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Terms of service

Introduction and our role

These Terms of Service, together with our Privacy Policy, set out the terms and conditions (‘App Terms’) on which we, Gone for Good Limited (‘we’ or ‘Gone for Good’), provide our services via our mobile application (‘the App’) through which you access our services (‘the Service’).

For the avoidance of doubt, please note that references to ‘App’ in these App Terms includes any current or future version of our Gone for Good mobile application through which you use the Service.

The Service is principally a means by which we help users of the App find charities local to them that will accept goods or items they wish to donate (‘Donated Goods’). In addition, we may put users in contact with other organisations that may be able to dispose of items which charities are unable or unwilling to accept.

Charities will usually collect large or high value items from donors. However, for small or low value items it may not be economic for charities to collect and they may ask donors to drop those items at a local branch or designated drop-off location instead.

Access and status

By accessing any part of the App you indicate that you accept these App Terms.  Please read these App Terms carefully. By offering donations of items via the App (whether now or in the future), you agree to be bound by these App Terms.

We reserve the right to change these App Terms from time-to-time, by changing them on this page. Use of your personal information submitted via the App is governed by our Privacy Policy.

By placing an offer to donate goods via the App (an ‘Offer’) you warrant that you either are the owner of the Donated Goods or have the express permission of the beneficial owner to make such an Offer on their behalf. You also warrant that you are at least 18 years-old and are legally capable of entering into binding agreements.

The terms “an Offer” and “Donated Goods” applies to items offered or included as part of a house or office clearance.

How we operate

Gone for Good acts as a marketplace that puts users in touch with charities in their neighbourhood that will accept and/or collect reusable or re-saleable goods or items which the users, such as you, wish to donate to a charity or good cause. The App and Service help to identify suitable local charities, gives the user the opportunity to select a charity, and then Gone for Good notifies the selected charity of the user’s Offer.

If the selected charity is unwilling or unable to accept your Offer, we will notify you. We usually then ask other charities if they would like to accept your Offer and notify you when one does. If no charities are prepared to accept your Offer, we will notify you. However, we may, at our total discretion, refuse to send on Offer to all or any charity.

Once an Offer is accepted by a charity, we will notify you but it is then the responsibility of the charity to make direct contact with you, the user, to arrange how and when the Donated Goods will be physically handed over or collected by the charity. Gone for Good has no involvement in any collection. Consequently, you should direct any enquiries after acceptance of your Offer to the charity concerned.

If no charity will accept your Offer, we may ask whether you would like us to put you in touch with commercial or other organisations that will help you dispose of your goods or items. Such organisations may make a charge for such a service and your contact for those services is with that organisation, not with Gone for Good. It is for you to agree any charges directly with them. Whilst we try to choose responsible partners, we have no legal responsibility for the quality of their service or their employees or agents.

However, Gone for Good is interested in the overall quality of the service users receive and so we monitor overall service levels. In that regard you may inform us of any incidents of poor service on hello@goneforgood.org.uk but we do not undertake to intercede on your behalf.

Reliance on information

Gone for Good is not an accounting, taxation or financial advisor, and you should not rely on information given on the App or the Service to determine the accounting, tax or financial consequences of making an Offer of a donation to charity. We recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

User conduct

You must at all times use the App and the Service in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In addition, you must not upload onto the App or Service any offensive, obscene, racist, defamatory, misleading or deceptive content, whether included in photographs or otherwise.

You must not make any Offer or Donation of items which you know or believe to be hazardous or in a dangerous state without expressly drawing attention to its state or condition in your Offer. Such obligation includes, but is not limited to, electrical items, goods with a risk of cutting or piercing the skin when handled, or any goods which contain substances which may be hazardous or dangerous to humans.

Gone for Good reserves the right to remove or reject any Offer if it has any concern that an Offer or any goods or items contained in an Offer do not comply with the obligations in these App Terms.

Gift Aid

It is your responsibility to ensure all details that you provide, relating to any application for Gift Aid in relation to your Donation, are accurate and up-to-date. It is your responsibility to understand and take independent legal or tax advice if necessary to understand your own personal tax situation.

Gone for Good or our charity partners may be required to contact you subsequent to a Donation from you to request that you reaffirm your entitlement to Gift Aid. This may also require you to reconfirm your Donation and by using this App and agreeing to these App terms you agree that you will reconfirm that Offer and Donation when asked to do so by Gone for Good or its partner charity (unless you did not qualify for Gift Aid at the time of Donation).

Privacy

We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these App Terms.

From time-to-time we may run competitions or promotions with partners. Terms and condition of any such competitions or promotions are incorporated into these App Terms by this reference.

Personal information

Gone for Good will capture personal information including but not limited to your name, title, address and email address (‘Personal Information’) at all times in accordance with the Data Protection Act 1998 and related legislation, regulatory requirements and guidance as updated and amended from time to time (‘Privacy Laws’) and protect and secure such information.

In order to provide the Service, we will need to share your Personal Information with charities and other third parties with whom we partner. Your use of the App is express consent to such sharing. Once your information is shared with any of our partners, their use by them of such information shall be in accordance with their own Privacy Policies and we accept no responsibility for any misuse or further sharing of that Personal Information by them.

The transmission of any information via the internet or via mobile communications generally is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your Personal Information transmitted to the App or via the internet to our partners. Any transmission is therefore at your own risk.

The App and its associated Services require us to put you in touch with partner charities and organisations. This may include a link to their website or their mobile applications. Inclusion of a link to another website or application via the App or Service does not imply endorsement of its content or opinions. Your relationship and any transactions with other organisations through their websites, applications or otherwise are your own responsibility

Charity and partner services

Gone for Good has partnered with several charities to accept Offers via the App and also other organisations that may be able to accept or dispose of items and goods which the charities are unable to accept. Whilst we will do our best to select partner charities and organisations of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

In particular, we are not responsible for any failure by a charity or partner to collect items or goods from you at any time agreed with by them with you nor for any damage or injury caused during any such collection.

Trademarks

The names Gone for Good, Gone for Good App, goneforgood.org.uk and the various Gone for Good logos and devices and any other product and service names or devices that we may present on the App and as part of the Service from time to time may not be used in connection with any product or service that is not Gone for Good’s, nor in any manner that is likely to cause confusion, or in any way that may discredit or damage the reputation of Gone for Good.

Other trademarks, service marks or logos that appear within the App or as part of the Service including (but not limited to) those of partner charities, or other partner organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Gone for Good and the trade mark owner

Copyrights

All content on the App and the Service is owned by Gone for Good and is propriety to us and is protected by the applicable intellectual property rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the App or the Service’s content is permitted without the express prior permission of Gone for Good.

Disclaimer

While we try to ensure that information on the App is correct, we do not promise it is accurate or complete. We may make changes to the material on the App, or to the Service,  and prices described on it by partners, at any time without notice.  We rely on third parties to update their details within the Service. Some material on the App may be out of date, and we accept no liability for any failure to update that material.

Gone for Good provides you with access to the App and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App or Service, or be otherwise implied or incorporated into these App Terms, by statute, common law or otherwise).

Limitation of liability

We will under no circumstances whatever be liable to you for loss or costs, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the App (including the use, inability to use or the results of use of the Service or the App.)

You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App, including without limitation costs relating to the disposal, collection or removal of any Donated Goods.

Notwithstanding the provisions of this section of these App Terms, Gone for Good’s total liability to you arising under or in connection with these Terms of Service, so far as such liability arises out the making of an Offer by you, shall be limited to the total fees received by us for such Offer.

Nothing in these App Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these App Terms affects your statutory rights

Governing law

These App Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these App Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.

Termination

Gone for Good reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the App or Service where you breach these Terms and Conditions including where there is any actual or suspected fraudulent, criminal or improper use of the App or Service.

Legals

Gone for Good is a social enterprise and a limited company registered in England and Wales with company registration number 9496296. Our registered office is at 3rd Floor, 24–26 Lever Street, Manchester, M1 1DW.

If any of these App Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

These App Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

Any failure or delay by you or us in enforcing (in whole or in part) any provision of these App Terms will not be interpreted as a waiver of your or our rights or remedies.

You may not transfer any of your rights or obligations under these App Terms without our prior written consent. We may transfer any of our rights or obligations under these App Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

The headings in these App Terms are included for convenience only and shall not affect their interpretation.