Partner's Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS (the “Driver Terms”) CAREFULLY BEFORE USING THE ITSTIME2MOVE PLATFORM. THESE DRIVER TERMS SHALL APPLY BETWEEN A DRIVER AND ITSTIME2MOVE (BUT NOT CUSTOMERS).

DEFINITIONS USED IN THESE DRIVER 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 You have been offered and have accepted a Job via the Platform(s) and We have allocated that Job to You

Business User

means a user of the Platform that is acting in a business capacity

Customer

means a customer of Istime2move who uses the Platform to book a Job which the Partner can decide to accept via the Platform

Customer Platform Fee

means the fee paid by the Customer to Isttime2move for their use of the Platform which is collected by Itstime2move as part of the Price

Data Protection Laws

means the UK GDPR (as defined by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (2019/419)), the Data Protection Act 2018, and any other applicable data protection laws

Driver Account

means an online account set up by a Partner on the Platform(s) which allows the to receive Job bookings

Driver Fee

means the fee that a Partner is paid for completing a Job in accordance with these Driver Terms and the Partner Terms

Items

means the items that are to be collected and delivered by a Partner

Job

means the collection and delivery of items that a Customer books via the Platform

Losses

means any losses, costs, fees or expenses incurred by Itstime2move due to a Partner’s non-compliance with these Driver Terms, specifically losses set out at clause 16, and/or losses, costs fees or expenses incurred by Itstime2move due to a Partner’s non-compliance with the Partner Terms

Negative CSAT Review

means a review of two stars or less from a Customer that You have completed a Job for

Payment Card

means the credit or debit card that a Customer uses to make payment for the Job or the PayPal account that the Customer uses to make payment for the Job

Price

means the cost of the Job, as specified via the relevant Platform

Rate Card

means a schedule of fees provided by the Partner to Itstime2move in accordance with these Driver Terms

Itstime2move Platform

means the platform available at https://itstime2move.co.uk

Itstime2move Service

means the Platform(s) provided by Itstime2move

Partner / You / Your

means you, the driver who the Customer has booked via the Platform to complete the Job

Partner Delivery Service

means the service provided by the Partner to a Customer which includes completion of a Job

Partner Terms

means the contract that is put in place between a Customer and the Partner in relation to the Partner Delivery Service [Appendix 3]

WHO ARE WE AND WHAT DO WE DO?

1. We are Itstime2move as defined in clause 1 above.

2. We provide Itstime2move Platform which is for Customers to book collection and delivery of Items using a Partner.

THE ITSTIME2MOVE PLATFORM

1. The Itstime2move Platform allows Customers to book Jobs at the Price specified by the Itstime2move Platform.

2. The Itstime2move Platform will post jobs made by the Customer and any Partner registered on Itstime2move Platform can Accept jobs

3. When You (a Partner) accept a Job via the Platform You are deemed to have accepted the terms covering the relationship between You and the Customer called the Partner Terms which are available in Appendix 3.

4. We will offer to connect You with Customers in order that You can complete Jobs based on the information We hold about You in accordance with these Driver Terms. You can access the Driver Terms using Our Platform.

YOU AND ITSTIME2MOVE: OUR AGREEMENT

1. This agreement is between Us and the Partner who has opened a Driver Account.

2. You need to sign up via Itstime2move Platform. By signing up Our Platform and creating a Driver’s Account with Us, You agree:

(a) You are at least 21 years old.

(b) to provide Us with any information we reasonably request.

(c) to submit to any background, credit or other vetting check by Us or by a third party engaged by Us before We connect You with any Customer in respect of any Job;

(d) to provide accurate information when opening Your Driver’s Account and to maintain this information so that it is accurate and up to date at all times and

3. It is Your responsibility to make sure You can access Your Driver’s Account at all times .

4. You warrant and represent that:

(a) You will equip Your vehicle(s) with equipment appropriate to complete a Job including the minimum requirements set out within these Driver Terms and any eLearning modules.

(b) You will read and comply with the Driver Terms and follow the instructions set out in the Driver Terms and any eLearning modules when completing any Job.

(c) by accepting a Job, You agree to complete that Job for the Customer to a professional standard and to the satisfaction of the Customer without damaging Items listed in the Job.

5. Istime2move is not a transport provider. Our services are limited to providing a technology platform for the purpose of identifying and introducing You to a Customer in connection with a Job, monitoring and managing Job bookings, taking payment from the Customer and passing on to You the relevant fees in accordance with the Rate Card that You have provided and which has been accepted by Us.

6. We do not guarantee to connect You with any minimum number of Customers through either Platform and any Job you agree to complete is entirely at Your own risk.

7. We cannot guarantee that the Istime2move Platform will run error free or without interruption. From time to time, We will undertake planned and reactive maintenance to the Platforms which may limit Your ability to access it.

8. When a Customer books a Partner through Our Platform(s) the contract for the provision of the Partner’s Delivery Service is between the Customer and the Partner and We are not a party to that contract. The contractual relationship between the Customer and the Partner is governed by the Partner’s Terms.

9. When You are completing a Job via the Istime2move Platform the contractual relationship between You and the Customer will come into effect when You are Allocated the Job in the Istime2move Platform.

10. All Fees received from work carried out via the Istime2move platform are inclusive of VAT

11. We act for You for the purpose of connecting You with Customers and collecting payment only. You acknowledge that You are not employed by Us and that We do not in any way provide transport, logistics or delivery services.

12. We do not guarantee any minimum number of Jobs or Driver Fee and You are under no obligation to accept a Job.

13. You agree that nothing in these Driver’s Terms is intended to create an employment relationship between any of the parties.

14. Our Platform is for use in the United Kingdom for personal or business customers and it is governed by English law. Access to Our Platform by You from any other jurisdiction other than the United Kingdom is entirely at Your own risk.

15. Our liability to You under this agreement is limited to the Price of the Job to which any claim relates.

16. You shall not agree any terms directly with the Customer that conflict with, negate or contradict any of these Driver Terms, or the Customer Terms on Our Platform (in both cases as updated from time to time by Us).

HOW DO THESE TERMS GET UPDATED?

1. These Driver Terms may be updated from time to time, and We will send You an email or push notification telling You the Driver Terms are changing.

2. If You do not close Your Driver’s Account within 7 days and/or You continue to use the Platform to accept Jobs after We send the notice outlining the change to these Driver Terms, then You will be deemed to have accepted the updated Driver Terms.

3. We will not update the Driver Terms to change the amount You will get paid for a Job that You have agreed to complete unless We are required to do so by law or regulation.

INSURANCE AND OTHER REQUIREMENTS

1. You represent and warrant to Us on an ongoing basis and each time You accept a Job and until that Job is complete that You:

(a) have all relevant insurance required to enable You to undertake Jobs. This includes but may not be limited to motor insurance covering business use and public liability insurance;

(b) have a full driving licence permitting You to drive the vehicle used on that Job;

(c) are compliant with all rules and legislation applicable to You under these Driver Terms including those dealing with data protection and employment law.

2. You further undertake to provide evidence of all such insurance and licences required in compliance with clause 7.1 upon demand by Istime2move.

3. You undertake to inform Itstime2move immediately upon any change in Your circumstances in relation to the representations at clause 7.1 which means that the representations made are no longer true and/or accurate.

4. Any breach of this clause by You will be deemed to be a material breach of these Driver Terms and Istime2move shall be entitled to close Your Driver Account and prevent You from registering with Istime2move to undertake Jobs in the future.

YOUR RESPONSIBILITIES TO US AND CUSTOMERS

1. You agree to:

(a) keep the information in Your Driver Account up to date.

(b) not do anything that would result in Us booking a Job for You that You know at the time You accepted You could not complete;

(c) never accept a Job that You know You will not be available to complete or that completion of that Job would breach these Driver Terms or the Partner’s Terms;

(d) never accept a Job if You know at the time You accept the Job that You do not have the skills, equipment, insurance, licences, permissions, or availability to complete the Job;

(e) never knowingly permit someone to impersonate You on Our Platform or have access to Your Driver Account without Our permission;

(f) complete and comply with all information and any rules contained in all eLearning; and

(g) indemnify Us, and keep Us indemnified, in full and on demand in respect of any and all claims, proceedings, losses, liabilities, costs, expenses or damages suffered or incurred by Us arising out of or in connection with Your performance or non-performance of a Job.

2. If You fail to comply with Your responsibilities set out at clause 7.1, this will be deemed to be a material breach of these Driver Terms by You and We will, in Our absolute discretion, have the ability to either:

(a) suspend Your Driver Account until You have remedied the breach (if it is possible for the breach to be remedied); or

(b) terminate Your access to Your Driver Account and these Driver Terms and prevent You from undertaking Jobs for Istime2move in the future.

ITSTIME2MOVE PLATFORM SPECIFIC TERMS

1. Itstime2move obligations to You:

(a) We will provide the Itstime2move Platform.

(b) If You are operating via the Itstime2move Platform We will notify you wither by text or email or both when a new job is booked on the Platfom. Note that:

(i) Jobs are offered to a number of Partners and Your confirmation of availability to complete a Job means that the job should be completed by You.

(ii) Jobs are available to all the Partners of Itstime2move and it is working on FAST FINGER system, means first to accept a job will win that job and needs to be completed by the assigned Partner.

(iii) Itstime2move has no obligation whatsoever to assign any Job to You at any time and there is no guarantee of the number of Jobs You will be Allocated.

2. How you get paid when operating on the Itstime2move Platform:

(a) For each Job which We introduce to You via the Itstime2move Platform, We will show You via the Itstime2move Platform the Driver Fee that will be paid to You if You complete the Job in accordance with these Driver Terms and the Partner’s Terms.

(b) We collect Customer Platform Fee and the amount shown to you before accepting the Job will be paid straight at the completion of the Job by the Customer by cash, Bank Transfer or sometimes by Credit or Debit Card if You as Partner have the meaning to accept such payment.

(c) If a Customer amends the specifications of a Job that You have accepted (for example by changing the collection or delivery locations, adding or subtracting Items, changing the nature of the Items etc) then We will update Your Driver Fee accordingly. If You are no longer able to complete this Job You may ‘un-assign’ contact us to Cancel the job and We will assign another Partner and You will not be paid for the job.

(d) We reserve the right to set off any amounts You owe to Us for any reason whatsoever against the Driver Fee.

IF YOU CANNOT COMPLETE A JOB

1. If You are unable to complete a Job because You were not able to deliver the Item(s) for any reason that is not in Your control You may:

(a) keep the Item(s) for as long as necessary to complete the Job; or

(b) return the Item(s) to the collection address.

2. If this happens, You may charge additional fees to the Customer for the storage, return or extra time to deliver and this will be reflected in Your Driver’s Fee.

WHEN YOU CAN REFUSE TO COMPLETE A JOB

1. Sometimes Customers ask Our Drivers to do something that is against the rules. If this happens You can say no and not complete a Job.

2. If the Customer does any of the following You can refuse to complete the Job and You will still be paid for the Job:

(a) Asks You to move Items that are not listed in the Job;

(b) Asks You to change the delivery location or make a delivery to multiple locations not specified in the Job;

(c) Asks You 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) Asks You to park Your vehicle without paying for parking and the Customer has not provided You with a parking permit;

(e) Asks You to park too far away from a collection or delivery location and You cannot move Items safely; or

(f) Makes threats against You including the threat to give a Negative CSAT Review or other negative feedback if You do not provide a service not specified in the Job.

HOW DRIVERS SHOULD BEHAVE

1. You will always conduct Yourself in a polite and professional manner when completing a Job. Some Customers might try and convince You to do them favours for good feedback or, offer You cash payments but You must always refuse and promptly after let Us know if this happens.

2. To ensure certain standards Partner’s may be vetted by a third-party service before they are on-boarded to Our Platforms.

3. We do not accept liability to Customers for a Partner’s appearance, smoking, driving ability, manner of driving, proficiency of English or use of inappropriate language.

4. Negative feedback (including a Negative CSAT Review) may result in Jobs not being Allocated to You and We recommend all Partner’s conduct themselves in a professional manner when completing a Job.

MINIMUM DRIVER SAFETY STANDARDS

1. When You are completing Jobs for Itstime2move You must comply with the following minimum driver safety standards (the “Minimum Standards”):

(a) Wear an item of high visibility clothing, for Your own safety;

(b) Ensure that the vehicle(s) that You use are roadworthy and have a current MOT and appropriate insurance cover;

(d) Not do or omit to do anything that may cause harm to Yourself or any third party including Customers of Itstime2move;

(e) Comply with all key requirements and/or minimum standards alerted to You via the Itstime2move Platform for the specific Job that You are completing.

FEEDBACK ON SHIFTERS

1. For each Job, a Customer can rate their Partner by leaving feedback using Our Platform or a link that We send to the Customer. Feedback is important to Us and all the Partners who use Our Platform. Feedback helps improve the service offered but only works if it is honest and given in good faith.

2. We use feedback on a Partner to decide if We should Allocate a Job to a Partner. If Your feedback scores are low this will result in fewer Job Allocations being made to You on the Platform. If You consistently receive Negative CSAT Reviews then We may terminate Our relationship with You.

3. If a Customer threatens to leave a Negative CSAT Review if You refuse to undertake work that is not what was scoped in the Job then You must tell Us.

4. You have the ability to challenge Negative CSAT Reviews if You believe that a Customer has left negative feedback (including a Negative CSAT Review) which was unjustified.

LOSSES INCURRED BY ITSTIME2MOVE

1. There are circumstances in which Your actions and/or inactions may cause Loss to ITSTIME2MOVE. You will be liable to Itstime2move for such Loss and You authorise Itstime2move to recover such Loss by way of set-off from any Driver Fee which is payable to You in accordance with these Driver Terms.

2. Circumstances in which You may be liable to Itstime2move for such Loss includes but is not limited to:

(a )If You are Allocated a Job and then are unable to commence that Job due to reasons that We reasonably believe are within Your control;

(b) If You arrive late for a Job or too early for a Job and even though the Job goes ahead, the Customer provides negative feedback or complains to Us about Your timekeeping;

(c) If You arrive late for a Job or too early for a Job and the Customer is then unable to use the Partner Delivery Service;

(d) If You do not complete a Job within the relevant delivery timescale;

(e) If You receive a Negative CSAT Review;

(f ) If You are Allocated a Job and do not attend the Job or cancel the Job within 6 hours of the collection time regardless of whether or not You inform Us of the fact that You cannot complete the Job;

(g) If You are Allocated a Job but then do not complete that Job, this may be because You have brought the wrong equipment to the Job or fail to comply with the instructions provided to You for collection or delivery of the Item(s);

(h) If a Customer complains about a Job that You have completed (or not completed but should have done) We may incur costs in investigating that complaint or defending Our position in Court if the Customer brings legal proceedings which Istime2move is required to participate in;

(i) If You cause damage to, destroy or lose Item(s) that form part of the Job or You damage or destroy a Customer’s property when undertaking a Job;

(j) If You do not comply with the Minimum Standards set out at clause 12 of these Driver Terms.

3. The Losses that We are reasonably able to anticipate are set out in invoice and email We send You. There may be circumstances in which We are not able to properly quantify the Loss in advance, but this shall not prevent Us from recovering that Loss from You.

4. If You cannot attend or complete a Job for reasons outside of Your control, then We may, Our absolute discretion, waive any Loss that We are entitled to recover from You under these Driver Terms, but We reserve the right to ask for evidence to support Your position.

IF YOU HAVE A COMPLAINT

1. If You have a complaint, We will do Our best to help You resolve it.

2. You can contact Us via Platform

3. We will only agree to assist with a complaint or dispute between You and a Customer made after a Job is completed and in accordance with Our Dispute Resolution Policy.

DATA PROTECTION

1. We collect and process all information in accordance with Our Privacy Notice. You can find a copy by clicking here Privacy Policy

2. You represent to Us that You have all necessary policies and procedures in place to comply with the Data Protection Laws for any Personal Data that You receive from Us when You use the Platform(s).

3. All capitalised terms used in this clause shall be as defined in the Data Protection Laws where appropriate.

4. The parties acknowledge that the factual arrangements between them dictate the role of each party in respect of the Data Protection Laws. Notwithstanding this, the parties anticipate that each party shall act as a Controller in respect of the Processing of Personal Data.

5. Notwithstanding the provisions of clause 16.416.4 above, to the extent that Istime2move is, at any stage in the performance of this agreement, a Processor in respect of Personal Data (and the Partner being a Controller), Istime2move shall be subject to the Processor obligations set out in clause 16.716.7 in respect of such Processing.

6. Where a party acts as Controller, it shall:

(a) hold a valid registration with the Information Commissioner’s Office (ICO) as a Controller and comply at all times with the Data Protection Laws;

(b) use commercial endeavours to assist the other party in complying with the obligations imposed on it by the Data Protection Laws; and

(c) promptly, and in any event within 48 hours, notify the other party about any actual, suspected or threatened Personal Data Breach involving Personal Data that has been shared in relation to this agreement.

7. To the extent that Itstime2move Processes any Personal Data as a Processor for and on behalf of the Partner acting as Controller arising out of any rights or obligations pursuant to, or in connection with, the performance of these Driver Terms, the subject matter, nature and purpose of Processing, the type of Personal Data and the categories of Data Subjects shall be as set out in Appendix 1 and Istime2move shall:

(a) Process such Personal Data only for the purposes of performing its obligations under this agreement and in accordance with the documented instructions of the Partner;

(b) implement and maintain appropriate technical and organisational security measures which are sufficient to comply with the obligations imposed on the parties by the security requirements of the Data Protection Laws;

(c) take all reasonable steps to ensure the reliability and integrity of any persons authorised to Process such Personal Data, and ensure that any person shall be subject to confidentiality obligations or under an appropriate statutory obligation of confidentiality;

(d) provide reasonable information, assistance and co-operation to the Partner (including contributing to audits and inspections on reasonable request) to demonstrate compliance with the terms of this clause or generally in respect of the Data Protection Laws;

(e) not to disclose such Personal Data to a third party without the Partner’s prior consent and not appoint any other Processor or Sub-Processer of such Personal Data without the Partner’s prior written consent. Where Itstime2move appoints another Processor or Sub-Processor then it shall comply with the requirements of the Data Protection Laws, specifically article 28(4) of the UK GDPR and shall at all times remain liable for the acts or omissions of any such other Processor or Sub-Processor;

(f) notify the Partner promptly upon becoming aware of any actual, suspected, or threatened Personal Data Breach affecting such Personal Data, and: (i) implement any measures reasonably necessary to restore the security of compromised such Personal Data; and (ii) assist the Partner upon reasonable request to make any notifications to the ICO and affected Data Subjects;

(g)except to the extent required by any applicable laws and regulations, upon the earlier of: (i) termination or expiry of this agreement (as applicable); and (ii) the date on which such Personal Data is no longer required to be Processed for the performance of obligations under this agreement, cease Processing all such Personal Data and, at the choice of the Partner, return or permanently destroy it;

(h)comply with the obligations imposed upon a Processor under the Data Protection Laws; and

(i)use all reasonable endeavours, in accordance with good practice, to assist the Partner to comply with the obligations imposed on a Controller by the Data Protection Laws.

INDEPENDENT CONTRACTOR

1. You confirm You are self-employed or in the case of a business organisation are entirely independent of Us, and You are responsible for Your own vehicle, insurance costs and all other equipment required to perform any of the Jobs that You undertake.

2. You acknowledge that We do not provide any equipment or similar other than access to Our Platform and that We are not obliged to provide any other service other than set out in these Driver Terms.

3. In the event that any third party should seek to establish any liability or obligation upon Us, including on the grounds that You or any Driver is an employee of Ours then You agree that You shall indemnify Us and keep Us indemnified in respect of any such liability or obligation and any related proper and reasonable costs, expenses or other Losses We shall incur as a direct result of such liability or obligation.

4. As an independent contractor it is entirely Your decision as to how to complete Your Jobs and what route to take.

CONFIDENTIALITY

1. You agree to treat all information that is not already in the public domain and that You are provided with under these Driver Terms as confidential and not to disclose such information to anyone other than as may be required for You to perform Your obligations under these Driver Terms or if requested by a government department or authority, or where necessary for You to complete a Job.

2. Your obligations under this clause 18 shall survive termination of Our agreement.

HOW DO WE TERMINATE OUR AGREEMENT?

1. We may terminate these Driver Terms and Your use of the Platform(s):

(a) for any reason by giving You 7 days’ written notice; or

(b) immediately if We suspect You have breached these Driver Terms or the Partner’s Terms.

2. You can terminate these Driver Terms by notify Us that You want to terminate your account with Us.

OUR LIABILITY TO YOU

1. We are not responsible for:

(a) the actions of the Partner during the completion of any Job,

(b) any delay in performing the Job; or

2. Nothing in these Driver’s 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.

3. We shall not be liable under any circumstances to You for:

(a) consequential, indirect or special losses;

(b) loss of profits, income or revenue;

(d) loss of business or business benefits;

(e) loss of contracts;

(f) loss of opportunity or expectations;

(g) loss of goodwill and/or reputation;

(h) loss of marketing and/or public relations time and/or opportunities;

(i)loss of data; or

(j) loss of management or office time.

4. Our liability to You shall be limited to the fees that you are paid for the Job to which the dispute relates.

5. Although We are not responsible for the completion of your Job by a Partner and/or any services that You provide to a Customer, and/or for a breach of contract by You, as a gesture of goodwill We will always try to help. If something goes wrong with a Job, then We will try to resolve the problem in line with Our Dispute Resolution Policy.

You can contact Us via the “Contact Support” service available within the Platform about any problem You would like to discuss with Us.

WHEN WE ARE NOT RESPONSIBLE FOR THINGS GOING WRONG

1. We will do everything We reasonably can to perform Our obligations under these Driver Terms but there may be times when We cannot perform Our obligations because:

(a) laws, regulations or a government authority stops Us; or

(b) circumstances out of Our control that We cannot remedy.

WHICH COUNTRY’S LAWS APPLY?

1. These Driver Terms are governed by English law and the courts of England and Wales have exclusive jurisdiction over any disputes under this agreement.

2. If We fail to enforce a right under these Driver Terms that failure will not prevent Us from enforcing other rights, or the same type of right on a later occasion.

3. These Driver Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

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. Nothing in these Driver Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between You and Us.

3. You are not allowed to transfer Your rights or obligations under these Driver Terms to anyone without Our prior written consent. We may transfer Our rights and obligations under these Driver 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.

4. If any provision of these Driver Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Driver Terms will not be affected.

5. If You breach these Driver 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 Driver Terms.

6. These Driver Terms represent the entire agreement between Us and You and replace any terms and conditions that You have been provided with previously.

APPENDIX 2 –ITSTIME2MOVE DISPUTE RESOLUTION POLICY

THIS DISPUTE RESOLUTION POLICY SHALL APPLY BETWEEN ITSTIME2MOVE, CUSTOMERS AND PARTNER’S (ALL AS DEFINED IN THE CUSTOMER TERMS). THIS POLICY SETS OUT HOW ITSTIM2MOVE WILL HANDLE DISPUTES RAISED BY CUSTOMERS OR PARTNERS AND HOW CUSTOMERS AND PARTNERS ARE EXPECTED TO RESPOND TO SUCH DISPUTES.

ITSTIME2MOVE’S OBLIGATIONS

1. Itstime2move provides a procedure for resolving disputes between Customers and Partners and will use its reasonable endeavours to mediate any dispute between the Customer and the Partner where such dispute is submitted to Itstime2move via the Disputes Procedure, and all parties comply with the terms set out in this Dispute Resolution Procedure.

2. In accordance with the Customer Terms and the Partner Terms, Itstime2move is not liable to the Customer for any failure by the Partner to undertake the Partner’s Delivery Services as anticipated or at all.

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.

CUSTOMER’S OBLIGATIONS

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.

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 Support 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).

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 Itstime2move via Support 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 Itstime2move proof that the Partner has collected the Item(s) from collection location; and

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 Itstime2move’s request.

If the information requested is not received within the above timescales, itstime2move may refuse to mediate the dispute.

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.

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.

Appendix 3 – Partner’s Terms

PARTNER’S TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS (the “Partner’s Terms”) CAREFULLY BEFORE BOOKING OR ACCEPTING A JOB VIA THE ITSTIME2MOVE PLATFORM. THESE PARTNER TERMS AND CONDITIONS SHALL APPLY BETWEEN CUSTOMER AND PARTNER (BUT NOT ITSTIME2MOVE).

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 Itstime2move 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 Istime2move 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

Itstime2move 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

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 or text or both 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 Partne’s Terms.

4. Customer can contact the Partner’s via phone or email provided in the email with acceptance and booking confirmation.

5. If the Partner has to contact the Customer, the Partner will do so by telephone or email address.

THE JOB

1. Subject to these Partner’s 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 Partner’s 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.

Partners do not perform Jobs outside the United Kingdom.

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 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;

(e) behave and ensure that any other person connected with you behaves in a way that is not abusive or threatening towards the Partner;

(g) not seek to use a Partner to transport any illegal Item(s).

COLLECTION

1. The Customer must package the Items in accordance with the Good Moves advice provided by itstime2move 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.

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.

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 inform 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).

DELIVERY

1. The Partner will endeavour 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 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.

CUSTOMER CHANGES TO THE BOOKING

1. The Customer may make changes to the Job booking up to 23:59 and the Customer should contact Itstime2move Team to make changes to the booking

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.

WHEN A CUSTOMER MAY CANCEL A JOB

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.

CHARGES AND PAYMENT

1. Payment for Jobs will be paid by the Customer directly to the Partner after the job is completed by the Partner. And it can be done via cash, Bank Transfer or Debit or Credit Card if accepted by the Partner.

THE PARTNE'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

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.

WHICH COUNTRY’S LAWS APPLY?

These Terms are governed by English law and the courts of England have exclusive jurisdiction over any disputes under these Terms.

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 Itstime2move.

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 Partne’s Terms represents 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.

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

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