Legal
These terms govern your use of the LiftNGo platform, setting out the obligations, responsibilities, payment terms, and liability of each party. Please review them carefully before proceeding.
Part 1 of 2 · Standard Terms
LiftNGo provides an online platform that enables businesses to engage transport suppliers to move vehicles on an ad hoc basis. These standard terms and conditions set out the contract between a Transport Supplier and a User and explain each party’s rights and obligations. LiftNGo reserves the right to amend these Conditions from time to time.
This is an important document. All transactions carried out via the Platform are governed by these Conditions.
Important
In consideration for the mutual promises set out below, LiftNGo, the Transport Supplier, and the User each agree to be bound by these Conditions. If you do not accept them, you should not use the Platform.
The following terms have the meanings set out below wherever they appear in these Conditions. Singular words include the plural and vice versa, and words following “including”, “include”, “in particular”, or “for example” are illustrative only.
Transport Suppliers warrant and undertake to LiftNGo and to the User that:
Users warrant and undertake to LiftNGo and to Transport Suppliers that:
A Contract of Supply becomes legally binding when:
LiftNGo is not a party to the Contract of Supply and has no liability in respect of it. The Contract contains the Transport Supplier warranties set out above and no other warranties apply.
Transport Suppliers exclude all other representations and warranties, including those implied by federal or Ontario legislation or by Canadian or Ontario common law. Transport Suppliers have no liability for a User’s loss of profit, loss of goodwill, loss of business, increased management costs, loss of savings, lost opportunity, or any special or consequential loss. A Transport Supplier’s liability to a User never exceeds the Vehicle Value.
Nothing in these Conditions excludes a Transport Supplier’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any matter that cannot lawfully be excluded.
If either the User or the Transport Supplier cancels after a Contract has been formed, the cancelling party pays Cancellation Fees to LiftNGo. These fees vary with the notice period given and may be up to 100% of the Job Price.
Within 24 hours of the Delivery Date, a User may raise a dispute, with full details, in accordance with the Disputes Policy.
If the User does not raise a dispute within that period, the Job is deemed accepted three Business Days after delivery and the Job Price becomes payable.
Where a User raises a dispute, LiftNGo reviews it in accordance with the Disputes Policy. If LiftNGo determines that the Transport Supplier performed in accordance with these Conditions, the Job becomes an Accepted Job and the Job Price is payable.
Binding determination
The User and the Transport Supplier acknowledge and agree that the dispute-resolution procedure is an essential element of the Service and that LiftNGo’s determination of a dispute is final and binding, other than in the event of fraud or manifest error.
LiftNGo invoices Users monthly for Cancellation Fees on cancelled Jobs and for Subscription Fees. Non-Credit Users pay the Job Price before a Contract is formed.
LiftNGo invoices Credit Users for the Job Price of Accepted Jobs where Acceptance has previously occurred. A Credit User exceeding its Credit Limit must pay the excess before a Contract is formed. Users pay the full invoice amount within 30 calendar days of the invoice date.
LiftNGo normally pays the Job Price, less Platform Fees, to the Transport Supplier’s nominated bank account three Business Days after delivery.
If a dispute results in a Job Price that is not payable, the Transport Supplier refunds any amount paid within five Business Days of a written request. Where LiftNGo determines there is an issue with a Job, it reserves the right to hold back monies owed.
LiftNGo invoices Transport Suppliers monthly for Cancellation Fees on cancelled Jobs and for Subscription Fees, payable within 30 calendar days.
HST at the applicable statutory rate applies to all amounts due. Overdue amounts accrue interest, compounded monthly, at 3% per annum from the due date until the date of payment.
LiftNGo may refuse any person or business access to the Platform, or suspend their rights, at its discretion. LiftNGo may terminate immediately by written notice if a party:
LiftNGo may set off any liability of a Transport Supplier or User against any liability of LiftNGo, regardless of when the liabilities arose or of any liquidation.
Nothing in these Conditions limits LiftNGo’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any matter that cannot lawfully be excluded.
LiftNGo has no liability for a User’s or Transport Supplier’s loss of profit, loss of goodwill, loss of business, increased management costs, loss of savings, lost opportunity, or any special or consequential loss. LiftNGo’s liability never exceeds the Vehicle Value for the relevant Job, and LiftNGo bears no liability for delay in performance due to circumstances beyond its reasonable control.
Transport Suppliers and Users indemnify LiftNGo and hold it harmless against any loss, cost, damage, expense, or liability (including legal fees on a full indemnity basis) arising from a breach of these Conditions.
At your own risk
LiftNGo bears no responsibility for verifying the accuracy of information on the Platform, including Requests and Offers. Transport Suppliers and Users rely on all such information at their own risk.
LiftNGo requires certain information, including personal data within the meaning of the Personal Information Protection and Electronic Documents Act, which is processed in accordance with LiftNGo’s Privacy Policy. Use of the Platform is subject to the Platform Terms of Use and the Acceptable Use Policy.
LiftNGo makes no guarantee of availability and does not warrant uninterrupted, secure, or error-free access. Because the Website and App are electronic means of communication, submissions such as Requests and Quotes may not be received or transmitted, and Transport Suppliers and Users use them at their own risk that communications will be transmitted efficiently.
These Conditions constitute the entire agreement between the parties, supersede any prior written or oral agreement or understanding, and confer no enforcement rights on any third party. If any provision is found illegal, invalid, or unenforceable, it is severed and the remaining provisions stay in full effect.
Notices may be given by email, facsimile, telephone, regular mail, or display on the Platform, at LiftNGo’s election. Transport Suppliers and Users may not assign their rights or obligations, and nothing in these Conditions creates a partnership, joint venture, contractor, employee, or franchisor–franchisee relationship.
These Conditions are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties agree to submit to the exclusive jurisdiction of the courts of Ontario, sitting in the City of Toronto.
Part 2 of 2 · Additional Terms
These additional terms describe the work undertaken by LiftNGo (the “Company”) on a Customer’s behalf. The Company is not responsible for any other transport-related matter unless specified.
The Company is not responsible for mechanical problems that arise during or before transportation. Customers must ensure that vehicles are in good running condition, free of leaks, and able to move under their own power. A Customer may specify a non-runner, which the Company may decline to transport.
On inspection at pickup, if the Company determines that a vehicle cannot move under its own power or is mechanically unsound, it may decline to transport the vehicle.
By using the Services, users acknowledge and agree to these payment-cancellation terms.
Any cancellation of payment, including a credit-card chargeback, may result in the registration of a lien in any applicable province or territory of Canada prior to transport, and may lead to vehicle repossession and legal proceedings. A minimum legal fee of $3,000 will be added to the claim as liquidated damages for any credit-card cancellation.
The Company partners with multiple transport companies that carry a minimum of $500,000 in cargo insurance and $2,000,000 in liability coverage, with additional contingency coverage of $250,000 in cargo and $2,000,000 in liability.
For exterior vehicle damage:
The Company does not provide coverage for, and disclaims any liability in respect of, any vehicle: (a) whose MSRP exceeds $100,000 CAD; (b) that is an exotic model (a model with an annual production run of fewer than 2,500 units); (c) that is a historic vehicle (over 25 years old); or (d) that has been modified from its original sale form in any way. The Company also disclaims any liability for wheels, rims, fairings, spoilers, and body kits, whether supplied by the original dealer or added subsequently. Customers should inquire about separate coverage or consult their own insurer.
The Company does not provide coverage for, and disclaims any liability in respect of, the following general exclusions:
Claims against the Company are made on a full-recourse basis. Customers must first consult their own coverage policies before seeking a claim against the Company.
The Company is not responsible for the number of keys provided with a vehicle. If the Customer fails to specify the number of keys at the time of booking, the Company will not be held liable for any discrepancy.
The parties agree that any dispute over the interpretation of these terms proceeds to mediation before any court proceedings.
Any party may serve a mediation notice on the others. The parties appoint a single mediator by agreement within 10 days of the notice. If they cannot agree within 10 days, any party may apply to the Ontario Superior Court of Justice at Toronto for a court-appointed mediator, whose decision is final and binding. Mediation proceeds until the parties resolve the dispute or 30 days after the mediator’s appointment, whichever occurs first. The parties bear the costs of mediation equally.
If anything here is unclear, or you need a copy of these terms for your records, our team is glad to help. Reach out and we’ll walk you through it.
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