Customer Terms of Service

Last Updated: April 10, 2026

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “TERMS”) CAREFULLY. THIS WEBSITE AND ITS SUBDOMAINS (COLLECTIVELY, THE “WEBSITE”), THE PKUP MOBILE APPLICATION (“MOBILE APP,” AND TOGETHER WITH THE WEBSITE, THE “PLATFORM”), AND THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR THE PLATFORM (COLLECTIVELY, THE “SERVICES”), ARE CONTROLLED BY PKUP LOGISTIC SOLUTIONS LIMITED (“PKUP”, “WE”, “US” OR “OUR”).THESE TERMS ALONG WITH ALL SUPPLEMENTAL TERMS THAT MAY BE PRESENTED TO YOU FOR YOUR REVIEW AND ACCEPTANCE (COLLECTIVELY, THE “AGREEMENT”), GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE, DOWNLOADING OR USING THE MOBILE APP, ORDERING OR RECEIVING ANY DELIVERY SERVICES, OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PKUP, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE LEGAL ENTITY IDENTIFIED DURING THE ACCOUNT REGISTRATION PROCESS, AND TO BIND THAT LEGAL ENTITY TO THE AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR SUCH LEGAL ENTITY, AS APPLICABLE. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU, AND IF APPLICABLE, SUCH LEGAL ENTITY, MAY NOT ACCESS OR USE ANY OF THE SERVICES.PLEASE BE AWARE THAT SECTION 11 (DISCLAIMERS AND LIMITATIONS OF LIABILITY) OF THE AGREEMENT BELOW CONTAINS IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 13 (DISPUTE RESOLUTION) CONTAINS PROVISIONS GOVERNING HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED.PLEASE BE AWARE THAT SECTION 2.4 (PKUP COMMUNICATIONS) OF THE AGREEMENT BELOW CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING, AS APPLICABLE, VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY PKUP IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, PKUP will make a copy of the updated Agreement available at the Website and in the Mobile App and update the “Last Updated Date” at the top of these Terms. If we make any material changes to the Agreement, we will provide notice of such material changes on the Website or in the Mobile App and attempt to notify you by sending an e-mail to the e-mail address provided in your Account registration. Any changes to the Agreement will be effective immediately for new users of the Services and will be effective for existing Registered Users upon the earlier of (a) thirty (30) days after the “Last Updated Date” at the top of these Terms, or (b) your consent to and acceptance of the updated Agreement if PKUP provides a mechanism for your immediate acceptance in a specified manner (such as a click-through acceptance), which PKUP may require before further use of the Services is permitted. If you do not agree to the updated Agreement, you must stop using all Services upon the Effective Date of the updated Agreement. Otherwise, your continued use of any of the Services after the Effective Date of the updated Agreement constitutes your acceptance of the updated Agreement. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

1. HOW THE SERVICES WORK

1.1. Description of the Services

Our Platform makes possible a connection between individuals and/or businesses (“Customers”) that want to arrange and schedule transportation and/or logistics services (“Delivery Services”) and independent third party delivery, transportation, and/or logistics professionals seeking to perform such Delivery Services (“Couriers,” also referred to in some documents as “Delivery Professionals”). The performance of Delivery Services by a Courier, the time period in which these Delivery Services are or are to be performed by a Courier, as well as the vehicle type and item(s) of personal property and goods being picked up, carried, and/or delivered by a Courier, are collectively referred to as a “Delivery.”

1.2. Role of PKUP

PKUP IS SOLELY A LOGISTICS MANAGEMENT PLATFORM AND DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES. WE ARE NOT A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. Couriers are self-employed individuals and independent contractors who choose to perform Delivery Services for Customers posting Deliveries on our Platform. Each Delivery Service provided by a Courier to a Customer shall constitute a separate agreement between such persons. You acknowledge and agree that PKUP is not a party to any arrangement between the Courier and Customer(s). It is up to the Courier in such Courier’s sole discretion to decide whether or not to offer Delivery Services to a Customer through the Services, and it is up to the Customer in Customer’s sole discretion to decide whether or not to accept such services from a Courier through the Services. We cannot and do not ensure that a Courier or Customer will complete an arranged Delivery. We have no control over the quality or safety of the Delivery Services. As a result, any part of an actual or potential transaction between a Courier and Customer, including, without limitation, the quality or completion of the Delivery Services, the safety and condition of the Courier’s vehicle, and the truth or accuracy of any Courier or Customer profile or any related ratings and reviews are solely the responsibility of each Courier and/or Customer. You further understand that PKUP will not guarantee the suitability, legality or ability of any Courier or Customer. PKUP EXPRESSLY DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY ACTS OR OMISSIONS BY ANY COURIER.

1.3. Deliveries

In order to request a Delivery, you will have to specify certain information about the Delivery, which may include: the pick-up address, the destination address, the items you are requesting to be lifted, delivered or moved (“Items”), contact information and the date and time of pick-up. Using the address you provide, PKUP will use commercially reasonable efforts to connect you with a Courier to perform the Delivery for you. As a Customer, you authorize PKUP to match you with Couriers based on Delivery details, Customer preferences, and platform efficiency, and to cancel an existing match and/or rematch you with a Courier based on the same considerations. Couriers will make commercially reasonable efforts to deliver Items for Customer. If Courier is unable to safely deliver Items to Customer’s selected destination, then Courier will attempt to return the Items to the Customer’s chosen location at the Customer’s expense. CUSTOMER ACKNOWLEDGES AND AGREES THAT PKUP DOES NOT HAVE CONTROL OVER, AND HAS NO RESPONSIBILITY FOR, ANY DAMAGE TO ANY ITEMS AND THAT A COURIER IS SOLELY RESPONSIBLE TO A CUSTOMER THEREFOR.

1.4. Privacy Policy

Your use of the Services is subject to the PKUP Privacy Policy, available at Privacy Policy, the terms of which are incorporated into and form part of this Agreement. By accessing or using the Services, you acknowledge that you have read and understand the Privacy Policy and consent to the collection, use, and disclosure of your personal information as described therein.

2. USE OF THE SERVICES

The Services, and the information and content available on them, are protected by applicable intellectual property laws. Subject to the Agreement, PKUP grants you a limited license to access and use the Services for your personal or internal business purposes. Unless subject to a separate license between you and PKUP, your right to use any and all Services is subject to the Agreement.

2.1. Mobile App License

Subject to your compliance with the Agreement, PKUP grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile App on a single mobile device that you own or control and to run such copy of the Mobile App solely for your own personal or internal business purposes. Furthermore, with respect to any Mobile App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs i OS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Mobile App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.

2.2. Updates

You understand that the Services are evolving. As a result, PKUP may require you to accept updates to the Services that you have installed on your computer and/or mobile device. You acknowledge and agree that PKUP may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.

2.3. Certain Restrictions

The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using PKUP’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (g) you shall not attempt to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. PKUP, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Service or Services terminates the licenses granted by PKUP pursuant to the Agreement.

2.4. PKUP Communications

By entering into the Agreement or using the Services, you agree to receive essential communications from us relating to the operation of your Account and the Services, including communications concerning your Account status, Delivery confirmations and updates, payment receipts, service disruptions, and changes to these Terms or the Services. These essential communications are necessary for the provision of the Services and cannot be opted out of while you maintain an Account.

Separately, you may choose to receive promotional communications from us and our affiliated companies, including communications concerning promotions, special offers run by us or our third-party partners, and news concerning PKUP and industry developments. You may receive these promotional communications via e-mail, text message, calls, or push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL COMMUNICATIONS AS A CONDITION OF USING THE SERVICES.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO THE PHONE NUMBER THAT SENT YOU THE TEXT OR CALL FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOP” TO THE PHONE NUMBER THAT SENT YOU THE TEXT OR CALL FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICES.

2.5. Accessibility

PKUP is committed to ensuring digital accessibility for people with disabilities. We continually improve the user experience for everyone and apply relevant accessibility standards. If you have difficulty using the Services due to a disability, please contact info@pkupcanada.ca. We will work with you to provide information in an alternative format or make reasonable accommodations to enable your use of the Services. If you require assistance with deliveries due to a disability, please indicate this in your delivery instructions. We will make reasonable efforts to accommodate your needs.

3. MEMBERSHIP AND REGISTRATION

3.1. Registering Your Account

In order to access certain features of the Services you will be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account with PKUP through the Services (“Account”).

3.2. Registration Data

In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least nineteen (19) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of Canada, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by any other persons, including minors, and you will accept full responsibility for any such unauthorized use. You may not share your Account login or password with anyone, and you agree to (y) notify PKUP immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or PKUP has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, PKUP has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. PKUP reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by PKUP, or if you have been previously banned from any of the Services.

3.3. Your Account

You acknowledge and agree that your Account, including any usernames, platform credentials, and associated platform infrastructure, is owned by PKUP. You have no ownership or other property interest in your Account as a platform resource. For clarity, this Section does not affect your rights in your personal information, which is governed by the Privacy Policy.

3.4. Account Suspension and Termination

3.4.1. Termination by You

You may terminate your Account at any time by contacting info@pkupcanada.ca and requesting account closure. Upon termination, you will be charged for any completed deliveries, pending deliveries will be cancelled (cancellation fees may apply). Your personal information will be handled according to our Privacy Policy.

3.4.2. Suspension by PKUP

PKUP may temporarily suspend your Account if (a) we reasonably believe you have violated these Terms, (b) we detect suspicious or fraudulent activity, (c) we receive reports of harassment, discrimination, or misconduct.

During suspension, you will not be able to request new deliveries, and pending deliveries may be cancelled. You will be notified of the reason for suspension and given opportunity to respond. Suspension will be lifted if the matter is resolved satisfactorily.

3.4.3. Termination by PKUP

PKUP may permanently terminate your Account if:

  1. You seriously or repeatedly violate these Terms;
  2. You attempt to ship prohibited items;
  3. You engage in fraud, harassment, discrimination, or violence;
  4. You attempt to manipulate the platform or circumvent policies;
  5. You fail to pay amounts owed;
  6. We determine continued service poses safety, legal, or business risks.

Upon termination, you forfeit any account credits or promotions, you remain liable for all amounts owed, you may not create a new Account without PKUP’s written permission. Your personal information will be handled according to our Privacy Policy..

3.4.4. Effect of Termination

Sections 4-6 and 9-14 of the Terms shall survive termination, together with any outstanding payment obligations.

4. RESPONSIBILITY FOR CONTENT

You acknowledge that all textual, audio, and/or visual content and information and other materials accessible through the Services (collectively, “Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not PKUP, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Services, including, without limitation, any profile information, item descriptions or preferences, and any customer or recipient contact information (“Your Content”). You grant PKUP a fully-paid, worldwide, royalty-free, non-exclusive, transferable and fully sublicensable right (including waiving any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, publicly display and otherwise use Your Content (in whole or in part) for the purposes of operating, providing, improving, and promoting the Services to you and to our other Registered Users (the “Content License”). The Content License will terminate within a commercially reasonable time after you delete Your Content from the Services or close your Account, except to the extent that (a) Your Content has been shared with other users or third parties who have not deleted it, (b) PKUP is required to retain it by applicable law, or (c) removal is not technically feasible.

5. OWNERSHIP

5.1. Services

Except with respect to Your Content, you agree that PKUP and its suppliers own all rights, title and interest in the Services. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services. PKUP’s name and all related stylizations, graphics, logos, service marks and trade names used on or in connection with any Services are the trademarks of PKUP and may not be used without permission in connection with your, or any third-party, products or services. Third party trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

5.2. Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to PKUP through its suggestion, feedback, forum, or similar pages or channels (“Feedback”) is at your own risk and that PKUP has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to PKUP a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or PKUP’s business.

6. USER CONDUCT

As a condition of use, you agree not to use any of the Services or Delivery Services for any purpose that is prohibited by this Agreement or by applicable laws and regulations. You shall not (and shall not permit or assist any third party) take any action on or through the Services or Delivery Services that: (i) infringes, misappropriates or otherwise violates any intellectual property right, right of publicity, right of privacy or other right of any person or entity; (ii) is unlawful (including, without limitation, for fraudulent purposes, for promoting or encouraging any illegal activity, for committing or assisting in the commission of a crime, or for the transport of unlawful or hazardous materials), aggressive, confrontational, intimidating, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) impersonates any person or entity, including any Courier or any employee or representative of PKUP; (iv) interferes with or attempt to interfere with the proper functioning of the Services or Delivery Services or uses the Services or Delivery Services in any way not expressly permitted by the Agreement; (v) discriminates against any person based on race, colour, ancestry, Indigenous identity, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity, age, source of income, or criminal conviction that is unrelated to the services being provided.

You are solely responsible for ensuring that your use of the Services and all items you ship comply with all applicable federal, provincial, and municipal laws.

You agree to review and abide by PKUP’s Social Code, available at Social Code, which sets forth our community standards for respectful and professional interactions. The Social Code includes our policies on non-discrimination, anti-harassment, and professional conduct. Failure to comply with the Social Code may result in immediate suspension or termination of your Account.

You will not contact any Courier directly or outside of the Platform. You shall not contact a Courier directly once the Delivery is complete.

It is every Customer’s duty and obligation to know and comply with all applicable federal, provincial and municipal laws relating to the pick-up and delivery locations of any Delivery and all Items contained in a Delivery, including without limitation those laws governing the transportation of items within a province and between provinces, prohibiting the transportation or shipment of certain items both within a province and between provinces, restricting the amounts of certain items that can be shipped, and age restrictions. Customer has the sole responsibility to ensure all items are properly packed for a Delivery, sufficient to withstand transport, ensure the safety and integrity of the Item, and to ensure compliance with all applicable laws. In certain instances, you may be asked to provide proof of identity to access or use the Services or Delivery Services or to receive or send certain Items, and you agree that you may be denied access to or use of such services if you refuse to provide proof of identity. A COURIER HAS THE RIGHT TO REFUSE TO PERFORM THE DELIVERY AND INQUIRE ABOUT THE CONTENTS OF THE DELIVERY PACKAGES, OR TO INTERCEPT, HOLD, OR RETURN ANY ITEMS, WHEN, AMONG OTHER REASONS, THE COURIER, IN HIS OR HER SOLE REASONABLE DISCRETION, DETERMINES THAT IT IS UNSAFE OR ECONOMICALLY OR OPERATIONALLY IMPRACTICABLE TO PERFORM THE DELIVERY, OR THAT THE SERVICE IS BEING USED IN VIOLATION OF FEDERAL, PROVINCIAL, OR MUNICIPAL LAW, OR FOR FRAUDULENT PURPOSES.

7. FEES AND PURCHASE TERMS

7.1. Payment

You understand that use of the Services may result in charges to you (“Charges”). The types and amounts of Charges that may apply to your use of the Services are described in the PKUP Fee Schedule, which can be accessed here Fee Schedule. The Fee Schedule forms part of this Agreement. Charges applicable to a Delivery will be displayed or estimated through the Platform at the time you submit a Delivery request.

You agree to pay all Charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide PKUP with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or other authorized payment method (each, a “Payment Provider”) as a condition to signing up for the Services. Upon requesting a Delivery via the Services, we may pre-authorize the Payment Provider you have associated with your account in an amount that provides reasonable assurance of your ability to pay the Charges for the requested Delivery, which may be greater than the estimated Charges displayed at checkout. Your Payment Provider agreement governs your use of the designated payment method, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing PKUP with your credit card number or payment account and associated payment information, you agree that PKUP is authorized to immediately invoice your Account for all Charges as they become due and payable and that no additional notice or consent is required. You agree to immediately notify PKUP of any change in your billing address or Payment Provider used for payment hereunder. PKUP reserves the right at any time to change its fees and pricing, including by updating the Fee Schedule, either immediately upon posting on the Services or by e-mail delivery to you.

7.2. Charges

When you book, hire, arrange and/or pay for a Delivery via the Services, you are deemed to have accepted the service and agree to pay the applicable Charges, which may include Service Fees, Delivery Fees, Cancellation Fees, Wait Time Fees, Storage Fees, Return Fees, Administrative Fees, and other fees, each as described in the Fee Schedule. You may elect to cancel your request for Delivery Services at any time prior to the Courier’s arrival, in which case you may be charged a Cancellation Fee as set out in the Fee Schedule. All Charges will be charged to one of the Payment Providers you have associated with your Account, and you hereby authorize any such charge. Any payments made in connection with the Delivery you book, arrange and/or pay for through the Service are non-refundable by PKUP.

7.3. Payment Processor

PKUP uses third party service providers for payment services (e.g., card acceptance, merchant settlement, and related services) (each, a “Payment Processor”). By buying on or through the Services, you agree to be bound by the applicable Payment Processor’s terms of service and privacy policy. You consent and authorize PKUP and the applicable Payment Processor to share your information and payment instructions solely for the purpose of processing and completing your payment transactions. PKUP reserves the right to change, remove, or replace any Payment Processor at any time with or without notice to you.

7.4. Taxes

The payments required under Section 7.1 (Payment) of this Agreement do not include any Sales Tax that may be due in connection with the services provided under the Agreement. If PKUP determines it has a legal obligation to collect a Sales Tax from you in connection with the Agreement, PKUP may collect such Sales Tax in addition to the payments required under Section 7.1 (Payment) of the Agreement. If any services, or payments for any services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to PKUP, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify PKUP for any liability or expense PKUP may incur in connection with such Sales Taxes. Upon PKUP’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, goods and services tax, provincial sales tax, harmonized sales tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

7.5. Free Trials and Other Promotions

PKUP, at its sole discretion, may make available promotions, referral programs and loyalty programs (“Special Offers”) to any Registered Users or prospective Registered Users. These Special Offers may be for a limited time only and may be discontinued at any time, without prior notice, at our discretion. Special Offers may be subject to additional PKUP terms and conditions which will be made available to you during the Special Offer period and which shall be deemed Supplemental Terms hereunder. Some aspects of a Special Offer may be provided by third-party companies pursuant to their own separate terms and conditions (“Third-Party Terms”). In addition to the rights and restrictions set forth in this Agreement, your participation in any Special Offer is subject to any applicable Third-Party Terms.

8. DELIVERY TERMS

8.1. Package Information

Only properly prepared packages will be accepted by our Couriers. Packages that are open, broken, damaged, leaking, unsafe, or unable to withstand delivery may be refused. The Customer agrees to accurately select the size/weight category based on the package dimensions and weight during the Delivery order submission. Customer agrees to input the information about the package accurately.

8.2. Package Size/Weight Categories

  • Small-Light: Largest dimension ≤ 20 in (50 cm), weight ≤ 25 lbs (11 kg).
  • Small-Heavy: Largest dimension ≤ 20 in (50 cm), weight 25-50 lbs (11-22.6 kg). Max weight 50 lbs (22.6 kg).
  • Medium-Light: Largest dimension 20-48 in (50-122 cm), weight ≤ 25 lbs (11 kg).
  • Medium-Heavy: Largest dimension 20-48 in (50-122 cm), weight 25-50 lbs (11-22.6 kg). Max weight 50 lbs (22.6 kg).
  • Large-Light: Largest dimension 48-96 in (122-243 cm), weight ≤ 25 lbs (11 kg).
  • Large-Heavy: Largest dimension 48-96 in (122-243 cm), weight 25-55 lbs (11-25 kg). Max capacity 55 lbs; additional capacity available upon request.

The maximum package dimensions accepted are 96 x 48 x 36 in. Additional capacity available upon request.

If an incorrect Size/Weight Category is selected, PKUP may adjust the estimated Charges based on the correct Size/Weight Category and charge an Administrative Fee as set out in the Fee Schedule.

8.3. Prohibited Items

The following items may not be transported through the Services:

  1. Illegal substances or contraband;
  2. Weapons or ammunition;
  3. Hazardous materials as set out in the Transportation of Dangerous Goods Act, 1992, SC 1992, c 34 and the Transport of Dangerous Goods Act, RSBC 1996, c 458 and the regulations thereunder, without proper certification, including:
    • Explosives: including explosives within the meaning of the Explosives Act;
    • Gases: compressed, deeply refrigerated, liquefied or dissolved under pressure
    • Flammable and combustible liquids;
    • Flammable solids; substances liable to spontaneous combustion and substances that on contact with water emit flammable gases;
    • Oxidizing substances; organic peroxides;
    • Poisonous (toxic) and infectious substances;
    • Radioactive materials and prescribed substances within the meaning of the Atomic Energy Control Act (Canada);
    • Corrosives;
    • Miscellaneous products, substances or organisms considered by the Lieutenant Governor in Council or Governor in Council to be dangerous to life, health, property or the environment when handled, offered for transport or transported;
  4. Live animals;
  5. Human remains or body parts;
  6. Cash, currency, or negotiable instruments;
  7. Items prohibited by applicable law; or
  8. Items requiring special licenses without verification.

8.4. Delivery Locations

The areas where PKUP’s Couriers will pickup and deliver Packages is subject to change and will be governed by availability showing on the Platform at any particular time.

8.5. Other Charges and Fees

8.5.1 Delivery Requirements

The Customer is responsible for ensuring that all correct and up-to-date information required for successful delivery is included in the Delivery orders when submitting a delivery request. Any mistakes may result in additional fees.

8.5.2.  Pickup & Drop-off

The Customer agrees that packages will be available for pickup at the beginning of the specified pickup time(s) and location. PKUP’s Couriers are not responsible for ensuring the condition or suitability of any submitted package. If submitted packages are not ready for pickup within the specified time, the Customer may incur a Wait Time Fee as set out in the Fee Schedule. If the wait time exceeds the maximum period specified in the Fee Schedule, deliveries may be canceled or rescheduled, and additional fees may apply as set out in the Fee Schedule.

8.5.3. Storage

PKUP offers package storage services at PKUP facilities. Storage Fees, as set out in the Fee Schedule, begin accruing when package(s) arrive at the storage facility and continue daily until retrieval. The Customer will be notified when packages are placed into storage.

To retrieve packages from storage, the Customer must book a delivery through the Platform. Standard Delivery Fees and Service Fees apply for delivery from the storage facility to the Customer’s destination.

PKUP may dispose of packages that remain in storage for more than thirty (30) days without retrieval arrangements. The Customer remains responsible for all Charges incurred up to the date of disposal.

8.5.4. Cancellation Fees & Add-On Costs

Deliveries canceled after ‘acceptance’ or ‘assignment’ to a Courier, but prior to the arrival of the Courier to the pick-up location, may incur a Cancellation Fee as set out in the Fee Schedule.

Deliveries canceled upon pickup (after and while the Courier is on-site) will be charged the full original Delivery Fee and may also incur an additional Cancellation Fee as set out in the Fee Schedule.

Cancellations after pickup (requiring return of the package) will be charged the entirety of the originally estimated Delivery Fee, a Return Fee, and may incur an additional Cancellation Fee, each as set out in the Fee Schedule.

“Add-ons” are last-minute delivery requests made outside our standard platform. Add-on Fees are set out in the Fee Schedule. Additional fees may apply if the add-on(s) require our Couriers to wait beyond the period specified in the Fee Schedule.

If an incorrect address is provided and requested to be changed prior to completion of the delivery, an Address Change Fee as set out in the Fee Schedule may apply. If the delivery was completed successfully to the incorrect address and arrangements are made to deliver the package to a new address prior to the Courier leaving the delivery location, the cost to redeliver will include the Delivery Fee plus an Address Change Fee as set out in the Fee Schedule.

The Customer acknowledges and agrees that such fees are a fair allocation of loss between the parties.

8.6. Returns

8.6.1. Return Process

For “in-person” or “age-restricted” drop-offs which cannot be completed for failure of recipient attendance or identification verification, or if the package(s) cannot be safely left at the recipient’s door, delivery packages will, at the sole discretion of PKUP, either be kept by the Courier, returned to the sender or stored at a PKUP facility. If PKUP determines that the packages needs to be stored, storage fees will apply as described in Section 8.5.3 of these Terms. Redelivery attempts may incur additional charges.

8.6.2. Re-attempt Charges

PKUP does not charge for re-attempting deliveries when the Delivery Professional makes an error with the delivery address or PKUP’s system causes an address error. PKUP may charge for re-attempting deliveries due to Customer error, including when: a recipient is unavailable, the address is incorrectly entered, a unit number is missing, entry codes are not provided, signature/proof of age is required but unavailable, delivery is to a closed business, or the Customer fails to print and attach a legible label.

8.6.3. Unsuccessful Deliveries

Unsuccessful deliveries are defined as situations in which the Courier cannot reach the specified address due to factors beyond their control, including but not limited to: road closures, building closures, acts of God, natural disasters, riots, strikes, or when a recipient is unavailable to receive the package when a signature is required (in-person drop-off), or it is unsafe for the Courier to leave the package at the drop-off location.

8.6.4. Return Charges

In the event the Customer instructs PKUP to return an Unsuccessful Delivery or other delivery, in addition to the original Delivery Fee, a Return Fee as set out in the Fee Schedule may apply per delivery.

8.7. Age Restricted Deliveries

Certain Items, including alcohol, tobacco products, cannabis products, and certain medications, may be subject to age restrictions under applicable law (“Age Restricted Items”). If you order or send Age Restricted Items through the Services, you represent and warrant that you are of legal age to purchase, possess, and arrange for the delivery of such items in the applicable jurisdiction, and that you are not ordering Age Restricted Items for any person below the legal age in the applicable jurisdiction.

You must notify PKUP that a Delivery contains Age Restricted Items when submitting the delivery request. You are responsible for informing the intended recipient that valid government-issued photo identification will be required upon delivery. Age Restricted Items cannot be left unattended and must be delivered directly to the person who placed the order or an authorized recipient of legal age.

Upon delivery, the recipient must present valid government-issued photo identification to the Courier to verify that the recipient meets the minimum age requirements for the specific items. The Courier will verify the recipient’s identity and age, and will record the verification.

Our Couriers are required to refuse delivery of Age Restricted Items if:

  1. the recipient cannot produce valid government-issued photo identification;
  2. the recipient does not meet the minimum age requirements for the specific items;
  3. the recipient appears intoxicated or impaired;
  4. the identification presented appears fraudulent, altered, or expired; or
  5. the recipient is not the intended person or an authorized recipient.

Any Delivery of Age Restricted Items that cannot be completed for any of the reasons set out above will be returned to the pickup location at the Customer’s expense. Return Fees and additional charges as set out in Section 8.6 will apply. Your purchase is non-refundable if delivery cannot be completed due to a failure to satisfy the requirements of this Section. Age Restricted Items may also be subject to time and location restrictions.

You agree that you will not request a Delivery of Age Restricted Items that would require transport across a provincial or territorial border.

8.8. Premium/Additional Fees

Any Premium options selected on the PKUP portal while submitting a delivery request will be displayed before final submission. All Premium and Additional Fees will be charged according to the options selected and as set out in the Fee Schedule.

8.9. Refunds

No refunds for delivery fees are available for any delivery after pickup, unless the package(s) is stolen, lost, or damaged while in the possession of PKUP’s Courier. All refunds or reimbursements will be processed as credits toward your PKUP account and can be used for future deliveries. For situations where PKUP is at fault for items being stolen, lost, or damaged, PKUP will reimburse the cost of the goods to the user, not the retail value of the item(s).

8.10. Package Insurance

PKUP provides standard insurance coverage for the value of goods per delivery up to the amount specified in the Fee Schedule. The user acknowledges that if the goods are damaged or lost during the delivery process, PKUP is liable for reimbursement up to the standard coverage amount specified in the Fee Schedule (credited to the user’s PKUP account) per delivery, not per package. Users may have the option to purchase additional package coverage for each delivery. The cost of this coverage will be based on current economic conditions and will be presented to the user before confirming payment.

8.11. Payment Terms

All amounts are payable in Canadian dollars. Payment will be processed immediately upon delivery submission. Credits may be applied to the account as applicable.

There is no credit card fee when a user submits a delivery via the Mobile App. PKUP accepts payments via most major credit cards. A Credit Card Processing Fee as set out in the Fee Schedule may apply to credit card payments made through the Website.

Outstanding amounts on overdue invoices are subject to a Late Payment Charge as set out in the Fee Schedule. PKUP reserves the right to change any fees at any time by updating the Fee Schedule.

9. INTELLECTUAL PROPERTY

9.1. PKUP Property

The Services and all content contained therein is owned or licensed by PKUP and protected by copyright, trademark and other intellectual property laws. PKUP expressly reserves all rights in the Services and all materials provided by PKUP in connection with these Terms that are not specifically granted to you. You acknowledge that all right, title and interest in the Services and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with PKUP (or third party suppliers or licensors, if applicable).

9.2. User Content License

The license you grant to PKUP in respect of Your Content is set out in Section 4 (Responsibility for Content). The terms of the Content License apply to all Content you submit, post, or display on or through the Services.

9.3. Feedback

Any suggestions, feedback, or recommendations you provide to PKUP (“Feedback”) shall become PKUP’s property. PKUP shall have the right to use Feedback without restriction and without compensation to you.

10. GENERAL LIMITATION AND EXCLUSIONS FROM LIABILITY

10.1. General Limitations

PKUP is responsible only for the Delivery Services. We are not liable for packages before pick-up or after delivery. We are not responsible for packages that are stolen once they have been successfully left on the end recipient’s property, as confirmed by a proof of delivery photo. Claims will not be accepted more than 48 hours after the delivery date and time.

10.2. Exclusions from Liability

PKUP is not liable for any losses in the following situations:

  • The Customer submitted an incorrect address;
  • The Customer did not provide a unit number;
  • The Customer has no special delivery instructions and the package is subsequently lost or stolen after proof of delivery;
  • The packaging is not damaged, but the goods inside are damaged;
  • The Customer sends perishable, fragile, or breakable items without informing PKUP; or
  • High-value items, precious metals and stones, cash, or other monetary instruments.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION 11 (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

11.1. As Is

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. PKUP EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.

11.2. No Warranty

PKUP MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

11.3. No Liability for Inherent Nature of Items

PKUP IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM, THE INHERENT NATURE, QUALITY, CONDITION, OR SUITABILITY OF ITEMS BEING TRANSPORTED. CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT ITEMS ARE SUITABLE FOR TRANSPORT AND PROPERLY PACKAGED.

11.4. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL PKUP BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT PKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY.

11.5. Cap on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, PKUP WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) $100 (IN AGGREGATE), OR (B) THE FEES PAID BY YOU TO PKUP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF PKUP FOR (i) DEATH OR PERSONAL INJURY CAUSED BY PKUP’S NEGLIGENCE; (ii) ANY INJURY CAUSED BY PKUP’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY STATUTORY REMEDY OR PENALTY THAT CANNOT BE LIMITED OR EXCLUDED BY AGREEMENT UNDER APPLICABLE LAW.

11.6. Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PKUP AND YOU.

12. INDEMNIFICATION

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless PKUP and its affiliates, officers, directors, employees, agents, licensors and suppliers from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) Your Content; (2) your failure to comply with the Terms or the Agreement; (3) any damage or losses that occur to Items or property during or related to a Delivery; (4) any improper, inaccurate or untruthful information provided to PKUP; (5) any claim that you did not have the right to transport any Items delivered; (6) your interactions with any other user; and (7) any activity in which you engage on or through the Services. This Section does not require you to indemnify PKUP for any unconscionable commercial practice by PKUP, or for PKUP’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Services.

13. DISPUTE RESOLUTION

13.1. Informal Resolution

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services will first be attempted to be resolved informally by contacting PKUP at legal@pkupcanada.ca for a period of at least thirty (30) days.

13.2. Mediation

If informal resolution is unsuccessful, you and PKUP agree to attempt to resolve any dispute through mediation administered by a mutually agreed upon mediator in British Columbia before resorting to litigation. The parties agree to share the costs of mediation equally.

13.3. Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law provisions. Any disputes that cannot be resolved through informal resolution or mediation shall be brought exclusively in the courts of British Columbia, Canada, and you consent to the personal jurisdiction of such courts.

13.4. Class Action Waiver

You agree that any claim arising out of or related to these Terms or the Services must be filed with PKUP within one (1) year after such claim arose.

13.5. Time Limitation

You agree that any claim arising out of or related to these Terms or the Services must be filed within one (1) year after such claim arose or be forever barred.

14. GENERAL PROVISIONS

14.1. Entire Agreement

These Terms, the Fee Schedule, the Privacy Policy, the PKUP Social Code, and any supplemental terms constitute the entire agreement between PKUP and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PKUP with respect to the Services.

14.2. Waiver and Severability

The failure of PKUP to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

14.3. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without PKUP’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. PKUP may assign or transfer these Terms without restriction, provided that PKUP will notify you of any such assignment through the Platform, the Website, or an update to these Terms. If an assignment by PKUP results in a material change to these Terms or the Services, you may terminate your Account by providing written notice to PKUP within thirty (30) days of receiving notice of the assignment. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

14.4. Force Majeure

PKUP will not be liable to you for any failure or delay in the performance of its obligations under these Terms for the period that such failure or delay is due to causes beyond PKUP’s reasonable control, including but not limited to failure of public utilities or telecommunications or internet infrastructure, cyberattacks, acts of God, natural disasters, acts of war or terrorism or civil unrest, strikes or labor disputes, pandemics or epidemics or public health emergencies, embargoes, government orders or any other force majeure event.

14.5. Notices

Any notices or other communications provided by PKUP under these Terms will be given by posting to the Services or by email to the email address associated with your Account.

14.6. Contact Information

If you have any questions about these Terms, please contact us at:

PKUP Logistic Solutions Limited
Email: legal@pkupcanada.ca
Address: 1629 Foster’s Way, 2nd Floor Delta, BC V3M 6S7

14.7.  Language

These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail. The parties confirm that they have requested that these Terms be drafted in English. Les parties aux présentes confirment qu’elles ont exigé que la présente convention soit rédigée en anglais.

15. Schedule A — Fee Schedule

This Fee Schedule forms part of the PKUP Terms of Service — Customer. PKUP reserves the right to update this Fee Schedule at any time. The current version of this Fee Schedule is available at Fee Schedule. All amounts are in Canadian dollars unless otherwise indicated.