TERMS OF USE

Contractual Relationship

These Terms of Use (“Terms”) govern your access or use, in Canada, of the applications, websites, content, products and services (the “Services”), as more fully defined below, made available in Canada by Deeleeo Inc. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DEELEEO INC.

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By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you, if any. Deeleeo Inc. 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.

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IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH DEELEEO INC. ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

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Deeleeo Inc. may amend the Terms from time to time. Amendments will be effective upon Deeleeo Inc.’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Deeleeo Inc. changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Deeleeo Inc. written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above.  This written notice must be provided either (a) by mail or hand delivered to our registered Support Service for processing, being 10008 6 Ave SW, Edmonton, Alberta T6X 0S8, or (b) by email from the email address associated with your Account to Deeleeo Inc.  To be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

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Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Deeleeo Inc. on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any civil action against Deeleeo Inc., as either a personal action or as a part of a class.

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Agreement to Binding Arbitration Between You and Deeleeo Inc.

You and Deeleeo Inc. agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Deeleeo Inc., and not in a court of law.

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Unless both you and Deeleeo Inc. otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. Provided however, you and Deeleeo Inc. each retain the right to bring an individual action in 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.

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Rules and Governing Law

The arbitration will be administered by the Canadian Arbitration Association (“CAA”) in accordance with the CAA’s Arbitration Rules (the “CAA Rules”) then in effect, except as modified by this Arbitration Agreement.

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The parties agree that the arbitrator (“Arbitrator”) shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.  The Arbitrator shall also be responsible for determining all threshold arbitrable issues.

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Process

A party who desires to initiate arbitration must provide the other party with a written Notice of Arbitration as specified in the CAA Rules. The Arbitrator will be appointed in accordance with the CAA Rules.

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Location and Procedure

Unless you and Deeleeo Inc. otherwise agree, the arbitration will be conducted in the jurisdiction where you reside. If your claim does not exceed $10,000.00, then the arbitration will be conducted solely based on documents you and Deeleeo Inc. submit to the Arbitrator, unless you request a hearing, or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000.00, your right to a hearing will be determined by the CAA Rules. Subject to the CAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

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Arbitrator’s Decision

The Arbitrator will render an award within the time frame specified in the CAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.

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Fees

Your responsibility to pay any Arbitrator fees will be solely as set forth in the CAA Rules, or as otherwise agreed between yourself and Deeleeo Inc., or as directed by the Arbitrator.

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The Services

The Services include mobile applications, a website, related services, and website integrations that enable Customers (each referred to as a “Customer”) to arrange and schedule the delivery of goods and transportation of vehicles (each referred to as a “Deeleeo”) by a third-party provider (each referred to as a “Delivery Agent”) from a pickup location to a drop-off location.

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A Customer may initiate a Deeleeo through Deeleeo’s Platform (Mobile App, Web App, eCommerce plug-in/app, CSV file upload, or API integration). Through the Deeleeo Platform, the Customer requests the delivery or valet of a Deeleeo, and a qualified, certified, and insured Delivery Agent can accept responsibility for the Deeleeo. As a Customer, you acknowledge that the Delivery Agent selected through the Deeleeo Platform is fully responsible for your Deeleeo and for delivering it to the drop-off location. Additionally, you understand that the Delivery Agent may utilize all the features within the Deeleeo Agent mobile application provided by Deeleeo Inc. to facilitate a successful delivery and/or valet.

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The Customer acknowledges that using the Deeleeo Platform may incur fees for the requested services, including applicable taxes and related charges (collectively referred to as “Fees”). You agree to pay all Fees associated with your account. Deeleeo Inc. will charge your credit card or other payment methods linked to your account in full for the Fees when they become due. Refunds, if applicable, will be issued as dollar credits to your Deeleeo account. When a Customer submits a delivery or valet request (each referred to as a “Deeleeo”) through the Deeleeo Platform, the related Fees become due and payable upon completion. Credits will be applied towards future Deeleeo transactions.

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You as the “Customer” or “User” agree to the following terms unless otherwise stated and agreed to within a separate document:

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1. Package & Vehicle Information
   1. Only properly prepared packages and legally drivable vehicles will be accepted by our delivery agents.
   2. Packages that are open, broken, damaged, leaking, unsafe, or unable to withstand delivery may be refused. Vehicles that are not safe to drive may be refused at pickup. 
   3. The Customer agrees to accurately select the size/weight category based on the package dimensions and weight during the Deeleeo order submission, unless otherwise specified in a Deeleeo Partnership Agreement. Customer agrees to input the information about the vehicle accurately. 

2. Package Size/Weight Categories
   1. Small-Light: Largest dimension ≤ 20 in (50 cm), weight ≤ 25 lbs (11 kg).
   2. Small-Heavy: Largest dimension ≤ 20 in (50 cm), weight 25-50 lbs (11-22.6 kg). Max weight 50 lbs (22.6 kg).
   3. Medium-Light: Largest dimension 20-48 in (50-122 cm), weight ≤ 25 lbs (11 kg).
   4. Medium-Heavy: Largest dimension 20-48 in (50-122 cm), weight 25-50 lbs (11-22.6 kg). Max weight 50 lbs (22.6 kg).
   5. Large-Light: Largest dimension 48-96 in (122-243 cm), weight ≤ 25 lbs (11 kg).
   6. Large-Heavy: Largest dimension 48-96 in (122-243 cm), weight 25-1000 lbs (11-455 kg). Max capacity 1000 lbs; additional capacity available upon request. Packages ≥ 60 lbs (27.2 kg) default to “Large-Heavy.”

• The maximum package dimensions accepted are 96 x 48 x 36 in. Additional capacity available upon request.
• If an incorrect Size/Weight Category is selected, Deeleeo may adjust it and charge an administrative fee (minimum $25).

3. Delivery & Valet Fees
   1. Fees are exclusive of local or federal taxes (GST/PST/HST). Customers must pay the total billable amount.

Delivery & Valet Locations

1. Governed by Deeleeo service locations or as specified in a Deeleeo Partnership Agreement.

5. Other Charges and Fees
   1. Deeleeo Requirements:
      1. The Customer is responsible for ensuring that all correct and up-to-date information required for successful delivery or valet is included in the Deeleeo orders when submitting a delivery request. Any mistakes may result in additional fees.
   2. Deeleeo Pickup & Drop-off:
      1. The Customer agrees that Deeleeos will be available for pickup by Deeleeo at the beginning of the specified pickup time(s) and location.
      2. If submitted Deeleeos are not ready for pickup at the specified time (+/- 15 mins, unless otherwise notified), the Customer may incur a minimum fee of $25 or more for each delivery agent affected by the delay.
      3. If the wait time exceeds 1 hour, Deeleeos may be canceled or rescheduled. The Customer agrees to pay a minimum fee of $5 or 25% of the Deeleeo fee (whichever is larger) for each Deeleeo that is rescheduled or canceled, in addition to the original Deeleeo fee. If the wait time exceeds 1 hour, a minimum fee of $25/hour per affected delivery agent will also apply.
      4. If Deeleeos are canceled upon pickup (while the delivery agent is on-site), the Customer will be charged the full original delivery fee for each canceled package and may also incur a cancellation fee of $5 or 25% of the Deeleeo fee (whichever is larger).
      5. The Customer can utilize drop-off times and options as specified within the Deeleeo platform, unless otherwise specified in a Deeleeo Partnership Agreement.
      6. Specifying delivery window times in the notes section of a submitted order (that do not match the selected pickup or drop-off timeframes) does not guarantee delivery within those times. Delivery will occur according to the timeframes selected from the platform.
      7. Additional charges may apply for special timing requests made after the Deeleeo order has been submitted or if such requests are incorrectly specified in the notes section, provided that Deeleeo successfully delivers the package(s) or vehicle(s) within the requested time frame.
   3. Cancellation Fees & Add-On Costs:
      1. Deeleeos canceled after 'acceptance' or 'assignment' to a delivery agent and within 2 hours of the pickup time may incur a minimum fee of $5 or 50% of the Deeleeo fee (whichever is larger) for each Deeleeo.
      2. Cancellations made after 'acceptance' or 'assignment' and more than 2 hours from the pickup time but still on the same date may incur a minimum fee of $3 or 25% of the Deeleeo fee (whichever is larger) for each Deeleeo.
      3. Cancellations upon or after pickup will be charged the entirety of the original Deeleeo fee for each canceled package. An additional minimum fee of $5 or 50% of the Deeleeo fee (whichever is larger) may also apply if returning the package, along with any distance fee applicable per Deeleeo.
      4. Deeleeos with packages not ready or prepared within 15 minutes of the pickup time window may incur minimum charges of $5 or 50% of the Deeleeo fee (whichever is larger) in addition to the original Deeleeo fee.
      5. “Add-ons” are last-minute Deeleeo requests made outside our standard platform. The cost of “add-ons” may be double the originally agreed Deeleeo fee, plus any additional fees if the add-on(s) require our delivery agents to wait longer than 15 minutes.
      6. If an incorrect address is provided or requested to be changed, a minimum distance fee of $1.25/km per Deeleeo may apply, in addition to the original Deeleeo fee and cancellation fee.
      7. If the end recipient (not the user) requests an address change, Deeleeo must confirm permission from the user to adjust the address and apply additional charges accordingly. The recipient may be allowed to confirm the address change if they pay the address change fee upfront.
      8. If the Deeleeo was completed successfully to the incorrect address provided at the time of submission, the cost to redeliver from the incorrect to the correct address will incur the Deeleeo fee plus a minimum additional fee of $1.25/km for the distance between the two addresses.
      9. The Customer acknowledges and agrees that such fees listed above are a fair allocation of loss between the parties.
      10. If a vehicle is out of gas or electrical charge, and/or if the user requests that Deeleeo fill the vehicle with gas or recharge it, a minimum charge of $30 per hour, plus a minimum 30% surcharge on fuel or electrical recharge fees, will apply.
   4. Premium / Additional Fees
      1. Any Premium options selected on the Deeleeo portal while submitting a delivery or valet request will be displayed before final submission. All Premium and Additional fees (e.g., fragile care, extra packages, or urgent pickup requests) will be charged according to the options selected and reflected in the Deeleeo delivery or valet request.
      2. Deeleeo reserves the right to adjust applicable additional fees if any properties of the Deeleeo, including but not limited to Premium options and urgency of pickup, are not selected or are selected incorrectly during the submission process for a delivery or valet request.

6. Refunds
   1. No refunds for Deeleeo fees are available for any Deeleeo after pickup, unless the package(s) is stolen, lost, or damaged while in the possession of Deeleeo’s delivery agent.
   2. All refunds or reimbursements will be processed as credits toward your Deeleeo account and can be used for future Deeleeos.
   3. For situations where Deeleeo is at fault for items or vehicles being stolen, lost, or damaged, Deeleeo will reimburse the cost of the goods to the user, not the retail value of the item(s).

7. Package Insurance
   1. Deeleeo provides insurance coverage of up to $100 for the value of goods per delivery. The user acknowledges that if the goods are damaged or lost during the delivery process, Deeleeo is liable for reimbursement up to $100 (credited to the user’s Deeleeo account) per delivery, not per package.
   2. Users may have the option to purchase additional package coverage for each delivery. The cost of this coverage will be based on current economic conditions and will be presented to the user before confirming payment. The additional coverage will hold Deeleeo liable for the full value of the goods specified by the customer.

8. Payment Terms
   1. All amounts are payable in Canadian dollars.
   2. Payment will be processed immediately upon delivery or on a daily or weekly basis, depending on any other terms outlined in a Deeleeo Partnership Agreement.
   3. Credits may be applied to the account as applicable.
      1. Payment Types
         • Deeleeo accepts payments via all major credit cards (e.g., Visa, Mastercard, American Express). The Customer acknowledges and agrees to a 3% credit card processing fee for credit card payments.
         • There is no credit card fee when a user submits a Deeleeo via the Mobile App.
      2. Payment Defaults
         • If the Merchant fails to make payment when due, Deeleeo may suspend further services and recover all associated costs. Deeleeo reserves the right to enforce the terms of this Agreement.
         • Outstanding amounts on overdue invoices are subject to a 1% late payment charge (2% for accounts with monthly billing cycles), which will be included on a separate invoice from the outstanding balances.
      3. Fee Increases
         • Deeleeo reserves the right to increase Delivery Fees at any time based on market conditions and costs, including but not limited to local gas prices and inflation.

9. Returns
   1. Unsuccessful Deliveries or Valets:
      Unsuccessful deliveries or valets are defined as situations in which the delivery agent cannot reach the specified address due to factors beyond their control, including but not limited to:
      1. Road closures
      2. Building closures
      3. Acts of God
      4. Natural disasters
      5. Riots
      6. Strikes
      7. A recipient is unavailable to receive the package or vehicle when a signature is required (in-person drop-off), or it is unsafe for the delivery agent to leave the package at the drop-off location.
   2. Re-attempt Charges -> Deeleeo does not charge for re-attempting deliveries when:
      1. The delivery agent makes an error with the delivery address (i.e., the address was correctly provided by the Customer, but the agent made a mistake).
      2. The Customer enters/ uploads the correct address, but it changes to an incorrect one due to an internal issue.
   3. Deeleeo may charge for re-attempting deliveries and valets due to Customer error or in the following situations:
      1. A recipient is unavailable to receive the package/vehicle when a signature is required before 8 PM or at another specified time.
      2. The address is incorrectly entered by the Customer.
      3. A unit number is missing from the Customer's address.
      4. The entry code for private residences is not provided by the Customer.
      5. Signature or proof of age is required, but the Customer is unavailable or does not respond when the delivery agent arrives, or an incorrect phone number is provided.
      6. Delivery is to a business, but the Customer does not provide the business's working hours (resulting in the business being closed upon drop-off).
      7. The Customer forgets to print and attach a legible label.
   4. Return Process -> For valets, "in-person" or "age-restricted" drop-offs, or if the package(s) cannot be safely left at the recipient's door:
      1. Delivery packages will either be kept by the delivery agent (if they are not age-restricted items like alcohol), stored at a Deeleeo facility (if applicable), or returned to the sender immediately or within the same day or the next day. Deeleeo valets will be returned to the pickup location by default if the recipient can not receive the vehicle.
      2. Depending on the package, Deeleeo may reattempt delivery to the end recipient the following day, which may incur an additional charge.
      3. If delivery is unsuccessful again, the process will repeat unless specified otherwise by the Customer (additional charges may apply).
   5. Return Charges:
      1. In addition to the original Deeleeo Fee, a Return Fee (equal to the original Deeleeo Fee) may apply per Deeleeo. Currently, the Return Fee is 60% (or more) of the original Deeleeo Fee per Deeleeo. Any address changes will incur a minimum additional fee of $1.25/km per Deeleeo, on top of the original Deeleeo fee and return fee.

10. Age Restricted Deliveries
    1. If you are sending a package that contains age-restricted items, you must notify Deeleeo before submitting the delivery request. You are responsible for informing the end recipient that a valid ID is required to receive their package. There are no exceptions to this rule; any delivery that cannot be completed will be returned to the pickup location at the Customer’s expense (additional fees will apply). The Delivery Agent will adhere to the established process for delivering age-restricted Deeleeos and obtaining in-person delivery confirmations.

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11. Limitation of Liability
    1. Deeleeo is responsible for your package or vehicle (for Valet Service) from pick-up until it is delivered to the end recipient. We are not liable for packages or vehicles before pick-up or after delivery.
    2. We are not responsible for packages or vehicles that are stolen once they have been successfully left on the end recipient's property, as confirmed by a proof of delivery photo.
    3. Claims will not be accepted more than 48 hours after the delivery date and time.

12.  Stolen, Lost & Damaged Packages or Vehicles
    1. Deeleeo is not liable for any losses in the following situations:
       1. The Customer/User or end recipient submitted an incorrect address, and Deeleeo has proof of delivery to the correct address provided, resulting in the package or vehicle being lost.
       2. The Customer did not provide a unit number, leading to the package or vehicle being lost.
       3. The Customer has no special delivery instructions, the delivery agent drops off the package or vehicle and uploads proof of delivery, and the package or vehicle is then lost or stolen.
       4. The Customer has provided special delivery instructions, Deeleeo has proof of delivery, and the package or vehicle is subsequently reported lost or stolen.
       5. The packaging is not damaged, but the goods inside are damaged.
       6. The Customer sends perishable, fragile, or breakable items without informing Deeleeo. Any items requiring special handling or that are time-sensitive or perishable must be communicated to Deeleeo’s sales and support teams.
       7. Deeleeo does not take responsibility for high-value items, precious metals and stones, cash, or other monetary instruments. Additionally package insurance can be purchased prior to submitting the Deeleeo request.

Customers acknowledge that Deeleeo Inc. cannot guarantee that a Delivery Agent will pick up and drop off their Deeleeo at the requested "Drop Off Time," nor can it guarantee that the Deeleeo will be completed at all. Once a Deeleeo is marked as “Done” or “Complete”, Customers have the right to make a claim if they are not fully satisfied with the service. Both the Customer and Delivery Agent have 48 hours from the drop-off time to submit a claim. Any claims or inquiries regarding specific Deeleeos submitted after 48 hours will not be processed.

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Customers have the right to share a Deeleeo with others via text message or email. By receiving a Shared Deeleeo, you agree to these Terms of Use.

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The Customer and Delivery Agent acknowledge and agree that Deeleeo Inc. reserves the right to cancel any Deeleeo at any time and may apply cancellation fees to the party deemed uncooperative (whether Customer or Delivery Agent).

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Access and Use of the Services

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Customer Accounts

To use most aspects of the Services, you must register for and maintain an active personal Customer 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, unless a specific Service permits otherwise.  Save and except where a specific Service permits otherwise, by accepting these Terms of Use, you verify that you are at least 18 years of age, or the age of legal majority in your jurisdiction. Account registration requires you to submit to Deeleeo Inc. certain personal information, such as your name, email and at least one valid payment method supported by Deeleeo Inc. 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 or use the Services. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account login name and password.

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Customer 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. You may not allow persons under the age of 18 to receive services from Delivery Agents 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 accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no Delivery of unlawful, illegal, or hazardous Deeleeos). You may not use this service for the transportation of any poisonous, unlawful, illegal, or hazardous animal or insect.  You may not use this service to harm any kind of living thing. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Delivery Agent or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification 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 or other method of identity verification. As a customer you agree to not solicit delivery services from a Deeleeo Agent. You are responsible for the accuracy of each Deeleeo you submit and understand that inaccurate or otherwise misleading information allows for a Deeleeo Agent to refuse to deliver the package in question or ask for extra payment to compensate for the difference in description and actuality. A Deeleeo Agent has 48 hours upon completion of the Deeleeo to put in a request for extra compensation due to misleading or incorrect information.

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Age-restricted Delivery Standards for Customers

As a customer using Deeleeo to have age-restricted material delivered, you agree to list the total price paid for any liquor including tax in the Deeleeo Description for accurate record keeping if you are in the province of Manitoba. You also agree that you may be charged for the return of an age-restricted delivery if a valid ID that matches the name listed when you create your Deeleeo is not presented, or nobody is present at the drop off location to receive the item. It is your responsibility to ensure that you will be present at the drop off location during the drop off time period.

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Deeleeo Partnership Accounts

To use most aspects of the Services, you must register for and maintain an active Business 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, unless a specific Service permits otherwise. You may not authorize third parties outside of your organization to use your Account. Save and except where a specific Service permits otherwise, by accepting these Terms of Use, you verify that you are at least 18 years of age, or the age of legal majority in your jurisdiction. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no Delivery of unlawful, illegal, or hazardous Deeleeos). You may not use this service for the transportation of any poisonous, unlawful, illegal, or hazardous animal or insect.  You may not use this service to harm any kind of living thing. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Delivery Agent or any other party. 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 or use the Services. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account login name and password. You are responsible for the accuracy of each Deeleeo you submit and understand that inaccurate or otherwise misleading information allows for a Deeleeo Agent to refuse to deliver the package in question or ask for extra payment to compensate for the difference in description and actuality. Additionally, a Deeleeo agent has 48 hours upon completion of the Deeleeo to put in a request for extra compensation due to misleading or incorrect information.

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Deeleeo Partnership Requirements and Conduct

As a Deeleeo Partner you agree to not solicit delivery services from any Deeleeo delivery agent. Deeleeo Partners also agrees to inform Deeleeo Inc. immediately if a Deeleeo delivery agent solicits them. By reading this agreement you are acknowledging that you understand that Deeleeo Agents are Agents in name only and do not have an agency relationship with Deeleeo.

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Should you encounter any problems or if you would like to provide feedback, the Deeleeo Support team is available by contacting support@deeleeo.com or contacting 1-825-255-5778. 

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Age-restricted Delivery Standards for Customer Partners

As a Deeleeo Partner using Deeleeo to deliver alcohol or other age-restricted items, you agree to list the total price paid for liquor including tax and the price charged to the customer for delivery in the Deeleeo Description for accurate record keeping if your business is in the province of Manitoba. As a Deeleeo Partner in any province, you agree not to list any deliveries containing alcohol that would cross a provincial border no matter the actual distance. You also agree that you may be charged for the return of an age-restricted delivery if a valid ID that matches the name of your customer is not presented, or nobody is present at the drop off location to receive the item. It is your responsibility to ensure the customer is going to be present at the drop off location during the drop off time period.

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Delivery Agent Accounts

To be qualified as a Delivery Agent and participate in the Services, you must register for and maintain an active personal Delivery Agent account (“Delivery Agent 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 a Delivery Agent Account, unless a specific Service permits otherwise. Save and except where a specific Service permits otherwise, by accepting these Terms of Use, you verify that you are at least 18 years of age, or the age of legal majority in your jurisdiction. Account registration requires you to submit to Deeleeo Inc. certain personal information, such as your name, address, email, mobile phone number, proof of work eligibility, valid Driver’s licence (if applicable), all vehicle and trailer registration and insurance documents, and as well as at least one valid payment method (direct deposit details) supported by Deeleeo Inc. 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 invalid direct deposit information on file, may result in your inability to receive earnings for your Deeleeo deliveries, or use of the Services. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account login name and password. Unless otherwise permitted by Deeleeo Inc. in writing, you may only possess one Deeleeo Agent Account. You are not permitted to smoke while doing Deeleeos (deliveries) on Deeleeo’s platform. Penalties will be given if caught smoking during a Deeleeo. Penalties can be found in the Independent Contractor Agreement which all Delivery Agent must agree to.

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Delivery Agent Status and Requirements

Delivery Agents are not employees of Deeleeo. Delivery Agents are independent contractors. You will be required to agree to the Terms and Conditions within the Independent Contractor Agreement upon Delivery Agent registration.  There is no employer and employee relationship created between Deeleeo and the Delivery Agent as a result of a Delivery Agent qualifying for a Delivery Agent Account.  Further, there is no joint venture, partnership or agency relationship created between Deeleeo Inc. and the Delivery Agent because of a Delivery Agent qualifying for a Delivery Agent Account.  To be qualified as a Delivery Agent you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18).  You must hold a valid Driver’s licence to register a vehicle and trailer to your Delivery Agent Account.  Your Driver’s license classification must meet or exceed the requirement for the vehicle and trailer you register. You must be legally able to work in your location.  You will be required to pass a criminal background check.  You must have vehicle and trailer registration and insurance with coverage for third party liability to satisfy minimum coverage requirements in your location for each delivery you pursue.  You must have the appropriate permits and equipment used for the deliveries you accept and undergo. Deeleeo Inc. reserves the absolute right and discretion to qualify or reject potential Delivery Agents and their use of the Services.

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Relationship Clause

Nothing herein contained shall be deemed to authorize or empower either party to act as agent for the other party to this Agreement, or to conduct business in the name, or for the account, of the other party to this Agreement.

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Delivery Agent Conduct

The observance of appropriate conduct by Delivery Agents is a contractual obligation under our Service agreement.  Once we are made aware of non-compliance or suspected non-compliance with our requirements, we will contact the Delivery Agent.  If Deeleeo Inc. is not satisfied that the Delivery Agent Independent Contractor is acting in accordance with our requirements, action will be taken, including potential suspension or deactivation of the Delivery Agent Account, or termination of the Delivery Agent Account. Deeleeo requires its Delivery Agents to comply with all applicable laws and regulations in relation to the provision of services by the Delivery Agent.  No Delivery Agent can accept a delivery of a Deeleeo for an unlawful purpose (e.g., no Delivery of unlawful, illegal, or hazardous Deeleeos).  No Delivery Agent can accept a delivery of a Deeleeo containing any poisonous, unlawful, illegal, or hazardous animals or insect.  Deeleeo Inc. also requires its Delivery Agents to make best efforts to act with appropriate decorum, professional responsibility, and provide services without nuisance, annoyance, inconvenience, or property damage.  That said, no limits or restrictions are placed upon the absolute discretion provided to a Delivery Agent to accept or reject a Deeleeo for delivery, other than those recognised by applicable law. Delivery Agents agree to not solicit delivery services to any Customer Partner while also having a Delivery Agent Account with Deeleeo Inc. Delivery Agents (‘the Fiduciary’) under this Agreement are subject to the legal aspects involved with fiduciary duty owed to Deeleeo Inc. (‘the Beneficiary) including but not limited to disclosure of any conflict of interest and the active avoidance of a situation not in the best interest of Deeleeo Inc.

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Age-restricted Delivery Standards for Deeleeo Agents

As a Deeleeo Agent, you agree to read all Deeleeo instructions including those that identify the Deeleeo as containing age-restricted items. You agree to abide by all laws and regulations regarding the distribution and delivery of age-restricted items including but not limited to ID verification, returning any items that cannot be delivered to the originating location, and only delivering certain age-restricted Deeleeos if you are licensed to do so by the respective authority in your province or territory. Valid identification must be presented for every Deeleeo containing age-restricted items regardless of the presumed age of the recipient. If a valid ID is not presented you must return it to the pickup location. You also agree to refuse any alcohol purchase requests that come in after a Deeleeo has been accepted as any alcohol being delivered must only go through the app and cannot be done otherwise. As a Deeleeo Agent you agree to not purchase any age-restricted items in advance of an order on the assumption that these items may then be ordered for delivery in the future. As a Deeleeo Agent you agree to refuse to accept any Deeleeo request that would involve crossing a provincial border while in possession of age restricted material. By reading this agreement you also agree to store age-restricted material that is being delivered out of reach of any passenger or driver in the vehicle and somewhere it cannot be easily accessed while driving. You also agree to not smoke while performing any delivery from the Deeleeo platform. By using the Deeleeo platform you understand that any contravention of law or Deeleeo policies surrounding the sales, distribution of age-restricted material and smoking may result in penalties up to and including suspension of your Deeleeo account.

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Text Messaging, Telephone Calls and Emails

As a Customer, Deeleeo Partner or Delivery Agent you agree that Deeleeo Inc. may contact you by telephone, text messages and email (including by an automatic telephone dialing, texting, and email) at any of the phone numbers and email provided by you or on your behalf in connection with a Deeleeo Inc. account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing or delivering any property, goods, or services.

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Account Deletion

Deletion of your account and all the personal information within it can be done from the mobile applications and by emailing admin@deeleeo.com to request for a specific account to be deleted.

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Intellectual Property Rights

The Deeleeo Platform, and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Deeleeo Inc., its licensors or other providers of such material and are protected by Canadian copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

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Subject to your strict compliance with these Terms of Use, Deeleeo Inc. hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Deeleeo Platform. The foregoing license will terminate immediately upon the removal by Deeleeo Inc. of your authorization to use the Platform for any or no reason.

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You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or republish any of the material on our Deeleeo Platform.

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You may not, without Deeleeo Inc.’s prior written consent, modify copies of any materials from the Deeleeo Platform.

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If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Deeleeo Platform in breach of the Terms of Use, your right to use the Deeleeo Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Deeleeo Platform or any content thereon is transferred to you, and all rights not expressly granted are reserved by Deeleeo Inc. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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The Company name, the term Deeleeo, the Company logo and all related names, logos, product and service names, designs, colour schemes and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written consent of Deeleeo Inc.

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Disclaimers; Limitation of Liability; Indemnity

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DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. DEELEEO INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF CUSTOMER ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DEELEEO INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINES, 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.  DEELEEO INC. DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE DELIVERY AGENTS.  CUSTOMERS AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE THE CUSTOMER REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH THE CUSTOMER TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.  LIKEWISE, DEELEEO INC. DOES NOT PROVIDE ANY GUARANTEE RELATING TO THE SAFETY OR QUALITY OF THE DEELEEO TO BE DELIVERED.  DELIVERY AGENTS AGREE THAT THE ENTIRE RISK ASSOCIATED WITH THE DELIVERY, AND ANY SERVICE THE CUSTOMER REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH THE DELIVERY AGENT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.  

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LIMITATION OF LIABILITY

DEELEEO INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF DEELEEO INC., EVEN IF DEELEEO INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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DEELEEO INC. 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 RELATIONSHIP BETWEEN A CUSTOMER AND ANY DELIVERY AGENT, EVEN IF DEELEEO INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  DEELEEO INC. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. CUSTOMERS ACKNOWLEDGE THAT DELIVERY AGENTS PROVIDING DELIVERY SERVICES MAY NOT BE PROFESSIONALLY LICENSED, PERMITTED, OR INSURED, NOTWITHSTANDING THE DUE DILIGENCE EFFORTS OF DEELEEO INC. TO REQUIRE SAME. 

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THE SERVICES MAY BE USED TO REQUEST AND SCHEDULE DELIVERY SERVICES WITH DELIVERY AGENTS, BUT CUSTOMERS AGREE THAT DEELEEO INC. HAS NO RESPONSIBILITY OR LIABILITY RELATED TO ANY DELIVERY SERVICES PROVIDED TO CUSTOMERS BY DELIVERY AGENTS, OR THE LOSS OR DAMAGE TO ANY DEELEEO HOWEVER CAUSED.

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THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THIS PROVISION SHALL HAVE NO EFFECT ON DEELEEO INC’S CHOICE OF LAW PROVISION SET FORTH BELOW.

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INDEMNITY

CUSTOMERS AND DELIVERY AGENTS AGREE TO INDEMNIFY AND HOLD DEELEEO INC. AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND DELIVERY AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES, (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS, OR (III) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTIES.

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Other Provisions

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Choice of Law

These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the Federal Laws of Canada, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your jurisdiction.

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Notice

Deeleeo Inc. may give notice by means of a general notice on the Services, electronic mail to your email address in your Customer Account or Delivery Agent Account, telephone or text message to any phone number provided in connection with your Customer Account or Delivery Agent Account, or by written communication sent by first class mail or pre-paid post to any address connect with your Customer Account or Delivery Agent Account.  Such notice shall be deemed to have been given upon the expiration of 7 days after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Deeleeo Inc., with such notice deemed given when received by Deeleeo Inc., at any time by first class mail or pre-paid post to our registered Support Services for processing, being 10008 6 Ave SW, Edmonton, Alberta T6X 0S8.

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General

As provided above, no joint venture, partnership, employment, or agency relationship exists between a Customer, Deeleeo Inc., or any Delivery Agent because of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be fully enforced under law. Deeleeo Inc.’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Deeleeo Inc. in writing. 

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By signing or agreeing to this document, you acknowledge that you have reviewed and agree to all of the terms and conditions contained in this document.*