+1 866 744 7122
info@byexpress.com
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BYEXPRESS TERMS & CONDITIONS
GENERAL TERMS & CONDITIONS

1. UNIFORM TERMS OF CARRIAGE TO APPLY
This contract for carriage of goods includes all uniform terms of carriage enacted for the carriage of general freight pursuant to any statute, regulation or by any lawful authority, which is in force and effect in the jurisdiction of origin of this contract at the time of shipment.

2. NOTICE OF CLAIM
(1) No Carrier is liable for loss, damage or delay to any goods carried under the Bill of Lading unless notice thereof setting out the particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating Carrier or to the delivering Carrier within Thirty (30) days after delivery of the goods or partial delivery of the goods, or in the case of failure to make delivery, within Six (6) months of the date of shipment.
(2) The final statement of claim must be filed within Nine (9) months from the date of shipment together with a copy of the paid freight bill.

3. RECEIPT OF GOODS
The Carrier acknowledges receipt of the goods itemized on the face of the within Bill of Lading by the consignor in apparent good order and condition. Damages and shortages must be noted on carrier's proof of delivery when delivery is made. The following are not acceptable notations on proof of delivery and will not allow for claim: Subject to inspection, Possible shortages or Possible damages.
Damages which are not visible at the time of delivery must be reported immediately to the carrier, without delay. When concealed damages are found, stop unpacking, note damage, notify carrier and request inspection. If the shipment is unpacked after damage is found, a claim cannot be submitted. Please keep all packaging for inspection.

4. CONSIGNOR'S WARRANTIES AS TO PREPARATION OF SHIPMENT
The consignor warrants to the Carrier:
(1) The cartons, containers and goods have been marked to identify the consignee, the consignee's address, number of pieces and any delivery instructions and that such markings are consistent with the markings and instructions of this Bill of Lading.
(2) The goods have been properly packaged and prepared to withstand those risks of damage necessarily incidental to transportation.
(3) If these goods are Dangerous Goods, the goods and this Bill of Lading have been prepared to comply with all Federal and Provincial Laws and Regulations applicable to the Transportation of Dangerous Goods.

5. LIMITATION OF LIABILITY
(1) The amount of any loss or damage for which the Carrier is liable, whether or not the loss or damage results from negligence, shall be subject to the following limitations of liability:
  a) Carrier’s maximum liability for loss or damage to the goods, computed on the total actual weight of the shipment, shall be limited to the lesser of (i) CAD$2.00 per pound (or CAD$4.41 per kilogram), or (ii) the value of the goods at the place and time of shipment, including freight and other charges if paid, unless shipper or appropriate party has declared a higher value for the goods on the face of the Bill of Lading, in which case Carrier’s maximum liability shall be the declared value of the goods;
  b) Notwithstanding the above, the parties agree that all used goods and personal effects will be shipped at Shipper’s risk of damage, with no liability whatsoever to Carrier for any damages.
(2) The parties agree that the Carrier cannot reasonably be aware of the consequences of and the costs accruing to the consignor, consignee, owner or any other party in the event of the loss of use of the goods due to the late, delayed or non-delivery of the goods, the whole or partial destruction of all or any part of the goods however caused. Accordingly, the Carrier is not liable for any indirect, consequential or incidental loss occurring to any party because of the any delay or non-delivery, or damage to the goods.

6. EXCEPTIONS FROM LIABILITY
The carrier shall not be liable for loss, damage, or delay to any of the goods described in the Bill of Lading caused by an Act of God, the Queen’s or Public Enemies, riots, strikes, a defect or inherent vice in the goods, the act of default of the consignor, owner or consignee, authority of law, quarantine or a difference in weights of grain, seed or other commodities caused by natural shrinkage.

7. DANGEROUS GOODS
Every person, whether as principal or agent, shipping dangerous goods without previous full disclosure to the Carrier as registered by law shall indemnify the Carrier against all loss, damage or delay caused by the failure to disclose and such goods may be warehoused at the consignor’s expense.

8. LIABILITY FOR PAYMENT
Regardless of any instructions provided for the payment of freight charges, the consignor shall, in the event the Carrier is unable to collect in accordance with those instructions, be responsible for all freight charges together with all costs incurred as a result of the inability to collect transportation charges in accordance with the consignor's instructions.

9. ENTIRE CONTRACT
The Uniform Terms of Carriage and conditions herein form the entire contract between the parties, which shall not be modified without the written consent of the parties.




TERMS OF USE (BYEXPRESS MOBILE APP)

1. TERMS OF USE

By downloading, browsing, accessing or using Byexpress Logistics Final Mile mobile application (“Mobile Application”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.


2. DEFINITIONS

In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:

"Account" means an account created by a User on the Mobile Application as part of Registration.

"Privacy Policy" means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.

"Use" means the act of using the mobile application for its intended purpose.

"Register" means to create an Account on the Mobile Application and "Registration" means the act of creating such an Account.

"User", “Users”, “Agents” and “Agents” means users of the Mobile Application


3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION

3.1 Applicability of terms and conditions: The use of the Mobile Application are subject to these Terms and Conditions of Use.

3.2 Location: The Mobile Application are intended solely for use by Users who access the Mobile Application without geographic restrictions.

3.3 Scope: The Mobile Application are for your commercial and non-commercial.

3.4 Prevention on use: We reserve the right to prevent you using the Mobile Application.

3.5 Equipment and Networks: The provision of the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application. To use the Mobile Application you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3.6 Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application.

3.7 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application you agree to the handling of such material through Byexpress Corporation Privacy Policy.


4. USE

4.1 Need for registration: You must Register to use the Mobile Application. 

4.2 Application of these Terms and Conditions of Use: By using the Mobile Application and actively receiving and transmitting data, you acknowledge that the Use is subject to these Terms and Conditions of Use. 

4.3 Use: Any attempted Use not consistent with these Terms and Conditions of Use may be disallowed or rendered void at our discretion. 

4.4 Responsibility for Use by agent: Each agent shall be responsible to ensure that all data submitted and received through the mobile application is accurate. 

4.5 Restrictions: (a) Use of the Mobile Application outside its intended function is strictly prohibited. (b) Data submitted by agent through the use of Mobile Application is restricted to the delivery or deliveries for that agent(c) Mobile Application data for the agent shall not be disclosed to any outside party and to remain in confidence with the agent user. 

4.6 Byexpress Corporation Not Liable: For the avoidance of doubt, Byexpress Corporation shall not be liable for any losses or damages suffered by you resulting from a failure by the relevant agent to fulfil responsibilities in accordance with Clause 4.4 


5. LOCATION ALERTS AND NOTIFICATIONS

5.1 You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application and locational services must be turned on your mobile telephone or other handheld devices (as the case may be).


6. YOUR OBLIGATIONS 

6.1 Mobile Application terms: You agree to (and shall) abide by the terms and conditions of the Mobile Application, as may be amended from time to time. 

6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account. 

6.3 Content on the Mobile Application: It is your responsibility to ensure that any information available through the Mobile Application are accurate and up to date before acceptance 

6.4 Prohibitions in relation to usage of Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Mobile Application: 

6.4.1 to send or receive any material which is not civil or tasteful 

6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

6.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; 

6.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); 

6.4.5 to cause annoyance, inconvenience or needless anxiety; 

6.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system; 

6.4.7 for a purpose other than which we have designed them or intended them to be used; 

6.4.8 for any fraudulent purpose; 

6.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; 

6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or

6.4.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure. 

6.5 Prohibitions in relation to usage of Mobile Application: Without limitation, you further undertake not to or permit anyone else to: 

6.5.1 resell the Mobile Application ; 

6.5.2 furnish false data including false names, addresses and contact details; 

6.5.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan); 

6.5.4 execute any form of network monitoring which will intercept data not intended for you; 

6.5.5 enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party); 

6.5.6 extract data from or hack into the Mobile Application; 

6.5.7 use the Mobile Application in breach of these Terms and Conditions of Use; 

6.5.8 engage in any unlawful activity in connection with the use of the Mobile Application; or 

6.5.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other agent or from properly using the Mobile Application. 


7. RULES ABOUT USE OF THE MOBILE APPLICATION

7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at 1 866 744 7122 or support@byexpress.com.

7.2 We do not warrant that your use of the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Mobile Application, access to the Mobile Application may be suspended, restricted or terminated at any time. 

7.3 We do not give any warranty that the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology. 

7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information the Mobile Application from time to time. Your access to the Mobile Application may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information from the Mobile Application at any time. 

7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.


8. SUSPENSION AND TERMINATION

8.1 If you use (or anyone other than you, with your permission uses) the Mobile Application in contravention of these Terms and Conditions of Use, we may suspend your use of the Mobile Application. 

8.2 If we suspend the Mobile Application, we may refuse to restore the Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use. 

8.3 Byexpress Corporation shall fully co-operate with any warrant from law enforcement authorities or court order requesting or directing Byexpress Corporation to disclose the identity or locate anyone in breach of these Terms and Conditions of Use so as long as such warrants or court orders do not violate basic privacy, human and civil rights 

8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Mobile Application; (b) suspend your use of the Mobile Application; and/or (c) Mobile Application for persons we believe to be connected (in whatever manner) to you, if: 

8.4.1 you commit any breach of these Terms and Conditions of Use; 

8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or 

8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person. 

8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination. 


9. DISCLAIMER AND EXCLUSION OF LIABILITY 

9.1 The Mobile Application, the information on the Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied. 

9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

9.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. 

9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness. 

9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages. 

9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. 

9.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer or agent that cannot be excluded or limited are affected. 

9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.


10. INDEMNITY 

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Mobile Application, (b) any other party’s use of the Mobile Application using your user ID, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding


11. INTELLECTUAL PROPERTY RIGHTS

11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be. 

11.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited. 

11.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners. 


12. AMENDMENTS 

12.1 We may periodically make changes to the contents of the Mobile Application at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application. 

12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you. 


13. APPLICABLE LAW AND JURISDICTION 

13.1 The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of Canada, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application. 

13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Canada in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.


14. PRIVACY POLICY

14.1 Access to the Mobile Application and use of the Mobile Application is subject to this Privacy Policy. By accessing the Mobile Application, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your information in the manner prescribed in this Privacy Policy and for the purposes set out in Clauses 4.1. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Mobile Application. 

14.2 Byexpress Corporation collects personal and business information for billing and service purposes, service requirements and for securing our customer's transportation/logistic needs. All information retained by Byexpress Corporation will only be used or disclosed for the purpose for which it was collected. All customer information is retained for a 24 month period from the date of last service. Our Privacy Division can be contacted at info@byexpress.com 

(a) We will collect and use business and personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. 

(c) We will collect information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. 

(d) Information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. 

(f) We will protect all information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of information is protected and maintained.

14.3 To participate as a Byexpress Final Mile Agent, you must permit the Google Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser. We may collect the precise location of your device when the Byexpress Final Mile app is running in the foreground or background of your device. We may also derive your approximate location from your IP address. We use your location information to verify that you are present in your preferred region or city when you begin or engage in a delivery through the Byexpress Final Mile Services (a “Delivery”), connect you with delivery opportunities in your zone, and track the progress and completion of your Deliveries. You can enable the location tracking feature through the settings on your device or Platform or when prompted by the Byexpress Final Mile mobile app. If you choose to disable the location feature through the settings on your device or Platform, Byexpress Final Mile app will not receive precise location information from your device, which will prevent you from being able to receive and complete delivery opportunities in your area.