Welcome to the Web site operated by zipments.ca (hereafter referred to as "zipments.ca," "we," "us," or "our"), a Delaware corporation. This Web site - www.zipments.ca - and any services, applications, content or information on the web site (collectively or individually, as the case may be, the "Site") is a service made available by zipments.ca. All content, information, and services provided on and through the Site may be used only under the following terms and conditions, as they are amended from time to time (the "Terms"), whether or not you become a registered user of the Services. As used in these Terms, "Customer" means a registered user who posts a job for courier services, and "Courier" means a registered user who submits a bid to provide courier services for a job posted by a Customer.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO COMPLY WITH THESE TERMS. WE MAY CHANGE THE TERMS THAT GOVERN YOUR USE OF THE SITE FROM TIME TO TIME EFFECTIVE UPON POSTING OF AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. BY USING THIS SITE, YOU AGREE THAT THE POSTING OF NEW OR REVISED TERMS AND CONDITIONS ON THE SITE WILL CONSTITUTE ADEQUATE AND CONSTRUCTIVE NOTICE TO YOU OF ANY AND ALL REVISIONS AND CHANGES. CONTINUED USE OF THE SERVICE AFTER ANY SUCH CHANGES OR AFTER EXPLICITLY ACCEPTING THE NEW TERMS UPON LOGGING INTO THE SITE SHALL CONSTITUTE YOUR AGREEMENT TO FOLLOW THE TERMS AS CHANGED. IN ADDITION TO CHANGES IN THE TERMS, WE MAY CHANGE, EDIT, DELETE OR REVISE PORTIONS OF THE SITE AT ANY TIME WITHOUT NOTICE.
USER CONTENT & CONDUCT. 2.1 Neutral Venue. You acknowledge and agree that the Site will function solely as a conduit for the receipt, management and transmission of content supplied by you and third parties (the "Content"). We are not involved in the actual face-to-face contact between users, and we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site. We are not responsible for any Content. We will not monitor, exercise control over, or review, evaluate, or assess any Content. As between you and us, you have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of your or another party's proper or improper use of Content. 2.2 Content License. If you post or submit Content through the Site, and unless we indicate otherwise, you hereby grant to us a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license, which we may sublicense, to: (a) use, copy, reproduce, perform, display, publish and distribute (internally and externally) copies of, the Content (including any trademarks that consist of text or that are embedded or incorporated into such Content, e.g., a logo in a product image); and (b) adapt, modify, re- format and create derivative works of such Content which derivative works are also subject to the license set forth in clause (a). You also hereby grant us and our sublicensees the right to use the name that you submit in connection with such Content. Our rights to the Content will apply to the Content in any form or medium, whether now known or hereafter known. 2.3 Content Violation. As between You and us, You have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of Your or another party's proper or improper use of the Content. We may, but are not obligated, to review Content that you submit. If notified that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the Content. We have no liability or responsibility to you and other users for performance or nonperformance of such activities. We reserve the right to expel you and prevent your further access to the Site for violating these Terms or the law and the right to remove Content that is abusive, illegal, or disruptive. We have no obligation to post any Content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any Content that you post or submit. We may take any action with respect to Content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us. 2.4 Content Warranty. You represent and warrant to us that (i) You have the rights to grant us the rights that You purport to grant in this Agreement; (ii) Content is accurate and not misleading; and that (iii) Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." 2.5 Restrictions on Use. You agree that you will not: (a) interfere, breach or abuse the security measures implemented to limit access and protect the Site and the resources used to provide the Site; (b) disrupt or interfere with the operation of the Site or the resources used to provide the Site; (c) transmit through the Site any virus, trojan horse, or similarly harmful, disruptive or destructive computer program, script or object; (d) monitor, mirror, copy, summarize or create any derivative work from any website through which some or all the Site is provided or any materials used to provide the Site (including the underlying software); (e) use another person's account or password to access the Site or otherwise obtain unauthorized access to the Site or the data or information of another person; (f) use the Site in any illegal manner or for any illegal purpose, or any other manner or purpose that would expose us or our service providers to civil or criminal liability; (g) use the Site to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use the Site for commercial purposes; (h) transmit or communicate to us or our service providers any information that is illegal or which it does not have permission to transmit or communicate; (i) reverse engineer, decompile or reverse assemble any software used to provide the Site; (j) use the Site in any manner that could reasonably be expected to damage, disable, overburden or impair the Site; (k) interfere with the security of, or otherwise abuse the Site or the system resources, accounts, servers or networks connected to or accessible through the Site; (l) permit any person under the age of 18 to access or use the Site; register for more than one Courier account and one Customer account or register for a user account on behalf of an individual other than yourself; (m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (n) use automated scripts to collect information or otherwise interact with the Service or the Site; (o) use the Site to find a Customer or Courier and then complete the transaction offline in order to circumvent your obligation to pay for the service; (p) submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; (q) submit a bid on a job that you cannot or do not intend to perform; or (r) attempt, or permit or authorize any other person to do, or omit to restrict any user from doing, any of the foregoing. We reserve the right to suspend or restrict the provision of the Site as we determine in our sole discretion. 2.6 Identity Verification. You are responsible for determining the identity and suitability of others with whom you connect through this Site. We encourage you to communicate directly with potential Customers and Couriers through the tools available on the Site and to review your Couriers' and Customers' profile pages for feedback from other users. 2.7 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interaction with any other user of the Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Site and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Site may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable. 2.8 Release. You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from zipments.ca You hereby release zipments.ca. (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as Customer or Courier in connection with the Site. If you are a California resident, then you waive California Civil Code section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 2.9 Posting Jobs. If you post a job through the Site which is accepted by you and a Courier, you acknowledge and agree that the price you specify for that job will constitute an essential part of a binding agreement between you and the Courier. You further agree not to alter the price once accepted. 2.10 Legal Compliance. You are responsible for using the Site in a manner that complies with all applicable local, state, national and international laws and regulations.
PAYMENT. 3.1 Fee Structure. As a Customer, you agree to pay the amount agreed upon between you and the Courier you've selected for the job. 3.2 Payment Logistics. As a Customer, if you accept a bid from a Courier for a job you've posted, then you will provide your credit card information and billing address. Your card will be charged the full balance at the time of acceptance, and zipments.ca. will hold the funds. When the Customer confirms receipt of delivery and rates the Courier, or 24 hours after the Courier has confirmed delivery, whichever is sooner, zipments.ca. will remit the held funds to the Courier. 3.3 Cancellation and Refunds. As a Customer, you may cancel a posted job at any time prior to accepting a Courier's bid. If you decide to cancel a job after you have accepted a Courier's bid, you may be able to receive a refund; however, cancelation fees may apply. If a Courier fails to perform a job or performs the job poorly, then you may be able to receive up to a full refund of your service fees; however, you are not entitled to additional compensation by zipments.ca zipments.ca will work to help you resolve a dispute with a Courier who has missed a job assignment, lost or damaged your packages, or committed theft. To provide an efficient and safe marketplace, you will contact the Courier directly if you have a dispute and notify zipments.ca of the dispute. We encourage you agree to rate Couriers on the Site according to your level of satisfaction with their services. 3.4 Chargebacks. If you have a dispute with a Courier or Customer, you should contact that party directly and attempt to resolve the matter. If the matter cannot be resolved between the parties directly, then you agree to notify zipments.ca and zipments.ca will work with you to help resolve the dispute. You should not attempt to resolve the dispute by initiating a chargeback. Unwarranted chargebacks initiated by you may result in the suspension or termination of your zipments.ca account. The zipments.ca process is intended to ensure integrity of the feedback system and accuracy of any credit applied to a zipments.ca account. 3.5 Taxes. zipments.ca does not operate or provide transportation services, and zipments.ca is not a freight broker. zipments.ca does not act as an agent for any transportation service provider. zipments.ca merely makes available a marketplace in which Customers and Couriers can meet and arrange for the purchase and sale of delivery services. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either Couriers or Customers. 3.6 Damages. As a Courier, you are responsible for delivering a Customer's package(s) in the condition that it was given to you. If a Customer claims otherwise and provides evidence of damage, including but not limited to photographs, then you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim, you will remit payment. Failure to remit payment may result in removal from the zipments.ca Site and possible legal action. 3.7 Third Party Payment Systems. You agree that you will not use the PayPal service or other third party payment service in connection with the Site for any activity that: 3.7.1 violates any law, statute, ordinance or regulation; 3.7.2 relates to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law; 3.7.3 relates to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services; 3.7.4 involves the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; 3.7.5 violates applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; or 3.7.6 involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
INTELLECTUAL PROPERTY. 4.1 Copyright and Trademark. The Site design, software applications, data compilations, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions, ALL RIGHTS RESERVED. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to our trademark rights. "zipments.ca," and "www.zipments.ca" are trademarks of zipments.ca protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise. 4.2 Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.
TERMINATION. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services. Upon termination we will promptly pay you any applicable fees held in escrow and due to you, less our Service Fee.6.
MODIFICATION OF SERVICES. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
DISCLAIMER OF WARRANTIES. 7.1 YOUR USE OF THE SITE AND INTERACTION WITH CUSTOMERS AND COURIERS IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT zipments.ca DOES NOT CHECK ANY CUSTOMER, COURIER, OR OTHER USER'S BACKGROUND OR RECORD. zipments.ca IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER'S COMMENTS AND THIRD-PARTY REFERRALS ON CUSTOMERS AND COURIERS. USE COMMON SENSE. BE AWARE AND BE SAFE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 7.2 WE DO NOT REPRESENT OR WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR THAT (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. 7.3 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS USE OR TRANSMISSION. 7.4 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM THE SITE WILL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITS ON LIABILITY. 8.1 WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE THE SITE; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE SITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO A CUSTOMER, COURIER, OR ANY OTHER USER OF THE SITE; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY CUSTOMER, COURIER, OR OTHER THIRD PARTY ON THE SITE; OR (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF THE SITE OR PERSONS INTRODUCED TO YOU BY THE SITE, WHETHER ON-LINE OR OFF-LINE. 8.2 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY. 8.3 EXCEPT AS SET FORTH IN SECTION 12, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).
INDEMNITY. You shall defend, indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to (i) your use of the Site; or (ii) allegations of facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
REPORTING MISCONDUCT. If you conduct business through the zipments.ca Site with anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, then you will immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at email@example.com; provided, however, that any such report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
JURISDICTION AND VENUE. These Terms shall be interpreted in accordance with the laws of the State of New York, without regard to conflicts-of-law principles. Any lawsuit related to this Agreement shall be brought in any state or federal court located in New York County, New York, and you hereby irrevocably agree and consent to the exclusive jurisdiction of the state and federal courts sitting in the State of New York. You and zipments.ca each waives any right to have a jury participate in resolving any dispute, whether sounding in contract, tort or otherwise, between or among any of the parties arising out of, connected with, related to or incidental to this Agreement. Instead, any disputes resolved in court will be resolved in a bench trial without a jury.
ATTORNEY'S FEES. The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney's fees and costs.
This policy was last modified on 11/15/2013