THE FOLLOWING DESCRIBES THE TERMS ON WHICH GLOBAL GOPHERS OFFERS YOU TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for Global Gophers. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.globalgophers.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Global Gophers. This Agreement is effective upon your acceptance by clicking the appropriate button below.
Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Global Gophers users. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. If you are using the Site as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services. Making a request at Global Gophers is free. Once you have made your request, you will be sent an email confirming the Gopher can source your item(s). If the Gopher believes that the item(s) are available and the Gopher is able and willing to complete the request a deposit will also be requested. Upon payment of the deposit your Gopher will purchase the item, calculate shipping and send you a final invoice. Upon receipt of payment your item(s) will be shipped to you. If for any reason the Gopher is unable to complete your request after receiving your deposit your deposit will be promptly and fully refunded. No refund will be given if you decide not to complete your order. Please refer to www.usps.com, www.royalmail.com or www.laposte.fr for estimated shipping charges. Our pricing is available and is incorporated into this Agreement by reference. We may change our pricing for our services from time to time. Our changes to the pricing are effective immediately by posting changes on the Site. However, we may choose to temporarily change our fees and Credits Policy and the fees for our services for promotional events (for example, free shipping days and sales) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes and import duties.
Global Gophers is a Venue. Global Gophers is not a retailer or reseller. Although we purchase items and ship them to you, we are not a traditional reseller. The Site acts as a venue to allow you to contact one of our independent service providers (the "Gophers") to purchase items for you at a local retailer, at anytime, from anywhere. We are not involved in the actual transaction between you and the Gophers. Although we set high standards for our Gophers and monitor their activities to an extent, we do not exercise control over their activities in any significant way so as to constitute employment. We assume no liability other than general contract liability for the actions of our Gophers. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the Gopher to the buyer, and nothing in this agreement shall modify the governing provisions of Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Global Gophers is not a traditional reseller. We do not mark up the fee charged for the item from the local retailer. Instead, our Gophers act as couriers, purchasing the item on your behalf and shipping it to you. You are charged the exact amount that the Gopher is charged in the retailer. If the item is on sale, the savings will be passed on to you. You will be provided with a copy of the receipt from the retailer for every item purchased on your behalf that exceeds $100.00 and should you have any problems with the item, you must deal directly with the retailer. We explicitly reject all warranties and representations related to the items purchased on your behalf by the Gophers.
Release. Because we are a venue, in the event that you have a dispute with one or more Gophers, you release Global Gophers (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Making a Request. As a requester, you are obligated to complete the transaction with the Gopher once you pay for the item. Unless you and the Gopher agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2). The risk of loss is shifted to you upon delivery of the package to the courier. You assume all risk thereafter in the event of loss or damage.
Care Packages. Global Gophers is not a retailer or reseller. Although we purchase items and ship them to you, we are not a traditional reseller. The Site acts as a venue to allow you to contact one of our independent service providers (the "Gophers") to purchase items for you at a local retailer and ship them to you. The care packages comprise selected items which are puchased on your behalf and shipped to you. Contact the Gopher directly if you have any problems with your gift package and return the package and its contents for a refund PLEASE NOTE no refund on shipping charges. Chocolate melts, you may wish to reconsider purchasing chocolate if there is a risk of melting. No refund will be given for melted chocolate. Though we use our best efforts to send a package identical to that pictured on the site, unforseen circumstances may force us to substitute any of the items for an item of equal or greater value.
Prohibited, Questionable and Infringing Items. Please do not make requests for the following items as they are prohibited: alcohol, tobacco, obscene or pornographic material, fresh or perishable food (fruit, vegetables, dairy products), animals and wildlife products, artifacts, batteries, narcotics, steroids, and other controlled substances, firearms, weapons and knives, hazardous or dangerous goods, fireworks, controlled drugs or items (or their components) that require a prescription from a licensed practitioner (such as a doctor, dentist, ophthalmologist or optometrist) are not permitted on Global Gophers; this includes drugs and devices prescribed by veterinarians for animals, items that promote or glorify hatred, violence, racial or religious intolerance, or items that promote organizations with such views. And any other item(s) which is illegal to import in your home country. Buyers are reminded that they are responsible for educating themselves on customs and importation restrictions of the country item(s) that are to be shipped to you. Click here to view the United States Postal Service country mailing conditions for more information.
Additional Customs Information You may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional charges for customs clearance must be paid by you as we have no control over these charges and cannot predict what they may be. Please check with your local customs office to find out what the charges will be. Some countries may also charge an additional handling fee for delivery. Customs policies vary widely from country to country- you should contact your local customs office for further information. Additionally, when ordering from Global Gophers, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Generally, customs forms for international packages will list the value of your order's contents by product type. For instance, orders containing food, and DVDs will generally be listed in a way similar to the following example: Chocolate: $9.00, DVD: $15.49. Your privacy is important to us, and we know that you care about how information about your order is used and shared. We would like our international customers and customers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities. Also, we may provide certain order, shipment and product information, such as titles, to our international carriers, and such information may be communicated by the carriers to customs authorities in order to facilitate customs clearance and comply with local laws. If the order is a gift, the package is marked "Gift," but the cost of the item is still stated on the customs form. Customs authorities require us to state the value of the gift item directly on the package.
Your Information. 9.1 Definition. "Your Information" is defined as any information you provide to us or Gophers in the course or making a request and paying for your item or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
9.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not request any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to one of our Gophers the service or the final invoice fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items .
Breach. Without limiting other remedies, we may refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our Gophers or us.
No Warranty. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND OUR SUPPLIER SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state and country to country.
Liability Limit. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND OUR SUPPLIER, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity. You agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
No Agency. You and Global Gophers are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Global Gophers Attn: Legal Department, 206 E. 17 th Street, Ste 4a, New York, NY10003 or to the email address you provide to Global Gophers during the request process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Global Gophers during the request process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes. In the event a dispute arises between you and Global Gophers, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Global Gophers agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Global Gophers may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in New York County , New York or where the defendant is located (in our case New York , New York , and in your case your home address or principal place of business). You and Global Gophers agree to submit to the personal jurisdiction of the courts located within the county of New York , New York.
Alternative Dispute Resolution. Alternatively, Global Gophers will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in New York County , New York or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 15, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.