Terms of Use
Update: March 7, 2025
These Terms of Use (“Terms” or “Agreement”) constitute a legally binding agreement between you and Gofo Inc.
and its subsidiaries, affiliates, representatives, officers and directors (collectively, “GOFO,” “we,” “our,”
or “us”) governing your use of our platforms and related content or services, including but not limited to
those on the website www.gofoexpress.com (the “Website”), and the mobile-based application (the “GOFO App”),
(the Website and the GOFO App are collectively referred to as the “Platforms”; jointly the “Services” or “GOFO
Services”). Please review our Privacy Policy, which also governs your use of GOFO Services, to understand our
practices.
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND GOFO OR GOFO’S
SERVICE PROVIDERS CAN BE BROUGHT (SEE SECTION 11 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION,
REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST GOFO TO BINDING
AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR
REPRESENTATIVE ACTION OR PROCEEDING. If you click "Log in", "Submit", "Confirm" or "Register "on our platforms
including the Website and the mobile-based application (the “Platforms”), it shall be deemed that you have
read and agreed to this Agreement. If you do not accept this Agreement or any clause of it, please stop using
the Platforms and our Services.
1.Scope of this Agreement
1.1Gofo Inc. and/or its affiliates and subsidiaries may provide Services to you on behalf of GOFO. You
understand and agree that this Agreement is an effective contract between you and GOFO governing your use of
GOFO’s Platforms and Services.
1.2Notwithstanding anything contradictory, you are also subject to the respective service contract(s) signed
separately between you and GOFO and/or certain third-party service providers of GOFO, who are the intended
third-party beneficiaries under the arbitration provision of this Agreement.
1.3GOFO reserves the right to change or modify this Agreement from time to time. For example, GOFO will
modify this Agreement in accordance with legal changes or service changes. When GOFO makes changes or
modifications to this Agreement, GOFO will announce it on the Platforms and via the registered email address
you provided to us in connection with the use of your account with us on our Platforms. And you should
regularly check the Platforms to learn about the revision of this Agreement. If you continue to use the
Platforms after the change/modification, it shall be deemed that you have fully read, understood, and accepted
the change/modification of this Agreement; if you do not agree with the change/modification, you should stop
using the Platforms.
2.User
2.1In the case that you are a natural person, by registering a GOFO account on any of our Platforms, you
represent and warrant that you are at least 18 years old. If not, please stop registering and stop using the
Platforms, otherwise you and your guardian shall be liable for all consequences arising therefrom.
2.2In the case that you are a legal entity, by registering a GOFO account, you represent and warrant that you
have been legally established in accordance with the applicable laws and regulations and have the appropriate
licenses, permits and/or qualifications to conduct business. You confirm that you would enter into this
Agreement without violating applicable laws and regulations. If not, you shall stop registering and stop using
the Platform, otherwise you shall be liable for all consequences arising therefrom.
3.Account and Password
3.1To access our Services, you shall register an account via one of our Platforms. You agree to provide
complete, correct, and accurate information (including but not limited to your name/company name/Business
License, Email address, phone number, and any other information or documents required upon registration) to
GOFO and to maintain the accuracy of the information. You will be solely responsible for any damage or
consequence that may arise from the false or incorrect or incomplete information.
3.2 If you set up a username of your account, you should ensure that the username does not violate applicable
laws and regulations, otherwise GOFO has the right to cancel your account. After registration, if it is found
that you register your account with false information, or that there is inaccurate information provided by
you, GOFO shall have the right to request you to correct the information, to suspend the use of your account
and to cancel your account.
3.3 Normally, GOFO allows each user to use only one GOFO account. If there is evidence or GOFO has reason to
believe that user has improper registration or improper use of multiple GOFO accounts, GOFO has the right to
cancel accounts, refuse to provide Services, and terminate this Agreement. If a user causes losses to GOFO or
related parties, the user should also be liable.
4.Account management
4.1If you have already registered a GOFO account, you can use the GOFO account username and password to log
in. Your GOFO account is for your own use only. If you authorize others to use your account, you shall be
fully responsible for all actions of the authorized person using your account. If GOFO determines that the use
of your GOFO account may endanger the security of your account and/or the information security, GOFO reserves
the right to refuse to provide corresponding Services or terminate this Agreement.
4.2You understand and agree that GOFO will not ask you to provide your password at any time. Therefore, it is
recommended that you keep your GOFO account and password to your own. You shall be solely liable for the
losses and consequences caused by your account disclosure to any third party. You shall be responsible for all
actions under your account (including but not limited to signing agreements, providing information, using
services, etc.).
4.3If your account information is lost or forgotten due to your own actions or omissions, please provide
relevant information to us for verification and ensure that the provided information is legal, true, accurate
and valid. Otherwise, we cannot help you to reset your password. You understand that it would take time for us
to deal with your requests, and we shall not be responsible for any consequences arising out of any
unauthorized use of your account.
4.4If the following situation exists, we have the right to terminate your account, and you will no longer be
able to log into our Platforms. The corresponding Services will also be terminated:
(1)You have seriously violated your obligations under the relevant service contract signed with us or any
third-party service providers.
(2)You fail to carry out real-name authentication and/or qualification authentication in accordance with
Article 4.5.
4.5You understand and agree that you shall complete the real-name authentication and/or qualification
authentication as required, otherwise you may not be able to access/log in our Platforms or use the Services
normally.
4.6For the better use of our Services, you hereby irrevocably authorize us to collect your personal
information. The personal information we collect or receive may include but is not limited to:
|
Type of Information |
Examples |
|
Account Information |
Name (first, middle and last name), email, phone number, login name and password, address, payment or
banking information. |
|
Background Check Information |
Information submitted by our business partners, service providers, or any other persons during any
application process relating to the delivery services, such as driver history or criminal record (where
permitted by law), driver’s license, passport (which may contain identification photos and numbers,
nationality, date of birth, address and gender), social security number, insurance documents, and right
to work information. |
|
Location Information |
Precise or approximate location data collected from users’ devices; physical location or
movements, including the time and date of registration, arrival, and departure related to performance of
Delivery Drivers. |
|
Usage Information |
Access dates and times, app features or pages viewed, browser type, and app caches and other
system activity. |
|
Transaction Information |
Delivery services requested and provided, including delivery details such as date and time, shipper’s
and recipient’s names, addresses, email addresses and telephone numbers; and payment transaction
information (including amount for payment and payment method).
Other information we collect relating to shipments and delivery services includes shipment tracking
number, shipment routing information, location data, status of a shipment, delivery location, packaging
type, number of pieces, weight, prices, picture of the parcel, and proof of delivery and receipt of the
package. |
|
Device Information |
The hardware models, device IP address or other unique device identifiers, operating systems and
versions, software, device motion data, mobile network data, internet and electronic network
activity such as browsing and search history, advertising identifiers, marketing and communication
preferences. |
|
Communications Information |
Communication type (phone, leave a comment, email or in-app message), date and time, and content
(including recordings of phone calls). |
|
Information from Other Resources |
Information from or in connection with:
Claims or disputes
GOFO’s business partners or service providers through which users including Delivery Drivers create or
access their individual accounts
Vendors who help verify users or detect fraud
Insurance, vehicle or financial service providers
Partner transport companies
Publicly available sources
Marketing service providers
Law enforcement officials, public health officials, and other government authorities |
You agree that we have the right to provide the aforesaid information to an electronic signature agency, and
the electronic signature agency or its cooperative digital certification agency as the third party could
handle and issue a digital certificate for you to sign the legal documents under the transactions you make on
our Platforms.
4.7You may transfer or grant your account only with GOFO's consent. In such case, we have the right to
require you, the assignee and the recipient to provide qualified documents. Upon transfer of your account,
your rights and obligations under the account and under this Agreement shall be transferred together. In
addition, your account shall not be transferred in any other way, otherwise we have the right to hold you
liable for breach of this Agreement and all liabilities arising therefrom shall be borne by you.
4.8You can cancel your account by contacting us. Your account may be directly related to whether you can use
our services normally, and account cancellation is not recoverable. Therefore, to ensure the security of your
account and all services related to your account, after you submit an account cancellation application to us,
we will check your account and verify your identity. If you agree to the following conditions, we will cancel
your account:
(1)You apply for the cancellation of your account and cancel it according to our procedures.
(2)You shall still be responsible for your use of the platforms and our services before you cancel your
account, and we may still save your information before you cancel your account.
(3)Your cancellation does not affect the performance of the relevant agreements you have signed with
us.
(4)After successful cancellation, account information, subject information, transaction records, relevant
rights, and interests, etc. cannot be recovered or provided.
5.Services
5.1GOFO provides you with online Platforms that allow you to receive information regarding transportation
requests and services pursuant to your separate service agreement(s) with GOFO and/or other third-party
service providers of GOFO. After registration, you may not necessarily enjoy all the services shown on the
Platforms, and the information on the Platforms does not make a commitment to the service. The specific
services provided to you are subject to the service agreement(s) signed by you and GOFO or the relevant
third-party service providers of GOFO.
5.2The services and the information on the Platforms are provided on an "as is” basis. GOFO, to the fullest
extent permitted by law, disclaims all warranties, whether express, implied, statutory, or otherwise. GOFO
makes no representations or warranties about the accuracy, completeness, security or timeliness of the
services, content or information provided on the Platforms.
5.3 GOFO shall not be liable for any damage caused to you due to network equipment maintenance, power
failure, strike, riot, fire, flood, storm, explosion, war, government action, order of judicial administration
authority or failure of servers, computers or communications. GOFO shall not be liable for any damage caused
by any third party.
5.4 The Platforms may obtain some content that does not belong to GOFO, and the publisher bears full
responsibility for this content. GOFO may review the content to determine whether it is illegal or violates
GOFO's policies; if there is reason to believe that the content violates GOFO's policies or is illegal, GOFO
can delete it or refuse to show this content. However, it does not mean that GOFO will necessarily or have the
obligation to review relevant content.
6.Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall GOFO or its third-party service
providers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but
not limited to, damages for loss of profits, loss of data or other information, for business interruption, for
personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the
Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection
with any provision of this Terms), even if GOFO or its third-party service providers have been advised of the
possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow
the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which
means that some of the above limitations may not apply. In these states, each party's liability will be
limited to the greatest extent permitted by law.
7.Disclaimer
7.1You understand and agree that GOFO may change, interrupt or terminate the functions of the Platforms
without prior notice. GOFO does not guarantee that the functions will not be interrupted, nor guarantee the
timeliness, safety, and accuracy of functions.
7.2You understand and agree that GOFO shall not bear any responsibility for the interruption of the Platforms
and its functions due to the following circumstances:
(1)GOFO reserves the right to suspend any part of the platforms for maintenance, upgrade, or other purposes
without prior notice.
(2)Force majeure such as typhoon, earthquake, flood, lightning, or terrorist attack.
(3)Your computer hardware and software malfunction.
(4) Due to virus, Trojan horse, malicious program attack, network congestion, system instability, system or
equipment failure, communication failure, power failure, banking reasons, third-party defect or government
behavior and other reasons.
(5) Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable
statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.
But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest
extent enforceable under applicable law.
7.3 Notwithstanding anything contrary, GOFO will take reasonable actions to
restore the Platforms in a timely manner.
8.Intellectual property
Unless GOFO declares in writing, all rights to all products, technologies, software, programs, data, text,
images, pictures, audios, videos, charts, colors, layouts, electronic documents and any information, content,
and materials shown to you on the Platforms, including but not limited to Copyright (software copyright),
trademark rights, patent rights, trade secrets and all other related rights are owned by GOFO. Without the
express written authorization of GOFO, you and anyone may not use it without authorization, including but not
limited to copying, disseminating, displaying, mirroring, and downloading any content on the Platforms.
Accessing or using the Platforms does not give you any rights to any information, content, or data on the
Platforms.
9.Links to Other Websites
Our Platforms may contain links to third-party websites or services that are not owned or controlled by GOFO.
GOFO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of
any third party websites or services. You further acknowledge and agree that GOFO shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with
the use of or reliance on any such content, goods or services available on or through any such websites or
services. We strongly advise you to read the terms and conditions and privacy policies of any third-party
websites or services that you visit.
10.Termination
10.1You have the right to terminate this Agreement in any of the following ways:
(1)Stop using the Platforms in accordance with this Agreement.
(2)When GOFO changes and/or modifies this Agreement, you expressly state that you do not accept the changes
and/or modifications and stop using the Platforms and Services.
(3)You clearly express to GOFO that you will not continue to use the Platforms, and you meet the termination
conditions of GOFO.
10.2In the following circumstances, GOFO has the right to notify you to terminate this Agreement:
(1)You violate the provisions of relevant laws and regulations or violate this Agreement or other relevant
agreements signed by you and GOFO.
(2)You have engaged in illegal or fraudulent activities, including but not limited to the misappropriation of
others' accounts, conducting false transactions, suspected involvement or involvement in smuggling, employing
improper means for profit, or engaging in actions that jeopardize the security of others' transactions or
account safety.
(3)Misuse of the Services provided by GOFO.
(4)According to the relevant provisions of this Agreement, your account has been canceled by GOFO.
(5)Other circumstances that GOFO has reason to terminate this Agreement.
10.3The termination of this Agreement does not affect the validity of any other service agreements that have
been signed between you and GOFO or the relevant third-party service providers.
11.Arbitration Agreement
By agreeing to these Terms, you agree that you are required to resolve any dispute, controversy, or claim
that you may have against GOFO and/or certain service provider(s) of GOFO (who you have entered into a
separate service agreement with) (“GOFO’s Service Providers”) on an individual basis in binding arbitration as
set forth under this Arbitration Agreement, including but not limited to any alleged violation of any federal,
state, or local statute, regulation, common law, or public policy by either party, whether sounding in
contract, tort, or statute (each a “Claim” and collectively, “Claims”). You agree that any Claim you may
have against GOFO and/or GOFO’s Service Providers shall be submitted to and decided by binding arbitration
administered by ADR Services, Inc. (“ADR”) in accordance with ADR’s Arbitration Rules (the “ADR Rules”) in
effect at the time that the Claim is brought. In the event that ADR is not available or will not administer
the arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) in
accordance with its applicable rules that are in effect at the time the arbitration is initiated (the “AAA
Rules”). The arbitration hearing shall take place in the county of your billing address or by videoconference.
Any arbitral award determination shall be final and binding upon the Parties. Judgment on the arbitrator’s
award may be entered in any court of competent jurisdiction.
To the fullest extent permitted by federal and/or applicable state law, ALL DISPUTES AND CLAIMS BETWEEN YOU
AND GOFO OR GOFO’S SERVICE SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. These Claims include, but are
not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising
out of or relating to: this Agreement and prior versions thereof (including the breach, termination,
enforcement, interpretation or validity thereof), our Platforms, our Services, any other services made
available through our Platforms or a third-party provider, your relationship with GOFO, the threatened or
actual suspension, deactivation or termination of your user account or this Agreement, criminal background
checks and driving history checks performed by or on GOFO’s behalf, payments made by you or any payments made
or allegedly owed to you by GOFO or GOFO’s Service Providers, any city, county, state or federal wage-hour
law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful
termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any
express or implied contract or covenant, claims arising under federal or state consumer protection laws;
claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair
Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964,
Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act,
Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except
for individual claims for employee benefits under any benefit plan sponsored by GOFO and covered by the
Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any,
addressing the same or similar subject matters, and all other federal and state statutory and common law
claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope,
applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the
arbitrator, except as expressly provided herein.
For any avoidance of doubt, this Arbitration Agreement applies to all Claims between you and GOFO including
GOFO’s successors and assigns, employees, agents or shareholders to the fullest extent as permitted by any
federal or applicable state law. This Arbitration Agreement also applies to all Claims between you and GOFO’s
Service Providers to the fullest extent as permitted by any federal or applicable state law; and such
third-party service providers shall be considered intended third-party beneficiaries of this Arbitration
Agreement.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU UNDERSTAND THAT: (1) ANY ARBITRATION UNDER THIS AGREEMENT WILL
TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. AND (2) YOU AND
GOFO ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE
PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every
Claim or dispute that can lawfully be arbitrated under federal and/or applicable state law.
Class/Collective Action and Arbitration Waiver. Except for any Claims that cannot be waived under applicable law and are therefore excluded from this
Arbitration Agreement, you agree to waive the right to assert, participate in, or receive money or any other
relief from any class or collective claims against GOFO and GOFO’s Service Providers in court, arbitration, or
any other proceeding. You agree that you shall only submit your own individual claims against the other
parties and will not seek to represent the interests of any other person. Notwithstanding anything to the
contrary in the applicable arbitration rules pursuant to this Arbitration Agreement, the arbitrator shall have
no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration
proceedings with or join any other party to an arbitration between the Parties.
Notwithstanding anything to the contrary in the applicable arbitration rules, the arbitrator shall have
exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement
including the enforceability of this Arbitration Agreement and the Class/Collective Action and Arbitration
Waiver under this Arbitration Agreement, and the arbitrability of any dispute between the Parties, to the
fullest extent allowable under applicable law.
Representative PAGA Waiver. Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent
permitted by law: (1) you agree not to bring a representative action on behalf of others under the Private
Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration,
and (2) for any claim brought on a private attorney general basis, including under the California PAGA, you
agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve
whether you have personally been aggrieved or subject to any violations of law), and that such an action may
not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e.,
to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively,
“representative PAGA Waiver”).
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the applicable
arbitration rules, disputes regarding the scope, applicability, enforceability, revocability or validity of
this Representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an
arbitrator. If any provision of this Representative PAGA Waiver is found to be unenforceable or unlawful for
any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the
unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that
any remaining Claims or portions of Claims be arbitrated on an individual basis pursuant to the Arbitration
Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims
or portions of such claims must be litigated in a civil court of competent jurisdiction and not in
arbitration. To the extent that there are any Claims or portions of Claims to be litigated in a civil court of
competent jurisdiction because a civil court of competent jurisdiction determines that the Representative PAGA
Waiver is unenforceable with respect to those Claims or portions of Claims, the Parties agree that litigation
of those Claims or portions of Claims shall be stayed pending the outcome of any individual Claims or portions
of Claims in arbitration.
Notwithstanding any choice of law including the applicability of the Federal Arbitration Act, the Parties
agree and EXPRESSLY AFFIRM that the Arbitration Agreement including the Class/Collective Action and
Arbitration Waiver and Representative PAGA Waiver under this provision shall be specifically governed by the
INTERNAL LAWS OF THE STATE OF NEW YORK. It is the EXPRESS INTENT of both Parties to be bound by the INTERNAL
LAWS OF THE STATE OF NEW YORK for all purposes, including but not limited to, interpretation, implementation,
enforcement, and administration of this Arbitration Agreement including the Class/Collective Action and
Arbitration Waiver and Representative PAGA Waiver under this provision.
In the event any portion of the Arbitration Agreement including the Class/Collective Action and Arbitration
Waiver and Representative PAGA Waiver is deemed invalid or unenforceable, then the remaining portions of the
Arbitration Agreement, including any valid portion of the Class/Collective Action and Arbitration Waiver and
Representative PAGA Waiver, shall be severed and shall be enforced in arbitration to the greatest extent
allowable under Federal Arbitration Act and/or applicable state law.
12.Notice
12.1GOFO will notify you by a website message or according to the contact information that you provide
(including your email address, contact number, contact address, etc.). Such notices may have a significant
impact on your rights and obligations, so please pay attention to them in time. If your contact information
changes, you are obliged to update it in time. Electronic notifications, including sending text messages,
sending emails, and sending website messages to you, shall be deemed to have been served upon successful
delivery; a written notice shall be deemed to be delivered on the fifth natural day after it is mailed to the
address provided by you.
12.2For any disputes arising out of this Agreement, you agree that judicial institutions (including but not
limited to courts and arbitration institutions) could send legal documents to you through the telephone
number, email, and other information you provided. The date on which the judiciary post legal documents to the
above contact information shall be deemed to be the date of service.
12.3You should ensure that the contact information provided is accurate, effective, and updated in real time.
If the contact information provided is inaccurate or the changed contact information is not notified in time,
and the notification cannot be delivered or is not delivered in time, you shall bear the legal consequences
that may arise.
Contact Us
If you have any questions about these Terms of Use, you can contact us via email:
support@gofoexpress.com.
FOR USE TO CLICK: I hereby acknowledge that I have fully read and agree with all provisions of the above
Terms of Use, including the Arbitration Agreement contained therein.