Terms and Conditions and Privacy Policy

 

Welcome to GoWaft—the platform from GoWaft Limited (“GoWaft”) that connects you with profesionnal vehicle owners (each, a “Mover”) who will move your stuff wherever you want.

These Terms of Service (“Terms”) apply to your access and use of the mobile application (the “App”), website (“Site”) and other online products and services (collectively, the “GoWaft Platform”) of GoWaft.

 

Accepting these Terms

BY ACCESSING OR USING THE GOWAFT PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW.

Please read all of the terms before you use the GoWaft Platform. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the GoWaft Platform.

 

CHANGES

We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.

Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the GoWaft Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

 

PRIVACY POLICY

For information about how we collect, use and share information about users of the GoWaft Platform.

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

 

DESCRIPTION OF GOWAFT PLATFORM

Through the GoWaft Platform, you can submit a request (a “Request”) for a MOVER to pick up the item(s) you specify (each, an “Item”) for loading, unloading, moving, hauling, packing, lifting, (the “Services”). You will receive price quote for the fee that will apply to completing your Request (the “Services Fee”). Once you submit the payment information for the Request, your Request will be sent out to our network of MOVERS. You will receive a notification through the GoWaft Platform when a MOVER has accepted your Request, and you will be able to communicate with that MOVER through the GoWaft Platform to confirm and coordinate certain logistics involved with completing your Request.

You represent and warrant that the Items related to any Request are your personal property and you have all right, title and permission to request and allow the loading, unloading, moving, packing, or lifting of any Items, and that the performance of the Services by a MOVER will not result in the violation of any third party’s ownership or privacy rights.

For more information about the GoWaft Platform, please see our FAQs on the FAQs section on www.gowaft.com

 

PAYMENT OF SERVICES

You must provide credit card information to submit a Request. You are responsible for paying the applicable Services Fee for any completed Services. Once you submit a Request, we will place a temporary hold on the credit card account you provided in an amount equal to 20% of the estimated price applicable Services Fee. Once you and the MOVER have verified that the Services are completed, THE PAYMENT OF THE SERVICE WILL BE CHARGED TO YOUR CREDIT CARD ACCOUNT AND YOU WILL RECEIVE ON YOUR EMAIL THE DETAIL OF THE SERVICE INCLUDING VAT.

You agree to make all payments to the Mover through the GoWaft Platform and will not pay any Mover in cash or means other than directly through the GoWaft Platform.

 

CANCELLATIONS

If you cancel any Request: (a) before a Mover accepts it, or (b) after it has been accepted by a Mover but more than 24 hours before the Services are to be performed, you will not be charged, and the hold will be lifted on your credit card. If you cancel any Request less than 24 hours before the Services are to be performed, your credit card account will be charged 20% of the estimated applicable Services Fee.

In the instance where the Mover attempts to fulfill the Request but cannot do so for reasons out of the Mover’s or GoWaft’s control, your credit card will be charged 50% of the applicable Services Fee.

 

RIGHT TO USE THE GOWAFT PLATFORM

On the condition that you fully comply with these Terms, GoWaft grants you a limited, nonexclusive, non-transferable and revocable license to access and use the GoWaft Platform for your own personal, non-commercial use. The terms of this license will also govern any upgrades provided by GoWaft that replace and/or supplement the original platform, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Except as expressly authorized by these Terms, you may not (1) modify, disclose, alter, translate or create derivative works of the GoWaft Platform, (2) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the GoWaft Platform, (3) disassemble, decompile or reverse engineer any of the software components of the GoWaft Platform, (4) copy, frame or mirror any part of the GoWaft Platform, (5) interfere with or disrupt the integrity or performance of the GoWaft Platform, or (6) attempt to gain unauthorized access to the GoWaft Platform or its related systems or networks.

 

PROHITBITIONS ON USING THE GOWAFT PLATFORM

You may not post or otherwise make available on or through the GoWaft Platform any of the following:

  • Private information of any other persons (including names, email addresses, phone numbers, ID DETAILS);
  • Content that is libelous, defamatory, abusive, offensive or hateful;
  • Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
  • Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
  • Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code;
  • Content that, in GoWaft’s judgment, is objectionable, may restrict or inhibit another from enjoying the GoWaft Platform or may expose GoWaft or users of the GoWaft Platform to harm or liability of any type; and/or
  • Content that you are contractually or legally required to keep confidential.

Also, you may not do any of the following in connection with the GoWaft Platform or other users:

  • Use the GoWaft Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the GoWaft Platform or that could damage, disable, overburden or impair the functioning of the GoWaft Platform;
  • Collect any personal information about other users;
  • Intimidate, threaten, stalk, bully or otherwise harass other users;
  • Post spam or commercial messages through the GoWaft Platform;
  • Create an account or submit a Request if you are not over 18 years of age;
  • Use the GoWaft Platform for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the GoWaft Platform, its users, or third parties.

 

Your use of the GoWaft Platform is at your own risk. GoWaft is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, GoWaft is not liable for the content of any Requests. Although we have no obligation to screen, edit or monitor Requests, we reserve the right, and have the discretion, to screen, edit or remove any Requests at any time, for any reason and without notice.

 

DISPUTES BETWEEN YOU AND A MOVER

The GoWaft Platform is merely a neutral means of connecting you with Movers. We do not represent or warrant that any Mover will meet your expectations or instructions in performing any Services. Any dispute that you may have regarding the performance of any Services, including any dispute related to the time, place, and manner of doing so, is between you and the applicable Mover. GoWaft is not responsible for the replacement or repair of any of your personal property that may be damaged by a Mover while performing the Services.

Please report any suspected illegal or unethical behavior by a Mover during the performance of any Services to contact@gowaft.com

 

REPORTING/REMOVAL

GoWaft users may report content to GoWaft that they think violates these Terms, and GoWaft may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.

Also, GoWaft has adopted a policy of terminating, in appropriate circumstances and at GoWaft’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. GoWaft may also at its sole discretion limit access to the GoWaft Platform or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the GoWaft Platform infringes upon any copyright that you own or control, you may file a notification with GoWaft.

If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by GoWaft or the alleged infringer as the result of GoWaft relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

GOWAFT’S RIGHT

As between you and GoWaft, all information, materials and content of the GoWaft Platform, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by GoWaft or is used with permission. When you create, share, link to, or otherwise make available any Requests, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Requests throughout the world in any manner or media, on or off the GoWaft Platform. GoWaft reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of GoWaft any and all moral rights that you may possess in or to any Requests.

 

FEEDBACK

Any suggestions, comments or other feedback you give us about the GoWaft Platform (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

 

LOCATION INFORMATION

The GoWaft Platform collects location information and it will be used and disclosed as set forth in the Privacy Policy section.

By accepting these Terms or using the platform you affirmatively consent to GoWaft’s collection, use, disclosure and storage of your location information. You may revoke your consent with respect to GoWaft’s collection, use, disclosure and storage of your location information at any time. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, GoWaft will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, GoWaft will resume the collection of location information.

GoWaft takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

 

DISCLAIMERS

EXCEPT AS REQUIRED OTHERWISE OF GOWAFT BY APPLICABLE LAW, THE GOWAFT PLATFORM AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING REQUESTS) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE GOWAFT PLATFORM AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOWAFT PLATFORM (INCLUDING REQUESTS) AND THE SERVICES PERFORMED BY MOVERS.

 

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GOWAFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE GOWAFT PLATFORM (INCLUDING THE APP AND ANY REQUEST OR BID), SERVICES PERFORMED BY MOVERS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF GOWAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF WAFT AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE TO DOWNLOAD THE APP (IF ANY) AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE.

 

INDEMNIFICATION

You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the GoWaft Platform or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your GoWaft account.

 

CHANGES TO GOWAFT PLATFORM

GoWaft reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the GoWaft Platform and/or any features, information, materials or content on the GoWaft Platform with or without providing notice to you. GoWaft will not be liable to you or any third party for any changes or discontinuance of the GoWaft Platform or any part of the GoWaft Platform.

 

CONSENT TO ELECTRONIC COMMUNICATION

By using the GoWaft Platform, you agree that we may communicate with you electronically regarding your use of the GoWaft Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at contact@gowaft.com

 

SUSPENSION AND TERMINATION

GoWaft may suspend or terminate your rights to access or use the GoWaft Platform for any reason or for no reason at all and with or without notice at GoWaft’s discretion. Suspension or termination may include restricting access to and use of the platform. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

 

ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH GOWAFT AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GOWAFT.

These Terms shall be governed by and construed in accordance to United Kingdom laws, without resort to any conflict of law provisions.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the GoWaft Platform, you and GoWaft agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and GoWaft are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and GoWaft will not commence against the other a class action, class arbitration or other representative action or proceeding.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of United Kingdom Law. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the United Kingdom and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the GoWaft Platform.

 

GENERAL

Enforcement of these Terms is solely at GoWaft’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.

These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the GoWaft Platform and the Services, and they supersede any prior agreements that may have been made.

 

CONTACT US

If you have any questions about these Terms, please email us at contact@gowaft.com or send a letter to:

GoWaft Limited

Fitzroy Street

W1T 4BP London

United Kingdom