Terms & Conditions

Within these Terms and Conditions, “User” and “Users” is taken to mean Shippers, Carriers, or any other entity or person utilizing the services of Roadaroo Inc.

The terms and conditions contained herein (this “Agreement”) and the request for shipment submitted through Roadaroo's services (the “Purchase Order”), shall govern all access to Roadaroo's services (the “Services”) as is further described below. Access shall mean any interaction with Roadaroo's mobile application, Roadaroo's website, or any other platform that allows Users to utilize or employ the Services.

BY ACCESSING THE SERVICES, IN ANY CAPACITY, THE USER EXPLICITLY ACKNOWLEDGES AND ACCEPTS THE PROVISIONS CONTAINED HEREIN AND CONSENTS TO BE LEGALLY BOUND BY SAME.

Services

Roadaroo connects Users looking to ship an item (Shippers) with Users who are willing to ship such item (“Carriers”) for a fee. As intermediary, Roadaroo will assist with scheduling, tracking, payment, communication, and connection between Shippers and Carriers (the ‘Services”).

Notwithstanding anything herein to the contrary, Roadaroo reserves the right, without any liability owed to the User, to disable or suspend User's access to Services in the event that (a) there is any breach or anticipated breach of this Agreement (b) User's use of services disrupts or poses a security risk to the Services or any other User, or may subject Roadaroo to liability (c) User is using the Services for fraudulent or illegal activities; or (d) Roadaroo's continued provision of Services to the User is prohibited by applicable law.

ROADAROO DOES NOT PROVIDE TRANSPORTATION AND DELIVERY SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER. ALL CARRIERS OPERATE AS INDEPENDENT CONTRACTORS NOT EMPLOYED BY ROADAROO.

Use of Services

The Services are provided by Roadaroo and available only to entities and persons over the age of legal majority who can form legally binding agreements under applicable law. If a User does not qualify by the terms of this section, that User shall be prohibited from accessing or using the Services.

Accounts created to access the Services shall be personal and shall not be shared with any other party. Users are to create a single account only. Creation of additional accounts is strictly prohibited. All passwords used to access a User account shall be kept confidential. If at any point a User believes their account has been compromised, they are to change their password immediately. When creating an account, Users may be required to provide photo identification, satisfactory to Roadaroo, to determine identify from time to time. All Carriers shall be required to upload a current picture to their profile to the satisfaction of Roadaroo. Users shall be responsible for providing the most up to date accurate information when creating an account or using the Services. Providing incorrect information shall be a breach of this Agreement and renders the User liable to have their permission to use the Services revoked.

Users acknowledge and agree to only engage the Services for legal purposes consistent with the intent of Roadaroo when offering the Services. At no point shall a User ever represent that they are an agent, subcontractor, representative, or employee of Roadaroo.

Any information, of which may include without limitation, phone numbers, addresses, pictures, contents of delivery, or other information (“Personal Information”) obtained through the Services, is to be kept strictly confidential and only used to engage with the Services as necessary. All Personal Information obtained through the Services shall not be stored or kept beyond what is necessary to engage with the Services. Users understand that by violating this section, they will have access to all Roadaroo Platforms revoked indefinitely and render themselves liable to the full extent of the law.

All contact with other Users while engaging with the Services shall be made only as is necessary to engage the Services. Contact with Users outside the scope of engaging the Services is strictly prohibited. Using the Services to harm, harass, intimidate, threaten, cause nuisance, annoyance, or nuisance is prohibited.

Users at all times are to utilize the Services in compliance with applicable laws. Using Services to further an illegal activity is strictly prohibited.

The Carrier

All Carriers are required to consent to a background check prior to using the Services and shall also provide any further documentation as requested by Roadaroo prior to using or engaging with the Services (all background checks and documents conducted or requested collectively referred to as the “Verification Process”).

The Verification Process is conducted to ensure Carriers have valid drivers' licenses that have not been suspended or revoked in addition to confirming the identity of the Carrier. While Roadaroo may reject any Carrier for any reason from using the Services, Roadaroo has no obligation nor makes any covenant to ensure the quality, reliability, or character of the Carrier.

The Verification Process may be conducted by a third party and the Carrier shall consent to either providing any requested documentation or personal information requested by the verifying third party directly or Roadaroo providing the requested documentation on the Carriers behalf.

Roadaroo shall not be responsible for the accuracy of the Verification Process done by a third party. Any incomplete, incorrect, or omitted information submitted by the third party shall be the responsibility of the third party. Users understand that there is no recourse to be had against Roadaroo for any liability arising out of the Verification Process and that the Verification Process is conducted strictly for Roadaroo's own benefit.

Carriers understand that it is their responsibility, as independent contractors offering their transportation services directly to Shippers, to have any and all required licenses, insurances, and permits under law or otherwise prior to engaging with the Services. Carriers understand and acknowledge that Roadaroo does not provide licenses, insurances, or permits and that the Carrier alone shall bear the burden, responsibility, and liability of compliance with applicable licensing, insurance, and permit requirements under law or otherwise.

Roadaroo recommends that Carriers consider obtaining insurance to avoid personal liability for any injury or action that arises throughout the course of the provision of their services to the Shipper.

The Shipper

The Shipper shall accurately report the contents of any receptacle used for transport of an Item to ensure that an appropriate Carrier is suggested by the Services.

The Shipper understands that there is no right to privacy in regard to the object of Shipment and the Carrier has a right to know, view, and confirm what they are transporting.

Shippers are to package the contents of shipment in a way that the Carrier can have access to the item. In the event that a Shipper is unable to package the item in a way that facilitates access, the Shipper shall package the item in a way that allows the Carrier to view the item through the packaging.

Roadaroo shall not be responsible for the accuracy of the Verification Process done by a third party. Any incomplete, incorrect, or omitted information submitted by the third party shall be the responsibility of the third party. Users understand that there is no recourse to be had against Roadaroo for any liability arising out of the Verification Process and that the Verification Process is conducted strictly for Roadaroo's own benefit.

Shippers may be required to undergo the Verification Process prior to engaging the Services depending on the nature of the Item to be delivered to confirm identity. If required by Roadaroo, in their sole discretion, a Shipper shall not ship the Item contemplated without first getting confirmation from Roadaroo that they have successfully satisfied the Verification Process requirements.

Contents of Shipment

Shippers can use the Services to transport items subject to the provisions included herein (shipped items individually an “Item” and collectively “Items”)

Shippers are prohibited from using the Services to send the Items or Items related to the listed Items below (“Prohibited Items”):

People
Any item illegal at law
Hazardous materials improperly labeled for transport under law
Hazardous materials deemed as such under applicable law
Unrefined precious metals including, but not limited to, gold, platinum, silver etc.
Unset precious stones such as rubies, diamonds, emeralds etc.
Firearms classified as “restricted” or “prohibited”
Any Item deemed by Roadaroo to be prohibited at any time

Some Items require qualifications of the Carrier prior to transport and as such approval by Roadaroo shall be necessary prior to assigning a Carrier to ensure an appropriate Carrier is assigned to the Shipper. Unless approval is obtained by Roadaroo, the following Items shall be considered Prohibited Items and prohibited from the Services:

Cigarettes or any tobacco product
Wine, beer, liquor, or any other item containing alcohol.
Non restricted firearms, ammunition or weapons of any kind or parts of same
Fireworks
Replicas of any prohibited item
Regulated drugs or any drug not available “over the counter”
Human body parts or any human remains
Oversized items over 200 pounds or exceeding 6 feet in length (“Oversized Items”)
Live animals
Items to be transported over provincial lines

Items containing tobacco or alcohol require Carriers, Shippers, and recipients to be of legal age to transport or receive same. Carriers will be required to possess certain alcohol serving licenses to be eligible to appear as a qualified carrier on the Services. Alcohol serving licenses are to be required wherever they are required under local law. In the event there is no alcohol serving license required in a geographical area, the driver will be responsible for confirming the age of the recipient and their level of intoxication. Local laws will govern these requirements for delivery, and it is the Carriers responsibility to ensure they are aware of such laws, they are complying with such laws, and that they have the capacity to determine the requirements for safe and legal delivery. If a Carrier is unable to deliver Items due to the recipient not showing valid identification or being intoxicated, [what to do in this situation]

Carriers who wish to transport non restricted firearms, ammunition, or any parts thereof shall be required to possess a valid Possession and Acquisition License to appear as a qualified carrier on the Services. When transporting non restricted firearms, ammunition, or any parts thereof, it is the Carriers responsibility to be aware of the legal requirements and best practices for transporting and possessing same. Any information, documentation, or otherwise that is required for the transport or possession of these items is the responsibility of the Carrier to obtain from the Shipper. The Carrier understands that failure to observe applicable laws renders them criminally liable.

Certain Items will require minimum vehicle requirements depending on the size. The Shipper is required to accurately record the dimensions and weight of the item when engaging the Services so the Shipper can be matched with an appropriate Carrier. In addition, oversized items require that the Shipper arrange for assistance to be available to the Carrier when loading and unloading the item. The Services will require a certain amount of assistance be made available when delivery involves the loading or offloading of Oversized Items. It is the Shippers responsibility to ensure the Oversized Item(s) can be loaded and offloaded safely and that they have arranged for the required amount of manpower indicated through the Services. Carriers may, in their sole discretion, refuse to execute a shipment in the event a Shipper has not provided the required assistance contemplated through the Services.

Item Transparency

Shippers are required to accurately report the Item(s) for transport through the services. This includes any information requested by the services including, but not limited to, the height, length, weight, colour, condition, and material.

Carriers are encouraged to review and take pictures of all Items prior to transport. All Items shipped using the services are not governed by any privacy right and as such Shippers shall consent to Carriers opening any packaging or transport receptacle to view, assess, and document Items. It is the Carriers responsibility to ensure the Items being shipped comply with applicable laws regarding both possession and transport. If an Item is different than what was originally described through the Services, the Carrier may, at their sole discretion, refuse delivery.

Carriers shall only open packaging if doing so will not damage the Item or packaging. If a Carrier cannot view the Items in a package, either by opening the package or viewing through transparent packaging, the Carrier may, in their sole discretion, refuse delivery.

Damaged Items

Items are to be photographed when received by the Carrier. In the event an Item is delivered in a damaged state, different than what was photographed when originally received, the Carrier may be found liable for damages. Any claims for damaged Items are to be made between the Shipper and the Carrier who has transported the Item. If a Carrier feels that the packaging or transport receptacle is insufficient to transport the goods without causing damage, the Carrier may, at their sole discretion, refuse delivery.

Carriers are encouraged to review and take pictures of all Items prior to transport. All Items shipped using the services are not governed by any privacy right and as such Shippers shall consent to Carriers opening any packaging or transport receptacle to view, assess, and document Items. It is the Carriers responsibility to ensure the Items being shipped comply with applicable laws regarding both possession and transport. If an Item is different than what was originally described through the Services, the Carrier may, at their sole discretion, refuse delivery.

Carriers shall only open packaging if doing so will not damage the Item or packaging. If a Carrier cannot view the Items in a package, either by opening the package or viewing through transparent packaging, the Carrier may, in their sole discretion, refuse delivery.

Cancelation

Shippers can cancel their delivery through the Services at any point until the first of either, (a) 24 hours before the scheduled pick-up by the Carrier or (b) a Carrier has been assigned to the Shipper, after which, a cancelation fee of [insert cancelation fee] (“Cancelation Fee”) will apply. Carriers who wish to cancel their delivery may have the delivery reassigned to another Carrier through the Services if another Carrier is available. In the event another Carrier is not available, the Carrier shall be responsible for any costs, fees or charges incurred by the Shipper.

If a Shipper fails to deliver to the Carrier the Items contemplated through the Services, the delivery will be deemed Canceled and the Cancelation fee will apply. If a Carrier fails to pick-up the Item contemplated through the Services, the delivery will be deemed Canceled …..

A Shipper can fail delivery to the Carrier by, (a) failing to be present at the specified location described through the Services, (b) presenting a different Item than which was contemplated through the Services, (c) failing to have the required personnel or equipment necessary as described through the Services to load the equipment on the vehicle of the Carrier or (d) any other deemed cancelation described in this Agreement.

A Shipper can also fail delivery to the Carrier if the Shipper is not prepared to transfer the Items to the Carrier within 30 minutes of the specified time contemplated through the Services. A late fee of (Amount of late fee) per minute a Carrier is waiting for the Item shall be incurred by the Shipper if they are unprepared. After 30 minutes, the Contract shall be deemed canceled and the Shipper shall be liable to pay the Cancelation fee and the late fees referenced in this provision.

Inability to Deliver Items

If a Carrier is unable to deliver the Item(s) due to there being no one present to receive it, the Shipper will be notified that the Item shall be left in the mailbox, at the door, or on the property, depending on size and nature of the Item. If the Item is too large for the Carrier to offload himself, the Item shall be either (a) returned to the Shipper at the Shippers expense or (b) unloaded at a specified facility.

Carriers instructed to wait at a drop off location by a Shipper shall be permitted to charge the late fee contemplated herein. After 30 minutes, the Carrier can employ the remedies contemplated above.

Breach of This Agreement and Suspension/Termination of Access to Services

A breach of any of this Agreement herein shall, without limiting any remedies available at law, cause the User to be suspended or prohibited from using the Services. Without limitation, and subject to any other provision contained herein, a User may have their access or permission to the Services suspended, limited or revoked when:

a User is unable to satisfy the Verification Process
a User has failed to keep information submitted during the Verification Process up to date.
a User is suspected of or has allegedly used the Services to advance an illegal activity
a User is suspected of or has allegedly used the Services to transport Prohibited Items
it is anticipated or alleged that a User may or will cause financial harm to Roadaroo, an affiliate of Roadaroo, another User or any other party
It is anticipated or alleged that the User will subject Roadaroo to regulation from a government authority

Roadaroo may, at their sole discretion, suspend, limit, or revoke a Users access or permission to the Services for not showing up to a scheduled pick up or delivery, poor performance, failure to deliver Items, or inactivity.

Users who cancel more than two deliveries may have their account temporarily suspended. If after suspension the User cancels another delivery, the User may have their access to the Services revoked and terminated.

If a User sustains a User Rating below (threshold of User Rating) for a period of 2 months, the User will be suspended from the Services for a period of (period of suspension) and (rehab program?). If after a User is suspended for a low User Rating and subsequently sustains a low user rating subsequent to the suspension, the User may have their access to the Services revoked and terminated.

If an Item to be delivered by a Carrier does not arrive, the Carrier's access to the Services shall be suspended indefinitely until an investigation is conducted by Roadaroo, the relevant legal authorities, or both. If the initial investigation is inconclusive and the Carrier's access to the Services is reinstated, the Carrier shall be subject to having their access to the Services immediately terminated upon the suspicion and/or allegation of a missing Item.

Carriers who do not engage the Services for a period of (how long do we want) are subject to having their access suspended or terminated. Carriers may contact Roadaroo to reinstate an inactive account at any time but understand that any saved Carrier data may be deleted including pictures, account name, User Rating history etc.

Billing and Payment

Shippers shall register an unexpired credit card to their account prior to engaging the Services. All fees charged for usage of the Services, including the fee charged by the Carrier, shall be debited from the Shippers credit card and credited to Roadaroo. Roadaroo will then distribute the amount owed to the Carrier. Roadaroo uses a third party to process payments. Through engaging with the Services, the User accepts all of the third parties terms and conditions of use.

Fees

All fees for shipment, excluding cancelation or late fees incurred during the process of shipment, will be detailed in the Purchase Order.

User Content

The content that Users upload to the Services, including without limitation pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, and other information and/or content, is defined collectively as “User Content” and the User shall be liable for the accuracy, quality, integrity and legality of such User Content. Notwithstanding anything herein to the contrary, Roadaroo may collect aggregated, anonymized data that cannot identify any person and that is derived from and/or created using the Services by Users.

User agrees that it will not knowingly upload any User Content that: (i) is unlawful or promotes unlawful activities; (ii) defames, harasses, abuses, threatens and/or incites violence towards any individual and/or group; (iii) is pornographic, discriminatory and/or otherwise victimizes and/or intimidates an individual and/or group on the basis of religion, gender, sexual orientation, race, ethnicity, age and/or disability; (iv) is spam, is machine-generated or randomly-generated, constitutes unauthorized and/or unsolicited advertising, chain letters, any other form of unauthorized solicitation, and/or any form of lottery and/or gambling; (v) contains and/or installs any viruses, worms, malware, Trojan horses, and/or other content that is designed and/or intended to disrupt, damage and/or limit the functioning of any software, hardware and/or telecommunications equipment and/or to damage or obtain unauthorized access to any data and/or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity and/or other rights; (vii) impersonates any person and/or entity, including any of Roadaroo's employees and/or representatives; and/or (viii) violates the privacy of any third party.

Roadaroo does not undertake to screen, review, edit, censor and/or otherwise filter and/or control User Content. However, Roadaroo may, but shall not be obliged to, review, either by manual or automated means, all User Content which is or may be uploaded to the Services and monitor and/or review any areas of the Services where Users transmit and/or post communications and/or communicate with each other and/or Roadaroo. Roadaroo retains the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to, and/or delete any User Content, without notification, which breaches this Agreement. Roadaroo retains the right to co-operate with any law enforcement authorities, or in response to court and other official requests directing that Roadaroo disclose the identity of anyone posting User Content.

Roadaroo retains rights, title, interest, and ownership of, and all intellectual and proprietary rights with respect to the Services, and any other materials provided or made available to the User by Roadaroo hereunder. “IP” means all intellectual property including without limitation all patents, inventions, trademarks, service marks, trade names and trade dress, copyrights and copyrightable works, trade secrets, know-how, design rights and database rights. Except for the rights expressly granted to the User in this Agreement, all such Services and other materials that are provided or made available, all modifications, compilations, and derivative works thereof, and all intellectual property and proprietary rights pertaining thereto, are and shall remain the property of Roadaroo and its respective licensors (and to the extent any rights of ownership in any such materials, works and/or rights might, for any reason, otherwise vest in User, User hereby assigns such ownership rights to Roadaroo).

Disclaimer of Liability

Roadaroo disclaims all liability relating to any User Content, including any error, virus, defamation, libel, obscenity and/or inaccuracy contained in any User Content, whether or not arising under the laws of copyright, libel, privacy and/or otherwise. User is solely responsible for any damage resulting from use (or submission) of any User Content to the Services (including disputes and incidents described in the preceding sections) and related transactions or occurrences. Roadaroo shall have no responsibility for unauthorized access to the User or any User account, or automatic forwarding of messages and/or viruses (caused by viruses or otherwise).

Disclaimer of Warranties and Limitation of Liability

USER'S USE OF THE SERVICES IS AT ITS SOLE RISK. THE SERVICES OR ANY OFFERING THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROADAROO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SERVICES PROVIDER DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR DELIVERABLES. ANY MATERIAL THAT USER AND/OR ITS RELATED PARTIES ACCESS AND/OR OBTAINS THROUGH THE SERVICES IS DONE AT USER'S OWN DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTERS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICES. ROADAROO DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SERVICES AND DELIVERABLES WILL BE AVAILABLE WITHOUT INTERRUPTION OR TOTALLY ERROR-FREE, OR THAT ALL DEFECTS (INCLUDING, BUT NOT LIMITED TO, MINOR OR COSMETIC DEFECTS THAT DO NOT SIGNIFICANTLY AND ADVERSELY AFFECT FUNCTIONALITY OR FEATURES) WILL BE CORRECTED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ROADAROO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE AND/OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ROADAROO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM USE OF THE SERVICES AND/OR DELIVERABLES. UNDER NO CIRCUMSTANCES WILL ROADAROO'S TOTAL AND CUMULATIVE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF AND/OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT USER HAS PAID TO ROADAROO IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THIS SECTION IS FUNDAMENTAL AND THE SPECIFIC REQUIREMENTS HEREIN SHALL BE CONSIDERED THE BASIS OF THE BARGAIN BETWEEN USER AND ROADAROO, AND ROADAROO WOULD NOT BE ABLE TO PROVIDE THE SERVICES OR PERFORM ITS OBLIGATIONS SET FORTH HEREIN WITHOUT USER'S AGREEMENT TO SUCH TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

Users will indemnify, defend and hold Roadaroo, and its respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from and against any costs, damages, expenses, losses, and demands, including reasonable attorney fees, and liabilities arising out of, and/or relating to, any claim (“Claim”) arising out of or related to, (i) User's acts and/or omissions, (ii) User's use of the Services, and (iii) User's use of the Services in a manner that violates any applicable privacy law(s). Roadaroo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event User will assist and cooperate with Roadaroo in asserting any available defenses. User agrees not to settle any matter without the prior written consent of Roadaroo.

No Legal Advice; Electronic Communication

The Services do not provide legal advice and Roadaroo is not a law firm. Part of the Services may involve the making of contracts, and/or other legal relations and although Roadaroo attempts to make sure its information is accurate and useful, Roadaroo recommends Users consult with a lawyer if legal advice is required. Roadaroo does not offer any legal advice, legal opinions, recommendations, referrals, and/or counseling. Roadaroo is not involved in agreements between Shippers and Carriers.

By using the Services, Users agree to receive certain communications in connection with the Services. The communications between Users and Roadaroo use electronic means, whether Users use the Services or send Roadaroo emails, or whether Roadaroo posts notices on the Services or communicates with Users via email. By using the Services, Users (i) consent to receive communications from Services Provider in an electronic form; and (ii) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Roadaroo provides to Users electronically satisfy any legal requirement that such communications would satisfy if it were to be a hardcopy in writing. The foregoing does not affect User's non-waivable rights. User agrees that User's use of any electronic signatures will be as valid as any manual signatures, if authorized by local law, and User, not Roadaroo, will ensure that User's use of electronic signatures is in conformance with local laws and regulations.

Dispute Process

If a User has a bona fide dispute in relation to the Services, the User shall provide notice to Roadaroo in writing within Thirty (30) days from the date the dispute arose. (“Valid Notice”). Valid Notice shall set forth the details surrounding the dispute.

In the event a dispute cannot be resolved, and the dispute was initiated by way of Valid Notice, the dispute shall be resolved through binding arbitration by a single arbitrator chosen by Roadaroo and conducted in the City of Brantford, Ontario. The arbitrator shall be bound to the terms of this Agreement and shall have no authority to vary same, award punitive damages, or certify a class. The final decision of the arbitrator will be binding without appeal to another process or governing court.

The User waives any rights they may have to a trial of any kind, jury or bench, in regard to any claim they may have.

Miscellaneous

This Agreement, along with the Purchase Order, constitutes the entire agreement between Roadaroo and the Users and between the Users themselves (individually a “Party” and collectively the “Parties”) concerning the subject matter hereof. Any prior agreements or representations, either written or oral, relating to the subject matter of this Agreement are of no force or effect.

If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that part will be construed to reflect the Parties' original intent, and the remaining Agreement will remain in full force and effect. A waiver by either Party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Users may not assign or transfer this Agreement or any of the User's rights or obligations hereunder to any other Party without Roadaroo's express written consent; Roadaroo may assign its rights under This Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the Parties' successors and permitted assigns.

The Parties agree that a material breach of this Agreement adversely affecting Roadaroo's IP rights in the Services or any other proprietary data may cause irreparable injury to Roadaroo for which monetary damages would not be an adequate remedy and the non-breaching party shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have hereunder or at law.

No waiver by Roadaroo of any breach and/or default and/or failure to exercise any right allowed under this Agreement is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this Agreement.

It is understood and agreed that the relationship of Roadaroo to any of the Users is and shall continue to be that of an independent contractor and neither Roadaroo nor any of Roadaroo's employees shall be entitled to receive any of the User's employee benefits. Nothing in this Agreement will be construed to create an agency or employment relationship between the User and Roadaroo for any purpose or create obligations of such party to third parties.

Any provision of this Agreement which, by its nature, would survive termination of this Agreement will survive any such termination of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, neither Party is liable for any failure to perform, or delay in performing, any particular obligations under this Agreement where the failure or delay arises from any cause or causes beyond its reasonable control, including without limitation fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders or rebellions (“Force Majeure Event”). In the event of a Force Majeure Event, the parties agree to meet and discuss how to resolve the issue. If no resolution can be reached, the dispute will be determined per the arbitration provisions contained herein.

The headings and titles of this Agreement do not form part of this Agreement but are for convenience only and are not intended to define, limit, or construe the contents of the provisions contained herein.

Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Services will be governed by the laws of Ontario, Canada, excluding its conflict of law provisions.

Privacy Policy

At Roadaroo, we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy outlines how we collect, use, and safeguard your data when you use our services. By using our platform, you agree to the terms outlined in this policy.

Data Collection and Use

Roadaroo collects and processes personal data to provide and improve our delivery services. The types of data we collect include:

Personal Information: Name, email address, phone number, and payment information.
Delivery Information: Package details, delivery addresses, and contact information of recipients.
Device Information: IP address, browser type, operating system, and mobile device information.
Location Data: Real-time and background location data from your device to track shipments and optimize delivery routes.

Use of Background Location Data

To ensure the accuracy and efficiency of our delivery operations, Roadaroo utilizes background location data from drivers’ mobile devices. This data helps us to:

Track Shipments: Monitor the real-time location of packages to provide customers with accurate delivery updates.
Optimize Routes: Enhance route planning and reduce delivery times by analyzing traffic patterns and other location-based data.
Ensure Security: Maintain the safety and security of shipments by tracking their progress throughout the delivery process.

We only collect location data with your explicit consent and take all necessary measures to protect this information.

Data Sharing and Disclosure

Roadaroo may share your personal data with third-party service providers to facilitate the delivery process. These partners are contractually obligated to protect your information and are prohibited from using it for any other purpose.

We may also disclose your data to comply with legal obligations, enforce our policies, or protect the rights, property, or safety of Roadaroo, our users, or others.

Data Security

Roadaroo employs industry-standard security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. We use encryption, firewalls, and other security technologies to safeguard your data.

Your Rights

You have the right to access, correct, or delete your personal data at any time. If you have any questions or concerns about our Privacy Policy or the use of your data, please contact our support team at admin@roadaroo.com.

Updates to This Policy

Roadaroo reserves the right to update this Privacy Policy at any time to reflect changes in our practices or regulatory requirements. We will notify you of any changes by posting the new policy on our website. We recommend reviewing this page periodically to stay informed about how we protect your data.