Updated on 27/04/2020
This Terms and Conditions of Use document (hereinafter “T&C”) contains the rules of use valid for the Localie Platform (hereinafter “Localie Platform”) and for the Provision of Freight Services (hereinafter “Freight”). The rules contained herein oblige Localie and the Delivery Partner (hereinafter “Delivery”). By registering on the Localie Platform and making himself available to carry out the Shipping, the Delivery Person is accepting this T&C in its entirety. By “Freight”, for the purposes of this T&C, we consider the cargo transportation service provided by the Delivery Person, duly qualified to carry out cargo transportation. This T&C may undergo changes at any time and will always be updated on the Localie website so that the Delivery Person remains informed. Localie will notify the Delivery Person whenever there are changes in these T&C.
The Localie platform
The Localie Platform is a web application hosted on the domain www.localie.ca and owned by Localie Inc. (hereinafter “Localie”), registered Ottawa, Ontario, Canada. The Localie Platform connects the End User to the Autonomous Deliverers, performing the intermediation / agency of freight. In the list of services (“Services”) provided by Localie to the Delivery Person, we list: (i) licensing for the use of the Localie Platform, (ii) collection of the freight and transfer to the Delivery Person and (iii) support for the use of the Localie Platform .
Deliverers wishing to use the Localie Platform must access the Delivering Partners area on the Localie website (www.localie.ca) and complete their registration. Following its own evaluation and selection criteria, the registration will be analyzed and the Delivery Person will be notified of the result. Once the registration has been approved and the onboarding process has been carried out, the Delivery Person will be able to access the Localie application and start carrying out the Freight. By joining the Localie Platform, the Delivery Man declares and acknowledges that he is self-employed, without any employment relationship with Localie. When joining the Localie Platform, the Delivery Man declares and acknowledges that the use of the platform is free and that, according to his convenience, you will stay connected as long as you wish and accept the Freight you deem to be of interest. By joining the Localie Platform, the Delivery Person declares and acknowledges that there are no guarantees of availability of the platform, that there may be failures in the system and / or the hardware that supports it and that the perfect functioning depends, also, on the access device it uses.
The transport contract
The transport contract is signed when the Freight is accepted by the Delivery Person, who is responsible for deciding whether or not to carry out the Freight offered by the Localie Platform. The End User, using the Localie Platform, offers and contracts Freight directly, with no participation of Localie in the transport contract. The Delivery Person is aware that Localie does not act in carrying out the Freight and, therefore, has no responsibility for the service, the cargo or the End User contracting the service. Localie only provides access to the Delivery Person by the End User, so that he can carry out the Shipping. Freight is responsible for the Freight Forwarder, an independent professional who does not have an employment, corporate or subordinate relationship with Localie. The Courier is then aware that his responsibility includes, but is not limited to: (i) meeting the delivery schedule; (ii) complete the Shipping without errors; (iii) repair any damage caused to the shipped product; (iv) answer for the loss of part or all of the product sent, (v) answer for the non-delivery of the product, among others.
Localie intermediates Freight and offers the Service to the Delivery Person, being at its sole discretion to accept or not the offer. The remuneration for each Freight is individual and may vary according to: (i) the type of merchandise transported, (ii) the distance traveled, (iii) the time of day, (iv) the square in which it occurs, (v) the time consumed in the collection / delivery, among others, however, accepting or not the remuneration will always be the prerogative of the Deliverer. When using the Localie Platform, the End User pays (i) the intermediation of Freight, to be paid to Localie and (ii) Freight, to be paid to the Delivery Person. Observing the payment conditions (debit, credit, etc.), Localie receives the full amount (i + ii) and passes the amount referring to Freight (ii) to the Delivery Person. By registering on the Localie Platform and accepting these T&C, the Delivery Agent authorizes Localie to receive the Freight amount on his behalf from the End User and provide a Debit Note containing all relevant tax information, such as Corporate Name, Tx Number, Address, etc. . necessary for the instruction of the End User accounting. The receipt of the transfer of Localie’s Freight to the Delivery Person always takes place on the 5th (fifth) business day of the month following that of the Freight. The transfer always accumulates all Freights made in the calendar month. In the onboarding process, the Delivery Person receives the conditions of remuneration valid on the date of his affiliation. Any changes are communicated at least 15 (fifteen) days in advance. The statement of amounts receivable is updated daily by the Localie Platform and automatically forwarded to the Delivery Person by e-mail. By joining the Localie Platform, the Delivery Person declares and acknowledges that there are no guarantees of minimum remuneration or quantity of Freight offered.
When joining the Localie Platform, the Delivery Person will be able to receive Freight offers whose contents can vary a lot, however, they will always be (i) small volumes or (ii) documents. The Deliverer must adapt to the needs of transportation, handling and storage of the transported objects, in order to guarantee the quality of the Freight. The transportation of the following items is expressly prohibited: (i) the country’s currency or not (except in cases where small amounts will be paid to collect documents from notaries and the like), (ii) checks, (iii) traveler’s checks, (iv) jewelry, (v) products whose value exceeds $ 500.00 (five hundred Candian dollars); (v) domestic animals or not; (vi) drugs and narcotics, (vii) pistols and firearms, (viii) explosives and ammunition, (ix) gases under pressure, (x) flammable, (xi) radioactive material, (xii) bacteria or viruses and any other whose transport is prohibited by law.
Responsibilities and risks involved
The Delivery Man declares that he recognizes the risks involved in Shipping and that he is aware of all the necessary and reasonably expected care of a professional in this area, including with regard to morals, education and good customs. It further declares that it will bear any and all expenses and losses arising from the provision of the Freight service, exempting Localie from any responsibility, since its affiliation to the Localie Platform is made of its own free will, exclusively to optimize its services, without any Localie’s interference in the provision of the transport service, which is contracted directly and autonomously between the Delivery Person and the End User.
Independence of the parties
The parties to this T&C are independent of each other and each is entirely responsible for its operating costs, expenses, fees, contributions and taxes related to the maintenance of its company and activity.