthly basis. If you sign up for a monthly subscription courier service, the first monthly subscription will be charged on the date you buy your subscription and you agree that your subscription will continue to be charged monthly indefinitely until you cancel it or otherwise terminated by GO-PHOR.

   2. We may, at our discretion, update these subscription terms or fees at any time on a prospective basis. Please review these terms regularly. You can cancel and/or manage your subscription at any time by login into your account. If you cancel your subscription, the cancellation will come in effect from your next subscription period. Until then you will still have access to the Service you purchased. Cancelling does not entitle you to a refund for your current subscription.
       

6. Payment authorization:

   1. You give us permission to charge your specified payment method for all sums for orders that you place in or through your account. Once your order is confirmed, GO-PHOR will only charge for the order total.  You must make payments using a valid and lawful payment method. Please note that GO-PHOR reserves the right to ask for supplementary information if we have grounds to believe that the specified payment method may be illegal or fraudulent.
       

7. Delinquent accounts:

   1. If you have an outstanding balance in its account, we may send you notification demanding payment. At our discretion we may send your debt information to a collection agency and/or where appropriate file a lawsuit.
       

8. Incomplete Delivery:

   1. Please note that GO-PHOR reserves the right to charge the full order amount, if for whatever reasons the customer is not available to pick or complete the delivery at the agreed time and place.
       

9. Order Cancellation:

   1. Cancellation charges will be incurred as follows. If you cancel a delivery order after it has been accepted but before the Messenger has prepared it for moving, you will not be charged any cancellation fee. If you cancel your order after the Messenger has started preparing it or after the Messenger has prepared it and is on the way to you, you will be charged a cancellation fee of $______ in addition to the full price of the order and the applicable taxes.
       

10. Returned Items:

    1. Please be aware that if an item has to be returned following a cancellation, unavailability of the customer or for any other reason, we may charge you a return/restocking fee of $ 10.00. GO-PHOR and its Messengers reserve the right to refuse delivery and to return the product if the name on your identification does not match the name on your order or if you cannot provide any valid identification or, if you are accepting delivery on behalf of another person, if you don’t have the required identification.
        

11. Third party Services

    1. Third parties providers: Please note that GO-PHOR only provides a platform where you can communicate, interact and transact with third party service providers. Any such communication, interaction or transaction or related activity and any ensuing dispute, claims, terms, conditions and warranties associated with any such activities, is exclusively between you and the relevant third party. We are not an agent, joint venture, partner or representative of any party and we, and our affiliates or licensors,  shall not be liable for any communication, interaction, purchase or transaction between you and a third party service provider. In no event shall GO-PHOR and its licensors be liable for any content, materials, goods, products or services offered or provided by third party websites or third party providers. Please be aware that certain third party service providers may require accepting additional terms and conditions to use or access their services. We are not review third party terms of services and we will not accept liability resulting from agreements entered between you and third party.
        

    2. Couriers
       GO-PHOR Service provides you with the ability to interact and contract third party couriers to provide delivery services to you. Any interaction, engagement, transaction and disputes between you and a Courier is exclusively between you and the Courier. You do so at your own risk and GO-PHOR will not accept any liability in connection with any such interaction, communication, transaction or dispute.

    3. Third party advertising:
       Our Service may support third party advertising and marketing services. By accepting these Terms you also accept the advertising features we have implemented.
        

12. External links:
    At times, at our discretion, we may include or offer links to third-party web sites or services that are not owned or controlled by us.  Please note that these websites have their own usage policies and conditions and we do not review or endorse products or services made available on the linked sites. We will not be responsible for the content, materials, terms, privacy policies, or practices of any third party web sites or products.
     

13. Usage restrictions
    The Service contains a wide range of text, photographs, graphics, videos, software, data and other content of all forms, including copyright,  which we and our licensors and suppliers provide which we want you to be able to use in a fair and reasonable way. The Service is protected by copyright, trade mark rights and other intellectual property and related rights which are owned by us and our suppliers and licensors .You must not:

1. interfere with or cause others to interfere with, any right of a third party including by way of infringing or misappropriating any third party intellectual property right, or otherwise engage in the unauthorized use of any proprietary information, material or content;

2. change, alter, copy, create derivative works of, sell, license or in any way abuse  this Service;

3. duplicate, reproduce, publish, transmit, distribute, display, and perform any part of the Service without prior written consent;

4.  use any robot, crawlers, spider or other malicious computer technologies, program or software to illegally download, retrieve, scrape or mine, reproduce or otherwise circumvent any security, programmatic or access control mechanisms of the Service.

5. impersonate any person or perform any fraudulent activity on the Site;

6. decompile, disassemble, decipher reverse-engineer or otherwise reduce the code used in any software in App or Website into readable form for the purpose of examining the construction of such software;

7. mmirror, frame, display or otherwise using framing or liking techniques to enfold the Service or any part thereof without our express consent;

8. use the Service in any manner whatsoever that will threaten, abuse, harass, defame, intimidate or otherwise violate the intellectual, privacy or public rights of any party;

9. submit or upload viruses, malware, Trojan horse, cancelbots or other malicious and destructive computers code or applications into the Service.

1. Personal Information Collection:

   1. We process persona data to comply and fulfil your obligations under these Terms, improve GO-PHOR and the services cover by it. Please review our Privacy Policy to understand how we collect, store and use or otherwise share personal information
       

2. Ownership of Intellectual Property Rights: The Service and all text, photos, graphics, videos, software, data, materials and other content of all forms contained in the Service, including all intellectual property rights in the Service, are exclusive property of GO-PHOR and its licensors.  Except for the rights granted to you as specified in this Agreement, no other rights, licenses or exceptions are granted under these Terms, whether expressly, impliedly, or otherwise.
    

3. Feedback: GO-PHOR provides the ability for our users to submit ideas, bug reports, suggestions and proposals ("feedback") regarding our Platform and Services. When you provide Feedback to us, you acknowledge and agree that such feedback is not confidential or contain proprietary information. You also agree that we entitled to make use of and/or disclose any such feedback in any such manner as we see fit without obligation or liability to you. By submitting feedback you grant us a non-excusive, perpetual, royalty free, irrevocable and transferable right to use and incorporate your Feedback in any part of the Service as we deem fit.
    

4. Messaging: By using the Service, you hereby acknowledge that GO-PHOR and its service providers may send you text messages (SMA) at the phone number you provide upon registration or ordering the service.  Please note that messages may operational messages about the use of Services as well as marketing or other promotional communication. You may not be able to use the Service if you do not agree to receive text messages relating to the operation of the Service. If you do not want to receive marketing and promotion text messages, please write to us at Info@GO-PHOR.com and we will stop sending such text messages.
    

5. Transmission of notifications: GO-PHOR will transmit or send notifications, including real time notification, regarding issues such as job completion, delivery, new functionality, operational information and/or other information related to GO-PHOR service and our partners.
    

6. Email: By using the Service, you agree that we may send you emails concerning our products and services as well as services of third parties. Please note that you can opt-out of receiving marketing emails by following the unsubscribe link appearing at the bottom of such emails.
    

7. Indemnity: You shall defend, indemnify and hold harmless GO-PHOR and its directors, officers, agents, employees, members, subsidiaries, and affiliates from and against any claim, action, proceeding, liability, loss, damage, cost, or expense (including, without limitation, attorney’s fees) , arising out of or in connection with: (i) your failure to use the Service as permitted under these Terms of Use. We shall provide you with prompt notice of any such claims allow you sole control of the defence and fully cooperate with you in defending the claim.
    

8. Disclaimer of warranties
   The Service and related content and material is provided “as is” without warranties s of any kind express or implied. All warranties and representations, whether express or implied, statutory or otherwise, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed by GO-PHOR to the fullest extent permitted by the law. We make no representation, warranty or guarantee that the Service provide hereunder will be reliable, timely, suitable, available, accurate or complete. We do not warrant or represent that the use of the Service will be secure, timely, compatible,  uninterrupted or error-free or that the service, material or products by you through the Service will meet your expectations or requirements; or that the service and its server are free or viruses or other harmful computer applications.

9. We shall not be liable for any delays, problems related to internet access and electronic communications or any delays, delivery failures or loss, cost or damage arising from such problems

10.  Limitation of liability: In no event shall GO-PHOR’s aggregate liability exceed the fees actually paid by you to GO-PHOR in the 6 months period immediately preceding the event giving rise to such claim. In no event shall the Company, its employees, officers, directors, affiliates, suppliers, or any third parties mentioned at this website be liable for any damages whatsoever (including,  without limitation, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this website and the material thereon, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is or has been advised of the possibility of such damages.
     

11. Notice: GO-PHOR may furnish you with notices, including those with regard to any changes to these Terms, by email, regular mail, text messaging, general notice or other reasonable means to notify of the services or information. Your acceptance of these Terms constitutes your approval to receive such notices hereunder. Such notice shall be considered to have been given 48 hours after dispatch. You may contact us at any time by regular letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to GO-PHOR at the following address: 44 Montgomery St Suite 4351 San Francisco CA 94104.
     

12. Assignment: You may not assign your rights and obligations under this Agreement without our prior written consent. GO-PHOR may assign these Terms in whole or in part at any time to any entity without your approval or notice.  Any approval by you in violation of this section shall be null and void.
     

13. Term and Termination: These Terms shall be binding until terminated by you or GO-PHOR or as described herein below:
    You rights under these Terms of Use will terminate automatically if you are violate these Terms or any part thereof including by infringing on license rights. Additionally, we may, at our discretion, terminate your user account and restrict further access to the Service at any time without prior notice. We also reserve the right to change or modify the Service and these Terms at any time.
     

14. Dispute Resolution: We are not a party to and have no participation or interest in respect of any communications, interactions and transactions and disputes whatsoever between you and any other user, Courier or third party and we make no representations or warranties in respect thereof. Disputes between a user and GO-PHOR are subject to the section 24 below.
     

15. Arbitration: In the event of dispute, with exception of disputes expressly excluded herein below, parties shall refer the dispute to final and binding confidential arbitration under the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”). Parties agree that the Dispute shall be determined by a single arbitrator appointed in accordance with the said rules and where appropriate, under the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules") rules of which can be accessed at the http://www.adr.org The said arbitration rules shall also govern your responsibility regarding payment of applicable fees and arbitrator compensation. In some cases, we may, at our discretion, assist to pay for all such arbitration fees and expenses if there are good reasons to do so and if satisfied of your inability to pay the required payments. Where attorney fees are involved, parties agree to individual responsibility for its attorney’s fees subject only to any such remedy entitled in law. The arbitrator’s decisions shall be in written form and shall be final and binding. Without prejudice to the provisions relating to class action waiver below, Parties agree to exclude the jurisdiction of all court of law as regards enforceability and interpretation of the this arbitration agreement between the parties.

    1. Disputes not subject to Arbitration: You and GO-PHOR agree that the following classes of disputes are exempt from arbitration (1) any Dispute relating to the protection, validity or enforcement of parties’ intellectual property rights; (2) small claims; (3) Any claim expressly excluded from arbitration by federal law; and (4) claims of injunctive relief of any nature purporting to protect the efficaciousness of this Arbitration provisions.

    2. No class action:  In addition to compulsory arbitration, parties herein agree that, to the fullest extent permitted by law, each party will bring claim against the other in their individual capacity and not as a claimant or class member in any purported class action lawsuit. Unless otherwise agreed by you and us, no arbitrator or court of law may consolidate individual claims or proceedings without consent of the parties.
        

16. Modification of the Terms: GO-PHOR reserve the right to update these Terms at any time without prior notice and such changes will take effect immediately after being posted through the Service. Your use of the Service after any such changes constitutes your acceptance to be bound by the updated Terms of Service. We will take reasonable endeavours to notify you of the change including via the email you provided upon registration.

17. General

    1. This Agreement is governed by the internal laws of the State of California without regard to its conflict of laws principles. Subject to the arbitration clause above (Clause 24), any dispute or claim between you and GO-PHOR that arises wholly or partly under these Terms shall be subject the exclusive jurisdiction of the federal and State courts located in San Francisco, California.

    2. These Terms together with our Privacy Policy incorporated herein by reference constitute the entire agreement between you and us in relation to the Service.

    3. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

    4. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such terms or any other terms, and the GO-PHOR’s failure or omission to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.