Terms and Conditions

1. DEFINITIONS USED IN THESE CUSTOMER TERMS

Throughout these Terms we will use various defined terms. We have set out below what each of these terms means for ease of reference:

2. WHAT DO WE DO AND HOW DO THESE CUSTOMER TERMS APPLY TO YOU?

1. We provide the Platform with reasonable care and skill and in accordance with the description of the Platform on Our website at www.shift.online.
2. We will only provide the Shift Service. This means that Shift does not provide the services of the Shifter. Our role is limited to that of providing the Platform to enable You to book Jobs.
   

3. HOW TO CONTACT US

We can be contacted at the following email address: contact@shift.online

4. ABOUT THESE TERMS AND IMPORTANT INFORMATION

1. When You book the Job via the Platform You are deemed to have accepted these Customer Terms and Our Privacy Policy available at: https://shiftplatform.co.uk/privacy-policy .
2. These Customer Terms are applicable to the use of the Platform by You if You are acting in Your personal capacity only.
3. If You are acting on behalf of a business and/or are using the Platform as a Business User, use of Our Platform is subject to Our Business User terms and conditions (“Business Terms”).

4. When You place a booking for a Job using the Platform You agree that:

   1. We are not a transport provider and do not provide the Shifter or the Shifter Delivery Service.
   2. We provide only the Platform that facilitates Your booking and management of the Shifter Delivery Service.
      
   3. We can pre-authorise Your Payment Card for the Price of the Job at the point at which You place the booking for the Job.
   4. We can collect payment for the Price of the Job from Your Payment Card when Your Job has been completed by the Shifter.
   5. The Shifter Delivery Services are provided to You by a Shifter, under the Shifter Terms which are in place between You and the Shifter. We are not a party to the Shifter Terms.
   6. Sometimes We may need to cancel a Job booking. We will only do so in accordance with these Customer Terms.
   7. If You cancel a Job booking We can charge you a Cancellation Fee in accordance with clause 9.

5. THE SHIFT PLATFORM

1. When You make enquiries to book a Job via the Shift Platform You will:

   1. be able to choose the collection and delivery location of the Item(s) (unless You have booked a Store to Home Job in which case the collection location will be fixed as the retail store in which You placed Your booking with Us);
   2. be able to choose the collection time for the Item(s) (unless You have booked a Shift Flex Job in which case You will (c)be provided with a collection window);
      
   3. be able to choose a delivery day for the Item(s);
   4. be provided with the Price for the Job; and
   5. be able to book the Job via the Shift Platform.
2. When You make a booking via the Shift Platform a Job is created and the Shift Platform will then find a Shifter to complete that Job. In most cases We will begin searching for a Shifter to complete Your Job immediately.
3. The Platform monitors the suitability and availability of Shifters and will Allocate the most suitable Shifter to your Job shortly before the Job is due to start. Usually this will be around 3 hours before the Job start time, or the evening before the Job in the case of an early-morning (e.g. 7am) booking.
4. When using the Shift Platform, You will enter into a contract with the Shifter on the Shifter Terms [Appendix 1] when the Shifter is Allocated the Job.
5. If for any reason Your Shifter changes once You have completed Your Job booking, You will enter into a contract with Your new Shifter on the Shifter Terms [Appendix 1] when You are made aware of the change of identity of the Shifter who will be completing Your Job.

6. YOUR JOB

1. Acceptance of the Job via the Platform and the Price offered to You is based on the information You provide through the Platform during the booking process. You must make sure that all the information You provide on Our Platform is accurate.

2. If the information You provide via the Platform is not accurate:

   1. We may need to cancel the Job;
   2. The Price may not be accurate and We may need to increase it;
      
   3. The Shifter may be unable to complete the Job.
3. Once You have made a booking for a Job, if You require any other Items to be moved from or to other locations, You must make a separate booking on the Platform.
4. A Shifter has the right to refuse to move Items not included in the original Job booking.
   

7. TYPES OF JOB YOU CAN BOOK VIA THE SHIFT PLATFORM

1. You can use the Shift Platform to book the following types of Jobs:

   1. Store to Home;
   2. In-Store Collection;
      
   3. Standard Bookings; or
   4. Shift Flex Bookings.

2. When you book a Store to Home Job:

   1. You can book the Job in-store at one of Our partner retail environments (which may change from time to time);
   2. The location of the collection for your Items will be fixed as the address of the retail store that You make Your Store to Home booking in;
      
   3. You can choose the delivery location of the Items, whilst for most customers this is their home, You have freedom to choose where the Items are delivered to.

3. When you book an In-Store Collection or a Standard Booking:

   1. You can book the Job from any location using the Shift Platform;
   2. You can choose the collection location of Your Items, which for an In-Store Collection will be a retail store;
      
   3. You can choose the delivery location of the Items;
4. When You book a Shift Flex Job Your collection window (i.e. the time during which Your Items may be collected by the Shifter) will start immediately upon Your booking being made.
   
5. If You book a Store to Home Job or an In-Store Collection Job the Shifter will need to attend a retail environment to collect Your Items and You are responsible for providing the Shifter with any information the store may need in order to hand Your Items over to the Shifter, this could be a collection reference, an email from the store or any other confirmation of purchase from the store.
   

8. YOUR USE OF OUR PLATFORM

1. The services that We provide to You are limited to providing the Shift Platform which enable Jobs to be booked by You in accordance with these Customer Terms.
   
2. We cannot guarantee that the Platform will run error free or without interruption. From time to time We will undertake planned and reactive maintenance to the Shift Platform which may limit Your ability to access them.
   
3. We collect and process all personal information about You in accordance with Our Privacy Notice available at: https://shiftplatform/privacy-policy.
   
4. You, Us and the Shifter can monitor and manage Job bookings via the Platform. This means that You are able to make some changes to and cancel a Job using Our Platform.
   

9. YOUR RESPONSIBILITIES

1. To use Our services and the Shift Platform, You must:
   

2. comply with these Customer Terms:

   1. be at least 18 years old;
   2. provide Us with Your valid, current (up to and including the date of the Job) email address and telephone number;
      
   3. keep Your payment information up to date and to provide Us with valid payment details at the time Your Job is booked and at all times until the Job is completed;
   4. provide accurate information to Us when You book Your Job;
   5. ensure You have access to Our Platform at all times when using Our services;
   6. provide anyone whose personal information You supply to us (for example if a friend or family member is meeting the Shifter for Your Job) with a copy of these Consumer Terms and Our Privacy Notice;
   7. be at the collection address set out in Your Job request with the Item(s) ready to be loaded onto the Shifter’s vehicle at least 15 minutes before the time the Shifter is scheduled to arrive;
   8. arrange access for the Shifter at the pickup and drop off locations set out in Your Job;
   9. arrange for all parking permissions at the pickup and drop off locations set out in Your Job, including paying any fees required for parking the Shifter’s vehicle so Your Job can be completed without the Shifter being given a parking fine;
      
   10. if applicable, if You book a Shifter to move goods to a municipal waste centre, confirm with that municipal waste facility whether the Shifter requires any permit to gain access and complete Your Job. This may include informing the local authority of the size of the vehicle being used and the nature of the Items being disposed of. If any such permit is required You must obtain it at Your own expense;
       
   11. read and comply with Appendix 4 “Good Moves”; and
       
   12. behave and ensure that any other person connected with You behaves in a way that is not abusive or threatening towards the Shifter.
       
3. We reserve the right to immediately suspend Your access to Our Platform if we suspect the information You have provided is false or misleading or if You have breached these Customer Terms.
   
4. We reserve the right to cancel Your Job in accordance with clause 12.
   

10. HOW YOU CAN MAKE CHANGES TO YOUR BOOKING

1. Once You have placed a booking for a Retail to Home or a Shift Flex Job You cannot make changes to the booking or cancel the Job as the Shifter will be booked to collect Your Items as soon as Your Job is booked (this does not always mean that the Shifter will collect Your Items on the same day, especially in respect of Shift Flex Bookings).
   
2. If You need to make changes to Your In-Store Collection or Standard Booking Job , then You can do this up to 23:59 hours on the day before the Job is scheduled to start by using the link in the confirmation email We sent You.
   
3. If You make a booking, regardless of the type of Job, for same day collection (i.e. the Job is to take place on the same day that You placed the booking) or for a Shift Flex Job, You will not be able to cancel the Job without payment of the full Price of the Job.
   
4. If You cannot make the changes through the link contact Us by email at contact@shift.online.
   

5. Where possible We will always try to accommodate any changes You require to Your booked Job, for example from a one Shifter Job to a two Shifter Job, but this may mean:

   1. We have to book a new Job in addition to the original Job booking (which will involve Us providing You with an additional Price);
      
   2. We need to reschedule Your Job;
      
   3. We charge You a Cancellation Fee; and/or
   4. We increase/decrease Your existing Job’s Price.
6. We will confirm the details of any changes set out in clause 10.5 with You and get Your agreement to any changes at the time the Job booking is changed.
   

11. THE PRICE AND PAYMENT

1. The Price includes:

   1. fees for Your use of the Platform (the Customer Platform Fee);
      
   2. the fees to be paid to the Shifter for carrying out the Job; and
      
   3. Extra Fees if applicable (examples of which are set out in Appendix 3 to these Terms).
2. The Price may change if You make any changes to the Job.
   
3. The Price will also include VAT where applicable.
   
4. You must make payment of the Price when you book the Job otherwise the Job will not go ahead and Your booking will be void.
   
5. There may be Extra Fees payable for the Job which We are unable to specify to You in advance of the Job being completed by the Shifter. Examples of this may include a parking charge or road toll that the Shifter incurred but was not anticipated when the Job was accepted on the Platform. We will always endeavour to inform You of Extra Fees in advance, but this may not always be possible.
   
6. We reserve the right to increase the Price if the specification for the Job that You have booked changes and the Shifter is still able to complete the Job.
   
7. If the Price is not paid by You on completion of a Job, then We may prevent You from using Our Platform until the Price has been paid. If You cannot pay the Price for any reason You should contact Us as soon as possible to discuss the issue with Us.
   
8. If You do not pay the Price or any other fees that We reasonably charge for Our services (including any Extra Fees) then We may commence collections proceedings, which may mean We ask a third party debt collection agency to recover Our fees. Any recovery action against You may incur extra fees charged by Our collection agent.
   

9. If the Job is not completed, We will only charge You the Price:

   1. if the Job was not completed due to an act or omission by You; and/or
      
   2. if You failed to comply with these Terms;
      
   3. if You failed to comply with the Shifter Terms; and/or
   4. in accordance with clause 10 or 11.

10. Using the Shift Platform:

    1. In some circumstances, we will take payment of the Price at the time at which you place the booking for the Job and complete the payment section of the booking on the Shift Platform.
       

    2. In some circumstances when You complete the payment section of the booking on the Shift Platform We take what is known as a pre-authorisation payment against Your Payment Card:

       1. This will show up on Your statement as a ‘PENDING’ transaction that corresponds with the Price. No money will be transferred from You to Us at this stage.
          
       2. If the scope or specification of Your Job changes and the Shifter is still able to complete Your Job, we reserve the right to increase the level of pre-authorised funds that We take from Your Payment Card.
          
       3. When the Shifter has completed the Job We then charge the Price plus any Extra Fees that We were unable to include in the Price to Your Payment Card.
    3. We facilitate payment of the relevant fees to the Shifter for carrying out the Job.
       
    4. We do not accept cash under any circumstances and You should not give any cash to the Shifter. All payments must be made using a Payment Card.

12. WHEN YOU MAY CANCEL A JOB

1. Certain consumer laws provide consumers with rights to cancel contracts they enter into either online or via the telephone within fourteen days of entering into that contract. This is called the 14 day cooling off period
   
2. You enter into a contract with Us on these Customer Terms immediately upon booking a Job.
   
3. When You book Your Job, Shift will begin providing services to You immediately by finding and Allocating a Shifter to Your Job. This means that Shift have undertaken work for You during the 14 day cooling off period. This means that You lose Your right to cancel this contract without charge immediately upon entering into the contract.
   
4. We manage the booking of the Job for You with the Shifter. The Shifter’s services do not commence until the day of your Job booking.
   
5. You can cancel Your booking but You might have to pay a Cancellation Fee.
   
6. For Store to Home Jobs and Shift Flex Jobs if You wish to cancel the Job You will always be charged 100% of the Price. This is because at the time you place the booking for these types of Jobs, we immediately begin work to find a Shifter to complete Your Job and the Shifter may be on their way to collect Your Items immediately.
   

7. Cancellation Fees for In Store Collection Jobs or Standard Bookings are as set out below:

   Time Of Cancellation

   Cancellation Fee Payable

   From the time you book the Job to up to 48 hours before Your Job is due to begin

   You will be charged 35% of the remaining Price.

   Within 48 hours of the Job beginning

   100% of the Price will be charged to You

8. Any Cancellation Fee which is payable by You will be deducted from Your Payment Card and Your agreement to these Consumer Terms confirms Your agreement to the Cancellation Fees.
   

13. WHEN WE AND/OR THE SHIFTER MAY CANCEL A JOB

1. We may cancel Your booking if Our Platform is unable to match Your Job to a prospective Shifter before the Job is due to start. In these circumstances, we will:

   1. Inform You by email as soon as possible; and
      
   2. Release any pre-authorised funds which have been secured for the Price of the Job via Your Payment Card.
      
2. If no Shifters can carry out Your Job the Platform may be unable to accept a booking for Your required Job. In this circumstance, no payment will be taken from You for the Price.
   
3. We may cancel Your Job if You make changes to the Job after the Job has been booked and We are unable to match Your Job to a Shifter that can fulfil Your new requirements. In this circumstance You will be charged the Cancellation Fees in accordance with clause 9.
   

4. If You provide information that is not true and/or accurate the Shifter may:

   1. not be able to find You;
      
   2. arrive at the wrong time; or
      
   3. not have the right sized vehicle or equipment to complete your Job.

5. A Shifter has the right to refuse to complete a Job if:

   1. You ask the Shifter to move Items that are not listed in the Job;
      
   2. You ask the Shifter to change the delivery location or make a delivery to multiple locations not specified in the Job;
      
   3. You ask the Shifter 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;
      
   4. You ask to require a Shifter to park Your vehicle without paying for parking and You have not provided the Shifter with a parking permit;
      
   5. You ask or require a Shifter to park too far away from a collection or delivery location and the Shifter cannot move Items safely;
      
   6. You are not ready at the collection location when the Shifter arrives; or
      
   7. You make threats against the Shifter including the threat to give a Negative CSAT Review or other negative feedback if the Shifter refuses to provide a service not specified in the Job.
      
6. In each circumstance set out in clauses 12.4 and 12.5 We will charge You up to 100% of the Price and You will need to book a new Job.
   
7. There may be other instances when We will charge you the full Price if the Shifter is justified in refusing to complete the Job due to something You have done or have not done.
   
8. If a Shifter is charged a parking penalty to complete Your Job this will be charged to You in addition to the Price. Shifters do not carry cash to pay for parking meters or similar.
   
9. If a Shifter is not able to complete Your Job because You have not made the necessary arrangements at the delivery location then the Shifter will return Your Items to the collection location and You will be charged 100% of the Price.
   
10. Appendix 4 to these Customer Terms sets out details of how to pack certain Items and what to do if You are unsure. You should read this in full before the day of the Job to avoid a Shifter being unable to complete the Job and You being charged a Cancellation Fee.
    
11. If We become aware of any abusive or unreasonable behaviour by You or anyone connected to You towards a Shifter or Our staff, then We reserve the right to terminate Your Job with immediate effect, suspend Your access to Our Platform and charge You 100% of the Price.
    

14. SHIFTER DELIVERY SERVICES

1. We are not involved in carrying out any collection or delivery service and do not provide any transport or delivery services.
   
2. Shifters are not Our employees and We are not responsible for the Shifter Delivery Services they provide, nor for any loss or damage they cause.
   
3. Once You have booked a Job and a Shifter has been Allocated to Your booking, We will continue to provide You with access to the Shift Platform in order to monitor and manage Your booking.
   
4. Whilst the price of the Job is negotiated through the booking process on Our Platform, You and the Shifter will be parties to a separate contract in relation to the Shifter Delivery Service known as the Shifter Terms.
   
5. We will not be a party to the Shifter Terms.
   
6. The Shifter Terms will be entered into between You and the Shifter in accordance to clause 5 where You are using the Shift Platform.
   
7. If You use Our Platform for multiple Jobs You may enter into several contracts with different Shifters on the Shifter Terms. The Shifter Terms may be updated from time to time so You should ensure You are familiar with the latest version when You book Your Job which will be made available in Appendix 1.
   
8. Each Shifter is solely responsible for carrying out Your Job. The Shifter who carries out Your Job may also be providing similar services for other Shift customers and cannot guarantee that they will take a particular route between the collection and delivery locations.
   
9. If Your Items are lost or damaged during transit You may contact Us after the Job has completed so that We may investigate in accordance with Our Dispute Resolution Policy available in Appendix 2.
   
10. We recommend that You take photos of the Items before transit so that any damage can be evidenced after the event.
    
11. We are not liable for the actions of a Shifter or any loss or damage caused to Your Items by a Shifter, but We may assist with resolving any dispute between You and the Shifter. Our assistance will in no circumstances constitute an acceptance of liability by Us for the actions of a Shifter or any lost or damaged Items.
    

15. COMPLAINTS

1. If a service provided by Us (note that We only provide You with the Platform) is not carried out with reasonable care and skill, You can ask Us to repeat the service or to fix it, or you may request a full or partial refund if We cannot fix it.
   
2. This is a summary of some of Your key rights. They are in addition to Your cancellation rights set out in clause 11 above. For more detailed information on Your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
   
3. If You believe that Our Platform is faulty or misdescribed, please contact Us as soon as reasonably possible.
   
4. If You have a complaint about Our Platform and/or the service that We provide, We will do Our best to help You resolve it.
   
5. You can contact Us by email at: contact@shift.online.
   
6. We will only agree to assist with a complaint or dispute between You and a Shifter made after Your Job is completed and in accordance with Our Dispute Resolution Policy.
   

16. OTHER IMPORTANT TERMS

1. Our Platform is designed for use in the United Kingdom for personal or business customers, and access to Our Platform by You from any other jurisdiction other than the UK is entirely at Your own risk.
   
2. We take no responsibility for any third party links which may appear on Our Platform or Our websites. Such links may appear for Your information only and We have no control over the content of such third party sites.
   
3. Shift is the owner and/or licensee of all intellectual property rights in the Shift Platform. You shall obtain no rights in respect of that intellectual property when You use Our Platform. You must not use any material contained on Our Platform for Your own commercial purposes.
   
4. If You telephone Us, We may record the call for training purposes and We may use any such recording in the event of dispute between You and Us or if We need to help resolve a dispute between You and the Shifter in accordance with Our Dispute Resolution Policy.
   
5. Nothing in these Customer Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between You and Us.
   
6. You are not allowed to transfer Your rights or obligations under these Customer Terms to anyone without Our prior written consent. We may transfer Our rights and obligations under these Customer Terms to another business without Your consent, but We will notify You of the transfer and make sure that Your rights are not adversely affected as a result.
   
7. If any provision of these Customer Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Customer Terms will not be affected.
   
8. If You breach these Customer Terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Customer Terms.
   
9. These Customer Terms represent the entire agreement between Us and You and replace any terms and conditions of purchase or supply that You have been provided with previously.
   
10. These Customer Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
    

17. OUR LIABILITY TO YOU

1. We are only responsible to You for the Platform.
   

2. We collect fees from You (included in the Price) for the Shifter but We are not responsible for:

   1. the actions of the Shifter during the completion of Your Job,
      
   2. any delay in performing the Job, or
      
   3. any damage or loss of the Items.
      
3. Nothing in these Customer Terms shall limit or exclude Our liability to You for matters where it would be unlawful to do so. This includes death or personal injury caused by Our negligence or fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
   
4. If We fail to comply with these Customer Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Customer Terms.
   
5. We are not liable for business losses under these Customer Terms and these Customer Terms are only applicable where You are seeking a Shifter for domestic and private transportation.
   
6. Although We are not responsible for the completion of Your Job by a Shifter and/or any services provided to You by a Shifter and or for a breach of contract by the Shifter, as a gesture of goodwill We will always try to help. If something goes wrong with Your Job, then We will try to resolve the problem in line with Our Dispute Resolution Policy. You can contact Us via the Platform.
   

18. WHICH COUNTRY’S LAWS APPLY?

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

19. YOUR FEEDBACK

1. For each Job You can rate Your Shifter by leaving feedback using Our Platform or a link that We send You.
   
2. The best way to handle any dissatisfaction with Us or Our Platform is to contact Us in the first instance, prior to leaving negative feedback on Our website or any third party website, as We will always attempt to resolve the matter with You directly and welcome the opportunity to put things right.
   
3. Feedback is important to Us and all the Shifters who provide Shifter Delivery Services. Feedback helps improve the service offered but only works if it is honest and given in good faith. If We determine that You asked a Shifter to do something not listed in Your Job booking (e.g. move a few extra Items); or You threatened a Shifter with negative feedback to get a service not listed in Your Job booking (e.g. to move something to a different drop off address) We will: (i) terminate Your Platform account; (ii) remove the feedback; and/or (iii) in the case of a third-party review website, request the feedback be removed from their service.
   

1. 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:

2. THE PARTIES AND THE CONTRACT

1. Customers can use the Platforms to book Jobs. If a Shifter wants to accept a Job (which is at the Shifter’s sole discretion), they will do so via the Platform.
2. The identity of the Shifter who will perform the Job will be provided to the Customer via the Shift Platform prior to the start time for the Job and this contract will come into effect between the Customer and the Shifter when the Shifter is Allocated the Job via the Shift Platform.
   
3. The contract between the Customer and the Shifter will include the terms set out in these Shifter Terms.
   
4. Customer can contact the Shifter through the Platform that the Customer has used to book the Shifter.
   
5. If the Shifter has to contact the Customer, the Shifter will do so by telephone or via the relevant Platform.
   

3. THE JOB

1. Subject to these Shifter Terms and Conditions, the Shifter will collect and deliver the Items as requested by the Customer via the Shift Platform.
   
2. Once the Shifter has started the Job, the Shifter may reject any request by the Customer to amend the Job.
   
3. The Shifter will provide the Shifter 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 Shifter 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 Shifter is not able to collect or deliver a Job’s items by the time set out on the Shift Platform, the Shifter will notify the Customer of the revised collection or delivery time as soon as possible.
   
6. Shifters do not perform Jobs outside the United Kingdom.
   

7. The Customer must:

   1. be at the collection address set out in the Job request with the items ready to be loaded onto the Shifter’s vehicle at least 15 minutes before the time the Shifter is scheduled to arrive;
      
   2. arrange access for the Shifter at the collection and delivery locations set out in the Job;
      
   3. arrange for all parking permissions at the collection and delivery locations set out in the Job, including paying any fees required for parking the Shifter’s vehicle so the Job can be completed without the Shifter being given a parking fine. The Shifter may refuse to complete the Job if they are required to park at risk of receiving a parking fine or, in the Shifter’s reasonable opinion, an unsafe distance away from the collection address;
   4. if it has booked a Shifter to move goods to a municipal waste centre, confirm with that municipal waste facility
   5. whether the Shifter 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;
   6. read and comply with “Good Moves” which is available at Appendix 4 of the Customer Terms; and
   7. behave and ensure that any other person connected with you behaves in a way that is not abusive or threatening towards the Shifter;
   8. not seek to use a Shifter to transport any illegal Item(s).

4. COLLECTION

1. The Customer must package the Items in accordance with the Good Moves advice provided by Shift as set out in Appendix 4 of the Customer Terms. The packaging must also be sufficient to hold the Item’s weight. All Items must be able to withstand a short drop, unless clearly marked as fragile.
   
2. It is the Customer’s responsibility to ensure that all the details are correctly completed and displayed on the Item(s), which should match the details provided via the relevant Platform. It is not the Shifter’s responsibility to check this information.
   
3. The Shifter 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 Shifter and the Customer may be required to load the Item(s) into the Shifter’s vehicle depending on the service which has been purchased by the Customer.
   
5. The Shifter 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 Shift Platform. In such circumstances the Customer may be charged in full in accordance with the Customer Terms.
   
6. The Shifter 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 Shifter accepts no liability for loss of or damage to Item(s) as a result of Item(s) being given to anyone other than the Shifter.
   
7. If the Shifter is unable to collect the Item(s) within the Customer’s chosen timeslot by reason of the Customer’s act or omission, then the Customer may be charged in full in accordance with the Customer Terms. Any redelivery of the Item(s) will require a new Job, for which the Customer will be charged in full.
   
8. If the Shifter 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 Shift within 2 hours of the anticipated collection time. In the event that the Shifter is unable to collect, the Customer will not be charged (or if already paid, receive a refund).
   

5. DELIVERY

1. The Shifter will endeavour to notify the Customer by email, text and/or phone call if there are any issues with delivery.
   
2. The Shifter 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 Shifter shall return any unsuccessfully delivered Item(s) to the collection location. As this requires the Shifter to travel twice the distance, no refund will be given.
   
3. The Shifter 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 Shifter.
   
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 Shifter accepts this request, the Shifter shall not be liable for any claims that the Shifter was not delivered where the Shifter has confirmed in real time that the Item was delivered.
   

6. CUSTOMER CHANGES TO THE BOOKING

1. The Customer may make changes to the Job booking up to 23:59 hours on the day before the Job is scheduled to start by using the link in the confirmation email Shift sent to the Customer.
   
2. If the Customer cannot make the changes through the link then the Customer should use the online chat at available via the relevant Platform.
   
3. Shift 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.
   

7. WHEN A CUSTOMER MAY CANCEL A JOB

1. 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.
   

8. COMPLAINTS

1. The parties should comply with the Dispute Resolution Policy as set out at Appendix 2 to these Shifter Terms.
   

9. CHARGES AND PAYMENT

1. Payment for Jobs will be paid by the Customer and collected by Shift via the relevant Platform in accordance with the Customer Terms and will be remitted to the Shifter in accordance with the Driver Terms.
   
2. If the Customer is using the Shift Platform no payment will be made directly by or on behalf of the Customer to the Shifter nor shall any payment be accepted by or on behalf of the Shifter from the Customer.
   

10. THE SHIFTER’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 Shifter shall comply with clause 6.
   
2. The Shifter 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 Shifter 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:

   1. 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;
      
   2. 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
      
   3. any action taken in controlling, preventing, suppressing or in any way relating to (a) or (b) above.
4. Nothing in these terms shall limit or exclude the Shifter’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.
   

11. WHICH COUNTRY’S LAWS APPLY?

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

12. 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 Shifter and/or Shift.
   
3. Neither the Customer or the Shifter 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 Shifter Terms represents the entire agreement between the Customer and the Shifter and replace any terms and conditions of purchase or supply that you have been provided with previously.
   
7. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.