Innovation Inc. (“Serendipia,” “we,” or “us”) owns and
operates the Eloujn mobile application (“Eloujn App”), websites,
content, products, and services (collectively, the “Platform”).
your use of the Platform.
READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.
and use of the Platform constitutes your agreement to be bound by
these Terms. If you do not agree to these Terms, do not use the
comprise an electronic contract that establishes the legally binding
terms you must accept to use the Platform. The Terms include
accessing or using the Platform, you accept the Terms and agree to
the terms, conditions and notices contained or referenced herein and
consent to have the Terms and all notices provided to you in
electronic form. The Terms may be modified by us from time to time,
such modifications to be effective upon posting by us on the
Platform. We shall notify you of changes to the Terms through notices
on the Platform or by email, or both. To withdraw your consent, you
must cease using the Platform and terminate your Account.
breach any provision of these Terms, your right to access and use the
Platform shall cease immediately.
Platform constitutes a technology platform that enables certain users
of the Platform to arrange and schedule delivery of goods or services
(“Jobs”) with an independent third-party provider, including
independent third-party logistics providers under Agreement
Those users who request Jobs through the Platform are herein referred
to as “Customers.” Customers and Contractors are herein referred
to collectively as "Users."
Platform is an independent service that allows Customers to connect
with Contractors. Any decision by a User to enter into a transaction
with another User is a decision made in such User’s sole discretion
and at their own risk. YOU ACKNOWLEDGE THAT SERENDIPIA DOES
NOT PROVIDE LOGISTICS SERVICES AND LOGISTICS SERVICES ARE PROVIDED BY
INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED
BY SERENDIPIA OR
ANY OF ITS AFFILIATES.
Customer’s Job has been accepted by a Contractor, a separate
agreement is created between the Contractor and the Customer. The
Contractor is an independent contractor of the Customer. Serendipia
is not a party to this separate contract. In the event a dispute
arises in relation to this separate agreement, Serendipia may, but
has no obligation to, provide dispute resolution assistance.
does not have control over the actions of any User. As such,
Serendipia makes no representations or warranties whatsoever with
respect to the actions of any User or third party. You understand
that Serendipia does not routinely screen its Users, inquire into the
background of its Users, or attempt to verify information provided by
any User. Serendipia does not verify or confirm that any User is who
they claim to be or is accurately representing themselves.
Information provided as part of the use of the Platform is for
general purposes only. Serendipia does not assume any responsibility
for the accuracy or reliability of this information or any
information provided through the Platform.
the right to add, amend, delete, edit, remove or modify any
information, content, material or data displayed through the Platform
and without notice from time to time. We reserve the right to suspend
or discontinue the Platform, in whole or in part, without notice. We
shall not be liable to you for any modification, suspension, or
discontinuation of the Platform.
shall have no obligation to provide you with any support or
maintenance in connection with the Platform.
USE OF PLATFORM
you a non-transferable, non-exclusive, revocable, limited licence to
use and access the Platform.
You are not
permitted to use the Platform:
unlawful or fraudulent manner, or any other manner prohibited by
upload, transmit, or distribute to or through the Platform any
computer viruses, worms, or any software intended to damage or
alter a computer system or data;
through the Platform unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of duplicative or unsolicited messages,
whether commercial or otherwise;
the Platform to harvest, collect, gather or assemble information
or data regarding other Users, including e-mail addresses, without
interfere with, disrupt, or create an undue burden on servers or
networks connected to the Platform, or violate the regulations,
policies or procedures of such networks;
attempt to gain unauthorized access to the Platform (or to other
computer systems or networks connected to or used together with
the Platform), whether through password mining or any other means;
harass or interfere with any other User’s use and enjoyment of
software or automated agents or scripts to produce multiple
accounts on the Platform, or to generate automated searches,
requests, or queries to (or to strip, scrape, or mine data from)
tamper with, modify, copy without express permission, amend, make
derivative or reverse engineer any part of the Platform; or
licence, sell, rent or lease any part of the Platform.
As part of
your use of the Platform, you must create a user account (an
“Account”). Account registration requires you to submit
to Serendipia certain
personal information, such as your name, age, address, mobile number,
email, and at least one accepted credit card. This information will
be retained until your Account is deleted. It is your responsibility
to ensure that all information, content, material, or data you
provide in your Account is at all times correct, complete, accurate,
and not misleading. We accept no responsibility for any loss or
damage to you arising from Account information that is not correct,
complete, and accurate, or is misleading. Lack of an up-to-date
payment method may also result in fees due by Users, such as a
cancellation and order fees. Each User may have only one Account.
You must be
at least 19 years of age to obtain an Account.
It is your
responsibility to keep all of your Account information confidential,
including but not limited to your username, password and other
identifying information. You are solely responsible for all
activities undertaken through the Platform using your username,
password, or other Account information. You must notify us
immediately of any unauthorized or suspected unauthorized use of your
Account. We accept no responsibility for loss or damage resulting
from failure to keep your information confidential or from failing to
notify us of unauthorized use of your Account. You may not allow
other individuals to use your Account.
As part of
your Account, you may create a user profile (the “Profile”). Once
complete, your Profile will be visible to other Users.
delete your Account at any time by contracting us at
We may, in
our sole discretion, terminate your Account and your access to the
Platform at any time if you are in breach of the Terms.
retain ownership of any views, opinions, reviews, ratings, comments,
content or material you submit, display, distribute, upload, post,
share, publish or otherwise make publicly available on or through the
Platform (the “User Content”). You grant (and you represent and
warrant that you have the right to grant) to Serendipia an
irrevocable, nonexclusive, royalty-free and fully paid, worldwide
license to reproduce, distribute, publicly display and perform,
prepare derivative works of, incorporate into other works including
for marketing purposes, and otherwise use and exploit your User
Content, and to grant sublicenses of the foregoing rights. You
irrevocably waive (and agree to cause to be waived) any claims and
assertions of moral rights or attribution with respect to the User
You are not
to collect, upload, transmit, display, or distribute any User Content
any third-party right, including any copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or
any other intellectual property or proprietary right;
unlawful, harassing, abusive, tortious, threatening, harmful,
invasive of another’s privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene,
patently offensive, promotes racism, bigotry, hatred, or physical
harm of any kind against any group or individual or is otherwise
harmful to minors in any way; or
violation of any law, regulation, or obligations or restrictions
imposed by any third party.
responsible for your User Content. We do not sponsor or endorse your
User Content. We reserve the right (but have no obligation) to review
any User Content, and to investigate and/or take appropriate action
against you in our sole discretion if you violate the Terms or
otherwise create liability for us or any third party. Such action may
include removing or modifying your User Content, terminating your
Account, and/or reporting you to law enforcement authorities.
We make no
guarantees regarding the accuracy, currency, suitability, or quality
of any content from other Users. Your interactions with other Users
are solely between you and such other Users. You agree that
Serendipia will not be responsible for any loss or damage incurred as
the result of any such interactions. If there is a dispute between
you and any other user, we are under no obligation to become
We are not
obligated to keep a backup of the User Content. We accept no
liability for lost User Content.
may post their Job requests on the Platform for any Contractor to
accept, based on their chosen delivery criteria. Acceptance of
Jobs is on a first come, first served basis. It is solely the
Contractor’s decision whether or not to accept a Job.
agree that the fees collected and paid to the Contractor through the
Platform are full compensation for the services they provide.
Contractors shall not request or be entitled to additional fees or
payments from the Customer or Serendipia upon completion of the Job.
will require the Contractor to make purchases for the Customer. Such
purchases must be made using an accepted credit card. Contractors
will be reimbursed for such purchases upon completion of the Job. If
you are unwilling to make purchases, you must not accept such Jobs.
may not subcontract, delegate, or hire any other person or entity to
perform the Jobs they have accepted. All Jobs must be performed
personally by the Contractor who accepted them.
must use their own mode of transportation, such as a car, bicycle, or
by walking in order to complete Jobs they have accepted through the
Platform. If using a vehicle, Contractors must abide by all laws and
regulations, including but not limited to having a valid driver’s
licence and appropriate insurance. Contractors must only use vehicles
registered in their own name, or the Contractor must have written
permission from the owner to use the vehicle for purpose of providing
services through the Platform.
must create a Stripe Connect account (the “Connect Account”) at
the time of registration for an Account in order to accept payment
and process refunds. Data received from Connect Accounts will be used
to retain records of purchase, delivery details, and may be used by
Serendipia in order to better enhance the Platform. Contractors agree
to use their Connect Account only in connection with the Platform and
not for any other purpose. Contractors agree to
use their Connect Account honestly and not to defraud
Serendipia or any User of the Platform. Contractors must abide by the
Stripe Connected Account Agreement that may be found
must obey by all applicable laws and retain the privacy and
confidentiality of the Customers they provide services to.
Agreement does not create any partnership or employment relationship
between Contractors and Serendipia. Contractors agree that they are
independent entities. Contractors may not make any representations on
behalf of Serendipia.
must pay for all charges that arise from the Jobs they request
through the Platform. Customers acknowledge that the final fee for a
Job may differ from the originally estimated fee. Customers agree to
pay for all fees, irrespective of the estimated quote being more or
less than the final fee.
agree that if they cancel a Job, they will pay a cancellation fee.
Customers must also pay for all costs associated with the cancelled
Job. No refunds will be available regardless of any situation that
does not guarantee that Job requests will be accepted by a
Contractor. Serendipia cannot ensure the estimated completion time
for any given Job is accurate.
order alcohol, tobacco, or other regulated items using the Platform,
you warrant that you are of legal age to purchase and/or consume such
items in the jurisdiction in which they are delivered and are not
ordering such items for any person below the legal age in the
applicable jurisdiction. You acknowledge and agree that Contractors
may require valid government-issued photo identification(s) matching
the name on the order and proving your age to the Contractor, and
that the recipient is not intoxicated when receiving the delivery. If
you are unable to meet these conditions to the satisfaction of the
Contractor then such regulated items may be withheld. In the event a
regulated item is so withheld, you will still be required to pay all
associated fees for the Job, including the price of the withheld
item(s). Regulated item orders may be subject to time and location
on the Platform are in Canadian dollars. Fees may consist of the cost
of an item requested by the Customer, service fees, distance fees,
and a base fare. Taxes and other charges may be added prior to
payment. Payment will be facilitated through a third-party payment
processing service such as Stripe. All fees and payments must be paid
through the Platform. Serendipia is not obligated to pay a Contractor
for a Customer’s failure to pay for a Job.
may set prices for Jobs based on travel distance and various other
factors. Serendipia has the right to change any fees, such as by
removing, increasing, decreasing or adding fees. Serendipia has
the right to change the commission rate it collects at any time.
Notice of such changes will be made to Users in advance.
Serendipia to authorize your credit card for a pre-authorization and
an additional security hold for every new Job you request. Users
agree that they will ensure they have sufficient funds to cover the
charges and the security hold. In the event that Users do not have
sufficient funds and an overdraft occurs, Serendipia will not be held
responsible, and will not aid in the recovery of such funds. You
agree that in the event of an overdraft, you will not make any claims
for reimbursement against Serendipia or another User.
Contractors will be subject to fees that must be allocated to
Serendipia per transaction, applicable taxes, and other fees as
indicated from time to time.
collection and use of personal information in connection with the
provide links through the Platform to the websites or services of
third parties. These websites are owned and operated by third parties
over whom we do not have control. Serendipia has not reviewed all of
the sites linked through the Platform and accepts no responsibility
for the contents of third-party websites. The inclusion of any link
does not imply endorsement by Serendipia of the site or service. Use
of any such linked website or service is at the user's own risk. Any
links to third party websites or services are provided for your
interest and convenience only. We are not responsible or liable for
any loss or damage you may suffer or incur in connection with your
use of any third-party websites or services or for any acts,
omissions, errors or defaults of any third party in connection with
their website or service.
owns and retains all proprietary rights in the Platform, and in all
content, trademarks, trade names, service marks and other
intellectual property rights related thereto. The Platform contains
the copyrighted material, trademarks, and other proprietary
information of Serendipia. You agree to not copy, modify, transmit,
create any derivative works from, make use of, or reproduce in any
way any copyrighted material, trademarks, trade names, service marks,
or other intellectual property or proprietary information accessible
through the Platform. You agree to not remove, obscure or otherwise
alter any proprietary notices appearing on any content, including
copyright, trademark and other intellectual property notices.
the limited licenses granted in these Terms, no licence is granted to
you or any other party for the use of Serendipia’s intellectual
third-party trademarks, service marks or other intellectual property
displayed on through the Platform are used with the authorization of
the owner of the intellectual property, subject to their guidelines
for use. We cannot authorize you to use, reproduce or modify any
third party intellectual property used in the Platform, and are not
responsible for any loss or damage you may suffer or incur in
connection with your use of any third party intellectual property for
your own purpose.
use the Platform, you do so at your own and sole risk. The
Platform is provided on an "as is" and "as
available" basis. We expressly disclaim all warranties of any
kind, whether express or implied, including, without limitation,
implied warranties of merchantability, and fitness for a
particular purpose, title and non-infringement.
access or transmit any content through the use of the Platform,
you do so at your own discretion and your sole risk. You are
solely responsible for any loss or damage to you in connection
with such actions. We are not responsible for any incorrect or
inaccurate content in connection with the Platform, whether caused
by Users or by any of the programming associated with or utilized
in the Platform. We are not responsible for the conduct, whether
online or offline, of any User of the Platform. We assume no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or
alteration of, user communications.
We do not
Platform will meet your requirements;
to the Platform will be uninterrupted, timely, secure, or
quality or reliability of the Platform will meet your
information you provide or we collect will not be disclosed to
account on the Platform is accurate, up to date or authentic; or
parties will not use your confidential information in an
circumstances will we be responsible for any loss or damage,
including personal injury or death, resulting from anyone's use of
the Platform or any conduct or interactions between Users of the
Platform, whether online or offline.
OF LIABILITY AND RELEASE
that neither we nor our affiliates, officers, directors, employees,
agents and licensors will be liable for any damages whatsoever,
including direct, indirect, incidental, punative, special,
consequential or exemplary damages, in connection with, or otherwise
resulting from, any use of the Platform, even if we have been advised
of the possibility of such damages. We shall not be liable for any
damages, liability, or losses arising from, relating to, or connected
or inability to use the Platform;
of, unauthorized access to or alteration of your Account;
or inactions of other Users or any other third parties for any
other matter arising from, relating to or connected with the
Platform or these Terms.
We will not
be liable for any failure or delay in performing under these Terms
where such failure or delay is due to causes beyond our reasonable
control, including natural catastrophes, governmental acts or
omissions, laws or regulations, terrorism, labor strikes or
difficulties, communication system breakdowns, hardware or software
failures, transportation stoppages or slowdowns or the inability to
procure supplies or materials.
expressly disclaims any liability that may arise between Users
related to or arising from use of the Platform. You hereby release
and forever discharge Serendipia and its affiliates, officers,
directors, employees, agents and licensors from any and all claims,
demands, damages (actual or consequential) of every kind and nature,
whether known or unknown, contingent or liquidated, arising from or
related to any dispute or interactions with any other User, whether
online or in person, whether related to the use of the Platform or
acknowledge and agree that the disclaimers of warranties above and
these limitations of liability are an agreed upon allocation of risk
between you and us. You acknowledge and agree that if you did not
agree to these limitations of liability you would not be permitted to
access the Platform. You acknowledge and agree that such provisions
are reasonable and fair.
to defend, indemnify and hold us, and our subsidiaries, parents,
affiliates, and each of our and their directors, officers, managers,
partners, agents, other representatives, employees and customers
(each an “Indemnified Party” and collectively, the “Indemnified
Parties”), harmless from any claim, demand, action, damage, loss,
cost or expense, including without limitation, lawyers' fees and
costs, investigation costs and settlement expenses, incurred in
connection with any investigation, claim, action, suit or proceeding
of any kind brought against any Indemnified Party arising out of your
use of the Platform, any alleged or actual infringement of the
intellectual property rights of any party, any injury or damage to
property or person, any act by you in connection with any user of the
Platform or any other third party, or alleging facts or circumstances
that could constitute a breach by you of any provision of these Terms
and/or any of the representations and warranties set forth above.
fullest extent permitted by law, the sole remedy for any claim or
claims for damages arising out of or related to this Agreement shall
be limited to the amount of one hundred dollars ($100).
event a dispute arises out of or in connection with these Terms, the
parties shall attempt to resolve the dispute through friendly
dispute is not resolved within a reasonable period then any or all
outstanding issues shall be referred to arbitration under the
International Commercial Arbitration Rules of Procedure of the
British Columbia International Commercial Arbitration Centre (the
“BCICAC”). The appointing authority shall be the BCICAC and the
case shall be administered by the BCICAC in accordance with its
will remain in full force and effect while you use the Platform
and/or have an Account.
acknowledge and agree that we, in our sole discretion, may terminate
your access to the Platform for any reason, including, without
limitation, your breach of these Terms. You understand and agree that
we are not required, and may be prohibited, from disclosing to you
the reason for termination of your access to the Platform. You
acknowledge and agree that any termination of your access to the
Platform may be effected without prior notice, and acknowledge and
agree that we may immediately deactivate or delete your account and
bar any further access to the Platform. Further, you acknowledge and
agree that we will not be liable to you or any third party for any
costs or damages of any kind for or resulting from any termination of
your access to our Platform. Upon termination, your information may
be deleted or kept as necessary.
provide us with any feedback or suggestions regarding the Platform
(“Feedback”), you hereby assign to Serendipia all rights in such
Feedback and agree that Serendipia shall have the right to use and
fully exploit such Feedback and related information in any manner it
deems appropriate. We will treat any Feedback you provide to us as
non-confidential and non-proprietary. You agree that you will not
submit to us as Feedback any information or ideas that you consider
to be confidential or proprietary.
Agreement shall be governed by, and construed under, the laws of the
Province of British Columbia.
event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect its original
intentions and the remainder of the provisions shall remain in full
force and effect.
or delay by either party in exercising any right under this Agreement
shall constitute a waiver of that right.
If you have
any questions or concerns about these Terms, you may contact us at firstname.lastname@example.org