TERMS & CONDITIONS

The Terms and Conditions (“T&C“) set forth are the terms and conditions that Sendit requires you to abide by if you want to use or receive any services supplied by Sendit (collectively, “Services“), or if you want to download, install or use any associated application which purpose is to enable you to use the Services (collectively, “Applications“). The terms and conditions stated or referenced herein constitute a legal agreement between you and Sendit. By using or receiving any Services, or downloading, installing or using any Applications, you hereby expressly acknowledge and agree to be bound by the terms and conditions contained herein, and any future amendments and additions to these T&C as published from time to time at https:/www.senditcanada.com. Upon using or receiving our Services or Applications you become a “User” of Sendit’s Services and Applications, whether as a “Driver” or a “Shipper“, as further described to as such herein.

SENDIT RESERVES THE RIGHT TO MODIFY THE TERMS AND CONDITIONS OF THESE T&C OR ANY OF ITS POLICIES RELATING TO OUR SERVICES OR APPLICATIONS AT ANY TIME, EFFECTIVE UPON POSTING OF AN UPDATED VERSION OF THE T&C ON OUR WEBSITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE PLACES FOR ANY UPDATES TO THE T&C. CONTINUED USE OF OUR SERVICES OR APPLICATIONS AFTER ANY UPDATES SHALL CONSTITUTE YOUR CONSENT TO SUCH ALL CHANGES TO THE T&C CONTAINED IN SUCH UPDATE.

Sendit provides a method and platform to bring Drivers and Shippers together allowing for efficient scheduling of shipments and movement of freight.

SENDIT DOES NOT PROVIDE DELIVERY, DRIVER OR TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY DRIVER OR VEHICLE OPERATOR TO OFFER AND PROVIDE THE PICK-UP, CARRY AND DELIVERY SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF OUR APPLICATIONS OR SERVICES. SENDIT, INC. ACTS AS A CONDUIT AND A METHOD TO OBTAIN THE PICK-UP, CARRY AND DELIVERY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. SENDIT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY AND DELIVERY SERVICES PROVIDED TO YOU THROUGH OUR APPLICATIONS OR SERVICES OR FOR ANY DRIVER OR SHIPPER NOT HAVING THE PROPER AUTHORITY TO ENTER INTO THE TRANSACTION.

Driver Screening

Users applying to become a driver will need to meet the following requirements:

  • is at least 18 years of age and has all right and authority to lawfully enter into the terms of this Agreement on his/her own behalf or on behalf of an entity that is the other party hereto;
  • possesses a valid driver’s license;
  • has all appropriate licenses, approvals and authority to accept and complete a Shipment as contracted through the Services and the Applications, including in all jurisdictions in which such Driver picks-ups, carries and/or delivers a Shipment;
  • owns, or has the legal right to operate, the vehicle used in a Shipment, and such vehicle is currently in good operating condition and will be in good operating condition at all times during the Shipment;
  • is named or scheduled on the insurance policy covering any vehicle used by him/her during a Shipment;
  • has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of his/her vehicle carry and is responsible for and will make all necessary contacts with such his/her insurance carrier in the event of a motor vehicle accident or claim against his/her insurance policy;
  • is named or scheduled on the registration covering any vehicle used by him/her during a Shipment; 

Individual Shipper Screening

Users applying to become a shipper will need to meet the following requirements:

  • is at least 18 years of age and has all right and authority to lawfully enter into the terms of this Agreement on his/her own behalf or on behalf of an entity that is the other party hereto;
  • owns or otherwise has the full right and authority to contract for the Shipment and send all items contained in a Shipment;
  • Has a valid credit card matching the name of the applicant

Business Shipper Screening

Business’ applying to become a shipper will need the following requirements:

  • Valid credit card or
  • Complete “Corporate shipper registration document” found here
  • Submit registration form to info@senditcanada.com. Once completed Sendit admin will evaluate the application, approve/deny, and set a credit limit for the account.

ALL INTERACTIONS BETWEEN USERS ARE AT THE USER’S RISK WHETHER OR NOT SENDIT CONDUCTS A BACKGROUND CHECK ON A USER OR ANY CATEGORY OF USER.

 Restrictions on Shipment Contents

All existing tariff and shipping regulations related to your Shipment must be followed.

All Sendit actions taken with respect to the suspension, deactivation and/or termination of your account may be taken in Sendit’s sole discretion, with or without notice, and without liability to you.

Without limiting any other remedies, Sendit, Inc. May limit, suspend, terminate, modify, or delete your accounts or access to Sendit, Inc. Services, applications or any portion thereof, or withhold any shipment payment, if you are, or Sendit, Inc. suspects that you are, failing to comply with these T&C, any of our rules of the road or for any actual or suspected illegal or improper use of the services, applications or any portion thereof with or without notice to you. You can lose your user name and persona as a result of account termination or limitations, as well as any benefits, privileges, earned items and purchased items associated with your use of the services, applications or any portion thereof, and Sendit, Inc. is under no obligation to compensate you for any such losses or results.

Without limiting our other remedies, we may withhold shipment payments, limit, suspend or terminate your service and user accounts or portions thereof, prohibit access to our sites, and their content (including your own), services and tools, delay or remove hosted content, and take technical and legal steps to prevent any user from accessing our services, applications or any portion thereof if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies.

Sendit Prohibited Items

The following articles or property will not be accepted for shipment:

  • Bank bills
  • Evidences of debt or deeds
  • Letters of credit
  • Letter and packets of letters with or without postage stamps
  • Passports
  • Bullion, coin or currency
  • Notes, drafts or securities
  • Postage stamps
  • Valuable papers of any kind
  • Jewelry, other than costume or novelty jewelry
  • Precious stones or metals which are not a direct part of industrial or data
  • Museum exhibits, original works of art, articles of antiquity
  • Live animals
  • Human remains
  • Plants (not dormant)
  • Vehicles, used, not self-propelled, such as passenger, house or sleeper trailer cards, carts or coaches
  • Firearms and rifles (assembled or in parts), and ammunition (in Western Canada only) – will only be handled from a) wholesaler to wholesaler or b) manufacturer to wholesaler or to retailer
  • PCB’s (Polychlorinated Biphenyls)
  • Poison infectious substances
  • Explosives
  • All Shipments tendered to carrier with improper, inadequate or insufficient packaging – unless zero value declared and Shipper’s risk of liability
  • All Shipments containing articles which because of their build, length, width or height cannot, in the Driver’s judgment, be safely stowed within a trailer or container
  • All Shipments which contain, on whole or part, articles prohibited by law
  • All Shipments which contain, in Driver’s judgment, are of unusual or extraordinary value
  • Freight with a propensity to damage other freight or Driver’s equipment
  • Hazardous Waste in quantities that require a Waste Manifest and Hazardous Waste Transport License.

SENDIT HAS AND TAKES NO RESPONSIBILITY TO EITHER DRIVERS OR SHIPPERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY SHIPMENT OR THE TRANSPORT OF ANY PROHIBITED ITEMS IN ANY SHIPMENT

Any Driver discovering a Sendit Prohibited Item in a Shipment shall immediately notify Sendit at 1(877)428—4774 or support@senditcanada.com for further direction. Sendit is not responsible for the contents or loss of any Sendit Prohibited Item. Sendit reserves the right to dispose of any Sendit Prohibited Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the any Sendit Prohibited Item, including delivery to the proper authorities.

Perishable Items and Heirlooms
Shipments containing perishable items, heirlooms and one-of-a-kind items must be prepared and packed to provide for the preservation and safety of all such items during a Shipment. All packaging for such items should be based on the characteristics of the item, in the sole discretion of the Shipper. Sendit cannot know what packaging is necessary for any item you send. Sendit Inc. has no and will have no responsibility to protect you for any loss of, or damage to, any item that has not been adequately packed.

Shippers are fully and solely responsible for choosing a Driver that can deliver perishable items in a timely manner based on the characteristics of the item, meaning that the perishable item will not spoil, degrade or otherwise be damaged in a manner unsatisfactory to the Shipper during the Shipment (within the time set for delivery by the Shipper). If a Driver or Shipper has any concern that a perishable item will spoil, degrade or otherwise be damaged during a Shipment, please do not initiate or accept the Shipment. Shipments containing perishable items must be able to be delivered within a time frame sufficient to preserve the item during the Shipment.

All Shippers should take special care when choosing a Driver for any Shipment containing a perishable item as all Shipments containing perishable items are accepted solely at the Shipper’s risk for any damage or loss during the Shipment arising from the perishable nature of the item, unless due to the Driver’s misconduct, negligence or failure to accomplish the Shipment in the timeframe set forth by the Shipper..

Sendit Liability for Shipments

Sendit shall not be liable for loss or damage to a shipment unless there is proof of carrier negligence causing loss or damage. The liability of Sendit is limited to the lesser amount of either:

  1. The value of the goods represented by the Shipper’s cost of goods, not retail or invoiced price. To substantiate this, the claimant is required to submit their supplier’s invoice or manufacturing cost.
  2. The cost of repairs, including replacement parts and labour with a maximum liability for labour rates of $25 per hour; or,
  3. Sendit’s maximum liability of $500 per shipment; or,
  4. The value declared on the Bill of Lading.

Sendit Not Responsible for Performance of its Drivers or its Shippers

Our Services and Applications enable connections between our Users to contract for Shipments; however Sendit  has no control over and is not responsible for the performance, actions or inactions of any User, whether identified through our Services, our Applications, in public, private, or offline interactions, or otherwise. You acknowledge and agree that Sendit does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any User, or the failure of any User to provide the services requested or payment required therefor, or for any other aspect whatsoever of a Shipment nor for the integrity, responsibility or any of the actions or omissions whatsoever of any Users. You acknowledge and agree that Sendit does not have control over, and has no responsibility for, any damage to the content(s) of a Shipment.

NEITHER SENDIT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES OR APPLICATIONS AND SENDIT, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE APPLICATIONS. BY USING THE SERVICES OR APPLICATIONS YOU THEREBY RELEASE SENDIT, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICES, APPLICATIONS OR THE CONDUCT OR MISCONDUCT OF A USER.

Cancellations

Cancellation by Shippers

  • A shipper can cancel a shipment without penalty if the shipment hasn’t yet been accepted by a driver.
  • If the shipment has been accepted by a driver, a cancellation fee of $5 will be charged.
  • User may be put on hold if more than three cancellations (with penalty) have been placed within the last three months.

Cancellation by Drivers

  • A driver may cancel a shipment without penalty if done so at least 2 hours before the scheduled pickup time.
  • If less than 2 hours $5 cancellation fee will be charged.
  • User may be put on hold if more than 3 cancellations (with penalty) have been placed within the last three months.

Actions Leading to Suspension and/or Deactivation and/or Permanent Termination of Accounts

All Sendit actions taken with respect to the suspension, deactivation and/or termination of your account may be taken in Sendit’s sole discretion, with or without notice, and without liability to you

Without limiting any other remedies, Sendit, inc. May limit, suspend, terminate, modify, or delete your accounts or access to Sendit, inc. Services, applications or any portion thereof, or withhold any shipment payment, if you are, or Sendit, Inc. suspects that you are, failing to comply with these T&C, any of our rules of the road or for any actual or suspected illegal or improper use of the services, applications or any portion thereof with or without notice to you. You can lose your user name and persona as a result of account termination or limitations, as well as any benefits, privileges, earned items and purchased items associated with your use of the services, applications or any portion thereof, and Sendit, Inc. is under no obligation to compensate you for any such losses or results.

Without limiting our other remedies, we may withhold shipment payments, limit, suspend or terminate your service and user accounts or portions thereof, prohibit access to our sites, and their content (including your own), services and tools, delay or remove hosted content, and take technical and legal steps to prevent any user from accessing our services, applications or any portion thereof if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies.

Withholding Shipment Payments to Drivers

Sendit in its sole discretion, may place a hold on a Driver’s Shipment Payment (as defined below) if Sendit  has any suspicion or reason to believe that a Driver or Shipper has breached these T&C, including, without limitation by (1) sending or accepting items on the prohibited item list; (2) establishing an account with Sendit or entering into a Shipment with the purpose of defrauding Sendit or any other party; (3) using a stolen credit card or any other false information to establish an account with Sendit or pay for a Shipment; or (4) otherwise engaging in any questionable or fraudulent activity with respect to the Sendit Services or Applications.

Release of Hold and Payment

Sendit, Inc., may release the Shipment Payment to a Driver upon establishing the validity of the accounts and Shipments under suspicion, in its sole discretion.

Billing and Payment

Users of our Services and Applications make their contracts directly with other Users. Sendit is not and will not be a party to any contracts between Users.

Users of our Services and Applications will be required to provide their credit card or bank account details to Sendit and the Payment Service Provider retained by Sendit, Inc. (the “PSP”).

Shippers will be responsible for paying the invoice for each Shipment contracted for (the “Invoice”), which will include the pricing terms of the Shipment as agreed with and provided by a Driver, any out of pocket expenses agreed with and submitted by a Driver in connection with the Shipment, any tip or gratuity, if applicable, any cancellation or no-show fee, and the fee Sendit, Inc. assesses for use of its Services and Applications (combined, the “Shipment Payment”). Any fees that Sendit, Inc. may charge a Driver or Shipper for their use of the Applications or Services, are due immediately and are non-refundable and this no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Applications or Services either planned, accidental or intentional, or any reason whatsoever. Sendit, Inc. reserves the right to determine final prevailing pricing and the pricing information published on the Sendit, Inc. website may not reflect the current pricing.

Sendit, Inc., at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made directly to you, shall have no bearing whatsoever on your offer or contract. Sendit, Inc. may change the fees for our Services and/or Applications, as we deem appropriate. We encourage all of our Users to check back at our website periodically if you are interested about how we charge for the Services or Applications.

Payment Service Providers
Users may be required to register with the PSP, agree to terms of service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. By accepting these Terms and Conditions, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Sendit is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement. Sendit has no obligations or liability to any User under a PSP Agreement.

Within 24 hours after a Shipper receives confirmation through the Services and/or Applications that their Driver has completed the Shipment, the Shipper will authorize Sendit, Inc. to provide the Shipper’s payment details to the PSP for processing of Shipment Payment unless Sendit, Inc. determines it necessary or advisable to place a hold on such Shipment Payment.

In addition to Sendit’s rights to place holds on Shipment Payments in connection with breaches of these T&C and suspicion of fraudulent activity, Sendit, Inc. reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Shipment Payment, or (ii) refund, provide credits or arrange for the PSP to do so. Users of our Services and Applications will be liable for any taxes (including VAT, if applicable) required to be paid on the User’s use of the Services and Applications or on any Shipment Payment received (other than taxes on the Sendit, Inc.’s income).

SMS Messaging
All of our Users are automatically opted-in to receive SMS messaging when signing up for our Services and Applications and must agree to receive SMS messages in order to use our Services and Applications. A User can request, accept and cancel Shipments via SMS and get notifications regarding a Shipment, as determined by Sendit, Inc. message and data rates may apply.

If you change your mobile phone service provider all SMS messaging services from Sendit, Inc. may be deactivated and you will need to re-enroll in the SMS notification service. Sendit, Inc. reserves the right to cancel the notification service at any time. 

User Representations, Warranties and Agreements
By using the Applications or Services, you expressly represent and warrant that you are legally entitled and have the right, authority and capacity to enter into to enter into the agreements set forth in these T&C and to fulfill its complete terms and conditions. You agree that your participation in using the Services and/or Applications is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your User account to any other person or entity. You agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Applications or Services.

You represent and warrant that you are of the required legal age if you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements due to age. If you are not the required age you must not use the Applications and Services. Without limiting the foregoing, the Services and Applications are not available to persons under the age of 18. By using the Applications or Services, you represent and warrant that you are at least 18 years old.

You may only access the Services using the Applications or other specifically authorized means. It is your responsibility to check to ensure you download the correct Applications for your mobile, tablet computer or similar device (“Device“).

Sendit is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the Applications for your Device. Sendit  reserves the right to terminate your use of our Services or Applications if you do so with an incompatible or unauthorized Device.

By using our Applications or Services, you agree that:

  • You will only use the Applications and Services for your own use and will not resell either to a third party.
  • You will only create one User account.
  • You will keep secure and confidential your User account password or any identification we provide you which allows access to our Applications or Services.
  • You will provide Sendit with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including Sendit.
  • You will not represent yourself to be an agent, representative, employee or affiliate of Sendit.
  • You will only use the Services or Applications for lawful purposes and in accordance with all applicable laws and regulations.
  • You will not use the Services or Applications for shipping, sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime.
  • You will not stalk, intimidate, threaten or otherwise harass or cause distress to any third-party, including other Users;
  • You will not copy, or distribute the Applications or text, graphics, images, music, software (in addition to the Applications), audio, video, information or other like materials (“Content“) without written permission from Sendit.
  • You will not use our Services or Applications in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Services or Applications.
  • You will only use an access point or 3G data account (AP) which you are authorized to use.
  • You will act responsibly, exercise good judgment and take care when using our Services and interacting with Users.
  • You will not infringe the rights of any third party (including Users) and including, intellectual property, privacy, publicity or contractual rights.
  • You will not collect or store any information about any other User other than as permitted on through Services or Applications.
  • You will not assist any third-party in any of the above.

Content License Grant, Restrictions and Copyright Policy

Licenses Granted by Sendit to Sendit Content and User Content
Subject to your compliance with the terms and conditions in the T&C, Sendit grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that Sendit makes available through the Services or Applications, including any Content licensed from a third party (“Sendit Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services or Applications, including any questions, comments, suggestions, ideas, feedback or other information about the Sendit Services or Applications (“User Content” and with Sendit Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by Sendit above.

Sendit Content may be used solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Applications or Collective Content, except as expressly permitted in the T&C. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sendit or its licensors, except for the licenses and rights expressly granted in the T&C. 

License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Services or Applications, you hereby grant to Sendit a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. Sendit shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Sendit claims no ownership rights in any User Content and nothing in the T&C will be deemed to restrict any rights that you may have to use and exploit your User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or Applications. By posting or making available any User Content, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available or post or you have all right, license, consent and release that are required to grant to Sendit full rights in such User Content, as contemplated under the T&C; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Sendit’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Applications and Services License
Sendit owns and retains ownership in the Sendit Services and Applications, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the T&C, Sendit hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Services and Application on any Android Device that you own or control and/or any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules“). This license does not allow you to use the Services or Applications on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Sendit that replace and/or supplement the Sendit Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Sendit  reserves the right to stop offering and/or supporting our Services, Applications or any particular portion or part of our Services or Applications at any time, at which point your license to use the Service, Application or a part thereof will be automatically terminated. In such event, Sendit shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or Applications.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Applications in any way; (ii) modify or make derivative works based upon the Services or the Applications; (iii) create Internet “links” to the Services or “frame” or “mirror” any Applications on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Applications to copy any ideas, features, functions or graphics of the Services or Applications whether to build competitive products or services using similar ideas, features, functions or graphics of the Services or Applications, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Services or Applications (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our Applications; (vi) attempt to gain unauthorized access to the Applications or Services or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Services or Applications; or (vii) use our Services or Applications to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.

Sendit has the right to fully investigate and prosecute violations of any of these T&C, including all documents and agreements referenced or incorporated herein to the fullest extent of the law. All Users hereby give Sendit full permission and authority to involve and cooperate with law enforcement authorities in prosecuting Users (including yourself) who violate the law or these T&C. You agree that Sendit has no responsibility to, and may not, monitor your access to or use of the Services, Applications or Collective Content or review or edit any Collective Content. However Sendit has full right and authority to do so to ensure your compliance with our T&C, comply with applicable law, order or requirement of a court, administrative agency or other governmental body. Sendit reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Sendit, at its sole discretion, considers to be in violation of these T&C or otherwise harmful to the Services or Applications.

Copyright Policy
Sendit, respects copyright law and the intellectual property of others and expects its Users to do the same. Sendit will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on the Services or the Applications infringe upon your copyrights, please send the following information to: info@senditcanada.com

  • A description of the copyrighted work that you claim has been infringed, including sufficient information to locate the specific place on our Services, Applications or website where the material is located. Please include sufficient information to locate the material and explain why you think an infringement has taken place;
  • A complete description of the location where the original or an authorized copy of the copyrighted work exists; i.e. an Internet address where the work is posted or the name of the book in which it was published;
  • Your address, telephone number, and e-mail address;
  • A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Intellectual Property Rights Ownership
Sendit owns all intellectual property rights in and to the Services and the Applications absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Services or Applications are the property of their respective owners. Your use of the Services or Applications gives you no right therein.

Third Party Interactions
During use of the Applications and Services, 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 Applications or Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Sendit and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Sendit does not endorse any sites on the Internet that are linked through the Services or Applications, and in no event shall Sendit or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Sendit provides the Applications and Services to you pursuant to the terms and conditions in these T&C provided that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. Sendit has no responsibility or liability arising from any agreements between you and such third party providers.

Sendit may rely on third party advertising and marketing supplied through the Applications or Services and other mechanisms to subsidize the Applications or Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Sendit reserves the right to charge you a higher fee for the Services or Applications should you chooses not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on Sendit’s website located at www.senditcanada.com 

Indemnification and Breach
By using Sendit’s Applications or Services, you agree to, and will, defend, indemnify, and hold Sendit, and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use or misuse of the Services and Applications, including: your breach of these T&C, or any Driver or Shipper Agreement to which you are subject or the documents they incorporate by reference; or your violation of any law or the rights of any third party, including, without limitation, our Users, Driver’s, Shippers, other motorists, and pedestrians, as a result of your own interaction with such third party, any allegation that any materials that you submit to us or transmit to the Services or through the Applications or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; your ownership, use or operation of a any vehicle used on a Shipment, your ownership or right to send the contents of any Shipment; and/or any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Without limiting other remedies, Sendit may terminate your participation in the Services, remove your information from our data bases, warn our community of your actions, issue a warning, and refuse to provide our Services to you if you breach the terms of the T&C or any Driver or Shipper Agreement to which you are subject, or the documents they incorporate by reference; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause financial loss or legal liability for you, our Users or Sendit, its affiliates, or third party providers, or subject Sendit or you or any other User to regulation by any state or local government or regulatory agency; or if we suspect that you have engaged in fraudulent or harmful activity in connection with the Sendit Services or Applications.

Disclaimer of Warranties and Limits on Sendit’s Liability to You

No Warranties
SENDIT EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SERVICES OR APPLICATIONS. USE OF OUR SERVICES AND APPLICATIONS ARE ENTIRELY AT YOUR OWN RISK.

The Services and Applications are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Sendit to the maximum extent permitted by applicable law. Sendit makes no warranties or representations about the accuracy or completeness of any content provided through the Services or Applications or the content of any websites linked to the Services and Applications.

Sendit, does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Services, Applications or any hyperlinked website or featured in any banner or other advertising and Sendit will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. 

Without limiting the foregoing, neither Sendit nor its affiliates or licensors warrant or guarantee:

  • that access to the Services or Applications will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
  • as to the results that may be obtained from the use of the Services or Applications;
  • that the Services or Applications, or the quality of any products, services, information or other material purchased or obtained by you through the Services or the Applications, will meet your requirements or expectations;
  • as to the timeliness, accuracy, or reliability, of any User;
  • as to the timeliness, accuracy, or reliability of our Services or Applications, or any information or materials provided through or in connection with the use of the Services and Applications;
  • as to the completeness or content of any Shipment;
  • that the Services or Applications are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Services or Applications will be corrected; or
  • that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

No Liability
You acknowledge and agree that Sendit, Inc. is only willing to provide the services and applications if you agree to certain limitations of our liability to you and third parties.

Therefore, you agree not to hold Sendit its affiliates, its licensors, its partners in promotions, sweepstakes or contests, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the services or applications, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by Sendit or its affiliates or licensors and any destruction of your information.

Under no circumstances will Sendit, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services or the applications, even if advised of the possibility of the same. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Sendit does not accept any liability with respect to the quality or fitness of any work performed via the services or applications.
If, notwithstanding the foregoing exclusions, it is determined that Sendit, inc. Or its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Sendit during the six (6) months prior to the time such claim arose.

Sendit’s services and applications may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Sendit, inc. is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Limitation of Liability
In no event shall Sendit and/or its licensors be liable to anyone for any 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). Sendit, inc. And/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the services or applications, including but not limited to the use or inability to use the services or applications, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between a driver, shipper, any third party service provider, advertiser or sponsor whose advertising appears on the website or is a user of the services or applications, even if Sendit, Inc. and/or its licensors have been previously advised of the possibility of such damages.

Sendit’s  services and applications introduce its users for the purposes of them arranging for pick-up, carry and delivery of items of personal property. Sendit  currently does not and has no obligations to assess the suitability, legality or ability of any user to provide or complete a shipment and you expressly waive and release Sendit, inc. From any and all any liability, claims or damages arising from or in any way related to our users or a shipment. You acknowledge that users providing pick-up, carry and delivery services requested using the Sendit service and applications might not be professionally licensed or permitted. Sendit will not be a party to disputes, negotiations of disputes between any of our users. Sendit cannot and will not play any role in managing payments between our users. Responsibility for the decisions you make regarding services offered via the applications or services (with all its implications) rests solely with you. You expressly waive and release Sendit from any and all liability, claims, causes of action, or damages arising from your use of the applications or services, or in any way related to another user or any other third party introduced to you by the applications or services, or otherwise.

The quality of any driver or the services performed by any user and scheduled through our services or applications is entirely the responsibility of the user who ultimately provides such services to. All users acknowledge and agree that by using our applications and services, they may be exposed to unknown third-parties and contents in shipments that may be or are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable.

Notices to You
Sendit may give notice by means of a general notice on the Services, the Applications, electronic mail to your email address on record in Sendit’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Sendit’s account information. Such notice shall 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). You may give notice to Sendit (such notice shall be deemed given when received by Sendit) at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Sendit at 206 Pembina Road, Sherwood Park, Alberta, T8H 0L8

Assignment
You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these T&C, or any Driver or Shipper Agreement, as applicable, to any party without the prior written approval of Sendit in each instance. Any purported assignment in violation of this section shall be void.

Export Control
You agree to comply fully with all Canadian and foreign export laws and regulations to ensure that neither the Applications nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Applications, you represent and warrant that: (i) you are not located in a country that is subject to a Canadian Government embargo; and (ii) you are not listed on any Canadian Government list of prohibited or restricted parties.

Dispute Resolution
If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of these T&Cs, the Driver or the Shipper Agreements, the Parties agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules.  The parties agree that the ADR Chambers Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Edmonton, Alberta and shall proceed in accordance with the provisions of the Arbitration Act (Alberta). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

General
No joint venture, partnership, employment, or agency relationship exists between you, any other User, Sendit or any third party provider as a result of a User entering into a Driver or Shipper Agreement or their use of the Services or Applications. If any provision of these T&C or any Driver or Shipper Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Sendit to enforce any right or provision in these T&C or any Driver or Shipper Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sendit in writing. These T&C, including all terms, conditions and agreements referenced herein, including without limitation the Drivers and Shippers Agreements, comprise the entire agreement between our Users and Sendit, Inc. and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Sendit Drivers Agreement

This Sendit Drivers Agreement is a part of Sendit, Inc.’s Terms and Conditions (“T&C”) located and is incorporated therein by this reference. This Agreement uses the same capitalized terms as the T&C if not otherwise defined below.

By using our Services or Applications, each driver (a “Driver“) of any vehicle used to pick-up, carry and/or deliver personal property or goods (a “Shipment”) for a third-party (a “Shipper“) using Sendit, Inc.’s Services and Applications represents, warrants, acknowledges and agrees that he/she:

  • is at least 18 years of age and has all right and authority to lawfully enter into the terms of this Agreement on his/her own behalf or on behalf of an entity that is the other party hereto;
  • possesses a valid driver’s license;
  • has all appropriate licenses, approvals and authority to accept and complete a Shipment as contracted through the Services and the Applications, including in all jurisdictions in which such Driver picks-ups, carries and/or delivers a Shipment;
  • will not accept Shipments that require him/her to hold any licenses or other authorizations from any governmental authority with jurisdiction over him/her, the vehicle he/she operates, or the contents of the Shipment, or any items within, without possessing valid licenses or authorizations for the same;
  • owns, or has the legal right to operate, the vehicle used in a Shipment, and such vehicle is currently in good operating condition and will be in good operating condition at all times during the Shipment;
  • is named or scheduled on the insurance policy covering any vehicle used by him/her during a Shipment;
  • has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of his/her vehicle carry and is responsible for and will make all necessary contacts with such his/her insurance carrier in the event of a motor vehicle accident or claim against his/her insurance policy;
  • will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle he/she uses during a Shipment, including, but not limited to personal injuries, death and property damages;
  • will be solely responsible for knowing what items are contained in their Shipment and will inspect all packaged items prior to leaving with the Shipment. If a Driver fails to inspect items he/she does so at the Driver’s own risk. Sendit has no liability to the Driver for any claim, loss or damage related to the inclusion of any Sendit Prohibited Item in a Shipment;
  • acknowledges and agrees to visually inspect all items in a Shipment prior to departing with the Shipment so as not to knowingly pick-up, carry and/or deliver a Shipment containing any “Sendit Prohibited Items” as listed in the T&C;
  • will not make any misrepresentation regarding Sendit, the Services, the Applications, or his/her status as a Driver, or otherwise seek non-voluntary compensation from any third-party, or engage in any other activity in a manner that is inconsistent with his/her obligations under this Agreement or the T&C;
  • while on a Shipment, will only use a vehicle that he/she has reported to Sendit using the Applications and as required therein;
  • while on a Shipment, will not wear clothing displaying the logo or brand of any company or entity, whether or not belonging to such Driver’s employer, or other clothing which could be deemed offensive;
  • while on a Shipment, Driver is acting of it/she/he’s own accord, on it/she/he’s own free time, and not as an employee of Sendit or any other party, or as an independent contractor of Sendit (unless expressly designated as such by Sendit);
  • will only accept Shipments that have been contracted through the Sendit Applications and which have been photographed by the Shipper using the Applications and as required therein;
  • will only contract for or arrange a Shipment (or other similar services) with a Sendit User through Sendit’s Services and Applications and will not engage in outside transactions with any User;
  • is not a mover and under no circumstances is required to lift or otherwise move any item contained within a Shipment, including placing them in or removing them from his/her vehicle, during the Shipment and he/she is not or responsible for lifting or otherwise moving any items during a Shipment. If a Driver lifts or otherwise moves an item for a Shipper he/she does so at the Shipper’s and the Driver’s own risk and Sendit has no liability to either party for any claim, loss or damage related thereto;
  • will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
  • this Agreement is made anew for each and every Shipment accepted;
  • only Class 1 Drivers are allowed to perform certain Shipments, as determined by Sendit in its sole discretion;
  • in order to become a Class 1 Driver, a Driver must pass the Sendit Background Check Process; and
  • except as may be otherwise specifically provided in the T&Cs or by other Agreement, Sendit has no responsibility, financial or otherwise, for the performance of any Driver.

Sendit Shippers Agreement

This Shippers Agreement is a part of Sendit, Inc.’s Terms & Conditions (“T&C”) and is incorporated therein by this reference. This Agreement uses the same capitalized terms as in the T&C if not otherwise defined below.

By using our Services or Applications, each person or company (a “Shipper“) who contracts with a Sendit driver (a “Driver“) to pick-up, carry and/or deliver personal property or goods (a “Shipment”) using Sendit, Inc.’s Services and Applications represents, warrants and agrees that it/he/she:

  • is at least 18 years of age and has all right and authority to lawfully enter into the terms of this Agreement on his/her own behalf or on behalf of an entity that is the other party hereto;
  • owns or otherwise has the full right and authority to contract for the Shipment and send all items contained in a Shipment;
  • has not and will not include in any Shipment any “Sendit Prohibited Items” as listed in the T&C, whether consented to by a Driver or not. Sendit is not responsible for the contents or loss of any Sendit Prohibited Item. Sendit, Inc. reserves the right to dispose of the Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Item, including delivery to the proper authorities;
  • has and will specifically list, photograph and disclose to the Driver, prior to the Driver accepting the Shipment, all items included in the Shipment;
  • acknowledges and agrees to Sendit’s Open Box Policy and will allow a Driver to visually inspect all items in a Shipment prior to departing with the Shipment;
  • has and will properly pack all “Sendit Special Items” in appropriate packaging to withstand transport, ensure the safety and integrity of the item and in compliance with all applicable laws;
  • acknowledges and agrees that the Sendit Protection Plan does NOT cover reimbursement for any loss or damage to any Shipment resulting from (1) any breach of this Agreement or the T&C; (2) sending any items on the “Sendit Prohibited Items” list; or (3) inadequate packaging or failure to pack a Sendit Special Item;
  • acknowledges and agrees that the Sendit’s maximum liability under its Protection Plan is $500 per occurrence, unless additional protection is purchased.
  • acknowledges and agrees that all responsibility and obligation to know and comply with Sendit’s T&C and all laws applicable to the packing and transport of every item included in a Shipment rests with the Shipper;
  • will only contract for or arrange a Shipment (or other similar services) with a Sendit User through Sendit’s Services and Applications and will not engage in outside transactions with any User;
  • is responsible for lifting and carrying all items sent with a Driver and is responsible for placing them in or removing them from the Driver’s and hereby acknowledges that a Driver is not a mover and is not responsible for lifting or otherwise moving any item during a Shipment. If a Driver lifts or otherwise moves an item for a Shipper he/she does so at the Shipper’s and the Driver’s own risk and Sendit has no liability to either party for any claim, loss or damage related thereto;
  • will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
  • acknowledges and agrees that this Agreement is made anew for each and every Shipment ordered by it/him/her; and
  • except as may be otherwise specifically provided in the T&Cs or by other Agreement, Sendit has no responsibility, financial or otherwise, for the performance of any Driver.