IMPORTANT! YOUR ACCESS TO THE SERVICES (AS DEFINED HEREIN) 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 and, if applicable, the entity that you are authorized to represent (“You”) and Penguin Pick-Up Limited Partnership, by its general partner, Penguin Pick-Up G.P. Inc. (“PenguinPickUp”).
2. Use of the Services
These Terms of Use govern Your access to and use of the Service. The Service is available for Your use only on the condition that You agree to these Terms of Use. If You do not agree to all of the Terms of Use, do not access or use the Service. By accessing or using the Service, You signify Your agreement to be bound by the Terms of Use, and affirm that You are at least the age of majority in Your jurisdiction of residence and have the legal capacity to enter into these Terms of Use, and agree that Your personal information will be dealt with in accordance with our Privacy Policy. You affirm that if You are using our Services on behalf of an organization or company, You have the legal authority to bind any such organization or company to these Terms of Use. If You do not have such authority, You must not use the Services on behalf of such entity.
3. Prohibitions
You may not use the Services if You (i) do not agree to these Terms of Use; (ii) are not of the age of majority in Your jurisdiction of residence; or (iii) are prohibited from accessing or using the Services by these Terms of Use or applicable law.
4. The Services
PenguinPickUp may make certain services available to You (collectively, the “Services”), including the use of PenguinPickUp’s website, application, or any other service or platform that links to these Terms of Use, and the provision of (i) a self-service twenty-four (24) hour locker facility (the “Lockers”) and (ii) parcel shops, which may be hosted by PenguinPickUp or its third party providers (the “Parcel Shops”).
5. Scope of Terms of Use
These Terms of Use govern Your use of the Services, except to the extent such Services are the subject of a separate agreement. Specific terms of agreements or policies may apply to the use of certain Services and other items provided to You, including subscription agreements for the use of the Lockers and Parcel Shops (the “Service Agreements”). Any such Service Agreements will apply to the applicable Service and will be listed in association with or through a hyperlink associated with the applicable Services.
6. Account Registration
To access the Services You must have the necessary equipment (such as a smartphone or computer) as well as access to the Internet. Access to the Services may become degraded or unavailable at times for circumstances outside of our control. Although we strive to provide You with excellent service, we do not represent that the Services will be available without interruption. You agree that PenguinPickUp is not liable for any losses You may incur as a result of or associated with delays or unavailability in the provision of the Services.
In order to use certain Services, You will need to create an account (an “Account”). By creating an Account, You agree to provide accurate, current and complete account information about Yourself, and to maintain and promptly update Your Account information as necessary. We reserve the right to reclaim usernames at our sole and unfettered discretion without any liability to You. By creating an Account and using the Services, You acknowledge and agree that Your right to use the Account is personal to You and is not transferable by You to any other person or entity. All personal information associated with Your Account or Your use of the Services is collected, used and disclosed in accordance with our Privacy Policy.
You are solely responsible for the security of Your Account and any passwords for Your Account. If You suspect or become aware of any unauthorized use of Your password or Account, You agree to notify us immediately at info@penguinpickup.com. You must take any steps that we reasonably require You to take to reduce, manage or report such unauthorized use. Failure to provide prompt notification of any unauthorized use may be taken into account in our determination of the appropriate resolution of the matter.
7. Fees
You acknowledge and agree that You will be required to pay fees based on Your usage of the Services (each, a “Fee”), as set out in the Fee Schedule.
8. 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.
9. 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 /policies/privacy-policy.
10. 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.
11. 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.
12. “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.
13. User Warranties
You agree that You are responsible for Your own conduct while accessing or using the Services, and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable laws or regulations. Without limiting the foregoing, You warrant and agree that Your use of the Services will not (and will not allow any third party to) in any manner involve (collectively, the “Prohibited Activities”):
- the sending, distributing or disseminating of any unlawful, defamatory, abusive, obscene, pornographic or otherwise objectionable material;
- using the Services to violate the legal rights of others;
- engaging in, promoting or encouraging illegal activity (including, without limitation, money laundering or the transportation of contraband);
- interfering with other users’ use of the Services;
- exploiting the Services for any unauthorized commercial purpose;
- transporting any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
- accessing or using the Services for the purpose of creating a product or service that is competitive with any of our products or services;
- abusing, harassing, or threatening any of our authorized representatives, customer service personal, or third party site hosts (including, without limitation, filing support tickets with false information, sending excessive e-mails or support tickets, obstructing our employees from doing their jobs, or refusing to follow the instructions of our employees);
- creating Accounts by automated means or under false or fraudulent pretenses;
- the impersonation of another person (via the use of an e-mail address or otherwise);
- using, employing, operating or creating a computer program to simulate human behavior of a user (“Bots”); or
- using, employing or operating Bots or other similar forms of automation to engage in any activity with respect to the Services.
14. Effect of Your Breaches
If You engage in any of the Prohibited Activities we may, at our sole and absolute discretion, without notice or liability to You, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate Your Account. We will investigate all suspected Prohibited Activities and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such activities.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.