Our Term & Condition

Buzztrac Terms and Conditions

A.        GENERAL TERMS

1.     Acceptance of Buzztrac Terms and Conditions

These terms and conditions of use for www.buzztrac.com (the “Site”) and the Buzztrac mobile application (the “Mobile Application”, and together with the Site, the “Application”), constitute a legal agreement and are entered into by and between you (“you”) and Buzztrac Inc. (“Buzztrac”, “we”, “us”, “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use of, including any content, functionality, and services offered on or through the Application (the “Services”). These Terms and Conditions contain provisions that limit the liability of Buzztrac.

By downloading, installing, accessing or otherwise using the application or the services, you accept and agree to be bound by these terms and conditions.  If you do not agree, you should not download, install, access or otherwise use the application or the services.  If you have installed the application and do not agree to these terms and conditions, then you must uninstall the application and cease using the services immediately.

2.              Terms and Conditions are Subject to Change

We reserve the right in our sole discretion to revise and update these Terms and Conditions at any time and from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Application and the Services. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of any such modifications. 

The Application, the Services, and the information and material on the Application may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Application or the Services is restricted to users or unavailable at any time or for any period.

3.              The Services

The Services enable users, through the Application, to arrange and schedule delivery of Parcels (as defined in Part B hereof) utilizing the transportation services of independent third party service providers (“Third Party Providers”) under contract with Buzztrac or its affiliates. In utilizing the Services, you acknowledge that Buzztrac itself does not provide transportation services and that all such transportation services are provided by Third Party Providers who are not employees of Buzztrac or any of its affiliates. 

4.              Your Use of the Services and the Application

In order to use most aspects of the Services and the Application, you must register for a user account (“User Account”). You are permitted only one User Account, unless otherwise authorized by us in writing. You are responsible for all activity which occurs using your Account. You must be at least 18 years of age to register for a User Account [NTD: Any other requirements to register?]. Registration for an Account requires the submission of certain personal information, including your name, age, mobile phone number, address, and valid payment method [NTD: Any other minimum information that must be submitted to create an account?]. You agree to maintain up-to-date, accurate and complete personal information in your User Account, failing which you may be unable to utilize the Services and your Account may be terminated by Buzztrac. 

5.              Buzztrac Communications

By creating an Buzztrac user account, you agree to accept and receive communications from Buzztrac and from Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Buzztrac. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of Buzztrac, its affiliated companies and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Application. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in your account settings. You may also opt-out of receiving text messages from Buzztrac by replying “STOP” from the mobile device receiving the messages.

6.              Intellectual Property Rights and Ownership

You understand and agree that the Application and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Buzztrac, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.  Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Subject to your compliance with these Terms and Conditions, Buzztrac grants you a non-exclusive, revocable licence to install and use the Application on your computer or mobile device. Except as expressly provided in these Terms and Conditions, no licence to use, copy, distribute, republish, transmit or otherwise exploit the Application or any content of the Application or the Services is given to you, and all intellectual property rights in and to the Application and content of the Application and the Services are expressly reserved to Buzztrac. You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Application.  You acknowledge and agree that the Application and the Services are for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Application. You agree to be fully liable for any unauthorized access to or use of the Application or the Services using your User Account.

7.              No Obligation to Continue or Maintain Services

Buzztrac is entitled to modify or discontinue any of the services, offerings, features and information provided by or through its Application at any time and without notice to you, even in instances where such changes prevent you from using or accessing information previously generated, saved or submitted by you through the Application.

8.              Voluntary Use

Your use of the Application and the Services is always voluntary. After you register as a Buzztrac user, you are always free to choose not to answer any non-required questions on the Application and are free to discontinue use of the Application or the Services at any time.

9.              Conditions of Use of Application and Services

As a condition of your access and use, you agree that you may use the Application only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Application, to other users or other persons (collectively, “User Submissions”). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Application and any User Submissions shall not:

a.              In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at [INSERT AS LINK TO PRIVACY POLICY].

b.              In any manner violate the terms of use of any third-party website that is linked to the Application, including but not limited to, any third-party social media website.

c.              Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Buzztrac’s sole discretion.

d.              Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.

e.              Involve, provide or contribute any false, inaccurate or misleading information.

f.               Impersonate or attempt to impersonate Buzztrac, a Buzztrac employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

g.              Transmit, or procure the sending of, any advertisements or promotions (without our prior written consent), sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

h.              Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Buzztrac or users of the Application or expose them to liability.

i.               Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

j.               Promote any illegal activity, or advocate, promote, or assist any unlawful act.

k.              Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

You understand and agree that you, not Buzztrac, nor Buzztrac’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Application.

You are prohibited from attempting to circumvent and from violating the security of the Application, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Application owner’s ability to monitor the Application; (f) using any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Application via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Application.

10.           Privacy

By submitting your personal information and using the Application, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such information consistent with our Privacy Policy, found at [INSERT LINK TO PRIVACY POLICY].

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Application.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Application. Users are required to ensure that all persons who access the Application through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Application, including content or areas of the Application, may require user registration. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Application or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

By using the Application, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Application may not function adequately.

11.           Third Party Websites

For your convenience, the Application may provide links or pointers to third party sites. Buzztrac makes no representations about any other websites that may be accessed from the Application. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites. Buzztrac shall have no liability for any loss or damage arising from your use of any such linked websites or applications.

12.           Termination of Access to Application

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

13.           Application and Services Provided As-Is; Disclaimer of Warranties

The application is provided on an “as is” and “as available” basis. Buzztrac disclaims all representations, conditions, and warranties, express, legal, implied, or statutory, including, but not limited to, the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, and non-infringement. In addition, buzztrac makes no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the application or the services, any services provided by third party providers, or that the application or the services will be uninterrupted or free from errors, defects, computer viruses or other malware. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

You understand and agree that your use of the application and the services, including, but not limited to, services provided by third party providers and any parcel deliveries requested by you, is entirely at your own risk. You agree that buzztrac will not be responsible for any economic costs relating to your use of the services or application. The application and services are subject to periodic changes, which may be made at any time and without notice to you. Buzztrac is not liable for any damages based on or resulting from the modification, suspension, or discontinuation of the application or the services.

Although Buzztrac attempts to ensure the integrity and accuracy of the Application, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Application or Application content. It is possible that the Application could include typographical errors, inaccuracies or other errors.

Senders utilizing the services to ship parcels and third party providers providing services through the application are independent persons or organizations and not representatives, agents or employees of buzztrac. Buzztrac is therefore not liable for the acts, errors, omissions, representations, warranties, contractual breaches or negligence of any senders or third party providers or for any personal injury, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever for parcels shipped by senders using the services and for third party providers. If you have a dispute with one or more third party providers, you agree to release buzztrac (including buzztrac’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

14.           Limitation on Liability

Except where such exclusions are prohibited by law, under no circumstance will buzztrac nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the website, any linked websites or such other third-party websites, nor any website content, materials, posting or information thereon even if the party was allegedly advised or had reason to know.

15.           Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Buzztrac, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Application or the Services, including, but not limited to, your Delivery Requests, third-party sites, any use of the Application’s content, services, and products other than as expressly authorized in these Terms and Conditions.

16.           Arbitration

You agree that all disputes or disagreements between you and Buzztrac relating to these Terms and Conditions, the Services and/or the use of the Application in any way or to any related matter, will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 (Ontario).  Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow.  The arbitration will take place in the City of London, Ontario, Canada.  There will be no discovery.  The arbitrator will not limit, expand or modify the terms of these Terms and Conditions nor award damages in excess of compensatory damages permitted under these Terms and Conditions, and you waive any claim to such excess damages. The arbitrator will not have any ability to award any equitable remedies against Buzztrac.  The arbitrator will not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator will issue a written decision containing findings and conclusions on all significant issues.  Each party will bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration will be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.

17.           Miscellaneous

a.              Entire Agreement.  These Terms and Conditions, our Privacy Policy, and any documents incorporated by reference herein constitute the entire agreement between you and Buzztrac concerning the Application and the Services and your use thereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

b.              Governing Law and Jurisdiction.  The Application and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule, and notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of or relating to the Application and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada located in the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

c.              Waiver.  No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

d.              Severability.  If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. 

e.              Assignment.  You may not assign any of your rights, obligations or licenses under these Terms and Conditions, and any such attempt shall be void. Buzztrac may assign its rights, obligations and licenses under these Terms and Conditions without limitation.

B.        DELIVERY TERMS

18.           Definitions

“Delivery Request” means a request placed by a Sender using the Application to have a Parcel delivered to a Recipient, which contains all required information (meaning the Seller’s name, Pickup Location, Recipient’s Name, and Destination).

“Destination” means the location identified in a Delivery Request for the delivery of a Parcel to a Recipient.

“Driver” means the Third Party Provider who accepts a Delivery Request using the Application to make delivery a Parcel.

“Parcel” means any item or items in respect of which a Sender submits a Delivery Request.

“Pickup Location” means the location identified in a Delivery Request for the collection of a Parcel from a Sender.

“Recipient” means the person to whom a Parcel is to be delivered pursuant to a Delivery Request.

“Sender” means the Buzztrac user who places a Delivery Request using the Application.

19.           Placing Delivery Requests

Please refer to Package Delivery FAQ for more details.

You agree that neither Buzztrac nor the Third Party Provider will have any liability to you whatsoever in respect of Delivery Requests that are not confirmed or that are cancelled.

20.           Prohibited Items

Please refer to Prohibited Items List for more details

21.           Packaging

Packages must also follow the criteria below to be eligible for delivery on the platform:

- A combined maximum weight of 30 pounds

- Must fit comfortably in the trunk of a standard mid-size vehicle

- Should be closed, securely sealed, and ready for transport

22.           Pricing and Payment

Delivery prices listed on the Application are in Canadian dollars. Delivery prices may not include applicable tax, which may be added at checkout and will be payable by the Sender in addition to the delivery price.

23.           Refunds

You'll have the opportunity to rate each delivery experience so you can give specific feedback about each one. Your ratings are an important way for us to ensure that we partner with only the highest quality merchants.

If you believe the package you received was unacceptable, please share a few details about what was wrong so our team can help.

Please make sure to contact us within 48 hours in order for us to provide the best possible support experience. After this timeframe, we may be unable to provide a refund or other resolution. Buzztrac reserves the right to process or reject a claim for refund. 

24.           Vouchers

We offer special promotions to provide discounts on items.

When using a promo code, please keep the following in mind:

- Promos must be applied BEFORE placing your order, they can't be applied after placing an order

- You can select a preferred promo code to apply to a specific order, or none to save them for future orders.

- Some promos only apply to specific cities, states, countries, etc

- Promos can't be combined - only one promo code can be applied to an order and if it's for a specific amount, any unused about does not roll over to another order

- May only apply for certain user types for example, first time users

- Promo codes for drivers cannot be used by users and vice-versa. 

Please refer to Promo Codes FAQs for more information

25.           Timing and Manner of Delivery

Each Parcel shall be delivered to the Destination listed in the Delivery Request. A Parcel is deemed to have been delivered when the Driver confirms its delivery on the Application. The Sender will receive confirmation via the Application once delivery has been completed.

Buzztrac provides a same day delivery service, however neither Buzztrac or any of its delivery Driver guarantee a same day delivery owing to any unforeseen circumstances or uncontrollable factors. It such a case the Driver or a Buzztrac representative will contact you and inform about the situation and arrangements to return the parcel to the Sender will be made. There will be a $15 fee charged to you to return the parcel to you. 

HOW TO REQUEST A DELIVERY

1.     Enter the Package details like Item Type, weight and package size, add pictures (Optional) and any other instructions or details about the parcel that you may deem important

2.     Agree to the terms and conditions and tap “Continue”

3.     Enter the package destination in the "Where to?" section of your Buzztrac app and ensure the pickup location is correct. You won't be able to change the pickup or dropoff address after requesting the delivery.

4.     Review your delivery fee and payment method and tap "Next."

4. Agree to the package delivery Terms and Conditions, and confirm that your package doesn't contain any prohibited items.

5. Reply to the message you'll receive in the Uber app asking for the recipient's name and any special delivery instructions for your driver.

6. Meet the driver at the door or curbside depending on the pickup/delivery method selected and load the package into the vehicle.

7. Instruct the recipient to meet the driver at the door or curbside depending on the pickup/delivery method selected and retrieve the package from the driver's vehicle.

NOTE: The package recipient should be available to meet the driver at the door or curbside depending on the pickup/delivery method selected. If you need to ask the driver to leave the package at the recipient's door, you must include those instructions as part of the special delivery instructions or in a message to the driver within the app.

If your package was damaged during delivery and you would like to seek a refund of the delivery cost, you must submit a photo and description of the damage within three business days following the delivery date.

Uber does not maintain insurance for packages.

Please see the Terms and Conditions for full details. Violation of the Terms and Conditions may result in deactivation of your account without notice.

If for any reason the Recipient refuses to accept delivery of the Parcel, or If the person receiving the package wasn't available, or the address mentioned in there is incorrect, the driver may try to contact you in the app to resolve the issue or coordinate a return. You'll be responsible for costs associated with returning the package to you if necessary.

26.           Delays, Loss, Damages and Theft

Buzztrac will not be responsible for any delays, loss or damage in transit.  Please report any loss or damage within 3 days of the delivery. After which we will not be able to provide any support on the same. Buzztrac reserves the rights to process any refunds for any claims made due to loss, Damages or Theft of packages.

Buzztrac or any of its drivers are not responsible for Delay, Loss, Damages and Theft of packages or items in the Packages if they do not meet the specifications of Buzztrac. Pleaser refer to Package delivery FAQ for more information.

27.           Insurance

Buzztrac will be liable to a Maximum Liability for any parcel/s delivered using Buzztrac app will be insured by Buzztrac up to a maximum amount of $200. The Sender will be required to contact Buzztrac Customer Service via email and provide all the details with the necessary proof. A Buzztrac representative will look into the matter and contact you to process the claim within 5-7 working days. Buzztrac Reserves the right to process or reject a claim based on the information provided by the Sender.