Effective date: Jan 1, 2021
Agreement between User and Gopher, Inc.
www.gophergo.io is the website associated with the mobile app(s); Gopher Request and Gopher Go are the names of the 2 apps used. Gopher is a dual platform on-demand community marketplace app that facilitates the delivery of any good and/or service. We’re the perfect companion for anyone who needs help with an errand, chore or task. Make a fair offer and we’ll find you a Gopher!
Visiting Gopher, Inc or sending emails to Gopher constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email on the Apps and on the Site, satisfy any legal requirement that such communications be in writing.
Your Gopher Account
If you use this Site and/or Apps, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gopher is not responsible for third party access to your account that results from theft or misappropriation of your account. Gopher and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You may register only 1 Gopher Request account and 1 Gopher Go account, each requiring a unique email address upon sign up. The information you provide must be accurate and complete, and you must keep it current. Profile info must include your legal name, your actual date of birth, your permanent address and a recent profile picture. Inaccurate information on your Gopher account(s) or any Gopher request made, may result in removal from Gopher. You are responsible for use of your account, so please do not let anyone else use it. Keep your username and password confidential. If you identify suspicious activity on your account, please notify our Gopher Support Team immediately.
Gopher does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are between the ages of 13 and 18, you may use Gopher only with permission of a parent or legal guardian. Requests involving age restricted products are prohibited to all Users under the age of 21. It may be possible to request the delivery of products that include an age restriction in some locations. You agree to follow all applicable laws and specifically agree not to use Gopher, or its services to violate any applicable laws. If you request any age restricted products, you agree that you are of legal age for purchasing, possessing, and consuming such products (21+ years of age). You agree to provide a valid government-issued identification from the Requester, upon delivery of any such age-restricted product. You agree that if Gopher learns that you are not eligible to purchase an age-restricted product, it may immediately cancel your order. Attempting to use your account to circumvent age restrictions for the purchase of tobacco or alcohol may result in a permanent ban from the entire Gopher, Inc platform.
Gopher Request Fees
When submitting a Gopher Request, you agree to an immediate pre-authorization charge for the full amount. This is to ensure the entire amount of the proposed request is available when the request is accepted and completed. The pre-authorization is not an actual charge and is released back to your account in the event your request expires or is cancelled. The Fees to make a request are $1.99 + 8% of the total transaction. Fees are non-refundable once a request is completed. We may refuse any request that we feel compromises our values and/or falls inside the Gopher Prohibited List.
Gopher Request “Gopher Offering” Policy
When submitting a Gopher Request, the amount offered must be the entire amount to complete the request. Stating additional funds will be earned is a violation of our terms of service. Gopher, Inc can only fulfill a transaction if the amount is entered in the “Gopher Offering” section of the Request Details. In the event a request is submitted, stating additional money will be offered via cash or any other form of payment, the Requestor risks being suspended or removed from the platform. This protects both the Requestor and Gopher from any potential disagreements related to the actual money received for completing a request.
Gopher Go Payout
In order to receive a Gopher Request notification and therefore payout opportunity, you must have an authorized Gopher Profile (this consists of entering your legal name, your actual date of birth, your permanent address and a recent picture on the Gopher Go app). When adding your debit card (we cant add money to credit cards) the information must match your Gopher Profile info exactly (you will not be able to use someone else’s card.) Lastly, as a “Gopher” you must enter your SSN and a submit a valid form of ID (Stripe offers several options to choose from) and the info must match the info on your profile and debit card. If it doesn’t, you will not be able to accept Gopher Requests per the terms and conditions of our Payout partner (Stripe.com). Simply put, we just want you to be who you say you are. Once you are authorized, welcome, we’re glad to have you! Payout is very simple and in this sequence. 1) Review the request. 2) Determine if you can fully perform the request in full 3) Agree to the “gopher go cancellation policy” and accept the request. 4) Text/call the Requestor with the corresponding eta and confirm details. 5) Update the request to “IN PROGRESS” and lastly 6) Update the request to “COMPLETED” once finished. 6) This immediately prompts a notification to be sent to the Requestor, who will select “confirmed” or “did not complete.” If the Requestor selects “confirmed” the payout is instant and will be in your bank account with-in minutes. If “did not complete” is selected, a dispute is sent to Gopher, Inc where a determination will be made to the best of our ability. PLEASE NOTE: it is very important to keep your debit card up to date; an expired card will delay your payout. Lastly, please DO NOT accept a request that states additional payout will be earned for a request (or any other verbiage of the sort). Gopher, Inc cannot guarantee payments unless they are entered in the Gopher Offering section of a request. The amount shown as offered on the Gopher Go app notification dashboard is always the exclusive total amount guaranteed.
Gopher Go Payout Fraud (PLEASE DON’T TRY IT)
In the event we determine a Gopher Go User has maliciously logged “completed” for a Gopher Request, with the intent to fraud, Gopher will file criminal charges without hesitation. We invite all members, of all communities to the Gopher platforms, and have all of their best interests in mind. We kindly ask all of our users to pay the same respects to each other.
In the event there is a delivery or service dispute, Gopher Go Users (“Gophers”) will need to provide a receipt of each item purchased or provide a job was completed. In the event the Gopher cannot provide said proof, Gopher, INC will make a final determination (as equitable and fair as possible) as to whether a refund will be issued to the requesting party.
Gopher Go Cancellation Fee Policy
In the event a Gopher accepts a Gopher Request, confirms they will complete the request and then cancels the request after 5 minutes, they may incur up to a $5 cancellation fee. These fees are to ensure a Gopher Requester is receiving the fastest, most reliable service.
In-App Communication Policy
When a request is broadcast, available Gophers will have the ability to message a Requestor if more information is needed. Misuse of this feature to recruit Requestors off of the app for personal gain is prohibited and will result in having your account permanently removed from the Gopher Marketplace. When using this feature, please communicate with courtesy and professionalism. Please “flag” any/all messages with inappropriate content.
Select My Gopher Feature
When a Requestor chooses the “Select My Gopher” option, the request is initially broadcast exactly the same way as the “First Available” option. When a Gopher accepts the request, the Requestor is sent a notification and can view the Gophers prior performance, ratings and reviews. When the Requestor selects their Gopher, that Gopher is notified and the two are linked in the app to communicate accordingly. Any other Gophers who selected the request are notified the request is no longer available.
Background Screening with Yardstick
Gopher has teamed up with Yardstik to provide a background check screening, that once cleared, will allow the Gophers to receive a unique profile badge. This is a one-time fee based opportunity to showcase the applicant has cleared a National Criminal search, National Sex Offender search, Office of Foreign Asset Control and Most Wanted List search and Address and Social Security Trace to become a Gopher Pro. The Gopher Pro+ badge includes all of the same screenings as Gopher Pro as well as an MVS (Motor Vehicle Search). In the event the screening comes back with a disqualifying incident, you’ll receive notice that your background check has records that may affect your Gopher status. You will receive a copy of the report and will have a chance to dispute the results with Yardstik. Depending on the nature of the offense, you may be ineligible to continue on the Gopher Go App and therefore will be contacted by a Gopher Inc administrator.
Links to Third Party Sites/Third Party Services
Gopher, Inc may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Gopher and Gopher is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gopher is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gopher of the site or any association with its operators.
Certain services made available via Gopher, Inc are delivered by third party sites and organizations. By using any product, service or functionality originating from the Gopher, Inc domain, you hereby acknowledge and consent that Gopher may share such information and data with any third party with whom Gopher has a contractual relationship to provide the requested product, service or functionality on behalf of Gopher, Inc users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gopher or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gopher content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Gopher and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Gopher or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Gopher, Inc from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gopher Content accessed through Gopher, Inc in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Gopher, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gopher, Inc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gopher, Inc in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a North Carolina location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Gopher agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Assumption of Risk & Release of Liability
To the full extent permitted by law, Gopher, Inc and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“Gopher Entities”) (1) make no promises, warranties, or representations as to Gopher, Inc, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Gopher, Inc on an “AS IS” and “AS AVAILABLE” basis and any risk of using the Gopher Apps is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Gopher, Inc. Gopher, Inc is NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Gopher, Inc, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND APPS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GOPHER, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GOPHER, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GOPHER, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Gopher reserves the right, in its sole discretion, to terminate your access to the Site, Apps, the related services and/or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gopher as a result of this agreement or use of the Site. Gopher’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gopher’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gopher with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gopher with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gopher with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Gopher reserves the right, in its sole discretion, to change the Terms under which Gopher, Inc is offered. The most current version of the Terms will supersede all previous versions. Gopher encourages you to periodically review the Terms to stay informed of our updates.
Gopher welcomes your questions or comments regarding these Terms:
Gopher, Inc, 405 Shorehouse Way, Holly Springs, North Carolina 27540
Email Address: email@example.com
Telephone number: 805-624-1724