Terms & Conditions

Last Updated: July 30, 2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE/SERVICES AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SHYPPO.

By Signing up as a “Driver” and/or “Shypper”, and/or logging in as a “Driver” or “Shypper”, you acknowledge that you agree to these Terms and Conditions and also to our Privacy Policy which describes how we collect, use, and disclose your personal information.

INTRODUCTION

These Terms and Conditions (“Terms”) describes terms and conditions that Shyppo Shipping Inc., an Alberta Corporation (collectively “Shyppo”, “we”, “us” “our”) requires users, prospective users, customers, and other visitors (collectively “you”, “your”, “user”, “Driver”, “Shypper”, “Recipient”) to understand and accept in order to access and use our Websites and applications (collectively “Website”, “Platform”, “Services”).

Your use and access of the Website constitutes your acceptance to be bound by these Terms, which establishes a legal agreement between you and Shyppo. If you do not agree to or understand these Terms, you should not access or use the Services and navigate away from the Website immediately. These Terms explicitly replace any prior agreements or arrangements with you. Shyppo may immediately modify or terminate these Terms or any Services with respect to you, or stop offering or deny access to the Services or any portion thereof, for any reason, at any time. We reserve the right to update these Terms and Conditions at any time, so please review this page frequently to ensure you are familiar with the most up to date version.

 

SERVICES

These Terms and Conditions specifically applies to:

  • Drivers: Any user (Individuals or businesses) that offer motor vehicles used to transport or deliver goods.
  • Shyppers: Any user (Individual or business) of the Services that is identified as the shipper, consignor, or that owns the goods being transported.
  • Recipient: Any user (Individual or business) of the Services that is identified as the shipper, consignee, or that owns the goods being transported.
  • User: Any person or business that signs up to potentially use our Platform

All those subject to these Terms are referred to collectively as a “user” in these Terms and Conditions.

Shyppo’s Platform is a digital intermediary, and our technology and Service facilitates the connection between Drivers and Shyppers for the purpose of logistical / delivery transactions and allows them interact and to enter into agreements together. You acknowledge that Shyppo is NOT a transportation or delivery/courier company nor do we provide any transportation or delivery services. We do not own any transportation or delivery vehicles. We do not enter into any shipping agreement made between Shyppo and Shyppo users via the Shyppo platform. Therefore, we are not in any way responsible for the fulfilment, accuracy of listings, ability of Drivers to transport items, ability of Shyppers to send items, performance, quality, safety, legal aspects, actions, inactions, the delivery or non-delivery of any goods by any user. We are not in any way an employer of any user that hires or gets hired for delivery job via our Platform. Therefore, you also acknowledge that Drivers are considered independent contractors and are temporarily hired by the Shyppers to perform a particular delivery for the Shypper. It is entirely the Driver and Shyppers choice whether to provide and offer the delivery services they have been offered or offer themselves and Shyppo has no control or influence over these choices or actions made by any users of the Service. You agree and accept that any and all correspondence, communications, or any warranties or representations made in regard to the organization of logistical / delivery services are not provided by us and are explicitly and exclusively between You and other user(s). YOU AGREE THAT YOU ACCEPT ANY AND ALL RISK RELATED TO ALL DEALINGS WITH OTHER USERS AS AN INDIRECT OR DIRECT RESULT OF USING THE SERVICES.

 

BACKGROUND & IDENTITY CHECKS / SECURITY / SAFETY

Drivers agree that the information they provide via the sign-up page may be used to perform a standard background and/or identity check conducted by one or more third-party agencies. Shyppo does not perform background nor identity checks on Shyppers. Due to the difficulty of individual verification and knowing that no processes or checks are 100% accurate, we cannot and do not guarantee the verification of any of our user’s identities. They should not be exclusively relied upon by our users and should never be used as a substitute for your own personal judgement / gut feeling when dealing with other users. Always exercise caution and awareness for your own safety at all times during interactions with other users. All users agree and accept that by using our Services that they may be subjected to unknown third-parties, people, users, items, contents, or situations that may be or possibly could be unsafe, risky, hazardous, offensive or otherwise dangerous.

 

INDEMNIFICATION

You fully agree to defend, indemnify and hold harmless Shyppo and all of Shyppo’s staff, including but not limited to directors, officers, employees, and Shyppo’s agents, advisors, attorneys, accountants and any third parties mentioned in relation to the Services, from and against any and all costs, claims, expenses, actions, fines, penalties, losses, damages, injuries or deaths, demands, your attorney fees, and liabilities made from any third party due to or resulting from or in connection with your use or misuse of the Service or Services or goods acquired from your use of the Service, your negligence, your violation or breach of any of these Terms, your interaction with any other user of the Services, your violation of any law, violation of the rights of any third parties, including third party providers, your user content, or Shyppo’s use of your user content. Shyppo reserves the right, at its own expense to undertake the exclusive control and defence of any matter otherwise subject to indemnification by you, and you agree to cooperate as completely as reasonably required by Shyppo. This indemnification clause is an essential component of the foundation of the agreement between Shyppo and you.

 

LIMITATION OF LIABILITY

You fully agree that Shyppo shall not be responsible or liable to you or any third party for any loss of profits, direct, indirect, incidental, consequential, special, liquidated, exemplary, or punitive damages, including but not limited to lost profits, revenue, data, or savings; personal injury or death, emotional distress, goodwill, reputation,  property damage, or any other tangible or intangible loss resulting from your conduct or conduct towards you, either directly or indirectly from the use or misuse of our Services, or goods acquired from your use or misuse of the Service, inability to access or use the Services, your negligence, you or any user’s acts or omissions, your violation or breach of any of these Terms, as a result of your account being suspended or terminated, your interaction with any other user of the Services, your violation of any law, violation of the rights of any third parties, including third party providers, your user content, or Shyppo’s use of your user content regardless of whether Shyppo could have foreseen or had been advised of the possibility of such claim, loss, or damage.

You fully agree that Shyppo does not have any duty to evaluate the ability, legality or suitability of any user to perform or complete any delivery and you explicitly release and waive Shyppo from any and all liability, damages, or claims resulting from or in any way related to a user’s actions or inactions of a delivery. You fully agree that any user providing any delivery that is connected with you or any other user of the Service may not have the proper insurance and may not be professionally permitted or licensed to perform any delivery as a result of using the Service. These limitations of liability will apply regardless of the form of action, whether in contract, civil or strict liability, tort, breach of warranty or otherwise. In no event or circumstance shall Shyppo’s total liability to you in association with the Services for all damages, causes of action, and losses exceed the amount paid by you to Shyppo or to you by Shyppo for the user of the Services in the four months preceding the event resulting from such claim, or $500.00. In addition, the existence of more than one claim under these Terms will not increase the maximum liability amount.

Shyppo’s Service may be used by you to arrange and schedule delivery services with other users, but you fully agree and accept that Shyppo has no responsibility or liability to you in relation to any delivery services provided to you by said users other than what is explicitly described in these Terms. Shyppo will also not be, in any way, a party to any disputes between any users of the Service.

 

DISCLAIMER OF WARRANTIES

Despite great care being taken to ensure that the Services will be provided correctly, you explicitly agree, that to the extent permitted by applicable law, we exclude all implied or express warranty, terms, and conditions including, but not limited to warranties of title, merchantability, non-infringement, and of fitness for a particular purpose and that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Therefore, your use and dependence on the Services is at your own risk. You fully agree that we cannot guarantee the accuracy, security, completeness, results that may be obtained from the use of the Service including the quality of the product and/or service received, the timeliness, reliability, completeness, content or accuracy of any user, user statement or listing on our Platform, or our Service, or continuous operation of our Service and that under no conditions will Shyppo be held responsible or liable for any Service interruptions, delays, errors, glitches, outages, or failures resulting directly or indirectly from technical issues or various factors outside of our control. Always exercise caution and awareness for your own safety at all times during interactions with other users.

 

USER REPRESENTATIONS

As a user of the Service, you fully agree that every time you access, use, or communicate with or within the Platform you explicitly agree, warrant, and represent that:

  • You have the legal capacity, authority, and right to enter into the agreements described in these Terms and that you’re able to satisfy your obligations as described in these Terms
  • You will not violate the terms of these Terms and Conditions
  • You are at least 18 years of age
  • You are legally entitled to perform work in Canada.
  • You will only create a maximum of one Driver user account/profile and a maximum of one Shypper user account/profile, unless you are creating a Driver and/or Shypper profile for a business in which you are legally permitted to represent.
  • You will keep your user account password secure and confidential
  • If you are accessing or using the Platform on your phone or other devices while in your vehicle, you will do so in a stationary position, safely, and away from any traffic or other danger. You will never access or use the Platform while actually driving and you must obey all applicable traffic, hands-free, and distracted driver laws. Shyppo will not be held liable or responsible in any way for failing to do so.
  • Your use of the Platform is for your own personal use and you will not resell, loan, borrow, or lease any portion of it or access to it to a third party.
  • You will not use the Service for the purpose of back-solicitation or double-brokering.
  • You will only sign up under your own identity and will not impersonate any person or otherwise fraudulently misrepresent yourself to be someone else.
  • You will accurately and truthfully fill out all required data sections of the sign up pages, including accurate photo uploads of the requested identifying documentation.
  • You have read and fully understand and agree to the RESTRICTED / PROHIBITED ITEMS clause below.
  • You will not include any external links, personally identifiable information, or contact information in the Biography section of your profile that could potentially put yourself in danger and/or is designed to circumvent the Service.
  • This Platform is to be accessed and used in Canada only.
  • A rating system for feedback must and will be used for all users
  • You will not represent yourself to be an employee, subcontractor, representative, agent, or affiliate of Shyppo.  
  • You will not violate any international, national, provincial, or local/municipal law, regulation, rule, or statute.
  • You will not use or access the Platform, or perform and/or receive delivery services for shipping, sending or storing any illegal or unlawful item(s), for fraudulent, unethical, dishonest or illegal activities.
  • Any details or information you receive from any users in relation to any delivery service agreement you enter into with that user will be kept confidential and you will not disclose that information to any other third party, except as necessary to perform the duties of the delivery as described under these Terms. Any of these details or information will not be saved or stored by you once the delivery is complete, except for related earnings and/or tax reason (i.e. mileage driven, addresses, or billing/invoice details given).
  • You will not contact any other user directly or outside of the Platform once your delivery has concluded with them, except for confirmation or dispute purposes. You will not contact any user for the purpose of circumventing the Service especially in an effort to obtain or acquire new customers for yourself or your business.
  • You will treat all users, third parties, and Shyppo staff with respect and will not harass, intimidate, threaten, defame, be aggressive or violent towards or cause physical or mental distress to any user, third party, or Shyppo staff.
  • You will not discriminate against any user or staff based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
  • You will not infringe on Shyppo’s intellectual property rights, including but not limited to copying or distributing any text, images, software, programming code, or other materials related to our Platform without written permission from Shyppo.
  • You will not infringe on any user’s, third party’s, or Shyppo’s privacy, publicity, or contractual rights in any way.
  • You will not disassemble or reverse engineer the Service or access the Platform to duplicate any features, functions, design, or ideas of the Service.
  • You will not index, survey, or data mine any portion of the Platform or excessively hinder the operation of the Service
  • You will not attempt to gain unauthorized access to the Service or it’s related systems and/or networks.
  • You will use or access the Service in good faith and you will not use or access the Service or perform or receive any delivery services in any way that may cause any inconvenience or could negatively affect other users.
  • You will not knowingly create any sort of risk or liability for Shyppo through your actions and use of the Service.
  • You will not create any listing(s) that contain obscene, suggestive, defamatory, or offensive content
  • You will not create any listing(s) that contain any external links, personally identifiable information of you or anyone else, advertising, or other contact information that may be used to circumvent the Service.
  • You will not attempt to disrupt our Services in any way, including but not limited to malicious computer acts such as uploading or inserting hardware, software, viruses, Trojan horses, worms, or any other computer programming, language, or code into or onto our Platform.
  • You will not modify or attempt to modify the Platform
  • You will not examine or assess the security or our Platform or search for vulnerabilities within the Platform.

 

SHYPPER SPECIFIC REPRESENTATIONS

In addition to fully agreeing to the User Representations (found above), as a Shypper on the Shyppo Platform you also you fully agree that every time you access, use, or communicate with or within the Platform you explicitly agree, warrant, and represent that:

  • You will prepare, pack up, secure, and/or package all of the goods in an appropriate and suitable manner so that no damage will be caused to the goods during the transportation by the Driver. We recommend you use enough packaging to keep your goods safe and secure and in compliance with any applicable laws, but not an excessive amount for environmental purposes and so that the Driver knows what they are delivering for you.
  • You must allow the Driver to thoroughly inspect all the goods you have requested them to deliver for you before they leave the pick-up location. You must allow the Driver to take pictures and take note of any blemishes, scratches, broken parts, etc. prior to them leaving the pick-up location. If the package is sealed and the Driver is unable to inspect the contents, then it is expected that you still allow them to take pictures and take note of any damage to the outside of the package. If the package is or contains personal effects such as a suitcase, purse, wallet, etc. then you do not have to permit that the Driver inspects the contents, but it is expected that you still allow them to take pictures and take note of any damage to the outside of the suitcase, purse, wallet, etc.
  • You will not send anything over $2000 in value (collectively) and fully agree that $2000 is the maximum insurable amount you may be covered for in instances of damaged, lost, or stolen goods.
  • You will accurately list your delivery requirements to the best of your knowledge. This includes the description, quantity, weight, size, value, and delivery notes. Failure to do so may result in the Driver unwilling to delivery your goods. You also agree that Shyppo may edit or delete your listing(s) at any time without notice or reason.
  • You are responsible for the contents of all the shypment details and by hiring a Driver on the Platform that you fully agree that you are entering into a legally binding agreement WITH THE DRIVER to have them complete the delivery services as requested by you the Shypper.
  • You will notify the police and Shyppo immediately via support@shyppo.com if you suspect any type of suspicious activity or fraud from the Driver (i.e. if the Driver’s personal or vehicle description does not match who you were expecting to arrive from your ‘Confirmation’ email. 

 

RESTRICTED / PROHIBITED ITEMS

You fully agree that you will not list, send, or deliver any prohibited, restricted, hazardous, or dangerous goods through our Platform that violates any applicable national, provincial, inter-provincial, and/or local/municipal laws, regulations, rules, or statutes. You are also fully responsible for being aware of any restrictions for any goods in regards to quantities being transported, or age restrictions. The restricted / prohibited items not allowed via the Platform includes but is not limited to:

  • Anything illegal, prohibited, hazardous, and/or considered a dangerous good by definition.
  • All alcohol, tobacco, marijuana, firewood, firearms, weapons, ammunition, lottery tickets, cash, or gambling devices.
  • Live animals
  • Anything collectively over 500lbs in total weight per shipment.
    • NOTE: If individual items are greater than 50lbs, please label the box/package accordingly, mention it in your ad, and notify the driver before they attempt to lift the overweight item(s).

 

DRIVER SPECIFIC REPRESENTATIONS

In addition to fully agreeing to the User Representations (found above), as a Driver on the Shyppo Platform you also you fully agree that every time you access, use, or communicate with or within the Platform you explicitly agree, warrant, and represent that:

  • All packages will be secured and safely tied down, or secured in the trunk.
  • You and your delivery vehicle being used has valid, correct, and appropriate insurance type and coverage, licensing, permit(s), and registration to operate and perform the delivery of the goods in which you were hired for, in the jurisdiction(s) and/or Province(s) in which you are performing the delivery.
  • SHYPPO STRONGLY RECOMMENDS THAT YOU INQUIRE WITH YOUR INSURANCE PROVIDER AND/OR OTHER PROFESSIONALS TO ENSURE YOU OBTAIN AND HAVE/POSSESS THE CORRECT PERMITS, LICENSES, AND INSURANCE COVERAGE IN ORDER TO PERFORM DELIVERIES YOU AGREE TO THROUGH THE PLATFORM.
  • You acknowledge that you are fully aware of and understand all the coverages, limitations, and clauses of your own auto insurance policy and you acknowledge you have and will maintain the correct type, coverage, and amount of insurance to appropriately cover yourself against any and all possible claims against you while performing the delivery. Many insurance companies require delivery Drivers to have some type of commercial insurance if they are using a personal vehicle for business purposes, regardless of how frequently or infrequently and as a delivery Driver you acknowledge that you are aware that your standard auto liability insurance may not provide coverage while you are performing a delivery.
  • You fully agree that you are acutely aware of and acknowledge that you have and will maintain the correct and appropriate amount and type(s) of any liability insurance, courier/commercial insurance, and/or “compensation for hire” coverage(s) in your insurance policy as required by Provincial law and as required by your insurance company to allow for the delivery of goods via the Platform.
  • You allow to have your credit card pre-authorized at the time the Platform matches you with a Shypper, and that you are liable and responsible for 100% of the replacement value of the goods that you were hired by the Shypper to deliver.
  • You are fully responsible for the safe and timely delivery of all packages you agree to deliver.
  • At all times, but especially when you are in the process of performing the delivery (or on your way to pick up the package(s)), that you are physically and mentally fit and able to operate a motor vehicle safely and will drive in a safe manner and to the road conditions you encounter.
  • You realize that you do NOT have to accept any package that you are not comfortable delivering, regardless of the contents, weight, size, etc. Shyppo does not want users transporting something that they are not comfortable with, especially in a manner that is not 100% safe.
  • You must thoroughly inspect all the goods you are expected to delivery before you leave the pick-up location. You must take pictures and take note of any blemishes, scratches, broken parts, etc. prior to leaving the pick-up location. If you do not document any of the damage prior to departing the pick-up location, it will be assumed that you as the Driver caused the damage and will be liable to the Shypper and/or recipient for repair or replacement costs. If the package is sealed and you are unable to inspect the contents, then you are expected to take pictures and take note of any damage to the outside of the package. If the package is or contains personal effects such as a suitcase, purse, wallet, etc. then you are not expected to inspect the contents, but you are still expected to take pictures and take note of any damage to the outside of the suitcase, purse, wallet, etc.
  • You will take pictures of the package delivered at the destination. If no one is home, Shyppo recommends pictures of the package sitting at the door, plus one of the front of the house. Although the Platform only allows for two photos to be uploaded, we encourage you to take more photos and save them for at least a few days. We also strongly recommend turning your geotagging feature on (most phones are set to ‘on’ by default, so if you don’t know what we’re talking about, yours is probably already on).
  • You fully agree that if you get injured or hurt while performing a delivery that you are explicitly responsible for your own medical costs or care that you may require.
  • Your delivery vehicle is properly insured, safe, road worthy, suitable to perform the delivery, and has been properly maintained.
  • You are responsible for all parking fees, road tolls, and any other additional expenses that you may encounter while performing the delivery. This also includes, but is not limited to fuel, mileage, cellular phone expenses, meals, insurance, traffic tickets, wear and tear, and maintenance for your vehicle. It is not the responsibility of Shyppo or the Shypper to notify or indicate to the Driver of any such possible fees that they may encounter while performing the delivery.
  • You are fully responsible for any and all forms of taxes that you may or may not be responsible to collect, submit, pay, or claim. If you are registered to collect GST, you may be able to claim the GST amount we charge on the Driver connection fee against your remittances. We recommend you discuss with your accountant in these matters as everyone has their own unique situation. Shyppo cannot and will not provide you with any tax advice other than what is stated directly above.
  • You are legally able to transport the goods you acquire for delivery through the use of the Service and that you will comply with all national, provincial, and/or local/municipal laws, regulations, rules, statutes, insurance and licensing requirements that may apply.
  • You are responsible for being aware of and following all applicable laws regarding the transportation of goods and prohibited goods, inter-provincially and within the province you are delivering the goods.
  • You fully agree and accept that Shyppo is not required to hold, nor do we hold, any funds in any Trust accounts in regards to the Province of Ontario transportation requirements for freight broker and/or forwarding activities.
  • You are responsible for reading all the shypment details and by being hired by a Shypper on the Platform that you fully agree that you are entering into a legally binding agreement WITH THE SHYPPER to complete the delivery services as requested by the Shypper.
  • You will notify Shyppo immediately via support@shyppo.com if you realize a package is not as described by the Shypper for further direction. If you are uncomfortable, unable, or unwilling to deliver the package based on your assessment of the package, you will not be penalized by Shyppo.

 

INSURANCE RECOMMENDATIONS FOR DRIVERS

SHYPPO STRONGLY RECOMMENDS THAT YOU INQUIRE WITH YOUR INSURANCE PROVIDER AND/OR OTHER PROFESSIONALS TO ENSURE YOU OBTAIN AND HAVE/POSSESS THE CORRECT PERMITS, LICENSES, AND INSURANCE COVERAGE IN ORDER TO PERFORM DELIVERIES YOU AGREE TO THROUGH THE PLATFORM. MANY INSURANCE COMPANIES REQUIRE DELIVERY DRIVERS TO HAVE SOME TYPE OF COMMERCIAL INSURANCE IF THEY ARE USING A PERSONAL VEHICLE FOR BUSINESS PURPOSES, REGARDLESS OF HOW FREQUENTLY OR INFREQUENTLY AND AS A DELIVERY DRIVER YOU ACKNOWLEDGE THAT YOU ARE AWARE THAT YOUR STANDARD AUTO LIABILITY INSURANCE MAY NOT PROVIDE COVERAGE WHILE YOU ARE PERFORMING A DELIVERY.

YOU FULLY ACCEPT, AGREE, AND UNDERSTAND THAT WHEN YOU PERFORM DELIVERIES AS A DRIVER AS A RESULT OF USING THE SERVICES THAT YOU ARE FULLY RESPONSIBLE FOR ENSURING YOU HAVE AND WILL MAINTAIN THE CORRECT, APPROPROPRIATE, AND VALID AUTOMOBILE AND LIABILITY INSURANCE, COVERAGE, LICENSING, PERMIT(S), AND REGISTRATION TO OPERATE AND PERFORM THE DELIVERY OF THE GOODS IN WHICH YOU WERE HIRED FOR IN THE JURISDICTION(S) AND/OR PROVINCE(S) IN WHICH YOU ARE PERFORMING THE DELIVERY. SHYPPO IS IN NO WAY RESPONSIBLE FOR MONITORING OR ENSURING THAT ANY USER HAS THE CORRECT AND APPROPRIATE AUTOMOBILE AND LIABILITY INSURANCE TO PERFORM DELIVERIES AS A DRIVER AS A RESULT OF USING THE SERVICES.

YOU ACKNOWLEDGE THAT YOU ARE FULLY AWARE OF AND UNDERSTAND ALL THE COVERAGES, LIMITATIONS, AND CLAUSES OF YOUR OWN AUTO INSURANCE POLICY AND YOU ACKNOWLEDGE YOU HAVE AND WILL MAINTAIN THE CORRECT TYPE, COVERAGE, AND AMOUNT OF INSURANCE TO APPROPRIATELY COVER YOURSELF AGAINST ANY AND ALL POSSIBLE CLAIMS AGAINST YOU WHILE PERFORMING THE DELIVERY. YOU FULLY AGREE THAT YOU ARE ACUTELY AWARE OF AND ACKNOWLEDGE THAT YOU HAVE AND WILL MAINTAIN THE CORRECT AND APPROPRIATE AMOUNT AND TYPE(S) OF ANY LIABILITY INSURANCE, COURIER/COMMERCIAL INSURANCE, AND/OR “COMPENSATION FOR HIRE” COVERAGE(S) IN YOUR INSURANCE POLICY AS REQUIRED BY PROVINCIAL LAW AND AS REQUIRED BY YOUR INSURANCE COMPANY TO ALLOW FOR THE DELIVERY OF GOODS VIA THE PLATFORM.

 

DRIVERS ARE INDEPENDENT CONTRACTORS

All Drivers using the Service fully agree, accept, acknowledge and understand that they are driving and delivering goods as INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, AGENTS, OR AFFILIATES OF SHYPPO. Shyppo’s Service may be used by you to arrange and schedule delivery services with other users, but you fully agree and accept that Shyppo has no responsibility or liability to you in relation to any delivery services provided to you by said users other than what is explicitly described in these Terms. When you as a Driver are hired by a Shypper to perform a delivery of goods, you are temporarily hired by that other user and are entering into a temporary contract with that other user. Shyppo is in no way included or a part of that contract between users. Shyppo’s Platform is a digital intermediary, and our technology and Service facilitates the connection between Drivers and Shyppers for the purpose of logistical / delivery transactions and allows them interact and to enter into agreements together. As a user of the Service you can stop using the Service at any time without notice, reason, or cause. Shyppo will also not be, in any way, a party to any disputes between any users of the Service.

As an independent contract, you fully agree and accept that you will not receive any benefits or coverages normally awarded to an employee including but not limited to Canadian Pension Plan contributions, Employment Insurance contributions, coverage, or eligibility, workers compensation coverage, a salary or guaranteed or steady revenue/pay, bonuses, vacation pay, sick pay, holiday pay, health or life insurance coverage, or retirement plans. You also fully agree and accept that you are responsible for any and all forms of taxes that you may or may not be responsible to collect, submit, pay, or claim as a responsibility to the Canada Revenue Agency and their tax rules, regulations, and laws and that Shyppo is not responsible for tracking any of your revenue or earnings.

Although Shyppo does not and will not limit or dictate the amount of deliveries you perform, you fully agree and accept that the Services are not and were not designed to allow anyone to exclusively perform deliveries as their only and/or main means of income. The Service was designed as a means for some extra or additional income to be earned by Drivers in their spare time and/or while performing road trips to pre-determined destinations. As a Driver, you dictate your own hours and days that you work, delivery routes, when and if you’re available and for how long, and the price you want to be paid for the delivery service you are offering. These are all benefits of and indicative you are acting as an independent contractor when you are performing delivery services as a result of using the Services.

 

CANCELLATIONS / NO SHOWS

You fully agree that you will maintain suitable communication with the other user. The act of not being at home or not being available to pick up a delivery when you made arrangements with the other user is considered a “No Show”. No Shows will not be tolerated and may result from your immediate account suspension or permanent deactivation from the Platform. If you are a No Show you fully agree and accept that you will be charged a $25 inconvenience charge that will then be given to the other user. If the Driver doesn’t show up at all and/or you’re not receiving any communication back from them, reply to your original “Confirmation of your Shypment” email or email us at support@shyppo.com. If the Shypper isn’t home when you’ve arrived to pick up their goods and/or you’re not receiving any communication back from them, reply to your original “You’ve been hired” email or email us at support@shyppo.com.  You will not be charged anything (or you’ll be fully refunded if you have been charged) if the other user ends up being a No Show. If no one is home when a Driver is trying to deliver the goods, you should refer back to the “You’ve been hired” email for delivery instructions. In there it will state if you can leave the package if no one is at home, and it also may have specific delivery instructions. If the email states you are not to leave the package, but no one is at home, use your best judgement, but we recommend you leave the package hidden in a secure spot and notify the Shypper immediately so they can inform the recipient and also leave some comments for us when you upload your delivery photos.

You fully agree that If your arrangements for a pick-up and/or delivery have to be rescheduled or cancelled completely, you will notify the other party immediately to try and reschedule the pick-up and/or delivery. If rescheduling is not possible, you will notify the other party immediately and also notify Shyppo immediately. If your attempt to reschedule by the other party is unacceptable to them and/or you have to cancel completely, you fully agree that you will be charged a $10 cancellation fee which will then be given to the other user.

 

COVERAGE FOR GOODS

You fully agree and accept that each driver is personally responsible for the safe and timely delivery of your goods. Shyppo will not be held liable or responsible for any loss or damage for any goods. Shyppo utilizes a number of safety and security features to deter theft by drivers. We collect a large amount of personal details from the drivers including their insurance, vehicle, banking details, and their credit card information. If the Driver damages or does not deliver your goods for any reason, their pre-authorized credit card will be charged for the replacement value of your goods and you will be reimbursed. If you suspect or experience any damage or loss of your goods, email claims@shyppo.com immediately to discuss your situation. Any claim initiation that happens after three days or longer of the alleged action of being damaged or lost/stolen taking place may not be acted on by Shyppo. Goods will be reimbursed at replacement cost and not sentimental value or any other value, regardless of what value the goods were declared to be worth on the Platform. If the goods cannot be repaired and a replacement cost cannot be determined due to unavailability of the goods being replaced, Shyppo will produce a replacement value based on comparable and similar goods currently available in the new and/or used market place. It is not the Driver’s nor Shyppo’s responsibility to actually repair any goods.  It is up to the Shypper to actually have the goods repaired if they are reimbursed a monetary value for reasons of repairing their goods. The maximum reimbursable cost for replacing any goods will be $2000 Canadian. This is a collective amount per shypment and is not $2000 per item within a greater shypment.

If the Shypper does not prepare, pack up, secure, and/or package the goods in an appropriate and suitable manner, the Shypper will not be reimbursed for any damages that may occur as a result of the Driver transporting and delivering the goods for the Shypper. Any goods found to be in violation of our Terms, particularly regarding, but not limited to the RESTRICTED / PROHIBITED ITEMS clause above or that have not been disclosed on the Platform post will not be reimbursed if damaged, lost, stolen, or not delivered for any other reason.

 

BILLING / PAYMENTS / FEES

All pricing is in CANADIAN dollars. You fully agree and accept that by using the Service to shyp/send goods that Shyppo charges a flat-rate $2 “Shypper Connection Fee” to facilitate in matching you with a Driver and also applies 5% GST to all Shypper-related transactions. You also fully agree and accept that by using the Service as a Driver / deliverer of goods that Shyppo charges a 9.4% “Driver Connection Fee” to facilitate in matching you with Shypper for all Driver-related transactions. These fees and/or taxes will be applied at time of checkout for Shyppers and/or at time of payment to Drivers. Shyppers’ credit cards will not be charged for the transaction until the Driver delivers your goods. You agree that you may assist Shyppo in a timely manner in confirming that the goods were delivered if you are requested to do so by Shyppo. As a Driver you fully agree, accept, and authorize at the time that the Platform matches you with another user to perform a delivery, that your credit card will be pre-authorized for the value of the goods in the Shypment that you have agreed to deliver. You full agree, accept, and authorize your credit card to be charged for the value of the goods in the Shypment that you agreed to deliver if you or someone else damages, loses, or steals the goods as you agree and accept that as part of the contract you enter into with the other user that you are 100% responsible for the safe delivery of the goods you are to deliver for that user. Once your transaction with the other user is completed, Shyppo will provide you, the user with an online and/or emailed Receipt Summary (for Shyppers) or Invoice Summary (for Drivers) for your records.

As previously mentioned above in the CANCELLATIONS / NO SHOWS section, you agree, accept, and authorize your credit card be charged for any and all $25 inconvenience charges and $10 cancellation fees that you are found to be responsible for. These charges/fees are due immediately and are non-refundable. There are no fees to post any listing on the Platform and if you do not get matched with another user, you will not be charged anything. You are also free to delete your listing at any time, free of charge.

The Shyppo Platform uses the third party payment processor Stripe to perform all financial transactions resulting from use on the Platform. You fully authorize and consent for Shyppo to share your personal financial information including but not limited to credit card information, banking details, name, and address with Stripe for the purpose of processing your financial transaction as a result of using the Platform. By doing so, you also agree and consent to Stripe’s SERVICE AGREEMENT in which you are responsible for keeping up to date with which can be found here: https://stripe.com/en-ca/ssa. You fully agree that Shyppo is not responsible for the use or misuse of any financial information Stripe receives and/or processes as a result of using the Platform. Shyppo reserves the right to change or stop accepting any methods of payment, or to change third party payment processors any time at our own discretion.

You are responsible for maintaining and ensuring that all of your billing and financial information within your user profile on the Platform is complete, accurate, and up to date. You agree and authorize to pay any surcharges or fees charged by Stripe as a result of you, the user providing inaccurate or missing information on the Platform. Shyppo reserves the right to all actions and methods regarding any money owed to Shyppo.

As a Driver, you fully agree and accept that you will not be paid for any delivery as a result of using the Service until that delivery has been completed by you and has been confirmed by Shyppo and/or the Shypper and/or the recipient. You also agree and accept that it typically takes three to seven days to receive payment to your bank account via the payment processor Stripe, but may also take longer. Shyppo does not guarantee nor will be held responsible for any time frame on when you may receive payment for your delivery performed.

 

ACCOUNT SUSPENSIONS AND/OR PERMANENT DEACTIVATIONS

You fully agree and accept that if you breach any of these Terms, that your account may be suspended or terminated at any time without notice. Your account may also be suspended or terminated at any time for the following reasons including but not limited to: for no reason at all under Shyppo’s own discretion, if you engage in any conduct that may put other users, third parties or Shyppo at risk or liability, if you try to circumvent the Service for what is perceived to be any kind of personal gain, cancelling or not showing up for a pick-up and/or delivery in order to accept another one that is more financially beneficial to yourself, you have a high rate of cancelling deliveries, you don’t show up or aren’t home/available for a scheduled delivery, you have a low ratings score, if we are unable to verify any information you provide to us, if you have claimed any damaged or lost goods or if a claim has been made against you for losing or damaging any goods,

 

DISPUTE RESOLUTION

You agree that any disputes as a result of using the Service and/or receiving service from a result of using the Platform are between you and the other user. The Dispute is not with Shyppo since we are a neutral party and you did not enter into a contract with us for a delivery service so we are not responsible for successfully or satisfactorily resolving the dispute. Shyppo will attempt to resolve and mediate any disputes between you and the other user but ultimately all disputes must be resolved between you and the other user. We encourage you to report all disputes with users, especially those in which theft, fraud, or other criminal actions are suspected to have taken place to appropriate law enforcement agencies. We also encourage you when appropriate to report all disputes to a qualified arbitrator for assistance with resolution.

 

ARBITRATION & WAIVER OF CLASS ACTIONS

You fully agree and accept that by using or accessing the Services that you also agree to have any disputes and claims originating from you against Shyppo be resolved through binding arbitration. The arbitration shall take place in Edmonton, Alberta. You fully agree that this does NOT limit Shyppo from taking legal action against you in order to recover damages, collect fees, otherwise make us whole, or to obtain injunctions relating to our operations, our Service, our information, or our intellectual property. You also fully agree and accept that this limits the manner in which you can seek relief as you are waiving your right to litigation through a court. You also fully agree and accept that any claims and/or disputes must be resolved on an individual basis and not on a basis of more than one user, jointly, or in a class/group.

 

INTELLECTUAL PROPERTY / LICENSES

You fully agree and accept that Shyppo owns all of the content and all the intellectual property rights inside and to the Platform, including but not limited to copyright, trademarks, logos, title, trade names, design rights, and database rights, regardless of whether or not any of it is presently registered. The content is protected by trademark, copyright and other laws of Canada, other foreign countries, and by international conventions. Your use of the Platform does not give you any rights to any of Shyppo’s content or property rights. Any user content is licensed to be used by and on the Platform, and you fully agree that it may be used by Shyppo as we see fit. Shyppo grants users a temporary license to use the Platform under these Terms which you fully agree may be voided at any time for any reason.

 

FORCE MAJEURE

Shyppo will not be held liable to you, any user, or any third party for any delay or failure in its obligations or performance in relation to these Terms for a period that such delay or failure is a result of forces beyond our reasonable control, including but not limited to acts of God, civil unrest, fire, floods, storms, power outages, strikes, war, embargoes, government actions, legal restrictions, pandemics, or any justifiable cause beyond the control of Shyppo.

 

LAWFUL CONDUCT

You fully agree to follow and adhere to all applicable international, national, provincial, interprovincial, local/municipal, traffic safety, transportation, restricted and dangerous goods laws, regulations, rules, and statutes.

 

NO WAIVER

Shyppo’s failure to apply or enforce strict adherence of any clause(s) in these Terms will not be interpreted as a waiver of any clause or right.

 

ASSIGNMENT

You may not transfer or assign these Terms in whole or in part with Shyppo’s prior written consent. You offer your approval to Shyppo for it to transfer or assign our rights or obligations under these Terms in whole or in part to any of our affiliates, subsidiaries or any business that we merge with, enter into a joint venture with, are sold to, or purchase. The limitations in this section shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

 

SEVERABILITY

If any section in these Terms and Conditions are deemed invalid, void, or unenforceable by a court of applicable jurisdiction, the section(s) shall be modified by the court and interpreted to best accomplish the original objective(s) of the section the extent permitted by applicable law, and the remaining sections of these Terms will remain in effect.

 

GOVERNING LAW

You fully agree that these Terms and your use of the Services shall be governed by the laws of the Province of Alberta, without regard to conflict of law principles.

 

CHANGES

When you accept the Terms, you acknowledge and agree that at any time, at our discretion, we reserve the right to and may modify this Terms and Conditions agreement. If we make changes, we will notify you via email and/or by posting the modified Terms on the Shyppo website and by updating the “Last Updated” Date at the top of this page. All modified Terms will take effect immediately after posting to the Shyppo website as the stated effective date included within the updated Terms. Your continued access and/or use of the Shyppo Services following the effective date of such changes will constitute your acceptance and consent to be bound to any and all modified Terms. These Terms and Conditions may not be amended, modified, and/or changed by you in any manner. You also agree that we may modify these Terms and Conditions or discontinue our Services at any time and without notice and without any responsibility or liability to you or any other user(s). YOU ARE RESPONSIBLE FOR KEEPING UP TO DATE WITH THE LATEST VERIONS OF THE TERMS, SO PLEASE REGULARLY CHECK THIS PAGE TO VIEW THE MOST CURRENT TERMS