MuleIt

Terms of Service

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User Agreement/Terms of Service etc...

 

1. Introduction

This User Agreement sets out the terms on which MuleIt offers you access to and use of our Services. All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the terms of the User Agreement when accessing or using our Services. In this User Agreement, these entities are individually and collectively referred to as "MuleIt," "we," or "us." If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

2. About MuleIt

MuleIt is a marketplace message board that allows users to offer items to be picked up and delivered by other users as well as post trips that they will be making as a way to advertise for other users that need items moved. Users that move items are compensated based on the cost of fuel to do so and have their trip costs offset, while users that list items to be moved then acquire the items for a similar cost had they retrieved the item themselves, without spending the time to do so. The actual agreement for services is directly between the users involved. MuleIt is not a party to the transaction. Any guidance we provide as part of our Services, such as suggested valuations for services or payment and collection procedures is solely informational. MuleIt has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of users to dispatch items; the ability of users to complete accepted jobs; the ability of any user to pay for services or that any user will complete a transaction.

3. Using MuleIt

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

  • breach or circumvent any laws, regulations, third party rights or our systems, policies, or determinations of your account status;
  • list, or offer to provide transport for any illegal items or substances governed by the laws of the country, province or state where the item is picked up, transported through, or dropped off.
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications, or tools; or are a person with whom transactions are prohibited under economic or trade sanctions;
  • fail to pay for items delivered to you, or fail to complete deliveries for which you have agreed to provide service, manipulate the originally posted value of an item's delivery or attempt to modify or renegotiate an item's delivery value after a job has been accepted or agreed to in any form;
  • interfere with any other users' listings;
  • misrepresent any items in any way, post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems (see our Feedback policies);
  • transfer your MuleIt account or username to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm MuleIt or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of MuleIt;
  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to MuleIt. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, de-compiling, disassembling, or preparing derivative works from content that belongs to MuleIt or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
  • harvest or otherwise collect information about users without their consent;
  • circumvent any technical measures used to provide our Services;
  • attempt to provide service with a vehicle whose capacity type is not compatible with the capacity type, or does not meet special requirements stated in any listing.
  • attempt to provide any service with or pertaining to any vehicle(s) be they yours or another user's, unless and until all applicable licenses, insurance and other indemnities have been properly obtained.
  • use unoriginal content including but not limited to: stock photographs or content downloaded from the internet, to represent items or listings you post.
  • list, offer to or provide transportation or any form of ridesharing service to any individual, person, pet or animal through any of our Services or this site.

Users must meet MuleIt's performance standards. Failure to meet these standards may result in MuleIt limiting, restricting, or suspending your account(s). If we believe you are abusing MuleIt and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts and take technical and/or legal steps to prevent you from using our Services. We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to modify or discontinue our Services, or refuse or terminate all or part of our Services to anyone for any reason at our discretion. The name "MuleIt" and other MuleIt marks, logos, designs, and phrases that we use in connection with our Services are trademarks and service marks of MuleIt in Canada and other countries. They may not be used without the express written prior permission of MuleIt.

4. Policy Enforcement

When issues arise between users, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both users. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

5. Fees

Any fees we charge for certain types of user accounts may be changed at our discretion from time to time by posting the changes on our site 30 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

6. Listing Conditions
A. Items:

When listing an item for delivery on/with our Services, you agree to comply with Muleit's Listing policies and also agree that:

  • you assume full responsibility for the item offered and the accuracy and content of the listing and that the correct capacity type of your item is selected;
  • you are in complete and lawful ownership of any and/or all items listed under your account;
  • your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances);
  • your listings will automatically expire and be unsearchable once the listing's end date has been reached, unless you renew them;
  • we do not transfer any type of legal ownership of items from or to any users of this Service;
  • the content you provide complies with all of our listing policies, including the Images and Text policy;
  • content that violates any of Muleit's policies may be modified, obfuscated or deleted at Muleit's sole discretion;

We strive to create a marketplace where users will find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

  • traveler's location, search query, browsing site, and history;
  • item's location, listing format, shipping cost, terms of service, end time, history, and relevance to the user query;
  • user's history, Feedback, and number of listings matching the buyer's query;

To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer. metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.

B. Trips:

When listing a trip for consideration on our Services, you agree to Comply with Muleit's Rules and policies for listers and that:

  • you assume full responsibility for trip offered and the accuracy and content of the listing and that the correct capacity type of your vehicle is selected;
  • we do not transfer any type of legal ownership of items from or to any users of this Service;
  • the content you provide complies with all of our listing policies, including the Images and text policy;
  • content that violates any of Muleit's policies may be modified, obfuscated or deleted at Muleit's sole discretion;
  • we strive to create a marketplace where users will find what they are looking for;

Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

  • traveler's location, search query, browsing site, and history;
  • item's location, listing format, shipping cost, terms of service, end time, history, and relevance to the user query;
  • user's history, Feedback, and number of listings matching the buyer's query;

To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer. metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.

You are responsible for all content that you post.  We do not control, nor do we assume responsiblity for any such content or any such content posted by others.  We therefore reserve the right to moderate any activity on our site and may remove or edit any content for any or no reason, included but not limited to; content that in our sole discretion violates our terms of service.  We may remove or edit any such content without prior notification to the responsible user.
8. Accepting or Agreeing to Provide Service

You are responsible for reading the full item listing before making an offer to, or committing to provide service.  As a trip lister (or Mule) you are responsible for confirming that the capacity type of your vehicle and the insurance you have acquired are both compatible and appropriate for the cargo in the listing. As an item lister accepting an offer to provide service you are responsible for confirming that the capacity type of your item is both compatible and appropriate for the cargo in your listing. You enter into a legally binding contract to complete a trip once you agree to do so with another user, and that you will do so honestly and not abscond or cause any damage to your cargo.

9. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Some functionality is subject to delays beyond MuleIt's control. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, in no event will MuleIt (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or MuleIt was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: the content you provide (directly or indirectly) using the Services; your use of or your inability to use our Services; pricing, shipping, format, or other guidance provided by MuleIt; delays or disruptions in our Services; viruses or other malicious software obtained by accessing or linking to our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device(s) or loss of data that results from the use of our Services; the content, actions, or in-actions of third parties, including items listed using our Services or the destruction of allegedly fake items; a suspension or other action taken with respect to your account; the duration or manner in which your listings appear in search results as set forth in the Listing Conditions section above; or your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or any users of MuleIt or to any third party is limited to the the listed price of an item offered to be moved.

10. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (direct actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

11. Indemnity

Except as otherwise provided by applicable law, you will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

12. Legal Disputes

**PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MULEIT MAY HAVE AGAINST EACH OTHER ARE RESOLVED.**

In this Legal Disputes Section, the term "related third parties" includes your and MuleIt's respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, MuleIt's, and these entities' respective employees and agents. You and MuleIt agree that any claim or dispute at law or equity that has arisen, or may arise, between you and MuleIt (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of MuleIt or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the Province of BC, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and MuleIt, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and MuleIt each agree that any and all disputes or claims that have arisen, or may arise, between you and MuleIt (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of MuleIt or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The ICDR Canada, and to the extent not inconsistent with the ICDR, the laws of the Province of BC, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND MULEIT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND MULEIT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and MuleIt's right to appeal the court's decision. All other claims will be arbitrated. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. The arbitration will be administered by the Canadian Arbitration Association ("CAA") under its rules and procedures, including the CAA's Consumer Arbitration Rules and the CAA's Commercial Arbitration Rules, and the CAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the CAA shall decide which CAA rules apply to the arbitration. In the event that the CAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach the agreement, the court shall select the administrator. A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"). MuleIt will send any Notice to you to the physical address we have on file associated with your MuleIt account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account. If you and MuleIt are unable to resolve the claims described in a valid Notice within 30 days after MuleIt receives that Notice, you or MuleIt may initiate arbitration proceedings. The party initiating the arbitration must mail a copy of the completed form to the opposing party. In the event MuleIt initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your MuleIt account. Any settlement offer made by you or MuleIt shall not be disclosed to the arbitrator. Arbitration hearings shall be held in the Province of British Columbia. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or MuleIt may attend by telephone, unless the arbitrator requires otherwise. The language of the arbitration will be English. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same MuleIt user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all filing, administration and arbitrator fees will be governed by the CAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse MuleIt for all fees associated with the arbitration paid by MuleIt on your behalf that you otherwise would be obligated to pay under the CAA's rules. Severability If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. Future Amendments to the Agreement to Arbitrate Notwithstanding any provision in the User Agreement to the contrary, you and MuleIt agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against MuleIt prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and MuleIt. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.muleit.ca at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

C. Judicial Forum for Legal Disputes

All claims or disputes that are not subject to the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute and all matters brought pursuant to and in aid of the Agreement to Arbitrate will be resolved exclusively by a state or federal court located in the Province of BC, Canada. You and MuleIt agree to submit to the personal jurisdiction of the courts located within the Province of BC, Canada for the purpose of litigating all such claims, disputes, or matters.  

13. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on MuleIt.ca Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. We may amend this User Agreement at any time by posting the amended terms on Muleit.ca. Our right to amend this User Agreement from time to time also includes the right to modify, add to, or remove policies or terms of our Services, which form part of and are incorporated into this User Agreement. Those changes take effect on the date specified in the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. At our discretion, we may also ask you to acknowledge your acceptance of this User Agreement through an electronic click-through. If you do not agree to the amendments, you must stop using MuleIt and terminate this User Agreement by closing your MuleIt account.

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