Terms of Use

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE UPON WHICH RAA OFFERS YOU ACCESS AND USE OF OUR SERVICES (DESCRIBED BELOW). THIS INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AS WELL AS CERTAIN EXLUSIONS AND LIMITATIONS.


Table of Contents

1. Introduction

2. RAA Accounts

3. Use and Access of the Service

4. Intellectual Property

5. Disclaimers

6. No Implied Warranties; Limitation of Liability

7. Indemnification

8. RAA's Additional Rights and Obligations

9. Users' Additional Rights and Obligations

10. Prices and Payments

11. Taxes

12. Cancellation Policy

13. Insurance

14. Verification

15. Termination

16. Governing Law and Dispute Resolution

17. Miscellaneous



1.  Introduction


Renaissance And Action Ltd. operating as RAAexpress ("Renaissance And Action", "RAA", "we", "us" or "our") owns and operates the website www.renaissanceandaction.com and other subdomains (the "Website") and the RAAexpress mobile application (the "App"). The Website and App provide an online service (the "Service") that connects drivers (each individually a "Driver" and collectively the "Drivers") who will be making a trip to a destination and have room in their vehicles with individuals (each individually a "Sender" and collectively the "Senders") who want to have packages (each a "Package" and collectively the "Packages") delivered to the same destination as the driver or to a destination on the way to the Driver's final destination ("Deliveries").


This terms of use (the "Terms of Use") applies to all Drivers, Senders and any other registered user of the Service and users of the Website and App (collectively, "you", "your", "he/she", "they" and "Users"). You understand and agree to be legally bound by these Terms of Use whether you register to use the Services or not. If you do not agree with the Terms of Use then you have no right to continue using or accessing the Service, other Users and RAA content.


RAA may change this Terms of Use from time to time without giving notice to the Users and to be effective upon posting of an updated version of the terms on the Website. The Terms of Use may have changed since your last visit to the Website or App. It is your responsibility to review the Terms of Use for any changes. RAA encourages you to check the Website and App periodically for said changes. Your use after any amendments or updates of the Terms of Use shall signify your assent to and acceptance of such revised terms. Any new features that may be added to the Website or App from time to time will be subject to the Terms of Use, unless stated otherwise. 


You confirm that you acknowledge that RAA is in no way a party to any agreements entered into between Drivers and Senders and RAA has no control over the conduct of Drivers, Senders or other Users. You understand that RAA is not an insurer, agent, or broker and you disclaim RAA of all liability in this regard to the maximum extent permitted by law.


Please note that important information about RAA's practices on the collection, use and disclosure of Users' personal information submitted via the Website or the App is governed by our Privacy Policy, the terms of which are incorporated into this Terms of Use. Please see Privacy Policy. 


In addition to these Terms of Use and the Privacy Policy, Drivers and Senders may be subject to additional terms agreed upon in separate agreements with RAA in respect of the Packages and /or Deliveries offered by such Users. In the event of any conflict between these Terms of Use and the separate agreement you may have with RAA the terms of the separate agreement will govern.


IMPORTANT NOTICE: Please be aware that sections 5 and 6 contain important disclaimers and limitations of liability. Additionally, section 14 governs how claims that you and we have against each other are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of these Terms of Use. In particular, it contains an alternative dispute resolution process and you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you are waiving your right to seek relieve in a court of law and to have a jury trial on your claims.



2.  RAA Accounts


a.  You represent and warrant that all information supplied by you on the Website and App (including information provided by you to create an account for use of the Service (a "RAA Account")) or in connection with your use of the Service is true, accurate, current and complete. You must be the credit card holder in order to pay any Deposit (as defined below) and payments through the Service. Personal information provided by you on registration is handled by us in accordance with the terms of our Privacy Policy.


b.  To create an RAA Account each User of the Service is asked to, among other things:

 i.  Reached the age of majority in your jurisdiction; 

 ii.  Verify their email address and have access to that email address while making use of the Service;

 iii.  Verify their cellphone number and have access to the cellphone to communicate with other Users via calls and text messages while making use of the Service; 

 iv.  Provide their legal first name and last name;

 v.  Upload a valid driver's license or other form of legal identification that has a photo of the User;

 vi.  Provide your age and gender; and

 vii.  Agree to our Terms of Use and Privacy Policy.

Failure to provide the above may result in, at RRA's sole discretion, you being denied access or use of the Service.


c.  Any RAA Account must be kept secure and you agree that you will not share or disclose your RAA Account credentials with anyone. RAA will not be liable for any loss or damage arising from your failure to safeguard your RAA Account. 


d.  By creating an RAA Account you agree that RAA may send you text messages, mobile notifications and emails as part of the normal business operation and promotion of our Service. You are responsible for all associated data, carrier, and service fees that may arise as a result of your use of the Service. You may opt-out of receiving text (SMS) messages from RAA at any time by emailing teams@renaissanceandaction.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.


e.  RAA reserves the right to deny your request for a RAA Account (including usernames) and to disable or terminate access to any RAA Account (including usernames) issued to you at any time in RAA's sole discretion. If RAA disables access to a RAA Account issued to you, you will be prevented from accessing the Website, the App, the Service, your RAA Account details or other information that is associated with your RAA Account. 


f.  We may suspend or terminate your ability to access the Website and App, or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we believe: (i) you may have violated these Terms of Use, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the Service to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the Website, App or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by RAA in its sole discretion and that no members of the RAA will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the Website and App. Any suspension or termination of this Agreement by RAA will be in addition to any and all other rights and remedies that RAA may have.


g.  You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your RAA Account be deleted, ceasing use of the Website, the App and the Service. If you request deletion of your RAA Account, we may disable your RAA Account but keep the disabled RAA Account for fraud prevention or other lawful purposes. If we have received all outstanding payments from you, you may request that your RAA Account be deleted. 


h.  We may terminate these Terms of Use at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the Website and App.


i.  RAA reserves the right to access, read, preserve and disclose any and all information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including the investigation of potential violations hereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of the Users and the public.



3.  Use and Access of the Service


a.  Subject to your compliance with these Terms of Use, RAA hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the Website and App in accordance with these Terms of Use in the following manner depending on the type of User that you are: 

 i.  For Drivers, you may create an account, register for Deliveries, authorize credit card payments, take photos as evidence of deliveries and use the Service to manage the offering and fulfilment of Deliveries; 

 ii.  For Senders, you may create an account, post Deliveries for Drivers, upload photos of the Packages, use the Service to view postings made by Drivers, connect with Drivers and pay for Deliveries; 

 iii.  All Users may use the Service to communicate with other Users; and

 iv.  Both Drivers and Senders may use the Service to book Deliveries.

(i) – (iv) constitute the "Permitted Use" as applicable for a specific type of User. 


b.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website and App. 


c.  Any future release, update or other addition to the functionality of the Website and App shall be subject to the terms of these Terms of Use.


d.  You agree to comply with all applicable laws when using the Service and you may only use the Service for lawful purposes (e.g., no transportation or Deliveries of unlawful items or substances). You will not send animals, fragile items, paint, liquid, powder, money, tobacco, alcohol, gas, farmable items, marijuana, vaping products, any animal body parts, human body remains in any forms, explosive materials, bullion, firearms, pornography, pirated goods, artwork, antiques, medical samples, jewellery, luxury items, oxidizers, infectious substances, radioactive materials, corrosives, batteries, asbestos, dry ice, strong magnets or any other dangerous, toxic products. In your use of the Service, you will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Drivers or any other party.


e.  Senders agree to not send packages that could be damaged by exposure to ordinary fluctuations in temperatures.


f.  RAA retains the right, at its sole discretion, to deny access to anyone to the Website, the App or the Service at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use of the Website and App or Service immediately upon request by RAA.


g.  The Website and App and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the Website and App constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.


h.  RAA reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features and availability for Deliveries) contained on or provided through the Website and App (the "Content") at any time, and from time to time, without notice. For greater certainty the Content includes the User Content (as defined below).


i.  You may not, without RAA's prior written permission, use the Website, the App, the Service or the Content, including other User's User Content (as defined below), for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the Website, the App, the Service or any Content to:

 i.  "frame", "mirror" or otherwise incorporate the Website, the App, the Service or the Content or any part thereof on any commercial or non-commercial website;

 ii.  access, monitor or copy any part of the Website, the App, the Service or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without RAA's express written permission;

 iii.  violate any laws;

 iv.  remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Website, the App, the Service or the Content;

 v.  attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Website, the App, the Service or the Content;

 vi.  copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Website, the App, the Service or the Content;

 vii.  license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, the App, the Service or the Content;

 viii. create derivative works based on the Website, App, Service or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Website, the App, the Service or the Content;

 ix.  use or access the Website, the App, the Service or the Content in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or

 x.  upload to or transmit through the Website, the App, the Service or the Content any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by RAA in its sole discretion.



4.  Intellectual Property


a.  The Website, App and all Content (excluding User Content as defined in section 4.bbelow), is owned or licensed by RAA and protected by copyright, trade-mark and other intellectual property laws ("RAA Content"). RAA expressly reserves all rights in the Website, App and all materials provided by RAA in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all right, title and interests in the Website and App, all materials provided by RAA in connection with these Terms of Use (including the RAA Content), and any update, adaption, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with RAA (or third party suppliers or licensors, if applicable), and that the Website, App and all materials provided by RAA hereunder are licensed and not "sold" to you.


b. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website or App by Users ("User Content"), is the sole responsibility of such Users. This means that the User, and not RAA, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the Website and App. RAA may monitor User Content from time to time but RAA does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will any members of RAA be liable in any way for any User Content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Website and App. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the RAA Privacy Policy and all other User Content will be considered non-confidential.


c.  By submitting, posting or displaying User Content on or through the Website, App or otherwise to RAA, you grant RAA, a worldwide, non-exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. You further grant RAA the right (although RAA does not have the obligation) to pursue at law any person or entity that violates your or RAA’s rights in the User Content by a breach of these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. For the avoidance of doubt, RAA has no obligation to post or display any User Content on the Website and App.


d.  RAA may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof ("User-Related Content"). You grant to RAA a perpetual, transferrable, irrevocable, royalty-free, worldwide and sublicensable license to access, collect, store and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the RAA Privacy Policy. User-Related Content is not considered confidential or proprietary.


e.  You may only use RAA Content and other Users' User Content for the applicable Permitted Use. If you print extracts from the Website or App for your own personal, non- commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.


f. Through the capabilities of the Website and App you may be able to provide ratings/reviews, suggestions or other feedback ("Submissions"). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content) you represent and warrant that you will not post or transmit to or from the Website and App any material or content which does or may:

 i.  Breach any applicable local, national or international law;

 ii.  Be unlawful or fraudulent;

 iii.  Amount to unauthorized advertising;

 iv.  Contain any defamatory, obscene or offensive material;

 v.  Promote violence or discrimination;

 vi.  Infringe the intellectual property rights of another person;

 vii.  Breach any legal duty owed to a third party (such as a duty of confidence);

 viii. Promote illegal activity or invade another’s privacy;

 ix.  Give the impression that they originate from us; or

 x.  Be used to impersonate another person or to misrepresent your affiliation with another person.

You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the Website and App.


g.  We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the Website and App that we determine breaches the restrictions in section 4.fabove or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the Website and App is for information purposes only and does not constitute advice from us or the opinions of anyone within RAA. User Content may reflect the opinions of Users who have used the Service and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of RAA assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.


h.  You acknowledge that RAA may choose to provide attribution of your Submissions (for example, listing a date, User’s name and city on a User’s rating/review that you submit) at RAA’s discretion, and that such User Content may be visible to other Users and visitors to the Website and App. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. 


i.  If you access any personal information through or in connection with the Website and App you agree that you will treat such personal information in accordance with RAA's Privacy Policy and you will not collect or harvest any personal information, including personal information of other users, except as permitted by these Terms of Use.



5.  DISCLAIMERS


THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.


a.  The legal relationship in respect of the Delivery of Packages is between the Driver and the Sender. We have no control over the actions or omissions of any Driver or Sender. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Service:

 i.  We do not give any undertaking that the Packages provided by any Sender through the Service will be of satisfactory quality or suitable for deliveries and we disclaim any such warranties;

 ii.  Estimated times for Deliveries are provided by the Driver and are only estimates. Neither we nor the Drivers guarantee that the Packages will be delivered within the estimated times;

 iii.  Estimated times for pick-ups are provided by the Sender and are only estimates. Neither we nor the Senders guarantee that the Packages will be available for pick-up at the estimated times;

 iv.  We encourage all Drivers to accept all Deliveries, however the addresses and distances of Deliveries may not be within an appropriate range of the Driver's route or final destination. In such cases, your request for Delivery will remain open and available for other Drivers to accept. If no Driver accepts a Delivery by the final, specified pickup date, the request for Delivery shall automatically expire and no longer be available to Drivers. We do not guarantee that Drivers will accept all Deliveries, and Drivers have the discretion to not accept Deliveries at any time because they are too busy, due to weather conditions or for any other reason; 

 v.  We do not conduct any investigation or any form of diligence on any Sender or the Packages they are providing to Drivers for Delivery. The Driver is solely responsible for determining the suitability of the Package provided by the Sender for Delivery;

 vi.  We do not conduct any investigations or any other form of diligence on any Drivers. The Sender is solely responsible for determining the suitability of the Driver and entrusting the Package for Delivery with such Driver; and

 vii.  The foregoing disclaimers do not affect Users' statutory rights against any Driver or Sender.


b.  The downloading and viewing of the Website and App or the Content is done at your own risk. RAA cannot and does not guarantee or warrant that the Website and App or the Content are compatible with your computer system or that Website and App or the Content, or any links from the Website, the App or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website and App.


c.  RAA does not guarantee the confidentiality of any communications made by you through the Website and the App. Although RAA generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Website and App, you understand, agree and acknowledge that RAA cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website and the App.



6.  NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY


a.  THE SERVICE, THE WEBSITE, THE APP AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RAA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICE, WEBSITE, THE APP AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICE, THE WEBSITE, THE APP OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.


b.  RAA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.


c.  RAA DOES NOT GUARANTEE THE SUITABILITY OF THE PACKAGES OR THE SAFETY OF DRIVERS. DRIVERS AGREE THAT THEY ARE ACCEPTING PACKAGES AND THE CONTENTS OF THOSE PACKAGES AT THEIR OWN RISK AND THAT SUCH RISK REMAINS SOLELY WITH THE DRIVERS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.


d.  IN NO EVENT WILL RAA BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT RAA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICE, THE WEBSITE, THE APP OR THE CONTENT.


e.  DRIVERS OFFERING SERVICES THROUGH THE WEBSITE AND APP ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF RAA. RAA IS THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY DRIVERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE PRODUCTS OR SERVICES OFFERED BY DRIVERS.


f.  TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF RAA IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICE, THE WEBSITE, THE APP OR THE CONTENT EXCEED CDN $60.00 (SIXTY CANADIAN DOLLARS), WHICHEVER IS LOWER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.


g.  Our Service is a facilitator through which Drivers and Senders may post and arrange for Deliveries through our online platform for strictly non-commercial activities. For avoidance of doubt, (i) RAA does not provide delivery services directly and it (and its affiliates) will not be liable for the actions or omissions of any Drivers that provide delivery services through the Service including, without limitation, any issues related to damages or timely delivery; and (ii) it will not be liable for the Packages provided by Senders to the Drivers for Delivery or any damage, harm, or loss it may cause to the Driver or the Driver's property. In the event of a dispute between you and another User, you release us (and our affiliates) from claims, demands and damages (actual or consequential) of any kind and nature, known or unknown, suspected and unsuspected, disclosed and un-disclosed, arising out of or in any way connected with such disputes.


h.  You assume full and sole responsibility and risk for any additional or associated costs that you may incur in connection with or as a result of your use of the Website and the App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

i.  We do not warrant that the Service will:

 i.  meet your requirements and expectations; and

 ii.  any information that you obtain through the Service will be accurate or reliable.

THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH RAA WOULD NOT MAKE THE WEBSITE, THE APP AND/OR SERVICE AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.



7.  Indemnification


a.  You agree to defend, indemnify and hold harmless RAA, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threatened or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:

 i.  your breach of these Terms of Use or any documents referenced herein;

 ii.  your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or

 iii.  your breach of or failure to perform in respect of any Deliveries made by you or by any third party acting on your behalf or with your permission.


b.  RAA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by RAA.



8.  RAA's Additional Rights and Obligations


a.  RAA shall use commercially reasonable efforts to enable Users to access the Service. RAA may change or discontinue the Service at any time without notice, but most changes shall only apply to you prospectively after the effective date of the change.


b.  If the delivery address provided cannot be found at the time of delivery RAA will assist the Driver with contacting both the Sender and recipient for further instructions. If, after reasonable attempts, the Driver is unable to complete the delivery, RAA will use commercially reasonable efforts to arrange for the return of the Package to the Sender. Re-routing and any re-delivery attempts will result in additional fees.


c.   RAA reserves the right for itself and the Driver, in its and the Driver's sole but reasonable discretion, to refuse, hold or return any packages and may do so without liability. By way of example and not limitation, RAA or the Driver may exercise this right if the Package: (a) may cause damage or delay to other Packages, property or personnel; (b) is likely to sustain damage or loss in transit because of improper packaging or otherwise; (c) appears to be damaged at the time of pickup from the Sender; (d) contains any prohibited items; or (e) may jeopardize RAA's ability to provide the Service to other Users. Users acknowledge and agree that RAA has no liability whatsoever for refusal or rejection of a Package so long as RAA's refusal or rejection is in good faith. 


d.  RAA may, in its sole and absolute discretion, make promotional offers with different features and different rates to some of our Senders. These promotional offers, unless made to you, shall have no bearing whatsoever on your fees. RAA may change the fees for Services as we deem necessary for our business. RAA encourages you to check our site periodically if you are interested in learning more about how RAA charges for the Service.



9.  Users' Additional Rights and Obligations 


a.  It is the Sender's sole responsibility to provide RAA and the Driver with the correct destination address for an intended recipient. Additional charges may be incurred for any delays due to incorrect shipping information.


b.  Senders agree to have properly packed, marked and labeled Packages for all Deliveries. Packages susceptible to damage as a result of conditions that may be encountered during transit such as, but not limited to, changes in temperature or atmospheric pressure and adverse road conditions must be adequately protected by proper packaging. Each shipment must be accompanied by a durably marked description of the nature and quantity of the Package and the name, address and postal code of the recipient.


c.  Packages are not to exceed weight limitations of 33 pounds and have dimensions no more than 40" x 16" x 16", and shall easily fit in a passenger car, van, pickup, SUV or other small vehicle. Packages that require special handling due to their excess weight, cubic volume, shape or size may require additional coordination and may be subject to additional terms, conditions and fees.

 

d.  If a Package leaks or is damaged due to inadequate packaging, the Package will be returned to the Sender's pickup point, if possible. If the Package cannot be returned due to leakage or inadequate packaging, the Sender is responsible for and shall reimburse RAA and the Driver for all costs and fees of any type incurred in connection with the storage and/or disposal of the Package and subsequent clean up required to remediate any spill or leak.


e.  When placing a Delivery order, Senders will choose the time and location for where the Package is to be picked up from or delivered to and Drivers shall use their best efforts to arrive at the designated location at the designated time.


f.  You are responsible for exercising common sense and determining the suitability of other Users of the Service. We encourage you to communicate directly with Drivers or Senders through the Service and to take the same precautions you would when meeting a new person when meeting a person on Delivery.


g.  Senders shall accurately describe the Packages and their contents when providing them to the Driver.


h.  Drivers shall not open the Sender's Package.


i.  Users must exercise their own judgment and estimate their ability to lift Packages and other items. Drivers can refuse to accept Packages if the Driver believes they will not be able to lift or maneuver Packages. The Driver may ask the Sender and recipients for help. Senders and Drivers do not hold RAA liable for any lifting injuries including, but not limited to, slips, trips, falls and strains that arise from lifting or handling Packages. 


j.  Drivers shall act responsibly and exercise good judgment. This includes, but is not limited to, the following:


 i.  Driving carefully;

 ii.  Respecting the rules of the road;

 iii.  Not operating a vehicle while impaired by the use of any substance;

 iv.  Not violating any applicable laws or regulations; and

 v.  Driving a vehicle that is in good functioning order and that has passed any required vehicle inspections.


k.  Users shall not use the Service for commercial activities unless otherwise agreed by contract with RAA. The Service is strictly limited to Drivers providing Deliveries of Packages for Senders. The Service cannot be used to offer or accept Delivery in any commercial or professional context. The Driver shall not provide additional services to any Sender for profit or collect additional Packages from a Sender without using the Service. All Deliveries must be agreed to through the Service in advance. 


l.  If you feel that another User of the Service has acted inappropriately, you shall immediately report such User to the appropriate authorities and to us, provided that your report does not obligate us to take any action or cause us to incur any liability.



10.  Prices and Payments


a.  Prices for Deliveries will be quoted on the Website and App, are inclusive of the applicable sales taxes, and are for the standard package dimensions and weight, such package dimensions and weight being 40" x 16" x 16" and 33 pounds. Any Package exceeding the standard package dimensions or weight shall be counted as additional Packages, depending on the dimensions and weight of the Package, and shall be priced accordingly.


b.  Users must comply with the quoted prices for Deliveries and may not negotiate a different price. Senders will be charged at the time of placing the Delivery. The payment for the Delivery will be transacted through payment services providers as RAA may choose from time to time (collectively referred to as the "Payment Processing Services Provider"). You hereby authorize RAA to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the Service. You also agree that RAA is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party. We reserve the right to change or stop accepted any permitted payment method at any time in our sole discretion. You agree we may charge your account and credit card for any order placed and for post-delivery charges and all applicable taxes as they may apply. 


c.  You are responsible for ensuring that all of your billing information is current, complete and accurate. We will provide you with an online or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.


d.  Delivery prices and other fees are subject to change at any time at RAA's discretion.


e.  RAA operates the Service with online payments processed through the Payment Processing Services Provider. Any other forms of online or offline payments, including, but not limited to, cash and electronic transfers, are not permitted and may lead to the termination of your RAA Account.


f.  Users agree to respond to any demand from RAA, the bank or any governmental entities with regards to preventing or fighting fraud or money laundering. Users agree in advance to allow RAA to freeze any funds they might be owed in relation to the Service.


g.  Drivers shall receive their payments for completed Deliveries directly into their bank accounts. As such, Drivers will be required to enter their direct deposit information into their RAA Accounts. These payments can only be processed into Canadian bank accounts and in Canadian dollars. RAA is not responsible for verifying banking information provided and any payments sent to incorrect bank accounts cannot be reverted.


h.  While payments are sent to drivers daily, the estimated processing time for all payments is between one (1) and five (5) business days.

i.  Drivers will receive their payments if:

 i.  The Packages are delivered on time to the recipient; 

 ii.  The Packages are not damaged during the Delivery process; and

 iii.  The Driver has properly evidenced the receipt of the Package by the intended recipient.



11.  Taxes


a.  You are responsible for the remittance of: (i) any taxes collected by RAA and paid to you that may be levied on your Deliveries, including without limitation, federal, provincial and local excise, sales, use, goods and services taxes, value added taxes, harmonized sales taxes; (ii) your income taxes; and (iii) any taxes or other amounts in lieu thereof or penalties, interest and demands which may be made by any applicable governmental authority body in respect of such taxes that may be levied on the transactions contemplated herein (collectively the "Taxes").


b.  You agree to indemnify RAA and save it harmless from and against all liabilities and claims whatsoever against RAA, including fines, penalties and interest thereon, for or by reason of or in any way arising out of your failure to deduct, withhold or remit the Taxes. You agree to reimburse RAA for such payments immediately upon demand.



12.  Cancellation Policy and Penalties


a.  Drivers are expected to only accept bookings when they are 100% certain that they will be traveling to the Delivery destination. If a Driver cancels a Delivery or fails to show up for the Delivery, the Driver may be charged $10 per Package (the "No ShowPenalty").


b.  If the Driver fails to deliver the Package on time, damages the Package, loses the Package, the Driver may be charged $60 per Packages (the "Damage Penalty" together with the No Show Penalty the "Penalties")


c.  Drivers authorize RAA to place a $10 hold onto their credit cards at the time a Delivery booking is confirmed (the "Deposit"). The Deposit shall be released back to the Driver upon completion of the Delivery. If the Driver must pay the Penalties for the reasons outlined above, RAA may apply the Deposit to such accounts. 


d.  Users may cancel Deliveries at anytime before the Package is given to the Driver. Once a Delivery booking has been confirmed, Senders will not receive refunds if the Sender cancels a Delivery booking.


e.  RAA reserves the right to block a Driver's RAA Account if the Driver repeatedly cancels Delivery bookings and RAA believes the Driver is providing a negative experience for other Users. 


f.  Senders and Drivers may refuse handing over or picking up Packages if they feel that the other party is unsafe or untrustworthy. In these circumstances Users may be refunded and any Deposit will be released once evidence has been provided that the User attended to the designated pick-up location. 



13.  Insurance


a.  Drivers take all of the responsibility to insure their vehicles as per the laws in effect and to check the validity of their insurance before every Delivery. The Driver must have a valid driver's license and ensure their insurance policies cover any damage to Packages during a Delivery.

 

b.  The Driver accepts sole financial responsibility for any covered or uncovered insurance claims that might result from an accident, injury or damages to the Driver, the Packages and any third party in an accident. 


c.  Users agree that RAA is in no way liable or responsible to Users in accidents or related accidents.


d.  RAA reserves the right to suspend at any time a User's RAA Account and withhold any outstanding payments in suspicion or acknowledgement of the User driving without valid or sufficient insurance or Users practicing any commercial activity through the Service.


14.  Verification

a.  RAA prioritizes the safeguarding of your information. When you enter sensitive information on our Website or App we follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Service, please contact us at teams@renaissanceandaction.com


b.  We ask Users to verify their identify by:

 i.  Linking their cellphone numbers to their RAA Account; and

 ii.  Uploading a valid driver's license or other form of legal identification.


c.  We do not investigate any User's reputation, conduct, morality, criminal history or any other information.


d.  We reserve the right to expand, limit or terminate our verification procedure and process.



15.  Termination


a.  RAA may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or App or portions thereof. Cause for such termination shall include, but not be limited to RAA, (a) breaches or violations of these Terms of Use or any other agreement that you may have with  (including, without limitation, non-payment of any fees owed by you to RAA, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Website or App may also include removal of some or all of the materials uploaded by you. You acknowledge and agree that all terminations may be made by RAA in its sole discretion and that RAA shall not be liable to you or any third-party for any termination of your access to the Website or App or for the removal of any of the materials uploaded by you to the Website. Any termination of these Terms of Use by RAA shall be in addition to any and all other rights and remedies that RAA may have.



16.  Governing Law and Dispute Resolution


a.  These Terms of Use will be governed by the laws of the Province of Alberta, unless you access the Website and the App or receive the Service in Quebec, in which case the laws of the Province of Quebec apply to the extent of such access or use of the Service, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Website, the App, the Service or the Content, notwithstanding your domicile, residency or physical location. The Website, the App, the Service and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.


b.  Dispute Resolution Process

 i.  Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) RAA, including any dispute or controversy arising out of or relating to these Terms of Use, the Website, the App or the Service, any interactions or transactions between (1) you and (2) RAA, or in respect of any legal relationship associated with or derived from these Terms of Use, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.

 ii.  Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively the "CAA Rules") provided by the Canadian Arbitration Association (the "CAA"). (The CAA Rules are available at www.adr.org/arb_med or by calling the CAA at 1-800-856-5154).

 iii.  The seat of the arbitration will be Alberta or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Each party shall be responsible for and pay their own costs.

 iv.  Except to the extent restricted by applicable law, you and RAA agree that you and RAA will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against RAA.

 v.  Nothing in this section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

 vi.  TheCommercial Arbitration Actwill govern the interpretation and enforcement of this section.



17.  Miscellaneous


a.  Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to these Terms of Use. The section headings in these Terms of Use are for reference and convenience only and shall not be considered in the interpretation of these Terms of Use.


b.  If you are a User, these Terms of Use, the Privacy Policy and any documents incorporated by reference herein constitute the entire agreement between RAA and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RAA with respect to the Website, the App and the Service. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


c.  RAA may, in its sole discretion, provide any notices to you in connection with these Terms of Use through the Website and App or by email at the then-current email address for you on file with RAA. RAA may be contacted in writing at:


RenaissanceAndAction Ltd.

3211, 175 Silverado Blvd. S.W.

Calgary, Alberta T2X 0V5

or

teams@renaissanceandaction.com


RAA may change its notice contact information from time to time by posting updated contact details on the Website and App.


d.  RAA's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.


e.  RAA will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Use for the period that such failure or delay is due to causes beyond RAA's reasonable control, including but not limited to acts of God, power outages, internet disconnectivity, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.


f.  If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Use shall remain in effect.


g. The parties have required that this Agreement and all documents and notices resulting from it be drawn up in English. Les parties aux présents ont exigé que la présente convention ainsi que tous les documents et avis qui s'y rattachent ou qui en découleront soit rédigés en la langue anglaise.

h.  You may not transfer any of your rights or obligations under these Terms of Use without our prior written consent. We may transfer any of our rights or obligations under these Terms of Use without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.


Last Updated: Nov 12, 2018







                                                          Privacy Policy



Renaissance And Action Ltd. operating as RAAexpress ("Renaissance And Action", "RAA", "we", "us" or "our") owns and operates the website www.renaissanceandaction.comand other subdomains (the "Website") and the RAAexpress mobile application (the "App" and together with the Website, the "Services"). Throughout your use of the Services, RAA collects information about you. RAAexpress is committed to maintaining the privacy of individuals and protecting personal information in its custody or control and complying with applicable privacy legislation


Application

This Privacy Policy is a summary of RAAexpress privacy practices and guidelines governing the provision of products and services but does not apply to personal information related to potential, current or former employees or contractors of Renaissance And Action Ltd.


Method to opt-out

If you do not agree with any part of this Privacy Policy you should not conduct any transactions on this Website and Apps and navigate away from this page immediately.


Collection of Information

When you use our Services, we collect information about you in the following general categories:

a)  Contact Information: your name, receiver name, telephone numbers, email addresses, pickup address, delivery address, or other information to contact or identify you.

b)  Transaction Information: we collect transaction details related to your use of the Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled, and other related transaction details. We do not handle and store your credit card information. Credit card information is handled by a third party payment services provider as RAA may choose from time to time.

c)  Communication Information: voluntary information provided by you that includes, but is not limited to, feedback, reviews, ratings, requests for customer care, referrals, special order instructions, and other actions performed while using the Services.


Why we collect, use and disclose personal information

We may collect, use, disclose and retain information you provide to us for the following purposes:

• to open and maintain an account with us;

• to offer and provide pickup and delivery services; 

• facilitate communications between you and other users;

• to process payments;

• to carry out customer surveys, in order to evaluate the needs, wants and satisfaction levels of our customers and to analyze and manage our business;

• to comply with legal or regulatory requirements (including those related to security);

• to promote and market products and services offered by us; 

• to send promotional materials, news, articles, and advertising materials when you subscribe to email newsletters; and

• to respond to inquiries from you.

Except as required for the foregoing, or as required or permitted by applicable law, RAAexpress does not disclose personal information to third parties without your prior consent.


Social Sharing Features

The Services may integrate with social sharing features and other related tools which let you share your use and experience of the Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.


Consent

If you choose to voluntarily submit personal information to us, we will consider that you have consented to our collection, use and disclosure of this personal information for purposes reasonably related to your providing the information and for the purposes set out in this Privacy Policy.

Subject to the above, we will usually ask for your consent when we collect your personal information. Sometimes this may happen after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not disclosed in this Privacy Policy or elsewhere to you, we will make efforts to let you know about that purpose before use or disclosure.

Since RAAexpress is a platform to facilitate package delivery between a sender, driver, and receiver, we need to share your certain personal information, including, but not limited to, your name, pickup addresses, delivery addresses, phone numbers, delivery instructions, package photos, dates, times, package contents, and vehicle descriptions amongst all of the listed parties to finish a delivery. 

You may modify or revoke your consent at any time, with reasonable notice, subject to applicable laws and contracts signed by you, by sending written notice to us at the email listed below. In some circumstances, a modification or revocation of consent may limit or prevent us from providing products or services to, or acquiring products or services from you.

We assume, unless you tell us otherwise, that by continuing to deal with us after having had this Privacy Policy made available to you that you consent to the collection, use and disclosure of your personal information as set out and for the purposes described in this Privacy Policy, where such consent is required by law.


Accuracy and Completeness

When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate, up to date, and complete. This may involve requesting further information or updates from you. We do request that you advise us of changes to your personal information so that our records may remain current.


Retention and Destruction

We only retain personal information for as long as you have an account for the use of the Services, or as required by the law. After that, your information will be destroyed in a secure manner or made anonymous. 


Security of Personal Information

We recognize our legal obligations to protect personal information collected during the course of carrying on business. We have therefore made reasonable arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction of personal information. All interactions with our services use the Secure Sockets Layer (SSL) protocol. Payments will be transacted through payment services providers as RAA may choose from time to time.

RAA reserves the right to amend this Privacy Policy from time to time as required and without notice by posting an amended version on our website.


Contact Us

If you have any questions with respect to this Privacy Policy or if you wish to request access to, or correction of, your personal information under our care and control, 


please email us at:

 teams@renaissanceandaction.com


Last Updated: Nov 12, 2018