Privacy Policy

&

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms and Conditions govern and apply to your use of or reliance upon this MOBILE APPLICATION maintained by Commerce Softwareness Inc. (the "APP").

Your access or use of the APP indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the APP. Your continued use of the APP will be considered your acceptance to the revised Terms and Conditions. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

1. THE SERVICES

The Services constitute a technology platform that enables users of Ooloo’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule a delivery services for an upfront price, subject to acceptance by the respective Third Party (“Services”) with independent third party providers of such services, including independent third party delivery services providers and independent third party logistics providers under agreement with Ooloo or certain of Ooloo’s affiliates (“Third Party Providers”). Unless otherwise agreed by Ooloo in a separate written agreement with you, the Services are made available solely for your personal, noncommercial (and commercial) use. YOU ACKNOWLEDGE THAT OOLOO DOES NOT PROVIDE DELIVERY SERVICES AND THAT ALL SUCH DELIVERY SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY OOLOO OR ANY OF ITS AFFILIATES.

1.1 LICENSE

Subject to your compliance with these Terms, Ooloo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial (and commercial) use. Any rights not expressly granted herein are reserved by Ooloo and Ooloo’s licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Ooloo; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services.

You acknowledge that portions of the Services may be made available under Ooloo’s various brands or request options associated with logistics. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Ooloo’s subsidiaries and affiliates; or (ii) independent Third Party Providers.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Ooloo does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Ooloo does not endorse such third party services and content and in no event shall Ooloo be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership.

The Services and all rights therein are and shall remain Ooloo’s property or the property of Ooloo’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Ooloo’s company names, logos, product and service names, trademarks or services marks or those of Ooloo’s licensors.

2. ACCESS AND USE OF THE SERVICES

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Ooloo certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Ooloo’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Ooloo in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. 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 Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to use the Services, and you agree that you may be denied to use of the Services if you refuse to provide proof of identity.

3. INTELLECTUAL PROPERTY

All intellectual property on the APP is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the APP , including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Commerce Softwareness Inc. ( The “Company”); All rights reserved.

4. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the APP including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the APP or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this APP and the services offered on the APP. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.

5. ACCOUNT AND ACCOUNT USE

If your use of the APP requires an account identifying you as a user of the APP (an "Account"):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

6. DATA COLLECTIONS AND USES

This app collects backgroud location data to track drivers current location even when the app is closed or not in use when driver starts pickup/delivery of parcel. We collect precise or approximate location data from delivery driver mobile devices if they enable us to do so. ooloo collects this data from the time a pickup or delivery is finished.

7. PAYMENT

When you make a purchase on the APP, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

8. ACCEPTABLE USE

You agree not to use the APP for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the APP in any way that could damage the APP, the services or the general business of Fermos Manufacturing Inc.

You further agree not to use and/or access the APP:
a. impersonate any person or entity;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, rule, permit, ordinance or regulation;
d. interfere with or disrupt the Ooloo Platform or the servers or networks connected to the Ooloo Platform;
e. post Information or interact on the Ooloo Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
f. use the Ooloo Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Ooloo Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Ooloo Platform;
i. “frame” or “mirror” any part of the Ooloo Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Ooloo Platform;
k. rent, lease, lend, sell, redistribute, license or sublicense the Ooloo Platform or access to any portion of the Ooloo Platform;
l. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Ooloo Platform or its contents;
m. link directly or indirectly to any other web sites;
n. transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
o. cause any third party to engage in the restricted activities above.

9. PROTECTION OF PRIVACY

Through your use of the APP, you may provide us with certain information. By using the APP, you authorize us to use your information in Canada and any other country where we may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our APP, we may also receive information from external applications you use to access our APP, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our APP, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.

If you choose to terminate your account, we will store information about you for the following period of time: 5 years. After that time, all information about you will be deleted.

10. DATA LOSS

We are not responsible for the security of your Account or Content. Your use of the APP is at your own risk.

11. INDEMNIFICATION

You defend and indemnify Commerce Softwareness Inc. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the APP, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.

12. SPAM POLICY

You are strictly prohibited from using the APP or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

13. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our APP.

14. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.

15. SERVICE INTERRUPTIONS

We may need to interrupt your access to the APP to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the APP may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.

16. TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the APP, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the APP or our or any third party's equipment or network is impaired by your use of the APP, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the APP, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services of any suspension, restriction or termination of your access to the APP.

17. NO WARRANTIES

Your use of the APP is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the APP will meet your needs or that the APP will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the APP or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the APP is your sole responsibility and we are not liable for any such damage or loss.

18. PRIVACY

Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this APP are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.

19. DISCLAIMER LIMITATION ON LIABILITY

DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OOLOO 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, OOLOO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OOLOO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
OOLOO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST OF GOODS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF OOLOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OOLOO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF OOLOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OOLOO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OOLOO’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY LOGISTIC SERVICES PROVIDERS PROVIDING DELIVERY SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL OOLOO’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED DOLLARS ($500).
OOLOO’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE DELIVERY SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT OOLOO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY DELIVERY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 20 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

20. DRIVER REPRESENTATIONS, WARRANTIES AND AGREEMENTS

As a Driver on our Platform, you represent, warrant, and agree that:
You possess a valid driver’s license and have all appropriate licenses, approvals and authority to provide delivery services to Ooloo’s users.
You own, or have the legal right to operate, the vehicle you use when providing Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
You will not engage in reckless behavior while driving, drive unsafely, and operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services.
You will only provide Services using the vehicle that has been reported to, and approved by Ooloo, and for which a photograph has been provided to Ooloo.
You will not, while providing the Services, demand that a User pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud Ooloo or any Users on the Ooloo Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the delivery in question and take any other action against you available under the law..
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) to provide Delivery Services.
You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

21. GOVERNING LAW

This Agreement is governed, interpreted and supervised by the laws applicable in the Province of Quebec and all litigious matters that may arise from it are to be decided by the judiciary of Montreal City, Province of Quebec.

22. OTHERS PROVISIONS

In the case where one of the preceding provisions is declared invalid, the remaining provisions will continue to be valid and hold their full effect. The user recognizes having read this Agreement and agrees to all the provisions contained therein.

23. DRIVER TERRITORY

Drivers are strictly prohibited to drive for ooloo outside of the territory that is designated or allowed to them by ooloo. If a driver is found driving outside of the designated or allowed territory under any circumstances, ooloo will cancel their membership. Furthermore, ooloo will not be responsible for anything that transpires due to an error, misconduct of any kind, criminal act, or accident and any repercussions will be the soul responsibility of the driver.