Company: The legal entity "company" that posts runs on app in search of a driver to haul.
Driver: The sole proprietor, partnership, or corporation "driver" that is legally licensed to drive under an AZ or DZ license in Canada.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Company or Driver access and use of the Services constitutes Company or Driver agreement to be bound by these Terms, which establishes a contractual relationship between Company and Driver and EZLinQ. If Company or Driver do not agree to these Terms, Company or Driver may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with Company or Driver that may exists. EZLinQ may immediately terminate these Terms or any Services with respect to Company or Driver, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to Company or Driver in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
EZLinQ may amend the Terms related to the Services from time to time. Amendments will be effective upon EZLinQ posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Driver continued access or use of the Services after such posting constitutes Driver consent to be bound by the amended Terms.
The Services constitute a technology platform that enables users of EZLinQ mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with independent Company's of such services, including independent third party transportation providers and independent third party logistics providers under agreement with EZLinQ or certain of EZLinQ affiliates ("Company's"). The Services are made available solely for commercial use.
COMPANY OR DRIVER ACKNOWLEDGE THAT EZLinQ DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY EZLinQ OR ANY OF ITS AFFILIATES. COMPANY OR DRIVER ACKNOWLEDGE that EZLinQ IS A TECHNOLOGY COMPANY.
Subject to Company or Driver compliance with these Terms, EZLinQ grants Company or Driver a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
Company or Driver may not:
Provision of the Services.
Company or Driver acknowledge that portions of the Services may be made available under EZLinQ various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as "EZLinQ," "DriverLinQ," Company or Driver also acknowledge that the Services may be made available under such brands or request options by or in connection with:
Third Party Services and Content.
The Services and all rights therein are and shall remain EZLinQ' property or the property of EZLinQ licensors. Neither these Terms nor Driver use of the Services convey or grant to Company or Driver any rights:
In order to use most aspects of the Services, Driver must register for and maintain an active personal user Services account ("Account"). Company must register for and maintain an active personal user Services account ("Account"). Driver must be at least 21 years of age to obtain an Account. Account registration requires Driver to submit to EZLinQ certain personal information or registered company information, such as Driver name, address, driver's license number, mobile phone number, HST number, and age. Company must maintain a valid payment method. Driver and Company agree to maintain accurate, complete, and up-to-date information in Driver Account. Driver and Company failure to maintain accurate, complete, and up-to-date Account information, including having an invalid payment method or Driver's license, may result in inability to access and use the Services or EZLinQ termination of these Terms with Company and Driver. Driver and Company are responsible for all activity that occurs under Accounts, and agree to maintain the security and secrecy of the Account username and password at all times. Unless otherwise permitted by EZLinQ in writing, Driver or Company may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 21. Driver may not authorize third parties to use Driver Account, and Company or Driver may not allow persons under the age of 21 to receive transportation or logistics services from Company's. Company or Driver may not assign or otherwise transfer Driver Account or any other information available on the Application to any other person or entity. Company or Driver agree to comply with all applicable laws when using the Services, and Company or Driver may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials without proper credentials). Company or Driver will not, in Driver use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Company or any other party. In certain instances Driver or Driver company may be asked to provide proof of identity to access or use the Services, and Company or Driver agree that Company or Driver may be denied access to or use of the Services if Company or Driver refuse to provide proof of identity.
By creating an Account, Company or Driver agree that the Services may send Company or Driver informational text (SMS) messages as part of the normal business operation of Driver use of the Services. Company or Driver may opt-out of receiving text (SMS) messages from EZLinQ at any time by sending an email to email@example.com indicating that Company or Driver no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. Company or Driver acknowledge that opting out of receiving text (SMS) messages may impact Driver use of the Services.
EZLinQ may, in EZLinQ sole and absolute discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Company's services, subject to any additional terms that EZLinQ establishes on a per promotional code basis ("Promo Codes"). These Promo Codes have no cash value. Company or Driver agree that Promo Codes:
EZLinQ reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by Company or Driver or any other user in the event that EZLinQ determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
EZLinQ may, in EZLinQ sole and absolute discretion, permit Company or Driver from time to time to submit, upload, publish or otherwise make available to EZLinQ through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by Company or Driver remains Driver property. However, by providing User Content to EZLinQ, Company or Driver grant EZLinQ a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and EZLinQ business and on third-party sites and services), without further notice to or consent from Company or Driver, and without the requirement of payment to Company or Driver or any other person or entity. Company or Driver represent and warrant that:
Company or Driver agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by EZLinQ in its sole discretion, whether or not such material may be protected by law. EZLinQ may, but shall not be obligated to, review, monitor, or remove User Content, at EZLinQ sole discretion and at any time and for any reason, without notice to Company or Driver.
Network Access and Devices.
Company or Driver are responsible for obtaining the data network access necessary to use the Services. Driver mobile network's data and messaging rates and fees may apply if Company or Driver access or use the Services from a wireless-enabled device and Company or Driver shall be responsible for such rates and fees. Company or Driver are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. EZLinQ does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Company or Driver or Driver company understand that use of the Services may result in charges to Company or Driver for the services or goods Company or Driver receive from a Company ("Charges "). After Company or Driver have received services or goods obtained through Driver use of the Service, EZLinQ will facilitate Driver payment of the applicable Charges on behalf of the Company as such Company's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by Company to the Driver. Charges will be inclusive of applicable taxes where required by law. Charges paid by Company or Driver are final and non-refundable, unless otherwise determined by EZLinQ.
All Charges to company are due immediately and Driver payment will be facilitated by EZLinQ using the preferred payment method designated in Driver Account within 30 days, after which EZLinQ will send Driver or Driver company a receipt by email. If Driver primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, Company or Driver agree that EZLinQ may, as the Company's limited payment collection agent, use a secondary payment method in Driver Account, if available.
Important: DRIVER PAYMENTS WILL NOT BE MADE UNLESS DRIVER NOTIFIES EZLinQ OF STARTING LOCATION AND END LOCATION THROUGH APP PING NOTIFICATIONS. APP WILL NOTIFY TO SUBMIT BOTH UPON ENDING TRANSACTION. IF DRIVER IS IN A DEAD ZONE WITH NO DATA SERVICE DRIVER MUST COMPLETE TRANSACTION AT NEXT AVAILABLE DATA SERVICE ZONE.
As between Company or Driver and EZLinQ, EZLinQ reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in EZLinQ sole and absolute discretion. Further, Company or Driver acknowledge and agree that Charges applicable in certain conditions (e.g., weather) may increase during applicable conditions. EZLinQ will use reasonable efforts to inform Company or Driver of Charges that may apply, provided that Company or Driver will be responsible for Charges incurred under Account regardless of awareness of such Charges or the amounts thereof. EZLinQ may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and Company or Driver agree that such promotional offers and discounts, unless also made available to Company or Driver, shall have no bearing on use of the Services or the Charges applied to Company or Driver. Company or Driver may elect to cancel request for services or goods from a Company 4 hours prior to such Driver's arrival, in which case Company or Driver may be charged a cancellation fee.
This payment structure is intended to fully compensate the Driver for the services or goods provided. After Company or Driver have received services or goods obtained through the Service, Company or Driver will have the opportunity to rate experience and leave additional feedback about Driver or Company.
Repair or Cleaning Fees.
Company shall be responsible for the cost of repair for damage to, or necessary cleaning of, company vehicles and property resulting from use of the Services under company Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a company reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by EZLinQ in EZLinQ reasonable discretion, EZLinQ reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Company using Driver payment method designated in Driver Account. Such amounts will be transferred by EZLinQ to the applicable Company and are non-refundable. These will not include repairs that are considered insurable by the Company.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EZLinQ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EZLinQ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EZLinQ DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF COMPANYS. COMPANY OR DRIVER AGREE THAT THE ENTIRE RISK ARISING OUT OF DRIVER USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH COMPANY OR DRIVER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
EZLinQ SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF EZLinQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EZLinQ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
EZLinQ SERVICES MAY BE USED BY COMPANY OR DRIVER TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH COMPANY'S, BUT COMPANY OR DRIVER AGREE THAT EZLinQ HAS NO RESPONSIBILITY OR LIABILITY TO COMPANY OR DRIVER RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO COMPANY OR DRIVER BY COMPANYS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER DRIVER RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Company or Driver agree to indemnify and hold EZLinQ and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) Driver use of the Services or services or goods obtained through Driver use of the Services; (ii) Driver breach or violation of any of these Terms; (iii) EZLinQ use of Driver User Content; or (iv) Driver violation of the rights of any third party, including Companys.
EZLinQ does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole and absolute right to determine when, where, and for how long you will utilize the EZLinQ Platform
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to EZLinQ designated agent at firstname.lastname@example.org.
Notice.EZLinQ may give notice by means of a general notice on the Services, electronic mail to Driver email address in Driver Account, or by written communication sent to Driver address as set forth in Driver Account. Company or Driver may give notice to EZLinQ by written communication to EZLinQ address at email@example.com.
Company or Driver may not assign or transfer these Terms in whole or in part without EZLinQ prior written approval. Company or Driver give approval to EZLinQ for it to assign or transfer these Terms in whole or in part, including to:
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words "including" and "include" mean "including, but not limited to."
Choice of Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario, CANADA, without giving effect to any conflict of law principles.
Any dispute, controversy or claim arising out of this business relationship including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the ADR Chambers Arbitration Rules.
Effective Date: January 12, 2017
EZLinQ collects information about Company or Driver when Company or Driver use our mobile applications, websites, and other online products and services (collectively, the "Services") and through other interactions and communications Company or Driver have with us.
This Privacy Statement ("Statement") applies to persons or registered companies anywhere in Canada who use our apps or Services to request transportation, delivery, or other on-demand services ("Users").
Information Company or Driver or Company Provide to Us
We collect information Company or Driver or company provide directly to us, such as when Company or Driver create or modify Driver account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information Company or Driver choose to provide.
Information We Collect Through Driver Use of Our Services
When Company or Driver use our Services, we collect information about Company or Driver in the following general categories:
Important Information About Platform Permissions
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without Driver consent. And these platforms have different permission systems for obtaining Driver consent. The iOS platform will alert Company or Driver the first time the EZLinQ app wants permission to access certain types of data and will let Company or Driver consent (or not consent) to that request. Android devices will notify Company or Driver of the permissions that the EZLinQ app seeks before Company or Driver first use the app, and Driver use of the app constitutes Driver consent. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we've created these pages to serve as authoritative and up-to-date resources for our users.
Information We Collect From Other Sources
We may also receive information from other sources and combine that with information we collect through our Services. For example:
We may use the information we collect about Company or Driver to: