These Terms & Conditions (“Terms”) apply to you if you subscribe to a Gopuff FAM account. These do not replace the Terms and Conditions of Service (which relate to the services we supply (“Services”) and your Gopuff account) or the Gopuff Terms of Use for Website and Applications (which apply to your use of our Website and Apps), each of which will continue to apply except to the extent these Terms vary them.

We know these Terms are quite long to read! You can find a summary in the Gopuff Customers FAQ in our help center.

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The Customer FAQ should not be used as a substitute for reading these Terms.

In these Terms, we draw your attention in particular to:

• Section 5 (FAM Subscription Period), which explains that FAM subscriptions automatically renew at the end of each FAM Subscription Period until your FAM subscription is cancelled; and

• Section 11 (Our responsibility for loss or damage suffered by you), which explains how we limit our liability to you.

1. Gopuff FAM

• Gopuff FAM is a customer programme (“FAM”) offered to all Gopuff users (“Users”) through subscription. If you subscribe to FAM, you are a “FAM User”. FAM entitles FAM Users to place orders without paying an additional delivery fee, and to access exclusive discounts and offers that may be available from time to time.

• Subscribers to FAM do not have to pay an additional delivery fee on any orders placed through the Gopuff App or website within the Gopuff UK Delivery Network. Gopuff FAM may from time to time also offer selected FAM Users other types of benefits at its discretion (for example, partner offers, special promotions, memberships, or services) which may among other things depend on the FAM User’s location and/or frequency of use of the Service.

• Occasionally we may make changes to FAM including the benefits available to you and/or these Terms. We will communicate any material changes to you prior to being implemented via email or by displaying a prominent notice on our Service (“Change Communication”). We will usually give at least 30 days’ notice of any material change we intend to make to FAM and/or these Terms, except that if a change is required to be made on a shorter timeframe or immediately to comply with applicable law or regulation, we will give you as much notice as possible in the circumstances. We will take your continued use of our Service following receipt of our Change Communication as acceptance of the relevant change. We recommend reading all Change Communications that we send you carefully.

• If we make a material change to FAM and/or these Terms that has a material adverse effect on you, you may cancel your FAM subscription with immediate effect at any time within the period of 30 days from the date of our Change Communication. In these circumstances, you will immediately cease to receive the benefits of FAM and we will make a pro-rata refund of the FAM Fee, calculated by reference to the number of full days remaining in the current FAM Subscription Period.

2. Eligible Users and Eligible Orders 

Eligible Users

To become and continue to be a FAM User you must be an “Eligible User”, which means that you must meet the following criteria when you sign up for FAM benefits and you must continue to meet those criteria throughout your FAM subscription:

You must:

• be 18 years of age or over;

• be a legal resident, ordering to an address within a Gopuff Delivery area;

• be a private consumer and not a business (you are a business user if you want to use our Services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual);

• have a valid credit or debit card saved on your profile; and

• comply with any other criteria communicated to you at the time of signing up. 

If it has been determined by Gopuff that you do not comply with the above criteria, but you believe that you do, you should contact the Customer Services Team by emailing support.uk@gopuff.com. 

Eligible Orders

FAM Users do not have to pay any additional fees for delivery on Eligible Orders. ”Eligible Orders” are:

• orders placed by a FAM User with an active FAM subscription;

• orders that meet any applicable minimum order values as communicated to you at the time of placing orders through the Service. If an order does not meet the relevant minimum order value, you may have to pay a small order fee as set out at the time of placing an order. Minimum order values and small order fees vary from time to time depending on a number of factors and may differ across the Gopuff Delivery Network. 

Fraudulent Activity

A FAM subscription must only be used by the individual FAM user. You must limit your Gopuff account to your personal use, and not share your Gopuff account details with any third party at any time during your FAM subscription. 

We use a number of measures to monitor customer fraudulent order activity and compensation abuse. If we reasonably suspect that you are engaging in fraudulent activity and/or compensation abuse and/or if you are in breach of these Terms and/or any other Gopuff terms and conditions that apply to you (including without limitation the Gopuff Terms of Service and the Gopuff Terms of Use for Website and Applications), we may:

• suspend and/or terminate your FAM subscription; and/or

• suspend and/or deactivate your Gopuff account.

If we terminate/suspend your FAM subscription part-way through your FAM Subscription Period for the reasons set out above, then depending on the circumstances, you may not be eligible for a pro-rata refund (i.e. we may retain any FAM Fees you have paid in advance).  

3. To Sign Up

Eligible Users can sign up for FAM through our Service, including by:

• either logging into the “Account” or “FAM” section of your profile and following prompts to sign up to FAM;

• selecting a prompt message relating to FAM which is displayed after you have placed an order through our Service;

• tapping certain promotional prompts to receive details (including pricing details) about FAM; or

• following links from the FAM landing page.

4. FAM Fees

Users can subscribe to FAM for a fee which will be communicated at the time of subscribing (“FAM Fee”). 

If you signed up for a FAM subscription with a Free Trial Period (“Free Trial Period”), you will not be charged the applicable FAM Fee for the duration of the Free Trial Period. After the Free Trial Period ends, you will be charged the FAM Fee at the relevant intervals communicated to you during the sign-up process for the remainder of your FAM Subscription Period in accordance with Section 6 (Payment and Billing). 

If you switch from an existing FAM plan, to an alternative FAM plan type (when/where available), your FAM Subscription Period may change when you move onto the new FAM plan. Any changes to your FAM Subscription Period will be communicated to you when you change FAM plans and in the “FAM Membership” section of your “Account”. 

Gopuff reserves the right to change the monthly and/or annual FAM Fees at any time. If we decide to amend the FAM Fee, we will provide at least 30 days' notice to you of the new FAM Fee and the date on which the new FAM Fee will take effect. The new FAM Fee will take effect from the start of your next FAM Subscription Period following this 30 day notice period unless otherwise communicated by us. You will be given the opportunity to cancel your FAM subscription if you do not agree to the new FAM Fee. If you do not cancel your FAM subscription, you will be deemed to have accepted the FAM Fee change.

You acknowledge that you may be required to pay small order fees and other fees applicable to FAM orders in accordance with the Terms of Service.

5. FAM Subscription Period

Your FAM subscription period (“FAM Subscription Period”) will be communicated and chosen by you at the time of subscribing. 

You will receive an email prior to the end of the current FAM Subscription Period notifying you that your subscription will be automatically renewed for an additional FAM Subscription Period. Subscriptions will automatically renew at the end of each FAM Subscription Period until your FAM subscription is cancelled (by you) or terminated (by us) in accordance with these Terms. Your first FAM Subscription Period will start on the day you sign up, or, if you are offered and eligible for a Free Trial Period, the day immediately following the date on which your Free Trial Period expires (“Start Date”). 

6. Payment and Billing

• Payment Method: Payment for FAM must be made by a credit or debit card saved on your profile through our Service, or such other payment method made available by Gopuff ("Payment Method"). 

• Recurring billing: You authorise us to take payment using the Payment Method registered to your profile at the time the payment is due, without the need for you to re-enter your payment details each time. If you update your Payment Method, you authorise us to take all future payments using the new Payment Method without requiring you to re-enter your payment details. If you have multiple payment methods on your profile, when you sign up, you will be notified as to which Payment Method will be charged with the applicable FAM Fee.

• Payment options: Any payment options we have available will be communicated to you at the time you sign up for a FAM subscription.

• Editing/Changing Payment Method: For some payment methods, you may edit/change your Payment Method by logging into either the Gopuff Website or App and selecting “Account” and then “FAM Membership”. You cannot delete a Payment Method associated with your FAM account, unless you replace it with another Payment Method. To do this, you must first add a new Payment Method to your Gopuff account and then replace the existing Payment Method associated with your FAM account with the new Payment Method. Alternatively, you can cancel your FAM subscription and following such cancellation you will be able to delete your Payment Method. If you added the Payment Method to your account when you signed up to Gopuff, it will be automatically removed when you cancel.

• Failed Payment: If payment of the applicable FAM Fee is not successfully settled, due to expiration of your Payment Method, insufficient funds or otherwise, and you do not edit the Payment Method information within 24 hours of being notified of a failed payment Gopuff reserves the right to suspend or terminate your FAM subscription. You will remain responsible for any uncollected amounts. If we cannot charge you, we reserve the right, but are not obligated, to terminate your access to our Service or any portion of it.

• Billing: Your first FAM Fee will be charged on the Start Date and you will then be charged a FAM Fee at the start of each FAM Subscription Period.

• Refunds: FAM Fees are non-refundable, except in the following exceptional circumstances: if we notify you in a Change Communication that you are entitled to a refund, if you cancel your FAM Subscription in accordance with the provisions below and we subsequently take payment of the FAM Fee from your Payment Method; if you exercise your legal right to change your mind and cancel your FAM membership within the 14 day cooling off period (see Section 8 (Your Right to Cancel)); or if your FAM Subscription is cancelled prior to the end of a FAM Subscription Period for which you have incurred a charge, due to your relocation to a country outside of the United Kingdom, disability or death.

7. Managing Your FAM Account

All information relating to your FAM membership will be contained in the “Account” section of your profile under “FAM Membership”. From here, you will be able to view the remaining time on your Free Trial Period, cancel your FAM membership and update your Payment Method.

8. Your Right to Cancel

Legal Right to Change Your Mind 

• You have a legal right to change your mind and cancel the purchase of your FAM subscription within 14 days without giving any reason. This cooling off period starts on the day that you signed up for the FAM subscription (whether on a free trial or paid subscription) and ends 14 days after that date. For example, if you signed up on 1 January, the cooling off period would end at the end of the day on 15 January. 

• To exercise the right to change your mind and cancel your FAM subscription, you must inform us of your decision by a clear statement before the end of the 14 day cooling off period. 

• To meet the deadline, it is sufficient for you to send your communication telling us you wish to cancel before the cooling off period expires. The easiest way to do this is to use the option within the “Account” and “FAM Membership” area of your profile or to inform our Customer Support Team by email (at support.uk@gopuff.com). However, you can also tell us by any other clear statement or by completing and returning the cancellation form at the end of these Terms, but this is not obligatory. 

• If you cancel your FAM subscription during the 14 day cooling off period, all benefits will cease immediately and we will reimburse what you paid for your FAM subscription without undue delay and in any case no later than 14 days after you told us that you wanted to cancel. 

• All refunds will be made to your original Payment Method unless you have expressly agreed otherwise, but in any case, you will not incur any fees as a result of the cancellation. 

Cancelling a free trial 

• You can cancel a free trial at any time during the free trial by using the option within the “Account” and “FAM Membership” area of your profile or by informing our Customer Support Team by email (at support.uk@gopuff.com). 

• If you cancel a free trial, your FAM subscription and all benefits will cease immediately. 

Cancelling if you are not on a free trial and you are outside the 14 day cooling off period

• If you are not on a free trial and you are outside the 14 day cooling off period, you may give notice to terminate your FAM subscription at any time and cancellation will become effective at the end of your current FAM Subscription Period. This means you will continue to enjoy the benefits of your FAM subscription for the remainder of your FAM Subscription Period and no refund will be due to you. 

• To give notice to cancel your FAM subscription, you can use the option within the “Account” and “FAM Membership” area of your profile or you can inform our Customer Support Team by email (at support.uk@gopuff.com). 

Cancelling if there is a problem with your FAM subscription

• The above cancellation rights do not affect the rights you have if there is a problem with your FAM subscription. 

• If you have a problem with your FAM subscription, please contact our Customer Support Team by email (at support.uk@gopuff.com) and we will let you know what to do next. 

9. Our Right to Cancel

You agree that Gopuff, in its sole discretion, may terminate, deactivate and/or suspend any account (or part thereof) you may have with us if:

• You are not, or you cease to be, an Eligible User;

• You breach these Terms (including if you fail to make payment to us when due) or any other Gopuff terms and conditions that apply to you (including without limitation the Gopuff Terms of Service and the Gopuff Terms of Use for Website and Applications);

• we suspect you are engaging in fraudulent activity (as described in Section 2 (Eligible Users and Eligible Orders)); 

• we are required to do so to comply with applicable law or regulation; or

• we decide to discontinue the FAM subscription service.

We will try to give you reasonable notice if we intend to terminate, deactivate and/or suspend your account for the reasons set out above, but we may do so immediately, without notice, where there is a real risk of loss or harm to us or other Users by letting your use of the FAM subscription or our Services continue

In the event that Gopuff terminates, deactivates and/or suspends your account part-way through your FAM Subscription Period because we are required to do so to comply with applicable law or regulation or because we decide to discontinue the FAM subscription service, Gopuff will reimburse your FAM Fee on a pro-rata basis. If Gopuff terminates you account for other reasons, you may not be eligible for a pro-rata refund (i.e. we may retain any FAM Fees you have paid in advance). 

10. Free / Limited Time Trial Offers

• Trial Offer Availability: From time to time, we may offer a no payment, fixed period, trial of our FAM subscription (“Free Trial Period”) to some Eligible Users. These Terms apply for each trial offer. 

• Trial Upgrade Availability: From time to time, we may offer new or existing Eligible Users the opportunity to trial a complimentary upgrade to a higher tier of the FAM program for a certain period (“Free Trial Upgrade”). These Terms apply for each trial offer. The Free Trial Upgrade fixed period (“Free Trial Upgrade Period”) is intended to allow new members and certain former members to try an alternative tier of FAM.

• End of Free Trial Period: At the end of the Free Trial Period or Free Trial Upgrade Period, if you have not cancelled the free trial, you will automatically move onto a paid FAM subscription and you will be required to pay the FAM Fees applicable for the tier to which you have subscribed as set out in Section 4 (FAM Fees). You can cancel the trial offer at any time and avoid moving onto a paid subscription – see Section 8 (Your Right to Cancel) for more information. 

• Restrictions: If you cancel a FAM subscription at any time in the future, any future subscription to FAM that uses the same Gopuff account, phone number, or credit card associated with a previous FAM subscription may not be eligible to receive an additional Free Trial Period, except in Gopuff's sole discretion. If you have signed up to a free trial FAM subscription, you also may not be eligible to receive an additional Free Trial Period, except in Gopuff's sole discretion.

• Providing mobile unique number: You will need to provide us with a unique valid mobile phone number. By providing this number you consent to us sending you a one-time verification code which you will be asked to provide back to us as part of the registration process and in order to activate the trial offer. If you do not have a valid mobile phone number you will not be able to participate in our trial offer. We will only be able to accept a mobile phone number on one (1) occasion as a means of validating a trial offer. Failure to provide a valid mobile phone number will result in your request to participate in the trial offer being declined. Please note that while we do not charge you for the SMS, your mobile standard messaging rates may apply. If you have any questions regarding privacy, please read our privacy policy at: https://legal.gopuff.com/policies/en/?name=uk-gopuff-privacy-notice for more information about how we use any personal data you give us.

• We reserve the right, in our absolute discretion, to withdraw or to modify our free trial offer at any time without prior notice and without liability, to the greatest extent permitted under law. If we exercise our right to withdraw or modify our free trial offers, this will not affect any existing free trial you may have.

11. Our Responsibility for Loss or Damage Suffered by You  

We are responsible to you for foreseeable loss and damage caused by us. We have a legal duty to provide goods and services that are in conformity with the contract. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or not caused by us breaking these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to these Terms, both we and you knew that it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation and liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.

We are not liable for business losses.  We only allow consumers to become FAM Users. If you are a business and sign-up to become a FAM User in breach of these Terms, we will have no liability to you for any business-related losses, including (without limitation) loss of profit, loss of business, business interruption, anticipated savings, wasted expenditure or loss of business opportunity.

12. Other important terms

Personal data. Your privacy is important to us. We will collect, store and process your personal data in accordance with our Privacy Notice. Please read this document carefully to ensure that you understand how we use your personal data.

Disputes. If you have a dispute with us, you may request that alternative dispute resolution (“ADR”) is used. ADR is a process for resolving disputes between you and us that does not involve going to court. We will provide you with the name and website address of an ADR provider that would be competent to deal with your issue. If you make a request for the dispute to be settled by ADR, we will consider whether or not we wish to participate in ADR, but we are not obliged by law to participate. If you do not wish to use ADR, or you are unhappy with the outcome of ADR, you can still bring court proceedings. 

Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law, and you may bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or English Courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English Courts.

No Third-Party Rights. These Terms are between you and us. No other person shall have any rights to enforce any of the provisions in these Terms. Neither of us will need to get the agreement of any other person to end the Terms or to make any changes to the Terms. 

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.  We may transfer these Terms to someone else.  We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.

Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

If a court finds part of these Terms illegal, the rest will continue in force. Each Section of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.

Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To: GoBrands UK Holdings Ltd 

Address: 48 Hoxton Square
London
N1 6PB

Email address:support.uk@gopuff.com  

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

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It is not obligatory to use this Cancellation Form. It is easiest and quickest to simply use the cancellation option within the “Account” and “FAM Membership” area of your profile or to inform our Customer Support Team by email (support.uk@gopuff.com). If you do wish to use this Cancellation Form, please send it to us using the contact details set out at the top of this Cancellation Form.