Topping Courier
Legal

Terms of Service

These Terms of Service ("Terms") are an agreement between you and Topping Courier Inc. ("Topping", "we", "us"), 75 King William Crescent, Richmond Hill, Ontario L4B 0C1, for courier services booked on our website, through our API or integrations, by phone or by email.

By booking a delivery, creating an account or using our services, you agree to these Terms. If you book for a business, you confirm that you can bind that business to these Terms. Please read them carefully. A copy is always available at this address, and we email a link with every booking confirmation.

1. Our services

1.1 We pick up items ("Shipments") at the address you give us and deliver them to the drop-off address(es) you give us, at the speed you choose:

  • Rush: picked up and driven directly to one drop-off within the time shown when you book.
  • Same-day: delivered the same business day when booked before the cutoff shown when you book.
  • Next-day: delivered the next business day when booked before the cutoff shown when you book.
  • Scheduled: delivered on the business day and within the window you choose.

1.2 The pickup and delivery times shown when you book ("the promise") are our commitment for normal conditions. They depend on accurate addresses, the Shipment being ready at pickup, and access to the pickup and drop-off locations. See section 9 for delays outside our control.

1.3 We deliver on business days (Monday to Friday, except Ontario statutory holidays and any other closed days we announce on our website), unless we agree otherwise in writing.

1.4 We may use independent contractor drivers. We remain responsible to you for the services as set out in these Terms.

2. Booking and your information

2.1 You must give us complete and accurate information: addresses, contact names and phone numbers, how many packages of each size go to each address, and any special instructions. Each size has a size limit and a weight limit, shown when you book; a package heavier than its size allows counts as the next size up. Prices and promises are based on this information.

2.2 We never change the price of a booking without your consent. If the information you gave is wrong or incomplete (for example, a package is bigger or heavier than its size allows, or there are more packages than booked), we may ask you, before pickup, to correct the booking: we show you the corrected price first, and change the booking only if you agree. If you don't agree, or we can't reach you, we carry the Shipment at the booked price. If, because of that, a Shipment can't be carried safely or legally in the vehicle sent, we may refuse it, and section 6.2 then applies as a cancellation after dispatch.

2.3 You must have the right to send the Shipment and to give us the recipient's contact information, and the recipient must be expecting it. We use the recipient's information only to complete and update them on the delivery, as described in our Privacy Policy.

3. What you can send

3.1 Shipments must be properly packed for normal handling in a vehicle, sealed, and labelled where appropriate.

3.2 You must not send items on our Prohibited and Restricted Items list, including dangerous goods regulated by the Transportation of Dangerous Goods Act, 1992, illegal items, cash and negotiable instruments, or live animals.

3.3 We may refuse, hold or return any Shipment we reasonably believe breaks these Terms or the law, or could harm people, vehicles or other Shipments. If you send a prohibited item, you are responsible for any resulting costs, fines and damage.

3.4 Each package size has a size limit and a weight limit, shown when you book. A package heavier than its size allows counts as the next size up. Packages heavier or larger than the largest size, and some large orders and long trips, get a quote from us instead of an instant price, as shown when you book.

4. Prices, extras and taxes

4.1 Prices are fixed before you book. For each address, the price depends on the speed, the largest package, the number of other packages, and the distance zone (City, GTA, or GTA plus a charge per km beyond it), measured as the driving distance from the pickup. Options you choose, such as a delivery window or extra coverage, and discounts are added. Before you book, we show you the full price, each extra, every discount and the taxes. That is the price you pay: the only charges that can be added later are those in section 4.3, and only when they happen.

4.2 Prices are in Canadian dollars. HST (13% in Ontario) is added to the total.

4.3 The following charges apply only when they happen, at the rates shown on our website and in your price breakdown at the time of booking:

  • Waiting time: when the courier waits at a pickup or drop-off beyond the free waiting minutes.
  • Return trip: when the courier brings something back to the pickup.
  • Another delivery attempt: when a delivery fails for a reason that isn't our fault (for example, nobody is there to receive it or the address is wrong), another attempt is charged as a percentage of the original delivery price.
  • Return to sender: when a Shipment can't be delivered and must be brought back, charged as a percentage of the original delivery price.

We don't add charges for a package's size, weight or number after you book, except with your consent under section 2.2.

4.4 Discounts (multi-drop, volume, welcome offer and promo codes) apply as shown at booking. Only one promo code can be used per order, and a promo code can't be combined with the welcome offer. Discounts have no cash value.

5. Payment

5.1 You can pay by credit or debit card when you book. Card payments are processed by our payment provider, Stripe; we never see or store your full card number.

5.2 Business accounts approved for invoicing can add deliveries to an invoice. Invoices are issued on the account's billing cycle and are due within the number of days shown on the invoice (15 days unless agreed otherwise in writing).

5.3 Overdue invoice amounts bear interest at 1.5% per month (19.56% per year), calculated monthly, from the due date until paid. We may suspend invoicing and require payment at booking for accounts with overdue amounts.

5.4 Where we offer it, pre-authorized debit is governed by the pre-authorized debit agreement you sign, under Payments Canada rules.

5.5 If we can't collect payment, we may suspend your account, use a collection agency and recover reasonable collection costs where the law allows.

6. Cancellations and changes

6.1 You can cancel free of charge before a courier is assigned to your delivery.

6.2 After a courier has been dispatched, a cancellation fee applies: a fixed fee for most deliveries, and a percentage of the price for Rush, as shown on our website at the time of booking. If the Shipment has already been picked up, the delivery is charged in full and we return the Shipment to the pickup address (return charges apply).

6.3 To change an address or time after booking, contact us. If a change affects the price or the promise, we tell you the new price and promise first, and make the change only if you agree.

6.4 If you paid by card and cancel, we refund the amount paid minus any cancellation fee to the same card. Refunds usually appear within 5 to 10 business days, depending on your bank.

7. Pickup and delivery

7.1 The Shipment must be ready at the pickup time. If it isn't ready, waiting time may apply, and after a reasonable wait the courier may leave; the cancellation fee then applies.

7.2 We deliver to the drop-off address. We may leave the Shipment with the recipient, a person at the address who agrees to accept it, a reception or concierge desk, or, if you or the recipient asked us to, in a safe place at the address. A delivery made this way is complete.

7.3 We take a photo at delivery. For documents and for deliveries from business accounts, and whenever you request it, we ask for a signature. Proof of delivery is available on the tracking page and in your account.

7.4 If we can't deliver, we record why, take a photo, and contact you to arrange another attempt or the return of the Shipment (section 4.3 charges apply).

7.5 If a Shipment can't be delivered or returned and you don't give us instructions within 30 days after we contact you, we may dispose of it as the law allows, at your cost.

8. Loss, damage and claims

8.1 Included coverage. Our liability for loss of or damage to a Shipment is limited to $100 per delivery, unless you declare a higher value when booking and pay the extra coverage charge.

8.2 Declared value. You can declare a higher value, up to the maximum shown when you book, by paying the extra coverage charge shown at booking. Our liability is then limited to the lower of the declared value and the Shipment's actual value (its replacement or repair cost, without profit).

8.3 What we don't cover. We are not liable for: loss or damage caused by improper packing; prohibited items; normal wear of packaging; delays (except a refund of the delivery charge under section 8.6); indirect, consequential or special losses such as lost profits, lost business or missed deadlines; or loss after delivery under section 7.2.

8.4 How to claim. Tell us about visible damage within 2 business days after delivery, and about a missing Shipment within 7 days after the promised delivery time. Then send a written claim with proof of value (an invoice or receipt) and photos within 30 days. Our Claims and Liability Policy explains the process.

8.5 Keep the damaged item and its packaging until the claim is settled; we may need to inspect them.

8.6 Late deliveries. If we deliver late for reasons within our control, contact us within 7 days and we will refund the delivery charge for that delivery (not including extras or coverage charges). This is your only remedy for delay.

8.7 Nothing in these Terms limits liability that can't be limited by law, including for our gross negligence or wilful misconduct. Where the uniform conditions of carriage under Ontario's Highway Traffic Act regulations apply to a Shipment, they apply to the extent required by law.

9. Delays outside our control

We are not responsible for delays or failures caused by events outside our reasonable control, such as severe weather, road closures, accidents, police activity, strikes, utility failures, epidemics, or the acts of authorities. We will tell you as soon as we reasonably can and do our best to complete the delivery.

10. Accounts

10.1 Keep your login details secret and tell us right away if you think someone else used your account. You are responsible for bookings made with your account, including by people you invite to it.

10.2 Business account administrators decide who can book, view and manage billing. Each user must have their own login.

10.3 We may suspend or close an account that breaks these Terms, doesn't pay, or is used fraudulently. You can close your account at any time by contacting us; amounts owed remain payable.

11. Messages we send

We send messages needed to provide the service: booking confirmations, receipts, tracking updates, proof of delivery, and invoices. Recipients receive delivery updates by text message (and email, if you provide one). Anyone can stop text messages by replying STOP. We send marketing messages only with consent, as required by Canada's anti-spam law, and every marketing message has an unsubscribe option.

12. Your content and our platform

12.1 You keep ownership of the information you give us. You allow us to use it to provide and improve our services, as described in our Privacy Policy.

12.2 Our website, apps, API and content belong to Topping Courier Inc. You may not copy them, use them to build a competing service, or interfere with their operation. Use of our API is also subject to our API Terms of Use.

13. Consumers

If you are a consumer under Ontario's Consumer Protection Act, 2002, you have the rights that Act gives you, and nothing in these Terms takes them away. Where these Terms conflict with that Act, the Act applies.

14. Changes to these Terms

We may update these Terms. We will post the new version on this page with its effective date. Changes don't apply to deliveries booked before the effective date. For business accounts with invoicing, we will give at least 30 days' notice of changes that increase prices or reduce our obligations.

15. Governing law and disputes

These Terms are governed by the laws of Ontario and the federal laws of Canada that apply there. If there is a problem, please contact us first: most issues are solved quickly. If we can't resolve it, the courts of Ontario have jurisdiction, except where consumer protection law gives you the right to go to another court.

16. Contact us

Topping Courier Inc.
75 King William Crescent, Richmond Hill, Ontario L4B 0C1
Phone: +1 905 975 6362
Email: info@toppingcourier.ca

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