Terms and Conditions

User Terms

Please carefully read all of the following terms and conditions of this user terms and conditions agreement document (“agreement”) before clicking an “agree” or “sign up” or similar button or installing or using the mobile application and/or the dispatch dashboard (“application”). This agreement is a legally binding contract between you and Goforit Systems (“Vendor”) that sets forth the terms and conditions that govern your use of all of the services and software. By clicking an “agree” or “activate” or “sign up” or similar button or by installing and/or using the application, you agree to abide by all of the terms and conditions stated or referenced herein.
If you do not agree to abide by these terms and conditions, do not click an “agree” or “activate” or “sign up” or similar button and do not install or use the application. Your use of use of the application, software or services constitutes your acceptance of terms and conditions of this agreement. You must accept and abide by these terms and conditions as presented to you – any changes, additions or deletions by you to these terms and conditions will not be accepted by the vendor and will not be part of this agreement.

 

License

  1. Under this End User License Agreement (the “Agreement”), GOFORIT SYSTEMS INC (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use GOFORIT APP (the “Application”).
  2. “Application” includes the executable cell phone / tablet programs and any related printed, electronic and online documentation and any other files that may accompany the product.
  3. Title, copyright, intellectual property rights and distribution rights of the Application remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Application. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Application.
  4. The Application may be loaded onto cell phone / tablet.
  5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Application for use by one or more third parties.
  6. The Application may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
  7. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

Limitation of Liability

  1. The Application is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Application. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Application.
  2. The Vendor makes no warranty expressed or implied regarding the fitness of the Application for a particular purpose or that the Application will be suitable or appropriate for the specific requirements of the Licensee.
  3. The Vendor does not warrant that use of the Application will be uninterrupted or error-free. The Licensee accepts that Application in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Users responsibilities and accepting terms

By agreeing and signing these terms and conditions Sender (origin), Receiver (destianation), Broker, Dealer, and Transporter acknowledge the following terms:

Sender (Origin or Broker or Dealer)

Sender authorizes the transporter and its driver to operate and transport the assigned motor vehicle(s) between its pick-up location and the destination set forth on this shipping order-bill of lading. Sender may change destination by contacting the transporter. Sender acknowledges that the transporter might apply additional charges for changing destination.

Sender is responsible for preparing the vehicle(s) for transport, all loose, fragile or protruding accessories, low hanging spoilers, fog lights, antennas, etc., must be removed and/or properly secured. Any part that falls off in transit is shipper’s responsibility, including damages done by said part to any and all vehicles involved.

Pick up is from the sender’s location unless residential area restrictions apply. In this case sender and transporter agree to the nearest pick up location where transporter’s truck can access. If the motor vehicle(s) is inoperable or oversize extra charges may be applied by the Transporter. Sender should provide the key of the motor vehicle(s) to the transporter and authorize transporter to drive the motor vehicle(s) for transportation purposes only.

Sender allows transporter to inspect the motor vehicle(s) and by signing the inspection form agrees the accuracy of the inspection.

Sender agrees that luggage and personal property must be confined to trunk, with no heavy articles, and not to exceed 100 lbs. Transporter is not liable for personal items left in vehicle, nor for damage caused to vehicle from excessive or improper loading of personal items. Transporter shall not be liable for failure of mechanical or operating parts of the motor vehicle(s).

Sender can ask the transporter to present the proof of insurance.

No electronic equipment, valuables, plants, live pets, alcohol, drugs or firearms, may be left in the motor vehicle(s).

The information about the car, results of the car inspections or any other entered or loaded by the User information can be shared partially or fully with the third parties without any notification or approvals from the Users, Receivers, or Senders.

This agreement and any car transport here under is subject to all terms and conditions of the Transporter’s tariff and the uniform straight bill of lading, copies of which are available and must be provided by the Transporter.

Transporter

The transporter is acting at the best interest of sender and receiver but cannot guarantee pick-up or delivery on a specified date or time. However the transporter should notify sender and receiver 24 hours before picking up/delivering the vehicle.

Transporter is solely responsible for the condition of the motor vehicle(s) while it is in his/her possession. Sender and Receiver should check vehicle at pick up and destination and if they do not agree the condition of the vehicle they should notify the transporter of such condition. Sender and Receiver should document such condition by taking pictures and marking the damage on the inspection form. Once inspection form is signed by sender and receiver they acknowledge the condition of the vehicle as shown on inspection form. After signature Sender and receiver agree to pay the transportation fee. All claims must be noted and signed for at time of delivery, and submitted in writing to the transporter within the terms of the transporter’s bill of lading

Receiver (Destination or Broker or Dealer)

The Receiver of the motor vehicle(s) may inspect the condition of the vehicle and submit claim if conditions of the vehicle is different from the condition signed by sender at pick up location. Damage must be noted in the proper place on the bill of lading, and signed by driver and receiver. Signing the bill of lading without any notation of damage verifies that receiver has received said vehicle in good condition, and that Transporter is relieved of any further responsibility.

The delivery of the motor vehicle(s) should be at the receiver’s location unless residential area restrictions apply. In this case receiver and transporter agree to the nearest delivery location where transporter’s truck can access. If the motor vehicle(s) is inoperable or oversize extra charges may be applied by the Transporter.

Receiver shall not delay payment once signature on delivery is made and receiver agrees the inspection and conditions of the motor vehicle.

This agreement and any car transport here under is subject to all terms and conditions of the Transporter’s tariff and the uniform straight bill of lading, copies of which are available and must be provided by the Transporter.

The information about the car, results of the car inspections or any other entered or loaded by the User information can be shared partially or fully with the third parties without any notification or approvals from the Users, Receivers, or Senders.

Any claim or controversy arising from or relating to this agreement, or the performance or breach thereof, shall be subject to the jurisdiction of state where Transporter’s entity is incorporated.

LIABILITY DISCLAIMER

THESE EXCLUSION ARE ALL STANDARD BUSINESS PRACTICES OF THE AUTO TRANSPORTATION INDUSTRY

  1. Damage to undercarriage, exhaust system, suspension, wheel bearings, tie downs, brakes, alignment, tuning, charging system or battery. (no evaluation is made of these components or systems at pickup location) therefore Transporter or its drivers do not accept responsibility for them.
  2. Damage not detected at pickup location due to poor weather or lighting conditions.
  3. Damage to car phones or antenna under any condition. (AAT suggests that they be removed)
  4. Loss of or damage to audio or video equipment not installed at the factory. Including antenna that does not retract to within 3 inches of the vehicles body.
  5. Damage or fines incurred because shipper left personal or household items in vehicle.
  6. Damage caused by fluids or objects flying up from the roadway, or out of the sky.
  7. Damage caused by vandalism during transport.
  8. Damage caused by leaking fluids, such as battery acid, motor oil, transmission fluid, brake fluid, power steering fluid, radiator coolant, or fallout resulting from acts of god.
  9. Damage to, or caused by any vehicle that cannot be driven on or off the transport under its own power. (vehicle will not run, or has lost its braking system)

Warrants and Representations

  1. The Vendor warrants and represents that it is the copyright holder of the Application. The Vendor warrants and represents that granting the license to use this Application is not in violation of any other agreement, copyright or applicable statute.

Acceptance

  1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) after installation the app or accepting terms in the application.
  2. User accept to use this application AS IS.
  3. GOFORIT SYSTEMS INC does not guarantee any application or servers stability.
  4. GOFORIT SYSTEMS INC does not guarantee authenticity of the information used in the application.

User Support

  1. The Licensee will be entitled to lifetime of e-mail support available 10:00 AM to 5:00 PM Eastern, at no additional cost.
  2. The Licensee will be entitled to maintenance upgrades and bug fixes, at no additional cost.
  3. The SLA conditions could be changed by GOFORIT SYSTEMS INC without any notifications in any time.

Term

  1. The term of this Agreement will begin on Acceptance and registration on GOFORIT APP and is perpetual.

Termination

  1. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Application or return the Application to the Vendor.

Force Majeure

  1. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Additional Clauses

  1. GOFORIT SYSTEMS INC the owner and operator of GOFORIT APP cannot be held responsible for the accuracy provided information in the app, location of the transporters dealers or of inspection of the motor vehicle(s). Any dispute regarding the motor vehicle(s) being transported by the transporter in no case should be addressed to GOFORIT SYSTEMS INC.
  2. User personal information, the information about users location, provided services, any personal information, information about orders and opportunities or the information about the car, results of the car inspections or any other entered or loaded by the User information can be shared partially or fully with the third parties without any notification or approvals from the Users according to the business and operational models of Goforit Systems.
  3. Goforit app uses the information that has confidential nature (contains personal data) entered by other users. By accepting this terms and conditions all users should treat the information in Goforit app as a confidential with high level of security, accordingly to their best knowledge. This information shall not be used for any law-breaking activities, which can harm people, private property or any other activities that may cause any physical or material damage for other companies or human individual.
  4. The information circulating in Goforit app can’t be sold by third parties (including but not limited to: Brokers, Dealers, Transporters, Car Buyers) to anyone else (outside of the use of Goforit App) without written approval from legal representative from Goforit Systems inc.

Governing Law

  1. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Delaware for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Delaware.

Payments inside the application. Deposit and withdraw.

  1. Due to internal operations and transaction processes with the third parties (like Apple In-App Purchase, PayPal, etc.) the time of money transaction could take up to 6 business days or more.
  2. Exchange curse for buying/selling Application Points, for different user types (Car Buyers, Transporters) could be different. The exchange difference covers transaction fees and service fees for third party companies (like Apple, PayPal, etc.).
  3. Car Buyers (type of users in the application) can’t withdraw money or exchange internal application’s points for real money. GOFORIT SYSTEMS Inc. is not responsible (and won’t provide) for any money returns or exchange internal application’s money to real money (like USD).
  4. There is a withdraw limitation for the Transporters (type of users in the application). Limits can be changed without notification of the users. The limit size could be different.
  5. The exchange rates (USD/Points – Points/USD) can be changed without notification.
  6. The amount of reward/compensation for Users could be changed by GOFORIT SYSTEMS Inc. without notification or any confirmation from the Users.

Miscellaneous

  1. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
  2. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
  3. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  4. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  5. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  6. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.

Notices

  1. All notices to the Vendor under this Agreement are to be provided at the following address:
    GOFORIT SYSTEMS INC: 16192 Coastal Highway Lewes, DE 19958 and the copy should be send to the email: na@goforitapp.com

Parties (Transporter, Car buyers, Broker, Dealer, Sender (Origin) and Receiver (Destination)) agree that GOFORIT cannot be held responsible for any damage of the motor vehicle(s) being transported, any payment dispute. GOFORIT is providing only a marketplace for the opportunities, transporter’s location and availabilities as well as the inspection tool (but the transporter is responsible for accuracy of such inspection and all information including pictures, videos, damage listings logged in GOFORIT app by Transporter). Any dispute between Sender (Origin), Transporter, Broker, Dealer, and Receiver (Destination) should not be addressed to GOFORIT in no case.

By agreeing and signing these terms and conditions Broker/Dealer/Transporter/Inspector/Car Buyer acknowledge additionally (to the terms above) the following terms:

  1. The transporter is acting at the best interest of sender and receiver.
  2. Transporter is solely responsible for the condition of the motor vehicle(s) while it is in his/her possession.
  3. The information entered by Transporter, or Broker, or Dealer, or Car buyer, or Inspector, or any other party in the GOFORIT app could be saved, maintained and used by GOFORIT sys. at any time, even after user deleted his account. In case the user wants his data to be deleted, he/she should contact Goforit Systems support department – aa@goforitapp.com and these data may be deleted by the request.
  4. The Broker and Dealers are acting at the best interest of Transporters and their clients.

USED TERMS

Sender (Origin) – An individual or a business, dealership, auction sending the motor vehicle(s)

Receiver (Destination) – An individual or a business, dealership, auction, other receiving the motor vehicle(s).

Transporter/Inspector – The auto Transporter or its driver, transporting the motor vehicle(s) between set pick up and destinations.

Car Buyer – the person or the company who purchase the information in the application

Broker – the person or the company who can create orders to deliver the vehicle(s). The same person/company can be Sender (Origin)/Receiver (Destination)

Dealer – the person or the company who can create orders to deliver the vehicle(s). The same person/company can be Sender (Origin)/Receiver (Destination)

GOFORIT – A phone application and website that provides car inspection services through its app.

 

Data Protection Law – means all laws and regulations applicable to the personal data under the Agreement, including as applicable the laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, including the EU General Data Protection Regulation (2016/679) (GDPR). “User Terms” shall mean the terms and conditions applicable to all users of the Goforit Systems, available at corporate website as may be updated by Goforit Systems from time to time.

Personal Data – means any information in connection with this Agreement that can reasonably be used to identify an individual, or that may otherwise be considered personal data.

 

Data Processing Addendum

This GDPR Data Processing Addendum (“DPA”) forms part of the User terms and conditions or Terms of Use available at Vendor’s website or such other location as the Terms of Use may be posted from time to time (as applicable, the “Agreement”), entered into by and between the Users and Goforit Systems (“Goforit Systems”), pursuant to which Users has accessed Goforit Systems’s Application Services as defined in the applicable Agreement. The purpose of this DPA is to reflect the parties’ agreement with regard to the processing of personal data in accordance with the requirements of Data Protection Legislation as defined below.

If the Users entity entering into this DPA has executed an order form or statement of work with Goforit Systems pursuant to the Agreement (an “Ordering Document”), but is not itself a party to the Agreement, this DPA is an addendum to that Ordering Document and applicable renewal Ordering Documents. If the Users entity entering into this DPA is neither a party to an Ordering Document nor the Agreement, this DPA is not valid and is not legally binding. Such entity should request that the Users entity that is a party to the Agreement executes this DPA.

This DPA shall not replace or supersede any agreement or addendum relating to processing of personal data negotiated by Users and referenced in the Agreement, and any such individually negotiated agreement or addendum shall apply instead of this DPA.

In the course of providing the Application Services to Users pursuant to the Agreement, Goforit Systems may process personal data on behalf of Users. Goforit Systems agrees to comply with the following provisions with respect to any personal data submitted by or for Users to the Application Services or collected and processed by or for Users through the Application Services. Any capitalized but undefined terms herein shall have the meaning set forth in the Agreement.

Data Processing Terms

In this DPA, “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation (Regulation (EU) 2016/279)), and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction.

“data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” shall be interpreted in accordance with applicable Data Protection Legislation;

The parties agree that Users and Goforit Systems are the data controller and that Goforit Systems is its data processor in relation to personal data that is processed in the course of providing the Application Services.

The subject-matter of the data processing covered by this DPA is the Application Services ordered by Users, or as additionally described in the Agreement or the DPA. The processing will be carried out until the term of Users’s ordering of the Application Services ceases and after this until User requested otherwise. Further details of the data processing are set out in Annex 1 hereto.

In respect of personal data processed in the course of providing the Application Services, Goforit Systems:

  1. shall process the personal data in accordance to the documented instructions (user manual, corporate website published instructions and documentation, Goforit App instruction, etc.) created by Goforit Systems or requested by Users (as set out in this DPA or the Agreement or as otherwise notified by Users to Goforit Systems (from time to time) If Goforit Systems is required to process the personal data for any other purpose provided by applicable law to which it is subject, Goforit Systems may have such rights. In case of Users disagreements User should inform Goforit Systems Support team about this;
  2. shall notify Users if, in Goforit Systems’s opinion, an instruction for the processing of personal data given by Users infringes applicable Data Protection Legislation;
  3. shall implement and maintain technical and organizational measures designed to protect the personal data against unauthorized or unlawful processing, destruction, damage, theft, alteration or disclosure;
  4. may hire other companies to provide limited services on its behalf, provided that Goforit Systems complies with the provisions of this Clause. If Users requires prior notification of any updates to the list of subprocessors, Users can request such notification in writing by emailing na@goforitapp.com. Legitimate objections must contain reasonable and documented grounds relating to a subcontractor’s non-compliance with applicable Data Protection Legislation. If, in Goforit Systems’s reasonable opinion, such objections are legitimate, the Users may, by providing written notice to Goforit Systems, terminate the Agreement.
  5. shall ensure that all Goforit Systems personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations sets out in this Clause;
  6. at the Users’s request and cost (and insofar as is possible), shall assist the Users by implementing appropriate and reasonable technical and organisational measures to assist with the Users’s obligation to respond to requests from data subjects under Data Protection Legislation (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the personal data) provided that Goforit Systems reserves the right to reimbursement from Users for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
  7. when the General Data Protection Regulation (Regulation (EU) 2016/279) comes into effect, shall take reasonable steps at the Users’s request and cost to assist Users in meeting Users’s obligations under Article 32 to 36 of that regulation taking into account the nature of the processing under this DPA, provided that Goforit Systems reserves the right to reimbursement from Users for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
  8. at the end of the applicable term of the Application Services, upon Users’s request, shall securely destroy or return such personal data to Users;
  9. may transfer personal data from the EEA to the US for the purposes of this DPA pursuant to the EU-US Privacy Shield;
  10. If Goforit Systems becomes aware of any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to the personal data that is processed by Goforit Systems in the course of providing the Application Services (an “Incident”) under the Agreement it shall notify Users and provide Users with a description of the Incident including its impact on Users Content. Goforit Systems shall additionally take action to investigate the Incident and reasonably prevent or mitigate the effects of the Incident;

Annex 1

Details of the Data Processing

Goforit Systems shall process information to provide the Application Services pursuant to the Agreement. Goforit Systems shall process information sent by Users identified through Users’s implementation of the Application Services. As an example, in a standard programmatic implementation, to utilize the Application Services, Users may allow the following information to be sent by default as “default properties:”

Types of Personal Data

  • Country
  • Device Type
  • Operating System
  • Goforit Systems Purchases SDK Version
  • GPS location
  • App User ID if set by Users
  • Name, phone number, address
  • Car inspection information with all related information to complete inspection form
  • Info about transporters, brokers, dealers location, parameters of their business capabilities, ratings
  • Infor about transportation opportunities and orders which might include personal information
  • Any attribution data attached to the User or by Users

Categories of Data Subjects

Users of the web and mobile applications.

Processing Activities

The provision of Application Services by Goforit Systems to Users.