Terms and Conditions
Last Updated: February 25, 2021
USERS TERMS
These Terms of Use (“Terms”) govern the access on which users (“You”) using the website and mobile application (“Platform”) owned and operated by the Great Foreseeson Local Delivery Inc. (“GLD”).
Please review the Terms of Use carefully before using the Platform or accessing any material or information through the Platform. By using our services or clicking on the “I Accept” button, You acknowledge that You have read and accept the Terms and agree to be legally bound by them. Use of and access to the Platform is offered to You upon the condition of acceptance of all terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by GLD at its sole discretion. GLD may immediately terminate these Terms or any service on the Platform with respect to You, or cease offering or deny access to the Platform any portion thereof, at any time for any reason.
Use of the Services
- You shall be permitted to access the Platform upon creating an account. You will be required to enter your personal information including your name, email address and mobile phone number. Our collection and use of the provided personal information in the connection with the Platform is provided in the Privacy Policy.
- As part of the registration, You may be required to undertake a verification process to verify your personal information while setting up the account. You agree the information provided is complete, accurate and up-to-date. In the event of any changes to the information, You are responsible to promptly update the information or contact customer support.
- GLD shall not be responsible or liable for the accuracy and completeness of any information provided by You. You acknowledge and accept that GLD has not independently verified the information provided by you. If you provide any information that is untrue, inaccurate, not current or incomplete, GLD reserves the right to suspend or terminate your account and refuse all current and future use of the Platform at any time.
- Our Platform is only available for users at least 18 years of age. You may not assign or otherwise transfer, sell or trade your account to another person or entity at any time. You shall not have more than one active account on the Platform.
- You will be responsible for maintaining the confidentiality of your account information, and are fully responsible for all activities that occur under your account. You agree to immediately notify GLD of any unauthorized use of your account. You may be held liable for any loss or damage arising from your failure in keeping your account secure and confidential.
- If you wish to use GLD’s services available through the Platform, You may be asked to provide certain information including but not limited to your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that You have the legal right to use any credit card(s) or other payment method(s) in connection to the purchase of Items and/or our services and the information You provide is true, correct and complete.
- You shall not initiate any transactions for any Items which is illegal, immoral, unethical, unlawful, unsafe and violation of this Terms and applicable laws. You agree to use the Platform solely for the intended purposes. Other purposes including but not limited to exploiting, harming, impersonating, disabling, damaging, or impairing our services are prohibited.
- GLD holds the right to terminate or suspend your account at any given time in regards of You violating any rights in this Terms. You may also apply to terminated your account via email to GLD support. Upon termination, GLD shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
Services
- The Platform enables You to schedule the logistic services for personal or purchasable items (“Items”), with independent third-party providers (“Cargo Delivery Partner(s)”) and will be transported from You and/or pick-up location (“Shipper”) to a user or receiving location (“Recipient”).
- GLD may, at its absolute sole discretion, add, modify, upgrade, extend, or withdraw any services from time to time. GLD does not guarantee You that all services will be available at all times.
- You acknowledge that GLD does not provide the logistics services or function as a transportation carrier and that all logistics services are provided by Cargo Delivery Partners who are not employed by GLD or any of its affiliates.
- You hereby agree and acknowledge that GLD is only a facilitator between You, Recipients and Cargo Delivery Partners and only provides You access to the Platform to connect with Recipients and Cargo Delivery Partners for You to initiate transactions on the Platform. You hereby agree and acknowledge that GLD will not be a party to any of the transactions that are initiated by You through the Platform. Further, You hereby agree and acknowledge that GLD shall not be liable for the conducts and acts of the Cargo Delivery Partners in the course of providing their services to You or any loss or damages to the Items.
- Shipment status tracking may be available on some shipment types. Accuracy and estimated time of arrival provided on the Platform may be inaccurate due to the Internet mapping rules and GPS reception of the Cargo Delivery Partner. GLD does not guarantee the services will be uninterrupted or error free. We will use reasonable endeavors to provide a good and consistent service. GLD will not be responsible for any damages or loss due to interruption or delays on our Platforms.
- All transactions initiated by You on the Platform are subjected to weather and traffic conditions. GLD shall not be liable for any indirect, direct damage or loss, costs, expenses incurred by You in relations to the transactions.
- GLD does not check or verify the Items that are being picked-up, therefore GLD shall not be held liable in regards of the Items content. However, if it comes to knowledge that You have packaged any illegal, dangerous substance or restricted items, GLD shall have the right suspend to the transaction and report You the government authorities and take appropriate legal actions against You. Items that are prohibited include but are not limited to these categories:
• Explosives
• Gases
• Flammable Liquid
• Flammable Solids
• Oxidizing Substances
• Toxic and Infectious Substances
• Radioactive Material
• Corrosives
• Miscellaneous Dangerous Goods
- You agree by using the liquor or tobacco delivery service, you are over the age of 19 or legal age in your area of jurisdiction. You agree to be present upon delivery and will provide 2 government ID pieces. GLD sells neither liquor or tobacco to person under the age of 19 or minors. Drivers will have the right to refuse completion of the transactions if You are unable to provide 2 government ID pieces or You are visibly intoxicated.
- GLD shall be entitle at any time without giving any reason to terminate Your request or usage of our services on our Platform.
- You understand and acknowledge that GLD does not sell or provide any such Items. You and/or the Shipper will be responsible for the quality, merchantability, fitness, correct packaging and labelling of such Items. In event of any grievances arises, GLD will not be held liable for any damage or loss, costs, expenses incurred with respect to this.
- You agree and understand that scheduling of a transaction on the Platform depends upon the availability of the Cargo Delivery Partner around your area at the time of the scheduling. If a transaction initiated by You cannot be completed, You shall be notified on the Platform.
- You agree to provide accurate information and specifications in regards to your Items when initiating a transaction through the Platform. GLD have the right to cancel your transaction if the information and specifications of your Items is inaccurate and does not match the Items information provided.
- Upon delivery, our Cargo Delivery Partners will knock on the door, ring the doorbell or call the Recipients to notify the Items has arrived. In the event the Recipient is not present and failure to get Recipients’ response via phone or other communication channel, our Cargo Delivery Partners will leave the Items at the door in a secure location.
Fees and Payments
- You understand that the use of our services through the Platform may result in fees charged to You. GLD will facilitate your payment of the applicable fees for the services You have received on behalf of the Cargo Delivery Partners. Fees paid by You are final and non-refundable, unless otherwise determined by GLD.
- Fees will be charged after the Request confirmed.
- Shipping fees shown on the Platform are in Canadian dollars. Fees shown may not include penalty fees. In the event where penalty fees are applicable, the amount will be automatically charged onto the provided payment card.
- All charges are due immediately and payment will be facilitated by GLD using the preferred payment method on your account.
- GLD uses the third-party payment processors to charge onto your credit card. You provide consent to the collection and use of your information by such payment processing service as necessary to process your payments. You agree we may charge your payment card for the services provided and any additional applicable fees in connection to your shipment. We will provide you with an online or emailed billing summary statement.
- GLD reserves the right to establish, remove and/or revise the fees, discounts and any charges for any services between You and GLD at any time at GLD’s discretion.
- In the event where Items are stored at GLD’s warehouse due to cancellation and undelivered items, You who initiated the shipment of the Items will be charged a daily storage rate of until further notice of re-delivery.
Ratings & Social Media
- You agree that after completion of a transaction on the Platform, You will provide an honest rating and comments about the Cargo Delivery Partner (with respect to the services performed by the Cargo Delivery Partner) and Shipper if applicable (with respect to the Items). Cargo Delivery Partners and Recipients may also be prompted to rate You on the Platform.
- You give the consent for GLD to use, share and display such ratings and comments in any manner in connection with the business of GLD. GLD reserves the right to edit or remove comments in the event that such comments include personal information, violate any privacy laws or content policies.
- GLD encourages You to express your opinions freely on our social media platforms. You will be held responsible for all comments, reviews, links and photographs or forms of expression (“Submission”) You post. By posting any Submission, you represent and warrant you have all appropriate rights to such Submission.
- GLD reserves the right to remove or edit any Submission at any given time.
Cancellation
- The transaction initiated by You on the Platform may get cancelled if:
i. Transaction involves Items that is illegal, offensive or violation of the Terms. You will be held liable for all applicable fees and expenses regarding the transaction.
- You may cancel the transaction on the Platform only if:
i. The time of the cancellation request is before the preparation of the pick-up.
ii. No Cargo Delivery Partner has accepted the requested shipment.
Representations and Warranties
- ou agree to use the Platform only: (i) for the purposes that are permitted by this Terms and (ii) in accordance with any applicable law, regulations or generally accepted practices or guidelines. You agree not to engage in any activities that may affect the use of the Platforms by GLD or Cargo Delivery Partners or other users.
- You represent and warrant that You have not received any notice from third party and no litigation is pending against You in any court law that prevents You from accessing GLD’s Platform.
- You represent and warrant that You are legally authorized to view and access GLD’s Platform.
- You agree not to access the Platform by any means other than through the interface this is provided by GLD. You shall not use any methods to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
- You acknowledge and agree that by accessing or using the Platform, You may be exposed to content that You may consider offensive, indecent or objectionable. GLD disclaims all liabilities in relation to such offensive content on the Platform.
- You agree and acknowledge that the use of our services offered on the Platform is at your sole risk and GLD disclaims all representations and warranties of any kind, whether express or implied for any purposes.
- All materials/content on our Platform (except any third-party content available) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by GLD. You acknowledge and agree that the content is made available for limited, non-commercial and personal use only. No material may be copied, reproduced, republished, sold, downloaded or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms.
- You agree You will be responsible for making sure the Recipient is present upon delivery and all applicable fees will be charged to You if the Recipient is not present.
Intellectual Property Rights
- The Platform including but not limited to, all text, video, graphics, user interfaces, visual interfaces, sounds, artwork, algorithm and computer code, except any third-party software available on the Platform, is owned GLD and protected by copyright, patent and trademark always and other intellectual property rights.
- Trademarks, logos and service marks displayed on the Platform are property of GLD, except any trademark, logo and service marks of third parties. You are not permitted to use any trademark, logo and service marks without prior consent of GLD or third parties.
Limitations of Liability & Indemnity
- You agree to indemnify, defend and hold harmless GLD and its affiliates from and against any and all losses, liabilities, claims, damages, demands, cost and expenses asserted against or incurred by the indemnitees that arise out of, or in the connection with your use of the Platform.
- In no event shall the indemnitees be liable to You for any special, incidental or indirect damages whatsoever from out of or in connection with your use of the Platform.
- GLD will not be liable for any indirect, incidental, special or consequential damages, including lost data, lost profit, personal injury or property damage related to our services on the Platform.
- GLD does not provide coverage on Items that are transported using GLD’s services. You may choose to insure the Items itself using third party insurance companies or contact GLD support regarding insurance. If there is liability found on GLD’s part for loss or damages to the package contents, the liability is limited to $2.00 per pound per transaction, to a maximum of $50.00 and for no circumstances will there will be consequential or punitive damages.
- In the case where Items are left at the door, You agree GLD will not be liable for any indirect, incidental, special or consequential damages related to the loss of the Items.
Third-Parties
- Our Platform may contain links to third-party websites or services not owned or controlled by GLD. You acknowledge that different terms of service and privacy policy may apply to You when using third-party services and content. GLD takes no responsibility and is not liable for actions, products and content or damages caused by the third-party websites or content. GLD does not warrant the products or contents for any third-party websites and You shall access at your own risk.
- Agreeing to this Terms and Privacy Policy provides us the consent to use third-party analytics services to collect, monitor and track personal information provided by You.
Governing Law and Dispute Resolution
- These Terms will be the governed by the laws of the Province of British Columbia. These laws apply to your access to or use of the GLD services and Platform, notwithstanding your domicile, residency or physical location. The Platform are intended for use only in jurisdictions where they may lawfully be offered for use.
- Scope of Arbitration Agreement. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing your claim. You agree that any dispute or claim between You and GLD relating in any way to your use or access of the services, any advertising or marketing communications regarding GLD or the services, any products or services sold through the services will be resolved by binding arbitration, rather than in court. You may assert claims in small claims court if your claims qualify and as long as the matter remains in court and advances only on an individual (non-class, non-representative) basis. You will not join any claims with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative of any kind against GLD or any affiliates of GLD.
- If the dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a dispute, You and GLD agree that the dispute will be resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR institute of Canada, Inc. There will be no appeals of any kind. The language of arbitration will be English unless otherwise required by applicable law or agreed to by You and us. GLD will pay the reasonable arbitration costs.
Additional Terms
- We reserve the unconditional right to change, modify, add or remove portions of the terms and conditions at any time without specifically notifying You. Any changes or updates will be effective immediately.
- We may also require You to follow additional rules, guidelines or other conditions in order to participate in promotions or activities available through the Platform. Any contests, sweepstakes or other promotions made available through the Platform may be governed by rules that are separate form these Terms. Please review the applicable rules when You participate in the contests, sweepstakes or other promotions.
- GLD may send You by email in regards of updates in relating to this Terms, the Privacy Policy and/or promotions for our services. You may choose to opt out of this communication notification by contacting GLD support.