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.
If you have any questions, please refer to our Frequently Asked Questions.
Please note: underlined words and phrases are links to these pages and websites.
1. Eligibility. Our services are available only to, and may only be used by individuals or business entities 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). 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. We reserve the right to refuse services to any individual. If you are using the Site as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. 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 to complete the request, you will receive an invoice for the full amount of your orders and a link to pay your invoice. Upon payment of the invoiced amount, your Gopher will purchase the item(s) and ship it to you. If for any reason the Gopher is unable to complete your request, after receiving payment, you will be promptly and fully refunded. Please refer to [link to FedEx calculator page] 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. We may in our sole discretion change some or all of our services at any time. 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.
3. Global Gophers is not a Retailer. Global Gophers is not a retailer or reseller. Although we purchase items and ship them to you, we are 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 from 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. While we do carefully inventory all items we receive before shipping them to you, we cannot be responsible for mistakes or errors by the retailers we buy from. We explicitly reject all warranties and representations related to the items purchased on your behalf by the Gophers.
4. Prohibited, Questionable and Infringing Items and Uses. 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. Furthermore, you represent and warrant that you are the end user of any and all merchandise that you purchase and that any and all merchandise you purchase will be used in the country that the you request shipment to to and that you will not re-export to a different destination.
5. 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. You should 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.
6. 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.
8. 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.
9. 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.
10. 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.
11. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.