Last Updated: 2023-Dec-02

Local Locker Pickup Agreement for Personal Use

1. Locker Access Agreement and Liability Waiver

The User (You) and Accessor (115946330 CANADA INC) acknowledge and agree that the terms and conditions contained in this agreement shall govern all use of any and all equipment by the User and Accessor and that the term “Locker” as used herein shall refer to any locker applicable to this agreement, except as otherwise expressly stated by the User and Accessor in writing, in the event of a conflict between the terms and conditions contained in this agreement an  any terms or conditions set out in any other document the User and Accessor agree that the terms and conditions set out in this agreement shall prevail

2. Acknowledgement of Liability

The User hereby acknowledges that any items are the sole liability of the Courier until the Courier places the item in a Locker, as directed by the User. Any item, once placed in a Locker by the Courier, becomes liability of the User until the item is collected by the User, or a party identified by both the User.

In the event that the item is collected by any party other than the User, the Accessor will not be held responsible for the loss of or liability related to the item.

3. Use of Equipment 

The User agreed to only use a Locker for its intended purposes in a manner for which it was designed and as allowed by the Accessor and any applicable third-party suppliers to the Accessor. When manufacturer’s guidelines for safe use are available, the User agrees to follow guidelines pertaining to the reasonable use of a Locker, reasonable storage constraints and any other applicable requirements, recommendations or regulations applied by the Accessor or any applicable third-party suppliers to the Accessor. When no guidelines or other information is available, the User agrees to use reasonable judgement and take actions to manage safe use given the applicable size, weight and other constraints of applicable items. The User shall not transfer access or sublet the Locker or assign access to the locker without the express written permission of 115946330 CANADA INC.

The User acknowledges that any applicable Locker is acceptable for use to the standard of both the User and Accessor AND that any applicable Locker is in a location that is acceptable for both the User and Accessor.

4. Acknowledgement of Risk[MDM3] 

By accepting this agreement and using a Locker, the User, its agents and third parties acknowledge that the Locker is being used at their own risk. 115946330 CANADA INC, its employees, owner, applicable consultants and affiliates will not be held responsible for any accidents, injuries, illnesses, damages or death caused directly or indirectly by the use or misuse of a Locker.

The User and Accessor agree that the User takes on the general risk of renting and using a Locker. The User agrees that the User will at all times during a given Rental Period protect, indemnify and save harmless the Accessor from and against any and all loss arising out of claims against the Accessor for personal injury (including injuries, illnesses, damages or death) or damages to property caused by our arising out of the condition of the Locker or by the use or misuse thereof by the User, its agents or by third parties related to the User.

5. Obligation to Supply Lockers

The Accessor does not guarantee the availability of Lockers to couriers. If the a locker requested is unavailable to a courier, 115946330 CANADA INC, will refund the user a maximum of 1 monthly fee for any calendar month in which a locker is unavailable.

Reasonable efforts will be made by the accessor to ensure availability of lockers to couriers by managing notifications to users and overall usage.

The Accessor cannot be held liable for a lack of availability of Lockers related to software or physical issues with the installation or maintenance of Lockers by any applicable third-party provider of Lockers.

6. Identification of Third-Party Supply Contracts

The Accessor and User agree that the supply of Lockers may be provided by a third-party supplier. The User acknowledges that a third-party supplier may manage any applicable hardware or software installed for the provision of any service by the Accessor. The User acknowledges that a third-party supplier may manage any data, including the names, contract information or any other metadata generated by reasonable business activities of the User, Accessor and third-party supplier and that a third-party provider may host any data on any cloud service allowable per agreements between the Accessor and any third-party supplier.

The User and Accessor agree to comply with any obligations determined reasonable by the User and Accessor applied by any third-party supplier. Review Snaile’s applicable regulations here (link).

7. Payment[ and Additional Charges

The User agrees to pay the Accessor as rent the monthly fees, as well as potential fees for late pickups. All fees established by the Accessor are non-negotiable between the Accessor and the User, their agent or third party.

8. SMS Charges

The User is responsible for any additional SMS charges that may be charged due to the automated SMS Notifications

9. User Responsible For Providing Delivery Information

The User agrees that they are responsible to provide proper shipping information. The User will ensure that shipping provided is the shopLOCALpickup Personal Delivery Address assigned to them.

10. Rental Period and Unretrieved Items

48 hours for user pickup without additional fees, to a maximum of 14 days with fees.

With respect to each Locker that is accessed by a User: the rental period with respect shall commence on and include the day of deposit by couriers, provided the Accessor allows for the Locker to be accessible to the couriers or the agent of the courier. The rental period shall end on and include the day of the longer of:

·         The date and time that an item is retrieved if earlier than the rental period (i.e. Early pick up)

OR

·         48 hours from deposit to the Locker (i.e. Late pick up).

If the User fails to vacate the Locker by the end of the rental period without express written notice, the User will be subject to late fees up to and including $5 CAD per day per package that remains in a locker without collection.

The User agrees that any Locker will be vacated no later than 14 days after the expiration of the rental period. After 14 days, the Accessor may request payment of ($70.00 CAD).

Unretrieved Items- 10 business days for User to Respond and Retrieve

In cases where an item is not picked up within the “rental period”, the Accessor will make reasonable attempt to notify and arrange retrieval the item to the User. Unretrieved items will be stored at room temperature in an off-site storage area.

If applicable, costs for returns are the responsibility of the User.

If a response is not received and or retrieval is not completed within 10 business days from notification, the User forfeits ownership of the item to the Accessor.

11. Accessor Not Responsible for Failed Delivery

The User and Accessor acknowledge that a “successful delivery” is completed when User and Accessor has removed all applicable items from the Locker. A “failed delivery” occurs in any circumstance where this is not met.

In case of “failed delivery”, the User agrees that they will not hold the Accessor responsible. For example, the Accessor is not responsible for any damages or loss arising from Couriers that do not follow duly provided delivery instructions.

12. Condition of Equipment

The User acknowledges that the Accessor reserves the right to determine the condition of any Locker and that rental costs will directly reflect the condition of the Lockers throughout the continued relationship between the User and Accessor. The User acknowledges that the Locker may be examined at the vacation of the Locker and their acceptance of the Locker indicates that the Locker is reasonably clean, in reasonably good condition and undamaged in any way.

13. Maintenance and Damage

The User acknowledges that any damage that occurs due to the action of the User incurs a liability for the User and that the User must make restitution of the full cost of repair or replacement of the Locker without any deduction as well as financial loss occurring from the lack of viability from any Locker due to repair or replacement.

The Accessor shall, at the Accessor’s sole expense, keep and maintain a Locker in good and substantial repair throughout the duration of the Rental, notwithstanding any action of the User that causes damage to the Locker.

14. Ownership

The Locker is and shall remain the exclusive property of the Accessor.

15. Assignment

The Accessor may voluntarily, or by any operation of law, assign or otherwise transfer any of its obligations as set out by this Agreement without the express written consent of the User. [MDM5] 

16. Entire Agreement

The Accessor and User jointly agree that there is no representation, warranty, collateral agreement or condition affecting this Agreement, except as expressly provided in this Agreement.

17. Enurement

The Accessor and User agree that the Agreement will enure to the benefit of and be binding on the applicable parties and their respective heirs, executors, administrators and permitted successors and assigns.

18. Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid. All valid and enforceable provisions will continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

19. Force Majeure

With the exception of any payment obligations, neither Party shall be liable for failing to perform its obligations hereunder (other than payment obligations) were delayed or hindered by war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, acts of God or any other event beyond the reasonable control of either Party.

20. Waiver

The failure of the User or Accessor to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other of its rights at any later date or time.

21. Anti-Spam Disclosure

The User and Accessor acknowledge that the Accessor may need to communicate with the User or acceptable clients of the User as defined by the User and Accessor. Prior to any communication by the Accessor to the User, agents or third parties including clients, the User must provide evidence of express written, verbal or electronic consent for the Accessor to communicate with the party or parties in question.

22. Terms and Privacy Policy

It is a required condition of this Agreement and the Terms and Privacy Policy that the User, their agents and third parties applicable to the User that all involved parties provide informed consent to all applicable documents.

The Accessor will always comply with all jurisdictionally appropriate legislation with regard to data collection, data management, privacy and anti-spam. The Accessor will not be held liable for any violations of applicable legislation arising from the conduct of the User, their agents and third parties applicable to the User.

The User and Accessory acknowledge that the Terms and Privacy Policy established in the Agreement apply only to relationships between the User and Accessor and not interactions between the User and any other parties.

23. Jurisdiction and Applicable Law

This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario.

24. Updates to the Agreement

Our business continues to evolve, and our Locker Agreement will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our published Locker Agreement on shoplocalpickup.ca applies.