Terms & Conditions

Terms of Services

GENERAL

YOU ACKNOWLEDGE THAT PEERCEL DOES NOT PROVIDE MOVING OR LOGISTICS SERVICES OR FUNCTION AS A MOVING CARRIER. PEERCEL’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE MOVING OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS.

 

CONTRACTUAL RELATIONSHIP

The terms and conditions herein constitute a legal agreement between you and Peercel Inc. In order to use Peercel’s software application,  you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by Peercel Inc (collectively, the “Service”), and downloading, installing or using any associated software supplied by Peercel which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement.

 

Peercel reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service and Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to all such changes.

 

OUR SERVICES UNITE MOVERS AND SENDERS

 

Our Applications and Services make possible a connection between those individuals and/or businesses that want to contract with someone to pick-up, carry, move and/or deliver personal property and goods (“Senders“) and those individuals and/or businesses seeking to perform the pick-up, carrying and delivery services requested by a Sender (“Movers“).

 

The performance of pick-up, carrying and delivery services by a Mover, the time period in which these services are performed by a Mover, as well as the item(s) or personal property and goods being picked-up, carried and/or delivered by a Mover , are collectively referred to as a “Job.” Movers and Senders together are referred to as “Users“.

 

DISCLAIMER

YOU AGREE THAT PEERCEL HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY MOVING OR LOGISTICS PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE (INCLUDING WITHOUT LIMITATION THE SERVICES, MOVERS AND SENDERS) IS PROVIDED ON AN “AS IS” BASIS AND THAT ANY USE OF OR RELIANCE ON THIS SERVICE SHALL BE AT YOUR SOLE RISK.

PEERCEL MAKES NO REPRESENTATION OR WARRANTY AND DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THE SERVICE OR THIRD PARTY PROVIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. PEERCEL WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY PROVIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGEMENT. PEERCEL SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.

PEERCEL DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATIONS ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE.

 

PERMITTED WAYS OF TRANSPORTATION

  • Your Mover’s main transportation should be Truck, Pickup truck, SUV, Van or Sedan.
  • Your Mover may refuse to accept oversize, illegal items as depicted below.

THE FOLLOWING ITEMS ARE NOT TO BE ARRANGED FOR TRANSPORT USING THE SERVICE

 

The following items are not to be arranged for transport using the Service.

  • Animals
  • People
  • Illegal items
  • Fragile items
  • Very expensive or rare items
  • Dangerous goods such as:
    • Explosives
    • Firearms
    • Flammables, etc
  • Stolen goods
  • Any items which you do not have permission to send
  • Cremated remains, human remains, fetal remains, human body parts, or components thereof.
  • Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages
  • Food and other perishable products
  • Coins, currency, postage stamps, negotiable instruments, money orders
  • Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons

If your Mover refuses an item due to weight and size or because it is a restricted item, a cancellation fee will apply to you. Additionally, your profile rating will be affected  and you may be removed from the Peercel network. Movers may refuse to deliver goods at their sole discretion.

PACKAGING AND OPEN BOX POLICY

Peercel encourages the use of minimal packaging both to help our environment and so Movers know what they are taking along on their ride. When packaging is required or desired, Peercel supports and strongly encourages its Movers and Senders to always use an Open Box Policy.

 

If a Sender doesn’t leave the packaging open,  Movers may refuse to complete the job until a Sender opens the package.

 

DON’T CARRY A PACKAGED ITEM UNLESS YOU KNOW WHAT IS INSIDE!

 

It is a Mover’s responsibility to know the contents of all items in the item being carried. Movers must visually inspect all items packaged in a Job before leaving. A Mover is NEVER under an obligation to take or bring anything that hasn’t been inspected and can always cancel the Job without penalty if the Sender does not allow you to inspect or gives you a hard time about asking to inspect.

Even if you inspect a Job, IF YOU STILL FEEL UNCOMFORTABLE CARRYING IT, you can cancel without penalty.

No Mover should ever feel obligated to carry any Job. It is the Mover’s right to say no!

INTERNET DELAYS

 

Peercel’s service and software is provided AS IS and may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic delivery communication system. Peercel is NOT responsible for delays, failures, or other damages resulting from such issues.

 

CUSTODY OF YOUR DELIVERY

 

There must be someone at the delivery address to receive your item(s). Peercel is not responsible for goods being returned to the Sender should no one take custody of the delivered goods. The sender is responsible for providing drop off instructions to the Mover in the event that no one is available to receive the item upon delivery.  

CANCELLATION AND ORDER FULFILLMENT POLICY

 

If a cancellation was made by the Sender on the day of deliver. One of the following penalties will be enforced on the Sender.

  • If the Mover is already in possession of the item and has been dispatched to deliver the item to the delivery destination, the Sender gets no refund
  • If Mover is not in possession of the item, the sender will receive a 50% refund

INDEMNIFICATION

You agree to indemnify and hold Peercel and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Service or services or goods obtained through your use of the Service; (ii) your breach or violation of any of these Terms; (iii) Peercel’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

 

LICENSE

Subject to your compliance with these Terms, Peercel  grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal. Any rights not expressly granted herein are reserved by Peercel.

 

USER ACCOUNTS

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Uber certain personal information, such as your first and last name, email address and user image. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Peercel’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Peercel in writing, you must only possess one Account.

 

USER REQUIREMENTS AND CONDUCT

The Service is not available for use by persons under the age of 18. You must not authorize third parties to use your Account, and you must not allow persons under the age of 18 to receive moving Services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Service, and you may only use the Service for lawful purposes (e.g., no movement of unlawful, hazardous materials or forbidding items according to Peercel’s terms and condition). You will not, in your use of the Service, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Service, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

 

MOVERS REQUIREMENTS AND CONDUCT

All Movers are must be of legal age to drive in Canada or the legal driving age in your jurisdiction. Movers are required to create a driver account to use the Service. The driver account must include a valid drivers licence, a valid certificate of insurance, vehicle information including color, manufacturer, manufactured date, model, vehicle type (e.g Truck, Van, Pickup Truck etc). The driver account may be suspended or deactivated if the mover violates any of these Terms or if the mover’s rating score goes below 3.

 

 

PAYMENT

All Charges are due immediately and payment will be facilitated by Peercel using the payment method designated by the Service, after which Peercel will send you a receipt by email.

As between you and Peercel, Peercel reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Service at any time in Peercel’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Peercel will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Peercel may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Charges applied to you.

DAMAGES

If an item or something that belongs to you is damaged or stolen during the process of using the Service, Peercel is in no way responsible or accountable for covering those damages. However, you can submit a claim to info@peercel.com  and it can go through the claims process. The claims process may include communication with the Moving Provider in order to settle any disputes.

GOVERNING LAW

These terms and conditions are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Site, you hereby irrevocably submit and attorn to the provincial and federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the Site, this agreement or any related matters.

LIMITATION OF LIABILITY

PEERCEL SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF PEERCEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PEERCEL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF PEERCEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PEERCEL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PEERCEL’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY MOVING PROVIDERS PROVIDING MOVING SERVICES REQUESTED THROUGH PEERCEL MAY OFFER PEER-TO-PEER MOVING SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

 

RELATIONSHIP BETWEEN DRIVERS AND THE COMPANY

 

If you are using Peercel, you are an independent contractor and you are not an employee, owner, joint venture, partner or agent of the Company and that there absolutely no employment agreement between you and the company.

 

TERMINATION OF AGREEMENT

 

This Agreement is effective upon the use of the Software or the Service. You or the Company may terminate your participation in the Service at any time, for any reason and the Company may prohibit your use of the Software or Service at any time in its sole discretion. The terms of this Agreement, and any subsequent modification of this Agreement, shall remain in effect at all times after you or the Company terminate your participation or access to the Software or Service.

By using the Peercel technology, you warrant that you:

  • Are legally capable, or have the authority, of entering into binding contracts
  • You are at least 18 years old.