DelcoLink Group LTD. (“DelcoLink Group LTD.”), and its subsidiaries (collectively, the “DelcoLink Logistics” or “we” or “us” or “our”), have updated our Terms & Conditions (“Agreement”). This agreement may be updated to reflect changing legal, regulatory, or operational requirements. We encourage you to regularly review this page for the latest information on our privacy practices.
For the purposes of this agreement, for all terms definitions please refer to Glossary of Terms (www.delcolink.com/legal-hub/for-everyone/glossary-of-terms). If you are unsure, electronically mail us at contact below.
TERMS AND CONDITIONS
By using our platform or internet sites, you confirm that you accept these terms and conditions and agree that they will apply to you each time you are on our platform or internet sites. You must abide by all policies and agreements of ours available and relevant to you on our legal hub. Violations of any provisions in this agreement or any other policies or agreements within respect to us will result in termination or suspension of your access to our platform and internet sites.
All users signify and warrant that they have all rights and permissions necessary to provide us with any data hereunder in connection with our business, user complies, and will continue in compliance during the period of this agreement, with all applicable relevant laws, rules, and regulations. User agrees to protect and indemnify us and our affiliates against any claim connecting to a breach or alleged breach of this agreement and against any claim declared against us or our affiliates by an affiliate of user that relates to any services offered by user hereunder; provided that if we reasonably determine that user is not diligently shielding any such claim, we may protect the claim with outside guidance at the expenditure of user.
This agreement may not be assigned or transferred in whole or in part by either party without the prior written consent of the other party, and supersedes all other agreements and all taxes, rates, classifications, and schedules published, filed, or otherwise maintained by non-affiliates (vendors, customers, carriers etc.). This agreement will be binding upon and inure to the benefit of the parties hereto.
These terms will be exclusively governed by and construed in unity with the laws of the province of Ontario, and the federal laws of Canada applicable therein, without regard to conflict of law principles. Please read these terms carefully before using or accessing our platform and internet sites.
TERM AND TERMINATION
The term of this agreement is for the duration of the platform and internet sites usage from the earliest user’s initial use, including if the platform is installed on your device. We may immediately terminate these terms or any services with respect to you or cease offering or deny access to the services or any portion thereof, at any time for any reason. To terminate this agreement, for end customers, cease use of our platform and internet sites. This includes deleting any accounts you may have registered with us. For other parties, please follow as instructed on your agreement. This agreement will remain active and binding to the user for as long as the user accesses or uses our platform. All outstanding payment responsibilities and these terms will survive the termination of this agreement.
SUPPLEMENTAL TERMS
Supplemental terms may apply to certain scope of goods and services, programs, promotions, custom services, or a particular category of services. Supplemental terms will be provided to you in association with the applicable services. Those terms will prevail over these terms in the event of a conflict regarding the relevant services. Any supplemental terms are in addition to, and will be deemed a part of, our terms for the objectives of the applicable services.
ACCOUNTS AND PLATFORM
When you create an account on our platform or internet sites, you agree to the following:
- A background screening may be required to be completed by you or by us on behalf of you.
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive data attached to that account.
- All personal data you provide to us through your account is up to date, accurate, and truthful and you will promptly update your personal data if it changes.
The terms and conditions hereby listed are solely between the user and us. iTunes App Store (“App Store”) and Google Play Store (“Play Store”) are in no way associated or affiliated with this platform or the content within. All provisions by us are relevant to this platform however, The App Store and Play Store terms of service have supremacy over these terms and conditions.
Periodically we may release updates and upgrades for our platform. These updates are provided when deemed necessary at our sole discretion or as required by relevant law. Apple Inc. (“Apple”) and Alphabet Inc. (“Google”) upholds no liability to maintain, support or in any way revise this platform. When an update is released, it is the user’s responsibility to update their platform, we are not liable for any platform which may be of a previous version and cannot warrant their security. It is important you always install the most recent version of our platform to ensure a secure usage.
Read more on our legal hub. (www.delcolink.com/legal-hub)
ACCEPTABLE USAGE
As a user of our platform or internet sites, you agree to use our platform or internet sites legally, not for illegal purposes or inappropriate use, including but not limited to:
- Harass or mistreat other users.
- Violate the rights of other users.
- Violate the intellectual property rights of the internet sites proprietors or any third-party to the internet sites.
- Hack into the account of another user
- Act in any way that could be considered fraudulent.
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our platform or internet sites illegally or in a manner that violates these terms and conditions, we reserve the right to limit, suspend or terminate your access. We also reserve the right to take any legal steps required to prevent you from accessing our platform and internet sites.
AGE RESTRICTIONS
The minimum age to use our platform and internet sites is eighteen years old. By using our platform and internet sites, you agree that you are over eighteen years old. We do not assume any legal responsibility for false statements about age.
In certain occurrences, you may be asked to provide proof of age, identity, or other method of identity verification to use our platform or receive services, and you agree that you may be denied use of our platform or may not be able to receive a service if you refuse to provide proof of age, identity, or other method of identity verification.
USER-GENERATED CONTENT
Users may publish the following information on our platform or internet sites:
- Ratings
- Reviews
- Comments
- Complaints & Feedbacks (Constructive criticisms)
The user agrees not to produce user content that is defamatory, libelous, hateful, brutal, obscene, illegal, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but will not be required to, review, monitor, or remove user content, at our sole discretion and at any time and for any reason, without notice to the user. By posting publicly on our platform or internet sites, you agree not to act illegally or violate these terms and conditions.
Any user content created by the user, remains the user’s property. Though, by providing user content to us, user grants us a universal, perpetual, irreversible, transferable, royalty-free license, with the right to sublicense, use, duplicate, alter, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user content in all formats and distribution channels now recognized or hereafter devised, without additional notice to or consent from user, and without the requirement of compensation to user or any other person or entity.
Users permit us to identify them as a customer of ours in any publicity, press activities, advertising or other public relations and grants us and our affiliates permission to use the name and logo of customer in connection therewith.
Read more on our legal hub. (www.delcolink.com/legal-hub)
INTELLECTUAL PROPERTY
Our platform and internet sites have been constructed in accordance with Canadian law. We do not represent that the content of this platform and internet sites is applicable for locations outside Canada. If you access this platform or internet sites from locations outside Canada, you are responsible for obeying all relevant local regulations. All content published and made available on our platform and internet sites are our property. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our platform and internet sites. You may not post or transmit to our platform or internet sites any unlawful, obscene, profane, defamatory, libelous, threatening or otherwise objectionable material. Any unauthorized use of the content of our platform or internet sites may subject you to civil or criminal penalties.
You must acquire our written permission to link our internet sites to your internet site in any form.
LINKS TO OTHER INTERNET SITES
Our platform and internet sites may contain links to third-party internet sites or services that we do not own or control. We are not responsible for the content, policies, technology security or practices of any third-party internet sites or services linked to on our internet site. The operators of those internet sites may collect data about you, through cookies or other tools, pursuant to their own rules. It is your responsibility to read the terms and conditions and Privacy Policies of these third-party internet sites before using their internet sites.
GOODS AND SERVICES
Our platform provides a wide range of goods and services designed to enhance convenience, including transportation, e-commerce shopping, logistics, appointment scheduling, home, and auto services, and more, by connecting customers with vendors and third-party service providers. Additionally, we offer support services, financial facilitation, proof of completion, and progress notifications via the platform and other communication channels to our users.
One of the services we facilitate is the rental of various types of equipment, such as home hardware tools, electronic devices (e.g., computers, phones), and vehicles available for rental in your region. It is important to note that we do not provide insurance coverage for rental vehicles, and our platform only serves as a payment facilitator and connector between users and vendors. While we strive to provide accurate information, descriptions, and images about all goods and services offered on our platform, we cannot guarantee their accuracy due to variations and updates made by the vendors. All goods and services must be paid for in full at the time of request.
Please be aware that these terms and conditions apply to all goods and services offered on our platform or internet sites at the time of access, regardless of whether the products are in stock or listed as “out of stock.” We reserve the right to modify, reject, or cancel requests as needed. If we cancel a request that has already been processed and paid, we will refund the corresponding amount to you. Please note that it is your responsibility to monitor your payment method and verify receipt of any refunds.
In addition, we may introduce new services or programs from time to time, which will also be subject to these terms and conditions. We will make every effort to inform our users of any such additions and update our platform and internet sites accordingly.
THIRD-PARTY GOODS AND SERVICES
Our platform or internet sites may offer goods and services from third parties. We do not assume any liability for the goods and services third parties offer on our platform. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our platform or internet sites. You agree to purchase goods and services from our platform and internet sites at your own risk. However, if we are made aware that a third-party is violating these terms and conditions, we reserve the right to suspend or prohibit them from selling goods and services on our platform and internet sites.
DELIVERY SERVICES
When you purchase goods with delivery services from our platform or internet sites, the delivery services will be delivered through one of the following approaches:
- Same-day delivery –delivered same day before 10 PM if placed before 12 PM same day (in accordance with the vendor’s ability to prepare your order)
- 24 HR delivery – delivered within 24 hours of placing the request (If applicable to the vendor)
- Scheduled delivery – scheduled delivery for specific date and time.
- Dedicated delivery services – service tailored to vendor needs.
We reserve the right to limit quantities of goods available for sale or sold. We reserve the right at any time to reject, correct, cancel, or terminate any request for any reason whatsoever. If the price of any product you ordered was incorrectly displayed on our platform or internet sites, we will provide you with an opportunity to place an order at the correct price. We also reserve the right to refuse any requests you place with us. Advertisements of goods for sale on our platform and internet sites are invitations to users to make offers to purchase such products and are not offers to sell. Your properly completed and submitted order form constitutes your offer to purchase the products and services referenced in your order.
You accept and agree that the goods are delivered at your request by third-party service providers. We do not deliver the goods and services. When you request the delivery by third-party service providers through our services, you are entering into an agreement with the third-party service provider. The third-party service providers are free to accept, refuse to pick-up, deliver the goods, or cancel the delivery of the goods after acceptance for any reason not prohibited by law. If you cancel your request, you will be charged a cancelation fee in accordance with cancelation policies. A request is deemed to be accepted only if you receive a confirmation from us or the vendor through the platform or to your electronic mail indicating that a third-party service provider has accepted the request.
Food, grocery, and pharmaceutical deliveries are promptly picked up for delivery after the vendor has prepared the delivery. Delivery will take place as soon as reasonably possible, depending on the delivery approach selected where applicable. Delivery completion times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays. You will be required to pay delivery fees in addition to the fees for the goods you purchase. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods and services to the wrong address or wrong person because of you providing us with inaccurate or incomplete information. When requesting a delivery, you must ensure to request the correct order pertaining to size information, if applicable.
If the third-party service provider is not able to conduct the delivery of goods, for example because the third-party service provider is unable to find the delivery location and is unable to contact you, the third-party service provider may attempt to arrange for the return of the goods to you. If the third-party service provider is not able to return the goods to you, you accept and agree that the delivery may be left at the original pick-up location (vendor’s location), an alternative location as instructed by you, or at the delivery location or safe place near the delivery location as agreed between you and the third-party service provider. To the extent feasible and if requested by you, the services will reasonably permit you to rearrange the delivery with the third-party service provider or facilitate the exchange of the undelivered goods between you and the third-party service providers. If failure to get hold of a customer occurs, the goods will be returned to the vendor at the vendor’s expense.
You are responsible for the reasonable costs associated with the return, redelivery, or disposal of your goods, except where the return, redelivery or disposal arises from any fraudulent, unlawful, or negligent act or omission by the third-party service provider or in case of total or partial non-performance by the third-party service provider which was not caused by your action or omission. We reserve the right to facilitate payment for the reasonable costs associated with the return, redelivery, or disposal of your goods on behalf of the third-party service provider using any of your payment methods designated in your account. Such amounts will be transferred by us to the applicable third-party service provider.
If a third-party service provider must wait at a pick-up/drop-off/service location this will result in wait time fees. Unless supplementary agreement says otherwise, the vendor will be charged twenty dollars ($20.00 CAD) for every fifteen (15) minutes the third-party service provider is stationed at the location waiting. In some locations, the wait time fees will begin a few minutes after the third-party service provider arrives at your location. Wait time fees and thresholds vary by location. In some zones, additional wait time fees may apply to your transaction depending on how busy it is.
All our delivery services are considered completed if there has been an attempt to deliver the goods at the specified location on the order. Should there be actions or negligence by the customer or vendor preventing the delivery of the order this will result in full delivery fees to the credited party. Negligence by vendor or customer are actions such as, but not limited to, customer not available at delivery, wrong address, vendor not having the order prepared for pick-up, etc. All delivery services are curbside, which entails the goods will be dropped off at the specified location within twenty-five (25) feet of the front entrance (some exceptions apply). We offer carry in delivery service for an additional fee, this includes carrying the goods into the location to the first or ground level ONLY. This service can be requested when placing an order or adjusted prior to pick-up through our platform.
If you purchase goods from us for delivery to a destination outside Canada, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not responsible for any failure by you to pay them.
All parties are individually responsible for their own actions, accidents, damages, and all liabilities. All parties involved in this agreement will be compliant with all local and federal anti-bribery and anti-corruption laws. For North America, this is including, but not limited to, The Canadian Corruption of Foreign Public Officials Act and the U.S. Foreign Corrupt Practices of 1977. These terms are subject to export laws and regulations as well.
All parties will comply with Community Guidelines Policy available on our legal hub. (www.delcolink.com/legal-hub)
ON-DEMAND DELIVERY SERVICES
Service Hours: Our on-demand delivery service is operational exclusively within Canada and the US, providing a minimum scheduling window of 8 hours. Presently, on-demand delivery services are confined to these specified territories and are not accessible in any other countries.
Response Timeframe: Upon receipt of an on-demand service request, we undertake to provide a driver within a 90-minute timeframe. In the event that we are unable to fulfill this commitment within the stipulated 90 minutes, we will promptly notify you at least 30 minutes prior to the conclusion of this period. It is imperative to note that neither party shall be entitled to compensation under such circumstances.
Service Availability: Requests made after 10:00 am EST in Canada do not guarantee immediate availability of on-demand services. However, despite this limitation, our team will diligently endeavor to accommodate and execute your request within the constraints of available resources and operational capacities.
SPECIAL GOODS DOCUMENT
Only certain vendors with the prior written consent from us may ship the “special goods” listed below. These vendors are required to disclose each such special goods when setting up the delivery of goods and must fully comply with all restrictions with respect to the special goods set forth below, as well as all relevant laws and regulations with respect to the following special goods:
- Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the Canadian and United authorities. Only if the goods are checked in airline baggage.
- Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount. Only if the goods are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same).
- Common fireworks. Only if the goods are checked in airline baggage (complying with all TSA regulations for the transport on airplanes of the same) or if the goods have been paid for and are being delivered to a person who is 19 years of age or older.
- Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons.
- Any “Hazardous Material” categorized as limited or excepted quantities as defined the Canadian Environmental Protection Act or in 49 C.F.R., as the case may be.
- Prescription drugs and medicines or regulated over the counter medicine.
- Cremated remains, human remains, fetal remains, human body parts, or components thereof.
- Heavy haul, oversize, or overweight goods, either individually or collectively, weighing more than 400 lbs., and/or individually exceedingly more than twelve feet in any dimension (“Oversized goods”).
- All live animals
- Any goods that vendor requests be transported over state lines (i.e., interstate).
We are not responsible for the contents or loss of any prohibited goods or any undisclosed special goods. We reserve the right to dispose of any prohibited goods, in our sole discretion, and reserve all rights to instruct third-party service providers on how to dispose of any prohibited goods, including delivery to the proper authorities at all expenses of the party responsible.
PROHIBITED GOODS
You may not use or access the platform or use the services provided by third-party service providers to transport any prohibited goods including but not limited to:
- Human beings or animals
- Anything illegal including, without limitation, drugs, and other contraband
- Any hazardous waste, defined as a “solid waste” that meets any of the criteria of the hazardous waste as described in the Canadian Environmental Protection Act or 40 C.F.R. § 261.3 (USA)
- Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
- Any “Hazardous Material” not categorized as limited or excepted quantities as defined in 49 C.F.R. or categorized as limited or excepted quantities but not packaged and labeled in accordance with all relevant laws.
- Any goods for which you do not have permission to send.
It is your obligation to be aware of the current list of prohibited goods each time you use the platform. If any third-party service provider becomes aware of such goods, they must report to our support team immediately and freeze the current service from processing any further until instruction is provided. Exemptions only apply when the vendor has the prior written approval from us.
SERVICE LEVEL AGREEMENT (SLA) FOR DELIVERY SERVICES
For standard delivery service our hours of operation are Monday to Sunday 07:00 – 20:00 hours eastern time-zone, this may be exclusive of statutory holidays. For food, grocery, pharmaceutical and other delivery services, our hours of operation are 24/7 eastern time-zone (some service coverage zones may have restrictions). Our hours are available to you but also dependent on the vendor’s hours which may be different than our own.
Some vendors may have the option for same-day delivery or 24 HR delivery approach. We make all efforts within reason to complete delivery service to you within the selected delivery time and approach terms. Despite this, we do not warrant, represent, or guarantee any delivery times as many situations may impact our ability to deliver within a specified time. Custom orders, stock issues with vendors, third-party service provider availability, unexpected traffic, weather conditions and many other forces outside our control (Force Majeure) may change completion date and time. You can monitor your request’s estimated completion date and time on our platform, in addition to the in-platform notifications if you have opted for that option.
FORCE MAJEURE
We will not be liable for delays in or failure of performance hereunder due to causes beyond our reasonable control (unless this delay was caused by our members such as dispatchers, managers etc.), including, but not limited to, acts of god or public enemy, acts of government in either its sovereign or contractual capacity, flood, poor weather conditions, earthquake, epidemic, pandemic (including any additional consequences or situations arising from the outbreak of any present pandemics) or other natural disaster, strike or other labor disputes, acts of war, acts of civil disobedience, denial-of-services and distributed-denial-of-services, ransomware and other cyber-attacks that are not caused or facilitated by negligence, unexpected traffic and roadblocks, unavailability of the products and increase in charges due to retailers (a “force majeure”). In case of a force majeure, we will advise customers in writing (electronically or hand-written) and deploy commercially reasonable efforts to provide the services within forty-eight (48) hours. If we cannot provide the services within this delay, we will agree to cancel the service and reimburse any prepaid fees, if applicable, and this will be our only liability for a force majeure.
Delivery services include delivery services provided by third-party service providers when you use our platform, but do not include third-party delivery services provided by vendors. When the customer places an order for delivery, it is the customers responsibility to confirm that the vendor offers curbside or in-store pick-up. The goods must be readily available when the third-party service provider arrives at the pick-up location. Under no condition will the third-party service provider search the store and pick your goods, if the goods are not ready for pick-up when they arrive, wait time fees will be applied or your order will be canceled with delivery fees still charged. We do not assume any liability for vendors which do not offer in-store or curbside pick-up.
For delivery facilities, the customer has the option when placing an order to have the goods delivered at their doorstep or curbside in a safe location (with or without the customer present) or delivered to them at a time when they are present at delivery location to accept delivery in-person. If a customer selects the doorstep or curbside drop off, the delivery will transfer ownership once dropped at customer location. The customer agrees and understands they will be responsible for any costs, damages, and losses thereafter. If it is chosen to have a delivery at a time when the customer is available to accept in-person and they are not present when the delivery arrives, the third-party service provider will make attempts to contact them through all available options to us such as phone call or text-messages. If said attempts are unsuccessful and alternate arrangements cannot be made, we may leave the delivery at the doorstep or safest location. The delivered goods liability then transfers to the customer, and we will not be responsible for any losses, costs, or damages. If you use the platform to arrange delivery of goods not prohibited under these terms, you assume full responsibility for such goods after delivery, including any damage due to temperature sensitivity, theft, or tampering. If you cancel your order after the delivery has begun, you will also be charged the full cost for the delivery services purchased from the third-party service provider.
If you purchase goods and services from a vendor, you may cancel your purchase at any time up until the vendor has begun preparing your request. Once the preparation has begun, you will no longer be able to cancel your request without incurring a charge, which will be no more than the full cost for your transaction.
For rideshare services, you may choose to reject your request for transportation services from a third-party service provider at any time preceding such third-party service provider’s arrival, in which instance you may be charged a cancelation fee. If the transportation services are canceled for any cause not credited to you in agreement with our cancelation policies, you may be entitled to a refund for any fees paid.
FOR VENDORS
We will establish a vendor account that will allow vendors to access their account and our services that may be offered there from time to time. Vendor consents to pay all applicable fees for the service reserved, tendered, or otherwise purchased on the account, and vendor agrees that it is liable for all fees incurred by customer and any individual authorized by vendor to use the account (a “Vendor Sub-User Account”). We do not conduct background checks or screening on any vendor for the purposes of allowing them to access and use our platform to organize for services. However, we reserve the right to begin conducting such checks and screening of vendors as it deems appropriate in our sole discretion.
The account will allow vendors to do one or more of the following (as may be offered in the account from time to time):
- Price quotes
- Ability to edit and view catalog of your goods and services.
- View statistics
- Total earnings and fees
- Customization for media files and promotional data
- Edit and view account data.
- Requests or transactions by customers
- Live tracking of on-going service
- Service request data with customer information including contact information.
- Third-party service provider data (including contact information) who is servicing the requested service for vendor.
Should the vendor have the ability to assign vendor sub-user accounts, this must be done at their sole discretion and confidence. All data must be up to date and valid. Only allow administrators and vendor members to access the account. Vendor is fully liable for sub-user accounts and its responsibilities. Vendor will be accountable for all support to third parties and recipients, as well as solving any disputes or concerns from users or designated recipients associated with the requested services using the platform.
The third-party service providers will not be responsible for packaging the goods into package(s). Vendor must ensure that the package(s) are readily available for pick-up upon arrival of a third-party service provider at the requested pick-up location. We encourage all our vendors to use minimal packaging in a combined effort to be eco-friendly and reduce unnecessary waste. Where there is need for extra packaging, the vendor understands and agrees the third-party service provider has the right to open the package to inspect for any damages prior to delivery. If it is not possible to open a package in a new package, a visual inspection of the outside of the package for damages is appropriate. All personal luggage, bags, wallets, etc. are not to be inspected internally, though, can still be externally inspected. Additional fees for wait time in such instances is not applicable. The third-party service provider is never obligated to deliver any goods they have not been allowed to inspect following our terms. Please ensure to package your goods thoughtfully, carefully and use all precautious steps necessary to ensure safe transportation.
Vendor agrees that it will not tender to us for services or to any service providers engaged by us in connection with this agreement any cargo containing any hazardous materials, chemicals, or dangerous goods; illegal goods; commodities of extraordinary or unusual value, and garbage, refuse, or trash. We may disclose data about the nature, kind, quantity, destination, consignee, routing of property and similar data relating to vendor’s cargo to other users using the platform and coverage of loads tendered to us is reliant on third-party service provider availability. We may tender goods and services sent to us by the vendor to another third-party service provider or carrier to arrange for completion by a third-party service provider or carrier, in which case the vendor agrees that the other party will be responsible for the completion and any arising liabilities. It is the vendor’s responsibility to verify third-party service providers credentials and match it to the platform prior to releasing the goods or allowing service. Vendor agrees that the amount we pay to any third-party service providers or carriers for services is proprietary business information of ours that will not be provided to the vendor, and vendor expressly waives any rights it may have under any such regulations to need such data from us. Vendor also understands there will be no monetary transactions between the third-party service provider and vendor for example will not purchase goods requested as a part of the delivery service.
Our third-party service providers are allotted for deliveries based on size of the order and size of their assets to accommodate the dimensions. It is hereby understood that any custom orders may be denied delivery if they cannot fit within their assets. When requesting a delivery, the vendor must ensure to request the correct order pertaining to size information. Our platform matches the cargo size request to correct assets in that classification. Upon arrival of the third-party service provider should the goods be larger than selected cargo size, there will be an upgrade fee additional to the current service fee as well as the manual correction service fee. It is important to select the correct cargo size, failure to do so will result in delay and refusal of order with a fee no more than the cost of delivery service initially charged. Should the goods be exceptionally large, at pick-up vendor’s assistance and at drop-off recipient’s assistance may be required by the third-party service provider.
Vendors will accept our invoices through electronic mail or other electronic means. Vendors will accept electronic versions of proofs of service completion, receipts, and other documents. If the vendor has provided credit card information on the platform, then the vendor is choosing to pay by credit card and all fees will be charged to the vendor’s credit card on the invoice date. If applicable, a small credit card fee is applicable to credit card transactions. Except when vendor has provided credit card information in the platform, vendor will pay us all fees by Automated Clearing House (“ACH”) within seven days of the invoice date (unless supplementary agreement says otherwise) and vendor will electronically mail remittance details for each transaction with each payment to provided finance electronic mail address.
To ensure efficient financial management, invoices for services provided from Monday to Sunday will be issued by our accounts department every Wednesday/Thursday. The vendor is responsible for ensuring prompt payment within the specified payment term (NET) to guarantee uninterrupted service. For payments made via cheque, it is required to send the cheque to the provided contact information using reliable mail services. Invoices below $150,000 CAD have a payment term of 15 days from the invoice date (NET 15), while invoices exceeding this threshold have a payment term of 30 days from the invoice date (NET 30). Timely payment within the NET timeframe is crucial to maintain ongoing services and uphold a seamless business relationship.
For a vendor to dispute any invoice, the vendor’s basis for the dispute must be practical and vendor must notify us of the dispute in writing (including information concerning the amount of the invoice that is disputed and the basis for such dispute) within seven days of the invoice date to our support team or provided point of contact. If the vendor fails to inform us of any invoice dispute within the allotted seven-day period, the vendor surrenders its right to dispute the invoice. Disputed amounts may be reimbursed as a credit or cash value in our sole opinion. The vendor may not withhold or offset any amounts due under this agreement.
If at any time a vendor unintentionally pays us an amount that is more than the amount due, we will not be beholden to instantly return any such overpayment, but the amount or amounts otherwise owed for any prior or following period or periods will be reduced by such overpayment without any interest component being credited on such overpayment. A refund of unintentional payments more than the amount due may be requested and will be administered within 90 days if there are no other past due overdue invoices.
We further reserve the right to engage in all remedies available to us under relevant law, including reporting vendors to applicable credit reporting agencies, in the event of any unpaid fees hereunder. All overdue payments will bear interest at 20 % per annum or the maximum allowed by relevant law, if less than 20 % per annum. Late pending payments may also cause us to hold goods and services collateral if applicable or freeze such accounts till cleared. Late fees may be automatically charged to any credit cards stored on file by used for the purpose of business. Vendors will be liable for any costs we incur in collecting past due payments.
Read more on our legal hub. (www.delcolink.com/legal-hub)
FOR THIRD-PARTY SERVICE PROVIDERS AND CARRIERS
Third-party service providers have all required consents and authorizations from their parties as applicable to tender services tendered under this agreement. For example, your insurance company is aware of the scope of services for us. All third-party service providers are responsible for any incurred parking fees or road tolls, or any other fees incurred from public or private roadways and parking lots. We will have no liability to you for reimbursement of any such costs or overhead. At no point will you be accompanied by a minor who is not of legal age to perform labor and under no circumstance will a minor operate your motor vehicle or perform labor for you.
Services containing hazardous materials may require the third-party service providers to have a special motor vehicle, equipment, or license to conduct that class of services. third-party service providers are responsible for knowing and complying with all rules and requirements to carry goods containing any special goods prior to offering on such goods, whether rules and requirements are included in these terms and imposed relevant laws. We are not liable for any claims arising out of such special services. Learn more about Hazardous Products Regulations at (www.laws-lois.justice.gc.ca/eng/regulations/sor-2015-17/index.html). Should damages be found whether on the package or the goods itself, the third-party service provider must inform our support team and wait for further instruction. Once a third-party service provider has loaded the goods they are assumed in good condition and any damages found thereafter will be assumed the liability of the third-party service provider.
Should a third-party service provider need to cancel, modify, or upgrade an order they have been assigned, they must contact our support team. Once an order is assigned or accepted by a third-party service provider, they are expected to fulfill the delivery and not cancel or abandon the request. There are certain unforeseen scenarios where the ability to fulfill the order is not possible including but not limited to: a flat tire, personal emergency, or motor vehicle accident. In such a case where a cancelation is required, the third-party service provider must inform our support team and a replacement third-party service provider will retrieve the order to fulfill the delivery.
The third-party service providers are not to enter into buildings for services unless the scope of the delivery says. third-party service providers are required to take a picture of all goods once delivered with a clear visual of the background as proof of completion. Such pictures must be taken with adequate lighting and show that the goods were left at the correct location. In certain circumstances, where requested by vendor or customer, a recipient’s signature may be required.
For dedicated third-party service providers, you will remain online on the platform for your full-service hours until all services assigned are successfully completed, should you log out while services are still pending or refuse or fail to complete them, you may be financially liable for the suffer of business in that dedicated coverage. Also, there is an obligation of exclusivity to which you are to provide services for us solely during our dedicated service hours. Co-loading of goods is prohibited due to liability of damages to vendor’s goods.
Read more on our legal hub. (www.delcolink.com/legal-hub)
FEES AND PAYMENTS
We accept the following payment methods on our platform and internet sites:
- Credit Card
- Direct Payment (“Automated Clearing House”) – if applicable
- Cash on Delivery – if applicable
- Cheques
When you provide us with your payment data, you authorize our use of and access to the payment method you have selected to use. You also authorize us to charge the amount due to this payment method. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method on your account, if available. If we believe your payment has violated any law or these terms and conditions, we reserve the right to cancel or reverse your transaction or even cancel your account.
After you have received goods and services acquired through your use of the platform, we or one of our affiliates will facilitate your payment of the applicable fees. You also accept that the fact that a payment card statement may reflect a charge from us or our affiliates, this does not warrant that we or our affiliate sold goods or services, but rather that we or our affiliate facilitated payment processing, and that the vendor stated on your receipt is the actual seller. Fees paid by you are final and non-refundable, unless otherwise determined by us. Fees of the third-party service provider charges in such manner will be deemed the same as payment made directly by you to the third-party service provider. Third-party fees will be inclusive of applicable taxes where required by law.
The costs for goods and services are set out on the platform or internet sites and all other applicable amounts, fees and taxes are indicated when you purchase goods and services. You accept that our affiliates may create or regulate third-party fees for any or all goods and services obtained using the platform at any time at the direction of the third-party service provider or otherwise in our affiliate’s discretion, including in certain conditions such as where you choose an additional service that incurs an additional fee. Accessorial rates (such as third-party service provider’s assistance, delay fee, etc.) are independent of each service and may change from time to time. All fees’ changes will be made annually if applicable but can be adjusted at any time giving vendors and customers fourteen days in advance notice. We may introduce any new fees upon needing to operate with fourteen days’ notice at any time. You have the right to challenge to increase or decrease third-party fees, you may choose to contact our support team for direction.
Unless otherwise stated, all invoiced amounts are due upon receipt and processed immediately upon confirmation using the credit card data registered on the user’s account. We use Stripe, Inc., a third-party payment processor to process transactions. By making a purchase, you authorize your credit card data to be provided to the payment processor. You accept and agree that the payment processor’s terms of use and Privacy Policy (www.stripe.com/en-ca/legal/ssa) will govern your agreement and interactions with the payment processor and not our policies. WE HAVE NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO THE PAYMENT PROCESSOR. Unless otherwise stated, all fees are quoted in Canadian Dollars. Receipts for transactions will be delivered to the user making the purchase through electronic mail and may be available for viewing by the user.
Any suspension or interruption of the services by us pursuant to the terms of this agreement will not excuse the user from its obligations to make payments under this agreement.
HOLIDAY PREMIUM
During designated holiday periods, a premium surcharge of two times (2.0 X) the regular rates apply to standard Last Mile and Ground Delivery services, including our on-demand services and pilot projects, but excluding sea or air shipping. This surcharge is implemented to accommodate increased operational costs and demand, ensuring timely and reliable deliveries during peak seasons. Customers are advised to factor this premium into their shipping plans and costs when scheduling deliveries around holidays.
SUBSCRIPTIONS
Your subscription automatically renews, and you will be automatically billed until we receive notification that you want to terminate or pause the subscription. To cancel your subscription, please follow the steps outlined in your account. All subscriptions are non-refundable.
CANCELATION AND OTHER FEES
If any services provided by a third-party service provider fail or are canceled for motives that we determine are consequently credited to you (for example, you provided an incorrect delivery address or instruction), you will be charged a fee no more than the full amount for both the goods and services purchased from the third-party. If any services provided by a third-party service provider fail or are canceled for any reason that we determine, acting reasonably, are not attributed to you (for example, goods damaged by a third-party service provider), you may be entitled to a refund for any fees paid for those services.
If you need an adjustment to be made to any third-party fees you incurred, you must inform our support team within seven days after the third-party fee was invoiced after which we will have no further obligation and you waive your right to later dispute the amounts charged.
If a third-party service provider reports the necessity for incurred cost (such as damage, repair, or cleaning), such claim request is verified by our affiliate in the affiliate’s reasonable discretion, we reserve the right to facilitate payment for the reasonable cost of such claim on behalf of the third-party service provider using your payment method registered in your account. Such amounts will be transferred by us to the relevant third-party service provider and are non-refundable.
Our cancellation agreement for on-demand services ensures a smooth and fair process for both clients and service providers. In the event of a cancellation with less than 2 hours’ notice, a charge equivalent to 3 hours of the service cost or 40% of the scheduled service cost, whichever is higher, will be applicable. We understand that situations can change unexpectedly, so we provide a grace period of 10 minutes for clients to cancel their on-demand requests without incurring any charges. This policy acknowledges the value of time and resources invested by our providers while also recognizing the need for flexibility in dynamic circumstances. We believe this approach maintains a balanced commitment to delivering quality service while accommodating unforeseen changes.
Disclaimer: In the event that we are unable to fulfill requested services under on-demand services or any pilot programs, we hereby assert our non-liability for any resultant losses or causes. Furthermore, we are under no obligation to provide compensation for any incurred fees or penalty.
If you fail to comply with these terms, you may be liable for additional fees arising out of or in association with your failure to comply with these terms. Read provisions for associated services for more information on cancelation and other fees.
REFUNDS AND RETURNS POLICY
Refund and return requests must be made within fifteen days of invoice. Some invoices may be final sale and we will not accept any returns or exchanges or provide any refunds. For refunds and returns it is recommended by us that you contact the vendor directly.
We provide refunds for services sold on our platform and internet sites as follows:
- The services will be fully refunded if the services are canceled at least 48 hours before the services were scheduled to be provided or on case-by-case evaluation basis.
CREDITS
We may provide refunds, adjustments, bonus, referral credits may be applied to your account as “credits.” You can also re-load your account with credits as needed. No portion of credits is refundable, returnable, or redeemable for cash except where required by law. Any refunds for transactions made using credits will be reimbursed in the form of credits. Your credit balance can be viewed in your account online or on the platform. We are not responsible for unauthorized use of your credits. We reserve the right to suspend or void your respective portions of credits if we suspect that the credits were obtained or used fraudulently, unlawfully, or otherwise in violation of this agreement.
The most current agreement will be effective upon publishing of such revised agreement. Your use of any part of credits after such posting establishes your acceptance of the revised agreement. Arbitration rule applies here also, please read the section outlined below for dispute resolution.
Read more on our legal hub. (www.delcolink.com/legal-hub)
GRATUITIES
The payment structure is intended to fully compensate the third-party service provider for the services or goods provided. You understand and agree that, while you are free to offer extra payment as a gratuity to any third-party service provider who provides you with services or goods obtained through our platform, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through our platform, you will have the opportunity to rate your experience and give further feedback about your third-party service provider.
CONSUMER PROTECTION LAW
Where the Consumer Protection Act, or any other consumer protection legislation in your authority applies and cannot be excluded, these terms and conditions will not limit your legal rights and remedies under that legislation. These terms and conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these terms and conditions and that legislation, the mandatory provisions of the legislation will apply.
COMMUNICATION AND SUPPORT
THE CANADA’S ANTI-SPAM LEGISLATION (CASL), (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE PROVINCE ONTARIO), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST US ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF OUR TEXT MESSAGE SERVICE.
Once you have installed our platform on your device, you have granted permission for us to send you push notifications. These notifications are sent by the platform to your device and can occur even when your platform is not open or running in the background. Should you choose to opt out of push notifications, this can be changed through your device’s “settings.”
Users approve that we may contact them and their personnel by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers given by users or user personnel in connection with our services. Users and customers (recipients) understand that it is not necessary to provide this consent as a condition of purchasing any goods and services.
By opting in to or using our text message services, you accept these terms and agree to resolve disputes with us through binding arbitration (and with extremely limited exceptions, not in court of law), and you waive any right to participate in class actions. Except that you may assert claims in small claims court if your claims qualify. The federal arbitration act and federal arbitration law apply to these conditions of use.
By opting into a text message service:
- You are signing your opt-in to the text message service.
- You authorize us to use auto dialer or non-auto dialer technology to send text messages to the cell phone number associated with your opt-in (i.e., the phone number listed on the opt-in form or instructions, contact forms, the phone number from which you send the opt-in, the phone number on file for the account associated with your opt-in or registered with). You also authorize us to include advertising content in any such communications. You do not have to opt in or agree to opt in as a condition of purchase as stated above.
- You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that phone number on a family or business plan and that you are authorized to opt in.
- You consent to the use of an electronic record to document your opt-in. To withdraw that consent or to update our records with your contact information, please contact us.
- To view and retain an electronic copy of these terms or the rest of your opt-in, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an electronic mail copy, you will also need an electronic mail account you can access from the device, along with a browser or other software that can display the electronic mails.
- These terms will still apply if you withdraw the consent mentioned above or opt out of the text message service.
After opting in, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your opt-in. Text message and data rates may apply. Unless otherwise stated, text message services send multiple, recurring messages. We may terminate any text message service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these terms and conditions still will apply. For services operated through 1 833-443-3526, you can get help by texting HELP to 1 833-443-3526, and you can opt out by texting STOP to 1 833-443-3526. For text message services operated through a different number, text HELP to that number for help and STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. The phone number we use for text message services is supported on all Canadian carriers. Please note, however, that the supporting mobile carriers may change without notice, and the text message service you join, including those operated through a different number, may be limited to specific carriers. We and the mobile carriers are not liable for delayed or undelivered messages.
Live support assistance for all accounts and users are available through the platform in the form of chat support, unless otherwise informed. To contact our customer service, call 1 833-443-3526. Also note, you must be eighteen years of age or older.
You consent to the handling of your data as described in our Privacy Policy.
PRIVACY POLICY AND DATA SECURITY
Personally identifiable information (PII) refers to data that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying data that is linked or linkable to a specific individual. It is important to recognize that non-PII can become PII whenever additional data is made available (in any medium and from any source) that, when combined with other available data, could be used to identify an individual. We and third-party service providers are under a strict obligation not to use or disclose PII except as necessary to perform services. We are currently not using any masking services to protect customer’s names and phone number.
Vendor agrees that any personal data obtained from us will be processed by the vendor solely for legitimate business purposes and retained only so long as necessary. Vendor will not disclose personal data obtained from us to any third-party, except as permitted under this agreement. Vendors will not rent, enable public access, or sell personal data obtained from us for any reason. Vendors will not use personal data obtained from us in any way that harms us or breaches relevant law.
Vendor agrees to implement suitable legal, technical, and organizational procedures to protect personal data obtained from us against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure, as well as any breach or attempted breach of vendor’s security measures. Vendor will immediately notify us if vendor discovers or has reason to believe that a data threat incident has occurred including at least: (1) the nature of the breach of security measures; (2) the types of possibly compromised personal data; (3) the period and expected consequences of the Incident; and (4) any mitigation or remediation procedures taken or planned in response to the incident. Upon any such finding, the vendor will (a) take all reasonable steps to examine, remediate, and mitigate the effects of Incident, and (b) provide us with assurances satisfactory to us that such Incident will not recur. Moreover, if and to the extent any similar incident occurs as a result of an act or omission of vendor, and if we determine that notices (whether in our or vendor’s name) or other remedial measures are warranted, vendor will, at our request and at vendor’s cost and expenditure, commence the aforementioned remedial actions.
If a third-party service provider provides services containing prescriptions, medicines or other medical documents, the third-party service provider may have access to Protected Health Information. We and third-party service providers are under a strict obligation not to use or disclose the Protected Health Information of anyone except as necessary to perform services. In addition, these third-party service providers must comply with all provincial, state, federal and local laws, including Personal Information Protection and Electronic Documents Act (Canada). To learn more about complying with these regulations, please visit this link (www.laws-lois.justice.gc.ca/ENG/ACTS/P-8.6/index.html).
Our platform uses google maps API(s) that are integrated within the platform to provide our goods and services to users and customers. By using our platform, you agree to be bound by the policies of Alphabet Inc. (“Google”) (www.google.com/policies/terms).
Read more on our legal hub. (www.delcolink.com/legal-hub)
NOTICES
We may need to send notices to our users regarding the platform, the associated terms, vendors and third-party service providers terms, or any other pertinent information. These notices can be sent to users through electronic mail to the provided electronic mail address or by standard mail to the provided residential or commercial address on the user account. All notices sent through electronic mail will be considered received after twenty-four hours of it being sent while standard mail will be considered received after seven business days of mail out or upon proof of acceptance in some instances.
DISPUTE RESOLUTION
Unless forbidden by law, all disputes arising out of or concerning in any way to:
- these terms
- the goods and services
- your access to or use of the platform
- advertisements, promotions or oral or written statements associated to the platform, or any other branded product.
will be finally and conclusively adjudicated and resolved by arbitration under the Arbitration Rules (“ADRIC Rules”) of the ADR Institute of Canada, Inc. (“ADRIC”), except as revised here. The mediation will be in English. The arbitration may be held anywhere the arbitrator considers appropriate, including remotely by telephone or internet. The ADRIC Rules is available on (www.adric.ca).
Though, before commencing the arbitration, the party with the claim will first try to unofficially settle with the other party, in good faith, a resolution of the dispute for not less than 30 days but no more than 45 days unless extended by mutual agreement. During the negotiation period, any otherwise applicable limitation period will be tolled (temporarily suspended).
We must be educated/informed/advised and given an opportunity to resolve prior to any legal proceedings on any matter. You will have to settle disputes through arbitration. You will not be eligible to get money or other relief through a legal proceeding. You can get guidance or representation from a lawyer about this arbitration requirement.
OWNERSHIP AND CONFIDENTIALITY
We and our affiliates are and will remain the proprietors of all rights, title, and interest in and to our service, the platform and our other products and technologies including any updates, improvements, and new versions thereof, and all associated documentation and resources delivered or accessible to users in relation with this agreement. Users agree to hold in trust any confidential and exclusive information of us that it becomes aware of in relation with our services.
INSURANCE, LIABILITY AND RISK
Unless otherwise supplementary Policy states, all goods and services provided by us through third-party service providers and vendors are solely insured and legally responsible by third-party service providers and vendors itself, respectively. We take no responsibility for any arising liabilities, compliance necessary or claims. We are not liable for damages or losses arising from any operation between you and a third-party service provider or vendor; or the availability of the services provided by the third-party service provider. This also includes all liable actions of any members of the third-party service providers, all users, and vendors liability, are not of ours. Should we be liable for loss or damages to goods, in no case will the loss payout exceed one hundred dollars ($100.00 CAD), unless otherwise agreed in writing to a different loss settlement plan. You should contact an insurance agent or broker if insurance coverage is desired in connection with the goods and services or your use of our platform.
Third-party service providers expressly acknowledge that we do not provide automobile liability, commercial general liability, workers’ compensation, or health insurance coverage to third-party service providers and is not responsible for paying for any liability that may arise from their performance of service, including any bodily injury or damage to property caused by or to the third-party provider while servicing us.
To ensure adequate protection, vendors and third-party service providers must maintain and procure commercial general liability insurance in an amount not less than one million dollars ($1,000,000.00) in the local currency per occurrence. This includes all necessary local relevant law requested insurance policies such as workers’ compensation coverage, and property insurance covering the goods from all risks of loss during storage and transit.
We require that the users, vendors, third-party service providers and all service providers add us as an Additional Insured to any policies of insurance related to their use of our platform and services. The user shall also include waivers of subrogation in favor of us in all such policies. This is necessary to ensure that we are protected against any claims, losses, damages, liabilities, and expenses arising out of the parties use of our platform and services. All parties must ensure that all insurance policies are endorsed to reflect this requirement and that certificates of insurance are provided to us upon request.
SEVERABILITY
If a court of competent authority decides that a provision of this agreement is invalid or unenforceable, the remainder of this agreement (and to the extent practicable, the relevant provision) will remain in full force and effect. This agreement comprises the complete understanding and agreement between the parties relating to the subject matter of this agreement, and this agreement supersedes all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter of this agreement.
LIMITATION OF LIABILITY
YOU INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, SERVICE PROVIDERS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES HARMLESS AND NOT LIABLE FOR ANY ACTIONS, CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND EXPENSES INCLUDING LEGAL FEES FROM YOUR USE OF OUR PLATFORM AND INTERNET SITES. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES AND DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION BY YOU OR ANY THIRD-PARTY. WE DO NOT MAINTAIN INSURANCE FOR LOSS, THEFT, OR DAMAGE CAUSED BY A THIRD-PARTY TO ANY GOODS AND SERVICES IN CONNECTION WITH PLATFORM. YOU ASSUME EXPOSURE TO AND RISK OF ANY LOSS, THEFT, TAMPERING OR DELAY IN YOUR USE OF THE GOODS AND SERVICES ON OUR PLATFORM. IN NO CASE WILL WE BE ACCOUNTABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL, LOSS OF TANGIBLE OR INTANGIBLE PROPERTY, OR FOR LOSS OF BUSINESS OR REVENUES, SUFFERED BY THE OTHER PARTY OR ANY THIRD-PARTY ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON AGREEMENT, TORT (INCLUDING NEGLIGENCE, MISREPRESENTATION), LOSS OF USE OR CORRUPTION OF SOFTWARE, OR ANY OTHER LEGAL THEORY, EVEN IF WE OR CUSTOMER (OR THEIR PATRONS) HAVE BEEN COUNSELED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF A BREACH OF ANY OF THESE TERMS AND CONDITIONS OR OTHER PROVISIONS, OUR MAXIMUM COMBINED LIABILITY TO YOU IS FIVE HUNDRED DOLLARS ($500.00 CAD) CANADIAN DOLLARS IN TOTAL. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT APPLY TO FEES OWED BY CUSTOMER TO US, OR TO FRAUD OR WILLFUL CRIMINAL ACTS. OUR TOTAL LIABILITY TO YOU FOR USAGE OF PLATFORM (AND NOT IN RELATION TO ANY OTHER ARRANGEMENTS BETWEEN US FOR WHICH THE LIABILITY ARRANGEMENTS ARE GOVERNED BY WAY OF SEPARATE AGREEMENT) WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 CAD). WE TAKE NO RESPONSIBILITY OR LIABILITY TO EITHER THIRD-PARTY SERVICE PROVIDERS OR VENDORS FOR THE INCLUSION OF ANY PROHIBITED GOODS OR A VENDOR’S FAILURE TO DISCLOSE SPECIAL GOODS OR LIVE ANIMAL OR A THIRD-PARTY SERVICE PROVIDER’S OR VENDOR’S FAILURE TO COMPLY WITH ALL CANADIAN LAWS PERTINENT TO IT.
EXCEPT AS EXPRESSLY GIVEN HEREIN, WE DELIVER OUR SERVICE, ALL MATERIALS ON THE PLATFORM AND INTERNET SITES “AS IS” AND WITH NO WARRANTY. WE DO NOT GUARANTEE THAT THE FUNCTIONS AND DATA CONTAINED IN THE PLATFORM OR OUR SERVICE WILL MEET USERS’S NEEDS OR THAT THE FUNCTION OF THE PLATFORM OR OUR SERVICE OR DATA PROVIDED THEREIN WILL BE UNINTERRUPTED OR FAULT FREE. WE HEREBY DENY ALL OTHER WARRANTIES WITH RESPECT TO THIS AGREEMENT, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, (A) ANY INDIRECT OR STATUTORY WARRANTIES COVERING OUR SERVICE AND (B) ANY IMPLIED GUARANTEES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A SPECIFIC PURPOSE.
NONETHELESS OF ANY OTHER LAW OF BOUNDARIES PROVIDED UNDER RELEVANT LAW, NO CLAIM, LITIGATION OR ACTION OF ANY KIND, REGARDLESS OF FORM, ARISING FROM OR RELATING TO THIS AGREEMENT OR OUR SERVICE MAY BE BROUGHT BY USER’S/CUSTOMER’S/ETC. AGAINST US MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE CIRCUMSTANCES UNDERLYING SUCH CLAIM, LITIGATION OR ACTION.
YOU ACCEPT THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES THROUGH THE USE OF THE PLATFORM DOES NOT ESTABLISH US AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS OR DELIVERY SERVICES ARE PROVIDED BY THIRD-PARTY SERVICE PROVIDERS WHO ARE NOT EMPLOYED BY US OR ANY OF OUR AFFILIATES. THE PLATFORM IS STRICTLY A UNION PLATFORM FOR VENDORS, CUSTOMERS, THIRD-PARTY SERVICE PROVIDERS, AND OTHER END USERS TO OBTAIN GOODS AND SERVICES.
We hold zero legal responsibility for:
- your actions and outcomes
- third-party associated issues (e.g., payment gateway, device compatibility, data handling software, server issues etc.)
- acts of employees, service providers, and affiliates of ours that are out of our scope and regulations.
- employees, service providers, and affiliates of ours not following regulations of the law.
- payment of any legal incurring fees of your actions
- services being completed incorrectly due to incorrect information provided by you.
- vendor’s licensing and operations
- third-party service providers licensing and operations
- availability of vendors
- availability of service coverage in your region
- supply of third-party service provider in your region
- supply of vendors in your region
CHANGES TO THIS AGREEMENT
The content of this agreement is for your general information and use only. These agreements are subject to modification without notice. You acknowledge that this information may contain inaccuracies or errors and is subject to adjustment and we expressly omit liability for any such inaccuracies or errors to the fullest degree authorized by law. We urge you to regularly review this page (and all available policies & agreements) for the latest information on the agreement. Your continued use of our platform and internet sites constitutes your agreement to be obliged by such amendments to this agreement. Your only remedy, if you do not agree to the terms of this agreement, is to cease use of and access to our platform and internet sites.
Each version of this agreement is identified by its effective date on this article.
ENGLISH VERSION CONTROLS
Non-English versions of this agreement are supplied for accessibility only. In the occurrence of any ambiguity or conflict between interpretations, the English version is authoritative and rules.
CONTACT US
If you have inquiries or concerns concerning this agreement or about our legal practices, please contact us by electronic mail at Legal@delcolink.com or at:
DelcoLink Group LTD.
Legal Team of DelcoLink Logistics
200 – 250 UNIVERSITY AVENUE
TORONTO ON M5H 3E5
Last Updated: Dec 19, 2022