Itstime2move Customer Terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS (the “Customer Terms”) CAREFULLY BEFORE USING THE ITSTIME2MOVE PLATFORM. THESE CUSTOMER TERMS SHALL APPLY BETWEEN THE CUSTOMER AND ITSTIME2MOVE (BUT NOT PARTNERS).
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DEFINITIONS USED IN THESE CUSTOMER TERMS
Throughout these Terms we will use various defined terms. We have set out below what each of these terms means for ease of reference:
Allocate / Allocated means that a Partner has been offered and has accepted a Job via the Platform(s) and Itstime2move has allocated that Job to that Partner.
Business Days means Monday to Friday but excluding bank holidays in the UK
Business User means a user of the Itstime2move Platform that is acting in a business capacity.
Cancellation Fee means a charge which may be payable by You to Us in accordance with these Customer Terms.
Customer Platform Fee means the fee paid by You to Us for Your use of the Itstime2move Platform which is collected by Us as a deposit when booking as job.
Items means the items that are to be collected and delivered by a Partner.
Job means the collection and delivery of Items that You book via the Itstime2move Platform.
Payment Card means the credit or debit card that You use to make payment for the Job or the PayPal account that You use to make payment for the Job.
Platform means the Itstime2move Platform available at https://itstime2move.co.uk
Price means the cost of the Job plus the Customer Platform Fee, as detailed via the Itstime2move Platform.
Itstime2move Service means the Itstime2move Platform provided by Us to enable You to book a Job.
Partner means the driver or the company that are registered on platform, completing jobs for customers.
Partner Delivery Service means the service provided by the Partner to You which includes completion of the Job.
Partner Terms means the contract that is put in place between You and the Partner in relation to the Partner Delivery Service
Standard Bookings means a Job where You choose the collection and delivery location of the Items and usually this will be collection from and delivery to a domestic address.
You / Your / Customer means you, the individual customer who uses the Itstime2move Platform to book a Job.
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WHAT DO WE DO AND HOW DO THESE CUSTOMER TERMS APPLY TO YOU?
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We provide the Platform with reasonable care and skill and in accordance with the description of the Platform on Our website at itstime2move.co.uk
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We will only provide the Itstime2move Service. This means that Itstime2move does not provide the services of the Partner. Our role is limited to that of providing the Platform to enable You to book Jobs.
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HOW TO CONTACT US
We can be contacted at the following email address: ….
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ABOUT THESE TERMS AND IMPORTANT INFORMATION
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When You book the Job via the Platform You are deemed to have accepted these Customer Terms and Our Privacy Policy available at: ….
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These Customer Terms are applicable to the use of the Platform by You if You are acting in Your personal capacity only.
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If You are acting on behalf of a business and/or are using the Platform as a Business User, use of Our Platform is subject to Our Business User terms and conditions (“Business Terms”).
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When You place a booking for a Job using the Platform You agree that:
(a) We are not a transport provider and do not provide the Partner or the Partner Delivery Service.
(b)We provide only the Platform that facilitates Your booking and management of the Partner Delivery Service.
We can pre-authorize Your Payment Card for the Price of the Job deposit at the point at which You place the booking for the Job.(c)
(d) You will provide payment of the remaining balance (after deposit) to the Partner Delivery Service
(e)The Partner Delivery Services are provided to You by a Parter, under the Partners Terms which are in place between You and the Partner. We are not a party to the Partners Terms.
(e)Sometimes We may need to cancel a Job booking. We will only do so in accordance with these Customer Terms.
(f)If You cancel a Job booking, we can charge you a Cancellation Fee in accordance with clause 9.
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THE ITSTIME2MOVE PLATFORM
1. When You make enquiries to book a Job via the Istime2move Platform You will:
(a)be able to choose the collection and delivery location of the Item(s)
(b)be able to choose the collection time for the Item(s)
(c)be provided with the Price for the Job; and
(d)be able to book the Job via the Itstime2move Platform.
2. When You make a booking via the Shift Platform a Job is created and the Shift Platform will then find a Shifter to complete that Job. In most cases We will begin searching for a Shifter to complete Your Job immediately.
3. The Platform monitors the suitability and availability of Shifters and will Allocate the most suitable Shifter to your Job shortly before the Job is due to start. Usually this will be around 3 hours before the Job start time, or the evening before the Job in the case of an early-morning (e.g. 7am) booking.
4. When using the Shift Platform, You will enter into a contract with the Shifter on the Shifter Terms [Appendix 1] when the Shifter is Allocated the Job.
5. If for any reason Your Shifter changes once You have completed Your Job booking, You will enter into a contract with Your new Shifter on the Shifter Terms [Appendix 1] when You are made aware of the change of identity of the Shifter who will be completing Your Job.
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YOUR JOB
1. Acceptance of the Job via the Platform and the Price offered to You is based on the information You provide through the Platform during the booking process. You must make sure that all the information You provide on Our Platform is accurate.
2. If the information You provide via the Platform is not accurate:
(a)We may need to cancel the Job;
(b)The Price may not be accurate, and We may need to increase it.
(c)The Partner may be unable to complete the Job.
3. Once You have made a booking for a Job, if You require any other Items to be moved from or to other locations, You must make a separate booking on the Platform.
4. A Partner has the right to refuse to move Items not included in the original Job booking.
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YOUR USE OF OUR PLATFORM
1. The services that We provide to You are limited to providing the Itstime2move Platform which enable Jobs to be booked by You in accordance with these Customer Terms.
2. We cannot guarantee that the Platform will run error free or without interruption. From time to time, We will undertake planned and reactive maintenance to the Isttime2move Platform which may limit Your ability to access them.
3. We collect and process all personal information about You in accordance with Our Privacy Notice available at….
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YOUR RESPONSIBILITIES
1. To use Our services and the Itstime2move Platform, You must:
comply with these Customer Terms.
(a)be at least 18 years old.
(b) provide Us with Your valid, current (up to and including the date of the Job) email address and telephone number.
(c) keep Your payment information up to date and to provide Us with valid payment details at the time Your Job is booked and at all times until the Job is completed;
(d) provide accurate information to Us when You book Your Job.
(e) ensure You have access to Our Platform at all times when using Our services.
(f) provide anyone whose personal information You supply to us (for example if a friend or family member is meeting the Partner for Your Job) with a copy of these Consumer Terms and Our Privacy Notice;
(g) be at the collection address set out in Your Job request with the Item(s) ready to be loaded onto the Partner’s vehicle at least 15 minutes before the time the Partner is scheduled to arrive;
(h) arrange access for the Partner at the pickup and drop off locations set out in Your Job;
(i) arrange for all parking permissions at the pickup and drop off locations set out in Your Job, including paying any fees required for parking the Partner’s vehicle so Your Job can be completed without the Partner being given a parking fine;
(j) if applicable, if You book a Partner to move goods to a municipal waste centre, confirm with that municipal waste facility whether the Partner requires any permit to gain access and complete Your Job. This may include informing the local authority of the size of the vehicle being used and the nature of the Items being disposed of. If any such permit is required, You must obtain it at Your own expense;
(k) read and comply with Appendix 4 “Good Moves”; and
(l) behave and ensure that any other person connected with You behaves in a way that is not abusive or threatening towards the Partner.
3. We reserve the right to immediately suspend Your access to Our Platform if we suspect the information, You have provided is false or misleading or if You have breached these Customer Terms.
4. We reserve the right to cancel Your Job in accordance with clause 12.
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HOW YOU CAN MAKE CHANGES TO YOUR BOOKING
1. If You make a booking, regardless of the type of Job, for same day collection (i.e. the Job is to take place on the same day that You placed the booking), You will not be able to cancel the Job without payment of the full Price of the Job.
Where possible We will always try to accommodate any changes You require to Your booked Job, but this may mean:
(a)We have to book a new Job in addition to the original Job booking (which will involve Us providing You with a different quotation (price) from the previous);
(b)We need to reschedule Your Job.
(c) We charge You a Cancellation Fee.
(d)We increase/decrease Your existing Job’s Price.
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THE PRICE AND PAYMENT
1. The Price includes:
(a) fees for Your use of the Platform (the Customer Platform Fee);
(b) the fees to be paid to the Partner for carrying out the Job; and
(c) Extra Fees if applicable (examples of which are set out in Appendix 3 to these Terms).
2. The Price may change if You make any changes to the Job.
3. The Price will also include VAT where applicable.
4. You must make payment of the Deposit Price when you book the Job otherwise the Job will not go ahead, and Your booking will be void.
5. There may be Extra Fees payable for the Job which We are unable to specify to You in advance of the Job being completed by the Partner. Examples of this may include a parking charge or road toll that the Partner incurred but was not anticipated when the Job was accepted on the Platform. We will always endeavor to inform You of Extra Fees in advance, but this may not always be possible.
6. We reserve the right to increase the Price if the specification for the Job that You have booked changes, and the Partner is still able to complete the Job.
7. If the Price is not paid by You on completion of a Job to the Partner, then We may prevent You from using Our Platform until the Price has been paid and Yu will be referred to a Debt Collection Agency. If You cannot pay the Price for any reason, you should contact Us as soon as possible to discuss the issue with Us.
8. If You do not pay the Price or any other fees that We reasonably charge for Our services (including any Extra Fees) then We may commence collections proceedings, which may mean We ask a third-party debt collection agency to recover Our fees. Any recovery action against You may incur extra fees charged by Our collection agent.
9. If the Job is not completed, we will only charge You the Deposit Booking:
(a) if the Job was not completed due to an act or omission by You; and/or
(b) if You failed to comply with these Terms.
(c) if You failed to comply with the Partner’s Terms; and/or
(d)in accordance with clause 10 or 11.
10. Using the Itstime2move Platform:
(a) In some circumstances, we will take payment of the Price at the time at which you place the booking for the Job and complete the payment section of the booking on the Isttime2move Platform.
(b) In some circumstances when You complete the payment section of the booking on the Isttime2move Platform We take what is known as a pre-authorization payment against Your Payment Card:
(i) This will show up on Your statement as a ‘PENDING’ transaction that corresponds with the Price. No money will be transferred from You to Us at this stage.
(ii) If the scope or specification of Your Job changes and the Partner is still able to complete Your Job, we reserve the right to increase the level of pre-authorized funds that We take from Your Payment Card.
(iii) When the Partner has completed the Job We then charge the Price plus any Extra Fees that We were unable to include in the Price to Your Payment Card.
(c) The remaining payment should be paid to the Partner in Full by Cash, Debit or Credit Card or Bank transfer (BACS).
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WHEN YOU MAY CANCEL A JOB
1. Certain consumer laws provide consumers with the right to cancel contracts they enter either online or via the telephone within fourteen days of entering that contract. This is called the 14-day cooling off period.
2. You enter a contract with Us on these Customer Terms immediately upon booking a Job.
3. When You book Your Job, Istitme2move will begin providing services to You immediately by finding and Allocating a Partner to Your Job. This means that Itstime2move have undertaken work for You during the 14 day cooling off period. This means that You lose Your right to cancel this contract without charge immediately upon entering into the contract.
4. We manage the booking of the Job for You with the Partner. The Partner’s Services do not commence until the day of your Job booking.
5. You can cancel Your booking, but You might have to pay a Cancellation Fee.
Time Of Cancellation
Cancellation Fee Payable
From the time you book the Job to up to 48 hours before Your Job is due to begin
We will keep your deposit payment
Within 48 hours of the Job beginningr
100% of the Price will be charged to You
6. Any Cancellation Fee which is payable by You will be deducted from Your Payment Card and Your agreement to these Consumer Terms confirms Your agreement to the Cancellation Fees.
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WHEN WE AND/OR THE SHIFTER MAY CANCEL A JOB
1. We may cancel Your booking if Our Platform is unable to match Your Job to a prospective Partner before the Job is due to start. In these circumstances, we will:
(a) Inform You by email as soon as possible; and
(b) Refund the deposit price taken via card details and will appear on your bank account between 3-5 working days.
2. If no Partner can carry out Your Job the Platform may be unable to accept a booking for Your required Job. In this circumstance, no payment will be taken from You for the Deposit.
3. We may cancel Your Job if You make changes to the Job after the Job has been booked and We are unable to match Your Job to a Partner that can fulfil Your new requirements. In this circumstance You will be charged the Cancellation Fees in accordance with clause 9.
4. If You provide information that is not true and/or accurate the Partner may:
(a) not be able to find You;
(b) arrive at the wrong time; or
(c) not have the right sized vehicle or equipment to complete your Job.
5. A Partner has the right to refuse to complete a Job if:
(a)You ask the Partner to move Items that are not listed in the Job
(b) You ask the Partner to change the delivery location or make a delivery to multiple locations not specified in the Job;
(c) You ask the Partner to collect Items from a collection location that You have not been given access to e.g. there is a gate code or key and You have not been given it;
(d) You ask to require a Partner to park Your vehicle without paying for parking and You have not provided the Partner with a parking permit;
(e) You ask or require a Partner to park too far away from a collection or delivery location and the Partner cannot move Items safely;
(f) You are not ready at the collection location when the Partner arrives; or
(g) You make threats against the Partner including the threat to give a Negative CSAT Review or other negative feedback if the Partner refuses to provide a service not specified in the Job.
6. In each circumstance set out in clauses 12.4 We will charge You up to 100% of the Price and You will need to book a new Job.
7. There may be other instances when We will charge you the full Price if the Partner is justified in refusing to complete the Job due to something You have done or have not done.
8. If a Partner is charged a parking penalty to complete Your Job this will be charged to You in addition to the Price. Partners do not carry cash to pay for parking meters or similar.
9. If a Partner is not able to complete Your Job because You have not made the necessary arrangements at the delivery location then the Partner will return Your Items to the collection location and You will be charged 100% of the Price.
10. Appendix 4 to these Customer Terms sets out details of how to pack certain Items and what to do if You are unsure. You should read this in full before the day of the Job to avoid a Partner being unable to complete the Job and You being charged a Cancellation Fee.
11. If We become aware of any abusive or unreasonable behavior by You or anyone connected to You towards a Partner or Our staff, then We reserve the right to terminate Your Job with immediate effect, suspend Your access to Our Platform and charge You 100% of the Price.
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SHIFTER DELIVERY SERVICES
1. We are not involved in carrying out any collection or delivery service and do not provide any transport or delivery services.
2. Partners are not Our employees and We are not responsible for the Partner Delivery Services they provide, nor for any loss or damage they cause.
3. Once You have booked a Job and a Partner has been Allocated to Your booking, You will receive an email with Partner details and be able to contact Partner for special instructions.
4. Whilst the price of the Job is negotiated through the booking process on Our Platform, You and the Partner will be parties to a separate contract in relation to the Partner Delivery Service known as the Partner’s Terms.
5. We will not be a party to the Partner’s Terms.
6. The Partner Terms will be entered into between You and the Partner in accordance to clause 5 where You are using the Itstime2move Platform.
7. If You use Our Platform for multiple Jobs You may enter into several contracts with different Partners on the Partner Terms. The Partner Terms may be updated from time to time so You should ensure You are familiar with the latest version when You book Your Job which will be made available in Appendix 1.
8. Each Partner is solely responsible for carrying out Your Job. The Partner who carries out Your Job may also be providing similar services for other Itstime2move customers and cannot guarantee that they will take a particular route between the collection and delivery locations.
9. If Your Items are lost or damaged during transit You may contact Us after the Job has completed so that We may investigate in accordance with Our Dispute Resolution Policy available in Appendix 2.
10. We recommend that You take photos of the Items before transit so that any damage can be evidenced after the event.
11. We are not liable for the actions of a Partner, or any loss or damage caused to Your Items by a Partner, but We may assist with resolving any dispute between You and the Partner. Our assistance will in no circumstances constitute an acceptance of liability by Us for the actions of a Partner or any lost or damaged Items.
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COMPLAINTS
1. If a service provided by Us (note that We only provide You with the Platform) is not carried out with reasonable care and skill, You can ask Us to repeat the service or to fix it, or you may request a full or partial refund if We cannot fix it.
2. This is a summary of some of Your key rights. They are in addition to Your cancellation rights set out in clause 11 above. For more detailed information on Your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
3. If You believe that Our Platform is faulty or misdescribed, please contact Us as soon as reasonably possible.
4. If You have a complaint about Our Platform and/or the service that We provide, We will do Our best to help You resolve it.
5. You can contact Us by email at: contact@shift.online.
6. We will only agree to assist with a complaint or dispute between You and a Shifter made after Your Job is completed and in accordance with Our Dispute Resolution Policy.
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OTHER IMPORTANT TERMS
1. Our Platform is designed for use in the United Kingdom for personal or business customers, and access to Our Platform by You from any other jurisdiction other than the UK is entirely at Your own risk.
2. We take no responsibility for any third-party links which may appear on Our Platform or Our websites. Such links may appear for Your information only and We have no control over the content of such third-party sites.
3. Itstime2move is the owner and/or licensee of all intellectual property rights in the Shift Platform. You shall obtain no rights in respect of that intellectual property when You use Our Platform. You must not use any material contained on Our Platform for Your own commercial purposes.
4. If You telephone Us, We may record the call for training purposes and We may use any such recording in the event of dispute between You and Us or if We need to help resolve a dispute between You and the Partener in accordance with Our Dispute Resolution Policy.
5. Nothing in these Customer Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between You and Us.
6. You are not allowed to transfer Your rights or obligations under these 8. Customer Terms to anyone without Our prior written consent. We may transfer Our rights and obligations under these Customer Terms to another business without Your consent, but We will notify You of the transfer and make sure that Your rights are not adversely affected as a result.
7. If any provision of these Customer Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Customer Terms will not be affected.
8. If You breach these Customer Terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Customer Terms.
9. These Customer Terms represent the entire agreement between Us and You and replace any terms and conditions of purchase or supply that You have been provided with previously.
10. These Customer Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
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OUR LIABILITY TO YOU
1. We are only responsible to You for the Platform.
2. We collect fees from You (included in the Price) for the Partner but We are not responsible for:
(a)the actions of the Partner during the completion of Your Job,
(b)any delay in performing the Job, or
(c)any damage or loss of the Items.
3. Nothing in these Customer Terms shall limit or exclude Our liability to You for matters where it would be unlawful to do so. This includes death or personal injury caused by Our negligence or fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
4. We are not liable for business losses under these Customer Terms and these Customer Terms are only applicable where You are seeking a Partner for domestic and private transportation.
5. Although We are not responsible for the completion of Your Job by a Partner and/or any services provided to You by a Partner and or for a breach of contract by the Partner, as a gesture of goodwill We will always try to help. If something goes wrong with Your Job, then We will try to resolve the problem in line with Our Dispute Resolution Policy. You can contact Us via the Platform.
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WHICH COUNTRY’S LAWS APPLY?
These Customer Terms are governed by English law and the courts of England have exclusive jurisdiction over any disputes under these Customer Terms.
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YOUR FEEDBACK
1. For each Job You can rate Your Partner by leaving feedback using Our Platform or a link that We send You.
2. The best way to handle any dissatisfaction with Us or Our Platform is to contact Us in the first instance, prior to leaving negative feedback on Our website or any third-party website, as We will always attempt to resolve the matter with You directly and welcome the opportunity to put things right.
3. Feedback is important to Us and all the Partners who provide Partner Delivery Services. Feedback helps improve the service offered but only works if it is honest and given in good faith. If We determine that You asked a Partner to do something not listed in Your Job booking (e.g. move a few extra Items); or You threatened a Partner with negative feedback to get a service not listed in Your Job booking (e.g. to move something to a different drop off address) We will: (i) terminate Your Platform account; (ii) remove the feedback; and/or (iii) in the case of a third-party review website, request the feedback be removed from their service.
Appendix 1 – Partner Terms
PARTNER TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS (the “Partner Terms”) CAREFULLY BEFORE BOOKING OR ACCEPTING A JOB VIA THE ITSTIME2MOVE PLATFORM. THESE PARTNER TERMS AND CONDITIONS SHALL APPLY BETWEEN CUSTOMER AND PARTNERS (BUT NOT ITSTIME2MOVE).
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DEFINITIONS USED IN THESE SHIFTER TERMS AND CONDITIONS
Throughout these Shifter Terms and Conditions various defined terms are used. These defined terms are set out below for ease of reference:
Allocate / Allocated means that a Partner has been offered and has accepted a Job via the Platform(s) and Itstime2move has allocated that Job to that Partner
Customer means the individual who uses the Isttime2move Platform to book a Job
Customer Terms means the terms and conditions in place between Itstime2move and the Customer in relation to the Customer’s use of the Shift Platform
Job means the collection and delivery of items by the Partner that Customer books via the Itstime2move Platform
Price means the cost of the Job, as specified via the Platform
Isttime2move Platform means the platform available at https://itstime2move.co.uk
Partner means the driver who the Customer has booked via the Itstime2move Platform to complete the Job
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THE PARTIES AND THE CONTRACT
1. Customers can use the Platforms to book Jobs. If a Partner wants to accept a Job (which is at the Partner’s sole discretion), they will do so via the Platform.
2. The identity of the Partner who will perform the Job will be provided to the Customer via email prior to the start time for the Job and this contract will come into effect between the Customer and the Partner when the Partner is Allocated the Job via the Itstime2move Platform.
3. The contract between the Customer and the Partner will include the terms set out in these Partner’s Terms.
4. Customer can contact the Partner via email or phone call from information provide in the email
5. If the Partner has to contact the Customer, the Partner will do so by telephone or via email from the job brief.
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THE JOB
1. Subject to these Partners Terms and Conditions, the Partner will collect and deliver the Items as requested by the Customer via the Itstime2move Platform.
2. Once the Partner has started the Job, the Partner may reject any request by the Customer to amend the Job.
3. The Partner will provide the Partners Delivery Service to the Customer with reasonable skill and care and in accordance with the booking for the Job that has been made via the relevant Platform.
4. The Partner may also be carrying out similar services for other customers and so cannot guarantee that they will take a particular route between the collection and delivery locations specified for a Job.
5. If the Partner is not able to collect or deliver a Job’s items by the time set out on the Itstime2move Platform, the Partner will notify the Customer of the revised collection or delivery time as soon as possible.
6. Partners do not perform Jobs outside the United Kingdom.
7. The Customer must:
(a) be at the collection address set out in the Job request with the items ready to be loaded onto the Partner’s vehicle at least 15 minutes before the time the Partner is scheduled to arrive;
(b) arrange access for the Partner at the collection and delivery locations set out in the Job;
(c) arrange for all parking permissions at the collection and delivery locations set out in the Job, including paying any fees required for parking the Partner’s vehicle so the Job can be completed without the Partner being given a parking fine. The Partner may refuse to complete the Job if they are required to park at risk of receiving a parking fine or, in the Partner’s reasonable opinion, an unsafe distance away from the collection address;
(d) if it has booked a Partner to move goods to a municipal waste centre, confirm with that municipal waste facility (e)whether the Partner requires any permit to gain access and complete the Job. This may include informing the local authority of the size of the van being used and the nature of the items being disposed of. If any such permit is required the Customer must obtain it at its own expense;
(f) read and comply with “Good Moves” which is available at Appendix 4 of the Customer Terms; and
(g) behave and ensure that any other person connected with you behaves in a way that is not abusive or threatening towards the Partner;
(h) not seek to use a Partner to transport any illegal Item(s).
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COLLECTION
1. The Customer must package the Items in accordance with the Good Moves advice provided by Shift as set out in Appendix 4 of the Customer Terms. The packaging must also be sufficient to hold the Item’s weight. All Items must be able to withstand a short drop, unless clearly marked as fragile.
2. It is the Customer’s responsibility to ensure that all the details are correctly completed and displayed on the Item(s), which should match the details provided via the relevant Platform. It is not the Partner’s responsibility to check this information.
3. The Partner will assume that Item(s) have been correctly packaged and will exercise an appropriate level of skill and care based on this assumption. Any claim resulting from Item(s) which has not been packaged to a reasonable standard and in line with the above requirements may be declined.
4. Customers must ensure the correct Item(s) is given to the Partner and the Customer may be required to load the Item(s) into the Partner’s vehicle depending on the service which has been purchased by the Customer.
5. The Partner has the right to refuse to collect Item(s) in circumstances where it is reasonable to do so. This includes but is not limited to the Item(s) not being packaged, the packaging being insufficient, or the Item(s) not complying with the information provided by the Customer via the Itstime2move Platform. In such circumstances the Customer may be charged in full in accordance with the Customer Terms.
6. The Partner will be able to identify themselves to the Customer when they arrive to collect the Item(s) as they will have the details of the Job on their device. The Partner accepts no liability for loss of or damage to Item(s) as a result of Item(s) being given to anyone other than the Partner.
7. If the Partner is unable to collect the Item(s) within the Customer’s chosen timeslot by reason of the Customer’s act or omission, then the Customer may be charged in full in accordance with the Customer Terms. Any redelivery of the Item(s) will require a new Job, for which the Customer will be charged in full.
8. If the Partner does not collect the Item(s) within the Customer’s chosen timeslot, other than by reason of the Customer’s act or omission, the Customer must contact Itstime2move within 2 hours of the anticipated collection time. In the event that the Partner is unable to collect, the Customer will not be charged (or if already paid, receive a refund).
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DELIVERY
1. The Partner will endeavor to notify the Customer by email, text and/or phone call if there are any issues with delivery.
2. The Partner will call/ email/ text the Customer if the method of delivery is not possible when they arrive at the delivery location. After making reasonable attempts to deliver, the Partner shall return any unsuccessfully delivered Item(s) to the collection location. As this requires the Partner to travel twice the distance, no refund will be given.
3. The Partner shall ensure that the receiver signs for the Item(s) upon delivery, indicating whether the Item is undamaged, damaged or unchecked. This will be logged on by the Partner.
4. Where the Customer requests delivery where no person will be able to sign for the Item(s) (such as leaving the Item(s) at an unmanned address) and the Partner accepts this request, the Partner shall not be liable for any claims that the Partner was not delivered where the Partner has confirmed in real time that the Item was delivered.
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CUSTOMER CHANGES TO THE BOOKING
1. The Customer may make changes to the Job booking up to 23:59 hours on the day before the Job is scheduled to start by calling Itstime2move on 01424575464
2. Itstime2move will try to make the requested changes as set out in the Customer Terms and the Customer should refer to the Customer terms for the consequences of any change requests that the Customer may make.
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WHEN A CUSTOMER MAY CANCEL A JOB
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The Customer may cancel a Job in accordance with the Customer Terms, however the Cancellation Fees (as set out in the Customer Terms) may be payable.
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COMPLAINTS
1. The parties should comply with the Dispute Resolution Policy as set out at Appendix 2 to these Partners Terms.
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CHARGES AND PAYMENT
1. Payment for Jobs will be paid by the Customer to the Partner via cash, Bank Transfer (BACS) or Debit or Credit Card by Customer Terms and will be remitted to the Partner in accordance with the Driver Terms.
2. If the Customer is using the Itstime2move Platform no payment will be made directly by or on behalf of the Customer to the Partner nor shall any payment be accepted by or on behalf of the Partner from the Customer
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THE PARTNER’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY THE CUSTOMER
1. In the event of loss or damage to the Customer’s items, both the Customer and the Partner shall comply with clause 6.
2. The Partner shall be liable to the Customer for direct loss up to a maximum of the equivalent of the charges paid in relation to the relevant Job.
3. The Partner shall not be liable for losses that result directly or indirectly from or in connection with any of the following, regardless of any other contributory cause or event:
(a) war, invasion, act of foreign enemy, hostilities or a warlike operation or operations (whether war be declared or not), civil war, rebellion, revolution, riot, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power;
(b) terrorism, which is defined as any act or acts including but not limited to the use or threat of force or violence or harm or damage to life or property (or the threat of such harm or damage) including but not limited to harm or damage by nuclear, chemical, biological or radioactive means, caused or occasioned by any person or group of persons, or so claimed, in whole or in part for political, religious, ideological or similar purposes; or
(c) any action taken in controlling, preventing, suppressing or in any way relating to (a) or (b) above.
4. Nothing in these terms shall limit or exclude the Partner’s liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other loss which cannot be limited or excluded by law.
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WHICH COUNTRY’S LAWS APPLY?
1. These Terms are governed by English law and the courts of England have exclusive jurisdiction over any disputes under these Terms.
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OTHER IMPORTANT TERMS
1. The Platform is designed for use in the United Kingdom for personal or business customers, and access to our Platform by you from any other jurisdiction other than the UK is entirely at your own risk.
2. Nothing in these Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between the Customer, the Partner and/or Istime2move.
3. Neither the Customer or the Partner are allowed to transfer your rights or obligations under these terms to anyone.
4. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid, or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
5. If either party breaches these terms and the non-breaching party takes no action, the non-breaching party will still be entitled to use its rights and remedies in any other situation where there is a further breach of these terms.
6. These Partner Terms represent the entire agreement between the Customer and the Partner and replace any terms and conditions of purchase or supply that you have been provided with previously.
7. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
APPENDIX 2 – DISPUTE RESOLUTION POLICY
THIS DISPUTE RESOLUTION POLICY SHALL APPLY BETWEEN ITSTIME2MOVE, CUSTOMERS AND PARTNERS (ALL AS DEFINED IN THE CUSTOMER TERMS). THIS POLICY SETS OUT HOW ITSTIME2MOVE WILL HANDLE DISPUTES RAISED BY CUSTOMERS OR PARTNERS AND HOW CUSTOMERS AND PARTNERS ARE EXPECTED TO RESPOND TO SUCH DISPUTES.
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ITSTIME2MOVE OBLIGATIONS
1. In accordance with the Customer Terms and the Partner Terms, Istime2move is not liable to the Customer for any failure by the Partner to undertake the Partner Delivery Services as anticipated or at all.
2. Itstime2move provides assistance to the Customer and the Partner on a non-contractual basis in an effort to ensure that Customers are able to have any complaints heard in a fair manner. Itstime2move is however not obliged to engage in any dispute resolution process with a Customer who has been or is suspected of being abusive towards a Partner or any member of staff or agent acting on behalf of Itstime2move.
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CUSTOMER’S OBLIGATIONS
1. Once the Partner has departed following delivery of the Items, or in the event that the Partner does not deliver the Items or has not been able to find the Items in accordance with clause 4 below, the Customer shall submit all enquiries relating to loss or damage to Itstime2move and not to the Partner. Failure to comply with this requirement may cause a delay in the resolution of any dispute.
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DAMAGED ITEMS
1. In the event of damage to Item(s), if the Customer wants Itstime2move to attempt to resolve the issue using this Dispute Resolution Procedure the Customer must:
(a) Retain the Item(s) in the condition in which the Item(s) were received from the Partner;
(b) If possible, take pictures of the Item(s) in the condition in which they were received from the Partner;
(c) Inform Itstime2move via email on the relevant Platform within 24 hours of receipt of the Item(s) of the condition of the Item(s) on receipt from the Partner and include photographic evidence if it is available; and
(d) Inform Itstime2move of any circumstances which the Customer believes may have led to the damage to the Item(s).
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LOST ITEMS
1. In the event of non-delivery of Item(s), if the Customer wants Itstime2move to attempt to resolve the issue using this Dispute Resolution Procedure the Customer must:
(a)contact Isttime2move via email within twenty-four (24) hours of the expected delivery date as set out on the Platform (“Expected Delivery Date”), to notify itstime2move of the Partner’s failure to deliver;
(b) provide to Isttime2move proof that the Partner has collected the Item(s) from collection location; and
(c) permit Isttime2move a reasonable amount of time to engage with the Partner to search for and locate the lost item.
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INFORMATION TO BE PROVIDED
1. In addition to the information set out in clauses 3 and 4 above, both the Partner and the Customer shall provide all other information requested by Itstime2move to assist with its assessment of a dispute within 2 days of receipt of Isttime2move’s request.
2. If the information requested is not received within the above timescales, Isttime2move may refuse to mediate the dispute.
3. Itstime2move may also ask for an estimate of repair costs for damaged Item(s), or confirmation that Item(s) cannot be repaired, to be supplied by a specialist in the relevant type of repairs.
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WHAT WILL ITSTIME2MOVE DO?
Itstime2move will use reasonable efforts to investigate the complaint and find a solution that is fair to both the Customer and the Partner
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REMEDIES
1. Itstime2move shall retain all charges paid by the Customer to Istime2move in respect of the delivery of the relevant Item(s) throughout the period of any dispute process and until the period for contesting a decision, as set out below, has passed.
2. In the event that the dispute is not resolved via the Disputes Procedure, the Customer and the Partner shall make alternative arrangements for the resolution of the dispute.
3. If the Customer or the Partner wishes to contest any decision made via the Disputes Procedure, they must write to Isttime2move email within seven (7) days from the date of the decision.
4. Itstime2move does not accept any liability in respect of the Disputes Procedure, including any failure of the procedure to resolve the dispute.
Appendix 3 – Examples of Extra Fees
We have set out below examples of where Extra Fees may be added to the Price. Some of these fees will be added automatically to Your total bill and set out in the receipt We send You. Other fees must be paid by You on the day of (and in good time for) Your Job.
1. FEE
How do I pay
Congestion or Emission Zone charges and tolls
If We cannot include these in the Price and the Driver has to pay the same to complete Your Job, We will charge the cost to You after the Job has been completed.
Parking Fees
You need to pay these on the day of Your Job, at the collection and delivery location. If the Partner incurs any penalty for parking near the collection or delivery location, We will charge You the cost of the penalty charge.
Ferry Crossing
If We cannot include it in the Price and the Driver has to use a ferry service to complete Your Job, We will charge You the cost of the ferry to and from Your destination in addition to the Price.
Eurostar
If We cannot include it in the Price and the Driver has to use the Eurostar service to complete Your Job, We will charge You the cost of the train ticket to and from Your destination in addition to the Price.
Overseas travel
If Your Job includes moving from one country to another, We may add extra charges to the Price if We cannot include them when We initially provide the Price to You. These charges may include toll roads, bridges or similar charges imposed by local authorities in jurisdictions outside the UK.
Storage
If a Partner cannot complete Your Job because of something that is in Your control (e.g. not being at the delivery location, providing an incorrect delivery location or not giving a Partner an access code) the Partner may keep the Item(s) for as long as necessary to complete Your Job or return the Item(s) to the collection location. If this happens, We may charge You for the storage and/or return of, or extra time to deliver, the Item(s) and the cost of the Partner securing the Item(s) until delivery can be made.
Municipal Waste Fees
If Your Job includes delivery of Item(s) to a municipal waste or recycling facility, We may add the cost of any licence fee required if the Item(s) constitute commercial waste.
Debt collection costs
If, on completion of the Job, We are unable to debit Your Payment Card due to Your actions (e.g. freezing a debit/credit card) We will try to collect the Price and any Extra Fees. We may instruct a third-party to collect the debt owed to Us and We reserve the right to claim for Our costs of recovery using a third-party debt collection agent or through the courts.