Please read these terms and conditions carefully before using the KIFFGO app & website.
You agree that by registering a user profile on KIFFGO, you are entering into a legally binding agreement with KIFFGO. Furthermore, you agree that by using the Service, you agree to those provisions of this document which concerns the content on the Service and your conduct thereon. If you do not want to use the Service and be bound by the provisions of this Agreement, do not register as a User. KIFFGO reserves the right to amend the Agreement at any time. In the event that a change is significant, we will display a notice on the KIFFGO website or send you an email. The change will be effective as of its notification to the User. The User enters into this agreement regarding the use of the KIFFGO services with KIFFGO, a company registered in England and Wales with company registration number 10910102, whose registered office is at TheCastle House, Castle Street, Guildford, United Kingdom, GU1 3UW (“KIFFGO”).
KIFFGO is a matching making service and not a delivery transport solution. We aim to provide a pier-to-pier sharing platform where you (“The Customer, The Sender”) and businesses which provide transport services (“Service Provider”) can find each other. Senders cannot send any items that would be illegal to be transported in any country. For greater certainty the following items must not be transported between Senders and Service Provider including but not limited to: firearms or components of firearms, weapons, corrosive or hazardous substances, drugs and tools capable of being used as weapons and explosives. In addition KIFFGO has the right to object to any item that may be transported using the Service, if KIFFGO is aware of what is to be transported and has reasonable grounds for objecting. If you have concerns over what items may be transported using the Service, please contact us at email@example.com.
If the Service Provider’s activity is commercial then it must adhere to all laws governing transport of goods, including and not limited to having the required insurance, licenses and/or permits.
Capitalized words in this Agreement shall have the meaning set out below:
Agreement shall mean this document and any documents it refers to. Parties shall mean the User and KIFFGO. Service shall mean all users of the Service, including Senders and Service provider. Users shall mean Users who enter into a contract with a Sender to transport an item from and to agreed locations and by the agreed means of transport, and who undertakes to perform such transport is a Service Provider by definition. Usage Rules means the recommended rules between Users Senders shall mean Users who enter into a contract with an Service provider and who is requesting the transportation. Website shall mean the website on which the Service is provided. App shall mean the app on which the Service is provided.
3. THE SERVICE
3.1 CHANGES TO THE SERVICE
By entering into this Agreement, the User obtains access to the Service as it is offered from time to time. KIFFGO is free to add, remove or change features or functionality of the Service. KIFFGO will make reasonable efforts to inform you of such changes by making available such information on the website or otherwise.
3.2 CORE FEATURES OF THE SERVICE
KIFFGO matches Senders and Service Provider on the move to utilize available transport capacity. The Service matches Senders with a need to have something transported with Service provider willing to do the transportation. The Service provides the ability to match these two parties. After matching, Users finalise transportation arrangements directly. KIFFGO provides Usage Rules which contains recommended terms and conditions between the Sender and the Service provider. Users enter into a direct agreement with each other and KIFFGO is not a contractual party to such agreement entered into between Users. KIFFGO merely supplies the medium for Users to connect with each other. While KIFFGO requests information to identify registered Users, the Service is dependent on the Users providing correct information. Consequently, KIFFGO does not take any responsibility for the actions or omissions of any Users connecting via the Service and neither does KIFFGO assume any responsibility for the accuracy or reliability of User information or any other information on the Service.
As a User of the Service you agree to receive communications from KIFFGO. This communication is related to you being a user of the KIFFGO Service, and might happen through email, phone, SMS, in app push messages or post. The content of this communication might be service messages, status messages related to tasks, matching messages and newsletters from KIFFGO. You can at any time unsubscribe from the newsletters, and change the notifications settings. Some system critical messages cannot be turned off.
The User can be a natural or a legal person (including a company). All Users are required to register a profile in order to use the Service. KIFFGO uses the information you provide to facilitate the contact between different Users of the Service so that a request can be handled by the Service provider undertaking to perform the transportation service.
When you register as a User, we might need the following information:
- Picture of the User (Service Provider profiles only)
- Valid phone number
The information is used to establish contact between Users, manage the Agreement and to take reasonable measures to verify the identity of Users. In addition, you may need to provide further information in connection with each individual transaction which allows the Sender to determine the means of transport, etc.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. KIFFGO cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Users’ purported identities or the validity of the information which they post on our platform (App or Web).
To be able to use KIFFGO’s Services the User must register an account prior to using any of the Services. The User warrants and represents that all of the data provided by the User for registration is true, accurate and complete. The User shall report any changes in the registration data to KIFFGO without undue delay. Failure to adhere to said condition is a fundamental breach of this Agreement.
6. USAGE RULES
The following usage rules shall apply for your use of the Service:
The User shall provide only accurate, true and non-misleading statements in the User profile. It is the User’s responsibility to keep the information accurate and updated. The User shall comply with all applicable legislation and respect all third party rights. In particular, the User shall not use the Service to transport any prohibited goods or use the Service to violate any applicable laws.
The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of the Agreement by contacting KIFFGO. The Sender is responsible for the accurate description of goods to be transported using the Service. Where the Sender inaccurately describes the description of the goods to be transported, there may be legal implications for the Sender misrepresenting the goods to be transported.
When transporting animals, i.e. pets or livestock, Service provider is responsible to adhere to all laws governing said transport, including having the proper licenses & permits. Notwithstanding said laws, the Service provider warrants that it will take every possible precaution to safeguard the wellbeing of animals during transport and that it has the expertise and ability to carry out such a delivery.
The Users are solely responsible for customs, legal and/or financial issues related to the transport of goods, including but not limited to issues arising out of cross border transports.
If the User is aware that any unauthorized use of their authentication credentials and/or violations of their confidentiality, the User undertakes to promptly communicate it to KIFFGO.
When posting a request for Delivery or service, Sender warrants that said request is real and valid. Should circumstances change, Sender is responsible for removing said request by contacting KIFFGO customer service.
7. KIFFGO'S OBLIGATIONS: AVAILABILITY
KIFFGO shall use reasonable endeavours to ensure that Service will be available at all times. However the User acknowledges and agrees that events related to maintenance, security or capacity requirements, and/or events beyond KIFFGO’s control may result in malfunctions or interruptions of the Service. KIFFGO excludes to the fullest extent permitted by law, all liability for damage caused by any such interruption or errors in functioning.
8. NO WARRANTIES OR REPRESENTATIVES DISCLAIMER
8.1 NO WARRANTIES
KIFFGO provides the platform on which Users can connect so as to enable them to enter into agreements directly with each other for the provision of transport services and KIFFGO takes no responsibility for the type of goods transported or for the performance of the transport service itself, these are matters between the Sender and the Service provider.
KIFFGO makes no warranties or representations regarding any data and/or information published or otherwise made available on the Service from Users of the Service, or on any external websites linked to or referred to on the Service.
Neither KIFFGO nor its directors, agents and employees, shall be liable to you in contract, tort, including negligence, or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from: your use of or your inability to use our Services; delays or disruptions in our Services; viruses or other malicious software obtained by accessing, or linking to, our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to any electronic device using the Service. Where you are subject to a jurisdiction that does not allow the disclaimer of warranties or exclusion of damages, such disclaimers and exclusions may not apply to you. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you transport using the Service.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
By providing information to KIFFGO, you as a User, represent and warrant that you are entitled to submit the information and that the information is accurate, true, not confidential, and not in violation of any contractual restrictions or other third party rights.
You shall indemnify and hold KIFFGO harmless for all damages, losses and costs related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of information that infringes third party rights or applicable laws or your failure to comply with the Usage Rules, (2) any information you submit to the Services, and (3) any activity in which you engage on or through the Service.
KIFFGO makes reasonable efforts to verify the identity of registered Users. However, KIFFGO explicitly disclaims any liability in connection with Users who submit inaccurate or incorrect information. The User warrants and shall indemnify and hold harmless KIFFGO for any loss due to inaccurate or incorrect information being submitted by the User, or the registered profile being used by someone else than the registered User.
10.1 OUR USE OF PERSONAL DATA
When registering with KIFFGO you the User agree that KIFFGO may use and store the information provided by you in order for KIFFGO to manage and maintain the relationship with the User. KIFFGO may contact you at the email address specified in your profile with information about services and new offers from KIFFGO.
You have the right to request access to the information we have stored about you as well as requesting that we correct any erroneous information we have stored about you. For any queries regarding our use of personal data, please contact us at firstname.lastname@example.org
11. INTELLECTUAL PROPERTY RIGHTS
KIFFGO shall retain any and all intellectual property rights to all features and content of the Service, including but not limited to pictures, video, audio, text, design elements and source code. Subject to compliance with the terms of this Agreement, the User is granted a royalty-free (subject to any fees for accessing the Service being paid), non-exclusive, non-transferable license to use the Service in accordance with this Agreement throughout the term of this Agreement.
12. PRICES AND PAYMENT
The price for the transport service which is solely subject to agreement between the Service provider and Sender. The price for the service offered by the Service provider is agreed by the Sender and shall be as set out in the agreement between the Users. The Service Provider will confirm any changes to the price if such a price is changed from the original price.
12.2 PAYMENT & FEES
12.21 Our website and App is free for customers. A deposit is paid when a Service Provider is booked by the customer by credit or debit card.
Please note that is a non-refundable deposit. KIFFGO will only give a refund if we fail to match you to a suitable driver.
The balance is then paid to the Service Provider in cash at the conclusion of the job.
12.22 When booking with us you are booking for one trip only. If you wish the driver to make more than one trip for you, you are able to either add this into the booking using the 'add stop' option, so that this is factored into the quote you receive. Alternatively, you are able to ask the driver to do this on the day, however, he will charge you this via stop fee for any additional trip, plus a mileage charge for the additional mileage.
12.23 Customers are responsible for payment of additional monies if a booking exceeds the time booked for. The driver's half hourly rate for additional time is displayed in App when you book. The driver will make you aware when your booking is about to exceed the time booked for and at that point, if you confirm that you wish the driver to continue and complete the booking, any additional monies for extra time should be paid in cash to the driver at the completion of the job.
12.24 Customers are responsible for payment of additional monies if they omit a relevant stair charge from their booking and subsequently require the driver to carry goods up/down stairs. The stair charge is clearly visible in app and you are required to make a selection in this regard before being able to proceed with the booking.
12.25 Customers are responsible for payment of the booking, together with any additional overtime payment, at the conclusion of the booking. Should the drivers be required to wait for that payment, their half hourly rate for the booking will apply for all additional time they are required to wait.
12.26 Service Providers are responsible for the collection of monies owed at the conclusion of a job and also payment of all VAT associated with the provision of services to the customer.
13. Your Responsibilities
Information and other materials posted on our website or App are not intended to amount to advice upon which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our website or App.
13.1 Van Sizes
It is entirely the customer’s responsibility to choose the correct size vehicle. Our Customer Services Team can give you all the relevant measurements to help you make the right choice.
Suitable parking arrangements for the Service Provider will be made by you, the customer, at your own expense. These include, but are not limited to, suspended bays, parking permits, width restrictions and parking distances from your premises. You will fully indemnify the Service Provider if fines or penalties are incurred as a result of your failure to make said arrangements.
It is the customer’s responsibility to pack everything properly (unless packing services are requested). KIFFGO does not accept responsibility for damage or breakage caused by poor packing.
13.4 Fridge freezers
It is the customer's responsibility to ensure that all fridge freezers are fully defrosted (KIFFGO and its Service Providers are not liable for their contents) and all other appliances must be completely dry with no residual fluid.
13.5 Washing Machines/Dishwasher
It is the customer's responsibility to unplumb washing machines/dishwashers prior to our arrival. Service Providers on the website or App are man and van services, and not plumbers. Although they may be prepared to uninstall a washing machine or dishwasher,or reinstall a washing machine or dishwasher at your specific request, they take no responsibility for this. This is done as a goodwill gesture only and is not a service we offer.
13.6 Dismantling of Furniture etc
It is the customer’s responsibility to dismantle items before our arrival. This is to include any unit, system, furniture or beds, unless this service has been requested agreed in advance with the Service Provider. Our drivers all carry basic tools but any specialist tools required for the disassembly/reassembly of furniture should be provided by the customer.
13.7 Access to the new Property
It is the customer’s responsibility to make sure that all items are able to be moved into the new property (for example, wardrobe, bed, sofa etc). We are not insured for removing any windows or making new entrances to the property.
13.8 Customer Delays
If any delay is caused by the customer (e.g. everything is not packed, waiting for keys, incorrect address, etc) our Service Providers reserve the right to add an extra cost to the final bill.
13.9 Changes to the Collection Time
If the customer wants to change the pick-up time to a confirmed booking we cannot guarantee availability so please contact the Service Provider directly via app or call KIFFGO support.
13.10 Customer Conduct
No abuse will be tolerated to our drivers or staff.
If the driver is forced to terminate a job because of abuse from a customer, the customer will still be charged in full.
We retain the right to cancel a booking in the event that the customer is abusive to our staff.
No complaint will be handled by KIFFGO if the the customer is abusive to our staff and in this event the customer will be required to liaise with the Service Provider directly.
13.11 Recycling Centre
If you require the driver to attend your local recycling centre, it is your responsibility to check with the centre you intend to use that a waste disposal licence is not required. In general, our drivers will not carry these. Also, please check if there will be an additional fee for the van entering and using the centre's facilities, as you will be responsible for this charge.
13.12 Travelling in the Van
Customers are able to travel in the van with the driver. Spare seats are based on your van size selection and the number of helpers you have requested. The number of seats available will be confirmed in App or Website prior to booking. You are not charged extra to travel in the van and this service is offered as a courtesy by the Service Provider. For this reason, no refund will be made for complaints in relation to the Service Provider's driving ability, nor the manner of his driving. In addition, if a Service Provider feels that a customer has been in any way rude or abusive to him, he is not compelled to carry that passenger in his van. In no way does travelling in the van constitute a private hire and the cab of the van does not constitute a public area. Therefore please be aware that no smoking rules do not apply.
13.13 Ferry Costs
All quotes provided on the website are exclusive of ferry costs (if applicable). Any such costs will need to be sourced by the customer and remain the responsibility of the customer. The customer is also responsible for the ferry cost of the van's return journey.
13.14 London’s Congestion Charges
All quotes provided on the website or in app are exclusive of congestion charges (if applicable). It remains the responsibility of the customer to pay for the congestion charge £11.50 for jobs within London’s congestion zone between 7:00 and 18:00, Monday to Friday.
14. TERMINATION DUE TO BREACH
KIFFGO may restrict, suspend or terminate the account of any User who abuses or misuses the Services or if the User violates the Agreement, without further notice to the User.
15. MISCELLANEOUS PROVISIONS
KIFFGO may transfer its rights and obligations under these terms to another organisation.
If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
DISPUTES, CHOICE OF LAW AND JURISDICTION
If a dispute arises between you and KIFFGO, we encourage you to first contact us directly to seek to resolve the matter by contacting us at email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement between you and KIFFGO shall be governed by and construed in accordance with the laws of England.
You and KIFFGO both agree to submit to the non-exclusive jurisdiction of the English Courts. The use of the phrase “non-exclusive jurisdiction of the English Courts” means that if you were able to bring a claim arising from or in connection with this Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. However in whatever Court you bring a claim, English law will apply.
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