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Last Updated: August 2, 2024

ZiiP Mobile Application Terms of Service

These Terms of Service (the “Terms”) describe the terms by which Commcar Inc. (“we”, “us”, “our” or “Commcar”) offers to you access to its proprietary mobile application ZiiP (the “Platform”).

The Platform serves as a matchmaking platform operated by Commcar, connecting individuals or enterprises (“you” or the “User”) in need of courier services with third-party independent contractors acting as personal couriers (“Couriers”) via its online marketplace (collectively, the “Services”). The Platform allows you to submit a request to courier certain cargo (“Shipment”) and a Courier can accept such requests for transport of Shipments. Both you and the Service Provider can track such requests. The Service includes access to the Platform, any transactions occurring on the Platform, and any User Content (as defined herein).

COMMCAR DOES NOT ASSESS THE SUITABILITY, LEGALITY, REGULATORY COMPLIANCE, QUALITY OR ABILITY OF ANY COURIER OR ANY OTHER CUSTOMER YOU ENGAGE OR INTERACT WITH THROUGH YOUR USE OF THE PLATFORM OR THE SERVICES, AND COMMCAR MAKES NO WARRANTY AND DISCLAIMS ALL LIABILITY REGARDING THE SAME.

These Terms sets forth the terms for use of the Services by you. By signing up and registering with Commcar or by accessing or using the Service, you are accepting these Terms, on behalf of yourself or the company, entity or organization that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms, on behalf of yourself or the company, entity or organization that you represent. You may not access or use the Service or accept these Terms if you are not at least the age of majority in your jurisdiction.

Please read these Terms carefully before using the Services. Use of the Services is conditioned on your agreement to all of the terms and conditions contained in these Terms, including the policies and terms linked to or otherwise referenced in these Terms.

You acknowledge the Commcar Privacy Policy located at https://ziip.app/privacy-policy (the “Privacy Policy”), as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Statement.

IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER ASPECTS OF THE SERVICES.

Modification of Terms

The “last updated” legend above indicates when these Terms were last amended. Commcar may unilaterally amend all or any part of these Terms at any time by updating these Terms on the Platform. Commcar will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the Platform and the Services. There will be no cost or penalty for doing so. If you continue to access or use the Platform and the Services after the 30-day period, you thereby agree to the amended Terms.

These Terms will be presented in the mobile application on a "show as needed" basis. Additionally, you can always find them in the account settings menu within the mobile application. You agree to review these Terms regularly to determine your rights and responsibilities.

The Services

The ZiiP app employs a matchmaking algorithm, facilitating the connection between shippers and Couriers. Shippers and Couriers, both referred to as Users, interact on the ZiiP mobile application, utilizing matchmaking services for networking purposes.

Users are subject to networking fees for utilising matchmaking services, as well as accessing tools, utilities, and other benefits offered by the ZiiP app. These benefits include, but are not limited to, payment handling, documentation, geo-fencing, geo-dynamic routing, earnings histories, and shipping histories.

While the Services facilitate the transactions for the shipment and courier of Shipments, Commcar is not a party to any transaction between Users. Commcar does not control, authenticate or review any Shipments, nor does Commcar assume any responsibility for the accuracy, reliability or completeness of any information provided by any Users as it relates to the Services. You acknowledge that Commcar does not represent any of the Couriers, shippers, contractors, customers, or any other users in specific Shipments. Commcar does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the courier services provided by Couriers through the Services.

Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Commcar uses reasonable efforts to verify the accuracy of the profile information of Couriers, however, because user verification on the Internet is difficult, and Commcar cannot and does not confirm each User's purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.

You acknowledge that you are fully assuming the risks of facilitating any Shipment or other transactions in connection with using the Platform or Service, and that You are fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions in connection with the Platform or Service. Such risks shall include, but are not limited to, misrepresentation of services, fraudulent schemes, unsatisfactory quality, failure to meet specifications or regulatory and operational standards, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed through the Platform or Services may violate or may be asserted to violate third party rights, and the risk that you may incur costs of defence or other costs in connection with third parties’ assertion of third party rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by third party rights claimants. All of the foregoing risks are hereafter referred to as "Transaction Risks". You agree that Commcar shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
You are an independent contractor to Commcar and remain solely responsible for screening, selecting, hiring, assigning, any Shipment to Couriers. You are solely responsible for your own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of your cargo in a Shipment, and, as applicable, your equipment, services, employees, contractors, agents and servants. Commcar is not an agent of you or any Courier, and you or any Courier is not an agent of Commcar.

Additionally, Commcar may provide a means for Users to rate and review each other and to have those ratings made available to other Users. Commcar does not express any opinion, nor does Commcar make any assurances regarding, the truth or accuracy of any User reviews or ratings. Commcar does not regularly monitor or remove reviews or ratings, or any portion thereof, provided that Commcar reserves the right to do so in its sole discretion.

YOU SHALL DEFEND, INDEMNIFY, AND HOLD COMMCAR AND ITS AFFILIATED AND RELATED ENTITIES HARMLESS FROM AND AGAINST, AND SHALL PAY AND REIMBURSE, ANY AND ALL DIRECT OR INDIRECT LOSS, LIABILITY, DAMAGE, CLAIM (INCLUDING ANY THIRD PARTY CLAIM), FINE, COST OR EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR IN ANY WAY RELATED TO THE PERFORMANCE OR BREACH OF THESE TERMS BY YOU, YOUR EMPLOYEES, SUBCONTRACTORS OR INDEPENDENT CONTRACTORS (COLLECTIVELY, THE “CLAIMS”), INCLUDING CLAIMS FOR OR RELATED TO PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE AND YOUR POSSESSION, USE, MAINTENANCE, CUSTODY OF A SHIPMENT; PROVIDED, HOWEVER, THAT YOUR INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH WILL NOT APPLY TO THE PRORATED EXTENT THAT ANY CLAIM IS DIRECTLY AND PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR WILFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED OR HELD HARMLESS. YOU HEREBY EXPRESSLY WAIVE ANY EXCLUSIVE REMEDY DEFENSE, INCLUDING, BUT NOT LIMITED TO, THOSE AVAILABLE UNDER ANY WORKERS’ COMPENSATION OR OTHER OCCUPATIONAL ACCIDENT STATUTORY REGIME, TO THE EXTENT NECESSARY TO EFFECTUATE YOUR OBLIGATIONS UNDER THIS PROVISION.

License Grant and Use Restrictions

A) License Grant

Subject to your continued compliance with these Terms, Commcar grants you a personal, revocable, limited, nonexclusive, non-transferable license:

  • to use and access the end user functionality of the Platform and the Services, and to view, download, and print any publicly available Ziip content that Commcar makes available to you on the Platform (the “Content”)
  • to view any other content provided by a third-party on the Platform to which you are permitted access to.

All Content available through the Platform is owned by Commcar and Commcar’s third-party providers. All Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. These Terms permit you to use the Services for your personal use only, and not for any commercial purpose other than for transactions enabled by the functionality of the Platform. For greater certainty, Commcar, in its sole discretion, may terminate or suspend your license to use the Platform and/or some or all of the Services or Content at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If Commcar terminates or suspends your license to use the some or all of the Platform, the Services or Content, these Terms will nevertheless continue to apply in respect of your use of the Platform, Services and Content prior to such termination or suspension.

Access to the Services is permissible only through authorized means. It is your obligation to verify that you download the appropriate Mobile App compatible with your device. Commcar holds no responsibility in cases where you lack a compatible device or download an incorrect version of the Mobile App. The termination of these Terms and the App Terms by Commcar is within their right if you employ the Ziip Platform and Services with an unauthorized device.

B) Use Restrictions

You will, and will not permit any third party to: (a) make the Platform or the Services generally or the Content available to, or use the Services or the Content for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Services or the Content, or include the Services or the Content in a service bureau or outsourcing offering, (c) use the Services to publish or transmit any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety, or to store or transmit infringing, libelous, obscene, defamatory or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use Services to send unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (collectively, “Malicious Code”), (e) interfere with or disrupt the integrity or performance of the Services, (f) attempt to gain unauthorized access to the Platform or Content or their related systems or networks, (g) access or use any Commcar intellectual property except as permitted under these Terms, (h) alter, modify, reproduce, copy or make derivative works from all or any part of the Platform or the Content or any part, feature, function or user interface of the Platform, (include any copyright, trademark, or any other notices that are provided on or in connection with any Content), (i) frame or mirror any part of the Platform or the Content, or otherwise incorporate any portion of the Platform or the Content into any product or service, (j) access or use the Services, in whole or in part in order to build a competitive product or service or to benchmark with a non-Commcar product or service, (k) reverse engineer the Platform, or any software used to provide them (to the extent such restriction is permitted by applicable laws), (l) access or use any part of the Services or Content that is (expressly or implicitly) not intended for use by you, (m) use any non-Commcar automation code in relation to the Services or Content (including any “bot” or “spider”), (n) collect or harvest any information from the Services or Content in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on the Platform, Hardware or the Content, (p) probe, scan, or test the vulnerability of the Services or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the Platform, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to Commcar or any other person on or through the Services.

C) Reservation of Rights

Commcar and its licensors have and will retain all right, title and interest in and to the Commcar Platform, the Hardware and the Content and the software and systems used to provide them (including, without limitation, all patent, copyright, trademarks, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Services. No rights are granted to you under these Terms other than as expressly set forth in these Terms. Without limitation, you have no right to use any trademarks owned or used by Commcar.

Your Content

The Platform enables you to provide and upload content that includes but not limited to shipment information, feedback, messages, text, images, graphics, geographic data, and other information or content (collectively, "Your Content"), to the Platform for the purposes of making Your Content available to the public, including other users of the Platform. You acknowledge and agree that you are solely responsible for all Your Content you submit, provide or upload and the consequences for submitting, providing or uploading it. Your Content must comply with all laws and these Terms.

Commcar will use Your Content in connection with providing the Services to you and to other Users to the extent necessary to provide the Services. Commcar may make Your Content available to the public, including to other Users. You agree that by providing any of Your Content in whatever form and through whatever means, you grant to Commcar a perpetual, worldwide, irrevocable, non-exclusive, sublicensable, royalty-free license to use, reproduce, process, display, publish, distribute, and make available to the public all or any portion of such Your Content in connection with providing the Services to you and to other users, and to incorporate Your Content in any form into the Services. This license includes the right to host, index, cache or otherwise format Your Content. In posting Your Content, you represent to Commcar that you have obtained at your own expense all necessary consents, rights and permissions required to grant to Commcar the license provided herein.

You represent and warrant that you own Your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Commcar and Commcar's use of Your Content will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any third party.

You agree that Commcar is not responsible for any violations of any third-party intellectual property rights in any of Your Content. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Your Content uploaded, displayed or otherwise provided by you to the Platform. You will only include in Your Content the personal information of another individual if you have the express permission of that individual or if you are otherwise entitled to do so at law.

Your Content shall not:

  • violate any applicable law including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms.
  • in any manner violate any third party right or any agreement between you and a third party.
  • include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Commcar’s sole discretion.
  • involve, provide, or contribute any false, inaccurate, or misleading information.
  • impersonate or attempt to impersonate us, our employee(s), another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing or that are not yours).
  • transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
  • encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Platform or other Services or expose them to liability.
  • cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
  • promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

Commcar has the right, without notice to:

  • remove or refuse to post any of Your Content for any or no reason in our sole discretion.
  • at all times, take such actions with respect to any of Your Content Commcar deems necessary or appropriate in our sole discretion.
  • take appropriate legal action, including, without limitation, referral to law enforcement or any other governmental authority with respect to Your Content or your use of any of the Services. Without limiting the foregoing, we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform or other Services.

Commcar has no obligation, nor any responsibility to any party to monitor the Platform or other Services, and do not and cannot undertake to review material that you or other users submit. Commcar cannot ensure prompt removal of objectionable material after it has been posted and Commcar has no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

User Agreement, Representations, and Restrictions

A) Account Registration and Fees

To utilize the Service, you must create a Ziip account ("Account"). Upon registration, you commit to:

  • furnishing authentic, precise, up-to-date, and comprehensive information about yourself, including any credit card details ("Credit Card").

  • sustain and promptly revise your Account details to ensure accuracy and completeness.

  • examine the fees ("Fees") associated with your utilization of the Services, accessible by way of the Platform or the website.

  • grant authorization to Commcar or its third-party service providers to debit your Credit Card for all incurred Fees related to your use of the Services. Provision of inaccurate information may lead to the suspension or termination of your Account.

B) User Responsibilities and Compliance

You represent and warrant to Commcar that you will:

  • safeguard the security of your user identification, password, and other confidential information associated with your Account.
  • preserve the security, confidentiality, and integrity of all messages and content transmitted through or stored on the Platform and Services.
  • bear responsibility for all use, activities and all charges arising from the utilization of your Account, including any unauthorized use, until you provide written notice to us and take measures to thwart any further unauthorized use.
  • abide by all applicable local, provincial, national and foreign laws, treaties and regulations in connection with use of the Services, including those related to data privacy, international communications and the transmission of technical or personal information.

If you become aware of any unauthorized use of your Account, you must notify Commcar immediately. It is your responsibility to update or change your account information as appropriate.

C) Additional Representations

You further represent, warrant, and covenant that:

  • You are at least the age of majority in your jurisdiction and have the power and authority to enter into and perform your obligations under these Terms.
  • All information you provide, including Credit Card information, is truthful, accurate, and complete.
  • You are authorized or have the permission of the authorized signatory of the Credit Card used to pay any Fees.

D) Safe Shopping

Federal law limits your liability for unauthorized charges to your Account. Commcar will pay up to $50 of your liability if your Credit Card is used fraudulently on the Platform.

E) Customer Insurance Claims

Claims Process:

  • Claims must be submitted in writing by the sender within 10 business days from the time of delivery.
  • Claims must include order ID, pickup date, description and photo of the damaged product, and the documented replacement dollar value (CAD) of the item(s).

Liability and Insurance Fee

  • Commcar is not liable for concealed damages, as customers are responsible for proper packing.
  • A delivery signature or photo documentation is considered evidence of intact and undamaged delivery.
  • Customers will be charged a $2 insurance fee per delivery, allowing Claims for missing or damaged goods up to $250 per delivery event.

Telephone Calls and Text Messages

In order to use the full capability of the Services, you may be asked to provide us with a telephone number at which we can reach you. Telephone numbers may be required to connect Users in order to facilitate Shipments, and so that Commcar can reach you with informational calls and SMS and/or MMS text messages related to such Shipments, provide technical and other support related to the Platform and Services, and otherwise make the Platform and Services available to you. The frequency of text messages that we send to you depends on various factors, including your interactions with us, your use of the Services and whether you consent to receiving text messages sent through an automatic telephone dialling system. All calls to and from Commcar may be monitored or recorded for quality and training purposes.

If you consent to receiving promotional text messages in connection with your account, we may also send you promotional text messages and such text messages may be sent through an automatic telephone dialling system.

All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. If you wish to opt out of such text messages, you may do so by following the "opt-out" instructions in the text message, or by editing your account settings. Message and data rates may apply. We will treat data collected through text messages in accordance with our Privacy Statement.

Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMMCAR EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMMCAR MAKES NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE; OR (D) RESULT IN ANY REVENUE, PROFITS, OR COST REDUCTION. THE PLATFORM AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMMCAR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

THE SERVICES MAY BE USED BY YOU TO COORDINATE AND FACILITATE THE COURIER OF SHIPMENTS WITH CONTRACTORS, BUT YOU AGREE THAT COMMCAR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE SERVICES OR ANY COURIER SERVICES COORDINATED OR FACILITATED BY YOU THROUGH THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. YOU ASSUME ALL LIABILITY AND RISK OF USING THE SERVICES AND COORDINATING AND FACILITATING COURIER SERVICES VIA THE SERVICES.

COMMCAR RESERVES THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE PLATFORM OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”). COMMCAR ONLY OFFERS AN ONLINE MARKETPLACE THAT ENABLES YOU TO COORDINATE COURIER SERVICES. COMMCAR IS NOT YOU. WE ARE NOT INVOLVED IN THE ACTUAL TRANSPORTATION OF SHIPMENTS. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF ANY VEHICLE, CARGO OR OF THE TRANSPORTATION THAT OCCURS AS A RESULT OF THE SERVICES; NOR DO WE HAVE ANY CONTROL OVER THE TRUTH OR ACCURACY OF USERS' INFORMATION LISTED ON COMMCAR. WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE SERVICES AT ANY TIME WITHOUT NOTICE.

THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. COMMCAR ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. COMMCAR IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY PLATFORM OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES.

FOR GREATER CERTAINTY, COMMCAR IS NOT A TRANSPORTATION OR COURIER SERVICE PROVIDER OR A FREIGHT BROKER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN THESE TERMS OR ANY OTHER TERMS OF SERVICE OR DOCUMENT SHALL BE CONSTRUED TO IMPLY COMMCAR IS A CONTRACTED COURIER SERVICE PROVIDER OR A FREIGHT BROKER, OR THAT COMMCAR IS SUBJECT TO THE REGULATORY OR LEGAL REQUIREMENTS OR LIABILITIES OF A COURIER SERVICE PROVIDER. COMMCAR HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION, COURIER SERVICES PROVIDED BY ANY CONTRACTED COURIER OR ANY OTHER PARTY USING THE SERVICES.

Limitation of Liability

COMMCAR AND ITS LICENSORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE HELD LIABLE TO ANY PARTY FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE, OR ANY OTHER ECONOMIC ADVANTAGE. COMMCAR AND ITS LICENSORS DISCLAIM ANY LIABILITY FOR LOSS, DAMAGE, OR INJURY INCURRED BY YOU, ENCOMPASSING BUT NOT LIMITED TO ISSUES ARISING FROM THE USE OR INABILITY TO USE THE PLATFORM OR SERVICE. THIS LIMITATION OF LIABILITY EXTENDS TO ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER, OR SPONSOR AFFILIATED WITH THE ZIIP APP, COMMCAR WEBSITES, OR PRODUCTS, REGARDLESS OF WHETHER COMMCAR OR ITS LICENSORS WERE PREVIOUSLY INFORMED OF THE POTENTIAL FOR SUCH DAMAGES.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF COMMCAR (AND COMMCAR’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS AND AGENTS) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO THE SERVICES, OR USE THEREOF, OR THE CONTENT, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) $100.

IN SOME CIRCUMSTANCES, APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES, OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You commit to defending, indemnifying, and exonerating Commcar, its licensors, as well as their parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys, and agents from any claims, expenses, damages, losses, liabilities, and costs (including attorneys' fees and costs). This pertains to instances involving:

  • a) Your contravention or violation of these Terms or any pertinent law or regulation, regardless of whether mentioned herein.
  • b) Your infringement of the rights of any third party, including any contracted Couriers.
  • c) Your utilization or misapplication of the Platform or Service.

Feedback

If you provide Commcar any feedback, suggestions, or other information or ideas regarding the Services (“Feedback”), you hereby assign to Commcar all rights in the Feedback and waive all moral rights therein, and agree that Commcar has the right to use such Feedback and related information in any manner it deems appropriate, without compensation or liability to you. Commcar will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Commcar any information or ideas that you consider to be confidential or proprietary.

Location Information

Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage, or other loss. Neither Commcar, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services, whether provided by Commcar, third party content providers, or other Users. Geolocational data that you upload, provide, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk of providing such data to other Users of the Services.

Payment, Pricing, and Promotions

A. Payment Terms:

  • Fees are due upon shipment creation and are non-refundable unless prior invoicing arrangements have been made with Commcar, and credit terms have been established.
  • Payments must be made in CAD dollars via a valid credit card on file with Commcar.
  • Customers with established credit terms will incur a late fee of 5.0% per month or the highest rate allowed by law, whichever is lower, on overdue amounts.
  • Accepted payment methods include (a) check (received by Commcar no later than the specified due date), (b) wire transfer, (c) automated clearing house (ACH) transfer, or (d) a valid credit card on file with Commcar.

B. Pricing:

  • Commcar reserves the right to determine final prevailing pricing.
  • The pricing information published on the web or in any advertising may not accurately reflect prevailing pricing.
  • Fees are subject to change at any time for any reason.

C. Promotions:

  • Commcar may extend promotional offers to some or all customers.
  • These offers may feature different features and rates.
  • Unless specifically offered to you, these promotions will not alter your existing rates or contracts.

D. Processing of Payments

Commcar uses Stripe, Paypal, Trolley and each of their affiliates (each, a “Payment Processor” and collectively “Payment Processors”) in processing transactions and providing related payment services (the “Payment Processing Services”). You acknowledge your use of the Payment Processing Services is conditional on your acceptance of the applicable Payment Processor’s terms and policies provided on its website. Personal information you submitted during your use of the Payment Processing Services is subject to the Commcar’s Privacy Statement and the privacy policies of the applicable Payment Processor.

Commcar may use data about your use of the Payment Processing Services, and about your transactions effected through the Payment Processing Services for the same purposes for which Commcar is permitted to use other data collected by Commcar in connection with the Services, as provided in these Terms and the Privacy Statement.

From time to time, Commcar may change the service provider it uses to support the payment services, or Commcar may offer the option of using other service providers to support the payment services, or Commcar may elect to itself perform some or all of the services that were previously provided by the service provider. If Commcar does so, then, in order to continue to use the payment services, you may be required to agree to additional terms imposed by Commcar. If you do not wish to accept those terms, then you must cease using the payment services, and may result in your inability to use the Services.

You agree that you are solely responsible for the collection and/or payment of all taxes, which you may be liable for in any jurisdiction arising from your use of the Services. Commcar is not responsible for collecting, reporting, paying, or remitting to you any such taxes.

Commcar currently charges no fees for access and use of the Services, but we reserve the right to charge such fees for the Service, reserve the right to change the service fees at any time, and will provide user notice through the Commcar website of any fee changes before they become effective. If you continue accessing or using the Service after such notice, you must pay all applicable fees. Commcar reserves the right at any time to reject, cancel or terminate any transaction.

Interactions with Third Parties

A) Third-Party Engagement

  • Engagement with Third-Party Service Providers, Advertisers, or Sponsors:

  • In the course of using the Platform, you may interact with third-party service providers, advertisers, or sponsors providing goods and/or services.

  • All such interactions and the related terms are solely between you and the respective third party.

  • Commcar and its licensors assume no responsibility for any correspondence, purchases, transactions, or promotions between you and third parties.

B) Endorsement Disclaimer:

  • Commcar does not endorse any Internet sites linked through the Platform or resembling Commcar online by name, service description, or logo.
  • Commcar and its licensors are not responsible for the content, products, services, or materials available from such sites or third-party providers.

C)Additional Terms with Third Parties:

  • Some third-party providers may impose additional terms and conditions before your use or access to their goods or services.
  • Commcar disclaims any responsibility or liability arising from agreements between you and third-party providers.

D) Advertising and Marketing

Utilisation of Third-Party Advertising:

  • Commcar may use third-party advertising and marketing to support the Platform as well as any other Commcar platforms or services.
  • By agreeing to these Terms, you consent to receiving such advertising and marketing.

Information Compilation:

  • Commcar may compile and release information about you and your Platform or Service usage on an anonymous basis for customer profiles or analyses.

Precautions in Interactions:

  • You are responsible for taking reasonable precautions in all interactions with third parties through the Platform.

Terms of service for shipping with the Platform

A) Package Size and Weight
Pricing Estimates:

  • Our estimates are based on deliveries less than 40 pounds, fitting easily in a passenger car, van, or SUV.
  • Maximum size/weight per piece: 24″ x 36″ x 20” and/ no more than 40 lbs.
  • Packages exceeding these limits require additional coordination and may incur extra charges. A shipper may contact support to request special exceptions for package size and weight. In the event a user acting as a personal courier decides to accept a delivery subject to standard pricing that violates the terms of service then that user has accepted the same responsibilities and burden of care of a standard delivery. However, should the size, weight, nature of goods or any other attribute prevent this delivery from successfully being received by the recipient than the contractor may choose to return the parcel to the point of origin and seek to be compensated accordingly by the shipper. A support ticket for such incidents must be raised to Commcar support and will be handled by the Ziip customer support team through the resolution centre.

B) Refusal of Shipment:

  • If a shipment doesn't meet the terms of service, the contractor can refuse pickup, and associated charges are non-refundable.

C) Packages Not Prepared for Shipping:

  • If your package isn't ready within 5 minutes of the contracted Courier's arrival, rescheduling may occur, or a cancellation penalty may apply.

D) Packaging:

  • The shipper is responsible for proper packaging.
  • Commcar doesn't accept responsibility for damage due to poor packaging.
  • Right to refuse improperly packaged products without liability.

E) Restricted Items and prohibited shipments:

  • Restricted Items" not acceptable for shipment listed.
  • Shippers must comply with laws governing restricted items.
  • Commcar retains discretion to amend the list.

F) Dry Ice Shipments and Bio-Medical Materials:

  • Dry ice shipments follow IATA regulations, requiring proper marking and labelling.
  • Bio-medical materials must comply with local, provincial, and federal laws.

G) Damages from odours or leaking fluids:

  • Packages that emit odours, are wet, or are leaking will not be accepted. The shipper is accountable for any costs incurred due to damage or contamination.

H) Dangerous Goods Reporting:

  • Reporting of improperly declared or undeclared dangerous goods is mandatory.
  • Penalties for violations can range up to $500,000 and five years in jail.

I) Right of Refusal:

  • Contractors have the right to refuse, hold, or return a package if it may cause harm, violate terms, laws, or jeopardise service to others.

J) COD Deliveries:

  • Commcar and users don't offer Collect on Delivery ("COD") service.
  • Asking another user to pay at pickup can result in account suspension or termination.

K) Client Cancellations:

  • Cancellation charges may apply after a contractor accepts a Ziip request.
  • Cancellation of a shipment before a contractor acceptance may incur a credit card processing fee up to a maximum of 5% of the original checkout amount.

L) Commcar Cancellations:

  • Commcar reserves the right to cancel an order, refunding funds to the client.

M) Re-Delivery Attempts:

  • After reasonable attempts, undelivered parcels will be returned, incurring additional charges.

N) Wrong or Re-Routed Addresses:

  • Senders are responsible for providing correct destination addresses.
  • Photo proof of delivery sent to the shipper and recipient.

O) Incorrect Shipping Information:

  • Additional charges may apply for delays due to incorrect shipping information.

P) Rejection of Delivery:

  • Recipient refusal prompts contact with the sender for further instructions.
  • Charges may apply for return of refused packages.

Q) Inspection:

  • Commcar, or its representatives, agents or contractors may inspect packages at its discretion, with or without prior notice.

R) Delivery Timelines:

  • Geo-fencing, geo-filtering, and geo-dynamics are used to show shipments efficiently.
  • Commcar isn't directly responsible for driver efficiency but uses measures to enhance it.

S) Hours of Operations:

  • Commcar operates as a 24-hour matchmaking platform for all users, allowing networking at any chosen time.

Notice

Commcar is committed to efficient communication and recognizes the significance of a digital presence. Notices may be delivered through the following channels:

A) General Platform Notice:

  • Announcements posted on the Platform for broad visibility.

B) Email Communication:

  • Notices sent electronically to your verified email address.

C) No Physical Mail Correspondence:

  • Given the digital nature of our operations, we do not engage in physical mail correspondence.

D) Definition of Effectiveness:

  • General Notice: Upon expiration of 48 hours after posting.
  • Email Notice: After 12 hours of sending.

To facilitate effective communication, users are required to have a valid and verified email address linked to their Ziip account during signup. This ensures that important updates and information reach you promptly.

You can reach out to Commcar at any time via email:
Email Address: [email protected]

Electronic Communications

By engaging with any aspect of the Platform and Networking Services, you are granting consent to receive notifications and electronic correspondences from Ziip. These communications may encompass updates pertaining to your account, insights into the Ziip Platform, and particulars about services acquired on the platform. Through accepting electronic communications, you recognize that any notifications, agreements, disclosures, or additional information delivered electronically by Ziip fulfil the essential legal prerequisites for written communication.

Dispute Resolution

A) These Terms and any dispute arising out of or related to them, the Platform, or Services will be governed by the laws of the Province of Ontario, without regard to conflict of law provisions. You agree that any claim or dispute against Commcar must be exclusively resolved in a provincial or federal court located in Toronto, Ontario, except as otherwise agreed by the parties or described in the Arbitration Option paragraph below. You consent to the personal jurisdiction of the courts in Toronto, Ontario for litigating all such claims or disputes.

B) For any claim (excluding claims for injunctive or other equitable relief) seeking an award of less than $10,000, the party requesting relief may choose to resolve the dispute cost-effectively through binding non-appearance-based arbitration. If a party opts for arbitration, they will initiate it through an established alternative dispute resolution (“ADR”) provider agreed upon by both parties. The ADR provider and parties must adhere to the following rules: (a) the arbitration will be conducted by telephone, online, and/or based solely on written submissions, with the specific manner chosen by the initiating party; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless mutually agreed; and (c) any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.

You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to Commcar, such harm would not be quantifiable in monetary damages, and Commcar would not have an adequate remedy at law. You agree that Commcar shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Commcar post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Commcar to enforce any provision of these Terms.

Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Services or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Commcar will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.

Content, Functionality and Access

Commcar may at any time, with or without notice, without liability, and for any reason (a) remove any Content from the Platform or the Services, (b) remove any functionality from the Platform or the Services, (c) change any functionality on the Platform or the Services, (d) modify the Platform, the Services and the Content, and (e) deny any person access to the Platform or the Services. Commcar furthermore reserves the right to take any action related to the Platform, the Services or the Content that is required to comply with applicable law.

Governing Law

These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Services or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and Commcar each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (a) you agree that Commcar shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (b) you agree that Commcar shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order.

Severability

You and Commcar mutually agree that if any part of these Terms is deemed illegal or unenforceable, either in whole or in part, by a court of competent jurisdiction, such provision will be ineffective only to the extent of the determined invalidity or unenforceability within that jurisdiction. This will not impact the validity or enforceability of the provision in any other manner or jurisdiction, and the remaining provisions of the Terms will remain in full force and effect.

Assignment

Commcar retains the right to assign or delegate, in whole or in part, these Terms to any person or entity, at any time, with or without your consent. However, you may not assign or delegate any rights or obligations under the Terms without obtaining Commcar’s prior written consent. Any unauthorized attempt to assign or delegate by you will be deemed void and ineffective.

Entire Agreement

These Terms, along with any documents expressly incorporated by reference herein (including the Privacy Policy), constitute the complete understanding between you and Commcar. They supersede all prior understandings, whether electronic, oral, or written, and whether established by custom, practice, policy, or precedent, between you and Commcar concerning the subject matter related to the Platform and Services.

No Waiver

The failure of Commcar to compel strict adherence from you to any provision of these Terms or the Privacy Policy, or the abstention from exercising any right under them, shall not be construed as a waiver or relinquishment of Commcar’s right to assert or rely upon any such provision or right in that or any other instance. Commcar's explicit waiver of any provision, condition, or requirement of these Terms or the Privacy Policy shall not be interpreted as a waiver of any future obligation to comply with such provision, condition, or requirement.

As expressly and specifically outlined in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Commcar will be considered a modification of these Terms or legally binding unless documented in physical writing, hand-signed by you, and a duly appointed officer of Commcar.

Unforeseeable Events

Commcar will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond Commcar’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

Personal Courier Definitions, Responsibilities and Liability

A. Definitions

A personal courier is a user who seeks permission to become a contractor for delivering services, a status validated by Commcar upon request.

User Driver Status

  • Driver Status:

    • Determines if a user can perform delivery tasks using the mobile application.

  • Regular Driver Status:

    • A regular driver status enables a user to serve as a personal courier for shippers on the Ziip platform.
    • Refer to the Contractor's Guide and other Contactor tutorials and documents that are available on ziip.app. Contractor and delivery help can be found in the ziip app application in the settings menu.

  • Pro Driver Status:

    • A pro driver status grants a user the ability to act as a personal courier with additional permissions beyond those of a regular driver.
    • Explore the Contractor's Guide in the Ziip application for the specific benefits associated with a pro driver status.
    • The Contractor affirms that they operate as an independently established enterprise providing services, meeting all legal requirements, and possessing the necessary licences and permits for the Contracted Services. As an independent entity, the Contractor bears sole responsibility for determining the operations of their business and executing the Contracted Services.

B. Vehicle Accidents and Personal Injury

Accidents While Using the Ziip App:

  • As a personal courier on the Ziip platform, you understand that the Ziip app is a networking platform connecting drivers that are willing to act as delivery contractors and shippers. In the event of a vehicle accident, you should follow standard procedures, such as contacting the police, your insurance company, and towing services. Any disruption to Ziip-related services should be reported to Commcar promptly.

Injury to Others:

  • For incidents involving personal injury, you and the shipper should take appropriate actions following standard legal and safety procedures. Notify Commcar of any disruptions to Ziip-related services due to the incident.

C. Property Damage and Theft

Damage to Property:

  • You acknowledge that, in the event of property damage, standard reporting procedures should be followed. Notify Commcar promptly of any disruptions to Ziip-related services caused by property damage.

Theft:

  • In cases of theft, both you and the shipper should take immediate actions, such as reporting the incident to the police and relevant authorities. Inform Commcar of any disruptions to Ziip-related services due to theft.

D. Handling Shipments

Damage, Loss, or Misplacement of Shipments:

  • Both you and the shipper are responsible for handling shipments appropriately. In the case of damage, loss, or misplacement, standard reporting procedures should be followed. Notify Commcar of any disruptions to Ziip-related services due to shipment issues.

E. Timely Delivery

Commit to delivering shipments promptly. In case of delays, communicate directly with the shipper, and report any unforeseen circumstances affecting delivery times to Commcar.

F. Privacy

Geo Location Tracking:

  • Recognize that Commcar may track your geo-location for networking purposes. This information will be used to suggest and track deliveries while maintaining privacy standards.

Communication with Shippers:

  • Shippers may contact you directly through the Ziip app for delivery-related queries. Respond professionally and promptly to any shipper inquiries.

Live Tracking:

  • The Ziip app may use live tracking for transparency. Your location information will be treated confidentially, adhering to privacy standards.

Personal Information Handling and Compliance:

  • The Contractor is authorized to process Personal Information solely for the duration of this Agreement or until otherwise instructed by Commcar. In the event that a Ziip user retains any Personal Information, the user must expeditiously delete an individual's Personal Information from the user's records upon request by Commcar. Commcar reserves the right to take reasonable and appropriate measures to ensure that all users handle Personal Information in a manner consistent with Commcar's obligations under applicable privacy laws. Users are obligated to promptly inform Commcar if, at any time, they determine that they can no longer fulfil their obligations concerning Personal Information or applicable privacy laws. Upon notification to a user, Commcar may take any reasonable and appropriate steps to cease and remedy the unauthorized use of Personal Information. Upon Commcar's reasonable request, any user shall provide Commcar, its agents, or representatives with all necessary information in the user's possession to demonstrate compliance with all obligations under this Agreement and applicable privacy laws. Commcar retains the right to monitor a user's compliance with this Agreement through any measures deemed appropriate by Commcar or its legal representatives.

G. Onboarding and Document Verification

Contractor Onboarding:

  • During onboarding, users are required to provide driver's license information, auto insurance details, and answer screening questions about their driving record and skills.

Third-Party Validation:

  • Commcar utilizes a third-party validation company to verify driver's license information and conduct criminal background checks before enabling the ability to accept deliveries.

User Responsibility:

  • Users must provide truthful and accurate information during onboarding. The responsibility lies with the user to maintain accurate records and documents, which can be updated in the account settings under the documents menu.

Change in Status:

  • Commcar cannot be held accountable if a contractor passes driver validation and later experiences a change in status (e.g., failure to update auto insurance). Users must proactively manage and update their information to ensure accuracy.

Payments sent to Users

Recommendations:

  • Earnings received through the Platform are subject to the tax laws of your governing jurisdiction. Commcar recommends obtaining financial tax advice and filing services prior to using the Services. Any tax or other financial considerations relating to your use of the Platform and the Services is solely your responsibility, and Commcar expressly disclaims any responsibility and liability in relation to the foregoing. You can access summaries of your earnings through the Platform or by contacting customer support.

Earnings Model:

  • Commcar will compensate users for all completed delivery services based on a publicly available pay model, as detailed in the Ziip app. Commcar reserves the right to adjust or withhold payment if there is a reasonable belief of fraudulent or abusive behaviour by the user. Additional opportunities to earn more may be presented to users at specified times or locations, subject to negotiation.

Tips:

  • Users may receive gratuities from Consumers, either through the Ziip app or in cash.

Payment Processing:

  • Commcar processes payments made by Consumers or Merchants on the Ziip Platform for contracted services provided by users. Users can select their payment options, view applicable terms, and eligibility restrictions within the app. Users are responsible for accurate bank account information for timely payments. In some circumstances processing fees may be incurred by the user. Additional information relating to transactions made on the Platform is covered in the “Payments Processing“ section of these Terms.

Third-Party Processors:

  • If users enter into a separate contract with a third-party processor for payment processing, Commcar will fund the amounts payable, directing the third-party processor to make payments to users. Users are responsible for resolving any issues with the third-party processor after Commcar has fulfilled its payment obligations. All processing fees associated with third party processors may be deducted from the users payments.

Cash-Based Opportunities:

  • Users may be offered cash-based service opportunities. Earnings from these opportunities, including the order subtotal, will be deducted from the user's Ziip app balance. Users are responsible for tracking, reporting, and paying taxes on tips received from cash-based opportunities.

Payment Disputes

Service Failure:

  • In case of a service failure, users may not be entitled to payment, subject to Commcar's reasonable discretion. Any payment withholding will be based on evidence from all relevant parties. Users can challenge Commcar's determination through legal means, following notification to Commcar.

Commcar's Payment Failure:

  • If Commcar fails to remit payment in a timely or accurate manner, users have the right to seek proper payment through legal means. Users must inform Commcar in electronic communications, providing a reasonable opportunity for Commcar to address the issue before pursuing legal action.

Platform App Store Terms

The following applies to any Commcar Platform application you obtain from the Apple App Store (an “Apple Commcar App”): You acknowledge and agree that these Terms are solely between you and Commcar, and not with Apple, Inc. (“Apple”) and Commcar, not Apple, is solely responsible for the Apple Commcar App and the content thereof. You may only use the Apple Commcar App on Apple branded products that you own or control. You must comply with the App Store Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the App Store Terms of Service, the term of the App Store Terms of Service will prevail. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Commcar App. In the event of any failure of the Apple Commcar App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Commcar App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Commcar App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Commcar as the supplier of the Apple Commcar App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple Commcar App or your possession and/or use of the Apple Commcar App, including, but not limited to (a) product liability claims, (b) any claim that the Apple Commcar App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Commcar as supplier of the Apple Commcar App. You acknowledge that, in the event of any third-party claim that the Apple Commcar App or your possession and use of the Apple Commcar App infringes that third party’s intellectual property rights, Commcar, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims with respect to the Apple Commcar App, you may direct them to Commcar. by email at [email protected]. You agree to comply with all applicable third-party terms of agreement when using the Apple Commcar App, including your wireless data service agreement. You and Commcar acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

The following applies to any Commcar Platform application you obtain through the Google Play Store (a “Commcar Google App”): You acknowledge and agree that these Terms are solely between you and Commcar, and not with Google, Inc. or any of its subsidiaries (collectively, “Google”). You must comply with Google’s then-current Google Play Terms of Service. In the event of any inconsistency between a term of these Terms and a term of the Google Play Terms of Service, the term of the Google Play Terms of Service will prevail. Google is only a provider of the Google Play Store where you obtained the Commcar Google App. Commcar, and not Google, is solely responsible for the Commcar Google App. Google has no obligation or liability to you with respect to the Commcar Google App or these Terms. You acknowledge and agree that Google is a third-party beneficiary of these Terms.

Contact Commcar

If you have any questions or concerns about these Terms, please contact Commcar Support via email at:

Email: [email protected]](mailto:[email protected])

Subject Line: Attn: Legal Dept. (to protect your privacy and ensure a reasonable response time)

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