TERMS AND CONDITIONS
This page (together with documents referred to herein) tells you information about us and the legal terms and conditions (“Terms”) on which we provide the Services to you.
These Terms will apply to any contract between us for the provision of Services to you. Please read these Terms carefully and make sure that you understand them, before engaging any Services. Please note that by signing up to our service via www.pigeonbox.ca
you agree to these Terms. If you refuse to accept these Terms, you will not be able to use our Services.
We amend these Terms from time to time. These Terms were most recently updated on 1st March 2019.
INFORMATION ABOUT US
1.1 We operate the PigeonBox App, which can be accessed via a web browser, at www.pigeonbox.ca. We are Hwadong Holding Inc., operating under the brand of PigeonBox, a company registered in British Columbia and our office is located at the basement of 6163 Univeristy Blvd. Vancouver, BC V6T 1Z1 (Alumni Centre).
1.2 If you wish to contact us for any reason including because you have a complaint, you just need to let us know via email at firstname.lastname@example.org.
2.1 Addressee means the name of the person to whom the delivered Article is addressed;
2.2 Article means any article delivered to a PigeonBox Location and which is not a Prohibited Article;
2.3 Delivery Date means the date your Article is received by the PigeonBox Location;
2.4 Delivery Point Team means any employee, officer, or agent at the PigeonBox Location who is authorized to accept and to redistribute deliveries at that PigeonBox Location.
2.5 Delivery Window means the estimated delivery date or time or period in which your Article is estimated for delivery;
2.6 Distributor means the person/company that delivers the Parcel on behalf of a Seller;
2.7 Open Code means the unique reference code provided for each transaction via the App and/or email and/or SMS.
2.8 Parcel means a single packet of one or more Articles which is to be delivered to a PigeonBox Location;
2.9 PigeonBox Location means a location listed on the App, selected by you as your remote address for postal deliveries;
2.10 Prohibited Article means those articles listed in Clause 6.5;
2.11 Push notification means a digital notification sent by the App and/or via email and/or via SMS;
2.12 Seller means the person/company from whom you have ordered the Article for delivery;
2.13 Subscriber means a customer who has subscribed to the App to whom the terms set out in Appendix 1 apply;
2.14 Working Day means any day which is not a Saturday or Sunday and/or which the banks are open for business;
2.15 Working Hours means 8 a.m. – 8 p.m. on a Working Day;
2.16 When we refer, in these Terms, to "in writing", this will include e-mail.
3.1 We host the PigeonBox Application (“the App”) through which you may use the PigeonBox Location address to have Articles delivered to and stored for a fixed maximum duration depending on which service type you book (the ‘Services’).
3.2 We provide PigeonBox Locations only and are not connected with any Seller or Distributor from whom the delivery may originate.
3.3 We shall supply the Services to you using reasonable care and skill.
3.4 We may perform the Services ourselves or we may sub-contract part or all elements of the Services.
3.5 We have absolute discretion as to the means, route and procedure to be followed in the handling and storage of Articles which are subject to a booking for our Services.
3.6 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the App. We will contact you to let you know in advance where this occurs.
4.1 You shall pay the price for the supply of the Service or, if you are a Subscriber, you shall pay the Subscription Fee as set out in Appendix 1.
4.2 You warrant that you are either the owner of the Articles or the authorised agent of the owners of the Articles and that you are 18 years or older.
4.3 You shall collect your Article by the Deadline. If the Article is not collected by the deadline, we reserve the right to arrange for the Article to be returned or disposed of as relevant, at your expense.
4.4 PigeonBox Locations have a discretion to retain Articles for your collection after the deadline. However, additional charges may apply and you are advised to contact us if you are unable to comply with your obligation at 4.3.
5. IF YOU ARE A BUSINESS CUSTOMER
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our App.
5.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6. YOUR ARTICLES AND PROHIBITED ARTICLES
6.1 All Articles must be correctly addressed including your Delivery Code, the Addressee’s full name and the PidgeonBox Location address. If your Article is to be delivered by Special or Recorded delivery or any other tracked delivery service, your use of our Services shall constitute deemed authorization for the Delivery Point Team to sign for the Article.
6.2 Articles must not weigh more than 25 kg nor exceed dimensions of 60 x 60 x 60 cm or be of a value exceeding $500. You shall verify the approximate weight, size and value of the item upon placing your Booking.
6.3 We reserve the right to reject an Article at the PigeonBox Location if the Article exceeds the weight or dimension limitations quoted at clause 6.2, or as otherwise agreed with us in writing, or if you are not the owner or authorized owner of the Articles.
6.4 We shall not be required or caused to accept any Article if such acceptance or conveyance would be unlawful, or if the Article is a Prohibited Article.
6.5 We shall not accept corrosive, flammable, explosive, toxic, oxidizing or radioactive materials or gases, pyrotechnics, arms and ammunition or any other noxious, hazardous or dangerous goods or goods likely to cause damage. These Articles are ‘Prohibited Articles’ for the purpose of these Terms.
6.6 We shall not, without specific written agreement, accept works of art, artwork, musical instruments, ceramics, deeds, or any type of envelops, including tender documents, statements, utility bills or correspondences, documentation including stamps, securities, passports, vouchers and money, prescribed drugs, precious metals, livestock, liquids, foodstuffs, perishable goods, glass, bullion, coins, precious stones, fossils, stoneware, resin items, amber, composites, valuable jewelry, valuable antiques or plants or plant seeds, supplements or derivatives.
6.7 Should you or the Seller nevertheless (whether knowingly or unknowingly) request to deliver Prohibited Articles, or an Article listed under clause 6.6 without written agreement, to the PaigeonBox Location or cause us or personnel at the PigeonBox Location to handle Prohibited Articles, or an Article listed under 6.6 without written agreement, otherwise than under special arrangements previously made in writing, we shall be under no liability whatsoever in connection with the Article however arising and you shall indemnify us against all penalties, claims, damages, losses, fines, costs and expenses whatsoever arising in connection with the Articles and the Articles may be destroyed or otherwise dealt with at our sole discretion or by any other person in whose custody they may be at the relevant time.
7. HOW WE USE YOUR PERSONAL INFORMATION
8. HOW THE DELIVERY IS MADE
8.1 Place an order from any website you like by copying/pasting PigeonBox location address from your Dashboard. Once a delivery is made to our central depot location, our dispatch team will distribute to a primary locker location which you set in your Dashboard. Once it is available for a pickup, you will receive an email notification with an open code. Please also read our FAQs for detailed information about our processes.
8.2 We are not able to process your delivery and facilitate the safe delivery of your Article if the delivery code (DLXXXX, found at the end of address) is not stated clearly with the address. We advise, that you shall only send items as 'tracked deliveries'.
9. OUR RIGHT TO VARY THESE TERMS
9.1 We amend these Terms from time to time to reflect changes in relevant laws and regulatory requirements or for any other reason. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
9.2 If we have to revise these Terms, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel any Services yet to be delivered if you are not happy with the changes.
10. YOUR RIGHT OF CANCELLATION AND REFUND
10.1 If you are a consumer, you have a legal right to cancel a Service, or your Subscription if you are a Subscriber. This means that during the relevant period if you change your mind you can notify us of your decision to cancel your Service or your Subscription, and receive a refund.
10.2 We cannot offer you a refund in circumstances where you have made an error in the Service you have submitted or where your Articles have been rejected in accordance with these Terms. If you are a Subscriber, any such Booking will be counted towards the maximum of your monthly allowance.
10.3 Refund is limited to payment that you have made. Any balance in your Dashboard that was added by us as part of welcome promotion or any other promotion, is not subject to a refund.
11.1 Unless you are a Subscriber, the prices of the Services will be as quoted on our App. If you are a Subscriber, your Subscription Fees will be as set out at Appendix 1 paragraph 2.
11.2 We reserve the right to charge a surcharge if the size and weight of the Article exceeds the size and weight stipulated in your Booking and we reserve the right to retain the Article until such surcharge has been paid.
11.3 Prices for our Services, including Subscription Services may change from time to time, but changes will not affect any Services you have already placed.
11.4 The price of a Service or a Subscription Fee includes GST (where applicable) at the applicable current rate chargeable in Canada for the time being.
11.5 Our Charges do not include delivery charges that may be charged by the Seller or Distributor of the Articles you have booked for delivery using our Services.
11.6 Our site contains a variety of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have booked we will contact you in writing to inform you of this error and we will give you the option of continuing to book the Services at the correct price. We will not process your Service until we have your instructions. If we are unable to contact you using the contact details you provided during the booking process, we will treat the Service as cancelled and notify you in writing.
11.7 We reserve a right to change the Charges without notice.
12. HOW TO PAY
12.1 You can only pay for Services using a debit card or credit card. We accept the following cards: Visa and MasterCard via Stripe on your Dashboard in www.pigeonbox.ca.
12.2 Payment for the Services and all applicable delivery charges is made in advance and deducted at the time you collect your package.
13. OUR LIABILITY
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.
13.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
13.3 Subject to Clause 13.2 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:(a) any loss, damage or delay caused by the Seller or Distributor of the Articles;
(b) any loss, damage or delay caused by the PigeonBox Location handling the Articles;
(c) loss of profits, sales, business, or revenue;
(d) loss or corruption of data, information or software;
(e) loss of business opportunity;
(f) loss of anticipated savings;
(g) loss of goodwill; or
(h) any indirect or consequential loss.
13.4 Subject to Clause 13.2 and 13.3, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for Articles which are not Prohibited Articles, shall in no circumstances exceed 100% of the price paid for the Article to a maximum value of $100.
13.5 Subject to the provisions of this clause 13 you have the option to pay an additional charge which will qualify you for compensation in the event that your Article is lost, stolen or damaged caused by the PigeonBox Location. Payment of this charge qualifies you to apply for compensation to the maximum value of $200 but not to exceed 100% of the price paid for the Article.
13.6 Any liability and/or compensation shall only be incurred on fulfilment of the following requirements and is subject to your compliance with these Terms:
(a) You must notify us in writing of the loss, damage or delay within 14 days of your Delivery Date;
(b) You must provide proof of order and dispatch from the Seller and/or Distributor;
(c) You must provide a receipt confirming the order has been delivered successfully and/or tracking code;
(d) You must provide a receipt confirming the price of the Article.
13.7 We accept no liability whatsoever for any loss, damage or delay for articles which do not comply with clause 6 or which are Prohibited Articles.
13.8 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
13.9 We do not give any representation, warranties or undertakings in relation to the goods booked for delivery using our Services. Any claim as to the goods must be made to the Seller of that product.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, snowfall, epidemic or other natural disaster, or failure of public or private telecommunications networks or act or omission of any Seller or Distributor of the goods booked to which our Services relate which prevents us from supplying the Services to you.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Booking will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the availability of our Services to you, we will arrange to provide the Services as soon as reasonably possible after the Event Outside Our Control is over.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Service to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this App if this happens. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.2 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.