Penguin Pick-Up Limited Partnership, by its general partner, Penguin Pick-Up G.P. Inc.

3200 Highway 7, Vaughan, Ontario L4K 5Z5 Canada

TERMS OF USE

IMPORTANT! YOUR ACCESS TO THE PENGUINPICKUP WEBSITE AND/OR APP (COLLECTIVELY “THE SERVICE”) IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE EXIT THIS WEBSITE.

  1. Binding Agreement. This Terms of Use (the “Terms of Use”) is an agreement between you (“You”) and Penguin Pick-Up Limited Partnership, by its general partner, Penguin Pick-Up G.P. Inc. (“PenguinPickUp”).
  2. Ownership And Copyright. You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Service (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, PenguinPickUp or its licensors, as the case may be. PenguinPickUp hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.
    You assign all rights, title and interest in any feedback You provide PenguinPickUp. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
  1. Privacy. PenguinPickUp’s Privacy Policy applies to use of the Service, and its terms are incorporated by reference into these Terms of Use. By accessing the Service, you therefore consent to PenguinPickUp’s collection, use and disclosure of Your personal information in accordance with the Privacy Policy. PenguinPickUp’s Privacy Policy is available at https://penguinpickup.com/Home/PrivacyPolicy. 
  2. Limitation of Liability. Notwithstanding any damages that You might incur, the entire liability of the PenguinPickUp, and any of its suppliers under any provision of this Terms of Use and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You to PenguinPickUp.
    To the maximum extent permitted by applicable law, in no event shall PenguinPickUp or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if PenguinPickUp or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some jurisdictions, including the Province of Québec, do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
  1. Links to Other Services. The Service may contain links to third-party web sites or services that are not owned or controlled by PenguinPickUp. PenguinPickUp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PenguinPickUp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. PenguinPickUp strongly advises You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
  1. "AS IS" and "AS AVAILABLE" Disclaimer.  The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PenguinPickUp, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither PenguinPickUp nor any of its providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of PenguinPickUp are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions, including the Province of Québec, do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
  1. Indemnity. You agree at all times to indemnify, defend and hold harmless PenguinPickUp, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by PenguinPickUp directly or indirectly in respect of: (i)    any information or other content You provide on or through this website or by e-mail or other correspondence; or  (ii)  Your use or misuse of the Content, the App or The Service, including without limitation infringement claims.
  1. Termination. This Terms of Use is effective until terminated by PenguinPickUp with or without cause (unless You reside in the Province of Québec, in which case this Terms of Use shall be effective until terminated by PenguinPickUp with cause), in PenguinPickUp’s sole and unfettered discretion. PenguinPickUp may terminate this Terms of Use without notice to You if You fail to comply with any of its terms. Any such termination by PenguinPickUp shall be in addition to and without prejudice to such rights and remedies as may be available to PenguinPickUp, including injunction and other equitable remedies, as applicable. PenguinPickUp is not obligated to renew the Terms of Use upon expiry. 
  2. Survivability. The disclaimers, limitations on liability, ownership, termination, interpretation, Your warranty and the indemnity provisions of this Terms of Use shall survive the termination or expiry of this Terms of Use.
  3. Governing Law. PenguinPickUp head office is physically located within the Province of Ontario, Canada. This Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. Unless You reside in the Province in Québec, in the event of a dispute, You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Company related to this website, App, the Content, this Terms of Use, and PenguinPickUp’s services, and, where, applicable, You also agree to opt out of any class proceedings against PenguinPickUp or its licensors. 
  4. Amendment and Waiver.  PenguinPickUp reserves the right, in its discretion, to amend this Terms of Use at any time by posting amendments on the Service. Unless You reside in the Province of Québec, You are responsible for periodically reviewing the amendments on this website and You are deemed to be aware of such amendments. For customers residing in the Province of Québec, PenguinPickUp will provide at least 30 days’ notice prior to any amendments taking effect.  If you do not agree to the amended terms and conditions, You shall immediately stop using the Service. Access to the Service or use of this website after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Terms of Use and no waiver of any provision of this Terms of Use shall be binding on PenguinPickUp unless executed by PenguinPickUp in writing. No waiver of any of the provisions of this Terms of Use shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
  5. Severability. Any provision of this Terms of Use, or any other agreement between You and PenguinPickUp that incorporates these Terms of Use, which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of the applicable agreement, or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
  6. Notices to You.  You hereby consent to the exchange of information and documents between You and PenguinPickUp electronically through the Service, and by e-mail, if to You to the address You provide when You register with this website.  Notices to PenguinPickUp shall be made in writing to info@penguinpickup.com. You may cancel your subscription by logging into your account at https://penguinpickup.com/Login
  1. Changes to These Terms of Use Unless You reside in the Province of Québec, PenguinPickUp reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. For customers residing in the Province of Québec, PenguinPickUp will provide at least 30 days’ notice prior to any modified or new Terms of Use taking effect. By continuing to access or use PenguinPickUp after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
  2. Language. The parties have requested that this Terms of Use and all related documents be drawn up in English only. Les parties aux présentes ont exigé que les présentes conditions d’utilisation et tous les documents qui s'y rattachent soient rédigés en anglais seulement.