The RenaissanceAndAction service allows users to order package delivery in select cities as identified on the Website (the “Service”). You can use the Service a personal mobile device if you have downloaded the App. As used in this Agreement, "Customer" means a registered user who posts a request for courier services, "Courier" means an independent contractor who is a registered user who submits a bid to provide courier services for a request posted by a Customer. RenaissanceAndAction provides the Services as a method to obtain such third party Couriers, but RenaissanceAndAction is not a carrier or provider of courier services. It is up to the Courier to offer courier services which may be scheduled through use of the Site. For avoidance of doubt, RenaissanceAndAction does not provide delivery services directly and it will not be liable for the actions or omissions of any third-party independent courier contractors that provide delivery services through the Service including without limitation for any issues related to damage or timely delivery.
By placing an order with us you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
Text Messaging. By creating an Account, You agree that RenaissanceAndAction will send you text messages, mobile notifications, and email as part of the normal business operation of Your use of the Services. 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 may opt-out of receiving text (SMS) messages from RenaissanceAndAction at any time by emailing to email@example.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
3. Nature of Services.
3.1 For the avoidance of doubt, RenaissanceAndAction is not a Broker, Freight Forwarder, Motor Carrier or Shipper as such terms may be defined in rules or regulations issued by the Transport Canada or in any other similar rules or regulations or by any other governmental body.
RenaissanceAndAction shall use commercially reasonable efforts to provide its technology platform to enable You to access the Services. RenaissanceAndAction may change or discontinue the Services at any time without notice, but any change shall only apply to You prospectively after the effective date of the change.
3.2 If the delivery address provided cannot be found at the time of delivery RenaissanceAndAction will attempt to contact both the Customer (or an authorized representative of the Customer), and the recipient for instructions. If, after reasonable attempts, the Courier is unable to complete the delivery, RenaissanceAndAction will arrange for the return of the Merchandise to the Customer. Re-routing and any re-delivery attempts will result in additional Customer fees.
3.3 RenaissanceAndAction will attempt to complete delivery to the address provided by the Customer at the time of order submission. It is the Customer’s sole responsibility to provide RenaissanceAndAction with the correct destination address for the intended recipient, and Customer hereby agrees that RenaissanceAndAction is not responsible for any loss, damage or other liability caused by delivery of the Merchandise to the address provided. Additional charges may be incurred for any delays due to incorrect shipping information.
3.4 RenaissanceAndAction may change the fees for our Services as we deem necessary for our business. RenaissanceAndAction encourages you to check our Site periodically if you are interested in learning more about how RenaissanceAndAction charges for the Services.
3.5 You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Courier or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
4.1 Packaging and marking. (a) Customer agrees to comply with all applicable city, province and federal laws governing packing, packaging, marking and labelling of Merchandise for all shipments. (b) All Merchandise must be prepared and packed for safe transportation in compliance with applicable laws and for handling in an express transportation environment. Merchandise susceptible to damage as a result of conditions that may be encountered during transit such as changes in temperature or atmospheric pressure, or adverse pavement/road conditions must be adequately protected by proper packaging. Each shipment must be accompanied by a legible and durably marked description of the nature and quantity of the Merchandise, and the name, address and postal code of the recipient. (c) RenaissanceAndAction’s pricing is based on two Merchandise packages that are less than 15 pounds each, no more than 40”L x 24”W and 12”H of each package and can fit easily in a passenger car, van or SUV. Merchandise that requires special handling due to their cubic volume, shape, size, or weight over 30 pounds combined will require additional coordination and may be subject to additional terms and conditions including fees. (d) If Merchandise leaks, or is damaged due to inadequate packaging, the shipment will be returned to the Customer pickup point, if possible. If the Merchandise cannot be returned because of leakage or damage due to faulty packaging, Customer is responsible for, and will reimburse RenaissanceAndAction for, all costs and fees of any type incurred in connection with the storage and/or disposal of the Merchandise and the clean-up and remediation of any spill or leakage.
4.2 Refusal or Rejection of Merchandise. RenaissanceAndAction reserves the right, in its sole but reasonable discretion, to refuse, hold or return any Merchandise and may do so without liability. By way of example and not limitation, RenaissanceAndAction may exercise this right if the Merchandise: (a) may cause damage or delay to other shipments, property or personnel; (b) is likely to sustain damage or loss in transit because of improper packaging or otherwise; (c) appears to be damaged upon pickup at Customer’s site; (d) contains any prohibited items; or (e) may jeopardize RenaissanceAndAction’s ability to provide service to other customers. Customer acknowledges and agrees that RenaissanceAndAction has no liability whatsoever for refusal or rejection of Merchandise, so long as RenaissanceAndAction’s refusal or rejection is in good faith.
4.3 Perishables. RenaissanceAndAction does not provide refrigerated shipping vehicles and will not be liable for Merchandise that could be damaged by exposure to ordinary fluctuations in temperature.
4.4 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." RENAISSANCEANDACTION 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, RENAISSANCEANDACTION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RENAISSANCEANDACTION DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF COURIERS. 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. LIMITATION OF LIABILITY.
5. Processing Orders
Once you submit an Delivery and your payment has been authorized (cash, or credit card), your Delivery will be assigned to the Courier. Once you have submitted your Delivery and your payment has been authorized, you WILL NOT be entitled to change your delivery and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all of your delivery details, billing, address, and other relevant personal information is current, complete, and accurate. Please note that any confirmation page that you may see on the Website and any Delivery confirmation that you may receive each merely indicate that your Delivery has been received and is being processed by us, and does not necessarily mean that your Delivery has been accepted by the independent contractor. We encourage all our independent contractor to accept all Delivery and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable. However, independent contractors have the discretion to reject Delivery at any time because they are too busy, due to weather conditions or for any other reason. Because of standard banking procedures, once you have submitted an Delivery that you are paying for by credit card and your payment has been authorized, your bank or card issuer will charge the full amount of your Delivery. If your Delivery is subsequently rejected by the independent contractor or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Delivery to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant independent contractors will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. Delivery of Packages
When you place a Delivery order, you may choose the time you would like your Delivery to be picked up or delivered to you. This time is only an estimate and RenaissanceAndAction offers no guarantee by this time. RenaissanceAndAction is not responsible for any delays in receiving your Delivery for any reason.
7. Price and Payment
7.1 Prices will be as quoted on the Website and App and will have applicable sales taxes charges calculated at checkout. You will be charged at the time of placing your Delivery. Payment for Delivery will be transacted through our applicable third party payment processor. You consent to the collection and use of your information by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online and/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.
7.2 RenaissanceAndAction may, in its sole and absolute discretion, make promotional offers with different features and different rates to some of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your fees. RenaissanceAndAction may change the fees for our Services as we deem necessary for our business. RenaissanceAndAction encourages you to check our Site periodically if you are interested in learning more about how RenaissanceAndAction charges for the Services.
8. Restrictions on User Content and Use of the Service
(a) copy any content unless expressly permitted to do so herein; (b) upload, post, email, transmit or otherwise make available any material that; (c) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable; (d) You do not have a right to make available under any law or under a contractual relationship; (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); (f) is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or (h) contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; (i) impersonate any person or entity or misrepresent their affiliation with a person or entity; (j) delivery illegal materials, contents, drugs, goods, products in any forms in packages; (k) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization; (l) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (m) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (n) collect or store personal data about other users or viewers; (o) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or (p) modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
9. End User License
10. Apple App Store and Google Play Store Additional Terms and Conditions
o Apple and Google have no obligation whatsoever to provide any maintenance and support services with respect to the App. RenaissanceAndAction is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be RenaissanceAndAction sole responsibility;
o RenaissanceAndAction, not Apple and Google, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
If You provide RenaissanceAndAction with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service ("Feedback"), RenaissanceAndAction may use such Feedback in the Website, App, Service and/or in any other RenaissanceAndAction products or services. Accordingly, You agree that: (a) RenaissanceAndAction is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to RenaissanceAndAction, (c) RenaissanceAndAction may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback, and (d) You are not entitled to receive any compensation, reimbursement of any kind in respect of the Feedback.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." RENAISSANCEANDACTION SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. RENAISSANCEANDACTION DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND RENAISSANCEANDACTION SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. RENAISSANCEANDACTION WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. RENAISSANCEANDACTION WILL NOT BE LIABLE FOR ANY ISSUES RELATED TO FOOD ORDERS OR DELIVERIES PROCESSED THROUGH THE SERVICE.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RENAISSANCEANDACTION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, APP, OR SERVICE, (VI) STATEMENT OF CONDUCT, PRODUCT, OR ABILITY OF ANY THIRD-PARTY ON THE SERVICES, OR VII) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF RENAISSANCEANDACTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RENAISSANCEANDACTION LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID RENAISSANCEANDACTION IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
17. Dispute Resolution
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 RenaissanceAndAction, 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 RenaissanceAndAction 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 RenaissanceAndAction 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. ARBITRATION RULES AND GOVERNING LAW.
The arbitration will be administered by the Canadian Arbitration Association in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "CAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The CAA Rules are available at www.adr.org/arb_med or by calling the CAA at 1-800-856-5154.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. ARBITRATION PROCESS.
Last Updated: Aug 07, 2017