General Terms and Conditions for Users

Version 2023:1

Last updated: 2023-12-15


Please read these terms and conditions carefully before clicking the ”I Agree” button, downloading or using the Service.

1. Introduction

1.1. These General Terms and Conditions for Users (”Terms”) apply to all digital services and features provided from time to time by Gordon Services AB with company registration number 559016-9750, or any other company within the same group as Gordon Services AB (”GORDON”) to the User (”You” or ”Your”) through GORDON’s applications or tracking links (collectively, ”Platforms”) or websites (”Websites”) (individually referred to as a ”Service” and collectively as the ”Services”).

1.2. The Terms also encompass any other functionalities or services GORDON might offer You (”Additional Services”). The term ”Service” also refers to Additional Services unless expressly stated otherwise in these terms or the specific conditions of the concerned Additional Service. To access these Additional Services, You may agree to their specific terms. Such specific terms may be included directly in these Terms or be disclosed by GORDON to You separately in connection with Your purchase or use of the relevant activities, functionalities, services or products. Any specific terms provided separately will prevail over these Terms in case of a conflict unless otherwise expressly stated.

1.3. These Terms, specific terms, and any other written agreements concerning the Service between You and GORDON collectively form a contract between You and GORDON (the ”Agreement”).

1.4. All obligations, rights, undertakings and liabilities applicable to the Services in these Terms are also applicable to the Platforms and Your use of the same unless the circumstances indicate otherwise.

1.5. By opting to use the Service, You also adhere to these Terms and any other guidelines and instructions that GORDON may provide occasionally. Your responsibility is also to comply with all relevant laws, regulations, and authority decisions when using the Service.

1.6. Please note that these Terms do not cover any purchase conditions. For any purchases made through any of the Services, separate purchase terms will be presented at the time of each transaction.

1.7. Acceptance of these Terms is a prerequisite for Your ability to access and utilise the Services. It should be noted that certain sections of the Terms may not apply to You, contingent upon the specific Services You purchase or use. Unless otherwise agreed upon or specified, Your use of any of GORDON’s Services constitutes acceptance of these Terms.

2. Definitions

2.1. In addition to any terms defined in the running text of these Terms, the definitions below shall have the following meaning when expressed in capital letters as initial letters, whether used in plural or singular, in the definite or indefinite form:

2.1.1. Application: means the software program provided by GORDON downloaded by You through an Application Store’s account to a Device.

2.1.2. Application Store: means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to Your Device.

2.1.3. Content: refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

2.1.4. Device: means any device that can access the Service, such as a smartphone, computer or a digital tablet.

2.1.5. Third Party: refers to someone other than the User or GORDON.

2.1.6. Third Party Services: refers to any services or content (including data, information, applications and other products and services) provided by a Third Party that may be displayed, included or made available by the Service.

2.1.7. User: refers to the individual accessing or using the Service provided by GORDON or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3. Accessing and Managing Deliveries

3.1. Using the Platforms provided by GORDON, You can perform various tasks including:

3.1.1. Viewing Your Upcoming and Past GORDON Deliveries: You can view Your upcoming and past GORDON delivery details, including addresses associated with each delivery. Please note that tracking links are available for seven (7) calendar days before they are automatically deleted. Your delivery history within the Application is automatically deleted after six (6) months and will no longer be accessible.

3.1.2. Setting Preferences and Building Information: You can update Your delivery preferences, edit Your registered building type, and provide specific details such as entry codes, floor levels, and names on doors.

3.1.3. Providing Additional Instructions: The Platform allows You to provide additional instructions or notes to enhance the delivery process.

3.2. Third-Party Relations: These Terms are entered between You and GORDON only, not with the Application Store or any other Third Party. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a Third Party beneficiary relating to Your use of the Application.

3.3. Licence Terms: GORDON grants You a royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Services in accordance with applicable laws and the Terms, as updated from time to time. You may only use the Service on a Device that You own or control and as permitted by the Terms and, if applicable, the Application Store’s terms and conditions.

4. Acknowledgement

4.1. By clicking the ”I Agree” button, downloading or using the Service, You are agreeing to be bound by these terms and conditions. If You disagree with the terms, do not click the ”I Agree” button, and do not download or use the Service.

4.2. GORDON communicates with You through various means, including SMS, push notifications and email. You can opt out of notifications via email and push notifications through the Application settings. You can also decline email marketing by using the link in the email. However, communications regarding the Services are considered an integral part of the Service GORDON provides to You, meaning they cannot be opted out of.

5. Usage Restrictions

5.1. You agree not to, and You will not permit others to:

  • use the Service in a manner causing harm or inconvenience to GORDON or others,
  • use the Service for any purpose other than as allowed under the Agreement, modify, copy, create derivative works of, disassemble, or reverse engineer any part of the Services,
  • remove or alter any proprietary notices, including copyright or trademark notifications of GORDON or its affiliates, partners, suppliers or the licensors of the Service,
  • engage in the commercial exploitation of the Service, including selling, renting, licensing, sublicensing, or distributing it to a Third Party without GORDON’s prior written consent.

6. Your Responsibilities

6.1. You are responsible for:

  • ensuring necessary connections and equipment when using the Service, including a functional internet connection and appropriate Devices and browsers,
  • the accuracy of information provided by You when using the Service,
  • regularly updating and ensuring access to Your contact details, ensuring their accuracy for receiving information from GORDON, and
  • safeguarding personal and user-specific details or Devices used for accessing the Service. If You suspect unauthorised access or misuse, You must limit access to the Service and promptly inform GORDON.

7. Content & Conduct Restrictions

7.1. GORDON is not accountable for the entries, information, or Content of the Service’s Users. You are solely responsible for Your account’s activity. You must:

  • use the Service according to the Agreement and its intended purpose,
  • not transmit unlawful, offensive, distressing, false, defamatory, or objectionable Content to or from the Service.

7.2. Examples of such objectionable Content include, but are not limited to, Content that is:

  • unlawful or promotes unlawful activity,
  • discriminatory or mean-spirited,
  • spam or unsolicited advertising,
  • containing malware or viruses,
  • infringing on proprietary rights,
  • impersonating any entity, including GORDON and its employees,
  • violating any person’s privacy,
  • providing false information.

7.3. GORDON reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with the Agreement to refuse or remove any Content. GORDON further reserves the right to make formatting and edits and change the manner of any Content. GORDON can also limit or revoke Your rights to use the Service if You post any objectionable Content.

7.4. As GORDON cannot control all Content posted by Users and/or Third Parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service, You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable. You agree that under no circumstances will GORDON be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage incurred as a result of Your use of any Content.

8. Intellectual Property

8.1. Rights The Services, including all materials and intellectual property rights related to the Service and its technical solution, are protected by copyright laws and are the exclusive property of GORDON (or its licensors). This encompasses all forms of intellectual property such as trademarks, service marks, trade dress, patents, and other rights relating to the intellectual property present in the Services or accessible through them. These rights are owned solely by GORDON, its licensors, or GORDON affiliate entities.

8.2. The use or exploitation of any part of the Services or the Content available within them is strictly limited to the manner expressly provided for in these Terms unless GORDON has granted specific written consent for any other type of use.

8.3. GORDON maintains complete ownership of the Services and all intellectual property rights within (or its licensors). No rights or ownership are conferred to You over any part of the Services or content. Simply put, the use of the Services does not entail any transfer of intellectual property rights or ownership to You.

8.4. Moreover, any trademarks owned by or licensed to GORDON should not be interpreted as providing You with any licence or right to use said trademarks unless such a right is explicitly given. The display of any trademark within the Services does not imply, either implicitly or otherwise, that a licence or right to use is granted to You.

9. Feedback

9.1. GORDON values Your input and encourages You to share any feedback, comments, ideas, improvements, suggestions, or recommendations regarding the Services with GORDON (”Feedback”).

9.2. By offering Your Feedback, You grant GORDON unrestricted rights to use, adapt, distribute, and act upon such input. This includes any intellectual property contained within the Feedback without any claim to compensation on Your part.

9.3. Any Feedback provided by You to GORDON with respect to the Services shall remain GORDON’s sole and exclusive property.

9.4. GORDON shall be free to use, adapt, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to You.

9.5. Should certain rights remain non-transferable by law, You provide GORDON with a global, royalty-free, perpetual licence to utilise, modify, and derive works from this Feedback without any financial obligations towards You. You commit to aiding, executing, and endorsing any steps to solidify these rights.

10. Additional Services and Changes to the Service

10.1. GORDON reserves the right to introduce and offer Additional Services at any time.

10.2. You will automatically access free Additional Services provided at no cost to You. GORDON may notify You through the Service when such Additional Services are introduced.

10.3. For Additional Services that come with a fee, GORDON may inform You through the Service or any other way determined by GORDON, and it is up to You to decide whether to add them or not.

10.4. Specific terms and conditions may apply to Additional Services.

10.5. GORDON reserves the right to, at any time, modify, suspend or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to You. The features available through the Service may vary in scope and design over time. GORDON continually seeks to develop, expand, restrict, or otherwise alter the design, technical capabilities, system requirements, and other components of the Application and other provided Services, as well as the terms governing these elements.

10.6. GORDON may occasionally provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades and other modifications.

10.7. Updates may modify or delete certain features and/or functionalities of the Service. You agree that GORDON has no obligation to:

(i) provide any updates, or

(ii) continue to provide or enable any particular features and/or functionalities of the Service to You.

10.8. You further agree that all updates or any other modifications will be:

(i) deemed to constitute an integral part of the Service, and

(ii) subject to the terms and conditions of the Agreement.

11. Availability, Maintenance and Support

11.1. GORDON does not guarantee uninterrupted Service or the absence of potential errors, delays, or disruptions. GORDON reserves the right to temporarily suspend the Application and its Services for maintenance purposes, such as bug fixes, general upkeep, and upgrades.

11.2. GORDON does not provide any maintenance or support for the download and use of the Service. To the extent that any maintenance or support is required by applicable law, GORDON shall be obligated to furnish any such maintenance or support.

11.3. To ensure prompt resolution, if You should encounter any issues or discrepancies with the Service, please lodge Your complaint as soon as You detect the problem by email to info@gordondelivery.com. In Your correspondence, ensure You provide Your name, email address, and a concern description. GORDON is committed to addressing and rectifying any valid problems or faults for which GORDON is responsible.

12. Third Party Services, Content and Links

12.1. The Service may display, include, or make available Third Party content (including data, information, applications, and other products and services), or provide links to Third Party websites or services. While GORDON provides these links as a convenience to You, it does not endorse the views or opinions expressed within Third Party sites or social media platforms. You acknowledge and agree that GORDON does not verify, endorse, or assume responsibility for the accuracy, currency, completeness, quality, or legality of any content provided by Third Parties. Furthermore, GORDON is not responsible for the quality or delivery of products or services accessed, obtained, or advertised from external sources.

12.2. Any interaction with Third Party Services, including but not limited to the consumption of content, participation in forums, and purchasing goods or services, will be governed by the respective Third Party’s terms of agreement and privacy policies. GORDON disclaims any liability or responsibility to You or any Third Party related to Your use of Third Party services or reliance on their content.

12.3. Moreover, the integration or the provision of services in connection with Third Party content does not imply control by GORDON over such Third Party services. You must comply with all applicable Third Parties’ terms of agreement when using the Service. GORDON shall not have any liability or responsibility for any direct or indirect loss or damage of any kind which may be incurred as a result of, or in connection with, the use of Third Party services or reliance on any content contained on or available through such external links, whether arising from negligence, breach of contract, defamation, copyright or other intellectual property rights infringement.

12.4. By using GORDON’s Service, You acknowledge that You do so at Your own risk and are responsible for understanding and agreeing to the Third Parties’ terms and conditions before engaging with any external links or Third Party services or content.

13. Privacy Notice

13.1. GORDON collects, stores, maintains, and shares information about You in accordance with GORDON’s External Privacy Notice. By accepting these Terms, You acknowledge that You have read and accept that GORDON’s processing of Your personal data will be conducted in accordance with GORDON’s External Privacy Notice.

14. The Contractual Term and Suspension

14.1. The Terms are effective upon Your acceptance as evidenced by Your use of the Service and shall continue in effect as long as You use the Service.

14.2. GORDON reserves the right to suspend Your access to the Service at any time, including in the event of Your actual or suspected unauthorised use of the Service or non-compliance with the Agreement, without liability or prior notice to You. Additionally, GORDON may suspend Your access to the Services under the following conditions:

a) if You materially violate any provision of these Terms,

b) if Your use of the Services is fraudulent, unlawful, or causes harm to GORDON or any Third Party,

c) to comply with legal obligations or protect against legal risks or

d) as otherwise specified within these Terms.

14.3. Furthermore, GORDON may terminate the Agreement for convenience, such as if it cannot provide or discontinue the Service. In such an event, GORDON will provide written notice of termination, which shall not be effective until at least three (3) months after the notice date.

14.4. Upon termination, all rights granted to You under the Agreement will cease immediately, and You must cease all use of the Service. If applicable, You must also delete the Application and all of its copies from Your Device(s).

14.5. Certain provisions of this Agreement which, by their nature, should survive termination will remain in effect post-termination, including but not limited to, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

15. Indemnification

15.1. You hereby agree to indemnify, defend, and hold harmless GORDON, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if applicable) from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, arising from or related to:

a) Your use of the Service,

b) any breach of this Agreement or any applicable law or regulation by You, or

c) Your infringement or violation of any rights of a Third Party.

16. No Warranties

16.1. The Service is provided to You on an ”AS IS” and ”AS AVAILABLE” basis, encompassing all inherent faults and imperfections, devoid of express or implied warranties. To the maximum extent permitted under applicable law, GORDON, on its behalf and behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, concerning the Service. This encompasses, but is not restricted to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties potentially arising from dealings, performance conduct, or trade usage.

16.2. GORDON neither proclaims nor undertakes any obligation that the Service shall align with Your stipulations, realise specified outcomes, be congruous with or function in conjunction with any other software, applications, systems, or services, run persistently, adhere to any performance or reliability criteria, remain devoid of errors or that potential malfunctions or imperfections will be rectified.

16.3. Furthermore, neither GORDON nor its providers vouch for or represent in any manner:

(i) the operational consistency or availability of the Service, inclusive of its content, materials, or associated products,

(ii) the Service’s uninterrupted or flawless operation,

(iii) the precision, dependability, or up-to-date nature of any data or content accessed via the Service, or

(iv) the assurance that the Service, its servers, its content, or communications emanating from or represented by GORDON will remain uncontaminated by viruses, scripts, trojan horses, worms, malware, timebombs, or other detrimental elements.

16.3. Some jurisdictions may not allow the exclusion of particular warranties or the imposition of limitations on statutory rights pertinent to consumers or individuals for whom GORDON is the personal data controller for the specific processing. Consequently, some or all stipulated disclaimers and limitations might not be relevant to You. However, in such contexts, the disclaimers and limitations expressed in this clause will be executed to the fullest permissible degree in line with the pertinent law. To the extent any warranty exists under law that cannot be disclaimed, GORDON, not the Application Store, shall be solely responsible for such warranty.

17. Limitation of Liability

17.1. GORDON is responsible for the information security of the Service.

17.2. GORDON is not liable for any damages arising from incorrect information You provide, Your improper management of the Service, or Your mishandling of information required to access the Service.

17.3. To clarify, GORDON holds no liability to You for any late deliveries, cancelled deliveries, damaged parcels, or lost parcels. In these instances, Your recourse is determined by Your agreement with the merchant that You have purchased the delivered goods from. The merchant is responsible for fulfilling the delivery per the terms established between You and them.

17.4. GORDON will only compensate You for substantiated and reasonable costs that directly result from negligence on GORDON’s part. However, GORDON will not compensate for indirect expenses, damages, or losses, such as missed profits or consequential damages, unless GORDON acted intentionally or with gross negligence.

17.5. Notwithstanding the foregoing, GORDON’s total liability towards You during each twelve months is limited to an amount equivalent to one-fourth (25%) of the prevailing price base amount according to the Swedish Social Insurance Code (2010:110).

17.6. You must claim compensation to GORDON within three (3) months after discovering the damage or when it should have been discovered. Failure to do so results in a forfeiture of Your right to make the claim.

17.7. Some jurisdictions do not allow the exclusion of certain types of limitations on applicable statutory rights of a consumer or an individual for whom GORDON is the personal data controller for the specific processing, so some or all of the above limitations may not apply to You. But in such a case, the exclusions and regulations outlined in this section shall be applied to the greatest extent enforceable under applicable law.

18. Force Majeure

18.1. GORDON is exempt from liability or any other responsibility if damage or failure to act results from an unforeseen obstacle beyond GORDON’s control, which GORDON could not reasonably have anticipated and whose consequences GORDON could not reasonably have avoided or overcome. This includes, but is not limited to, events such as war, natural disasters, lockouts or other labour disputes, fires, disruptions in energy supply, and interruptions in electronic data processing caused by the abovementioned events. The same applies if a subcontractor to GORDON is affected by obstacles described in this section.

19. Severability

19.1. Suppose any provision of the Agreement, or part thereof, is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

20. Waiver

20.1. Except as provided herein, the failure to exercise a right or to require the performance of an obligation under the Agreement shall not affect a Party’s ability to exercise such right or require such performance at any time after that, nor shall the waiver of a breach constitute a waiver of any subsequent breach, unless otherwise expressly stated.

21. Product Claims

21.1. GORDON does not make any warranties concerning the Service. Should You encounter any issues stemming from or connected to Your utilisation of the Service, it is GORDON’s responsibility to manage such claims. These may encompass, without limitation: (i) claims of product liability, (ii) allegations of the Service’s non-compliance with legal or regulatory standards; and (iii) claims deriving from consumer protection laws or equivalent regulations.

22. Changes to the Terms

22.1. GORDON reserves the right, at its sole discretion, to make changes or additions to the Agreement at any time. If a change is material, GORDON will provide at least thirty (30) calendar days’ notice before any new terms take effect. This notification may be done by sending an email to Your provided email address or through in-Service messages (for example pop-up messages or messages through push notifications). What constitutes a material change will be determined at the sole discretion of GORDON. Any material changes to the Agreement will be effective from the date mentioned in GORDON’s notice, and all other changes will take effect from the date of their publication. However, GORDON always retains the right to immediately implement changes or additions necessitated by laws, regulations, or authoritative decisions. If You use the Service after the effective date of any changes, that use will constitute Your acceptance of the changed terms and conditions. If You do not agree to the new terms, You are no longer authorised to use the Service.

22.2. The latest version of the Terms can always be found on this webpage.

23. Assignment and Subcontractors

23.1. You may not transfer the Agreement or Your rights and/or obligations under the Agreement without the prior written consent of GORDON.

23.2. GORDON is entitled, without Your consent, to wholly or partially assign the Agreement, or its rights and obligations under the Agreement, to any company within the same group as GORDON or to a Third Party who, either directly or through a subcontractor, can reasonably be expected to fulfil its obligations under the Agreement to a satisfactory extent.

23.3. GORDON has the right to engage subcontractors to fulfil its commitments under the Agreement. In such cases, GORDON remains fully responsible for the subcontractor’s performance of its duties.

24. Applicable Law and Dispute Resolution

24.1. The Agreement is governed by Swedish law, excluding its conflict of laws principles.

24.2. For disputes arising between GORDON and Users who are utilising the Application or other Services for personal (non-commercial) purposes, the following provisions shall apply:

24.2.1. Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination, or invalidity thereof, shall be resolved by the general courts of Sweden unless applicable mandatory laws dictate otherwise.

24.2.2. As a consumer, You can approach the Swedish National Board for Consumer Complaints (ARN) for alternative dispute resolution. They can be reached via their website (www.arn.se) or at their postal address: Allmänna Reklamationsnämnden, Box 174, 101 23 Stockholm.

24.2.3. The Consumer Ombudsman (ko.se) is another avenue available to You for assistance.

24.2.4. For consumers residing in an EU country outside of Sweden, the European Commission offers a digital platform for dispute mediation, which can be accessed at http://ec.europa.eu/consumers/odr.

24.3. For disputes that arise between GORDON and the legal entity represented by a User who is utilising the Application or other Services for commercial (non-personal) purposes, the following provisions shall apply:

24.3.1. Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the SCC Arbitration Institute (the ”SCC”).

24.3.2. The Rules for Expedited Arbitrations shall apply unless the SCC, in its discretion, determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal comprises one or three arbitrators. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English. The substantive law of Sweden shall govern this contract.

24.3.3. The arbitration proceedings and all information arising from the arbitration shall be considered confidential and subject to confidentiality without any time limitations. The Parties shall not disclose the existence or content of the arbitration award concerning the Agreement or any information regarding negotiations, arbitration proceedings, or mediation taking place in connection with this unless otherwise required by applicable law, other regulations, regulatory authorities, stock exchange rules, or market standards, or if necessary for the enforcement of a judgement. However, a Party is not prevented from disclosing information about the dispute, including the terms of the Agreement, to professional advisors bound by confidentiality obligations regarding all information disclosed, if necessary, to effectively assert its rights in connection with the dispute. If a Party is obligated by law, regulation, regulatory authority decision, or equivalent to disclose information covered by confidentiality under this provision, the Party shall not be prevented from making such disclosure.

25. Contact Us

If You have any questions about these Terms, contact GORDON by email: info@gordondelivery.com.


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