Terms & Conditions
(Last update 8th May, 2021)
“Account” shall mean the account created by the User on the Platform for availing the Services (the “Services”) provided by Company.
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of British Columbia, Canada.
“Convenience Fee” shall mean the fee payable by the User to Company for the Service i.e., for availing the technology services offered by Company, door to door service, wi-fi access, user support and payment options. Convenience Fee shall be chargeable on every booking made through the Platform. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
“Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Booking by a User.
“User/ You” means a person who has an Account on the Application.
“Company” or “us” or “we” or “our” shall mean UpOnCall Inc., having its registered address at 38016 Cleveland Avenue, Squamish BC, V8B 0A8, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
“Booking” shall mean the Service(s) offered on the Platform booked by the User.
“Platform” shall mean the mobile application and the website UpOnCall.com, UpOnDry.com, UpOnCourier operated by Company or any other software that enables the use of the application or such other URL as may be specifically provided by Company.
1. Use of Our Services
The Services constitute a technology platform that enables users of the Platform to book services with independent third party providers of such services (the “Merchant Partner”). Unless otherwise agreed by Company in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT COMPANY DOES NOT PROVIDE ANY OF THE SERVICES AND THAT ALL SUCH SERVICES ARE PROVIDED BY MERCHANT PARTNER WHO IS NOT EMPLOYED BY COMPANY OR ANY OF ITS AFFILIATES.
The Platform permits you to avail the Services offered by Merchant Partner. The Service allows You to send a request through Platform to a Merchant Partner. The Merchant Partner has sole and complete discretion to accept or reject each request for Service.
2. Account Registration
To access Our services, You will need to validly register for an account and to become a User with verified phone and email. As indicated above, by doing so, You represent and warrant that you are over the age of thirteen (13) and are capable of entering into legally binding agreements in the relevant jurisdiction(s).
To create a User account, You must create a password-protected account (the “Account”). You may register for an Account using Your email and creating a password. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Company Account password and You are solely responsible for all activity that occurs on or through your Account and that You will immediately inform Company of any suspected unauthorized use. Company is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Company or third parties due to unauthorized use of Your Account.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Company and Company’s licensors.
4. Confirmation of Booking
Company shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability, which shall be informed to You vide an SMS or email. In the event the booking is confirmed, You shall check the booking details.
5. Rights and Obligations of Users
In order to access the Services, the User may be required to provide registration data, as part of the registration process, for his continued use. You agree that registration information provided shall be accurate, correct and up to date.
You agree that will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Platform information or content including but not limited to, use on a mirrored, competitive, or third-party websites
You agree that will not take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Company or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates payment structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Platform.
You agree that will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law.
Company shall charge Convenience Fee for the Service which shall be determined and amended at the sole and absolute discretion of Company. The Convenience Fee shall be payable by you to Company and shall be informed to you before you begin your Booking.
Company shall provide a receipt of the Booking Fee payable by You at the end of the Booking, however, separate invoices raised by the Merchant Partner for Fee and the Convenience Fee raised by Company shall be provided to You on request. You may raise a request for a copy of the invoices from our Support page.
All applicable taxes in respect of the Fee, Convenience Fee or Cancellation Fee shall be borne and payable by You to the Merchant Partner or Company, as the case may be.
You shall choose to pay for the Service Fee by either of the following four methods:
Credit Card/ Debit Card: Booking Fee shall be effected using the services of an entity providing payment gateway/processor services (“PG”), authorized by Company. Such PG may either be Company or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Booking Fee to Company and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Platform and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of Company’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Platform or Application and at the Platforms of any of Company’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
7. Cancellation Policy
You agree and acknowledge that You may cancel a Booking at any point of time subject to a Cancellation Fee
You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Platform.
Company shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the Merchant Partner for the Cancellation Fee, and Company for the Convenience Fee on cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from the support page.
The Cancellation Fee shall be payable by You at the completion of Your subsequent Booking.
8. Third Party Websites
The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. Company is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its Merchant Partner. Company is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such Platforms. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party website should be directed to its respective Platform administrator.
9. Intellectual Property
You acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. The Services and all rights therein are and shall remain Company’s property or the property of Company’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above.
Furthermore, you agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws.
Except as provided below, Company and its affiliates and licensors retain all right, title and interest in and to the Services, excluding your User Content. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Company’s intellectual property in whole or in party, except as expressly permitted in these Terms or with the prior written consent of Company. You agree to use the Services only in accordance with these Terms. You agree not to disassemble, decompile or reverse-engineer any software or other component of the Company application.
10. Force Majeure
We shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure and in such case our obligations under these Terms shall be suspended for so long as the Force Majeure continues.
By accepting these Terms and using the Service, You agree that You shall defend, indemnify and hold Company, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the Merchant Partner \or (c) Your use or misuse of the Application or Service.
The information, recommendations and/or Services provided to You on or through the Platform, the Application and Company call center are for general information purposes only and does not constitute advice. Company will reasonably keep the Platform and its contents correct and up to date but does not guarantee that (the contents of) the Platform is free of errors, defects, malware and viruses or that the Platform is correct, up to date and accurate.
Company shall not be liable for any damages resulting from the use of or inability to use the Platform, including damages caused by wrong usage of the Platform, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the information.
Company shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email id registered with Company. Company will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under Applicable Law.
13. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, without giving effect to any choice of law or conflict of law provisions. In the event of disputes, the Parties agree to use their reasonable best effort to settle all disputes amicably. However, when an impasse is reached and a dispute cannot be otherwise settled, then, all disputes arising in connection with the present contract shall be settled by Arbitration under the Canadian Arbitration Rules, the Arbitration proceedings to be held in British Columbia and in English language.
We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all of the Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, or any other aspect of the relationship between Company and You. You should look at the Terms regularly.
15. General Terms
These Terms constitute the legal agreement between You and Company and govern Your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services You wish to avail of (but excluding any offering which Company may provide to you under a separate written agreement), and completely replace any prior agreements between You and Company in relation to the offering.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.