“Sender” refers to the Service User who uses this Delivery Service.
“Cantec” refers to the Service Provider who provides the Delivery Services to the Service User.
“Cantec’s Online System” refers to online software provided by Cantec for the purpose of Delivery Service.
“Recipient” refers to the end receiver who receives the parcel through the Delivery Service provided by the Service Provider.
“Driver” refers to the Service Provider’s personnel and/or driver who does pick up and or/drop off parcels.
“Parties” refers to both the Service User/Sender and Service Provider.
“Delivery Service” refers to the delivery or logistics services provided by Service Provider to Service User, including but not limited to customs clearance, importation procedures, preparation and/or execution of any required paperwork for the purpose of these Terms and Conditions.
“Cash On Delivery Service” refers to the collection of cash payment on behalf of the Service User by the Service Provider during the delivery service.
“ePOD” refers to the electronic proof of delivery.
“Working Day” means each and every day in a calendar week, except for Sunday, and statutory public holidays in Canada, where it means each and every day in a calendar week, except for Saturday and Sunday, and statutory public holidays, unless the Parties agree otherwise.
“Cantec Pack” refers to a pre-paid polymailer entitling the holder to one (1) time use of Cantec’s delivery service and designated as such. Cantec Pack sold are non-refundable and or non-exchangeable.
“Delivery Working Hours” shall mean 9am to 10pm.
- “Standard” means that within 3 working days with no specific time-slot (For Standard delivery, Cantec shall deliver the parcel within 3 working days from the day of pick up anytime between the Delivery Working Hours)
Cantec reserves the right, at its sole discretion, to change, modify, add or remove these Terms and Conditions from time to time and the Sender shall be bound to observe and comply with such terms and conditions prevailing from time to time.
1. Cash On Delivery Service
In the event the Sender makes a request for Cantec to collect cash payment from the Recipient during the Delivery Service process, the Sender shall contact Cantec’s local Sales Team in advance to ensure proper billing and remittance details have been provided to set up for said Service. Parties agree that it shall be the responsibility of the Sender to:
- Enter all relevant information relating to the amount to be collected from the Recipient in Cantec’s Online System, which the Sender shall have access to; and
- Check that the information referred to in Clause 2.a.i. has been accurately entered into Cantec’s Online System pursuant to such input.
Parties agree that Cantec may reject any request to collect cash payment from the Recipient at its reasonable discretion should the Sender provide insufficient or incomplete information.
Payment for the Cash on Delivery Service shall be made on a weekly basis i.e. every Tuesday or Friday of the week (“COD Payment Date”). Cantec shall:
- Provide a schedule detailing the respective amount of cash payments collected from the Recipient during the preceding period as well as the aggregate total of cash payments collected during that period; and
- Pay the Sender the aggregate total of the Cash on Delivery Fees and delivery fees for the preceding period within 3 calendar days.
For avoidance of doubt and notwithstanding anything in this Terms and Conditions to the contrary, “preceding period” shall mean the time period elapsed from the last COD Payment Date.
In the event that there are any disputes in the amount provided in the COD payment schedule, the Sender shall within 7 calendar days confirm or dispute the amounts provided in such COD payment schedule and Cantec shall make the necessary adjustment in the following COD payment schedule. If the Sender fails to provide any reply in 7 working days, Parties agree that the amounts provided in such COD payment schedule shall be deemed accurate and final.
Parties agree that Cantec shall remit the Cash on Delivery Fee via bank transfer to the Sender’s designated account and Cantec shall be deemed to have successfully satisfied its obligations.
The Sender hereby warrants that the bank account details provided and/or any instruction on funds transfer made by Cantec does not involve or facilitates any Anti-Bribery, Anti-Money laundering and Countering Financial of Terrorism or criminal activities and is in compliant with all applicable requirements and regulations in accordance with the law of Canada. In the event that the Client refuses or does not provide the necessary information and documents requested, or if Cantec is unable to verify the necessary matters as mandated by the Rules, Cantec reserves the right to terminate and or suspend this Delivery Service with immediate effect.
The Sender agrees to indemnify and hold Cantec harmless of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including legal fees and costs, that may arise due to or as a result of the provisions in Clauses 2(g) and 2(h) by the Sender pursuant to this Delivery Service.
2. Delivery Attempts
In the event a delivery attempt is unsuccessful due to the unavailability of the Recipient at the designated address, the Recipient will receive an email notice in relation to the failed delivery attempts. Cantec shall perform a 2nd and 3rd attempt to deliver said parcel. Pursuant to the 3rd failed attempt, Cantec shall return said parcel to the Sender and shall be deemed to have fulfilled its obligations and shall be fully entitled to the delivery fee for said parcel.
In the event the contents of a Cantec Pack are lost or damaged as a result of Cantec’s poor handling of the Cantec Pack and subject to Clause 4.b., Parties agree that Cantec shall be liable as below:
2-1. Missing Goods
- Shipper must input the product name, quantity and value when uploading the order. In case that shipper didn’t input this description, the order will be charged compensation as COD.
- For the order has non COD and non description on our system, the shipper must provide the receipt or the evidences confirming that customer ordered.
- The order has non COD, Recovery will check and compare the lowest prices of the product on 3 commercial websites and calculate the average price to compensate.
2-2. Damaged Goods
- Parcel is articles and goods (collect or not collect money): Compensation according to actual damage, based on goods value (known as COD). In case a customer has a discount or promotion with a discount code, the provider will compensate according to the value before deduction.
- For health, hazard and safety, Cantec reserves the right to discard the damaged parcel.
- Cantec will only acknowledge loss and damage claims that are submitted either within 30 days after the order was created or 7 days after successful delivery of order, whichever is later.
- The Sender will receive the payment of compensation within 7 working days from such time as the parcel has been declared lost or damaged by Cantec and in any case no longer than 30 days from the submission of any such claim by the Sender.
- For avoidance of doubt, Cantec will not be liable for any damage to Cantec Packs while they are in the Sender’s possession and care.
2-3. Sender’s Obligations
- It is the Sender’s responsibility to ensure that the name, address and telephone number of both the Sender and Recipient are clearly and accurately stated on the Cantec Pack or accurately populated in Cantec’s Online System.
2-4. Prohibited Items
- It shall be the Sender’s responsibility to comply with the current government regulations and laws. Dangerous and prohibited items, including but not limited to explosives, poison, flammable items, radioactive material, compressed gas, corrosive, firearms, fragile items, and any items which by its nature or packaging may expose any threat or cause any injury or damage are prohibited by law and will not be accepted.
2-5. Misuse of Cantec Pack
- Sender shall indemnify, defend and hold harmless Cantec, its Affiliates, and their directors, officers, agents and employees against any and all losses, claims, demands, damages and expenses, including reasonable attorneys fees (collectively, Losses) arising out of (i) any misuse or abuse of the Cantec Pack sold hereunder, (ii) any unauthorized or unlawful use or distribution of the Cantec Pack sold hereunder, (iii) any unlawful acts or omissions by Senders, including any nonpayment or other assessments relating to the transactions contemplated by this Delivery Service.
- The Sender shall refer to the Terms and Conditions for the correct use and purpose of the Cantec Pack.
- Notwithstanding the above, Cantec shall have the sole and absolute right to refuse service of Cantec Pack at its sole discretion.
2-6. Cantec Pack Polymailer Specifications
- It shall be the Sender’s responsibility to ensure that each parcel is fitted nicely into the Cantec Pack and not stretched beyond the Cantec Pack size.
- Failing which, Cantec hereby reserves the right to reject and/or decline to deliver the parcel and Cantec shall not be liable for any loss or damage of the parcel.
2-7. Ownership of Parcels
- Ownership, whether legal or beneficial, of parcels shall at no point in time be considered to have transferred over to Cantec.
2-8. Safe Contents
- The Sender agrees that the parcel does not contain any harmful, dangerous, illegal, controlled, unlawful, forbidden or objectionable material.
- The Sender agrees to indemnify and hold Cantec harmless of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, that may arise due to or as a result of the contents of the parcel, with the sole exception of such claims, demands, losses, cause of action, damage, lawsuits, judgments, including legal fees and costs, resulting in personal injury or death AND resulting from Cantec’s negligence.
3. Relevant Law and Jurisdiction
These terms and conditions shall be subject to and construed in accordance with the laws of Canada.
3-1. Limitation of Liability
In no event shall Cantec be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of the Cantec Pack pursuant to this Delivery Service.
3-2. Personal Data Protection Act
The Sender warrants that any personal data provided of its customers for the purpose of Cantec performing delivery services to said customers is complete, accurate and has been obtained with the consent of said customers for such purpose and is in adherence to the Personal Data Protection Act, and the regulations thereunder, as may be amended from time to time (“PDPA”).
Cantec warrants that its collection, use, disclosure and processing of any personal data provided by the Sender shall adhere to the PDPA. Without prejudice to the generality of the foregoing, Cantec warrants and undertakes that it shall, with respect to personal data provided by the Sender:
- Comply and procure the compliance of its officers, employees, agents, subcontractors and professional advisors with the PDPA;
- Use appropriate and reasonable technical and organisational security measures against unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of such personal data, or any similar risks;
- Not make any changes to its information security measures that would materially increase the risk of unauthorised access to such personal data;
- Delete or remove the means by which such personal data can be associated with particular individuals as soon as it reasonably considers that the purpose for which such personal data was collected is no longer being served by retention of the same.
4. Data Collection and Use of Personal Information
In order to maintain and facilitate services, Cantec collects the following personal information:
4-1. User profile informationWe collect your first and last names, date of birth, profile picture, phone number, and vehicle information to create your account. We also collect banking and address information to issue invoices.
4-2. Background information
We collect background information, like your social insurance number and driver’s abstract, to verify your identity, eligibility to work, and driving records. Background checks are conducted to ensure maximum safety and security for the parties involved.
4-3. User-generated content
We collect user-generated content in the form of photographs or other forms of feedback that are submitted to us through customer inquiries. This information is used to enhance customer support.
4-4. Data created during the use of the Service
At any point during which Cantec is used, the following information may be collected to facilitate in-app features, including:
- Location data: Collected when Cantec Driver is open in the foreground or background. We use location data to create in-app navigation systems, dispatch tasks to drivers, and track deliveries in real-time.
- Device data: Includes device model ID, device IP address, network data, and other unique device identifiers. We use device data to analyze user performance, diagnose bugs, and to improve future interaction designs.
- Transaction data: Includes order details, time and date of the service, delivery information, distance traveled, and the total amount charged and earned.
5. Disclosure of Personal Information
Cantec shares the following data to provide a service:
- Delivery recipient’s name and pickup and dropoff locations, shared with the driver
- Drivers’ name, photo, and vehicle information, shared with delivery recipients
- Order receipts including relevant invoice information, shared with both driver(s) and delivery recipient(s)
6. Customer Service and Support
Cantec shall remain contactable for all enquiries, whether from the Sender or its Recipients, through its email or its call centre from 8am to 8pm every day, with the exception of Sundays and Public Holidays.
Notwithstanding Clause 5.a., Cantec and the Sender shall agree on the following communication channels:
- Email: [email protected] or
- Phone : (604) 200-8191
- Between 8am to 8pm from Monday to Friday
- Email: [email protected]nteccouriers.com
- Phone: (604) 200-8191
- Between 8am to 6pm from Monday to Friday
For potential Sales Matter:
- Email: [email protected]
- Between 10am to 6pm from Monday to Friday