These standard terms and conditions (these “Conditions”) set out the contract terms between a Transport Supplier (defined below) and User (defined below) and explain each party’s rights and obligations. These Conditions also set out Lift N’ Go’s rights and obligations to Transport Suppliers and Users. Lift N’ Go shall, at its discretion, be entitled to amend and/or vary these Conditions from time to time.
This is an important document which should be read carefully. All transactions arranged via the Platform shall be governed by these Conditions. In consideration for the mutual promises and undertakings set out herein, Lift N’ Go, Transport Supplier and User agree to be bound by these Conditions.
Definitions
In these Conditions, the following definitions and rules of interpretation apply:
Acceptance means the date on which the Job becomes an Accepted Job.
Accepted Job means a Job that is deemed to have been satisfactorily completed and accepted by a User in accordance with clause 12.
App means the mobile software application operated by Lift N’ Go and available via Google Android and Apple iOS platforms.
Business Day means a day other than a Saturday or Sunday on which banks are generally open in Ontario for the transaction of normal business.
Cancellation Fees means the fees payable to Lift N’ Go by a party to a Contract of Supply which cancels a Job, as specified on the Website and subject to amendment from time to time.
Contract of Supply means a contract between User and Transport Supplier for the provision of the Job which comprises these Conditions and is formed in accordance with clause 3.
Credit Limited means the amount of credit which Lift N’ Go gives to a User.
Credit User means a User that has been given credit by Lift N’ Go, up to a Credit Limit.
Delivery Date means the date on which a Vehicle is delivered by the Transport Supplier to the destination of the Job.
Disputes Policy means the policy by which the User may raise a dispute against the Transport Supplier, which is displayed on the Website and subject to amendment from time to time.
Fixed Price Request means a request for a Job, which includes a fixed price that a User is willing to pay for that Job and is published by that User on the Platform, inclusive of costs and expenses and with Platform Fees added by Lift N’ Go.
Job means the transportation of a Vehicle provided by a Transport Supplier to a User.
Job Price means the amount to be paid by a User for a Job as agreed between the parties to the Contract of Supply, which may be the fixed price of a Fixed Price Request as offered by the User or the amount of a Quote offered by the Transport Supplier.
Non-Credit User means a User that has not been given credit by Lift N’ Go
Platform means the online platform operated by Lift N’ Go via the Website and App which enables Transport Suppliers and Users to enter into Contracts of Supply.
Platform Fees means the amount payable to Lift N’ Go for facilitating the Contract of Supply, including a percentage of the Job Price, as specified on the Website and subject to amendment from time to time.
Plate Job means a Job where the Vehicle is driven to its destination using its own fuel and consumable parts, as opposed to a Transporter Job.
Quote means the price a Transport Supplier is willing to complete a Job for in response to a Quote Request, as communicated to a User via the Platform, inclusive of costs and expenses and with Platform Fees added by Lift N’ Go.
Quote Request means a request for a Job, which invites Quotes and is published by a User on the Platform.
Request means a request for a Job by a User, being either a Fixed Price Request or a Quote Request.
Roadworthy means the Vehicle complies with all applicable laws and regulations introduced to ensure that vehicles do not cause a danger, including regulation as to a vehicle’s consumable parts.
Subscription Fees means the monthly subscription fees payable by Transport Supplier and User for the Services as specified on the Website and subject to amendment from time to time.
Services means the services offered by Lift N’ Go via the Platform.
Transport Supplier means a person in the business of transporting vehicles and registered as a transport supplier with Lift N’ Go.
Transporter Job means a Job where the Vehicle is transported to its destination on another vehicle, as opposed to a Plate Job.
User means a business registered as a user with Lift N’ Go in order to use the Services, which can either be a Credit User or a Non-Credit User.
Vehicle means the vehicle(s) that is to be transported as part of a Job.
Vehicle Value means the market value of the Vehicle as determined by reference to the “CAP Average” price.
Website means the website located at LiftNGo.com
Words in the singular shall include the plural and vice versa.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Transport Supplier duties
- The Transport Supplier warrants and undertakes to both Lift N’ Go and the User that:
- it enters into these Conditions in the course of its business, not as a private individual, with full capacity to meet and carry out its obligations under these Conditions;
- all information and documents provided as part of its registration as a Transport Supplier with Lift N’ Go are complete and accurate and it will inform Lift N’ Go of any changes to such information in writing immediately;
- all information it provides in connection with the Job, including within any Quote, is complete and accurate;
- it shall perform the Job in accordance with the Request and any additional reasonable requirements communicated to it in writing by the User and/or Lift N’ Go;
- it shall not subcontract the Job in whole or part without the written consent of Lift N’ Go, which may be unreasonably withheld.
- it shall carry out the Job in accordance with all applicable laws and regulations, including all federal and Ontario health and safety legislation, and compliance with programs of the Ministry of Labour, Training and Skills Development (Ontario) and the Ministry of Transportation (Ontario);
- it shall employ personnel who are suitably qualified and experienced to perform the tasks assigned to them and in sufficient number to ensure that its obligations under these Conditions are fulfilled;
- it shall use the App to record the condition of the Vehicle upon collection and delivery and to submit signatures on behalf of Transport Supplier and User as confirmation of delivery;
- it has in place all necessary licences for the operation of its business and provision of the Job and shall provide evidence of such licences to the User and/or Lift N’ Go immediately upon request;
- it has in place and shall maintain such insurances with reputable insurers against those risks and to the extent that is usual for a transport supplier of its size and sufficient to cover the liabilities accepted under these Conditions. The Transport Supplier shall provide evidence of such insurances to Lift N’ Go prior to accessing the Platform and ensure that these are updated upon each renewal and change to the insurance policies so that at all times Lift N’ Go holds an up to date copy of such insurances; Lift N’ Go expects a minimum of $1,000,000.00 liability.
- it shall perform the Job with reasonable skill and care in accordance with the commercial practices and to the standard expected of a competent and experienced provider of such services;
- where applicable, it shall comply with the terms of the Disputes Policy, Acceptable Use Policy and Platform Terms of Use and
- it shall use its best endeavours to support and assist Lift N’ Go in any claim it brings against the User in connection with the Job, including providing all requested information and documents and making available its personnel.
User’s duties
- The User warrants and undertakes to both Lift N’ Go and the Transport Supplier that:
- it enters into these Conditions in the course of its business, not as a private individual, with full capacity to meet and carry out its obligations under these Conditions.
- all information and documents provided as part of its registration as a User with Lift N’ Go are complete and accurate and it will inform Lift N’ Go of any changes to such information in writing immediately;
- all information it provides in connection with the Job, including within any Request, is complete and accurate;
- it is not aware of any issues which may affect the ability of a Transport Supplier to transport the Vehicle in the manner requested;
- where it Requests a Plate Job, the Vehicle is Roadworthy;
- it shall sign a proof of delivery form provided by the Transport Supplier upon delivery of the Vehicle;
- within 24 hours of Delivery, it shall report any issues with the Job in accordance with clause 11;
- where applicable, it shall comply with the terms of the Disputes Policy, Acceptable Use Policy and Platform Terms of Use; and
- it shall use its best endeavours to support and assist Lift N’ Go in any claim it brings against the Transport Supplier in connection with the Job, including providing all requested information and documents and making available its personnel.
Contract of Supply
Formation
- A Contract of Supply is a legally binding agreement formed between Transport Supplier and User when:
- a Fixed Price Request is accepted by a Transport Supplier; and/or
- a Quote is accepted by a User.
- Lift N’ Go is not a party to the Contract of Supply and has no liability or responsibility in respect of the Contract of Supply.
- The Contract of Supply contains the warranties and representations made by the Transport Supplier contained in Section (*). The Transport Supplier makes no other warranties or representations.
- Other than as set out in these Conditions, the Transport Supplier expressly excludes all other representations and warranties including any which may otherwise be implied into the Contract of Supply by federal or Ontario legislation or by Canadian and Ontario common law (whether this be terms implied by custom and practice or otherwise).
- The Transport Supplier shall have no liability to the User for any loss of profit, loss of goodwill, loss of business, increased management costs, loss of anticipated savings, lost opportunity or any special, consequential or indirect losses suffered by the User in relation to the Contract of Supply.
- At all times the Transport Supplier’s liability to the User shall not exceed the Vehicle Value.
- Nothing in the Contract of Supply shall exclude or limit the Transport Supplier’s liability for death or personal injury caused by the Transport Supplier’s negligence, fraud or fraudulent misrepresentation or any other matter for which it would be unlawful for it to exclude liability.
Cancellation
- If either the User or the Transport Supplier cancels the Job following formation of the Contract of Supply, that party shall pay the Cancellation Fees to Lift N’ Go, which, varies depending on the notice period provided, may be 100% (one hundred per cent) of the Job Price.
Acceptance
- Within 24 hours of the Delivery Date, the User shall raise any dispute in regard to the Job by providing full details for consideration by Lift N’ Go in accordance with the Disputes Policy.
- If the User does not dispute acceptance of the Job in accordance with clause 11, the User shall be deemed to have accepted the Job 3 (three) Business Days after Delivery (Accepted Job) and must pay the Job Price.
Disputes
- If the User disputes the Job in accordance with clause 11, Lift N’ Go shall review and determine the dispute in accordance with its Disputes Policy.
- If Lift N’ Go determines that the Transport Supplier carried out the Job in accordance with these Conditions, the Job will be deemed to be an Accepted Job and the Job Price will be payable by the User.
- The User and Transport Supplier acknowledge and agree that provision of the disputes resolution procedure is an essential element of the Service and Lift N’ Go’s determination of the dispute is final and binding, other than in the event of fraud or manifest error.
Charges
Users
- Lift N’ Go shall invoice Users once per month for:
- Cancellation Fees for Jobs cancelled by the User in the previous month; and
- Subscription Fees.
- Non-Credit Users shall pay the Job Price before they enter into the Contract of Supply.
- Lift N’ Go shall invoice Credit Users for the Job Price for each Accepted Job where Acceptance was in the previous month.
- If the Job Price exceeds the Credit Limit of the Credit User, the Credit User must pay the amount of the Job Price that exceeds the Credit Limit before it enters into the Contract of Supply.
- Users shall pay the full amount of each invoice within 30 (thirty) calendar days of the date of the invoice.
Transport Suppliers
- In normal circumstances Lift N’ Go shall pay the Job Price, minus Platform Fees, to the bank account nominated by the Transport Supplier 3 (three) Business Days after Delivery
- In the event that Lift N’ Go determines the Job Price is not payable following a dispute being raised by the User in accordance with clause 11, the Transport Supplier shall refund any Job Price that has been paid to it by Lift N’ Go within 5 (five) Business Days of a written request by Lift N’ Go. Following investigation this could be used to compensate a user. In the event that Lift N’ Go determines there is an issue with a job, they reserve the right to hold back monies owed.
- Lift N’ Go shall invoice Transport Suppliers once per month for:
- Cancellation Fees for Jobs cancelled by the Transport Supplier in the previous month; and
- Subscription Fees.
- The Transport Supplier shall pay each invoice within 30 (thirty) calendar days of the date of the invoice.
- HST (at the rate prevailing by law from time to time) shall be payable on all amounts due under these Conditions.
- If the Transport Supplier or the User fails to pay any amount payable by it under these Conditions, interest (compounded monthly) shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at the rate of 3% (three per cent) per annum.
Lift N’ Go’s Rights
- Lift N’ Go has the right to refuse any person or business access to the Platform or any part thereof or other facilities and/or to suspend any such rights at its sole discretion.
- Without affecting any other right or remedy available to it, Lift N’ Go may terminate these Conditions with immediate effect by giving written notice to the Transport Supplier and/or User (as applicable) if it:
- fails to pay any amount due under these Conditions on the due date for payment and remains in default 7 (seven) days after being notified in writing to make such payment;
- commits a material breach of any term of these Conditions which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 7 (seven) days after being notified in writing to do so;
- repeatedly breaches any of the terms of these Conditions in such a manner as to reasonably justify the opinion that its conduct is consistent with it having the intention or ability to give effect to these Conditions;
- has become insolvent or has had a receiver, administrator or administrative receiver appointed or applied for or has called a meeting of creditors or resolved to go into liquidation (except for bona fide amalgamation or reconstruction while solvent) or an application is made to appoint a provisional liquidator of the Transport Supplier and/or User (as applicable) or for an administration order or notice of intention to appoint an administrator is given or a proposal is made for a voluntary arrangement or any other composition, scheme or arrangement with or assignment for the benefit of any of its creditors, or any event analogous to any of the foregoing occurs in any jurisdiction other than England and Wales in respect of the Transport Supplier and/or User (as applicable); or
- ceases or threatens to cease to carry on business.
- Without prejudice to any other right or remedy, Lift N’ Go shall be entitled but not obliged at any time to set off any liability of the Transport Supplier or User owed to Lift N’ Go against any liability of Lift N’ Go to the Transport Supplier or User (as applicable), howsoever arising and whether any such liability is present or future, liquidated or unliquidated.
Liability
- Nothing in these Conditions shall limit Lift N’ Go’s liability for death or personal injury arising from its negligence, fraud or fraudulent misrepresentation or any other matter for which it would be unlawful for it exclude liability.
- Lift N’ Go shall have no liability to either a Transport Supplier or User for any loss of profit, loss of goodwill, loss of business, increased management costs, loss of anticipated savings, lost opportunity or any special or consequential losses suffered by the Transport Supplier or User in relation to these Conditions.
- Lift N’ Go shall have no responsibility to check the accuracy of any information provided or made available on the Platform, including information provided as part of Requests and Offers. Transport Suppliers and Users rely on all such information at their own risk.
- At no time shall Lift N’ Go’s liability exceed the Vehicle Value of the Job that the claim or loss relates to.
- Lift N’ Go shall have no liability to a Transport Supplier or User for any delay in performance if and to the extent that the delay is due to circumstances beyond its reasonable control.
- Each of the Transport Supplier and the User agree to fully and effectively indemnify Lift N’ Go and hold Lift N’ Go harmless on demand against any losses, costs, damages, expenses or liabilities (including legal fees on a full indemnity basis) suffered by Lift N’ Go in connection with it being in breach of these Conditions including under the Contract of Sale.
General
- In order to provide the Services Lift N’ Go shall require certain information from the Transport Supplier and User, which may include personal data (as defined in accordance with the Personal Information Protection and Electronic Documents Act). Any and all personal data collected by Lift N’ Go for such purposes shall be processed by Lift N’ Go in accordance with Lift N’ Go’s Privacy Policy.
- Use of the Platform shall be subject to Lift N’ Go’s Platform Terms of Use and Acceptable Use Policy.
- Lift N’ Go makes no guarantees as to the availability of the Platform and does not warrant that Transport Suppliers and Users shall have uninterrupted, secure or error free access to such systems and communication facilities.
- Transport Suppliers and Users agree and understand that when using the Website and App, being electronic means of communication, to submit Requests and Quotes, such submissions may not be received or transmitted. Transport Suppliers and Users use the Website and App at their own risk that communications will be transmitted efficiently.
- These Conditions set out the entire agreement between (1) Lift N’ Go and Transport Supplier; (2) Lift N’ Go and User; and (3) Transport Supplier and User.
- Unless it is expressly stated otherwise these Conditions do not give rise to any rights for a third party to enforce any term of these Conditions. Nothing in these Conditions shall affect any right or remedy of a third party.
- These Conditions contain all the terms which are agreed in relation to the Services and the Contract of Supply and supersede any prior written or oral agreements, representations or understandings between the parties relating to the Services and/or the Contract of Supply (as applicable).
- If any clause, sub-clause, or any part of a clause or sub-clause, of these Conditions is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable than that provision will, to the extent required, be severed from these Conditions and will be ineffective. All other provisions of these Conditions will remain in full force and effect with such modifications as may be necessary to give effect to the remaining Conditions.
- Any notices shall be made by either email, facsimile, telephone, regular mail or displayed on the Platform at Lift N’ Go’s election.
- Both Transport Supplier and User agree not to assign their rights and obligations under these Conditions.
- No partnership, joint venture, contractor, employee-employer, franchisor-franchisee relationship arises between Lift N’ Go and either Transport Supplier or User by reason of these Conditions.
- These Conditions shall be governed by English Law and the parties agree to submit the exclusive jurisdiction of the courts of Ontario, sitting in the City of Toronto.
