Terms and Conditions
1 OUR SERVICE
1.1 Our website and Service provided to you through our website are provided on an AS IS basis. You agree that Vital Logistics exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. Vital Logistics shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. Vital Logistics also reserves the right to control the amount of sales to the service at its sole discretion.
1.3 If any modification of the Service is unacceptable to you, your only recourse is to cancel your subscription. Your continued use of the Service following our posting of a change to the conditions or the website will constitute a binding acceptance of that change.
2 YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Statement.
4 SERVICE ACCOUNT AND PASSWORD
4.1 The Service is supplied to you via a Service Account in consideration of the payment of the price defined in Clause 5.1.
4.4 You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your password, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your Service Account or password.
4.5 When using a public computer, you must sign out when you have finished using our website.
4.6 You may only open one Service Account and you agree that the operation of your Service Account is exclusive to you. Furthermore you agree that only you will receive the Services via your Service Account.
4.7 By allowing others to use your Service Account and/or password you will be in breach of these terms and conditions and Vital Logistics will be entitled to terminate this Agreement in accordance with Clause 10.
4.8 Delivery times of your account should be within 10 minutes of registering. However, this delivery time is an estimate and may vary due to exceptional or unforeseen circumstances.
4.9 In the unlikely event that you have not received access to your account within 30 minutes from acceptance of your registration, or if you have any complaints, please contact us firstname.lastname@example.org or by regular mail to Vital Logistics, 810-207 West Hastings street, Vancouver, BC V6B 1H7, Canada.
5 PRICES AND PAYMENT
5.1 Prices charged are as shown on your invoice at the time and date of your purchase. We may change the rate of the Service before you place a request. We try to ensure that the prices displayed on our website are accurate but the price on your order will be based on the information your provide and will need to be validated by us as part of the acceptance procedure. We will inform you if a Service's price is higher than stated in your order and you may cancel the order. Prices are based on the information your provide. Price fluctuations are based on the particular carrier processing your order.
5.2 Prices are shown in US and Canadian Dollars on the website. For shipments bound to the US, typically, these will denominated in US Dollars, but not always. It is the customer’s responsibility to confirm the currency quoted is accurate. Vital Logistics is not responsible for any misinformation related to currency. The customer takes full responsibility for paying the invoice in the currency quoted.
5.3 All the prices shown are exclusive of any taxes.
5.4 After your order is picked up, we must receive payment in full. Payment shall only be deemed to have occurred once we are in receipt of cleared funds.
5.5 When ordering via the website, you must pay by credit card at the time of the order. We accept Visa or MasterCard.
5.6 We do not accept payment by mail unless alternate arrangements are made and agreed upon separately and confirmed and accepted in writing.
5.7 You confirm that all details provided by you to us for the purpose of purchasing the Service will be correct. We reserve the right to obtain validation of your credit card details before providing the Service to you.
5.8 We may refuse any order placed by you.
5.9 The Customer is responsible for any late fees incurred by late payment in the amount of 5% of the total amount of the late invoice. Late payments are deemed to be outstanding invoices of 15 days or more. Late payments will accrue in 15 day intervals on the entire amount owed.
6 REFUNDS AND CREDITS
6.1 You expressly acknowledge that all Services are non-refundable.
6.2 Only in limited cases will credit be given to your account.
6.3 For customers paying by invoice, only the most recent invoice payment will be credited (i.e., the last payment made to Vital Logistics Ltd. will be the only payment credited), and no invoice older than 15 days will be credited.
6.3 For customers paying by credit card, only the most recent payment will be credited towards future purchases through Vital Logistics.
7 LICENSE GRANT & RESTRICTIONS
7.2 You may not access the Service if you are a direct competitor of Vital Logistics. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
7.3 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet "links" to the Service or "frame" or "mirror" the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features or graphics of the Service.
7.4 You are only permitted to use the Service personally and agree to do so without the use of any automated means including but not limited to the use of robotic tools except where permission has been expressly granted by Vital Logistics.
7.5 You shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iii) attempt to gain unauthorized access to the Service or its related systems or networks.
8 INTELLECTUAL PROPERTY OWNERSHIP
9 THIRD PARTY SERVICES
Goods and services of third-parties may be advertised and/or made available on or through this website. During the use of the website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of such third-parties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Vital Logistics does not endorse any sites on the Internet that are linked through the Service. Vital Logistics provides these links to you only as a matter of convenience, and in no event shall Vital Logistics be responsible for any content, products, or other materials on or available from such sites.
10.1 You may cancel your service at anytime. Regardless of cancellation, the Customer is still responsible for any outstanding payments including late fees on the Customer’s account. Late fees will continue to accrue due to nonpayment until payment is complete in full and funds have cleared.
10.2 After cancelling, you will be granted access to the Service through the time period for which you have already paid.
10.4 We reserve the right to terminate this agreement or discontinue the Service or any portion or any feature of it for any reason and at our sole discretion.
10.5 In the circumstances outlined in Clause 10.3 we will not provide a full refund of any unexpired term of the price paid.
10.6 Upon termination you must delete all output of the Service in your possession or control (including from your website and your servers).
10.7 Upon termination of this agreement all rights and obligations of Vital Logistics and you under the agreement will be extinguished.
10.8 If you share access to VitalLogistics.ca through your own account with other parties, we reserve the right to seek civil damages and losses that result in that shared access. You, and only you, have the right to access Vital Logistics.ca through your own account.
12 DISCLAIMER OF WARRANTIES
12.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12.2 WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
13 DELAYS IN SERVICE
13.1 The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Vital Logistics.ca is not responsible for any delays, delivery failures, or other damage resulting from such problems.
13.2 The Services may be subject to limitations, delays and other problems inherent in the use of shipping, courier services, freight services, and other package and express shipping services. VitalLogistics.ca is not responsible for any delays, delivery failures, or other damage resulting from such problems.
14 LIMITATION OF LIABILITY
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE INDIVIDUAL SHIPPING SERVICE IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR DAMAGES OF ANY TYPE OR KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
15 ADDITIONAL RIGHTS
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain types of damages, so the exclusions set forth above may not apply to you.
16 LOCAL LAWS
We make no representation that the Service is appropriate or available for use in locations outside British Columbia, Canada. If you use the Service from outside British Columbia, Canada, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you.
17.1 Notices shall be given to us via email at email@example.com or to you at either the email or address you provided to us during the ordering or registration process.
17.2 Notices will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday) or 3 days after the date of posting.
18 APPLICABLE LAW
19 MISCELLANEOUS INFORMATION
19.3 You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or the Services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.