Terms of Service

TERMS OF SERVICE

Last Updated: February 25, 2016

1. Acceptance of Terms

These Terms of Use ("Terms") govern the access or use by you, an individual whether you are a Customer or Driver (each as defined below, and collectively “You”), from within Canada and its possessions of applications, websites, content, products, and services (the "Services") made available in Canada and possessions by Fetchit Technologies Incorporated and its subsidiaries and affiliates (collectively, "Fetchit"). In this Agreement, the words "including" and "include" mean "including, but not limited to."

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Fetchit. The terms and conditions below are applicable to the Fetchit application (the “App”), any affiliated services provided by Fetchit (collectively, the “Services”). If you do not agree to these Terms, you may not access or use the Services. Fetchit may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Fetchit may amend the Terms related to the Services. Amendments will be effective upon Fetchit’s posting of such updated Terms at this location. The date of posting at the top of the Terms will be updated each time the Terms are updated. Your continued access or use of the Services after such posting means that you agree to the updated terms. Please read the terms from time to time to ensure you still agree with any changes.

2. THE SERVICES

The Services constitute an app-based dispatch platform that enables users of Fetchit’s mobile application or website provided as part of the Services (each, an "Application", or, an “App”) to arrange and schedule moving or delivery logistics with independent third party moving providers under agreement with Fetchit. Unless provided with written consent, The Services are made available solely for your personal, noncommercial use.

FETCHIT AND ITS AFFILIATES DO NOT PROVIDE MOVING SERVICES OR FUNCTION AS A MOVING CARRIER OR A DRIVER. FETCHIT OFFERS INFORMATION AND A METHOD TO OBTAIN AND SCHEDULE DRIVING SERVICES WITH INDEPENDENT THIRD PARTY PROVIDERS. YOU AGREE THAT FETCHIT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY MOVING, LOGISTICS, OR TRANSACTIONS PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES. FETCHIT DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. IT IS YOUR RESPONSIBILITY TO MAKE SURE A DRIVER WILL MEET YOUR REQUIREMENTS. FETCHIT WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK.

LICENSE

Subject to your compliance with these Terms, Fetchit grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to: access and use the App on your personal device solely in connection with your use of the Services; and access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Fetchit and Fetchit’s licensors. You may not remove any copyrighted or trademarked aspects from the Services; reproduce, modify, or prepare derivative works and exploit the Services; link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services; or attempt to gain unauthorized access and or impair any aspect of the Services.

THIRD-PARTY SERVICES AND CONTENT

The Services may be made available or accessed in connection with third-party services that Fetchit does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Fetchit does not endorse such third party services and content and in no event shall Fetchit be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc. and Google, Inc. will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS or Android, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.

COPYRIGHT AND OWNERSHIP

The Services and all rights therein are and shall remain Fetchit’s property or the property of Fetchit’s licensors. All of the content featured or displayed on the Services is owned by Fetchit, excluding any Content submitted by Customers or Drivers. You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. The Services, its Content and all related rights shall remain the exclusive property of Fetchit unless otherwise expressly agreed.

All trademarks, service marks and trade names of Fetchit used herein (including but not limited to: Fetchit name, Fetchit corporate logo, the Services name, the Services design, and any logos) are trademarks or registered trademarks of Fetchit. You may not use, copy, reproduce, or modify Fetchit trademarks in any way. Fetchit does not allow unauthorized hotlinked of the Fetchit trademark unless the link is approved in advance.

3. YOUR USE OF THE SERVICES

USER ACCOUNTS

In order to use most aspects of the Services, you must register for and maintain a personal user Services account ("Account") whether you are a Customer or a Driver. You must be at least 18 years of age to be a user to obtain an Account. Account registration requires you to provide true, accurate, current and complete information about Yourself as prompted by the Services’ registration page. This includes certain personal information, such as your name, email address, mobile phone number and age, as well as one valid credit card and SIN number in some cases. Your failure to keep you account up-to-date, including having an invalid or expired credit card on file, may result in a suspension or termination of your account and the termination of Fetchits agreement with you. You are responsible for all activity that occurs under your Account, and agree to maintain the security and secrecy of your username and password. You will not share Your account information or Your username and password with any third party or permit any third party to logon to the Services using Your account information. We have the right to provide user billing, account, and Content or use records under certain circumstances (such as in response to legal requests). The Services also include a tool that allows You to sign in or register using information from Your account with Facebook and Google. Your login using such third party registration information is subject to the terms and policies of those services.You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. You may only possess one Account.

USER REQUIREMENTS AND CONDUCT

In certain instances Fetchit may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity. You may not authorize third parties or any other person to use your Account, and you may not allow persons under the age of 18 to receive moving or delivery services from Third Party Providers unless they are accompanied by you. You agree to comply with all applicable laws when using the Services, and you may not use the Services for unlawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. You will not will not impersonate any other person or misrepresent Your affiliation, title, or authority, and will not otherwise engage in any dangerous activity

The Fetchit app was designed to provide peer-to-peer moving services and hauling of your items. Any driver who decides to or accepts a proposal to transport a user during the transaction, is doing so completely under their own personal insurance and liability. Fetchit is not a taxi service, nor does it purport to offer one. This breaches your agreement with Fetchit.

DRIVER REQUIREMENTS AND CONDUCT

You are an independent contractor. Each Driver acknowledges that they are at least 19 years of age and be able to lift 60 pounds; possesses a valid driver’s license for their appropriate class of vehicle, has the legal right to operate the vehicle the Driver uses when participating in Services, that their vehicle meets the provincial safety standards and motor vehicle requirements for a vehicle of its kind; is named or scheduled on the insurance policy for the vehicle he uses to carry out the Services; has a valid policy of liability insurance; will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle while participating in the Services (personal injuries, death and property damages); will be solely responsible for any violations of laws and any fines that may occur; will not transport any Individual in Driver’s vehicle while performing the Services; will not transport hazardous materials without appropriate permits; will only use the vehicle that has signed up to Fetchit with; will not discriminate or harass anyone on any basis; and in the event of a motor vehicle accident, will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Driver’s insurance carrier.

If You wish to become a Driver and make Your driving services available through our Services, You will register an account on the Services in accordance with the Terms of this Agreement and will submit a complete and truthful Driver application. Each Driver applicant agrees that by applying he is consenting to an initial driving abstract check and background check and any periodic checks thereafter. Drivers must supply bank account information to establish automated payout, and a SIN number at some point in time after signing up. This information is not stored in any way shape or form on the App. You must also supply a driver’s vehicle license number and insurance information, as well as photographs of the vehicle and the driver. While Drivers are signed into our Service, Fetchit will collect tracking information to connect drivers with the nearest customers. Fetchit will provide potential Customers with Drivers’ names, locations, picture and vehicle details.

TEXT MESSAGING

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

DRIVING SERVICES

A Customer may request driving and delivery services through the Services by first selecting the type of vehicle (i.e., truck, van, SUV) that the Customer requires and confirm that order through the Services. Once the Customer confirms the order (subject to the cancellation policy), Fetchit will match the Customer with the nearest available Driver that matches the Customer’s request. Once matched, the Customer and Driver may only communicate regarding the driving and delivery services through the Services. Fetchit uses a third party provider to facilitate text, voice and other communications between Customer and Driver (to mask a party’s phone number and promote privacy) The third party’s terms of service will apply to the services the third party performs.

PROMOTIONAL CODES

Fetchit may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits, subject to terms that Fetchit establish on a per promotional code basis ("Promo Codes"). You agree that Promo Codes must be used in a lawful manner, may be disabled by Fetchit at any time for any reason and may expire prior to your use. If you fraudulently use credits, and Fetchit determines that you used the Promo Code against these Terms, Fetchit reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes.

USER PUBLISHED CONTENT

Fetchit may allow you to upload or publish visual content and information, including commentary and feedback related to the Services. Any User Content provided by you remains your property. However, by providing User Content to Fetchit, you grant Fetchit a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the Content in Your User Submission and Your name, voice, and/or likeness as contained in Your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including promotion of the Fetchit Services, and including the unfettered right to sublicense such rights, in perpetuity without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Fetchit in its sole discretion, whether or not such material may be protected by law. Fetchit may review or remove User Content, at Fetchit’s sole discretion at any time and for any reason.

User Submissions and User published Content do not represent the views of Fetchit or any individual associated with Fetchit, and we do not control this Content. In no event shall suggest Fetchit’s endorsement of user published Content. Fetchit does not vouch for the accuracy or credibility of any user published Content on our Services, and does not take any responsibility or assume any liability for any user published Content on our Services. You may be exposed to Content that You may find offensive, objectionable, harmful, inaccurate or deceptive, and you should inform Fetchit immediately. There may also be risks of dealing with underage persons, people acting under false pretense, and foreign nationals. By using our Services, You assume all associated risks.

NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. Fetchit does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. PAYMENT

You understand that use of the Services may result in payments by you for the services you receive from a Driver ("Charges"). Fetchit will charge Customers for the peer-to-peer moving services they obtain through the Services in accordance with Fetchit’s Pricing Policy. The Customer acknowledges and agrees to the refund and cancellation policies set forth in these Terms. All charges will be billed to the valid credit card that the Customer submitted through the Services when the Driver indicates that the transaction has concluded. After you have received services obtained through your use of the Service, Fetchit will send you a receipt by email. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Fetchit. Fetchit will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.

All Charges are due immediately and payment will be facilitated by a third party provider “Stripe” through the App. Payments not made immediately will be collected automatically at 11:59p.m. of the same day the service was completed. In the event legal action is necessary to collect on balances due, the Customer agrees to reimburse Fetchit and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. The Customer is responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Services.

Fetchit reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Fetchit’s sole discretion. Fetchit will use reasonable efforts to inform you of any extra Charges that may apply, and you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for Services from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee if you cancel within 24 hours of a scheduled service after the 5 minute grace period has expired.

This payment structure is intended to fully compensate the Third Party Provider for the services provided. Fetchit will collect all payments owing from the Customer as set forth above. The Customers are responsible for all payments to the Drivers. Fetchit will compensate Driver in accordance with the payment policies set forth in the Driver application, provided that Fetchit will not be responsible to Driver for Customer’s failure to pay, or arrange for any payment to be made to Driver. Fetchit does not designate any portion of your payment as a tip or gratuity to the Driver. You may provide a tip or gratuity to any Third Party Provider, but you are under no obligation to do so. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Driver.

In the event that by no fault of the driver or Fetchit a service cannot be completed, the user will be charged 50% of the estimated fee.

DAMAGES

If an item or something that belongs to you is damaged during the extent of a Fetchit request, Fetchit is in no way responsible or accountable for covering those damages. However, you can submit a claim to support@gofetchit.ca and it can go through the claims process. The claims process may include communication with the Driver in order to settle any disputes.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FETCHIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FETCHIT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

FETCHIT SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF FETCHIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FETCHIT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FETCHIT’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY MOVING PROVIDERS PROVIDING MOVING SERVICES REQUESTED THROUGH FETCHIT MAY NOT BE PROFESSIONALLY LICENSED. IN NO EVENT SHALL FETCHIT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED CANADIAN DOLLARS (CAD $500). THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

INDEMNITY

You agree to indemnify and hold Fetchit and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Fetchit’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. DISPUTE RESOLUTION

ARBITRATION

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Fetchit, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Fetchit are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Fetchit otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

7. OTHER PROVISIONS

CHOICE OF LAW

These Terms are governed by and construed in accordance with the laws of the Province of Ontario, CANADA, without giving effect to any conflict of law principles.

COPYRIGHT INFRINGEMENT CLAIMS

Claims of copyright infringement should be sent to Fetchit’s designated agent, please email support@gofetchit.ca for more information.

NOTICE

The Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. 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 Fetchit, with such notice deemed given when received by Fetchit, at any time by first class mail or pre-paid post. Please email support@gofetchit.ca to get the address information.

©2017 Fetchit Technologies Incorporated