Effective Date: March 16, 2020
By downloading and installing the GOHEAVY (also the “Company”) application or using any software tools created by GOHEAVY (collectively, the “Platform”), you agree to the terms and conditions in this document. GoHeavy reserves the right, in its sole discretion, to modify these terms at any time and require your consent upon reactivation of the application.
Description of Service
The Platform provides a marketplace and a method where local business and people who seek delivery of large and medium items to certain local destinations (“On-demand Delivery Customers” or “ODC”) can be paired with vetted persons driving larger sized vehicles adapted for a payload, i.e. pickups, SUVs, MiniVans, Cargo Vans, Box Trucks, Trailer Hauls, to or through those destinations (“Drivers”). Drivers and ODC are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the Company Platform. For purposes of this Agreement, the services provided by Drivers to ODC that are paired through the Platform shall be referred to collectively as the “Services”.
COMPANY DOES NOT PROVIDE DELIVERY SERVICES, AND COMPANY IS NOT A DELIVERY CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A DELIVERY TO AN ODC CONTACTED THROUGH THE COMPANY PLATFORM, AND IT IS UP TO THE ODC TO DECIDE WHETHER OR NOT TO ACCEPT A DELIVERY FROM ANY DRIVER CONTACTED THROUGH THE COMPANY PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS PAIRED THROUGH THE COMPANY PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH SERVICE PROVIDED BY A DRIVER TO A USER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
By creating your User account and using the Company Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE COMPANY PLATFORM OR THE SERVICE
On-demand pick-up and delivery of large, medium items from either retail brickand mortar stores and/or distribution centers and/or from private individuals or companies and the drop-off of these items to home, offices, hotels, companies or private individuals.
When you order a GOHEAVY Service, you are requesting one or two driver teams operating pick-up trucks, minivans, SUVs, Box Trucks or Trailer Hauls. These teams can assist you in loading and unloading and placing your purchases at the drop off location.
GOHEAVY cannot move hazardous materials, including pool chemicals, paint and solvents, flammable or explosive items, firearms or anything designated by the Department of Transportation as Hazardous Materials. GOHEAVY also cannot transport live animals or humans, illegal substances, fine art, jewelry, improperly packaged sensitive electronics or fragile items or anything that may place a driver in conflict with Federal, State, or local laws or regulations. GOHEAVY DRIVERS MAY NOT CARRY PASSENGERS OR LIVE ANIMALS UNDER ANY CIRCUMSTANCES.
Guarantee of Goods
ODC goods are guaranteed to arrive in the same condition as they were when they were picked up. Existing damage will be noted and photographed by drivers prior to transport. Damage that occurs during transportation (from the time the goods are placed on the truck to the time they are removed) will be repaired or replaced by GOHEAVY up to $10,000 in value.
Items of extraordinary value or items that are irreplaceable should not be moved via GOHEAVY.
GOHEAVY will vet and qualify GOHEAVY Drivers prior to offering Services. Each Driver must pass a multi-point qualification, which includes a background check, driving record review, insurance, vehicle suitability, and other factors.
As an ODC you agree that any amounts charged following a Service (a “Charge”) are due and payable immediately upon completion of the completion of Services. Charges include Service Fees and other applicable fees, tolls, surcharges, and taxes as set forth on GOHEAVY’s Platform and may vary between markets and cities where GOHEAVY offers Services, plus any tips to the Driver(s) that you elect to pay. GOHEAVY has the authority and reserves the right to determine
and modify pricing by posting applicable Charges on the relevant aspects of the Platform presented to you. Charges may vary based on the type of Service you request (e.g., Same-Day or Next Day) as described on the relevant aspect of the Platform. You are responsible for reviewing the applicable pages or screens of the Platform and shall be responsible for all Charges incurred under your User account regardless of your actual awareness of such Charges or the amounts thereof. In all markets, Charges are subject to maximum limits as set forth in the Platform.
- Delivery Fees: Service Fees consist of a base price and incremental charges based on the duration and distance of your pick-up and delivery locations. Delivery Fees may be estimated in advance as set forth in more detail below, but no guarantee is provided and actual charges may vary in accordance with the published pricing schedules. Pricing is based on the vehicle assigned for the Service per driver, plus miles driven between pickup and drop-off locations (you are charged by the miles, not driving time) and time spent during loading and unloading, load size, and load weight. Fees may be subject to a multiplier at times of high demand of the Services (“Peak Time”) as determined by Company. We will use reasonable efforts to inform you of any Peak Time multipliers in effect at the time you request a ride.
- Service Fee: Company will assess a per-instance of Services “Service Fee” to offset Company’s expenses, including but not limited to those related to promoting safety on the Company platform as well as other operational costs of running the Company Platform, all as set forth on the Platform. Such expenses are dynamic and may or may not exceed Company’s Service Fee collections in certain markets.
- Cancellation Fee: In the event that you cancel a delivery request on the Platform more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your delivery in a timely manner, you agree to pay a “Cancellation Fee” as set forth on the Platform. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled deliveries to disrupt the Platform or the provision of Services.
- Damage Fee: If a Driver reports that you have materially damaged the Driver’s vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Company in its sole discretion), towards vehicle repair or cleaning. Company reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Other Charges: Other fees, tolls, and surcharges may apply to your delivery, including: actual or anticipated airport fees, state or local fees, tolls (and return tolls in select instances), and processing fees for split payments. In addition, where required by law, Company will collect applicable taxes. See market-specific information in the Platform for accurate details on other charges that may apply. Any tips will be provided entirely to the applicable Driver or team. A minimum non-refundable amount $15.00 applies if more than 5 minutes have passed since a delivery request is made and/or the driver has been dispatched to arrive on time and is within 5 minutes of the ETA at pick up location.
- Facilitation of Payments: All Charges are facilitated through a third-party payment processing service, Stripe, Inc. Company may replace its thirdparty payment processing services without notice to you. Charges shall only be made through the Platform. Cash payments are strictly prohibited.
- No Refunds: Charges are assessed immediately following completion of the Services, in accordance with your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Platform, any disruption to the Company Platform or Services, or any other reason whatsoever.
- Promotions: Company, at its sole discretion, may make available promotions with different features to any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your agreement or relationship with Company.
- Credit Card Authorization: Upon addition of a new payment method or each ride request, Company may seek authorization of your selected payment method to verify your payment method, ensure the Service cost will be covered, and protect against unauthorized behavior. The authorization is not a charge however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. (Pre-authorization Holds)
GOHEAVY provides non-binding estimates of pricing and delivery times for drivers. Actual charges may vary based on factors outside of the Company’s control, such as but not limited to weather and traffic conditions, store loading waiting times, customer special requests, and other unexpected barriers to loading or unloading that may or may not have been communicated to GOHEAVY. CUSTOMERS ARE FULLY RESPONSIBLE FOR ACTUAL CHARGES THAT MAY VARY FROM THE ESTIMATE. Delivery times for Drivers – including pre-scheduled times – are also non-binding estimates and may vary for the same or similar reasons. USERS SHOULD REASONABLY EXPECT VARIANCES OF UP TO 180 MINUTES FROM ESTIMATED TIMES AFTER PICK UP FOR SAME-DAY IN-STORE AND FULFILLMENT CENTER DELIVERIES.
Stranding and Abandonment
Use of GOHEAVY services to strand or abandon items may result in a stranding and abandonment fee of up to $250.00.
Risk and Insurance
Each vehicle is separately insured by its owner. Damage to consumer goods transported by the Services are covered by a separate policy paid for by GOHEAVY. Company wi l l have no respons ibi l i t y for goods and other property that are damaged as a result of improper packaging for transport. It is the ODC’s responsibility to ensure that items are reasonably packaged and prepared for delivery by a Driver pursuant to the Platform.
For immediate response to any inquiry please email email@example.com.
Your information may be used only to provide better service for you. You also agree that by installing and using the GOHEAVY app, you have opted into our customer communications and may receive emails, text messages, or push notifications from GOHEAVY. You may unsubscribe from these communications at any time.
Our Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law in the United States. You must be over the age of 18 and have lawful citizenship or eligibility to perform work in the United States. By using the Platform, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of Your GOHEAVY account. You are responsible for maintaining the confidentiality of any password provided by or used by You. You are solely and completely responsible for all transactions that occur using Your account and password. GOHEAVY has no control over the use of any User’s account. If You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact GOHEAVY immediately.
Representations and Warranties
You agree that when using the GOHEAVY Platform you will use the applications in their intended method and that you will not attempt to subvert the system or cause the GOHEAVY business model to be impaired or changed. You agree that you are using the GOHEAVY Platform and services voluntarily and you agree to pay for any services you request when they are delivered to you.
YOU SHALL FULLY INDEMNIFY, HOLD HARMLE SS AND DEFEND GOHEAVY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, STOCKHOLDERS AND AFFILIATES (COLLECTIVELY, “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND COSTS), WHETHER OR NOT INVOLVING A THIRD PARTY CLAIM, WHICH ARISE OUT OF OR RELATE TO A) ANY BREACH OF ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT, B) ANY ACTION OR OMISSION ARISING FROM THE PERFORMANCE OF YOUR SERVICES UNDER THIS AGREEMENT INCLUDING PERSONAL INJURY OR DEATH TO ANY PERSON, INCLUDING YOU, C) LIABILITY FOR CIVIL OR CRIMINAL CONDUCT THAT HARMS ANOTHER PARTY, D) LIABILITY THAT OCCURS DUE TO USE OR MISUSE OF THE PLATFORM.
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Texas. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Dallas County, Texas, for any matter arising out of or relating to this Agreement.