As used in this Agreement, “Fetchee” means a person who makes a request for goods to be delivered utilizing the Fly and Fetch Site or Fly and Fetch Services, and “Fetcher” means a person who offers to deliver goods pursuant to a request made by a Fetchee utilizing the Fly and Fetch Site or Fly and Fetch Services.
By visiting the Fly and Fetch Site and using the Fly and Fetch Services, you agree to comply with and be legally bound by these Terms, as revised from time to time. If you do not agree to any of the terms set forth in these Terms, or any subsequent modification to the Terms, you may not access or use the Fly and Fetch Site or any of the Fly and Fetch Services and must cancel your Fly and Fetch Account, free of charge, in the manner set forth below.
Fly and Fetch, through the Fly and Fetch Site, has created a marketplace that brings together a Fetcher (a traveller that transports goods) and Fetchee (a person that requests goods to be shipped).
Fly and Fetch will charge a service fee to both Fetchers and Fetchees for each matched connection request made on the Fly and Fetch Site. All fees charged by Fly and Fetch are associated with the provision of a platform used to connect the Fetcher and Fetchee and not for the delivery of goods. Fly and Fetch is not a delivery, logistics, or insurance company, nor does it participate in the shipment of goods and services in any way. If a transaction does not proceed, Fly and Fetch may, but is not obligated to, provide a credit back to the Fetcher and Fetchee equal to the amount paid to Fly and Fetch for the incomplete transaction, provided that:
- the transaction did not proceed as a result of events beyond the control of the Fetcher and Fetchee; and
- sufficient evidence is provided to Fly and Fetch.
Fly and Fetch does not supervise nor participate in, and is not a party to, the negotiation of terms between the Fetcher and Fetchee, including but not limited to the description of goods, setting of compensation, if any, to be paid by the Fetchee for delivery of goods, timing of delivery, risk of loss, or other terms related to the relationship between the Fetcher and Fetchee. All such negotiations shall be the sole responsibility of Fetcher and Fetchee, notwithstanding that Fly and Fetch may facilitate communication and connection between the parties and set out basic rules for the transactions facilitated through the Fly and Fetch Site and Fly and Fetch Services.
Without limiting the foregoing, Fly and Fetch shall not be liable under any circumstances for any miscommunication or misunderstanding between the Fetcher and Fetchee, violation of customs or import/export laws, the seizing of goods, fraud or other actions involving the Fetcher and Fetchee. All risk associated with such events, actions or activities and shall be borne by the Fetcher and Fetchee as applicable.
- Creating a Fly & Fetch Account.
1.1. Registration of Fly and Fetch Account. In order to sign up for an account with Fly and Fetch (an “Fly and Fetch Account”), you must first register by providing your name, an e-mail address, password, and affirming your acceptance of these Terms. Upon successful completion of the registration process, Fly and Fetch will establish your Fly and Fetch Account. Fly and Fetch may, in our sole discretion, require the provision of additional information, documentation and/or identification, refuse to allow you to establish a Fly and Fetch Account, or limit the number of Fly and Fetch Accounts that a single user may establish and maintain at any time.
1.2. Account Eligibility. In order to be eligible to set up a Fly and Fetch Account, you must be at least 18 years old (or the applicable age of majority and contractual capacity), and comply with the account verification requirements. Failure to provide accurate information as part of the account verification process will be considered a material breach of these Terms and will be grounds for immediate termination of your Fly and Fetch Account. By accessing or using the Fly and Fetch Site and Fly and Fetch Services you represent and warrant that you are 18 or older.
- Responsibilities of Fetchers and Fetchees.
2.1. Fetchers. Fetchers shall be responsible to examine, check, and ensure that their transport of any goods will not result in the violation of any applicable laws and that the Fetcher has any required certifications, licenses or other accreditation required for the purposes of delivering the goods requested by the Fetchee.
If the Fetcher suspects that the goods to be transported include illegal or prohibited material, or are otherwise incapable of being transported in accordance with relevant laws, these Terms, and the terms of its agreement with the Fetchee, the Fetcher must not deliver the suspected items and should take steps to notify the relevant authorities (if applicable) and Fly and Fetch as soon as possible, provided however, that any such report shall not obligate Fly and Fetch to take any action beyond that required by law (if any) or cause Fly and Fetch to incur any liability.
The Fetcher shall ensure that it lawfully declares any items in accordance with applicable laws. Unless otherwise agreed between the Fetcher and Fetchee, the Fetcher shall be solely responsible for any and all travel costs associated with the transport and delivery of goods. It is recommended that the Fetcher take steps to ensure that any goods to be picked up are in good working order and to take a photograph of the item to be shipped both at the time of pickup and the time of delivery in a manner that is capable of confirming the time and date that the relevant photographs were taken.
Unless otherwise agreed between the Fetcher and Fetchee, the Fetcher will be responsible for any loss or damage of the goods during transport. Fly and Fetch shall not be liable or responsible in any way for any such loss or damages and you hereby forever release and discharge Fly and Fetch, its directors, officers, shareholders, employees, contractors and agents, as well as their successors and assigns from any responsibility for the same.
2.2. Fetchees. Fetchees shall ensure that sufficient information is provided to the Fetcher with respect to any goods to be transported to allow the Fetcher to comply with its obligations as set out in section 2.1 above and section 2.3 below, including providing a picture of the goods to be transported, and shall not knowingly request that any items be transported that would violate applicable laws. The Fetchee shall be responsible for ensuring that the Fetcher has sufficient time to examine any goods prior transporting the same and that the goods are capable of being packaged in a manner that is appropriate for travel to prevent damage or spoilage. The Fetchee shall ensure that the goods being transported are provided to the Fetcher unwrapped and in a form capable of being thoroughly inspected. The Fetchee is also responsible for ensuring that any goods to be delivered by the Fetcher are made available for pickup at the time and location agreed between the Fetcher and Fetchee, and ensuring that the Fetcher, or its agent, is available for receipt of the goods at the agreed delivery location, if applicable.
If documentation is required to enter the country with the good being delivered, the Fetchee agrees to provide all documentation necessary to the Fetcher within a reasonable period of time prior to the Fetcher’s departure.
Unless otherwise agreed between the Fetcher and Fetchee, the Fetchee will be responsible for indemnifying and saving the Fetcher harmless for any customs or regulatory related fees, claims or disputes that are caused directly as a result of the transportation of goods on its behalf. Fly and Fetch shall not be liable or responsible in any way for such fees, claims or disputes and you hereby forever release and discharge Fly and Fetch, its directors, officers, shareholders, employees, contractors and agents, as well as their successors and assigns from any responsibility for the same.
2.3. Fetcher and Fetchee. The Fetcher and Fetchee shall bear all legal responsibility for assuring that the delivery of goods as agreed between the Fetcher and Fetchee (a) will not result in the violation of any applicable laws, including but not limited to import and export rules, regulations and controls of any country or jurisdiction from, to, or through which the goods will travel, and (b) that the goods are capable of being transported in the manner agreed.
The Fetcher and Fetchee agree that Fly and Fetch shall not be responsible for ensuring compliance by the Fetcher and Fetchee with the terms of this Section 2, including but not limited to ensuring that the transport of goods will not result in violation of any applicable laws. The Fetcher and Fetchee agree to indemnify Fly and Fetch, its directors, officers, shareholders, employees, contractors and agents, as well as their successors and assigns, with respect to any liability any of them may incur, including legal fees on a solicitor and his own client basis, arising from the agreement made between the Fetcher and Fetchee and the services performed or to be performed by the Fetcher on behalf of the Fetchee.
- Limitations of Liability, Release, Indemnification, Warranties.
3.1. Acknowledgment re Role of Fly and Fetch. You acknowledge and agree that Fly and Fetch does not have an obligation to conduct background checks on any user of the Fly and Fetch Site, although you expressly authorize it do so at its sole discretion. No advice or information, whether oral or written, obtained from Fly and Fetch, displayed on or communicated through the Fly and Fetch Site will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with any and all persons performed through or otherwise facilitated by the Fly and Fetch Site. You understand that Fly and Fetch does not make any attempt to verify the statements made by users, or other content posted on the Fly and Fetch Site.
3.2. Limitations of Liability. IN NO EVENT SHALL FLY AND FETCH, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR: (A) YOUR USE OR INABILITY TO USE THE FLY AND FETCH SITE OR FLY AND FETCH SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE FLY AND FETCH SITE OR FLY AND FETCH SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR IN PARTY BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO A FETCHER, FETCHEE, OR ANY OTHER USER OF THE FLY AND FETCH SITE OR FLY AND FETCH SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY FETCHER, FETCHEE, OR ANY OTHER USER OF THE FLY AND FETCH SITE OR FLY AND FETCH SERVICES; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE FLY AND FETCH SITE OR FLY AND FETCH SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF THE FLY AND FETCH SITE OR FLY AND FETCH SERVICES, OR PERSONS INTRODUCED TO YOU BY THE SAME, WHETHER ONLINE, IN PERSON, OR OTHERWISE; OR (G) LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FLY AND FETCH SITE, THE FLY AND FETCH SERVICES, OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. THE LIABILITY OF FLY AND FETCH, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LOWER OF (A) THE ACTUAL AMOUNT OF DIRECT DAMAGES; OR (B) FEES PAID TO FLY AND FETCH BY YOU IN THE PRECEDING THREE (3) MONTHS.
3.3. No Warranty. THE FLY AND FETCH SITE AND FLY AND FETCH SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WHILE FLY AND FETCH ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE, CURRENT, AND TIMELY, FLY AND FETCH MAKES NO REPRESENTATIONS, WARRANTIES, OR COVENANTS, EXPRESS OR IMPLIED, REGARDING THE FLY AND FETCH SITE AND FLY AND FETCH SERVICES INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY, OR COVENANT THAT (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE FLY AND FETCH SITE OR ANY ITEM(S) MADE AVAILABLE ON OR THROUGH THE FLY AND FETCH SITE WILL BE OF MERCHANTABLE QUALITY AND/OR FIT FOR A PARTICULAR PURPOSE; (II) THE FLY AND FETCH SITE AND FLY AND FETCH SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY, OR SUITABLE FOR ANY PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE FLY AND FETCH SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (IV) THAT DEFECTS OR ERRORS IN THE FLY AND FETCH SITE, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED; (V) THAT THE FLY AND FETCH SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE FLY AND FETCH SITE WILL BE SECURE AND/OR NOT INTERCEPTED.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND USE OF THE FLY AND FETCH SITE AND FLY AND FETCH SERVICES IS ENTIRELY AT YOUR OWN RISK AND LIABILITY.
3.4. Release of Fly and Fetch. If you have a dispute with one or more users of the Fly and Fetch Site or Fly and Fetch Services, you release Fly and Fetch, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, in entering into this release you expressly waive any protections (whether statutory or otherwise), that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
3.5. Indemnification. You agree to indemnify and hold Fly and Fetch, its affiliates and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees on a solicitor and his own client basis and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use of the Fly and Fetch Site and Fly and Fetch Services, (iii) your communications or other interactions with others facilitated through the Fly and Fetch Site, or (iv) your violation of any law, rule or regulation, or the rights of any third party.
3.6. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Fly and Fetch. Always log into your Fly and Fetch Account through the Fly and Fetch Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
- General Use, Prohibited Use, and Termination.
4.1. General Use.
4.1.1 Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to these Terms, to access and use the Fly and Fetch Site, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for informational, transactional, or other approved purposes as permitted by Fly and Fetch from time to time. Any other use of the Fly and Fetch Site or Content is expressly prohibited. All other rights in the Fly and Fetch Site or Content are reserved by us and our licensors. We reserve all rights in the Fly and Fetch Site and Content and you agree that these Terms do not grant you any rights in or licenses to the Fly and Fetch Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Fly and Fetch Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Fly and Fetch Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without our prior written permission. If you violate any portion of these Terms, your permission to access and use the Fly and Fetch Site and Fly and Fetch Services may be terminated pursuant to these Terms. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “FlyandFetch.com”, “Fly and Fetch”, and all logos related to the Fly and Fetch Services or displayed on the Fly and Fetch Site are either trade names or trademarks of Fly and Fetch or its licensors. You may not copy, imitate or use them without Fly and Fetch’s prior written consent.
4.1.2. Website Accuracy. Although we intend to provide accurate and timely information on the Fly and Fetch Site, the Fly and Fetch Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Fly and Fetch Site (including, without limitation, the Content) are your sole responsibility and we shall have no liability for such decisions.
4.1.3. Third-Party Materials. From time to time, the Fly and Fetch Site may contain references or links to third-party materials (including without limitation websites) and third-party applications which are not controlled by us. Such information, links, and third-party applications are provided as a convenience to you. Such links should not be considered endorsements and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Fly and Fetch Site, including without limitation content, property, goods or services available on the linked sites or services.
4.1.4 . Third-Party Applications. If, to the extent permitted by Fly and Fetch from time to time, you grant express permission to a third party to access or connect to your Fly and Fetch Account, either through the third party’s product or service or through the Fly and Fetch Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for all acts or omissions of any third party using your Fly and Fetch Account credentials. Further, you acknowledge and agree that you will not hold Fly and Fetch responsible for, and will indemnify Fly and Fetch from, any liability arising out of or related to any act or omission of any third party using your Fly and Fetch Account credentials.
4.1.5. Application Programming Interface. Any person or entity who uses Fly and Fetch’s Application Programming Interface (“Fly and Fetch API”) must comply with these Terms and/or any other conditions as Fly and Fetch may put into place in its sole discretion from time to time. The Fly and Fetch API is owned by Fly and Fetch and is licensed to Fly and Fetch API users on a non-exclusive, non-sublicensable basis. Fly and Fetch reserves the right to restrict or limit use when, in its sole discretion, we identify abusive, burdensome, or prohibited use of the Fly and Fetch API.
4.2. Prohibited Use. In connection with your use of the Fly and Fetch Site and Fly and Fetch Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Use as defined in these Terms. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to cancel and/or suspend your Fly and Fetch Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with Prohibited Use.
4.3. Suspension, Termination, and Cancellation. Fly and Fetch may: (a) suspend, restrict, or terminate your access to any or all of the Fly and Fetch Site and/or Fly and Fetch Services, and/or (b) deactivate or cancel your Fly and Fetch Account if:
- We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
- We reasonably suspect you of using your Fly and Fetch Account in connection with Prohibited Use; or
- Use of your Fly and Fetch Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
- Our service partners are unable to support your use; or
- You take any action that Fly and Fetch deems as circumventing Fly and Fetch’s controls, including, but not limited to, opening multiple Fly and Fetch Accounts or abusing promotions which Fly and Fetch may offer from time to time; or
- If Fly and Fetch otherwise decides, in its sole discretion, to terminate or cancel your Fly and Fetch Account for any reason whatsoever.
You will not be charged for canceling your Fly and Fetch Account and will only be required to pay for those Fly and Fetch Services used that are subject to charges. If any transaction is in a pending state at the time your Fly and Fetch Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your Fly and Fetch Account to evade an investigation or avoid paying any amounts otherwise due to Fly and Fetch. Upon cancellation of your Fly and Fetch Account, you authorize Fly and Fetch to cancel or suspend pending transactions and hold the funds associated with such transactions until Fly and Fetch is certain that funding reversal windows are complete. In the event that you or Fly and Fetch terminates this agreement or your access to the Fly and Fetch Services, or deactivates or cancels your Fly and Fetch Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, Fly and Fetch may temporarily suspend access to your Account until the problem is resolved.
4.4. Your Submissions
The Fly and Fetch Site may provide features which allow you and others to post messages and content to designated areas on the Fly and Fetch Site, to participate in chat groups, to interact with Fly and Fetch and other users and to upload files, documents, or other materials (“Submission(s)”). Fly and Fetch does not control the content of any Submissions and has no obligation to monitor the Submissions. However, Fly and Fetch reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in Fly and Fetch’s sole discretion, are objectionable or in violation of these Terms. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.
4.5. Rules of Conduct Regarding Submissions
When using any of the features of the Fly and Fetch Site which allow you to post, upload, or make Submissions, it is a condition of your use that you do not:
- Restrict or inhibit any other user from using and enjoying the Fly and Fetch Site or Fly and Fetch Services, interfere or attempt to interfere with the proper workings of the Fly and Fetch Site, or do anything, which in the sole discretion of Fly and Fetch, imposes an unreasonable or disproportionately large load on the Fly and Fetch Site infrastructure;
- Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation;
- Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the applicable rights holder;
- Post or transmit any Submission which contains a virus or other harmful component;
- Post or transmit “junk mail,” “chain letters,” unsolicited mass mailing, or “spam”; and
- Use or “mine” the Fly and Fetch Site for commercial purposes, including, without limitation, posting, uploading, or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes or advertising other than as specifically authorized by Fly and Fetch.
4.6. Grant of Licence Regarding Submissions
By posting or uploading Submissions to the Fly and Fetch Site, you grant Fly and Fetch a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for the purposes of facilitating your use of the Fly and Fetch Site and Fly and Fetch Services; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) waive all moral rights in your Submission in favour of Fly and Fetch; (ii) consent to your name, address, and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission for the purposes of facilitating your use of the Fly and Fetch Site and Fly and Fetch Services; and (iii) acknowledge and agree that Fly and Fetch is not responsible for any loss, damage, or corruption that may occur to your Submission.
4.7. Submissions Made by Others
You understand that when using the Fly and Fetch Site and Fly and Fetch Services, you may be exposed to Submissions from a variety of sources, and that Fly and Fetch is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against Fly and Fetch with respect thereto.
- Our Relationship with You.
5.1. Relationship of the Parties. In no event shall Fetchers or Fetchees be deemed to be an employee, partner, contractor, joint venturer, or agent of Fly and Fetch.
5.2. Service Providers. From time to time, Fly and Fetch may engage third parties to assist Fly and Fetch in providing certain aspects of the Fly and Fetch Services (each, a “Service Provider”). Service Providers may include, but are not limited to, Fly and Fetch’s technology or engineering service providers.
5.4. Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Fly and Fetch Site or Fly and Fetch Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Fly and Fetch Account by third-parties and the loss or theft of information from your Fly and Fetch Account. You are responsible for keeping your email address and phone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Fly and Fetch Account information has been compromised, contact Fly and Fetch Support immediately at [email protected]
5.5. Consent to Electronic Records. By using the Fly and Fetch Services, you agree that Fly and Fetch may provide you with any notices or other communications about your Fly and Fetch Account and the Fly and Fetch Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Fly and Fetch Site. For notices made by email or text message, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your Fly and Fetch Account and your Fly and Fetch Account will be cancelled.
5.6. Notices to Fly and Fetch. We prefer receiving notices to Fly and Fetch electronically through our support system at [email protected]
- Prohibited Uses.
6.1. Prohibited Uses. You may not use your Fly and Fetch Account to engage in the following categories of activity (“Prohibited Use”). By opening a Fly and Fetch Account, you confirm that you will not use your Account to do any of the following:
- Provide deliveries for a commercial purpose or for a profit beyond partial compensation for travel expenses paid by the Fetcher;
- Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections);
- Partake in a transaction which involves the proceeds of any unlawful activity;
- Partake in any transaction involving online gambling;
- Defraud or attempt to defraud Fly and Fetch or other Fly and Fetch users;
- Infringe upon Fly and Fetch’s or any third party’s copyright, patent, trademark, or intellectual property rights;
- Provide false, inaccurate or misleading information;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
- Interfere with another individual’s or entity’s access to or use of any of the Fly and Fetch Services;
- Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
- Publish, distribute or disseminate any unlawful material or information;
- Transmit or upload any material to the Fly and Fetch Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
- Harvest or otherwise collect information from the Fly and Fetch Site about others, including without limitation email addresses, without proper consent;
- Act as a payment intermediary or aggregator or otherwise resell any of the Fly and Fetch Services, unless expressly authorized by Fly and Fetch in writing;
- Transfer any rights granted to you under these Terms;
- Use the Fly and Fetch Account information of another party to access or use the Fly and Fetch Site;
- Otherwise attempt to gain unauthorized access to the Fly and Fetch Site, other Fly and Fetch Accounts, computer systems or networks connected to the Fly and Fetch Site, through password mining or any other means; or
- Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.
6.2. Examples of Restricted Items. Some examples of items that may be prohibited, limited, and restricted in certain jurisdictions and therefore are not eligible for transport include but are not limited to the following:
- Alcoholic beverages;
- Weapons, weapons parts, and any materials that can be used to produce them;
- Certain medication or herbal supplements;
- Narcotics, Cannabis, and other form of prohibited drugs;
- Items that are of a sexual/adult nature (e.g. pornography);
- Items that are of an offensive and violent nature, including items associated with hate organizations (e.g. torture devices, snuff films);
- Live or Dead Animals;
- Food, Meat Products, and Unsealed Food Container;
- Processed and unprocessed animal and vegetable products;
- Currencies that goes above the threshold (e.g. $10,000);
- Tobacco and tobacco-related items;
- Items that violate copyright or trademark laws, restricted software, bootleg recordings, items that would enable duplication of copyrighted material, counterfeit items;
- Stolen property;
- Objects which, by their shape, nature or packaging, may represent a danger to persons, or which may cause damage or soil the goods of third parties (including packages);
- Chemicals, explosive, flammable or radioactive substances, infectious substances, carbon dioxide in solid form (dry ice) or other dangerous substances that may constitute a hazard;
- Gases under pressure, toxic or corrosive substances, fuels and organic peroxides; and
- Any form of human trafficking.
- Sample Considerations For Agreements Between Fetchers and Fetchees.
7.1. Sample Considerations. Although Fly and Fetch does not participate in any agreements made between the Fetcher and Fetchee with respect to the delivery of goods, it provides the following examples of terms that should be considered by the Fetcher and Fetchee when entering into a delivery agreement:
Issues to Consider/Include
Fetchee and Fetcher details
The name, address, and contact information of both the Fetchee and Fetcher.
Include relevant details such as the nature of the goods, their approximate value, dimensions, weight, their purpose as well as whether the goods are breakable or perishable and whether they will be used for personal or commercial purposes.
Description of how the item will be transported
How are the items to be transported? What are the details of the flight?
Taxes, customs duties and other expect costs
Details of any transport costs, taxes, customs and import duties, etc. required to be paid by the Fetcher to transport the goods.
Location and manner of pickup
Include a detailed description of where the item can be picked up, from whom, whether payment is required and if so how much.
Date and time of pickup
When the item is to be picked up. Be sure to include the applicable time zone.
Terms of any compensation to be paid by the Fetchee to the Fetcher
The amount and type of compensation, if any, to be paid by the Fetchee to the Fetcher. Consider whether payment will be made as a flat fee, or whether it will include reimbursement of expenses such as customs duties, packing supplies, etc.
Manner of payment (how it is being paid and when)
Include details of when the payment is being made, how payment is to be made, and any variables that may change (such as who will be responsible if the customs duties or other charges are different than estimated). Include whether the whole amount will be paid up front, after delivery, or some combination thereof.
Risk of Loss
Describe who bears the risk of loss, damage or confiscation in the event that items being transported are lost, damaged or confiscated prior to delivery to the Fetchee.
Whether the Fetcher or Fetchee will be required to insure the items for transport. This should be consistent with the risk of loss, damage and confiscation.
Delivery date and time
When the final delivery is to be made to the Fetchee. Be sure to include the applicable time zone.
Include a detailed description of where the item should be dropped off by the Fetcher.
Add any additional details that may be relevant to the goods and manner in which they are being delivered.
- Customer Feedback, Queries, and Complaints.
8.1. Contact Fly and Fetch. If you have any feedback, questions, or complaints, contact us via our email at [email protected] or write to us at Fly and Fetch Customer Support. When you contact us please provide us with your name, address, and any other information we may need to identify you, your email address associated with your Fly and Fetch Account, and the issue with which you have feedback, questions, or complaints.
8.2. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Fly and Fetch must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
- General Provisions.
9.1. No Endorsements. Unless specifically stated, Fly and Fetch does not recommend or endorse any specific brand of products, services, procedures, or other information that appears on or that may be advertised on the Fly and Fetch Site.
9.2. Communications Using the Site and Services. The Fly and Fetch Site may allow you to communicate with other users, service providers and one or more third parties by email or by other electronic means. Communications sent using the Fly and Fetch Site may not be secure and may be intercepted or otherwise accessible by unauthorized third parties.
9.3. Use Restrictions. Use of the Fly and Fetch Site and Fly and Fetch Services is unauthorized in any jurisdiction where the Fly and Fetch Site or Fly and Fetch Services or any of the content appearing on the Fly and Fetch Site may violate any laws or regulations. You agree not to access the Fly and Fetch Site or use the Fly and Fetch Services in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms) is entirely at your own risk.
9.4. Entire Agreement. These Terms set forth the entire understanding and agreement between you and Fly and Fetch as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), and every nature between and among you and Fly and Fetch.
9.5. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fly and Fetch without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Fly and Fetch Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
9.6. Severability. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
9.8. Survival. All provisions of these Terms which by their nature extend beyond the expiration or termination of this agreement, including, without limitation, sections pertaining to suspension or termination, Fly and Fetch Account cancellation, debts owed to Fly and Fetch, general use of the Fly and Fetch Site, disputes with Fly and Fetch, limitations of liability, indemnification, and general provisions, shall survive the termination or expiration of these Terms.
9.9. Governing Law. The Fly and Fetch Site is operated and the Fly and Fetch Services are provided by Fly and Fetch from its offices within the province of Alberta, Canada. You agree that all matters relating to your access to the Fly and Fetch Site and use of the Fly and Fetch Services shall be governed by the laws of the province of Alberta and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of Alberta with respect to all matters relating to your access to the Fly and Fetch Site and use of the Fly and Fetch Services as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of Alberta and of Canada. You hereby specifically waive your right to participate in a class action lawsuit and class-wide arbitration.
9.10. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
9.11. Reporting Improper Behavior. If you feel a Fetcher, Fetchee or any other user of the Fly and Fetch Site or Fly and Fetch Services is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, then you shall immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at [email protected]; provided, however, that any such report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
9.12. Section Headings. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
9.13. English Language Controls. Notwithstanding any other provision of these Terms, any translation of these Terms is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
9.14 Updates. We may amend or modify these Terms by posting updated terms on the Fly and Fetch Site and revising the “Last Updated” date at the bottom of these terms or emailing to you the revised Terms, and the revised Terms shall be effective at such time. Your continued access to the Fly and Fetch Site after such time will constitute acceptance of the revised terms. We may (a) modify or discontinue any portion of the Fly and Fetch Site or Fly and Fetch Services, and (b) suspend or terminate your access to the Fly and Fetch Site and/or Fly and Fetch Services, at any time, and from time to time, without notice to you. You agree that we shall not be liable to you or any third party for any modification or termination of the Fly and Fetch Site or Fly and Fetch Services, or suspension or termination of your access to the Fly and Fetch Site or Fly and Fetch Services, except to the extent otherwise expressly set forth herein.
These Terms were last updated on November 12th, 2019