Terms of Service

Last Updated: December 1, 2024

Current Version: 1.3

These Terms of Service ("Terms") govern your use of the Anydrop platform operated by Anydrop Inc. ("Anydrop," "we," "us," or "our"). By accessing or using the Anydrop Service, you agree to these Terms. Please read them carefully. If you disagree with any part, you must not use the Service.

These Terms include specific provisions for customers (senders) and drivers, as well as general terms that apply to all users.

1. Acceptance of Terms

By using the Anydrop platform, you acknowledge that you have read, understood, and agree to these Terms. Continued use of the Service constitutes acceptance of any modifications.

Terms for Customers (Senders)

The following terms apply specifically to customers using Anydrop to send packages.

2. Eligibility and Account Requirements

To use the Service, you must:

  • Account Creation: Create an account with accurate information, including your full name, contact information, and payment details.
  • Account Security: You are responsible for maintaining the security and confidentiality of your account credentials. All activities conducted under your account are your responsibility.
  • Age Requirement: You must be at least 18 years old and legally able to form binding contracts under applicable law.

3. Permissible Use of Service

3.1 Compliance with Laws: You agree only to send items that comply with all relevant laws, regulations, and Anydrop's guidelines. This includes ensuring no prohibited, hazardous, or illegal items are sent.

3.2 Accuracy of Information: All package information, including the description, weight, dimensions, and pickup/delivery details, must be accurate. Anydrop is not responsible for delays or issues arising from incorrect information.

3.3 Prohibited Items: The following items are strictly prohibited from being sent via the Anydrop Service:

  • Dangerous or hazardous materials, including flammable, toxic, or corrosive items.
  • Illegal substances or contraband.
  • Items that violate local, provincial, or national regulations.

4. Fees and Payment

4.1 Service Fees: You agree to pay all applicable fees for each delivery, including any service charges and optional insurance costs, at the time of booking.

4.2 Payment Processing: Payments are processed securely through a third-party processor. By providing payment information, you authorize Anydrop to charge your account for all transaction-related fees.

4.3 Billing and Invoicing: You will receive a confirmation email or receipt for each transaction. Any payment issues or discrepancies must be reported to Anydrop within 30 days.

5. Delivery Services and Limitations

5.1 Estimated Delivery Times: While Anydrop strives for timely delivery, all delivery times are estimates and may be affected by external factors such as traffic or weather conditions.

5.2 Package Responsibility: Anydrop and its drivers are not liable for the contents of packages beyond any insurance or liability coverage purchased by the client.

5.3 Special Delivery Instructions: Customers can include special delivery instructions, but compliance is not guaranteed. Anydrop will endeavor to follow instructions as closely as possible.

6. Optional Insurance Coverage

6.1 Coverage Options: Customers may choose to purchase optional insurance coverage at the time of booking to protect the value of their package during transit.

6.2 Insurance Claims: Any claims for lost or damaged items must be submitted through Anydrop's support team and may require proof of package value and condition. Claims will be processed in accordance with the terms of the insurance provider.

6.3 Limitation of Liability Without Insurance: If no insurance is purchased, Anydrop's liability for lost or damaged packages is limited to the extent allowed by law, and customers assume the risk of shipping.

7. Cancellations and Refunds

7.1 Cancellation Policy: Cancellations may be permitted within a certain timeframe after placing an order, subject to applicable fees. Cancellations after a driver has accepted the order may incur a cancellation fee.

7.2 Refund Requests: Refund requests must be submitted to Anydrop support and are subject to review. Refunds may be denied if a package has been successfully delivered or if the cancellation does not meet Anydrop's refund criteria.

8. Customer Conduct and Responsibilities

8.1 Respectful Communication: Customers must engage respectfully with drivers and Anydrop support staff. Harassment, discrimination, or abusive behavior will result in account suspension or termination.

8.2 Package Security: Customers are responsible for securely packaging items to prevent damage during transit. Anydrop is not liable for items damaged due to inadequate packaging.

8.3 Address and Access Accuracy: Accurate pickup and delivery addresses must be provided. Any fees incurred due to incorrect address information will be charged to the customer's account.

9. Insurance Obligations and Uninsured Losses

Customers bear sole responsibility for losses not covered by optional insurance. Anydrop's liability for uninsured packages is limited to $100 CAD or the extent permitted by law, whichever is lower.

10. Customer-Driver Dispute Responsibility

You acknowledge that Anydrop serves solely as a facilitator and is not a party to disputes between customers and drivers. Unresolved disputes must be resolved directly between the involved parties, potentially through arbitration.

Terms for Drivers

The following terms apply specifically to drivers providing delivery services through Anydrop.

2. Eligibility and Registration Requirements

2.1 Age Requirement: Drivers must be at least 18 years old and hold a valid driver's license issued by Ontario or Quebec.

2.2 Identity Verification: Drivers must submit government-issued ID, driver's license, vehicle registration, and proof of insurance for verification.

2.3 Vehicle Compliance: Vehicles used for Anydrop deliveries must meet all safety standards and comply with Ontario's Highway Traffic Act (HTA) or Quebec's Highway Safety Code.

3. Driver Obligations and Conduct

3.1 Compliance with Laws: Drivers agree to abide by all local traffic regulations and laws, including the HTA in Ontario and the Highway Safety Code in Quebec.

3.2 Professional Conduct: Drivers must maintain professionalism, avoid inappropriate behavior, and communicate courteously with clients.

3.3 Confidentiality: Client and package information must remain confidential, per Ontario's Freedom of Information and Protection of Privacy Act (FIPPA) and Quebec's Act respecting the protection of personal information.

4. Use of the Anydrop Platform

4.1 App Usage: Drivers must use the Anydrop app to accept and manage deliveries, provide updates, and confirm proof of delivery.

4.2 Real-Time Tracking Consent: By using the Anydrop platform, you consent to share your real-time location with clients during active deliveries.

4.3 Device Security Requirements: Drivers must keep their devices secure, up-to-date, and protected by passwords or biometric locks to prevent unauthorized access.

5. Insurance and Liability Coverage

5.1 Mandatory Insurance: Drivers in Ontario and Quebec must maintain commercial auto insurance, in compliance with provincial regulations, covering third-party liability and cargo for transporting goods.

5.2 Anydrop's Optional Coverage for Senders: Anydrop offers optional insurance for clients to cover package value during transit, separate from drivers' insurance. Anydrop's total liability for any claims related to your use of the platform shall not exceed the greater of $500 CAD or total fees paid by drivers in the three months preceding the incident.

5.3 Compliance with Provincial Insurance Requirements: Drivers must ensure insurance complies with the Ontario Financial Services Regulatory Authority (FSRA) guidelines or Quebec's Régie de l'assurance maladie du Québec (RAMQ) requirements.

6. Conduct and Responsibilities

6.1 Professional Conduct: Drivers are expected to maintain professionalism at all times.

6.2 Timeliness: Adherence to scheduled pickup and delivery times is required.

6.3 Package Handling: Drivers are required to handle items carefully to ensure they are delivered in the same condition as received.

6.4 Health and Safety Compliance: Drivers should practice safe lifting techniques, especially for heavier items, to prevent injury.

7. Compliance with Provincial Safety Standards

7.1 Vehicle Standards Compliance: Vehicles must comply with Ontario's Ministry of Transportation (MTO) or Quebec's Société de l'assurance automobile du Québec (SAAQ) standards, including periodic inspections if required for commercial purposes.

7.2 Incident Reporting Protocol: Drivers must report any accidents, incidents, or damage during delivery immediately to Anydrop, including photographic or descriptive documentation as necessary.

8. Technology and Platform Requirements

8.1 GPS and Internet Access: Drivers must maintain active GPS and data services to support real-time tracking during deliveries.

8.2 Platform Requirements: Drivers agree to use the Anydrop platform in compliance with guidelines, including electronic proof of delivery.

8.3 Data Breach Protocols: Drivers must notify Anydrop immediately if they suspect a data breach involving client information or the Anydrop app on their devices.

9. Prohibited Substances and Impairment Policy

9.1 No Tolerance for Impairment: Drivers must not perform deliveries while under the influence of drugs or alcohol and must comply with all applicable provincial laws related to impairment.

9.2 Substance Testing Policy: Anydrop reserves the right to request substance testing if there is reason to believe a driver is impaired, especially if an incident occurs during a delivery.

10. Performance Monitoring and Feedback

10.1 Client Ratings and Feedback: Anydrop monitors driver performance based on client reviews and ratings. Repeatedly low ratings may lead to account suspension or penalties.

10.2 Package Handling Liability: Drivers may be held liable for damages resulting from mishandling of items, in compliance with Ontario and Quebec's Consumer Protection Acts.

11. Independent Contractor Status

11.1 Independent Contractor Relationship: Drivers operate as independent contractors and are responsible for their own tax and insurance obligations.

11.2 Tax Responsibilities: Drivers in Quebec must comply with Quebec Sales Tax (QST) requirements, and drivers in Ontario may need to register for GST/HST if income exceeds $30,000 annually.

12. Non-Compete and Non-Solicitation Clause

For a period of six (6) months following the termination of your agreement with Anydrop, drivers are not able to directly or indirectly solicit business from Anydrop clients or use any proprietary information obtained during your engagement with Anydrop to establish or assist in creating competing services.

12.1 Non-Compete: Drivers agree not to use client information obtained through Anydrop to establish competing delivery services.

12.2 Non-Solicitation: Drivers are prohibited from soliciting clients for delivery services outside the Anydrop platform to protect Anydrop's client base.

13. Payment and Fees

13.1 Compensation: Drivers are paid per completed delivery as agreed upon within the app, minus applicable fees.

13.2 Payment Schedule: Earnings are processed weekly through Anydrop's payment processor, and drivers must ensure accurate banking details.

14. Cancellations and Refunds

14.1 Driver Cancellations: If a driver cancels a delivery after acceptance, Anydrop may impose penalties or deduct fees.

14.2 Refunds to Clients: Drivers may be responsible for reimbursement if delivery issues arise or if service standards are breached.

15. Right to Background Checks and Continuous Verification

15.1 Background Checks: Anydrop may conduct background checks on drivers to maintain safety and compliance standards.

15.2 Continuous Verification: Anydrop reserves the right to periodically verify a driver's license, insurance, or other relevant documentation to ensure ongoing compliance.

16. Environmental Responsibility

16.1 Sustainability Practices: Anydrop encourages drivers to follow environmentally responsible practices, such as using fuel-efficient routes or reducing idling during deliveries.

17. Performance Standard and Termination Triggers

Drivers must maintain a minimum rating of 4.5 out of 5. Failure to meet this threshold for three consecutive months may result in suspension or termination. Immediate termination may occur in cases of package theft, harassment, or repeated policy violations.

18. Insurance Obligations

Drivers must maintain a minimum of $1,000,000 CAD in commercial auto liability insurance, as required by provincial regulations. Drivers are solely responsible for any claims exceeding this amount.

General Terms

The following terms apply to all users of the Anydrop platform.

19. Privacy and Data Protection

19.1 Data Collection and Use: Anydrop collects and processes personal information as described in our Privacy Policy, which is incorporated by reference. This may include contact information, payment details, and address information.

19.2 Location Tracking: By using the Anydrop Service, you consent to location tracking for real-time delivery updates.

19.3 Data Security: Anydrop employs security measures to protect your data but cannot guarantee absolute security. You agree that Anydrop is not liable for any unauthorized access to your account or personal data unless caused by our negligence.

20. Dispute Resolution

20.1 Dispute Handling Process: In the event of a dispute related to a delivery, users agree to contact Anydrop's support team for assistance. Anydrop will work to resolve the issue in good faith.

20.2 Arbitration for Unresolved Disputes: All disputes arising from or relating to these Terms shall be resolved exclusively through binding arbitration under the laws of Ontario or Quebec. Arbitration proceedings will be conducted confidentially under Ontario's Arbitration Act or Quebec's Code of Civil Procedure. Small claims court proceedings are not permitted unless explicitly required by law.

21. Limitation of Liability

21.1 Exclusion of Indirect Damages: Anydrop is not liable for any indirect, incidental, punitive, or consequential damages arising from the use of the Service.

21.2 Total Liability Cap: Anydrop's total liability for any claim arising out of or related to the Service will not exceed the total amount paid by the user in the three months preceding the claim or $500 CAD, whichever is lower.

21.3 Facilitator Role: By using the Service, you agree that Anydrop acts solely as a facilitator of transactions between customers and drivers. You waive the right to bring any legal claims against Anydrop arising from services facilitated through the platform.

22. Indemnity

You agree to indemnify and hold harmless Anydrop from any claims, damages, or losses arising out of your use of the Service, including but not limited to sending prohibited items, providing inaccurate information, package mishandling, legal violations, or failure to maintain required insurance coverage.

23. Termination of Service

23.1 Right to Terminate or Suspend Account: Anydrop reserves the right to terminate or suspend accounts if these Terms are violated or if there is evidence of fraudulent or inappropriate use of the Service.

23.2 Effect of Termination: Upon termination, all pending orders will be canceled, and any unused credits will be forfeited. Anydrop will not be liable for any losses incurred due to termination.

24. Governing Law and Jurisdiction

These Terms are governed by the laws of Ontario and Quebec, without regard to conflict of law principles. Any disputes will be resolved within the jurisdiction of these provinces.

25. Changes to Terms

Anydrop reserves the right to modify these Terms at any time. The "Last Updated" date will reflect the most recent changes. When we make significant changes, we will notify users by email or by placing a prominent notice on our platform. Continued use of the Service after modifications indicates acceptance of the updated Terms.

26. Contact Information

For questions or support, please contact us at:

Anydrop Inc.

Email: support@anydrop.com

Website: www.anydrop.com

By using Anydrop's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.