Terms and Conditions of Use
Last Updated: January 19, 2021
Thank you for using Ship4u. These website terms and conditions of use for www.Ship4u.ca constitutes a legal agreement and are entered into by and between you and Ship4u Logistic Inc. (“Company“, “Corporation”, “we,” “us,” “our“, or “Ship4u”). The following terms and conditions ,together with our Privacy Policy and if you are a Driver, together with our Driver’s Agreement, (collectively, referred herein as “Terms and Conditions“, or “Terms”), govern your access to and use, including any content, functionality, and services offered on or through www.Ship4u.ca (the “Website“).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. These Terms and Conditions are a binding contract that governs your use of our Website, and our services, limits liability of the Corporation and other persons, specifies the jurisdiction for resolution of disputes, and contains other important provisions.
1. Acceptance of the Website Terms and Conditions
1.1 BY USING THE WEBSITE AND/OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
1.2 By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company. If you do not meet this requirement, you must not access or use the Website.
2. Modifications to the Terms and Conditions and to the Website
2.1 We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
2.2 The Website and the information and material on this Website, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason any or all parts of the Website is restricted to users or unavailable at any time or for any period.
3. HOW SHIP4U WORKS
3.1 The Ship4uWebsite is a service platform that connects you with a team of professional drivers (the “Driver(s)”). Drivers will be picking up and delivering your orders safely and quickly (the “Services”). If you wish to become a Driver, you and your vehicle must first be qualified by us to become a Driver. You may click here for further information on Driver’s Agreement. You can use our Website to arrange and schedule pick up and delivery services with Drivers. If you are a vendor, you may register your business to partner up with Ship4u to have your orders picked up by Drivers for delivery to your customers. If you are interested in partnering up with Ship4u for delivery of your products to your customers, please contact info@ship4u.ca or contact us on the number provided on our Website.
3.2 Our Services are designed to calculate the shortest route for your delivery to save cost and improve efficiency. You understand and agree that You will receive real-time SMS notification when the order is completed. When you put in an order for a Driver, you are expressly consenting to receive SMS/ text messages on behalf of Ship4u which such message shall include information about your order and delivery. The text shall include a link where you may click to be directed to a map page with real-time tracking information on where the Driver is located at the time. We shall continue to keep you posted through SMS notification on your delivery’s whereabout followed by a final text confirmation that your item has been delivered. Please note that if you change your telephone number as provided to us, all SMS notifications from us may be deactivated. Our main goal is to make delivery easier, more efficient, and less stressful for you. Your use of the Website and our platform is at your own risk and the Corporation has no responsibility or liability whatsoever for your use of the Website, its content, and its Services.
3.3 We do not charge a fee for the SMS notification services noted above; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your use of the SMS notification services. Furthermore, the SMS notification may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. Such SMS notifications may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.
3.4 License. Subject to your compliance with these Terms, Ship4u grants you a limited, non-exclusive, non sublicensable, revocable, non-transferable license to: (i) access and use the platform on your device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case for your personal, and commercial use. Any rights not expressly granted herein are reserved by us and our licensors.
3.5 By using our Services you acknowledge and agree that Ship4u is merely an online platform connecting you with Drivers who are independent contractors and are ready, willing and able to pick-up and deliver the products already ordered by you from a third-party vendor, from a designated location. You hereby understand, acknowledge, and agree that any fault, defect, damage or wear and tear in the delivered product shall not be the responsibility and obligations of Ship4u as we are merely a third-party service provider putting you in touch with the Drivers. In an event there are any fault, defect, damage or wear and tear in the delivered product which has been proven to have been caused due to the gross negligence or willful misconduct of the Driver, the Driver shall be responsible for any ensuing liability and obligations owed to you as a result of their gross negligence and/or willful misconduct. We will offer our best efforts to arrange for communication between you and the Driver and assist in opening an investigation into your matter if such an event regretfully occurs, however this is the limit and extent of our involvement in such matters. Your use of the Services is at your own risk and subject to disclaimer of warranty (Section 13) and the limitation of liability (Section 14) provisions of these Terms and Conditions.
4. Your Use of the Website and Set-Up and Security
4.1 Users (referred to you and any such other person accessing this Website), are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a user’s account are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.
4.2 In order to use the Services offered by us, you have two options. (1) Your first option is to click on the “order now” tab on our Website. Through this tab you will be able to choose the appropriate type of vehicle you seek to pick up your intended item for delivery. You will then need to provide your personal information to us (subject to our Privacy Policy) to place your order. You must provide information including your name, address, contact information, description of your product/ package that is to be picked up and the address to which the package/ product is to be delivered to. You will be able to upload any pictures or relevant documents pertaining to your package and determine the pickup time. (2) Your second option is to register for and maintain a personal account (“Account”). You must be at least 18 years of age, to obtain an Account. Account registration requires you to submit to us certain personal information, such as your name, address, and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and delay in using the Services. You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Under both option (1) and option (2), you represent and warrant that: (a) all required information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. If you wish to delete your Account with us at any time, for any reason, you may email us at info@ship4u.ca to request for your Account and information to be deleted.
4.3 Your password protects your Account, and you are solely responsible for keeping your password confidential and secure. You understand that you are solely responsible for all use (including any unauthorized use) of your username and password for the Services. You shall use all reasonable means to secure your username and password. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your Account by a third party, you must notify us immediately and change your password as soon as possible. You acknowledge that use of your Account on our Website by any person other than you may constitute a material breach of these Terms and Conditions.
4.4 You may not use the Account which does not belong to you without first seeking permission from the account holder and second to notify us immediately of such use. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4.5 You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., you may not use the Services for pick up and delivery of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the vendors who have partnered up with Ship4u, Drivers or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
4.6 We confirm that your Account information may be stored by a third-party service provider and as such in addition to our Privacy Policy, please be advised that your personal information will be further subject to the privacy policy of this third-party service provider which you may access here.
4.7 Any piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when putting an order or accessing your Account from a public or shared computer so that others are not able to view or record your personal information.
4.8 You are prohibited from attempting to circumvent and violate the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website or obscure any copyright, trademark, patent or other notices that appear on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial of-service attack, flooding, mailbombing or crashing; (i) decompile, reverse engineer, or disassemble the Website or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, files formats or programming interfaces of the Website, (j) jam our Website’s booking system by putting in fake orders and reserving all available Drivers and subsequently sabotaging our Services to other users and (k) otherwise attempt to interfere with the proper working of the Website.
5. Payment
5.1 You shall pay the fee for each order you put in, in advance and at the time of booking or through your Account (the “Charges”). By reserving a pickup time and putting in an order, you agree for your payment method to be charged for the full amount of the Charges prior to the actual pick-up time. All Charges are due immediately and payment will be facilitated using the preferred payment method designated in your Account, after which Ship4u will send you a receipt by email.
5.2 Charges will be processed through card payments. For card payments, we use third-party payment processor PayPal and OTT Pay, to effect charges onto your debit or credit card. By putting in an order and providing your card information, you consent to the collection and use of your information (including, if applicable, personal information) by PayPal or OTT Pay (depending on your selection) as necessary to process your payments. You acknowledge and agree that in addition to our Privacy Policy, your personal information, and the use therein, shall be subject to the privacy policy of any such third-party service provider. You may visit PayPal’s privacy policy and terms and conditions by clicking here. You may visit OTT Pay’s privacy policy and terms and conditions by clicking here.
5.3 We reserve the right to change, or to stop accepting any permitted payment method at any time in our sole discretion.
5.4 All payments made through our Website will be in Canadian dollars.
5.5 You agree and understand that we may charge your payment card for any order made and for any additional amounts (including any taxes) as may be applicable in connection with our Services. You understand and agree that if a Driver arrives at the pick-up destination and it is determined that the description provided by you did not sufficiently describe the package in terms of weight, length, or any other applicable determinative factor, you shall be notified immediately upon determination of such event and that you must place an order with another Driver having a suitable vehicle to pick up and deliver your item. You understand and agree that if such an event occurs, you are not entitled to a refund of your earlier pick-up order which has been determined to not be suitable for the item for delivery. Ship4u shall have no obligations to issue any refunds under such circumstances.
5.6 YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHODS USED TO PAY THE CHARGES .
5.7 Ship4u does not make any representation or render any advice as to the potential tax implications of any payments made via the Website, and you should consult your tax professional with regards to the same.
5.8 Cancellation and Refund Policy. We have no obligation to provide refunds or credits you. However, if you cancel your order for pick up, you are entitled to receive a refund in accordance with the followings:
▪ If you have cancelled your order more than 5 hours in advance, you will be entitled to receive a full refund of the Charges minus an administrative charge of $10.00;
▪ If you have cancelled your order in less than 5 hours before the scheduled time for pick up, you shall not be entitled to receive any refunds for the Charges paid.
6. Intellectual Property Rights and Ownership
6.1 You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Corporation, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
6.2 The Corporation’s name and logo, and all related names, product and service names, designs, images and slogans are trademarks of the Corporation or its affiliates or licensors. You must not use such marks without the prior written permission of the Corporation. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
6.3 You may only use the Website for your personal use. IF you are a vendor, you may use the Website for your commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except that your computer and browser may temporarily store or cache copies of materials being accessed and viewed.
6.4 If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Corporation. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.
7. Conditions of Use and User Submissions
7.1 As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
7.2 Without limiting the foregoing you warrant and agree that your use of the Website and our Services offered through our Website and any order you put through our Website shall not:
a) Include sending, knowingly receiving, or ordering for pick up and delivery any item that is founded to be illegal under any applicable federal, provincial or municipal law, including but not limited to drugs of all classes or weapons of any and all classes, in violation of these Terms and Conditions and in violation of any applicable federal, provincial or municipal law;
b) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
d) Involve stalking, attempting to exploit any individual/ Drivers or harm minors in any way by exposing them to inappropriate content or otherwise ask for personal information;
e) Involve, provide or contribute any false, inaccurate or misleading information;
f) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that may be in violation of any applicable copyright laws, privacy policies or these Terms and Conditions;
g) Impersonate or attempt to impersonate the Corporation, a Driver, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
h) Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
i) Include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Corporation or users of the Website or expose them to liability;
j) Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
k) Promote any illegal activity, or advocate, promote, or assist any unlawful act; or
l) Give the impression that you originate from or are endorsed by us or any other person or entity, if this is not the case.
7.3 Ship4u shall have the right to shutdown Accounts or any related account (s) if Ship4u suspects that such account is being used in a fraudulent manner to put in orders through the Website. Ship4u has a zero tolerance fraud policy and it is your sole responsibility to secure your account at all costs and by all means necessary.
8. Hyperlinks and Third-party
8.1 Any link (including a hyperlink, button or referral device of any kind) used throughout these Terms and Conditions or provided through offering of our Services, is provided for your use and convenience. The appearance of an external link does not constitute an endorsement, recommendation, or certification by Ship4u, nor should the presence of a link in any way be construed as a suggestion that any third-party the website has any relationship to Ship4u. Ship4u does not recommend or endorse the content on any third party websites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
8.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We shall have no responsibility or liability for any content appearing on our Website. The information accessed through our Website is provided on an as-is basis and we do not guarantee the validity, accuracy or fitness of such information. You agree to indemnify and defend us against any and all claims arising out of or based upon your use of the Website.
9. Site Monitoring and Enforcement, Suspension and Termination
9.1 We have the right, without provision of notice to:
• Remove or refuse to post your reviews, if any has been made about our business or our Website;
• At all times, to take any such actions, deemed necessary or appropriate in our sole discretion with respect to the booked orders, including without limitation, for violating the Website or our Terms and Conditions;
• Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using our Website or our Services; and
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
9.2 YOU WAIVE AND HOLD HARMLESS THE CORPORATION AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE CORPORATION AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
10. No Reliance
10.1 The content on our Website is provided for general information purposes only. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and the Corporation has no responsibility or liability whatsoever for your use of the Website and its content.
10.3 This Website may include content provided by third parties, including from other users and third party licensors. All statements and/or opinions expressed in any such third-party content, other than the content drafted by the Corporation, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Corporation. The Corporation is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials or the use of such content.
11. Privacy and use of cookies
11.1 Any user information will be deemed our property and your submissions and use of our Website constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for your use of the Website and our provision of services.
11.2 By using this Website, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze Website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.
12. Geographic Restrictions
12.1 The owner of the Website is based in the Province of Ontario in Canada and it is currently designed to provide the Services to all users located within the Greater Toronto Area. All disputes are governed by the provisions as set forth in Section 16 of these Terms and Conditions.
13. Disclaimer of Warranties
13.1 YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SHIP4U AND ITS DIRECTORS, AFFILIATES, OFFICERS, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER THE CORPORATION NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SHIP4U DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
13.2 You are solely and entirely responsible for your use of the Website and your computer, internet and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR ON ANY WEBSITE LINKED TO IT. SHIP4U CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET.
14. Limitation on Liability
14.1 UNDER NO CIRCUMSTANCE WILL THE CORPORATION, ANY OF ITS AFFILIATES, ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY OR PERSON AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE WEBSITE OR THROUGH THE USE OF THE CORPORATION’S SERVICES, OR BODILY HARM HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PROPRIETARY RIGHTS INFRINGEMENT, CONTENT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF THE CORPORATION OR YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF THE WEBSITE AND ITS SERVICES IMMEDIATELY. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE CORPORATION AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE CORPORATION’S SERVICES AND ITS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO ALL USERS. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE CORPORATION AND ITS AFFILIATES SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF CORPORATION OFFERING ITS SERVICES AND YOUR USE OF THE WEBSITE REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
15. Indemnification
15.1 YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CORPORATION, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL LOSSES (PERSONAL AND BUSINESS), DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND ATTORNEY’S FEES AND EXPENSES (COLLECTIVELY, “CLAIMS/PROCEEDINGS /LIABILITIES”) DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO () YOUR USE OF THE WEBSITE; (2) YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE; (3) YOUR USE OF THE SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE SERVICES; (4) SHIP4U’S USE OF YOUR USER CONTENT; OR (5) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD PARTY PROVIDER. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF THE CORPORATION, OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF THE CORPORATION, WITHOUT OUR EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN SHIP4U’S SOLE DISCRETION. NOTWITHSTANDING THE FOREGOING, SHIP4U RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS/PROCEEDINGS/LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.
16. Governing Law, Jurisdiction and Dispute Resolution
16.1 The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.
16.2 Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions, will be instituted in the courts of Toronto, in the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
16.3 Arbitration. Except as expressly set forth in this Section 16.3 and subject to Section 16.4 below, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms and Conditions, the Website, your use of our Services, or any related matters (collectively “Disputes” and each a “Dispute“) will be referred to and finally resolved by binding arbitration administered by competent arbitration centre in accordance with its rules and these Terms and Conditions. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be held in Toronto, Ontario and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement.
16.4 Informal Dispute Resolution. Before you commence arbitration or litigation regarding a Dispute: (i) you will give notice of the Dispute to Ship4u Customer Service Representatives at info@ship4u.ca and allow us at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) upon request by Ship4u during the thirty (30) day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner.
17. General
17.1 Waiver. No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
17.2 Severability. If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
17.3 Force Majeure. Non-performance of the Corporation or the user of their respective obligations under these Terms and Conditions, excluding payment obligations, will be excused to the extent that performance is rendered impossible by fire, flood, governmental acts, orders or restrictions, pandemics or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.
17.4 Entire Agreement. These Terms and Conditions together with our Privacy Policy (and if you are a Driver, together with the Driver’s Agreement), constitute the entire understanding between you and our Corporation with respect to the use of the Services (and if you are a driver, the provision of Services).
18. Reporting and Contact
18.1 This Website is operated by Ship4u Logistic Inc. with its registered office located at 7030 Woodbine Avenue, Suite 500, Markham, ON L3R 6G2, CA.
18.2 Your affirmative act of using the Website, booking an order, or signing up to be a Driver constitutes your electronic signature to these Terms and Conditions and your consent to enter into an agreement with us electronically. You also agree that the Corporation may send any notices, disclosures, reports, documents, communications or other records regarding the Website (individually a “Notice” and collectively, “Notices”) in electronic form to: (1) the e-mail address that you provided during your booking or sign up, or (2) by posting the Notice on the Website. The delivery of any such Notice is effective when sent by the Corporation, regardless of whether you read the Notice, when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by terminating your Member Account. You must give notice to us in writing via email to info@ship4u.ca or as otherwise expressly provided.
18.3 Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to the Corporation at info@ship4u.ca.
18.4 All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@ship4u.ca.