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Terms and Conditions for On-Demand Delivery Services

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1. Introduction


Welcome to [Nexoo, Nexoo.ca, and all Affilifate Company] ("Company," "we," "us," or "our"). By accessing or using our on-demand delivery services ("Services"), you agree to be bound by these Terms and Conditions ("Terms"). These Terms form a legally binding agreement between you (the "User") and the Company. If you do not agree with these Terms, you must not use our Services. It is your responsibility to read and understand these Terms before accessing our platform or engaging with our Services. the Nexoo mobile application and associated services (the "Mobile App") and other services offered by Nexoo are owned and operated by Nexoo, Inc. ("Nexoo" "we" or "us"). The Website and Mobile App (the "Platform") provide a means to enable persons or enterprises ("you" or the "Customer") who seek courier services to certain destinations ("Services") to be matched with registered couriers, who may be Nexoo employees or independent contractors ("Couriers").

 

 

THE FOLLOWING AGREEMENT DESCRIBES THE TERMS OF SERVICE UPON WHICH NEXOO OFFERS YOU ACCESS TO AND USAGE OF THE PLATFORM AND SERVICES.

1. These terms of service (these "Terms") constitute a legal agreement between you and Nexoo.

 In order to use the Platform and Services you must agree to these Terms. By using the Platform or receiving any Services, including downloading and installing the Mobile App, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as provided herein.

2. Changes to terms of service

We reserve the right to modify these Terms or its policies relating to the Platform or Service at any time, effective upon posting of an updated version of these Terms on the Platform. You are responsible for regularly reviewing these Terms. Continued use of the Platform or any Service after any such changes will constitute your consent to such changes.

 

2. Definitions

  • Customer: An individual or entity requesting delivery services through the Company’s platform.

  • Delivery Partner: An individual or entity contracted to perform delivery services on behalf of the Company.

  • Platform: The website, mobile application, or any other digital interface provided by the Company for accessing and managing Services.

  • Prohibited Items: Goods that cannot be delivered as per these Terms, including but not limited to illegal, dangerous, or restricted items.

 

3. Eligibility
To use our Services, you must meet the following requirements:

  • Be at least 18 years of age;

  • Provide accurate, complete, and up-to-date information when registering or placing an order;

  • Have the legal capacity to enter into contracts and comply with all applicable laws and regulations in the provinces of British Columbia and Ontario.

The Company reserves the right to refuse service to any individual or entity at its discretion.

 

4. Service Scope
The Company provides on-demand delivery services for a range of goods, including:

  • Food and beverages;

  • Retail merchandise;

  • Personal Items.

  • Business Items

 

By using the Platform and Services, you agree that you:

- will only use the Platform and Services for lawful purposes;

- will not use the Services for sending or storing any unlawful material or for fraudulent purposes;

- will not use the Platform and Services to cause nuisance, annoyance or inconvenience;

- will not impair the proper operation of the network;

- will not try to harm the Platform or Services in any way whatsoever;

- will provide us with whatever proof of identity we may reasonably request; and

- will only use an access point or data account that you are authorized to use; and are aware that when requesting services using SMS, standard-messaging charges will apply.

 

The Company reserves the right to reject any order that violates laws or regulations or involves prohibited items. Prohibited items include, but are not limited to:

  • Hazardous materials (e.g., explosives, flammable liquids);

  • Controlled substances or illegal drugs;

  • Items requiring special permits or documentation without prior arrangement.

 

5. User  Responsibilities
As a User you agree to:

  • Provide accurate delivery details, including recipient name, address, and contact information;

  • Ensure that the items for delivery are securely packaged and comply with legal and safety standards;

  • Promptly pay all applicable fees, including additional charges for special or expedited services;

  • Cooperate with Delivery Partners to facilitate successful and timely delivery.

 

A) In order to access the Service, you may be required to register for a Nexoo account (an "Account"). You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your "Credit Card"); (b) maintain and promptly update your Account to keep it true, accurate, current and complete; (c) review the fees (accessible on the Website) to be charged for your use of the Services (the "Fees"); and (d) authorize Nexoo or its third party service providers to charge your Credit Card for any and all Fees incurred by you for your use of the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You are responsible for all reasonable costs incurred by Nexoo in attempting to obtain payment of Fees, including any attorneys' fees, collection agency fees, interest fees and court costs.

 

B) You represent and warrant to Nexoo that you will: (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Platform and Services; (c) be responsible for all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying us in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with these Terms; and (e) comply with all applicable Canada and international laws, statutes, ordinances, rules, regulations, contracts regarding use of the Platform and Services.

C) You further represent, warrant and covenant that: (i) you are at least 18 years old and have the power, and authority to enter into and perform your obligations under these Terms; (ii) all information you provide to Nexoo, including Credit Card information, is truthful, accurate and complete; (iii) you are authorized, or have the permission of the authorized signatory of the Credit Card used to pay any Fees incurred from use of the Services; and (iv) you have provided and will provide accurate and complete registration information.

 

6. Delivery Partner Responsibilities
Delivery Partners are independent contractors and are responsible for:

  • Complying with all applicable traffic, safety, and delivery regulations;

  • Maintaining valid licenses, insurance, and permits required to perform deliveries;

  • Treating all goods with care and adhering to the delivery timeline.

Delivery Partners acknowledge that they are not employees of the Company and assume full liability for their actions during service delivery.

 

7. Payment Terms

  • Payment for Services must be made through the Platform using approved methods (e.g., credit card, debit card, or digital wallet).

  • Delivery fees are calculated based on factors such as distance, package size, and weight.

  • Additional fees may apply for same-day, rush, or specialized delivery services.

  • Failure to pay fees in a timely manner may result in suspension or termination of Services.

 

8.  Limitation of Liability
The Company limits its liability as follows:

  • Delays: The Company is not liable for delays caused by factors beyond its control, including but not limited to traffic, weather, or road closures.

  • Loss, Theft, or Damage: The Company’s liability for loss, theft, or damage to items is capped at a maximum of CAD $100 per delivery. This cap applies only when loss or damage occurs due to negligence by the Company or its Delivery Partners.

  • Physical Injury: The Company is not liable for any physical harm, injury, or accidents experienced by either the Customer or Delivery Partner during the provision of Services.

  • Exclusions: The Company is not responsible for losses due to unforeseen circumstances, force majeure events, or non-compliance with these Terms by the Customer or Delivery Partner. Claims must be submitted within 24 hours of delivery, including supporting documentation.

 

IN NO EVENT WILL NEXOO OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). NEXOO AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PLATFORM OR SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PLATFORM OR SERVICE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE PLATFORM, EVEN IF NEXOO OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


9. Insurance
Customers seeking greater protection are encouraged to purchase additional insurance coverage directly through the Platform or a third party.  [Nexoo, Nexoo.ca, and all Affilifate Company] ("Company," "we," "us," or "our") does not provide any kind of insurance and customers need to seeking a greater protection on its additional insurance.

 

10. Cancellation and Refund Policy

  • Cancellations by Customer: Orders canceled before pick-up are eligible for a full refund. Orders canceled after pick-up may incur a cancellation fee.

  • Cancellations by the Company: The Company reserves the right to cancel orders for any reason, including non-compliance with these Terms.

  • Refunds: Refunds are granted at the Company’s sole discretion based on the specific circumstances of the cancellation.

 

11. Privacy Policy
You should carefully read our full Privacy Policy before using the Platform and Services as it is hereby incorporated into these Terms by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that we may process such information, within the terms of the Privacy Policy.

 

12. Intellectual Property
All content on the Platform, including logos, trademarks, designs, and software, is owned or licensed by the Company. Unauthorized use, reproduction, or distribution of such content is strictly prohibited.

 

 

 

 

Use of the Mobile App

 

In addition to these Terms, your use of the Mobile App is subject to the following additional terms (the "App Terms"): You understand and agree that (i) your use of the Mobile App is conditioned upon Your acceptance of these App Terms; (ii) the Mobile App contains copyrighted material, trade secrets, and other proprietary materials of Nexoo and its licensors; and (iii) in order to protect those proprietary materials, except as expressly permitted by applicable law, neither You nor a third party acting on Your behalf will: (u) decompile, disassemble or reverse engineer the Mobile App. We as a comany (Nexoo) obtain the right to service, modilfy, the whole applcation without any notice..(iv) permit us to send and deliver updates to you as part of your use of the Mobile App; and (v) allow the Mobile App to automatically download and install updates from time to time, which are designed to improve, enhance and further develop the Mobile App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.

 

You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Mobile App for your device. Nexoo is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Mobile App. Nexoo reserves the right to terminate these Terms and the App Terms should you use the Nexoo Platform and Services with an unauthorized device

 

13. Termination
The Company reserves the right to suspend or terminate access to its Services if a Customer or Delivery Partner: We reserve the right to terminate or restrict your Account, these Terms, or the use of any or all of the Nexoo Platform and Services, without notice, for any reason. You agree that Nexoo will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms.

 

  • Violates these Terms;

  • Engages in fraudulent, illegal, or harmful activities;

  • Acts in a manner that negatively impacts the Company reputation or operations.

  • Termination does not absolve users from outstanding financial obligations.

 

14. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the Province of Ontario. Any disputes arising from these Terms will be subject to the jurisdiction of the courts in the respective province.

 

15. Dispute Resolution
Disputes will be resolved through arbitration in accordance with provincial laws. Arbitration will be the exclusive remedy unless otherwise required by applicable legislation.

 

16. Modifications
The Company reserves the right to amend these Terms at any time. Updates will be posted on the Platform, and continued use of the Services constitutes acceptance of the revised Terms.

 

17. Disclaimer of warranties

NEXOO DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY NEXOO. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

INTERNET DELAYS--THE NEXOO PLATFORM AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEXOO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

 

19. Indemnification

You agree that you will defend, indemnify and hold Nexoo, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Couriers, or (c) your use or misuse of the Platform or Service.

 

During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Nexoo and its licensors will have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party. Nexoo does not endorse any sites on the Internet that are linked through the Platform, and in no event will Nexoo or its licensors be responsible for any content, products, services, or other materials on or available from such sites or third party providers. Certain third-party providers of goods and services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Nexoo disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.

 

Nexoo may utilize third-party advertising and marketing supplied through the Platform and other mechanisms to subsidize the Platform and Services. By agreeing to these Terms you agree to receive such advertising and marketing. Nexoo may compile and release information regarding you and your use of the Platform or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Platform.

 

21. Terms of Carriage

You further agree to the following "Terms of Carriage" for all Nexoo Services provided. These Terms of Carriage apply to Nexoo, its Couriers, employees, and contractors.

 

RESTRICTED ITEMS - The following items shall be considered as "Restricted Items" and are not acceptable for shipment by Nexoo: firearms; fireworks; tobacco products; flammable or dangerous goods or hazardous materials (such that hazardous shipping papers are required applicable laws, rules or regulations) (except, subject to Section 16(D) below, dry ice); money, cash, coins, currency, paper money, endorsed stocks, bonds and cash letters; live humans or animals of any kind; fragile or very expensive or rare items; human corpses and/or cremated remains; used hypodermic needles and syringes or medical waste “Blood, urine, bodily fluids, and other liquid specimens containing infectious substances, are considered "Dangerous Goods”; packages that require us to obtain jurisdiction or local license for transportation; packages that may cause damage or delay to equipment, personnel, or other packages; gaming devices (such as lottery tickets) where prohibited by federal, province or local laws; packages whose carriage is prohibited by law, statute or regulation of the province in which the package may travel; stolen goods; any items which you do not have the right, standing or permissions to ship.

 

Any package with an odor or any package that is wet or leaking will NOT be accepted for carriage. If a shipment damages or contaminates any property, the shipper will be held responsible for and will reimburse Nexoo for any and/or all costs, fees, and expenses incurred in connection with such damage or contamination.

 

The Canada Transportation ("DOT") regulates the movement of "Dangerous Goods" by all modes of transportation. When Nexoo's Couriers encounter improperly declared or undeclared shipment of "Dangerous Goods," we are required by law to report the packages to the DOT.

 

RIGHT OF REFUSAL - Nexoo and its Couriers reserve the right to refuse, hold, or return a package at all times. A package may be refused if: - the package could potentially cause damage to other packages, equipment, or employees or contractors; - the package is likely to sustain damage or loss during transit, as solely determined by Nexoo or its Couriers; - carriage of the package requested may violate these Terms; - carriage of the package may be in violation of local, provincial law. acceptance of the package may place in jeopardy our ability to provide service to another customer.

 

COD DELIVERIES - Nexoo and its Couriers do not offer Collect on Delivery ("COD") service under any circumstances. Please do not ask our Couriers to pay for items at pickup and wait to be compensated for out-of-pocket payments upon delivery.

 

CANCELLATIONS - Once a Requester has submitted to Nexoo for processing, any cancellation or changes must be made before the Courier arrives at the Pickup Address. If the delivery is cancelled any time after arrival at the Pickup Address, the full charge may apply. And the items may return to the sender (the requester)

 

WRONG OR RE-ROUTED ADDRESSES - Nexoo will attempt to complete delivery to the address provided by the sender at the time of order submission. It is the sender's sole responsibility to provide Nexoo with the correct destination address for the intended recipient, and the sender agrees that Nexoo will not be responsible for any losses, damages, or other issues caused by delivery to the address provided by the sender.

 

REJECTION OF DELIVERY - If the recipient refuses to accept delivery of a package, we will when feasible, contact the sender for instructions on returning or disposing of the package. If the sender requests the return of the package, the sender will incur further charges for the return of the package subject to standard Nexoo rates. If a package cannot be delivered to the original recipient or returned to the original sender, the package may be held, transferred, or disposed of by Nexoo at its sole discretion, with or without notice, and the shipper agrees to pay any costs incurred in the package hold, transfer, or disposal.

 

INSPECTION - We may, but are not obligated to, open and inspect any package or shipment at our sole discretion without prior notice

 

COURTESY QUICK QUOTE - The courtesy rate reflected in the "Quick Quote" provided by us, if shown, may be different than the actual final charges for your delivery. Differences may occur based on actual weight, dimensions, time, distance, and other factors.

 

22. Accessorial charges

PACKAGE SIZE AND WEIGHT - Our pricing estimates are based on deliveries that are less than 40 pounds and can fit easily in a passenger car, van, or SUV. Packages that require special handling due to their cubic volume, shape, size, or weight over 40 pounds will require additional coordination and may be subject to additional charges or delivery time.

 

PACKAGES NOT PREPARED FOR SHIPPING - A Courier will arrive to pick up your package at a time based on the estimated time of arrival ("ETA") quoted to you on the Platform. If your package is not ready for pick up within 5 minutes of the quoted ETA or the Courier arriving (whichever is later), or if your shipment is improperly packaged and the Courier incurs a delay waiting for the package to be properly prepared, your Nexoo may need to be rescheduled or refused at the Courier's sole discretion.

23. Notice

Nexoo may give notice by means of a general notice on the Platform, electronic mail to your email address on record, or by written communication sent by first-class mail or pre-paid post to your address on record. Any notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).

 

24. Electronic Communications

By using any portion of the Nexoo Platform and Services, you agree to receive notices and electronic communications from Nexoo. These communications may include information about your Account or information related to the Nexoo Platform, Service, and features. You agree that any notice, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

25. Disclosure and injunctive relief

Nexoo may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Nexoo Platform and Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Nexoo's rights or property, or the rights or property of visitors to or users of the Nexoo Platform and Services, including Nexoo's customers. Nexoo reserves the right at all times to disclose any information that Nexoo deems necessary to comply with any applicable law, regulation, legal process or governmental request. Nexoo may also disclose your information when Nexoo determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

You acknowledge and agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Nexoo, for which monetary damages would be inadequate, and you consent to Nexoo obtaining any injunctive or equitable relief that Nexoo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Nexoo may have at law or in equity.

 

26. Assignment

Nexoo may assign or delegate these Terms and the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Nexoo's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

 

27. Waiver

The failure of Nexoo to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them will not be construed as a waiver or relinquishment of Nexoo's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Nexoo of any provision, condition, or requirement of these Terms or the Privacy Policy will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Nexoo will be deemed a modification of these Terms nor be legally binding unless documented in physical writing, hand signed by you and a duly appointed officer of Nexoo.

28. Force Majeure

Nexoo will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Nexoo’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

29. Contact Information
If you have questions or concerns about these Terms, please contact us at:

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