IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, THE APP, OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, THE APP, THE SERVICES OR THE CONTENT.
1. SERVICES AND AGREEMENT
LoadErUp owns and operates the Website and the App. The Agreement governs your use of the Services available via use of the Website and the App to which you are granted access under this Agreement, including but not limited to accessing the Content. This Agreement constitutes a legal agreement between you and LoadErUp.
LoadErUp is not a carrier or provider of any courier services. It is up to the Driver to offer courier services that will be scheduled through a Driver’s and your use of the Website or the App.
LoadErUp reserves the right, at its sole discretion, to change, suspend or discontinue the Services at any time and without prior notice to you or to otherwise modify this Agreement, at any time. If LoadErUp modifies this Agreement, it will post the modification on the Website and the App or otherwise provide you with notice of the modification. LoadErUp will also update the “Last Updated” date at the top of this page on the Website and the App. By continuing to access or use the Services after LoadErUp has posted a modification on the Website and the App or LoadErUp has otherwise provided you with notice of a modification, you are agreeing to be bound by the modified terms of this Agreement. If the modified terms are not acceptable to you, your only recourse is to cease using the Services. If you have any questions regarding this Agreement, please contact email@example.com.
Your use of any Services accessible through the Website or the App may also be subject to your acceptance of separate agreements with LoadErUp and/or third parties, including without limitation, in the case of a Driver, an independent contractor agreement. This Agreement incorporates by reference applicable subscription, registration, activation, ordering, and pricing terms provided to you online or offline for the Services selected by you, which may be subject to change from time to time.
2. GRANT AND RESTRICTIONS
Subject to the terms of this Agreement, LoadErUp grants you a personal, limited, nonexclusive, royalty free, nontransferable right to (i) access the Services solely for the purpose of using the Services; and (ii) install the App on any single computer, mobile device, tablet, or similar technology, and to use the App and the Website solely in connection with the Services for your private and personal use.
Except as expressly permitted in this Agreement or by applicable law, you may not, nor may you allow a third party to do any of the following: (i) license, sublicense, copy, assign, lease, loan, sell, resell, republish, upload, post, transfer, distribute or commercially exploit to any third party the Services; (ii) modify or create derivative works based on the Services or the Content on the Website or the App, in whole or in part; (iii) access or attempt to access any other LoadErUp systems, programs, features or data that are not made available in the Services or for public use; (iv) decompile, modify, translate, disassemble, or reverse engineer the Services in whole or in part, including without limitation any attempts to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Website or the App; (v) interfere with the proper working of the Services, prevent access to or the use of the Services by other users or Customers, or impose an unreasonable or disproportionately large data load on LoadErUp’s infrastructure; or (vi) use the Services except as expressly allowed under this Agreement.
By using the Services, you warrant to LoadErUp that you will not use the Website, the App, or the Services, including without limitation the Content, for any purpose that is unlawful or prohibited by this Agreement.
3. RESERVATION OF RIGHTS AND OWNERSHIP
LoadErUp reserves all rights not expressly granted to you in this Agreement. The Services and the Content associated therewith are protected by copyright, trademark, trade secret and other proprietary and intellectual property rights and laws. LoadErUp and/or its Service Providers own all right, title, copyright, and other worldwide intellectual property rights and interests in the Services, including but not limited to the Content, its technology, derivatives, and modifications of the Services. LoadErUp does not grant any license or other authorization to you under or to any of its trademarks or other copyrightable material or other intellectual property.
You agree to maintain and reproduce all copyright and other proprietary notices appearing on all copies, in any form, of the Content forming part of the Services in the same form and manner that such copyright and other proprietary notices are placed on that Content. Except as expressly authorized in this Agreement, you shall not make any copies or duplicates of any of the Content appearing on the Website or the App without the prior written permission of LoadErUp.
Your Account Information must be accurate, current and complete as prompted in the enrolment process. You are responsible to ensure that all of your Account Information is accurate, current, and complete. If you provide any Account Information that is not accurate, current, or complete, and you do not promptly correct, update, or complete such Account Information, or LoadErUp has reasonable grounds to suspect that your Account Information is not accurate, current, or complete, LoadErUp may, in its sole discretion, suspend or terminate your Account and refuse any current or future access and use of the Services or any portion thereof. You are responsible for your Account and the maintenance, confidentiality and security of your Account, all passwords that you choose to access your Account, and any and all activities that occur under your Account, including any activities of any person who gains access to your Account with or without your permission. You agree to immediately notify LoadErUp of any unauthorized use of your Account or any other breach of security.
By creating an Account, you agree that LoadErUp may send you text messages, mobile notifications, and/or emails as part of the normal business operation of your use of the Services. You may opt-out of receiving text messages and/or emails from LoadErUp at any time by emailing firstname.lastname@example.org. You acknowledge that opting out of such Communications may affect your use of the Services.
5. ORDERING AND DELIVERY
Once you submit an Order and your credit card payment has been authorized, you will not be entitled to change your Order and you will not be entitled to a refund (except where required by law). Any confirmation page that you may see on the Website or the App and any Order confirmation that you may receive each merely indicate that your Order has been received and is being processed by LoadErUp, and does not necessarily mean that your Order has been accepted by the Driver. A Driver has the discretion to reject an Order at any time because he or she is too busy, due to weather conditions, or for any other reason. Once you have submitted an Order and your payment has been authorized, your bank or card issuer will charge the full amount of the Order, and you will not be able to cancel the Order. If your Order is subsequently rejected by the Driver or cancelled by LoadErUp for any other reason, your bank or card issuer will not transfer the funds for the Order to LoadErUp. Rather, your bank or card issuer will release the payment amount into your available balance. There may be a delay in such release. You acknowledge and agree that neither LoadErUp nor the relevant Driver(s) will be responsible or liable to you in relation to any such delay in the release of funds to you.
A Driver will attempt to complete delivery of the Merchandise to the address provided by you at the time of submission of the Order. It is your sole responsibility to provide LoadErUp with the correct destination address for the intended recipient, and you hereby agree that neither LoadErUp nor the Driver are responsible for any loss, damage or other liability caused by delivery of the Merchandise to the address provided. You may incur additional charges for any delays due to incorrect shipping information.
The Driver is not responsible for or required to deliver any Merchandise to an address that is reasonably deemed unsafe by the Driver. If the delivery address associated with your Account cannot be found at the time of delivery, or if such delivery address is reasonably deemed unsafe by the Driver, LoadErUp will attempt to contact both you and the intended recipient (as applicable) for instructions. If, after reasonable attempts to contact both you and the intended recipient (as applicable), the Driver is unable to complete the Order, LoadErUp will arrange for the return of the Merchandise to you. Re-routing and any re-delivery attempts will result in additional charges to you.
Orders are only for delivery of Merchandise. As an example for clarity purposes, and without limitation, Drivers are not responsible for setting up any Merchandise, placing Merchandise into correct rooms at the delivery address, or removing Merchandise from its packaging.
You agree to comply with all applicable municipal, provincial, territorial, and federal laws governing packing, packaging, marking and labelling of Merchandise for all Orders.
All Merchandise must be prepared and packed for safe transportation in compliance with applicable laws and for handling in an express transportation environment. Merchandise susceptible to damage because of conditions that may be encountered during transit such as changes in temperature or atmospheric pressure, or adverse pavement/road conditions must be adequately protected by proper packaging. Each shipment must be accompanied by a legible and durably marked description of the nature and quantity of the Merchandise, and the name, address and postal or zip code (as applicable) of the intended recipient of the Merchandise.
Each Merchandise item must be less than 23 kilograms (51 pounds), no more than 24”L x 24”W and 24”H, and can fit easily in a passenger car, van or SUV. Merchandise that requires special handling due to its cubic volume, shape, size, or weight over 23 kilograms (51 pounds) combined will require additional coordination and may be subject to additional terms and conditions including fees charged to you.
If Merchandise leaks or is damaged due to inadequate packaging, the Merchandise will be returned to the location where it was picked up by the Driver, if possible. If the Merchandise cannot be returned because of leakage or damage due to faulty packaging, or for any other reason, you are responsible for, and will reimburse LoadErUp for, all costs and fees of any type incurred in connection with the storage and/or disposal of the Merchandise and the clean-up and remediation of any spill or leakage.
LoadErUp reserves the right, in its sole but reasonable discretion, to refuse, hold or return any Merchandise and may do so without liability. By way of example and not limitation, LoadErUp may exercise this right if the Merchandise: (a) may cause damage or delay to other deliveries, property, or personnel; (b) is likely to sustain damage or loss in transit because of improper packaging or otherwise; (c) appears to be damaged upon pickup by the Driver; (d) contains any prohibited items as may be identified on the Website or the App from time to time; or (e) may jeopardize LoadErUp’s ability to provide Services to other Customers. You acknowledge and agree that LoadErUp has no liability whatsoever for refusal or rejection of Merchandise, provided that LoadErUp’s refusal or rejection of Merchandise is exercised in good faith.
LoadErUp does not provide refrigerated shipping vehicles and will not be liable for Merchandise that could be damaged by exposure to ordinary fluctuations in temperature.
When you place an Order, you may choose the time you would like your Order to be picked up or delivered. This time is only an estimate and LoadErUp offers no guarantee with respect to this time. You agree that neither LoadErUp nor any Driver is responsible for any delays in receiving your Order for any reason.
7. PRICE AND PAYMENT
LoadErUp’s pricing uses an algorithm based on the distance the Driver travels to transport the Merchandise, and time spent loading and unloading the Merchandise. Such pricing may vary depending on delivery address. Prices will be as quoted on the Website and the App when you place your Order. Payment for the Order will be transacted through LoadErUp’s applicable third party payment processor(s). You consent to the collection and use of your information, including personal information, by such payment processing service as necessary to process your payments and the Order. LoadErUp hereby reserves the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree that LoadErUp may charge your payment card for any Order and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. LoadErUp will provide you with an online and/or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided to you by LoadErUp.
LoadErUp may change the fees for the Services as it deems necessary or reasonable in its sole discretion.
You also grant LoadErUp permission to combine your personal information, if any, with that of others in a way that does not identify you or any individual personally for any reason in LoadErUp’s sole discretion, including without limitation to improve the Services.
The personal information that you provide to LoadErUp by using the Website, the App, and/or the Services will be stored on servers in the United States of America. LoadErUp has agreements with its Service Providers to protect the confidentiality and security of that personal information and that personal information is subject to the applicable laws of the United States of America. [NTD: Client to confirm data storage location]
9. MONITORING AND ACCESS
You agree that LoadErUp has the right, but not the obligation, to monitor the Website, the App, and the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website, the App, and/or the Services properly, or to protect itself or its Customers.
LoadErUp reserves the right to access, read, preserve, and disclose any information, including personal information, as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Agreement, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to Customer support requests; or (v) protect the rights, property or safety of its Customers and the public.
In order to use the Services, you must be the age of majority in the province, territory, or state in which you seek to use the Services, and you should have your parent's or guardian’s consent if you are under the age of majority in such province, territory, or state. LoadErUp reserves the right to confirm such consent at any time and to discontinue your use of the Website, the App, and the Services should such consent not be granted.
Your right to use the Services is personal to you. You are entirely responsible and liable for all information, data, text, messages, items, or other materials that you post, transmit, or transport using the Website, the App, and/or the Services.
You must comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the Website, the App, and the Services.
You may only use the Website, the App and the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials, including without limitation illegal drugs).
In certain instances, you may be asked to provide proof of identity to access, receive, or use the Website, the App, or the Services, and you agree that you may be denied access to, receipt of, or use of the Services if you refuse to provide such proof of identity.
You agree not to do any of the following:
- Use the Website, the App, the Services, or the Content for any illegal purpose in violation of any applicable municipal, provincial, territorial, federal or international law;
- Use the Website or the App in a way that would adversely impact use of the Website, the App, the Services, or the Content by other Customers;
- Message, submit, upload, request, deliver, provide, or transmit any text, graphics, images, message, information or other material that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of privacy;
- violates, constitutes, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is unlawful, abusive, tortious, pornographic, libelous, defamatory, obscene, pornographic, hateful, vulgar, offensive or racially or ethnically objectionable;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances;
- Copy any of the Content unless expressly permitted to do so herein;
- Collect or store personal information about other individuals including without limitation any other Customers and any Drivers;
- Cause nuisance, annoyance, inconvenience, or property damage, whether to a Driver or any other party;
- Use, display, mirror or frame the Website or the App, or any individual element within the Website or the App, LoadErUp’s name, any LoadErUp or third party trademarks or logos or other proprietary information, or the layout and design of any page or form contained on a page, without LoadErUp’s express written consent;
- Access, tamper with, or use non-public areas of the Website or the App, LoadErUp’s computer systems, or the technical delivery systems of LoadErUp’s Service Providers;
- Attempt to probe, scan, or test the vulnerability of any LoadErUp system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LoadErUp or any of LoadErUp’s Service Providers or any other third party (including without limitation another user or Customer) to protect the Website, the App, or the Services or the Content;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use the Website, the App, the Services or the Content in any manner not permitted by this Agreement;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, the App, the Services or the Content;
- Collect or store any personal information from the Website, the App, the Services, or the Content from other users of the Website, the App, the Services, or the Content, including without limitation from Customers, without their express consent;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual or other person to do any of the foregoing.
12. OTHER SERVICES
You may be made aware of Other Services, from time to time. If you decide to use Other Services, you may be subject to additional terms and conditions governing these Other Services.
You hereby grant LoadErUp permission to use information about your usage experience to enable LoadErUp to provide the Other Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services LoadErUp may provide to you in the future.
These Other Services, unless agreed upon by you, shall have no bearing whatsoever on your fees.
13. CONSENT TO COMMUNICATIONS
LoadErUp may be required by law to send Communications to you that pertain to the Website, the App, the Services, the Content, and the use of information you may submit to LoadErUp. You agree that LoadErUp, on behalf of itself, and its Service Providers, may send Communications to you by email and/or may make Communications available to you by posting them on the Website and the App. You consent to receive these Communications electronically.
If you later decide that you do not want to receive future Communications electronically, write to LoadErUp at 11807 132 Ave Edmonton AB Canada T5E 1A8, Attention: President. If you withdraw your consent to receive Communications electronically, LoadErUp may terminate your use of the Website, the App, and/or the Services, or portions thereof, including without limitation the Content.
14. APPLE APP STORE AND GOOGLE PLAY STORE ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions apply to you if you are using the App from the Apple App Store and/or Google Play Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the App from the Apple App Store and/or Google Play Store. You acknowledge and agree that:
- This Agreement is solely between LoadErUp and you, and not with Apple or Google, and LoadErUp (not Apple or Google) is solely responsible for the App and the content thereof. To the extent that this Agreement provides for usage rules for the App which are less restrictive or in conflict with the Apple App Store Terms of Service or Google Play Store Terms of Service, the more restrictive or conflicting Apple or Google term will take precedence and will apply;
- Apple and Google have no obligation whatsoever to provide any maintenance and support services with respect to the App;
- LoadErUp (not Apple or Google) is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement or misappropriation claims; and
- Apple and Google, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
LoadErUp and its Service Providers may solicit Feedback concerning the Website, the App, the Services and the Content from you, which LoadErUp and its Service Providers may use to improve the Website, the App, the Services, and the Content.
If you provide LoadErUp with any Feedback, LoadErUp may use such Feedback in the Website, the App, the Services, the Content, and/or in any other LoadErUp products or services. Accordingly, you agree that:
- LoadErUp is not subject to any confidentiality obligations in respect to the Feedback,
- the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to LoadErUp,
- LoadErUp may freely use, reproduce, publicize, license, distribute, and otherwise commercialize the Feedback,
- any Feedback that is provided by you and anything that LoadErUp or its Service Providers implement in the Services shall be owned by LoadErUp or its Service Providers (as the case may be),
- the Website, the App, the Services, and the Content, as they may be modified or improved by LoadErUp and/or the Service Providers, shall be the property of LoadErUp and/or the Service Providers, and
- you are not entitled to receive any compensation, reimbursement of any kind in respect of the Feedback
16. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, THE APP, AND THE SERVICES, INCLUDING THE CONTENT, IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, THE APP, THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS," AND “AS AVAILABLE”, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOADERUP DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE WEBSITE, THE APP, THE SERVICES, THE CONTENT AND RELATED MATERIALS INCLUDING ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. LOADERUP DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS OR QUALITY OF ANY ASPECT OF THE WEBSITE, THE APP, THE SERVICES OR THE CONTENT. LOADERUP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE WEBSITE, THE APP, THE SERVICES OR THE CONTENT, OR THAT THE WEBSITE, THE APP, OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOADERUP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY DRIVERS. LOADERUP WILL NOT BE LIABLE FOR ANY ISSUES RELATED TO ORDERS PROCESSED THROUGH THE WEBSITE OR THE APP. LOADERUP DOES NOT WARRANT THAT THE WEBSITE, THE APP, THE SERVICES OR THE CONTENT ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, THE APP, THE SERVICES, THE CONTENT, AND ANY ORDER REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
17. LIMITATION AND EXCLUSION OF LIABILITY, AND DAMAGES
UNDER NO CIRCUMSTANCES SHALL LOADERUP OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF REVENUE OR PROFITS; ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE WEBSITE, THE APP, THE CONTENT OR THE SERVICES; AND (C) ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, THE APP OR THE SERVICES, (II) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE WEBSITE OR THE APP, OR (III) PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOADERUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50.00) OR (B) ALL AMOUNTS YOU HAVE PAID LOADERUP IN THE PRIOR SIX (6) MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SHALL HOLD LOADERUP AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND SERVICE PROVIDERS, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES), INCURRED IN CONNECTION WITH ANY MERCHANDISE, MESSAGES, OR MATERIALS SUBMITTED, POSTED, TRANSMITTED, TRANSPORTED, DELIVERED, OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, THE APP, THE SERVICES, OR THE CONTENT, ANY INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND ANY DRIVER AND/OR ANY VIOLATION BY YOU OF THIS AGREEMENT, THE RIGHTS OF ANY THIRD PARTY, OR ANY APPLICABLE LAW OR REGULATION.
LoadErUp may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website, the App, the Services, the Content, or portions thereof. Cause for such termination shall include, but not be limited to,
- breaches or violations of this Agreement or any other agreement that you may have with LoadErUp;
- orders or requests by law enforcement or other government agencies;
- a request by you;
- discontinuance or material modification to the Website or the App (or any part thereof);
- unexpected technical, security or legal issues or problem;
- participation by you, directly or indirectly, in fraudulent or illegal activities; and/or
- you no longer consent to receive Communications in accordance with Section 13.
You acknowledge and agree that all terminations may be made by LoadErUp in its sole discretion and that LoadErUp shall not be liable to you or any third-party for any termination of your access to the Website, the App, the Services, or the Content.
Any termination of this Agreement by LoadErUp shall not affect LoadErUp’s rights hereunder and shall be in addition to any and all other rights and remedies that LoadErUp may have.
20. DISPUTE RESOLUTION
You and LoaderUp agree to endeavour to resolve any Dispute by negotiations; however, if a Dispute is not resolved by negotiation within ten (10) days of commencing negotiations, the Dispute shall be submitted to arbitration by a single arbitrator who is acceptable to both you and LoadErUp and whose expenses will be shared equally by you and LoadErUp. If you and LoadErUp cannot agree on an arbitrator, an arbitrator will be appointed by the ADR Institute of Canada. The determination of the arbitrator will be conclusive, final and binding on you and LoadErUp with respect to the Dispute. The Arbitration Act (Alberta) or successor legislation will apply to the arbitration.
You agree that any Dispute that cannot be resolved by the parties via negotiations in accordance with Section 20.1 will be settled by binding arbitration between you and LoadErUp, except that each party shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other proprietary or intellectual property rights.
21. FORCE MAJEURE
LoadErUp will not be liable to you for any failure of or delay in the performance of its obligations under this Agreement for the period that such failure or delay is due to causes beyond LoadErup’s reasonable control, including but not limited to acts of God, acts of social activism, power outages, failure of internet connectivity, war, strikes, labor disputes, government orders or any other force majeure event.
In addition to this Agreement, you may be subject to additional terms agreed upon in separate agreements with LoadErUp. In the event of any conflict between this Agreement and the separate agreement you have with LoadErUp, the terms of the separate agreement will govern.
This Agreement is the entire agreement between you and LoadErUp and sets forth the entire liability of LoadErUp, its affiliates and Service Providers, and your exclusive remedy with respect to the Website, the App, the Services, the Content and use thereof. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be interpreted to accomplish the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions of this Agreement will continue in full force and effect. You may not transfer any of your rights or obligations under this Agreement without LoadErUp’s prior written consent. This Agreement may be assigned without your consent by LoadErUp to
- a parent or subsidiary;
- a third party purchaser pursuant to an acquisition of the assets including the Services, in whole or in part; and/or
- a successor by merger or amalgamation. This Agreement will be governed by the laws of the Province of Alberta, without regard to its conflicts of laws principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue of the Judicial District of Edmonton, of the Courts of the Province of Alberta.
24. DEFINED TERMS
“Account” means an account on the Website or the App, which identifies you as a Customer of LoadErUp;
“Account Information” means all information provided by you in association with your Account, including without limitation, Registration Information;
“App” means the mobile application, LoadErUp Technologies;
“Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Website, the App, the Services or the Content;
“Content” means any programs, components, software, technology, internet-based services, tools, maintenance, updates, help content, other content, and new releases provided via the Website or the App;
"Customer" means a registered user of the Website or the App who posts an Order via the Website or the App;
"Disputes" means any dispute, claim or controversy arising out of or relating to this Agreement or the use of the Website, the App, the Services, or the Content;
"Driver" means an independent contractor who is a registered user of the App who submits a bid to LoadErUp to provide courier services for an Order posted by a Customer;
“Feedback” means any feedback, recommendations, suggestions, or comments that you provide relating to any aspect of the Website, the App, the Services, and/or the Content;
“LoadErUp” means 2147746 Alberta Inc. dba LoadErUp Technologies;
“Merchandise” means any item(s), product(s), or other good(s) that is/are transported by a Driver as a result of an Order;
“Order” means an order that you place for package delivery through the Services via the Website or the App;
“Other Services” means offered services, features, products, applications, or promotions provided by LoadErUp, other than the Services.
“Registration Information” means the information you enter when you create your Account, including without limitation certain of your personal information, and delivery and payment information;
“Service Providers” means all of LoadErUp’s third-party content or service providers, including without limitation its independent contractors, employees, Drivers, and third party payment processors;
“Services” means all services in association with product delivery in select cities as identified on the Website and the App, and includes the Content where the context requires;
“Website” means wwww.loaderup.ca and/or www.loaderupnow.com, as applicable; and
“You” or “you” means an individual who accesses or uses the Website, the App, or the Services, and may include a Customer and/or a Driver as the context requires.
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