TERMS AND CONDITIONS

1. Extent of this Agreement

    This Agreement sets forth the terms and conditions that apply to your access to, and use of, the Website located at BusterFetcher.com, or to any other web address that may be added to it or substituted for it (hereafter "BusterFetcher.com" or the "Site"). Service BF1 Canada Inc. is the Operator of the Site (hereafter the "Site Operator") and holds the rights of use and operation of the Site as well as the rights of use of the trademark BusterFetcher, in accordance with the license agreement with the owner of the Site.

    

2. Acceptance of the Terms

   By using the information, tools, software, properties and features, including the content, updates and new versions located on BusterFetcher.com (hereafter the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (meaning that you simply browse on the BusterFetcher.com website) or a "Member" (which means that you are registered on BusterFetcher.com). The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to the Site Operator. If you want to become a Member, communicate with other Members and/or use the Service, you must read this Agreement and indicate your acceptance during the registration process.

   You may not use the Service or accept this Agreement if you are under the legal age to contract. Membership will be denied if you are a competitor of the Operator, one of its subsidiaries or a company of the group involved. For the purposes of the Contract, a said " competitor " refers to any natural or legal person, company or group of persons, who either directly or indirectly offer, develop, distribute or possess any interest whatsoever, notably as a shareholder, administrator, director, employee, associate, consultant, sponsor, in a similar or identical service offered by the Operator, herein described in section 5 of the Contract.

   If you accept this Agreement, you confirm that you have the ability to be bound by it or that you are acting on behalf of a company or an entity that you have authority to bind to this Agreement. Before proceeding, you should print or save a local copy of this Agreement for your records.

3. Modification of this Agreement

    The Site Operator may modify the terms of this Agreement at any time by posting the modified terms on the Site and you agree to be bound by the terms that are in effect at the time you access the Site or use any of the Services after the publication of these changes. Changes may include, but are not limited to, changes to the Service and/or the Service Fee.

4. Privacy and Personal Information

   For more information about the Site Operator's data protection practices, please read the BusterFetcher.com Privacy and Security Policy, which is included on the Site. This policy explains how the Site Operator handles your personal information when you access BusterFetcher.com and use the Service. The policy may be updated from time to time at the discretion of the Site Operator. Changes will be effective when they are published on the Site.

5. Description of the Service

   The Service is a delivery cost optimization service that allows Members to automatically submit claims for reimbursement of fees (hereafter referred to as "Compensation for Late Delivery") for late deliveries or carrier errors in accordance with the carrier’s current policies related to a guarantee for on-time delivery, subject to agreements between carriers and Members, specifically including the right of a Member to receive Compensation for Late Delivery. Also included in the Service is the data analysis, statistics, or comparative report generated by the Site Operator allowing Members to optimize their shipping costs by themselves.

6. Fees

   With respect to the charges for the Service, BusterFetcher.com charges Members a percentage of the amount of the Compensation for Late Delivery approved by the carrier during the application process, as executed by the intermediary of the Service (herein and after referred to as “Fees”). BusterFetcher will charge a fee for products such as the Comparative Report and the Shipping Profile for a flat fee.

    The Member acknowledges that the Site Operator may, at its discretion, modify the Fees. The amount of fees charged for late deliveries, canceled labels, or billing errors is based on the amounts of the Compensation for Late Delivery approved by the carriers in the application process, as executed through the Service, and not on the amounts actually reimbursed by the carriers. The Site Operator is in no way liable i) if the carrier does not grant the Compensation for Late Delivery previously obtained through the Service, or ii) if the Compensation for Late Delivery is not properly directed, or iii) if the Compensation for Late Delivery is not the same as that previously approved when using the Service, or iv) if the carrier debits the Member's account, or the account which has received the Compensation for Late Delivery, for reimbursements which prove ineligible under any agreement between the carrier and the Member or its current policies, or v) for any other reason involving the carrier. The Site Operator is in no way responsible should the data from the Comparative Report and Shipping Profile differ from the Carrier’s own data and the Site Operator assumes no responsibility in negotiations with the Carrier.

    The Owner is in no way responsible for the relationship between carriers and Members or for any changes to the refund policies of the carriers involved. Each Member is deemed to be well aware of the agreements that it has entered into with its carriers and all policies related to a guarantee of on-time delivery by its carriers when using the Service. In doing so, the Member shall be liable to the Site Operator for any claim made to the Site Operator for Compensations for Late Delivery that the carrier deems ineligible.

    No request for reimbursement of Fees will be accepted by the Site Operator.

   Taxes applicable where required by law.

7. Payment

   Fees become due on the billing date. All payments are made in Canadian dollars for a Member established under Canadian law (including the laws of each Canadian state and territory) and in US dollars for a Member established under US or other law.

   Late payment. If the Member fails to make a payment in full when required, the Site Operator reserves the right to suspend the Service for that Member.

   Late Payment Fee. Interest of 1.5% per month, or 18% per annum, is applied on any balance due after 30 days of the billing date. All fees and expenses required for the services of a collection agency or a lawyer to recover late payments are the responsibility of the Member.

   Credit card transactions. The registration of a credit card in the Member's file automatically authorizes the Site Operator to charge the Service Fee directly to it. The Site Operator reserves the right to process the payment of due and overdue invoices by using any credit card registered in the Member's file, with the consent of the Member, in accordance with applicable legal requirements and other applicable payment rules by the financial institution issuing the credit card.

8. Account Information from Third Party sites

    With the Service, Members may request the Site Operator to retrieve their own information maintained online by carriers and third-party institutions with whom they have a customer relationship, maintain accounts, or carry out financial transactions (hereafter the "Account Information"). The Site Operator does not explicitly and implicitly verify or endorse the Account Information or its accessibility and assumes no responsibility for such Account Information, information or material posted on third party sites or products or services offered by third parties.

   The Site Operator cannot always envisage or anticipate technical or other difficulties that may result in the inability to obtain data or the loss of data, custom settings or other service interruptions. The Site Operator cannot assume responsibility for the speed, accuracy, deletion, non-delivery or inability to store the User's data, communications or custom settings. For example, when viewed through the Service, Account Information is as recent as the time the search was made. This information may be different from that obtained directly from the third-party sites concerned.

9. BusterFetcher Offers and Third-Party links

   The Site Operator may also, through the Service, advertise in relation to products or services of third parties (hereafter "BusterFetcher Offers").

   Parts of the Service are supported by sponsored links from advertising campaigns and display BusterFetcher Offers that can be customized for you based on information stored in the Service, queries made through the Service, or other information. We will always specify when a BusterFetcher Offer is sponsored.

   As part of the BusterFetcher Offers, the Service will provide links to other websites owned by the Site Operator's Advertisers and other third-parties. The Site Operator does not endorse or guarantee the products or services offered under BusterFetcher Offers (or any other product or third-party service advertised or linked to our site), whether or not the Site Operator is an agent or broker or responsible for the activities or policies of those websites. If the User decides to access these external sites, he does so at his own risk. The Site Operator expressly disclaims any liability in connection with BusterFetcher Offers.

10. Registration Information

     You agree and understand that you are responsible for maintaining the confidentiality of your password which, with your login ID and/or email address, allows you to access the Service. This login ID and password, combined with any phone number or other contact information that you provide, forms your "Registration Information".

     By providing us with your email address, you agree to receive all necessary notifications electronically via this email address. It is your responsibility to update or change this address, as appropriate. Notifications will be provided in HTML.

     If you have reason to believe that the security of your Registration Information has been compromised, you agree to immediately notify the Site Operator (at the following email address: support@BusterFetcher.com) and to change your password as soon as possible. The Site Operator reserves the right to cancel any registration if it is discovered that a password is used by more than one person or that it has been given to another person, whether this other person actually uses it or not.

11. Use of the Service

    Your right to access and use the Site and the Service is personal and is not transferable to any other person or entity. You are only entitled to access and use the Site for legal purposes. Any unauthorized access to Service under the present Contract, notably by a competitor, constitutes a violation of the present Contract and the Operator, its subsidiaries, as well as any company of the group involved can, in such a case, initiate due legal proceedings in order to respect its (their) rights and for compensation for any damage sustained by the said violation.

    Accurate records allow the Site Operator to provide you with the Service. You must provide true, accurate, current and complete information about your accounts stored on other websites, as requested in our forms. In order for the Service to work effectively, you must also keep your Registration Information current and accurate. If you do not do this, the accuracy and efficiency of the Service will be affected.

    Your access and use of the Site may be interrupted from time to time for various reasons without limitation, such as equipment malfunction, periodic updating, maintenance or repair of the Site or other actions that the Site Operator may choose to take.

    From time to time, the Site Operator may include new and/or upgraded beta tests, trials and preliminary features (hereafter the "Preview Features") used in the Service to enable you to provide your comments. You understand and agree that your use of the Preview Features is voluntary and that the Site Operator is not obligated to provide you with such Preview Features. In addition, if you choose to use the Preview Features, you agree to abide by the rules or restrictions set forth by the Site Operator. You understand that once you use the Preview Features, you may not be able to revert to the earlier version of the same or similar feature. Furthermore, if such a rollback is possible, you may not be able to recover or restore the data created in the Preview Features. Preview Features are provided "as is" and may contain errors that may result in failure, corruption, or loss of data and/or information from any connected device. You acknowledge and agree that any use of the Preview Features is at your own risk.

    You agree that the Site Operator will use your comments, suggestions or ideas in any way, including as part of future changes to the Service, other products or services, advertising materials or marketing. You grant the Site Operator a perpetual, worldwide, fully transferable or assignable, irrevocable, fully paid and royalty-free license to use any comments that you provide in any way. The Site Operator will not sell, publish, or share your comments in a manner that identifies you without your explicit permission.

12. Rights Granted

    You provide the Site Operator with information, data, passwords, usernames, PINs, other login information, materials and other content in order for the Site Operator to provide you with the Service. The Site Operator may use and store the content, but only to provide you with the Service. By submitting this content to the Site Operator, you represent that you have the right to submit it to the Site Operator for use for this purpose, without any obligation to pay any fees or other limitations.

    By using the Service, you expressly authorize the Site Operator to access your Account Information maintained by third-parties identified on your behalf as your agent. The Site Operator will submit information, including the usernames and passwords that you enter, to connect to the Site. You authorize and permit the Site Operator to use and store the information submitted to the Service (such as passwords and usernames) to accomplish the above and configure the Service in order that it is compatible with the third-party sites for which you submit your information, including through plug-in, browser plug-in, or otherwise.

    For the purposes of this Agreement and for the sole purpose of providing you with tracking and refund information in connection with the Service, you expressly grant the Site Operator a limited power of attorney and name the Site Operator as the agent, to access third-party sites, retrieve and use your information with the full power and authority to do so, and to do any act necessary to carry out the Service. The Site Operator may do all the acts that flow from these powers and that are necessary for the execution of the Service. YOU ACKNOWLEDGE AND AGREE THAT IN THE CASE OF ACCESSING AND RECOVERING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, THE SITE OPERATOR IS YOUR AGENT. The Site Operator may, in the execution of the Service, be assisted by another person and delegate powers to that end.

     You grant the Site Operator a license for the perpetual use of your trademarks (including your logos) in connection with any promotion and advertising of the Site and the Services. No right, title or interest in your trademarks is hereby transferred to the Site Operator, except for the right to use them in the manner set forth above.

13. Intellectual Property Rights of the Site Operator and Licensor

    The content of the Site, including its "interface and appearance" (text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html computer programs) and other materials are protected under copyright laws, trademarks and any other Quebec, Canadian and foreign laws. The use of the Site belongs to the Site Operator and the content of the Site belongs to its Licensor. All the rights of the Site Operator may be assigned or be licensed to a third party, at the sole discretion of the Licensor. The Site Operator grants you the right to view and use the Site subject to these conditions. You may download or print a copy of the information provided on BusterFetcher.com solely for your personal, internal and non-commercial use. Any distribution, reprint, or partial or complete electronic reproduction of any content of the Site for other purposes without our prior written consent is expressly prohibited.

14. Access and Interference

    You agree not to:

    - Use automated, spider, scraper, deep link or other tools, programs, algorithms or automatic methods of collecting or retrieving data to access, acquire, copy or monitor the Site or any part of the Site, without the prior written consent of the Site Operator, which may be refused at the sole discretion of the Site Operator;

    - Use or attempt to use any search engine, software, tool, agent or other device or mechanism (including without limitation: browsers, automatons, avatars or intelligent agents) to navigate or search the Site, other than search engines and agents available through the Service and other than the generally available third-party Web browsers (such as Internet Explorer, Microsoft Edge, Google Chrome);

    - Become a Member and use the Service in such as way as to compete or with a view to competing with the Operator, one of its subsidiaries or a company of the group involved;

    - Publish or transmit any file containing viruses, worms, Trojan horses or any other malware which prevents the proper functioning of the Site or the Service; and/or

    - Attempt to decrypt, decompile, disassemble, or reverse engineer any software that is included or is part of the Site or Service.

15. Social Media Sites

    The Site Operator may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among registered users. Any content that you post, such as images, information, opinions or any personal information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to these social media platforms to enquire about the terms of use, policies and other rights and obligations with respect to such content.

16. Disclaimer and Warranty

    THE CONTENT, ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE OR PROVIDED THROUGH THE SERVICE (WHETHER SPONSORED OR NOT) ARE PROVIDED TO YOU "AS IS", "SUBJECT TO AVAILABILITY" AND "SUBJECT TO THE CONDITIONS CURRENTLY IN EFFECT WITH YOUR CARRIER". THE SITE OPERATOR AND THE LICENSOR MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPLICIT OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR SERVICE. YOU EXPLICITLY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

    THE SITE OPERATOR AND ITS LICENSOR, THEIR PARTNERS, SUPPLIERS AND/OR AGENTS DENY ANY WARRANTY OR CONDITION, VERBAL OR WRITTEN, LEGAL, EXPLICIT OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR ADAPTABILITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, ABSENCE OF VIRUSES OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE THAT ARE LAWFUL OR OTHERWISE.

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE OPERATOR AND ITS LICENSOR, THEIR PARTNERS, SUPPLIERS AND/OR AGENTS MAKE NO REPRESENTATION AND GIVE NO GUARANTEE THAT THE SERVICE, THE ELEMENTS AND INFORMATION CONTAINED IN THIS SITE, INCLUDING WITHOUT LIMITATION, ANY SOFTWARE OR TOOL ACCESSIBLE ON OR THROUGH THIS SITE, WILL BE UNINTERRUPTED, FREE OF ERRORS, DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT ANY SUCH PROBLEMS THAT MAY BE DISCOVERED WILL BE CORRECTED. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSIONS OTHERWISE PROVIDED IN THIS CONTRACT. THE SITE OPERATOR AND ITS LICENSOR CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGE, BREAKAGE, LOSS OF GAIN OR OTHER FOLLOWING THE USE OF THE SERVICE INCLUDING THROUGH PLUG-IN, BROWSER PLUG-IN, OR OTHERWISE.

17. Alert Disclaimer

    You understand and agree that any alerts sent to you via the Service may be delayed or prevented by various factors. The Site Operator does their best to send timely alerts with accurate information. However, we do not guarantee the delivery or accuracy of the content of any alert. You also agree that the Site Operator is not responsible for delays, failure to deliver, or misdirected delivery of any alert, for any error in the content of an alert or for any action taken or not by you or a third-party as a result of an alert.

18. Limitations of the responsibilities of the Site Operator and its Licensor

    THE SITE OPERATOR AND ITS LICENSOR SHALL NOT BE IN ANY CASE ACCOUNTABLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BY CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, INCOME OR BUSINESS ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF THE SITE OPERATOR AND/OR ITS LICENSOR HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE LIABILITY OF THE SITE OPERATOR AND ITS LICENSOR TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED AT ALL TIMES TO CA$500.00.

19. End of the relationship with the Site Operator

    This Agreement will continue to apply until you or the Site Operator terminate it or as set out below. If you want to terminate your contract with the Site Operator, you can do so by closing your Service account.

    Please use the instructions below to close your account:

    Send an email to support@BusterFetcher.com and ask to close your account.

    Your account will be closed and your login will be immediately disabled. Your BusterFetcher.com account information will be deleted within 48 hours according to our privacy policy.

    Automatic account closure:

    Your account will be closed automatically and without notice in the event of any of the following situations:

    - If you have breached any provision of this Agreement (or if you have acted in a manner that clearly indicates that you do not intend or are unable to comply with the provisions of this Agreement); and/or

    - Should the Operator, at its sole discretion, deem that you or one of your agents, employees, consultants or any other one of your representatives is a competitor and that it is in their interest or in the interest of its subsidiaries, or companies of the group involved to revoke access to your account; and/or

    - If the Site Operator, in its sole discretion, believes that the law requires it to do so (for example, when the supply of the Service is or becomes illegal).

20. Transfer of rights

    In accordance with the license agreement between the Site Operator and its Licensor, the Site Operator has the right to assign his rights hereunder to any Person (this term means: a natural or legal person (being an established or human entity), a partnership, an association, a union, a business entity as well as any other legal entity of any kind and any grouping of persons, wherever located), provided that the assignee undertakes in writing to fulfill all the obligations of the Site Operator by virtue of this Agreement and that the Agreement is modified accordingly. You will be bound by this assignment of rights from the moment of publication.

    In the case of total assignment, the Site Operator is cleared ipso facto by debtor novation of its obligations arising from this Agreement from the effective date of this assignment of rights.

    The Member may not assign the rights of this Agreement without having obtained the prior written consent of the Site Operator.

21. Governing Law and Proceedings for Litigation

    THIS AGREEMENT IS GOVERNED BY THE LAWS IN FORCE IN THE PROVINCE OF QUEBEC, NOTWITHSTANDING THE PLACE OF SIGNATURE OR ACCEPTANCE THEREOF AND IS SUBJECT EXCLUSIVELY TO THE JURISDICTION OF THE COURTS OF THE DISTRICT OF QUEBEC. You understand that, in consideration of the acceptance of this provision, the Site Operator is able to offer the Service in the manner specified therein and that your consent to this provision is an essential consideration of this Agreement.

22. Various Situations

    In the event that any provision of this Agreement is declared void and unenforceable by a court having jurisdiction, such provision shall not affect the validity or enforceability of any other provision of this Agreement.

    You agree that if the Site Operator and/or its Licensor does not exercise or enforce any right or remedy provided by this Agreement (or of which the Site Operator and/or its Licensor benefits under any applicable law), this will not be considered an official waiver of their rights and that their rights or remedies will still be available. All commitments, agreements, representations and warranties made in this Agreement will survive your acceptance of this Agreement and the termination of this Agreement.

    This Agreement represents all agreements reached between You and the Site Operator with respect to the subject matter of the Agreement and supersedes all other prior agreements. This Agreement is binding upon the Parties including any successor entity and their Legal Representatives, as well as their successors, heirs and beneficiaries.

Privacy and Security Policy

Definitions

"Member": Anyone registered on the Site.

"Site Operator": Service BF1 Canada Inc.

"Site": Website located at BusterFetcher.com or any other address that may be added or substituted.

Scope

 The Site Operator, its representatives, agents, affiliates and any person having a contractual relationship as a service provider, undertake to protect and keep confidential all private, personal or business information belonging to Members. This confidentiality policy will outline the Site Operator’s practices regarding the collection, protection and use of your personal and confidential information, for anything from a simple visit to the Site through to registration to the Butcherfetcher.com services.

Information collected

 Non-personal or automatic information: When you access the Site, certain data will be automatically exchanged between your computer and our Site. This is so-called non-personal information. We are talking here about the domain name of your internet service provider, your IP address, the type of browser, the date and time of the visit and the pages you look at. This information is necessary for statistical purposes to calculate the number of visitors, the most visited pages, the different technologies used by visitors, the countries of visitors and reference sites. This information will not be used for the purpose of discovering personal information about our visitors. It is only collected for practical purposes and to improve our Site to better meet the different needs and preferences of our visitors and Members.

 Personal Information: When you register on our Site to gain access to our services, it will be necessary for us to collect personal information about you so that we can create your account and to facilitate interactions between you and all stakeholders of the Site. By personal information, we refer to, amongst other things, your name, personal or business email address, your carrier account number, your credit card number and billing information and any other information essential for us to provide you with the desired service, to make it as easy as possible and to personalize it for a satisfactory customer experience.

 Access to your company's information: In order for the Site Operator to properly track the orders that you send and to make the appropriate refund requests, it is necessary to have access to your e-commerce platform or the system that manages and sends your orders. To do this, the Site Operator will not collect or use any personal information about your customers, your current or future orders, your list of customers, list of past orders, etc. The only information that will be automatically collected, once authorized, are the order numbers, tracking numbers or order tracking, postal code, city and country of the late package. In no case will information other than that listed above be collected, used or analyzed. It will also be possible for the Member to manually enter this information to facilitate the transmission of data and thus preserve the confidentiality of the information.

How we use your information

Any information that you transmit to us during your registration allows us to provide you with the requested services, keep you informed of all new features of the Site, updates and information that you have requested of us or that are necessary for the proper functioning of your account. It also enables us to ensure an adequate and effective relationship between you and our technical support team in order to improve our services related to your account. As mentioned above, all the information that will be collected will also enable us to improve our customer experience, navigation on our Site as well as its content, and also ensure that the features associated with an account are actually adapted for our customers.

 Your information obtained through the use of the services (such as number of packages sent, number of claims for reimbursement, amount approved for reimbursement and number of rejected claims) may be periodically disclosed in the form of a report to our agents and affiliates as part of a contractual relationship with them. Relationships with our agents and affiliates are also governed by confidentiality agreements. For any additional questions about the information provided to our agents and affiliates, do not hesitate to contact us.

Modification to this policy

 The Site Operator may update this policy without notice. It is therefore recommended to consult it from time-to-time to be aware of any changes that may be made.

Disclosure of your information to third parties

 Non-personal or automatic information: When you access the Site, certain data will be automatically exchanged between your computer and our Site. This is so-called non-personal information. We are talking here about the domain name of your internet service provider, your IP address, the type of browser, the date and time of the visit and the pages you look at. This information is necessary for statistical purposes to calculate the number of visitors, the most visited pages, the different technologies used by visitors, the countries of visitors and reference sites. This information will not be used for the purpose of discovering personal information about our visitors. It is only collected for practical purposes and to improve our Site to better meet the different needs and preferences of our visitors and Members.

Removing data

 Following your registration to our Site, as mentioned above, we will collect personal information for the sole purpose of properly operating your account and giving you the best possible customer experience. No unnecessary information will be collected or used. It consists only of the essentials as described more fully in previous sections. At any time, you may access your personal information and also request that we remove it from our databases and cease sharing it with our agents and affiliates. If you decide to access your data, you can also request that corrections or changes be made to it. Any such request will be as simple as registration to the Site. All you have to do is send a written request, by email, to the following address: info@busterfetcher.com, requesting access to or removal of your data. Your request will be processed as soon as possible.

Cookies

When you browse this site, cookies are not activated by default. However, a banner will appear asking for your consent to use cookies. Cookies are small files that help us understand the behavior of users and visitors to the Site. They also enable us to determine which parts of the Site are most frequently accessed. By utilizing cookies, we aim to enhance marketing content, web searches, and the overall browsing experience on our Site. Cookies are stored locally on your computer or phone. It's important to note that our website can still be accessed without enabling cookies. Nevertheless, if you opt to disable cookies, some features or sections of our Site might not function as intended. When you grant permission for cookie usage, we automatically gather information, like most websites, and save it in log files. This collected data closely aligns with the non-personal information referenced earlier. It aids us in analyzing visitor trends, managing the Site, and gathering demographic insights about our user base. We use three (3) types of cookies: Essential Cookies: These facilitate the smooth operation of our Site, enabling all features and ensuring a hassle-free browsing experience. Performance Cookies: Aimed at optimizing our Site and streamlining navigation, these cookies don't collect identifiable information. All information gathered is non-personal and anonymous. Functionality Cookies: These remember your in-session choices, like geographic location, which helps the Site cater to your language preferences. Importantly, such cookies don't track you or monitor your activities outside our Site. If you wish to manage your cookie preferences, adjust your web browser's settings accordingly. Refer to the links below for guidance on handling cookie settings in popular browsers: Internet Explorer, Chrome, Firefox, Safari

Protection of personal information

The Site Operator, its representatives, agents, affiliates and any other person with a contractual relationship as a service provider with us, agree to protect your personal information as if it were their own, especially against theft and misuse, as well as against unauthorized access, disclosure or use. Despite the fact that all possible means and efforts have been taken to protect your data by the Site Operator, its representatives, agents, affiliates and any person with a contractual relationship with the Site Operator, their responsibilities cannot be held in case of loss or theft of data resulting from a force majeure or hacking beyond the expertise of the Site Operator. For any additional questions about the technologies used, do not hesitate to contact us.

Required disclosure

 In cases required by law or in the course of a formal investigation under a law of Quebec, Canada or the United States, the Site Operator will inform and disclose any information that we deem necessary for the proper functioning of the investigation, litigation or in accordance with legislative provisions. If these events occur, the Site Operator undertakes to communicate directly and as soon as possible with the owners of the information to inform them of the extent of disclosure, the need for disclosure and also the authority to whom the information has been transmitted.

Minimum age

 By browsing, registering or using our Site, you confirm that you are the legal age of maturity in the province or state where you reside and, by the same token, you agree that your children or dependents also use our Site under your supervision or with full knowledge of applicable restrictions and obligations.

23. Applicable Terms for Members of a Purolator or Buster Fetcher Association

Each Member recognizes that they are grouped with other Members in order to form a group (hereinafter the "Association" ) so as to benefit from preferential discount with the Purolator courier. By forming this group, each Member of the Association appoints the Operator as the exclusive authorized representative of the Association. Each Member of the Association therefore allows and authorizes the Operator to undertake all acts, take all steps and sign all documents on behalf of the Association related to claims, negotiations, complaints and requests concerning the Services of the Operator and Purolator.

Each Member of the Association recognizes that the Operator has signed a rates and services contract with Purolator on behalf of the Association (hereinafter the : Services Pricing Agreement"). Each Member recognizes and consents to the copied terms of the following Services Pricing Agreement:

" As a Member, I acknowledge and/or agree as follows:

1. A Services Pricing Agreement with Purolator Inc. has been negotiated on my behalf which reflects certain preferential discounts for courier and/or other transportation services.

2. By tendering a shipment to Purolator, I am agreeing to Purolator’s Terms and Conditions of Service available at www.purolator.com.

3. By tendering a shipment to Purolator under the benefit of the Services Pricing Agreement, I am responsible for making payment of all invoiced amounts within fourteen (14) calendar days from the date of the invoice, unless I have pre-paid for the shipment.

4. This Member Agreement may be mterminated by either Purolator or Member: (a) for breach immediately upon written notice to the breaching party; or (b) for convenience by providing thirty (30) calendar days’ written notice to the other party.

5. This Member Agreement shall remain in effect until the earlier of: (a) the expiry or termination of the Services Pricing Agreement; and (b) the termination of this Member Agreement in accordance with Section 4.

6. In the event I continue shipping with Purolator after the termination of the Services Pricing Agreement and/or Member Agreement, shipping charges will be based on Purolator’s published list rates as found at www.purolator.com.

7. At the request of Purolator, I will execute and deliver such agreements, documents and instruments, and take such other further action as may be required to accomplish the purpose of this Member Agreement, as mutually agreed to between Purolator and Member."

Each Member of the Association recognizes that the Operator acts as an intermediary between the Association and Purolator. Consequently, each Member recognizes that the rates proposed by Purolator, on the date of signature of the Services Pricing Agreement, are subject to discretionary changes by Purolator and that the Operator can not be held responsible for the said changes.

In return for membership to the Association and the Buster Fetcher Shipping Club, each Member must pay, upon reception of invoice to this effect, a fixed amount of $1.00 per package shipped by Purolator. If a Member has defaulted on payment of the aforementioned fixed costs and does not take remedial action within seven days following reception of written notification from the Operator advising them of the default, the Member is liable to lose their status as Member of the Association and of the Buster Fetcher Shipping Club at the sole discretion of the Operator. Having defaulted and thus lost their status, the Member will no longer be entitled to receiving preferential rates reserved for Members of the Association and of the Buster Fetcher Shipping Club, and consequently general shipping costs will be applied to them.

In the event of a confidentiality incident involving personal information, designated person in charge of the protection of personal information is: Mathieu Lessard (CEO), 1205 Rue des Chataigniers Québec, QC G3G 3C4 Canada