Terms of Service
Last updated: September 6, 2019.
1. Description of Services
Parcel Port Solutions Inc. (“Parcel Port”, “we” and “us”) is the provider of intelligent lockers (the “Smart Parcel Lockers”) that are installed in multi-unit residential and commercial buildings and offered as a turn-key solution. These Smart Parcel Lockers allow couriers (each a “Courier”) easy access to drop-off tenant parcels, and tenants to pick up their own parcels at their convenience (the “Services”) 24/7. For the purpose of these Terms of Service, Services shall include (a) temporary storage of tenant parcels (each a “Shipment”), once delivered by the Courier and until picked up by you; (b) video monitoring of each Smart Parcel Locker; (c) electronic notifications that the Shipment has arrived and reminders.
2. Acceptance of Terms of Service
2.1 The Terms of Service represent a legally binding agreement between the undersigned (and your client, employer or another entity if you are acting on their behalf) (“you” or “your”) and Parcel Port and its affiliates or subsidiaries. The Services are offered on the sole condition of your acceptance without modification of any and all terms, conditions, and notices set forth below (collectively, the “Terms of Service”). By using the Services, you acknowledge that you have read, understood, and agreed to be bound by the Terms of Service and represent that you have read and understood the same.
2.2 If you are entering into these Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the Terms of Service “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you shall not accept the Terms of Service on behalf of such entity and you are not authorized to use the Services.
2.5 You acknowledge and agree that we may change or otherwise modify the Terms of Service in the future, and such changes and modifications shall become effective immediately upon posting at www.parcelport.com (the “Website”). You understand and agree that your continued access or use of the Services after such change or modification constitutes your acceptance of the changed or modified Terms of Service. Parcel Port endeavors to provide you with notice of any changes to the Terms of Service, but Parcel Port’s failure to do so shall not excuse your obligation to comply with any such modified Terms of Service. You agree to periodically review the most current version of these Terms of Service as posted on the Website.
2.6 In the event that you commit any breach or violation of any terms and conditions under our Terms of Service, we shall be entitled to immediately terminate our Services, return the Shipment to sender, and/or may take other legal action at our disposal.
3. Prohibited Products
3.1. The following are the types of products that, for everyone’s safety, you are prohibited to have delivered to a Smart Parcel Locker:
· Any product related to illegal activities or which is prohibited by law.
· Any products that infringe any intellectual property or other proprietary rights of any party.
· Any products that you do not have a right to possess under any law or under contractual or fiduciary relationships.
· Any products that pose or create a privacy or security risk to any person.
· Any products that are unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable.
· Any products that require an adult signature upon delivery.
· Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to:
o Live plants and animals;
o Alcoholic beverages;
o Ammunition and firearms;
o Any kind of weapon;
o Prescription pharmaceuticals or other dangerous drugs;
o Explosive or hazardous products;
o Unique or one-of-a-kind materials; or
o Precious metals in the forms of bullion or reserves.
3.2. Parcel Port shall not be liable for any loss, damage, destruction of such prohibited product.
4. General Conditions/ Access and Use of the Services
4.1. Subject to the terms and conditions of these Terms of Service, you shall not (and shall not assist another person to): (a) cause any type of damage to the Smart Parcel Locker; (b) use the Services in any manner that interferes with, or disrupts, the integrity or performance of the Services or its components or otherwise violates our Terms of Service; (c) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services; or (d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
4.2. Parcel Port reserves the right to at its sole discretion refuse, or hold any Shipment when, in the judgment of Parcel Port, the Shipment may not comply with the terms of this agreement, is undeliverable, is unfit for shipment, could be easily damaged, and/or is a prohibited item as described in paragraph 3.1, restrict or inhibit any other person from using or enjoying the Services, or which may expose Parcel Port, a Courier or Parcel Port users to any harm or liability of any type.
4.3. The failure of Parcel Port to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right. You acknowledge that these Terms of Service of Services form is a contract between you and Parcel Port, even though it is electronic and is not physically signed by you and Parcel Port, and it governs your use of the Services and takes the place of any prior agreements between you and Parcel Port.
4.4. If you don’t collect the Shipment from the Smart Parcel Locker within the set number of days of Delivery (as agreed to for your building), as defined below, we will return your Shipment to the Courier or the sender, as per the Courier’s policy. The fees incurred by Parcel Port as a result of this return, if any, will be borne by Parcel Port.
4.5 In the event that a particular Shipment requires a (non-adult) signature, the Courier will determine whether to deliver the parcel to the Smart Parcel Locker, to you in person or to the concierge of the building, if available.
5.1. You agree to promptly update your Registration Information as necessary. Access to, and use of, the Parcel Port account is restricted to authorized users only.
5.2. You agree not to share your account information, or account access information with any third party. You are responsible for maintaining the confidentiality of password(s), security code(s) and account information, and you are responsible for all activities that occur under your password(s), security code(s) or account(s) or as a result of your access to the account(s). You agree to notify Parcel Port immediately of any unauthorized use of your account. Parcel Port shall not be liable for any unauthorized use of your account.
5.3. You may invite other users to share your account (“Invited Member”). However, you shall be responsible for the actions and activities by the Invited Member on your Parcel Port account.
In the case where you are responsible to pay for the Services offered by Parcel Port (as agreed to with the property manager and/or owner of your building) you must provide complete and accurate payment information. Payment for the Services shall be made by credit card on file with Parcel Port. Totals at checkout will include all costs, including provincial/federal taxes. Any taxes or duties which may arise as a result of international shipping are the sole responsibility of the customer. Payment for the Services is billed on a per Shipment basis and becomes due and payable at the moment the Shipment is deposited into the Smart Parcel Locker and the slot door locked (“Delivery”).
If you are responsible to pay for the Services offered by Parcel Port there is a flat fee of $1.25 CDN for each slot in the Smart Parcel Locker, regardless of size (the “Fee”). The total fee charged to you will be based on the number of slots used by the courier when delivering the Shipment. Parcel Port is not responsible for the number of slots used by the courier during delivery.
6.3. Account Balance
In the event that payment of the Fee is not received at the time of the Delivery (due to the absence of a payment method in your account or the failure to process the payment on your credit card at the time of delivery), you will receive an email notification of non-payment and we will proceed to hold the Shipment for up to 48 hours following such notification (the “Hold Period”). At the expiry of the Hold Period, we will return the Shipment to the sender or the Courier, as per the policy of the Courier. During the Hold Period, you will not be able to retrieve the parcel from the Smart Parcel Locker.
You agree to indemnify and to hold harmless Parcel Port, our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use of the Services and/or your violation of the Terms of Service.
8.1. As Is
Parcel Port endeavors to provide the Services in accordance with these Terms of Service. You acknowledge that the Services are provided on an “as is” basis. Parcel Port expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement for the Services. The use of the Services shall be at your own risk.
8.2. As Available
You further acknowledge that the Services are provided on an “as available” basis and that each Smart Parcel Locker is limited in the number of slots and their respective sizes. You recognize that from time to time there may be a high number of Shipments delivered to your building such that Delivery cannot happen as the Smart Parcel Locker has run out of available slots. In such cases, Parcel Port will not be responsible for the Shipment and it will be up to the Courier and building management to determine how it may alternatively deliver the Shipment to you.
8.3. No Continuous Access
Parcel Port does not guarantee continuous, uninterrupted or secure access to the Services. Operation of the Services may be interfered with by numerous factors outside of our control. Parcel Port will make reasonable efforts to minimize disruption but makes no representations or warranties regarding the amount of time needed. Parcel Port is not liable for any direct, indirect, incidental damage, loss of profit, goodwill, use, or data resulting from our inability to provide the Service.
9. Limitation of Liability
9.1. Third-Party Liability
By accepting the Terms of Service, you acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers.
9.2. Waiver of Consequential Damages and Limitation of Liability
In no event shall Parcel Port be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Services.
9.3. Declaration and Accurate Information
You are responsible to provide complete and accurate information and shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify Parcel Port for and hold Parcel Port harmless from any loss or expense resulting as a consequence of the wrong information provided by you. Parcel Port shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, Parcel Port is in no way responsible for any damages, losses due to custom practice. Parcel Port shall not be liable for the accuracy and truthfulness of the information provided by you.
Parcel Port shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, Parcel Port shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.
9.5 Service provided by Courier
In no circumstances that Parcel Port will be liable for any Services provided by any Courier. Parcel Port is not liable for any damage, destruction, or loss of Shipment, late delivery, and issues with the tracking, by the Courier. Parcel Port is not liable for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier). Parcel Port is not responsible for any delayed delivery.
Parcel Port maintains sufficient insurance coverage on all contents of the Smart Parcel Locker (the “Insurance”). All rules, terms and policies related to the Insurance are governed by the Insurance Terms and Conditions found at www.theparcelport.com/insurance.
11.1 You have the right to terminate your account at any time by sending a cancellation request to email@example.com
11.2 Subject to earlier termination as provided below, Parcel Port may terminate your account and these Terms of Service at any time by providing ten (10) days prior notice to the email address associated with your account.
11.3 In addition to any other remedies we may have, Parcel Port reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) immediately and without notice to you, if you breach any of the Terms of Service, in which event, Parcel Port shall not be liable to you or any third party.
12. General Provisions
If any provision of these Terms of Service is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms of Service shall remain in effect and enforceable in accordance with their Terms of Service.
12.2. No Waiver
Failure or delay of Parcel Port to exercise a right or power under these Terms of Service shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
12.3. Notices to You
You consent to receive electronic communications from Parcel Port using the email address and / or mobile phone # associated with your account. Such notice shall be considered to be received, read and understood by you within 24 hours of the time it is emailed to the email address associated with your account or texted to your mobile phone # associated with your account. If you wish to unsubscribe from such notifications, click the unsubscribe link at the bottom of any of the emails received from Parcel Port. Parcel Port is not liable for any notices missed as a result of unsubscription. Parcel Port reserves the right to terminate your account if you withdraw your consent to receive electronic communications.
4.3 You agree to comply with any codes of conduct, policies or other notices Parcel Port provides you or publishes in connection with the Services.
You may not sublicense, resell, rent, lease, transfer, assign, time share (“Transfer”) any rights or obligations you have under this Agreement to a third party without Parcel Port’s prior written consent and any attempted Transfer without that consent will be void. Parcel Port reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Terms of Service shall be binding on and inure to the benefit of the parties’ successors and assigns.
12.5. Legal Fees and Costs
Parcel Port shall have the right to collect from you its reasonable costs and necessary disbursements and legal fees incurred in enforcing these Terms of Service.
12.6. Force Majeure
Parcel Port shall not be liable for any delays or inability to perform the Services caused by forces beyond Parcel Port’s control including, without limitation, acts of God or acts of third-party Service providers including but not limited to carriers and postage systems. When goods are ordered out, in the case of acts of God, war, terrorism, public enemies, seizure under legal process, strikes, lockouts, riots and civil commotions, or any reason beyond Parcel Port’s control, or because of loss or destruction of goods for which Parcel Port is not liable, or because of any other excuse provided by law, Parcel Port shall not be liable for failure to carry out such instructions. Parcel Port will provide notice via email in advance of any service interruption due to specific scheduled maintenance.
12.7. Governing Law and Venue
These Terms of Service shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. For the purposes of this Agreement, the parties hereto irrevocably attorn to the jurisdiction of the courts of the Province of Ontario.