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TERMS OF USE

 

Last updated: September 29, 2018

 

Please read carefully and ensure that you understand these Terms of Use (hereinafter collectively referred to as the "Terms of Use"), as they govern the relationship between you, a natural or legal person (hereinafter referred to as (The "User"), and Transpologic when using the Platform (as defined below), when registering information on the Website as well as while surfing on the www.transpologic.ca Website.

 

Transpologic makes available to the User an online platform at www.transpologic.ca (hereinafter referred to as the "Platform") which may be used by Carriers (as hereinafter defined) and by Shippers (as hereinafter defined) to interact directly with one another and conclude agreements.Users may also use the https://www.transpologique.ca/en/courrier-LTL (hereinafter referred to as "Shipping Forms") to obtain an LTL or courier price directly from Transpologic from these non-registered partners of the plateform. Transpologic temporarily gives the User a right of access and use of the Platform according to these Terms of Use.

 

The Terms of Use contain information about your rights, remedies and obligations, as well as restrictions on the use of the Platform.

 

Transpologic reserves the right to update these Terms of Use, depending on, but not limited to, the evolution of its offers, the market trends, as well as changing legislation and regulation, without prior notice. It is the User's responsibility to consult the latest version of the Terms of Use. Therefore Transpologic strongly recommends that the User refers to the Terms of Use on a regular basis.

 

The acceptance by the User of the Terms of Use includes any authorization required by any law regarding the protection of personal information or privacy in force in Québec.

 

The Terms of Use are available in English and French and are downloadable and printable by the User.

 

BY SURFING ON THE PLATFORM, REGISTERING THROUGH THE REGISTRATION FORM IN ORDER TO CREATE AN ACCOUNT OR OTHERWISE BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS OF USE.

 

IF YOU DO NOT ACCEPT THE FOLLOWING TERMS OF USE, PLEASE DO NOT BROWSE ON THE PLATFORM, DO NOT ENTER OR MAKE TRANSACTIONS THROUGH THE PLATFORM NOR CONTINUE TO USE THE PLATFORM IN ANY WAY.

 

 

 

DEFINITIONS

 

1.1. "Content" means all information contained in, but not limited to, Requests for Services, Personal Data, Credit Card Authorization Forms, Entry Forms, Offers, Confirmations and Bookings;

 

1.2. "Confirmation": means the document confirming the Booking made by the Shipper;

 

1.3. "Request for Services" means the information contained in the Service Request Form submitted by the Shipper, through the Platform, in order to obtain Offers from Carriers, all free of charge and without obligation;

 

1.4. "Personal Data" means personal information that the User has saved and / or provided on the Registration Form;

 

1.5. "Shipper" means a natural or legal person who wishes to submit a Request for Services via the Platform;

 

1.6. "Force Majeure" means an unpredictable and irresistible event; it also includes a foreign cause which presents these same characteristics;

 

1.7. "Registration Form" means the registration form in electronic format that the User must complete in order to benefit from the Services after becoming aware of and accepting these Terms of Use;

 

1.8. "Hyperlink" refers to the referencing system embodied by a word, icon or logo, which allows a mouse click to move from one document to another on the same website or page of a website to the page of a different website;

 

1.9. "Offer" means the document transmitted by a Carrier to the Shipper, through the Platform, in order to bid on the Shipper's Request for Services;

 

1.10. "Booking" means the time at which the Shipper confirms that it accepts the Offer submitted by the Carrier;

 

1.11. "Services" means the delivery and / or relocation and / or transportation services offered by a Carrier to a User through the Platform;

 

1.12. "Transaction" means the contract between the Shipper and the Carrier once the Confirmation has been received by the Shipper;

 

1.13. "Carrier" means a provider of transportation services, working in the field of moving and / or delivery.

 

2. REGISTRATION

2.1. The Services offered through the Platform are only available to individuals, whether natural or legal, who can legally form binding contracts under applicable laws, rules, legislations and regulations. The User acknowledges that he / she meets this condition. In the case of a natural person, the User acknowledges being a person aged 18 years and over. Minors can only use the Services if they are accompanied by their legal guardian and / or their parent.

 

2.2. The User may consult the Offers even if he is not registered with an Account (as hereinafter defined). However, in order to benefit from the Services offered through the Platform, the User must create a User account (hereinafter called the "Account") by means of the Registration Form available on the Platform. The User remains at all times free to modify the content of the Personal Data communicated on this occasion, but undertakes that it is nonetheless complete and accurate. It is the User’s obligation to update his Personal Data on the Platform. All changes to the Personal Data shall be approved by a member of Transpologic.

 

2.4. The User will be solely responsible for the choice of his password. The password is strictly personal. In the event the password is forgotten, the User must use the function "I forgot my password".

 

2.5. There is no charge for the registration of a Shipper or Carrier.

 

2.6. The Carrier who wishes to use the Platform must pay to Transpologic a commission equivalent to 9.99% plus the applicable taxes of the Offer that he wishes to submit to a Shipper (hereinafter referred to as the "Commission") in cases where the Offer is the one accepted by the Shipper. In the case of hourly rate ad, the price of the commission is $ 10 + applicable taxes. However, this percentage of Commission may vary by country and region. Transpologic reserves the right to waive (or reduce), in its sole discretion, the percentage of the Commission for certain Carriers, including but not limited to promotional activities for a limited time.

 

2.7. Transpologic reserves the right to review, upwards or downwards, the amount of the Commission at any time before the Carrier submits a Bid to the Shipper.

 

2.8. It is the responsibility of the Carrier to verify the amount of the Commission before submitting an Offer to a Shipper.

2.9 Transpologic may offer a price if the shipping form has been completed and received by a member of the team. The price varies depending on the form and no specific recipe exists to determine the commission paid.

3. OPERATION OF THE PLATFORM

 

3.1. Transpologic offers a tool for research and selection of transport companies working in the fields of moving and / or delivery in order to put the Shipper and the Carrier in contact for a future business relationship.

 

3.2. The Shipper wishing to obtain Offers from Carriers must complete the Service Request Form by providing a very detailed description of its Request for Services.

 

3.3. Carriers wishing to bid on the Shipper's Request for Services shall send an Offer before the expiry date indicated by the Shipper in the Request for Services. The tariff indicated by the Carrier includes the applicable taxes but is WITHOUT Commission price.The price of the commission is written during the offer of service and is visible only by the carrier.

 

3.4. The Carrier is solely responsible for the information and terms and conditions contained in the Offer. It is his sole and exclusive responsibility to comply with the requirements of the laws and regulations applicable to his Offer.

 

3.5. In the event that no Carrier is eligible for the Request for Services and the deadline set out in the Request for Services has expired, the Shipper will receive an e-mail to inform him of the situation. Transpologic has no obligation of result with respect to the Carrier's search for the Shipper who has submitted a Request for Services.

 

3.6. The Shipper wishing to accept an Offer from a Carrier must reserve the Services of the Carrier by pressing the link "I accept the offer" (hereinafter called "Booking"). The Shipper acknowledges and agrees that if he decides to reserve said Services from a Carrier, he accepts and understands that he enters into an agreement with that Carrier and agrees to the provisions, conditions, rules and restrictions associated with that Carrier.

 

3.7. As soon as Transpologic receives the amount of the Commission, the Shipper will receive a confirmation by e-mail inviting him to consult the summary of the Booking (hereinafter called "Confirmation") on his Account.

 

3.8. If Transpologic is unable to debit the amount of the Commission for any reason within 48 hours, the Booking is deemed canceled and no Transaction is entered between the Carrier and the Shipper. Should such be the case, the Shipper will be immediately notified that the Transaction between him and the Carrier has not taken place and may then consult the other Offers submitted by the Carriers or withdraw his Request for Services, all to its discretion.

 

3.9. The Shipper is obliged to carry out the Transaction with the Carrier if it has obtained the Confirmation, unless the Transaction is prohibited by the laws and regulations in force or by the Terms of Use. By accepting the Offer from a Carrier and / or by making the Booking, the Shipper agrees to be bound by all the terms and conditions of the Offer, conforming to details of the Offer as long as they are not in breach of the laws and regulations in force or by the Terms of Use.

 

3.10. Once the Transaction has been completed, the Shipper must confirm that the Services have been rendered through his Account.

 

3.11. The Carrier is obligated to provide an invoice to the Shipper once the Services have been rendered.

 

3.12. If the Shipper does not confirm that the Services have been rendered by the Carrier on the relevant Platform section within thirty (30) days of the date on which the Services were rendered, Transpologic reserves the right, at its discretion, to reimburse the Commission to the Carrier. Transpologic also reserves the right to conduct an investigation to validate whether the Services have been rendered.

 

3.13. Upon expiry of the thirty (30) day period, the Carrier may provide any evidence that the Services have not been rendered and Transpologic reserves the right, in its sole discretion, to grant or not a refund of the Commission.

 

3.14. The Carrier reserves the right to inspect the Shipper's shipment prior to acceptance or to refuse to transport any item prohibited by applicable laws and regulations and the Terms of Use. Transpologic recommends that the Shipper not seal the load before it is inspected by the Carrier.

 

3.15. Transpologic does not conduct any initial background review of the Carriers nor qualify them for compliance with national and / or provincial legislation and regulations. It is the responsibility of the Shipper to ensure such compliance directly with the Carrier before the Services are rendered by the Carrier.

 

3.16. Dangerous goods that cannot be shipped by courier or commercial carrier are not permitted for Services rendered through the Platform. "Dangerous goods" means, but are not limited to, articles which may pose a hazard to health, safety or property when transported (such as, but not limited to, explosives, radioactive materials, inflammable gases and solids as well as toxic substances).

 

3.17. The Shipper must legally hold all necessary authorizations in order to carry the loads for which it requests a Carrier Offer. The Shipper acknowledges and agrees that it is the sole and exclusive responsibility of the Shipper to comply with applicable laws, rules, legislations and regulations, including all local and national licensing requirements.

 

3.18. The Carrier must legally own and hereby confirms that it holds any licenses, permits or authorizations required by applicable laws, rules, legislations and regulations, including all local and national requirements to perform the Service required by Shipper.

3.19 If the shipper and the carrier get in contact together ex: by email, phone or any other ways, without having concluded a service agreement through the platform , Transpologique is not responsible for this transaction.

4. CONDITIONS OF SERVICE

 

4.1. The Platform is a neutral space of connection and Transpologic is not a Carrier.

 

4.2. The Shipper and the Carrier acknowledge and agree that Transpologic is not a party to any agreement neither between them nor to any Booking, Confirmation and Transaction. Transpologic exercises no control over the quality, safety nor legal aspects of the Booking, Confirmation and Transaction, or the behavior of the Carrier, the Shipper or the User of the Platform, and Transpologic excludes all liability in this respect, to the extent permitted by law.

 

4.3. Since Transpologic is not a party to the Booking, Confirmation or Transaction, the Shipper acknowledges and agrees that it has no control over the accuracy of the lists and the Carrier's ability to perform the Services. In no event shall Transpologic guarantee to the Shipper that the Services will be rendered.

 

4.4. The Shipper acknowledges and agrees to make Bookings and Transactions at his own risk.

 

4.5. Although Transpologic may, for purposes of transparency, prevention and detection of fraud, request the Carriers, directly or through a third party, to provide a form of identification issued by the public authorities and any other information and / or undertake additional checks and procedures to verify and / or verify the identity or history of the Carrier and / or to compare the information that other Platform users have shared from the third party databases or any other source, Transpologic makes no representations, confirmations or approvals with respect to the Carriers, their identity or their record. Transpologic does not carry out the preliminary assessment and does not validate the Carriers' right of practice, insurance and registration.

 

5. TERMS OF ACCESS TO THE PLATFORM

 

5.1. The Platform is accessible via the Internet. Access to the Internet is at the sole charge of the User.

 

5.2. The transmission speed depends solely on the User's Internet connection. To this end, the User acknowledges and accepts that Transpologic cannot be held responsible for the malfunctions linked to its access to the Internet or any other infrastructure that it uses in order to connect to the Platform. Under no circumstances can Transpologic be held liable in this respect.

 

5.3. The Platform's digital content is accessible through, but not limited to, up-to-date versions of Internet Explorer web browsers (version 9 and higher supported by Microsoft), Firefox, Chrome, and Safari. However, it may happen that after updating such browsers, they become incompatible with the Platform. Under no circumstances can Transpologic be held liable in this respect.

 

5.4. The Platform is accessible twenty-four (24) hours a day, seven (7) days a week, subject to Internet limits, periods of maintenance, improvement and Force Majeure, including but not limited to obstruction, failure of telecommunication networks, insurrections, civil war, military operations, national or local state of emergency, fire, lightning, explosion, strike, flood, storm, torts committed by a third party, etc. Transpologic will under no circumstances be responsible for interruptions in accessibility to the Platform, technical performance and response, transmission, exchange, upload, download and display delays.

 

5.5. Transpologic may, at any time, modify or temporarily interrupt access to the Platform for maintenance and / or improvement and / or emergency work without having to inform the User. Any interruption of the access to the Platform or the blog by Transpologic, whose foreseeable duration is greater than twenty-four (24) hours, will be indicated by a mention on the homepage of the Platform. Transpologic cannot at any time be held liable to the User or third parties for any modification, suspension or interruption of access to the Platform.

 

5.6. The Personal Data and the Offers deposited on the Platform will self-destruct automatically after a period of ninety (90) days of its transmission, exchange, uploading, downloading and display. The liability of Transpologic cannot be incurred as such.

 

5.7. Transpologic reserves the right to remove, without notice or delay, any Personal Data and any Offer that does not correspond to the Terms of Use. Transpologic also reserves the right to remove any User Account that does not comply with the Terms of Use without notice or delay.

 

6. TARIFFS AND TAXES

 

6.1. The prices displayed on the Platform, on the Offer and on the Booking correspond to those submitted by the Carriers based on the information transmitted by the Shipper (hereinafter referred to as the "Rates"). Transpologic does not guarantee the accuracy of the Rates, which may change at any time, as long as the Confirmation is not transmitted to the Shipper.

 

6.2. All rates on the Platform, the Offer, the Booking and the Confirmation are in Canadian currency.

 

6.3. The tariffs include the Commission payable by the Carrier, provincial and federal taxes and all other charges (hereinafter collectively referred to as "Taxes and Charges") by the Carrier to perform the Service required by the Shipper.The Transpologic Commission is visible only by the carrier when he is ready to make an offer.The commission is not payable by the shipper and is not included in the offer of service.

 

6.4. It is the responsibility of the Carrier to charge the Fees and Charges applicable to the Shipper's Request for Services. Transpologic advises Carriers to consult a tax advisor for more information.

 

6.5. The Shipper and the Carrier acknowledge that it is solely the responsibility of the Carrier to ensure that all applicable Taxes and Charges are applied to the Tariffs and that Transpolologic is acting only as an intermediary.

 

6.6. Transpologic shall not be liable if the Carrier fails to invoice the correct amount of Taxes and Expenses to the Shipper.

 

7. TERMS OF PAYMENT

 

7.1. Since Transpologic acts solely as an intermediary between the Shipper and the Carrier, it is the responsibility of the Shipper to comply with the methods of payment and the tariffs described in the Confirmation issued by the Carrier.

 

7.2. Transpologic reserves the right to suspend and / or delete any Carrier’s User Account if a payment is refused.

 

7.3. The Shipper must comply with the method of payment of the Carrier registered in the Offer.

 

7.4. The Shipper shall pay the payment for the Services only when rendered by the Carrier.

 

7.5. Transpologic advises the Shipper that he should not make a payment for the Services until they are actually rendered by the Carrier. Any request for payment made by a Carrier to a Shipper before the Services are rendered may constitute fraud. The Shipper who makes a payment to a Carrier prior to the provision of Services takes the risk that the Carrier does not show up to perform the paid Services. Transpologic is not responsible for damages caused to a Shipper who has made such payment in advance.

 

7.6. Transpologic requires no payment from a Shipper for the Services.

7.7 In the case of a quote made by Transpologic ex: by Shipping Forms, the terms of payment will be established outside the platform.

7.7.1 As per the National Motor Freight Classification 100-AA, Uniform Bill of Lading Terms and Conditions, Sec 7(c), “If the description of articles or other information on the Bill of Lading is found to be incorrect or incomplete, the freight charges must be paid based upon the articles actually shipped.” As a result, the accuracy of the Transpologic quote will depend on the information provided by the customer at the time of creating the Bill of Lading. This quote will be the basis for the initial invoice. All quotes are subject to change based on actual differences to weight, piece/pallet count, re-classification, shipping dimensions, commodity descriptions, address changes and all other charges that occur during transportation (re-delivery, appointment request, storage etc.). Further invoices will follow after the initial invoice to reflect any additional charges. Both the original and additional charges, if any, are due in full. Transpologic has permission to charge the credit card provided for all Freight charges or send requested payment for additional charges ,if any. 

8. TERMS OF PAYMENT

 

8.1. Any cancellation or modification of the Transaction by the Carrier and / or the Shipper prior to the provision of Services shall be subject to the prior authorization of Transpologic and must be justified and formulated in writing at info@transpologic.ca.

 

8.2. The Carrier and the Shipper may also use the "Request for Refund" function.

 

8.3. If the Shipper wishes to cancel or modify a Transaction within 72 hours prior to the date of Confirmation, the Shipper may do so without penalty by sending a written request to info@Transpologic.ca.

 

8.4. Cancellation or modification of any Transaction by the Shipper may only be accepted at Transpologic's discretion if it occurs at least 72 hours prior to the date of the Confirmation.

 

8.5. The cancellation or modification of any Transaction by the Carrier can only be accepted if it occurs at least 72 hours before the date specified in the Confirmation.

 

8.6. The Commission paid by the Carrier may be reimbursed at Transpologic's discretion in the event that the Carrier is no longer able to provide the Transaction for just and reasonable reasons according to Transpologic. Transpologic reserves the right to request any necessary justification demonstrating the reason for cancellation of the Carrier.

 

8.7. Any cancellation by the Carrier that appears to be unreasonable, unjustified and / or suspicious according to Transpologic or for the purpose of entering into agreements outside of the Platform results in the immediate suspension of the Carrier's Account without notice and the prohibition of access to the Platform. In this case, Transpologic shall retain the entire Commission paid by the Carrier.

 

8.8. The Carrier acknowledges and agrees that Transpologic reserves the right to require the Carrier to pay a penalty to the Shipper in the event of a cancellation and / or modification of the Transaction. Transpologic reserves the right to increase or decrease the amount of the penalty in the event of repeat and / or abusive cancellation by the Carrier.

 

8.9. If a Shipper or a Carrier cancels a Transaction within 72 hours prior to the date of the Confirmation, Transpologic will refund to the Carrier the amount received as a Commission, provided that the Services have not actually occurred. Transpologic may conduct an investigation to verify if the Services have been rendered.

 

8.10. The Carrier who cancels a Transaction less than 72 hours prior to the date recorded on the Confirmation must provide the reasons for its request to Transpologic. If these are deemed insufficient, Transpologic reserves the right not to reimburse the Commission paid by the Carrier.

 

8.11. No reimbursement to the Carrier by Transpologic is possible if the Shipper has confirmed, through his Account that the Services have been rendered by the Carrier.

 

8.12. If the Shipper makes the cancellation and the Shipper reserves another Carrier for the same Service Request, then Transpologic will refund the Commission paid by the Carrier.

 

8.13. A Shipper or Carrier may not cancel more than three (3) Transactions in any twelve (12) month period. Any additional cancellation is considered excessive and entitles Transpologic to impose a penalty and / or to temporarily suspend and / or delete the User Account of a Shipper or Carrier and / or deny him access to the Platform, and this without prior notice.

 

8.14. For any request for reimbursement of the Commission, the Carrier must submit an application by e-mail to info@Transpologic.ca within a maximum period of two (2) months from the date specified in the Confirmation. Any request for reimbursement will require confirmation from the Shipper that the Transaction has not actually been completed. Transpologic reserves the right to request proof from the Carrier in order to validate its claim.

 

8.15. The Commission's reimbursement period is approximately thirty (30) days from receipt of the reimbursement email sent by the Carrier to info@Transpologic.ca. The reimbursement period may be extended if Transpologic must investigate and / or make requests for supporting documents from the Carrier and / or the Shipper. The reimbursement period may also be extended depending on the holiday period, summer season, demand for reimbursement or any other compelling reason to delay repayment.

 

 

 

9. DELIVERY OF SERVICES AND TIME LIMITS

 

9.1. If the Carrier fails to show up on the premises in accordance with the terms of the Confirmation or those provided between the Shipper and the Carrier subsequent to the Confirmation, the Transaction shall be deemed canceled. In this case, the Shipper will not have any sums to disburse to the Carrier and the terms of clause 8 of the Terms of Use apply.

 

9.2. If the Carrier is late, he must contact the Shipper to inform him and suggest a new schedule. The Shipper may refuse this new schedule only if he has reasonable grounds to do so.

 

9.3. If the new schedule is accepted by the Shipper, the Shipper replaces the schedule contained in the Confirmation.

 

9.4. If the new schedule is refused by the Shipper, the Transaction shall be canceled and the terms of Article 8 of these Terms of Use shall apply.

 

9.5. If, despite reasonable efforts to perform the Transaction in accordance with the terms and conditions set forth in the Confirmation, the Carrier cannot perform the services by the sole fault of the Shipper, the Commission paid to Transpologic will be reimbursed. Transpologic may conduct an investigation to verify that the Services have been rendered and / or that reasonable efforts have been made by the Carrier.

9.6 If the request is made from the shipping form. Transpologic is intermediate and uses the conditions of use of the third parties. It's same conditions / terms are applicable and will transfer to the quote applicant.

10. UPDATING THE PLATFORM

 

10.1. Transpologic may, at its sole discretion, notify the User of updates to the Platform. These updates are subject to and governed by these Terms of Use.

 

11. INTELLECTUAL PROPERTY

 

11.1. The Platform is the exclusive property of Transpologic. The Platform and its contents are protected by copyright.

 

11.2. All the names, expressions, texts, designations, logos, images, photos, graphics and drawings contained in or related to the Platform are the exclusive property of Transpologic or any person, company or corporation affiliated and / or associated with Transpologic.

 

11.3. The Platform is protected by Canadian and international copyright, intellectual property, trademark and other applicable laws and treaties, as applicable.

 

11.4. No User who uses or navigates on the Platform is authorized without the prior written permission of Transpologic to use, copy, reproduce, publish, transmit, communicate or modify in any way whatsoever and for any reason materials, information or trademarks related to and contained in the Platform.

 

12. IMMEDIATE THREAT

 

12.1. If, in the reasonable judgment of Transpologic, the Platform site constitutes an immediate threat to the integrity or performance of the equipment or any other service user, or constitutes an immediate threat to the security of a person, Transpologic may take such measures as it deems necessary without prior notice to the User and without incurring any liability for any damages that may be caused by any interruption in the conduct of the commercial activities of the User.

 

13. ACCESS TO INFORMATION

 

13.1. Transpologic reserves the right to verify at any time, in its sole discretion, the traffic of the Platform for the purposes of maintenance and monitoring of the Terms of Use and the Platform.

 

14. LINKS TO THIRD PARTY SITES

 

14.1. The Platform may contain Hyperlinks to other websites operated by third parties. These Hyperlinks are for reference only. Transpologic has no control over these sites and is not responsible for their content, their privacy policy or their level of security. The User must ensure that he takes the necessary precautions and assumes all the inherent risks when navigating on sites other than the website of Transpologic.

 

14.2. Transpologic uses tools that allow the display of content from external platforms in order to improve the performance and functionality of its Platform. These tools allow you to see the content hosted on external platforms directly from the pages of the Transpologic Platform and interact with them. If a tool is installed, web traffic data can still be collected for the pages where the tool is installed, even if users do not use it. Here is a non-exhaustive list of the tools for displaying content from external platforms that Transpologic uses:

 

14.2.1. Google Maps API: Google Maps is a map visualization service provided by Google Inc. that allows the Platform to incorporate this type of content on its pages and applications. The only personal data that Google Maps API collects are login cookies and usage data. Transpologic advises and invites the User to read their policy on the protection of privacy at the following address: http://www.google.it/intl/en/policies/privacy.

 

15. USER REVIEW, COMMENTS AND CONTENT

 

15.1. The Shipper and Carrier undertake to refrain from entering into agreements outside the Platform.

 

15.2. Transpologic reserves the right to remove and / or modify, without prior notice, any information, picture and / or graphic representation, contact information or any other content posted on the Platform, the blog, or the instant messaging service which would enable the Shipper or Carrier to communicate between themselves prior to the release of the Personal data by Transpologic.  

 

15.3. Transpologic may post reviews, comments or any other content submitted by Shippers or Carriers through its Platform.

 

15.4. When a Shipper or a Carrier submits a review or a comment regarding a Service carried or received through the Platform, he specifically grants Transpologic or any other, whether natural or legal, person, firm or corporation affiliated and /or associated to Transpologic, a non-exclusive right, royalty-free, perpetual, transferable, and irrevocable to use, reproduce, modify, adapt, translate, distribute, publish or post publicly the said review or comment.

 

15.5. Transpolgic reserves the right not to publish and / or to remove a review or a comment, without prior notice, should the said review or comment contain illegal, obscene, defamatory, threatening, pornographic, racist or ethnically offensive material, harassment, hate-speech, that encourages the commission of a criminal act or gives rise to civil liability, that violates the law or which is otherwise inappropriate.

 

 

16. OBLIGATIONS AND RESPONSIBILITIES OF THE USER

 

16.1. The User of the Platform recognizes and expressly agrees:

 

16.1.1. Not to reverse engineer, decompile, disassemble, decode, reduce or otherwise decipher all or part of the Platform, or otherwise access its source code, or participate in or favor the commission of any such act.

 

16.1.2. Not to design or permit the design of products that are similar or derived from the Platform, or use the Platform's specifications to design or permit the design of similar or derived products.

 

16.1.3. Not to modify, alter, correct errors, develop or adapt the Platform.

 

16.1.4. Not to disable any Platform characteristic or control feature.

 

16.1.5. Not to sell, market, distribute, license, sublicense, grant any right to use, give, assign or otherwise transfer to any person any part of the Platform.

 

16.1.6. Not to rent, lend, publish, give access or otherwise make available to anyone else the Platform, except in accordance with these Terms of Use.

 

16.1.7. Not to remove, modify, alter, hide or conceal the references to Transpologic's intellectual property rights, titles and interests appearing on or in the Platform.

 

16.1.8. To ensure that it has, for all Content transmitted, exchanged, uploaded, downloaded and displayed, all required permissions, such as copyrights and other intellectual property rights, to distribute, transfer and make available on the Platform.

 

16.1.9. To accept all liability arising out of activities under its Usage Account.

 

16.1.10. To ensure that its employees, associates, subcontractors, officers and directors, if applicable, fully comply with the provisions of the Terms of Use.

 

16.1.11. Not to attempt to access an unauthorized area of ​​the Platform when accessing the Platform.

 

16.1.12. Not to introduce viruses, spam, spyware or malicious software, spam, worms, chain letters, phishing mail, unsolicited promotion or advertising of any form whatsoever on the Platform.

 

16.1.13. To inform Transpologic without delay, of any defect, vice or problem affecting the Platform and detected by the User.

 

16.1.14. Not to attempt to probe, scan, compromise or test the vulnerability of the Platform or any related system or network or attempt to violate its security.

 

16.1.15. Not to submit illegal, obscene, defamatory, threatening, pornographic, racist or ethnically offensive material, harassment, hatred that encourages the commission of a criminal act or gives rise to civil liability that violates the law or Which is otherwise inappropriate.

 

16.1.16. To comply with applicable provincial and federal laws, including but not limited to the Private Sector Personal Information Protection Act, RLRQ, c. P-39.1.

 

16.1.17. Not to infringe on the physical or computer integrity of the Platform by using programs or files infected by viruses or any other computer programs of the same nature that would be likely to disrupt the operation of the service or take control of a Remote computer workstation. The User will be solely responsible for any damage that may result.

 

16.1.18. That when transmitting, exchanging, uploading, downloading or displaying Content in connection with the use of the Platform, the User is solely responsible for the security and confidentiality of this Content. Transpologic is not responsible and no direct or indirect damage can be claimed to it for the damages suffered with respect to the Content and its sharing. The User declares to be the author of this Content and the legitimate holder of all the rights in this Content, or he declares to have obtained all the authorizations required in good form allowing the use of this Content. The User is responsible in the event of loss or non-recoverability of the Content and no direct or indirect damage can be claimed to Transpologic as such.

 

16.1.19. The User is responsible for all Content sent via the Platform and acknowledges, due to the limitations of the Internet, that the transfer of Content remains at his / her own risk.

 

16.1.20. The User shall be liable to Transpologic and third parties for any direct or indirect damage of any kind whatsoever caused by any content or other material communicated, transmitted or disseminated by the User on the Platform or through the Services it offers, and any breach of these Terms of Use. Consequently, the User undertakes irrevocably and expressly to indemnify Transpologic and its officers against all remedies and convictions on this account.

 

17. QUALITY OF THE PLATFORM OPERATION

 

17.1. Transpologic undertakes to invest its best efforts, taking into account the human resources and the computer equipment at its disposal, in order to ensure the smooth operation and continuous accessibility of the Platform.

 

18 SHARING THE USER ACCOUNT

 

18.1. If the User gives access to his Account, shares his username (s) and password(s) so that a third party can benefit from the Services of the Platform through his Account, Transpologic may under no circumstances be held responsible for any damages resulting from access to this Account.

 

18.2. The User must ensure that any person, whether natural or legal, who accedes to his Account, fully respects the provisions of these Terms of Use, including but not limited to intellectual property.

 

18.3. Without limiting the foregoing prohibitions, any unauthorized loan, assignment or access will be deemed a waiver of the confidentiality of any Content transmitted to the Platform by the User or Transpologic in respect of the third party and the User will be liable of any consequences arising therefrom.

 

18.4. The User acknowledges that Transpologic is justified in assuming that any Content Shared on the Platform under these Terms of Use will be received by the User only.

 

19. TRANSPOLOGIC COMMITMENTS ON THE APPLICATION AND QUALITY OF THE SERVICE OFFERED ON THE PLATFORM

 

19.1. Transpologic is committed to taking the necessary steps to ensure the smooth functioning of the Platform and the continuous accessibility of its services.

 

19.2. Transpologic commits to act to the best of its abilities and to make reasonable efforts to offer a service of quality.

 

20. WARRANTIES AND LIMITATIONS OF LIABILITY

 

20.1. Transpologic reserves the right at any time to modify or temporarily interrupt all or part of the service offered on the Platform without having to inform the User beforehand. Transpologic cannot at any time be held liable to the User or to any third party for any modification, suspension or interruption of service.

20.2. In no case shall Transpologic guarantee that the Platform and / or the Services meet the expectations and / or needs of the User. Transpologic cannot be held responsible and no direct or indirect damage can be claimed to it with respect to the results that the User will obtain following the use of the Platform.

 

20.3. Given the potential instability of the Internet and to the extent permitted by law and any applicable regulations, Transpologic does not offer any guarantees of performance by the Platform. Transpologic offers no guarantee that the services offered by the Platform will not be uninterrupted, safe or error-free and that any defect identified in the functionalities offered can be corrected. The User is solely responsible for any damage suffered to his computer or for any loss of data following downloading or uploading of any material via the Platform.

 

20.4. Transpologic shall in no way be held responsible for the introduction of a computer virus or other computer program into the user's computer equipment.

 

20.5. To the extent permitted by law and any applicable regulations, Transpologic cannot be held liable in any way and no direct or indirect damage can be claimed to it resulting from the use or the impossibility of using the Platform, including any damage associated with loss of profits, loss of opportunity or loss of data.

 

20.6. Transpologic can in no case be held responsible and no direct or indirect damage resulting from a Force majeure or similar event can be claimed.

 

20.7. In no event shall Transpologic be held liable and no direct or indirect damage may be claimed to it as a third party, intermediary and in any way whatsoever, in respect of any Content displayed, transmitted or otherwise communicated, in the Platform or through the Platform.

 

20.8. Transpologic will not be required to guarantee the integrity and security of the Platform when a User gives access to the Platform to a third party who is not registered on the Platform.

 

20.9. Transpologic is not a party to the contract between the Shipper and the Carrier, nor to the Booking, the Confirmation or the Offer. Transpologic is totally independent of the Carriers.

 

20.10. Transpologic shall not be held liable for any damage, breakage, loss or theft of property entrusted to the Carrier by the Shipper.

 

20.11. Transpologic shall not be held liable for any damage, breakage or loss suffered by the Carrier and its representatives when performing the Transaction.

 

20.12. Transpologic shall not be held liable for any damage resulting from delay or cancellation of the Services by the Carrier or the Shipper.

 

20.13. Transpologic shall not be held liable for any breach of duty by the Carrier or the Shipper.

 

20.14. Transpologic will not be held liable for any direct, indirect, special or consequential damage arising from the use of any material, products or services of any kind, the impossibility of using them, delay in delivery or partial delivery, extinguishment of rights or loss of profits, data, exploitation or goodwill, whether such damages are contractual, tortuous or extracontractual, and Transpologic is not obliged to grant  the User  or grant a third party compensation or other form of compensation.

 

20.15. The User agrees to indemnify and exonerate Transpologic, its subsidiaries, affiliates, officers, directors, employees, and agents from all losses, damages, claims, actions or demands, including reasonable legal costs, use or misuse of the Platform, all activities that occur under the password or account linked to the User, violation of these Terms of Use by the User or any other violation of the rights of another person or a party.

 

20.16. In the event of a litigation with or any of the Carriers or any Shipper, the Shipper and / or the Transporter shall discharge Transpologic, its directors, officers, agents and employees from any and all claims, demands and damages of any kind and nature unknown, anticipated or unannounced, disclosed or undisclosed, inherent or related to such litigation.

 

20.17 Claims for LTL - Courier services, or via the shipping form, can be sent to info@transpologic.ca. The claim process can  take up to 60 to 90 days. All our partners have their own insurance coverage according to the chosen carrier. If you want to cover the shipment  for a full value, we recommend adding amount ($) inside the insurance on the form. Otherwise, Transpologic covers you for a minimum;

LTl / Freight: .75 cents for each $100.

Courier: Carrier insurance, which is provided directly from your carrier (UPS, FedEx, etc). The cost differs from carrier to carrier for each $100 after the first $100 which is covered automatically.

21. GENERAL PROVISIONS

 

21.1. Preamble

 

The preamble to the Terms of Use is an integral part of the Terms.

 

21.2. Interpretation

 

Any provision of the Terms of Use that does not comply with applicable laws is presumed to be of no effect to the extent that it is prohibited by any of those laws. The same applies to all clauses which are subordinate or linked to such a provision insofar as their applicability depends on that provision.

 

21.3. Adaptation

 

If any provision of the Terms of Use contravenes any applicable law, it shall be interpreted, where applicable, to conform to applicable law or, failing that, in the manner most likely to comply with the intent without departing from the requirements of the applicable laws.

 

21.4. Gender and number

 

To the extent that the understanding of the text requires it, a word expressing the masculine gender includes the feminine and vice versa. The same is true for a word expressing a number in that the singular includes the plural and vice versa. Any sentence containing polyvalent words of this nature shall be read, where the meaning of the text so requires, so as to accommodate the appropriate version of such a word with the necessary grammatical changes to give a logical meaning to the sentence concerned.

 

21.5. Titles

 

The titles used in the Terms of Use have no interpretive value. They are used only as elements of classification and identification of the constituent provisions of the Terms of Use and, because of this function, cannot be attributed or influence the interpretation of a provision.

 

21.6. Noncompliance

 

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall, where possible, be interpreted, limited or, if necessary, divided so as to eliminate such invalidity or unenforceability. Where applicable, all other provisions of the Terms of Use remain in force and continue to apply.

 

22. RIGHTS RESERVED

 

22.1. Transpologic reserves all rights not expressly granted to the User in these Terms of Use.

 

23. ELECTION OF HOME

 

23.1. Transpologic and the User agrees to elect domicile in the judicial district of Gatineau, Province of Quebec, Canada, in order to resolve any dispute, claim, interpretation, application, fulfillment, validity and effects with respect to these Terms of Use and / Or use of the Platform.

 

24. APPLICABLE LAWS

 

24.1. The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada applicable therein.

 

25. FEES

 

25.1. In the event of any dispute, disagreement, dispute, claim, interpretation, application, fulfillment, validity and effect with respect to the use of the Platform, the application, interpretation and implementation of any provision of these Terms of Use, the User will be liable for the reasonable attorney’s fees of Transpologic as well as legal costs.

 

26. NO WAIVER

 

26.1. The inertia, negligence or delay, or even the tolerance of Transpologic to exercise any right or remedy under these Terms of Use, shall under no circumstances be interpreted as a waiver of such right or remedy.

 

27. SCOPE OF TERMS OF USE

 

27.1. The Terms of Use are binding on the User and his agents, heirs, assignees, successors and legal representatives.

 

28. TECHNICAL ASSISTANCE

 

28.1. The User has access to technical assistance during the use of the Platform, from Monday to Friday, between 8:00 am and 4:30 pm (Eastern Time Zone), by writing to the following address: info@Transpologic.ca.

 

FOR ANY QUESTION CONCERNING THE TERMS OF USE OF THIS PLATFORM, YOU MAY CONTACT US: by e-mail at info@Transpologic.ca.

 

 

Privacy Policy

 

Last updated: June 21, 2017

 

GENERAL PROVISIONS

 

Transpologic (the "Company") places the utmost importance on the protection of the personal information of its current, former and future customers, service providers, partners and others ("Users"), in the use of the accessible online platform at www.transpologic.ca (the "Platform"). In this context, Transpologic wishes to ensure the accuracy, security and confidentiality of this personal information, in accordance with applicable laws. This Privacy Policy ("Policy") describes, among other things, how Transpologic collects, processes, uses, stores and discloses personal information in its possession.

 

This Policy also explains how the Users can ask us questions and also how to revise and update their personal information. We encourage the Users to read this Policy carefully and periodically review it as we may be required to make changes from time to time.

 

1. CONSENT

 

1.1. By providing Transpologic with their personal information the Users authorize Transpologic to use it and communicate it in the context of its services, to facilitate relations with Transpologic and the Users of the Platform and that it is accessible when necessary, to employees, partners or agents of Transpologic in the performance of their duties and for purposes directly related to the use, maintenance or upkeep of the Platform, in accordance with this Policy and as authorized or required by law, and implicitly if indicated by the circumstances.

 

1.2. Transpologic will seek the Users’ permission before using their personal information for purposes other than those covered by their initial consent.

 

1.3. The Users may withdraw their consent at any time, subject to legal and contractual restrictions and reasonable notice. If Users provide Transpologic or its service providers and agents with personal information regarding another individual, Users undertake to have the necessary authorization to do so and / or Users have obtained all necessary consents from the concerned individual in order to enable us to collect, use and disclose this personal information for the purposes set out in this Policy.

 

1.4. Users may withdraw their consent or request to discontinue receiving future electronic communications from us by writing to us at info@transpologic.ca .

 

2. RECEIVED INFORMATION AND OBJECTIVE

 

2.1. Personal information is collected in order to provide Users with the services of Transpologic via its Platform. Personal information collected on this occasion includes, but is not limited to, Users’ names, Users’ personal email addresses, and any other information that may allow us to provide better services to Users. Users also authorize Transpologic to use their personal information in order to receive relevant information related to our activity by e-mail.

 

2.2. In addition to the information that Users provide knowingly, Transpologic may also collect non-personal information, such as domain names and IP addresses from Platform users, make usage statistics (e.g. Web browser types and operating systems used) and establish browsing history. Transpologic uses this information to carry out its activities, promote its services and administer its Platform more effectively.

 

3. COLLECTION OF PERSONAL INFORMATION

 

3.1. Transpologic collects Users’ personal information with their consent and complies with legal requirements. Whenever possible and appropriate, we collect Users’ personal information directly from them or from persons designated by Users to provide us with their personal information.

 

3.2.     Cookies:   We may also collect information by means of cookies or similar technologies, especially during Users’ visits on the Platform. Cookies can be installed automatically and stored for Platform authentication temporarily in memory or on Users’ hard disks. These methods allow Transpologic to collect various types of information, including pages Users visit, emails Users read and other information. Users can disable these cookies through the settings in their browser.

 

WARNING: Because certain types of cookies may be automatically saved for the Platform’s authentication purposes, when using a publicly accessible computer, Users must log out of their session on the Platform after each use.

 

4. PROTECTION OF YOUR PERSONAL INFORMATION

 

4.1. The security of Users’ information is important to us. Transpologic takes technical, contractual, administrative and physical security measures to protect the personal and confidential information that Users provide to us.

 

4.2. Thus, the following measures will be taken by Transpologic and Users acknowledge that these are adequate means in this respect:

 

4.2.1. The exchange of personal and confidential information (password, address, etc.) between the Platform and the Users’ browser is protected by Secure Sockets Layer (SSL) data encryption technology. The Platform SSL certificate, generated by the certification body Comodo Ca Limited, allows the User to validate the legitimacy of Transpologic and its Platform.

 

4.2.2. Transpologic undertakes to grant access to the Platform and its contents only to its employees, collaborators, subcontractors, managers and administrators who need access to it for the purpose of rendering services to Users in connection with the Platform, and they will be required to respect the confidentiality of the above-mentioned contents.

 

4.2.3. Transpologic and Users undertake to respect and ensure respect by the members of their staff, employees, subcontractors, officers and administrators, for the confidentiality of all information concerning the other party of which, on the one hand, they have been aware only in connection with the conclusion or execution of the present agreement, with the exception of information obtained in the public domain or obtained by third parties by legitimate means and, on the other hand, the Terms of Use and any amendments thereto, with the exception of the obligation to state them in order to ensure its execution.

 

4.2.4. Transpologic undertakes to respect the laws and regulations applicable to its activity and to take all useful and necessary measures to detect and prevent the negligence, fraud and theft of Users’ personal information.

 

4.3. Despite the implementation of security measures, no mode of transmission or retention of information is completely secure. Transpologic does not offer any guaranteed results with respect to the integrity or security of electronic communications with Users and Users agree to receive unencrypted electronic communications from Transpologic. In addition, Transpologic does not guarantee the security of Users’ personal information.

 

5. STORAGE OF PERSONAL INFORMATION

 

5.1. Any personal information stored on the Platform will self-destruct automatically after a period of ninety (90) days of its transmission, exchange, upload, download and display. The liability of Transpologic cannot be incurred as such.

 

6. DISCLOSURE OF PERSONAL INFORMATION

 

6.1. Transpologic may disclose to a third-party information identifying Users only for purposes related to our service delivery (for example, by communicating it to the selected carrier upon confirmation of the services received) or as required or permitted by law such as to assist in the preparation of judicial proceedings, conduct investigations or wrongdoing, or to assist the authorities in the performance of their duties. Transpologic may also disclose Users’ personal information to third parties in connection with a reorganization of the Company or a merger with another entity or a sale of all or a substantial portion of the assets of the Company provided that the personal information provided continues to be used for the purposes authorized by this Privacy Policy by the entity resulting from the reorganization.

 

6.2. When we advertise, we reserve the right to share your information with advertisers or sell this information. We may disclose information to advertisers after Users remove their names and any other information that would identify them or combine it with other information in a way that will no longer allow identification.

 

7. LINKS TO OTHER SITES AND ADVERTISEMENTS

 

7.1. One of our services may contain links to other websites. We try to link only to sites and services that share our high standards of privacy, but please understand that we are not responsible for content published outside of sites, or privacy practices used by other companies or websites. This Policy only applies to Transpologic.

 

8. ACCESS TO YOUR PERSONAL INFORMATION

 

8.1. Transpologic, subject to certain exceptions, may inform Users of the personal information pertaining to them, the use that is made thereof and the fact that it has been communicated to third parties. Users will also be able to access this information for any modification or deletion.

 

8.2. Users’ access request must be made by e-mail and sent to info@transpologic.ca

 

8.3. We will acknowledge receipt of Users’ request by email. We may ask Users to confirm their identity before providing them with this information. Access to this information will be provided free of charge, but if Users request a copy or transmission of their information, we may charge a reasonable fee. We will inform Users of the amount in advance and Users will be given the opportunity to withdraw their request. We will give Users access to their information within thirty (30) days of receiving their request or Users will be notified by e-mail that additional time is required to respond to their request.

 

8.4. In some cases, we may be unable to grant Users access to information concerning them, in whole or in part. If we are unable to do so, or if the law does not permit it, we will provide Users with an explanation as well as the other measures available to them.

 

9. AMENDMENTS TO THIS PRIVACY POLICY

 

9.1. Transpologic reserves the right to modify or supplement this Policy at any time. The changes will be in effect when notice of such change is posted on the Company's website and changes will be made available upon request by contacting info@transpologic.ca. Please check this privacy policy periodically for updates by checking the date of the "Last Updated" at the top of this document.

 

9.2. As part of changes to our Policy, we will use Users’ personal information only for the terms and for the purpose of this Privacy Policy in effect at the time Users provided their information or as required or permitted by law, unless Users expressly agreed that we do it otherwise.

 

10. INFORMATION UPDATE

 

10.1.   If the information provided by Users has been changed, they are responsible to update the relevant information on the Platform. Any changes must be approved by a Transpologic staff member.

 

11. QUESTIONS OR COMMENTS

 

11.1. Should Users have any questions about this Privacy Policy or if they wish to access their personal information or change any consent regarding the use or disclosure of their personal information, they are required to contact Transpologic at the following email address:  info@transpologic.ca

.