Terms and Conditions
Last Updated: August 22, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
This Site is operated by Pelican Community. We are a crowdsourced shipping platform that helps to define, create and connect a global community of friends and families who wishes to exchange goods regardless of cultural, geographic and social divisions. We refer to those who seek their items to be delivered as “Shippers”, those who help to carry such items across borders on international flights as “Air Couriers”, “Air Passengers”, or “Passengers”, and those who receive such items as “Receivers”. An individual can be both a Shipper and a Receiver at the same time such as when that individual ships their international online orders through our service.
Throughout the Site (www.PelicanCommunity.com), the terms “we”, “us” and “our” refer to Pelican Community. Pelican Community offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Throughout the site, the terms “Air Couriers”, refer to the air passengers who use our service to carry goods from Shippers.
All prices are represented and charged in Canadian Dollars (CAD).
SECTION 1 - Service Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - Products Or Services
Our Site and service can be used to facilitate the listing of air courier services and arranging of and payment for transportation of Shipments by couriers. If you wish to use our service as an Air Courier or Shipper, you must first register for our service.
Pelican Community makes available an online platform or marketplace with related technology for Air Couriers to their flight information including available luggage space and weight and Shippers to place shipment orders. Pelican Community staff or employees, or affiliates are neither the Shippers nor the Air Couriers.
Air Couriers and Shippers register for our service by providing us with personal information including but not limited to their full legal name, email address, and photos of two government-issued IDs for identity verification.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Air Courier Eligibility
Air Couriers are required to be at least the age of majority in the local jurisdictions or their departure and arrival airports. In some cases, Air Couriers may be required to upload a copy of their local government-issued driver’s license or passport in addition to the two government-issued IDs and the flight booking confirmation they provide.
Duty and Tax
Air Couriers are responsible for any customs clearance activity unless expressly told prior to accepting Shipment. Air Couriers shall be held responsible for any duty or tax fees whenever applicable from Customs and Border Agencies. However, Pelican Community fully reimburses such fees upon Air Couriers’ submission of the receipts from the respective Customs and Border Agencies.
As an Air Courier, you will receive applicable Delivery Fee per units of weight in your checked luggage and carry-on as listed on PelicanCommunity.com for the route you are servicing. Pelican Community will process all payments due to you through E-Transfers. Pelican Community reserves the right to withhold all or a portion of Delivery Fees if it believes that you have attempted to defraud or abuse Pelican Community or Pelican Community’s payment systems.
Please note that, as stated above, the Site and services are intended to be used to facilitate air couriers providing shipping services to shippers. Pelican community employs numerous measures to ensure all the contents contained in Shipments that are listed in the manifest provided by Shippers meet all legal and customs requirements at the destination country. Pelican community shall provide to air couriers a manifest including photos, descriptions and values of all contents in all shipments. Air couriers are encouraged to inspect all shipments prior to travel. Air couriers are not liable for the contents of all items contained on the manifest but will be liable for contents outside the manifest if any legal prosecutions were to arise.
Lost or Damaged Shipments
If the Shipment is found to have visible damage upon delivery to the Air Couriers’ place of residence in the source country, they must immediately inform Pelican Community before their flight. If they fail to report such damages before their flight time, Pelican Community holds the right to withhold their payment until we complete an investigation.
Shippers are required to be at least the age of majority in the local jurisdictions or their departure and arrival airports. In some cases, Shippers may be required to upload a copy of their local government-issued driver’s license or passport in addition to the two government-issued IDs they provide.
Duty and Tax
Shippers agree to explicitly inform Pelican Community if any of the items they are shipping is for commercial purposes. If any item shipped are charged duties and/or taxes by Customs and Border Agencies, it is the responsibility of the Shippers to pay such costs. If documentation, such as customs declaration, is required to enter the country with the item, the Shipper must provide all documentation as necessary.
As Shippers, you will be charged our international shipping fees per unit mass as listed on PelicanCommunity.com for the route you are servicing. Pelican Community will process all payments via any one of our supported payment options, which consists of WeChat Pay, Alipay, PayPal, and Interac e-Transfer. Pelican Community reserves the right to suspend or withdraw from servicing you if we believe that you have attempted to defraud or abuse Pelican Community or Pelican Community’s payment systems.
Pelican Community provides shipping insurance to cover up to $50.00 per shipment free of charge from the Shipper. Any shipment that requires insurance over $50.00 will be subjected to an additional fee. This fee shall be 5% of the Insured Declared Value (IDV). For example, if the IDV of a shipment is $1000.00, the shipment insurance fee to cover the entire shipment would be 5% multiplied by the (IDV minus $50.00). 5% x ($1000.00 – $50.00) = $47.50. Insurance only covers damage or loss while the shipment is in the possession of Pelican Community and Air Couriers. Pelican Community cannot be held responsible if an airline loses or damages the Shipment, or if Customs takes possession or destroys the shipment, or if any courier service other than Pelican Community loses or damages the Shipment. Pelican Community will not be responsible if there is consequential damage that results from the delay, damage or loss of a Shipment. If a Shipper has a valid claim with Proof of purchase, they will receive reimbursement from us.
An undeliverable shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following:
- The Receiver refuses to accept the shipment prior to, during or after delivery
- The Receiver’s delivery address cannot be located or is in a location not served by Pelican Community
- The Shipment fails to clear customs and/or contains prohibited items
- The Shipment contains prohibited items
Should a Shipment be classified as undeliverable or unidentifiable, we may attempt to notify the Shipper to arrange for the return of the Shipment at the cost of the Shipper. This includes any applicable duties or taxes. Pelican Community reserves the right, at its sole discretion, and without notice, to sell, destroy, or otherwise dispose of such Shipments. If such Shipments cannot be returned due to local regulatory constraints, they will be disposed of at our sole discretion and at any location. The Shipper will be responsible to pay any costs incurred by Pelican Community in such disposal.
Please note that, as stated above, the Site and services are intended to be used to facilitate air couriers providing shipping services to shippers. Shippers must provide to Pelican Community a manifest including photos, descriptions and values of all contents in all Shipments. Shippers are liable for the contents of all items shipped using our Service that are Prohibited if any legal prosecutions were to arise.
Prohibited Shipping Items
Shippers expressly agree not to use Pelican Community Platform to ship any item that is prohibited under the laws of Canada and/or its subdivisions, or of any international laws or laws of any local jurisdiction applicable to Air Couriers, goods, transit, origin or destination. It is the responsibility of both the Shipper and the Air Courier (and not Pelican Community) to refrain from requesting or bringing any item that is prohibited either by the jurisdiction of disembarkation, transit or embarkation. Prohibited items include, but are not limited to:
- Counterfeit goods
- Firearms, ammunition, explosives or chemicals
- Flammable materials including aerosols
- Human remains
- Illegal drugs or regulated drugs (prescription) in violation of law
- Live animals
- Pornography or obscene materials
- Stolen property
- Weapons including knives and batons
Pelican Community recommends that Shippers and Air Couriers consult their respective government agencies which regulate items that may and may not be brought into or out of a country of origin and destination such as lists maintained by the Canadian Air Transport Security Authority.
The following components comprises the total shipping fee subjected to the Shippers as agreed upon when they use our service:
(i) Air Courier Fee: The amount Air Passengers earn for carrying the shippers’ items in their luggage as they travel internationally by air to the Shipments’ destination country. These Air Passengers are only entitled to their earnings, in full, if and only if they complete a successful delivery of the Shippers’ items for which the metric of success is solely based upon the judgement of Pelican Community.
(ii) Service Fee: The amount charged by and retained by Pelican Community for the use of and maintenance of its shipping platform by Shippers and Air Couriers.
(iii) Visible Defect Check Fee: The amount charged when Shippers request their items to be inspected by the Air Couriers prior to their flight for any visible defects. By default, this add-on service nor its fee is applied.
(iv) Destination Domestic Courier Fee: The amount charged when Shippers request their Shipment(s) to be delivered via local courier services to their destination after the Air Couriers arrive with the Shippers’ shipment(s) at the destination country. By default, this add-on service nor its fee is applied.
(v) Tariffs and Customs: The amount charged by local Customs and Border Service agencies at the destination country, this amount may be charged at the time of the delivery request by the passenger or before handling the item to the receiver. If charged in advance, the tariffs/customs charged from the Shippers will be refunded either in full or partially to match the actual amount charged by local Customs and Border Service agencies.
(vi) Applicable Taxes: The amount charged by Pelican Community to satisfy provincial and federal sales tax in the regions of their operation.
SECTION 6 - Accuracy Of Billing And Personal Information
We reserve the right to refuse any shipping order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to abuse our Service.
You agree to provide current, complete and accurate information for all purchases made at our Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us as to your personal legal identity. You agree to promptly update your information, including your email address and credit card numbers and expiration dates by directly contacting us if necessary so that we can complete your transactions and contact you as needed.
SECTION 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - Third-party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party Sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - Personal Information
SECTION 11 - Errors, Inaccuracies And Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to shipping descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site, should be taken to indicate that all information in the Service or on any related Site has been modified or updated.
SECTION 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Site, other Sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Site, other Sites, or the Internet. We reserve the right to terminate your use of the Service or any related Site for violating any of the prohibited uses.
SECTION 13 - Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pelican Community, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - Indemnification
You agree to indemnify, defend and hold harmless Pelican Community and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site and service.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 55 St.George Street, Suite 620, Toronto, ON, M5S 1A4, Canada.
SECTION 19 - Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.