TERMS AND CONDITIONS
TERMS OF USE:
These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Contract Courier (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood, and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.
The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g. companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from the parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately. Any Services you will apply or get from this platform then we will unable to refund you and fine you and your parents or legal guardian.
Contract Courier reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
1.2 What we do:
Through our Platforms, Contract Courier links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food, prescriptions, grocery and miscellaneous non-food items (hereinafter collectively referred to as “Goods”) to be delivered to you. When you place an order for Goods from our Vendors (“Order”), Contract Courier acts as an agent on behalf of that Vendor to facilitate, process, and conclude the order and subsequently for either us or the Vendor to deliver your order to you. Vendors may be owned and operated by third-party vendors, our affiliate companies, or us.
1.3 How to contact us:
For customer support, you may reach out to us via email or through call 1 (403) 402-6647.
2 Use of the Platforms and Contract Courier Account:
2.1 You will need to register for a Contract Courier account for you to use the Platform. When you register for a Contract Courier account, we will ask you to provide your personal information including a valid email address, a mobile phone number, and a unique password. To book an Order, depending on which payment method you opt for, you may need to provide us with confirmation issued by the Buyer. You can create your account on our platform and we will provide you with the login details which should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Contract Courier account are your sole responsibility.
2.2 Contract Courier shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect, or missing information provided by you. You are obliged to provide information that is complete, accurate, and truthful for the proper processing of the Order, including your delivery address and contact information.
2.3 If you wish to delete your Contract Courier account, please send us an email requesting the same. We may restrict, suspend or terminate your Contract Courier account and/or use of the Platforms if we reasonably believe that:
2.3.1 someone other than you is using your Contract Courier account; or
2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies, and guidelines, or involved inactivity or conduct which we deem in our sole discretion to be an abuse of the Platforms.
3 Restrictions:
3.1 Activities Prohibited on the Platforms
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Contract Courier reserves the right to investigate and take appropriate legal action against anyone who, in Contract Courier’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;
3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Contract Courier in its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by Contract Courier in its sole discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be “spam,” as determined by Contract Courier in its sole discretion;
3.1.9 impersonate another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12 harassing, threatening, stalking, or abusing any person on the Platforms;
3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Contract Courier, exposes Contract Courier or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
3.1.14 encouraging other people to engage in any prohibited activities as described herein.
3.2 Contract Courier reserves the right but is not obligated to do any or all of the following:
3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3.2.3 suspend or terminate a user’s access to the Platforms or their Contract Courier Account upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platforms; and
3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.
4 Intellectual Property:
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Contract Courier and/or third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Contract Courier’s trademarks on any other website not approved by us is strictly prohibited. Contract Courier will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Contract Courier neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Contract Courier. Use of any materials on the Platforms is at your own risk.
5 Restrictions on Goods:
5.1 Some of the Goods ordered by the Buyer are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the State you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic or tobacco products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.
5.2 Alcohol / Alcoholic Products (“Alcohol”)
To purchase Alcohol, you must be of the statutory legal age. Contract Courier, and our delivery riders, as the case may be, reserve the right in their sole discretion:
5.2.1 to ask for valid proof of age (e.g., ID card) to any persons before they deliver Alcohol;
5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
5.2.3 to refuse delivery to any persons for any reason whatsoever.
5.3 Cigarettes/Tobacco Products (“Tobacco”)
5.3.1 Some of our Vendors may offer Tobacco where the laws allow. By offering Tobacco for sale on our Platforms, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way.
5.3.1 To purchase Tobacco, you must be of the statutory legal age. Contract Courier, and our delivery riders, as the case may be, reserve the right in their sole discretion:
5.4 Any offer for any Alcohol, Tobacco, or any illegal products (which are banned or void by the government) made on the Platforms is void when it is prohibited by law.
6 Orders:
6.1 When you acquired delivery services from Contract Courier, Contract Courier will confirm your order by sending you a confirmation email or text containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g., goods and services tax, value-added tax, etc.).
6.2 Minimum Order Value – Some of our vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
6.3 Special Instructions – The Contract Courier and the Vendor (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible, or commercially reasonable, the Contract Courier and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Contract Courier nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4 Allergens – Contract Courier is not obligated to provide ingredient information or allergen information on the Platforms. Further, Contract Courier does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions, or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platforms.
6.5 Please note that your order may be subject to additional terms and conditions provided by the Vendor.
6.6 Prior to placing the Order
6.6.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.
6.6.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.
6.7 Placing the Order
You can place your order from anywhere or call us and we will pick the item for you and deliver it to your doorstep
6.8 Cancelling an Order
6.8.1 Please contact us immediately via email or call 1 (403) 402-6647 if you wish to cancel your order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order.
6.8.2 Refunds
As a courier company, we are only offering you delivery services. If you wish to request a refund then you can contact the shop or store from where you have placed your order. In a situation where customers request for a return of an item from the same address as we were requested to deliver, Contract Courier charges a return fee for the product.
6.9 Contract Courier reserves the right to cancel any Order and/or suspend, deactivate or terminate your Contract Courier account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Contract Courier account and/or with your Order.
7 Prices and Payments:
7.1 Prices quoted by the Vendors shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept the offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
7.2 We only display the prices of our Delivery services and may vary depending on the Vendor, and the prices reflected on our Platforms may:
7.2.1 include GST, HST, or such other equivalent tax; or
7.2.2 exclude GST, HST, or other equivalent taxes.
A breakdown of the prices and additional charges is displayed before checkout. When you place an order, you agree to all amounts, additional charges, and the final ‘Total’ amount which is displayed to you.
7.3 Delivery fees are chargeable on every Order unless:
7.3.1 you have a valid promotional or discount voucher is applicable if your vendor is approving that; or
7.3.2 unless stated otherwise.
7.4 Prices indicated on the Platforms areas at the time of each Order and may be subject to change.
7.5 You can choose to pay for an order using any of the different payment methods offered on the Platforms including:
7.5.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal, Apple Pay;
7.5.2 Cash-on-Delivery; or
7.5.3 Such other payment methods we offer from time to time.
7.6 If you have existing credit in your Contract Courier account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.
7.7 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.
7.8 Payment Methods
Contract Courier reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card/payment information will be stored with our third-party payment service provider(s) for future orders. Contract Courier does not store your credit card or payment information.
7.9 You must ensure that you have sufficient funds on your credit and debit card to fulfill the payment of an Order. Insofar as required, Contract Courier takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations, and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
8 Delivery, Pick-Up, and Vendor Delivery:
8.1 Delivery Areas
You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
8.2 Delivery Time:
8.2.1 Contract Courier shall deliver your order to the delivery address provided by your Vendor. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your email confirmation or text by the vendor or us but delivery times shall vary depending on factors that are not controlled by us (e.g., order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. If your Order contains Alcohol or Tobacco (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, Contract Courier reserves the right not to deliver your order to you.
8.3 Unsuccessful or Failed Deliveries:
8.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
(i) no one was present or available to receive the Order; or
(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
(v) in the case of Restricted Goods, the customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.
8.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the order arrives at your delivery address, Contract Courier reserves the right to cancel the order without refund or remedy to you.
8.4 Wrong Order, Missing Items, Defective Goods
Upon receipt of your order, if you discover that there are issues with your Order (e.g., wrong order, defective order, or missing items) please contact your services provider Vendor to resolve this issue. We will not take any responsibility for that. We are only providing door-to-door services and by that, we only pick goods from the vendor and deliver it to their instructed customers.
8.5 Order Pick-Up
We provide very professional and secured door-to-door delivery services and pick up goods from your door and deliver it to your mentioned address safely and securely. You can contact us for rates and services.
8.6 Vendor Delivery
In some cases, the Vendors will deliver the Order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. Contract Courier shall not be responsible in any way for Orders or Goods that are delivered by Vendors.
9 Vouchers, Discounts, and Promotions:
9.1 From time to time, Contract Courier may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts, or other vouchers. Additional terms and conditions may apply to Vouchers.
9.3 Unless otherwise stated, Vouchers can only be used on our Platforms.
9.4 Vouchers cannot be exchanged for cash.
9.5 Contract Courier reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply
9.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you.
10 Representations, Warranties, and Limitation of Liabilities:
10.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms is provided on an “as is” and “as available” basis and that your use of or reliance upon the Platforms and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion. While Contract Courier makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner that is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications, or events of force majeure.
10.2 Limitation of Liability
To the extent permitted by law, Contract Courier (which shall include its employees, directors, agents, representatives, affiliates, and parent company) exclude all liability (whether arising in contract, in negligence, or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Contract Courier entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages including, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Contract Courier entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Contract Courier, the Contract Courier entities, its agents, representatives, and service providers’ liability shall be limited to the extent permitted by law.
10.3 Vendor’s representations
Contract Courier shall neither be liable for actions or omissions of the Vendor nor you in regard to the provision of the Goods and where Vendor Delivery applies to your Order. Contract Courier does not assume any liability for the quantity, quality, condition, or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos, and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.
11 Vendor Liability:
Vendors are responsible for the preparation, condition, and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for the delivery of the Goods and/or Orders. Contract Courier shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.
12 Personal Data (Personal Information) Protection:
You agree and consent to Contract Courier and any of its affiliate companies collecting, using, processing, and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms and shall form a part of these Terms.
13 Indemnity:
You agree to indemnify, defend, hold harmless Contract Courier, its directors, officers, employees, representatives, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
14 Third-Party Links and Websites:
The Platforms may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. Contract Courier does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Contract Courier accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.
15 Termination:
Contract Courier has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Contract Courier, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Contract Courier may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
16 Amendments:
Contract Courier may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.
17 Severability:
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
19 Contact Us:
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email at info@contractcourier.ca
20 Groceries / Prescription / Convenience Shops:
20.1 The purchase of Goods from Vendors on ‘SHOPS’ on the Platforms, including Prescriptions are subject to these Terms. Additionally, you agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the purchase of Goods from SHOPS which are incorporated into and form a part of these Terms.
20.2 Due to delivery constraints, Contract Courier may be required to impose a cap on the amount of your order or limit the quantities of Goods in your Order from SHOPS at its sole discretion.
20.3 Unless otherwise stated, all purchases from SHOPS shall be subject to the SHOPS cancellation, refund, and returns policy.
20.4 Where the prices of any Goods are subject to the definitive weight of the Goods, we will provide an initial estimate of the price for the purposes of checkout. The final price shall be indicated in your email or text confirmation containing your tax invoice. For shortfalls in payment, additional amounts shall be charged to you. For overpayments, excess amounts, please contact your Vendor’s SHOPS cancellation, refund, and return policy.
20.5 We reserve the right, but are not obligated, to restrict or limit the sales of our goods to any person, geographic region, or jurisdiction. Due to the laws in some parts of the country, we shall not offer for sale of illegal goods, or age-restricted items to you (e.g., alcohol, tobacco, weapons, illegal drugs or etc.). Any offer for any Goods made on the Platforms is void when it is prohibited by law.
21 Prevailing Language:
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
22 Web Site Terms of Use and Privacy Policy:
You hereby confirm that you have read and understood Contract Courier’s Web Site Terms of Use and Privacy Policy, the terms of which are incorporated herein by reference, and you agree to abide by those terms.
23 General:
These Terms and Conditions of Sale (this “Agreement”) and the Web Site Terms of Use and the Privacy Policy represent the complete agreement between the parties in relation to the purchase of the Products or Goods and supersede all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Contract Courier to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. We may assign our rights and obligations under this Agreement to any party at any time without notice to you. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this Website must be brought in the courts of the Province of Alberta located in Calgary, Alberta and you hereby irrevocably attorn to the jurisdiction of the courts of the Province of Alberta for all such purposes.