Terms and Conditions
Terms and Conditions
ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE THOROUGHLY AND CAREFULLY BEFORE USING THE PACDEL APPLICATION OR THE SERVICES, AND BEFORE ESTABLISHING A USER ACCOUNT WITH PACDEL.
By using and accessing the Services, you agree to these Terms and confirm your agreement to enter into a contractual relationship with Pacdel. You hereby acknowledge and agree that Pacdel is relying on your having read, understood and agreeing to be bound by these Terms. If you do not agree to these Terms, you may not access and use the Services.
In order to access the Application and use or subscribe to the Services, you must be at least 18 years of age. If you are under the age of 18 or do not meet any other eligibility requirement set out herein or in any companion policy or document, you must immediately stop accessing, using, and subscribing to the Application. Your continued use of the Application and Services is your certification and acknowledgement that you meet all stated eligibility requirements and agree to these Terms.
USER ACCOUNTS AND MEMBERSHIP
In order to access and use the Services, you are required to create a user account which must be in your full, legal name and include certain other information about you including, but not necessarily limited to, your Facebook.com account information, your Google.com account information, your Apple.com account information, your mobile phone number, and your current mailing address. All information provided by you must be complete and accurate. You are prohibited from creating an account for anyone other than yourself and you are only permitted to have a single account. You may not authorize third parties to use your account, and you may not otherwise transfer or assign your account to any other person or entity. It is your responsibility to maintain the security and confidentiality of your account information, and for all information and content made available through and in connection with your account. You hereby agree to notify Pacdel immediately of any unauthorized use of your account. You hereby expressly acknowledge that your name and personal information that you submit to Pacdel may be made available to the public and to other users of the Services, and you expressly give your consent for this. Pacdel will use a peer-to-peer verification system to verify the identity of its users. Pacdel users will verify the identity of each other when they physically meet each other for pick-up or delivery and each may notify Pacdel of this verification. Profile information must exactly match the government-issued photo identification and your credit card details. Pacdel will also use micro authorization with your credit card company to verify the identity of its users. In the event that any user’s profile information does not match with said user’s government-issued identification and/or user’s credit card details, Pacdel reserves the right to block such user account and terminate any pending Services.
Pacdel may, from time-to-time and in its sole discretion, permit users to upload or submit information (“User-Submitted Content”). By uploading or submitting this User-Submitted Content, you agree and acknowledge you assume all responsibility, risks and liabilities associated with and related to your User-Submitted Content. You further represent and warrant that you are the sole and exclusive owner of all User-Submitted Content or that you have all necessary rights or licenses to upload or submit such User-Submitted Content. You understand and agree that once User-Submitted Content is published it may not be able to be permanently removed. You understand and acknowledge that providing any User-Submitted Content which (i) is offensive, defamatory, abusive, libelous, inaccurate, unlawful, threatening, obscene, vulgar or misleading; or which discloses any private or confidential information; or (ii) discloses any proprietary or intellectual property right; or (iii) which exploits or which may lead to the harm of a minor, may expose you to liability for legal claims and potential damages, and is expressly prohibited. By accessing, using or subscribing to the Services, you agree that it is your responsibility to evaluate the risks associated with User-Submitted Content uploaded or submitted by you. User-Submitted Content does not reflect the views or opinions of Pacdel, its directors, officers, owners, employees or agents. Pacdel reserves the right, but is not obligated, to review, monitor or remove User-Submitted Content at its sole discretion.
You hereby agree and acknowledge that the Application and the Services are intended to be a passive channel for the publication and distribution of User-Submitted Content, and that Pacdel does not control nor is it responsible in any way for the Content. You acknowledge that Pacdel makes and has made no representations as to the accuracy, integrity, quality or appropriateness of any User-Submitted Content published on the Application, nor does Pacdel have any obligation to review, screen, monitor, approve, or maintain any User-Submitted Content.
You hereby release Pacdel from any and all claims or liability related to any User-Submitted Content and waive any rights of claim or action against Pacdel in relation to your access to, use of, or subscription to the Services or User-Submitted Content.
By uploading or submitting User-Submitted Content to Pacdel, you acknowledge its intended use and publication on the Application and through the Services, and correspondingly, you hereby irrevocably grant to Pacdel the continuous, non-exclusive, royalty-free right to use your User-Submitted Content for any purpose whatsoever and in any format. These rights shall be assignable, transferable, and licensable by Pacdel.
If you feel that any User-Submitted Content violates these Terms or is otherwise unlawful, you may advise Pacdel through our website at https://pacdel.co/contact.html
INSPECTION AND LEGALITY
You hereby acknowledge and agree that Pacdel, its directors, officers, owners, employees, agents, subsidiaries, affiliates, any related entities and any of its couriers (in this Section 4, “Agents”) reserve the right, but are not obligated, to inspect any package sent through the Application or by way of Pacdel’s Services. Items that have been deemed unlawful to pass through or remain in either of the pick-up or delivery countries (“Illegal Items”) are strictly prohibited from use with the Services. In the event that Illegal Items are used with the Services, Agents shall not assume any liability. Agents shall comply with these Terms at all times.
Pacdel collects and maintains the personal information provided at the time you establish your membership account for the Application and Services and any updates thereafter. You expressly agree and acknowledge that your full name and contact information that you provide as part of your account membership may be published by Pacdel as part of the Services. You acknowledge further that this publication and disclosures by Pacdel of your personal information is an integral aspect of the functionality of the Application and Services.
OWNERSHIP OF APPLICATION AND SERVICE MATERIAL
The Application, the Services and all rights therein are and shall remain the property of Pacdel. All copyright, trademarks, service marks, trade-names, and other intellectual and proprietary rights associated with Pacdel’s Application and Services are owned by Pacdel, and includes but is not limited to graphical user interfaces, logos, images, slogans, taglines, site designs, web designs, mobile application designs, non-user-generated content, our organization and presentation of User-Submitted Content, computer code, formats and systems, and all other aspects of the Application and Services (collectively, the “Site Material”), and specifically excludes User-Submitted Content. You hereby acknowledge and agree that you are prohibited from making any copies or modifications to any Site Material and from distributing or exploiting any Site Material, in whole or in part, other than as may be expressly provided for herein.
You acknowledge that Pacdel has no control over and no duty to take any action regarding the User-Submitted Content regarding you, or what effects the User-Submitted Content may have on you, or how you or anyone else may interpret the User-Submitted Content, or what actions you may decide to take as a result of the User-Submitted Content. Pacdel hereby disclaims any and all liability to you for any loss or liability relating to the Application, the Services, and the User-Submitted Content. Under no circumstances will Pacdel be liable in any way for any User-Submitted Content, including, but not limited to, any User-Submitted Content that contains errors, defamatory statements, or confidential or private information, or for any loss or damage of any kind incurred as a result of the use, publication or disclosure of any User-Submitted Content submitted, accessed, transmitted or otherwise conveyed by way of the Application or the Services. You waive the right to bring or assert any claim against Pacdel relating to User-Submitted Content, and release Pacdel from any and all liability for or relating to any User-Submitted Content.
THESE TERMS AND FOREGOING LIABILITY DISCLAIMER DO NOT PURPORT TO AFFECT, ALTER OR LIMIT ANY OF YOUR LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You hereby agree to indemnify, defend and hold harmless Pacdel, its directors, officers, owners, employees, agents, subsidiaries, affiliates and any related entities from and against any and all claims, demands or actions, including costs, liabilities and legal fees on a solicitor and own client basis, arising out of or relating in any way to (i) your access to, use of or subscription to the Services, (ii) goods or services obtained through your use of the Services (iii) your breach or violation of these Terms, (iv) any User-Submitted Content provided by you, and (v) any violation of rights or harm caused to any other person or persons.
YOUR ACCESS TO AND USE OF THE APPLICATION AND SERVICES IS AT YOUR OWN RISK. THE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. ANY AND ALL WARRANTIES OF ACCURACY, RELIABILITY, QUALITY, TIMELINESS, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES RECEIVED THROUGH THE APPLICATION ARE SPECIFICALLY DISCLAIMED. ALL RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND THE SERVICES REMAINS SOLELY WITH YOU TO THE GREATEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS PACDEL'S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE APPLICATION, THE SERVICES AND THE USER-SUBMITTED CONTENT. IF YOU DO NOT UNDERSTAND ANY PORTION OF THIS SECTION OR ELSEWHERE IN THESE TERMS, PLEASE CONSULT AN APPROPRIATE AUTHORITY FOR CLARIFICATION BEFORE ACCESSING, USING, OR SUBSCRIBING TO THE APPLICATION OR THE SERVICES.
TO THE EXTENT PERMITTED UNDER LAW, NEITHER PACDEL NOR ITS DIRECTORS, OFFICERS, OWNERS, AFFILIATES OR EMPLOYEES SHALL BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF OPPORTUNITIES, REPUTATION, EMPLOYMENT, PROFITS OR REVENUES, RELATED TO THE SERVICES INCLUDING BUT LIMITED TO CLAIMS OR DAMAGES RELATED TO OFFENSIVE OR DEFAMATORY STATEMENTS, INACCURATE USER-SUBMITTED CONTENT, OR LOSS, USE OR CHANGES TO YOUR PERSONAL INFORMATION OR USER-SUBMITTED CONTENT, OR FOR ANY LOSS RESULTING FROM USE, PUBLICATION OR DISCLOSURE OF USER-SUBMITTED CONTENT OR IN CONNECTION WITH THE APPLICATION AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES. THIS LIMITATION OF LIABILITY IS PART OF THE AGREEMENT BETWEEN YOU AND PACDEL AND SHALL APPLY TO ALL CLAIMS OF LIABILITY SUCH AS BUT NOT LIMITED TO WARRANTY, TORT, NEGLIGENCE AND CONTRACT, AND EVEN IF PACDEL HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
IF PACDEL OR ANY OF ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES OR AFFILIATES ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE APPLICATION OR THE SERVICES, OR IN RELATION TO THE USER-SUBMITTED CONTENT, THEN SUCH LIABILITY WILL IN NO EVENT EXCEED ONE-HUNDRED US DOLLARS (USD $100.00). THIS LIMITATION OF LIABILITY REFLECTS A PROPER ALLOCATION OF RISK AS BETWEEN YOU AND PACDEL, AND BY YOUR USE OF THE APPLICATION AND THE SERVICES YOU SPECIFICALLY ACKNOWLEDGE THIS ALLOCATION, LIMITATION AND YOUR AGREEMENT. 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. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF PACDEL'S SUCCESSORS AND ASSIGNS.
In no event shall you seek or be entitled to injunctive or other equitable relief. Under no circumstances shall you enjoin or block the operation of the Application or the Services, legally or otherwise.
You may deactivate your account at any time and for any reason by logging into the Application and going into your profile settings and choosing “Deactivate Account”. Pacdel may deactivate your account and prevent your access to, use of, or subscription to the Application at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Notwithstanding any termination of your account, by either party and for any reason, except as Pacdel may decide in its sole and unfettered discretion, the following shall survive: (i) other users' rights to further share your previously created User-Submitted Content through the Application and (ii) sections 7 and 11 of these Terms.
All payments are to be made in US Dollars (USD). Currency conversion rates are as per PayPal, Wise, Stripe, Azimo or Xoom, as applicable.
Pricing for Services include a service fee, the courier’s fee, a Pacdel charge, and shall be subject to any applicable government sales tax pursuant to the area of pick-up or delivery, as the case may be. You hereby acknowledge and accept that pricing for Services is subject to change, and availability and fees may be affected by seasonality and demand. At the time of pick-up, a hold will be placed on a courier’s credit card for the price equal to the item that the courier is delivering or otherwise transporting. Upon a successful delivery of item, the hold will be removed from the courier’s credit card.
As is required by local customs law, couriers may be required to declare items of a certain value, and in such a case, you hereby agree that said courier will have full authority to make such declaration and shall be prepaid by you for the full charge of any duty placed upon an item at customs at the time of the declaration. If any item has been confiscated by customs, couriers must provide a valid customs receipt in order to receive payment.
Couriers are to be paid upon proof of delivery (the “Payout”). The Payout to the courier will be made by Wise, Stripe, PayPal, Xoom, Azimo or bank-to-bank transfer as applicable, in accordance with the courier’s country of residence. You hereby acknowledge that the Payouts are not automatic and will be made through the courier’s request by way of the Application. The minimum amount for a request for Payout shall be fifty US dollars ($50 USD). While Pacdel reserves the right to vary Payout timing, please note that all Payouts made to Pakistani residents will take a minimum of one (1) week. All other Payouts are expected to take place within three (3) business days but are not guaranteed to take place by that time. For any couriers receiving Payouts, you hereby expressly agree to provide the required banking information for such Payouts.
By your access to, use of and subscription to the Application and the Services, and your submission of or access to any User-Submitted Content, you agree that you shall not use the Application or the Services for any purpose that is prohibited by these Terms, is unlawful or is otherwise for any other purpose which is not reasonably intended by Pacdel. You hereby acknowledge and agree that you shall not (which list is not exhaustive):
- make statements on the Application or upload any User-Submitted Content which is defamatory, libelous, harassing, abusive, threatening or which otherwise infringes on the rights of others, or which is unlawful, fraudulent, obscene or otherwise objectionable;
- make statements on the Application or upload any User-Submitted Content which does or may harm minors, or which violates child pornography laws or child sexual exploitation laws;
- send electronic messages from or through the Application which violates any Canadian anti-spam legislation or similar law;
- create a membership account in other than your own name and using your own personal information, or falsely state your identity;
- transmit any software or similar data or information which contains any viruses, Trojan horses, defects, or other items of a destructive nature, regardless of whether such transmission inhibits or restricts users of the Application or the Services, and regardless of whether such transmission inhibits the performance of the Application or the Services; or
- access or use (or attempt to access or use) another user's membership account.
Due to certain restrictions implemented by the Government of Canada and outside of Pacdel’s control and jurisdiction, you may not use (or attempt to use) the Application or the Services to ship, receive, deliver or otherwise transport goods, services or products of any nature whatsoever to or from Central African Republic, Democratic Republic of the Congo, Eritrea, Iran, Iraq, Lebanon, Libya, Mali, Myanmar, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Tunisia, Ukraine, Venezuela, Yemen, or Zimbabwe to or from Canada.
Due to certain restrictions implemented by the Federal Government of the United States and outside of Pacdel’s control and jurisdiction, you may not use (or attempt to use) the Application or the Services to ship, receive, deliver or otherwise transport goods, services or products of any nature whatsoever to or from Cuba, Iran, North Korea, Syria, or Sudan to or from the United States of America.
The availability of the Services to, from, or in any country may be removed at any time without notice based on events and circumstances beyond Pacdel’s control and jurisdiction, and also in Pacdel’s sole and exclusive discretion.
CHANGE TO TERMS
You agree that Pacdel may establish general practices, policies and limits, which may or may not be published, concerning the use of the Application and the Services, including without limitation, the maximum duration for which you may access the Application and the Services in a given period of time. You agree that Pacdel has no responsibility or liability for the deletion or failure to store any User-Submitted Content or other materials maintained or transmitted by or through the Application. You agree that Pacdel has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Pacdel may amend or revise, from time-to-time and in its sole discretion, these Terms. Amendments and revisions shall be effective upon Pacdel’s uploading of such updated Terms at https://pacdel.co or on any Application. Your continued access, use, or subscription to the Application and the Services after such uploading constitutes your consent to be bound by the updated Terms.
You hereby agree that these Terms constitute the entire agreement as between you and Pacdel regarding the access, use, and subscription to any Application and the Services. These Terms expressly supersede any prior agreements, arrangements, or understandings between you and Pacdel.
If any provision of these Terms is held to be illegal, invalid or unenforceable under any applicable law, in whole or in part, Pacdel agrees to replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable which shall have a similar effect to the previous provision to align with the intention of these Terms.
To the extent that such provision or part thereof cannot be made legal, valid and enforceable, such provision or part thereof shall be removed from these Terms but the legality, validity and enforceability of the rest of these Terms shall remain unaffected.
If any dispute, conflict, or claim arises out of or in relation to the Services or these Terms (any “Dispute”), including any Dispute regarding validity, construction, or enforceability, the parties agree that such Dispute shall be conclusively settled by a single arbitrator chosen by Pacdel in its sole and exclusive discretion, and otherwise in accordance with the provisions of the Arbitration Act (Alberta). The parties agree that any arbitration proceedings shall take place in Calgary, Alberta, Canada. Any judgment, decision, or award rendered by any arbitrator pursuant to this section shall not be the subject of any further court proceedings except in connection with the enforcement of any such award by an Alberta court, and shall not be disclosed to third parties unless so required by law for enforcement or other purposes. The costs of arbitration, including legal fees and disbursements of the parties, shall be awarded by the arbitrator in the manner which the arbitrator considers appropriate under the circumstances.
The Application and Services are owned and operated by Pacdel, an Alberta, Canada corporation, and is governed by and operated in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. These Terms, your use of the Application and the Services, and your relationship with Pacdel shall be governed by the laws of the Province of Alberta, regardless of the geographic location where any action is commenced, where the alleged breach or violation occurred, or wherever you access, use or subscribe to the Application or the Services. You hereby specifically attorn to the exclusive jurisdiction of the courts of the Province of Alberta, and waive any defense of forum non conveniens to a claim brought in such court. If you are located outside of Canada, you use the Application and the Services at your own risk and you are responsible for compliance with any applicable local and national laws.