My-Del.ca Terms & Conditions: Package Pick-up and Delivery
Conditions of Use
Welcome to my-del.ca (this "website"). You have been directed here because you have requested to have packages, materials or other goods ("Goods") delivered to one of our My Delivery Concierge locations ("Locations") for pick up by you. All the Locations are owned and operated by My Delivery Concierge Inc ("MyDel", "we" or "us"). These Terms and Conditions govern the provision of such delivery, handling and pick up of your Goods.
By using this website and selecting one of our Locations for delivery of your Goods, you agree to these Terms and Conditions below. Please read them carefully.
You agree to use MyDel solely for personal, non-commercial use in accordance with the Terms. By agreeing to these Terms, you agree not to use MYDEL for business or commercial purposes. Business or commercial usage is prohibited without an active commercial agreement in place.
Prohibited Goods at MYDEL
MYDEL will not accept the following Goods ("Prohibited Goods"): currency or negotiable instruments; dangerous or hazardous Goods, including those Goods prohibited by the Transportation of Dangerous Goods Regulations; firearms or weapons of any kind; tobacco, alcohol or any other drugs prohibited by law; Goods that may damage other Goods or equipment, expose a person to danger or emit offensive odours; antiques, precious metals, valuable jewellery, original works of art or any other Goods that in MYDEL's sole judgment are of extraordinary value; animals, birds or insects; live plants or cut flowers; human remains in any form or any other biological materials or medical waste; and any Goods that are, or would be, if shipped, contrary to the laws of Canada, its provinces or municipalities, including but not limited to the Criminal Code and the Canada Post Corporation Act and the Non-Mailable Matter Regulations thereunder. Additional restrictions may apply as governed by sub-contracted couriers or suppliers.
Before accepting any Goods, MYDEL reserves the right to require sufficient verification of the Goods, including the right to open and inspect any packaging. MYDEL reserves the right, based on its sole determination, to refuse any Goods it determines to be Prohibited Goods. In the event that MYDEL unknowingly accepts Prohibited Goods, MYDEL will assume no liability whatsoever in respect of the goods, including but not limited to loss, damage, prosecution, delay, or theft of any such Goods.
MYDEL may also in its sole and absolute discretion refuse to accept any package weighing more than 25 kilograms (55 pounds), exceeding 270 centimetres in length (108 inches), or exceeding a total of 419 centimetres (165 inches) in length and girth combined. Length is the longest side of the Goods. Girth is the distance around the Goods at the widest point.
The shipment of perishables is prohibited and will be refused by MYDEL.
Charges, Duties and Taxes on Delivery
MYDEL will not be responsible for any charges required to be paid for receipt of Goods on delivery, including but not limited to all transportation charges, duties, customs assessments, government penalties and fines, tariffs, COD (cash on delivery), taxes and fees (any of the foregoing, "Charges"). It is your responsibility to ensure payment of all Charges before delivery of your Goods to MYDEL. Any Goods that require the payment of any charges for delivery will be refused by MYDEL and returned to sender according to the shipper's terms and conditions.
Picking Up Your Goods
To pick up your Goods, simply come to the Location you selected and present the MYDEL email notification or order confirmation provided to you by MYDEL (the "Order Confirmation"). You can present it in a printed paper form or you may display it on your mobile device. You must show a Government-issued photo identification to claim your Goods. We will retrieve the parcel containing your Goods, and optionally load it into your vehicle, after you sign a delivery receipt.
If you wish to have another person (an “Authorized Representative “) pick up your Goods for you, the Authorized Representative must present your My Delivery Concierge email notification, or the My Delivery Concierge Order Confirmation, and agree to the Terms and Conditions. You must pick up your Goods within seven (7) calendar days of the delivery of the Goods to the Location. If the Goods are not picked up within this seven (7) calendar day period, we will contact you to make alternate arrangements.
You acknowledge and agree that whenever a person arrives at a Location and presents an Order Confirmation, we are entitled to rely on the Order Confirmation as being a valid authorization and that the person presenting the Confirmation is authorized, in each case without making any further inquiries or verification. If the person presenting the Confirmation was in fact not authorized by you to pick up your Goods, or obtained the Order Confirmation illegally, fraudulently or improperly, we are in no way responsible.
Nature of Relationship
We are not in any way involved with your transaction with the Retailer, courier, shipper or delivery service. We have no contractual relationship with you, nor you with us, except for these Terms and Conditions. We provide one, and only one, service (the "Service"). That is, we will accept delivery of the Goods for pick up by you on the Terms and Conditions contained herein.
If the shipper of the Goods to MYDEL requires a signature acknowledging receipt of delivery of the Goods, you agree that MYDEL is authorized to sign for such shipment of Goods on your behalf.
Damaged or Unsatisfactory Goods
The Goods that we receive at the Locations for pick up by you are your property. We are simply storing them and providing a convenient location for you to accept delivery. We are in no way responsible for any damaged, incomplete, incorrect, mislabelled, misbranded or otherwise unsatisfactory Goods. Our Locations are not equipped to handle refunds or monetary transactions of any kind. We are not responsible for any refunds, returns or other disputes related to the Order or the shipment of the Goods. If you are unhappy with the Goods or wish to return them, you must take the Goods and follow the instructions provided to you by Retailer for return.
We have no responsibility to you except to perform the Service in good faith and with reasonable care and skill. We shall have no obligation or liability to you or any other persons for any damages or losses you or they may suffer in relation to your Goods or to our performance of the Service, except to the extent we cause any damage or harm to your Goods, to you picking up your Goods, to the vehicle used to pick up or to any other property through our gross negligence or wilful misconduct.
In no event shall we be liable for any (i) punitive, special, exemplary or aggravated damages, (ii) loss of profits, loss of use, loss of production, loss of business or loss of business opportunity, or (iii) a claim for indirect, incidental or consequential loss or damages of any nature suffered or allegedly suffered by you or your authorized representative or any other persons arising out of or in any way connected with the Goods or the Service; and you shall not have the right to assert or claim, and will not assert or claim, for any such losses or damages.
If through our gross negligence or wilful misconduct we damage your Goods, our liability for such damage is limited to a maximum of $100 CAD per parcel of Goods. If through our gross negligence or wilful misconduct we damage or cause bodily injury or harm to you or your vehicle or other property, our liability for such damage, injury or harm is limited to a maximum of $100 CAD.
If and to the extent that the above exclusions or any portion thereof are found to be invalid or unenforceable for any reason, then the aggregate liability of MYDEL for damages of any nature suffered by you shall be limited to $100 CAD in respect of any parcel of Goods that you pick up from us.
The above exclusion and limitation of liability shall apply to any claim, whether that claim is in contract, tort (including negligence), strict liability, restitution, breach of statute or any other theory of law and even if MYDEL had been advised or had reasons to know of the possibility of such damages.
Some jurisdictions have laws that do not allow some of the above disclaimers, limitations and exclusions. If these laws apply some or all of the above disclaimers, exclusions or limitations may not apply to you. These disclaimers, exclusions and limitations shall apply to you to the maximum extent permitted by applicable laws.
Consent to Email Communication
By registering with My Delivery Concierge you consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this website.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing" and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and each party hereto irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of Ontario.
These Terms and Condition constitutes the entire agreement between you and MYDEL pertaining to the Goods and the Service supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. MYDEL reserves the right to unilaterally modify or amend any portion of the Terms and Conditions at any time without prior notice.
It is the express wish of the parties that these terms and conditions be drawn up in English only.
C'est la volonté expresse des parties que ces termes et conditions soient rédigés en anglais seulement.
If you have any technical difficulties, please call 1-833-693-3522.