Terms & Conditions
The Maker’s Hub Incorporated
THESE CUSTOMER TERMS AND CONDITIONS (“CONDITIONS”) CONSTITUTE AN AGREEMENT BETWEEN THE CUSTOMER AND THE MAKER’S HUB INCORPORATED (SERVICE PROVIDER) (AS THOSE TERMS OF SERVICE ARE DEFINED BELOW). BY ELECTRONICALLY INDICATING ACCEPTANCE OF THESE CONDITIONS, OR BY USING THE SERVICE, THE CUSTOMER AGREES TO BE BOUND BY THESE CONDITIONS AS THE AGREEMENT GOVERNING CUSTOMER’S USE OF THE SERVICE. IF CUSTOMER DOES NOT WISH TO ACCEPT THESE CONDITIONS, CUSTOMER SHALL NOT USE THE SERVICE.
In these CONDITIONS:-
“The Customer” means the homemaker that delivers a Package(s), which may include any of the national (UPS, FedEx, Canada Post, DHL, etc.) regional, or local delivery services, to “The Maker’s Hub Incorporated” retail location.
“The Pickup” means the person or company that uses “The Maker’s Hub Incorporated” to pick up a Package(s)
“Email Notification” means an electronic communication between “The Maker’s Hub Incorporated” and the “Customer” and/or the “Pickup”
‘“The Maker’s Hub Incorporated” means the retail location where “The Customer” delivers the “Package(s)” for pick up.
“Package(s)” means goods contained in one or more parcels, packages or containers sent or delivered by “The Customer” properly using the “Service”.
“Service” means the Package(s) pick up service provided by “The Maker’s Hub Incorporated” pursuant to these Conditions.
“Website” means the “The Maker’s Hub Incorporated” website, “www.themaker’shub.ca”.
THE MAKER’S HUB INCORPORATED operates the THEMAKER’SHUB.CA website (“WEBSITE”) and SERVICE that allows the CUSTOMER to deliver a PACKAGE(S) to THE MAKER’S HUB INCORPORATED for storage and convenient pick up by the PICKUP.
When THE MAKER’S HUB INCORPORATED receives a PACKAGE(S) from the CUSTOMER:
THE MAKER’S HUB INCORPORATED shall enter the PACKAGE(S) into inventory;
THE MAKER’S HUB INCORPORATED shall send PICKUP an EMAIL NOTIFICATION that the PACKAGE(S) is ready for pick up, and, an EMAIL NOTIFICATION will be sent to the CUSTOMER detailing the PACKAGE drop-off;
THE MAKER’S HUB INCORPORATED shall hold the PACKAGE(S) for thirty (30) days from dispatch of the EMAIL NOTIFICATION; and
If PICKUP arrives for the PACKAGE(S) within such thirty (30) day period and accepts THE MAKER’S HUB INCORPORATED’s liability waiver, THE MAKER’S HUB INCORPORATED submits the PACKAGE(S) to the PICKUP and sends an EMAIL NOTIFICATION to the CUSTOMER notifying them the transaction is complete.
UNDELIVERED OR UNCLAIMED PACKAGE
If PICKUP fails to pick up any PACKAGE(S) from THE MAKER’S HUB INCORPORATED within thirty (30) days after the delivery of EMAIL NOTIFICATION to PICKUP, then THE MAKER’S HUB INCORPORATED will send CUSTOMER an EMAIL NOTIFICATION giving them the following choices:
THE MAKER’S HUB INCORPORATED will hold the PACKAGE(S) for an additional thirty (30) days, charging the CUSTOMER for a single pick up fee or, subtract one (1) pick-up should the CUSTOMER be signed to a multi-pickup contract;
CUSTOMER will be obligated to pick up the PACKAGE(S).
THE MAKER’S HUB INCORPORATED has no obligation to hold any unclaimed PACKAGE(S) beyond thirty (30) days after EMAIL NOTIFICATION and is not obligated to deliver the PACKAGE(S) to the CUSTOMER or the PICKUP. THE MAKER’S HUB INCORPORATED is not responsible for any PACKAGE(S) not received by PICKUP due to:
any act or omission of the PICKUP;
any act or omission of the CUSTOMER, including failure to deliver the PACKAGE(S) to THE MAKER’S HUB INCORPORATED.
PARTIES AND SUB-CONTRACTING
CUSTOMER warrants that he or she either is the owner of the goods in any PACKAGE(S) or is authorized by such owner to accept these Conditions on such owner’s behalf.
Nothing in these Conditions shall oblige THE MAKER’S HUB INCORPORATED to accept PACKAGE(S) which contain or constitute:
substances which are classified as dangerous for transportation nationally or internationally under the United Nations Dangerous Goods Code;
radioactive material or other substances presenting a similar hazard;
any living creatures;
and property the carriage of which is prohibited by any law, regulation or statute of any federal, provincial or local government. THE CUSTOMER IS SOLELY RESPONSIBLE FOR, AND ASSUMES ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PACKAGE(S) THE CUSTOMER DELIVERS TO THE MAKER’S HUB INCORPORATED. THE CUSTOMER IS ALSO SOLELY RESPONSIBLE FOR ANY FOOD ALLERGIES THE PICKUP OR ANY OF THEIR ASSOCIATES, MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING OR PREPARING SUCH PRODUCTS. FURTHER, THE CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE MAKER’S HUB INCORPORATED MAY STORE PACKAGE(S) CONTAINING ALL EIGHT (8) MAJOR ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PACKAGE(S). If THE MAKER’S HUB INCORPORATED, in its sole discretion, suspects any PACKAGE(S) may: (i) spoil, leak or be dangerous; (ii) cause damage to THE MAKER’S HUB INCORPORATED or harm any of THE MAKER’S HUB INCORPORATED personnel; (iii) create an unsafe environment for operation of THE MAKER’S HUB INCORPORATED’s business; or (iv) violate any law or regulation, THE MAKER’S HUB INCORPORATED reserves the right to open and inspect such PACKAGE(S) and consequently return the PACKAGE(S) to CUSTOMER.
THE MAKER’S HUB INCORPORATED’S FEES
The fees for the SERVICE are set forth by the THE MAKER’S HUB INCORPORATED and can be viewed on the WEBSITE. THE MAKER’S HUB INCORPORATED may change its fees at any time by posting its revised fees on the WEBSITE; any such change will take effect immediately. If any fee is payable for CUSTOMER’s use of the SERVICE, the following condition applies:
CUSTOMER shall pay all applicable fees for the SERVICE to THE MAKER’S HUB INCORPORATED at THE MAKER’S HUB INCORPORATED’s WEBSITE.
THE MAKER’S HUB INCORPORATED shall maintain records of service provided to CUSTOMER for a six (6) month period, and may, in its sole discretion, dispose of such records thereafter.
The SERVICE may not be used for delivery of PACKAGE(S) that require handling by special or unusual equipment or procedures, and CUSTOMER agrees that THE MAKER’S HUB INCORPORATED is entitled to assume that any PACKAGE(S) requires only regular handling and care. Unless THE MAKER’S HUB INCORPORATED has agreed in writing to the contrary with CUSTOMER:
THE MAKER’S HUB INCORPORATED shall be under no obligation to provide any special handling, or any equipment, plant, power or labour as may be required for loading or unloading the PACKAGE(S);
THE MAKER’S HUB INCORPORATED shall be under no obligation to allow CUSTOMER the use of any special appliances when CUSTOMER delivers the PACKAGE(S);
THE MAKER’S HUB INCORPORATED shall be under no obligation to provide CUSTOMER with assistance with carrying PACKAGE(S).
THE MAKER’S HUB INCORPORATED shall not be under liability whatsoever to CUSTOMER for any damage howsoever caused if THE MAKER’S HUB INCORPORATED is instructed by CUSTOMER to load or unload goods.
THE MAKER’S HUB INCORPORATED shall not be under liability whatsoever to CUSTOMER for any damage howsoever caused immediately following PICKUP’s acceptance of THE MAKER’S HUB INCORPORATED’s Terms and Conditions.
CUSTOMER shall indemnify THE MAKER’S HUB INCORPORATED against all claims and demands whatsoever which are made in connection with any instructions referred to in this Section.
LIABILITY FOR LOSS AND DAMAGE TO PACKAGE; LIMITATION OF LIABILITY
THE MAKER’S HUB INCORPORATED shall not be liable for loss of or damage to any PACKAGE(S) described in this Agreement.
IN NO EVENT SHALL THE MAKER’S HUB INCORPORATED AGGREGATE DAMAGES FROM ANY AND ALL CAUSES ARISING IN CONNECTION WITH THESE CONDITIONS OR DELIVERY OF THE SERVICE, (AND FOR THE AVOIDANCE OF DOUBT INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, OR GROSS NEGLIGENCE) EXCEED THE FEES RECEIVED BY THE MAKER’S HUB INCORPORATED FOR THE SERVICE IN RESPECT OF WHICH THE DAMAGE IS ALLEGED TO HAVE ARISEN.
IN NO EVENT SHALL THE MAKER’S HUB INCORPORATED BE LIABLE FOR ANY DAMAGES ON ACCOUNT OF LOSS OF USE OR LOSS OF PROFITS, OR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, NOTWITHSTANDING THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE ALLEGED TO HAVE BEEN INCURRED.
CUSTOMER agrees that the storage of the PACKAGE(S) by THE MAKER’S HUB INCORPORATED shall in no event constitute a bailment, and THE MAKER’S HUB INCORPORATED shall not be a bailee of the PACKAGE(S).
EXCLUSION OF WARRANTY; LIMITATION OF LIABILITY
THE MAKER’S HUB INCORPORATED, employees and SUBSIDIARIES and AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, WHETHER ARISING FROM CUSTOM, USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE MAKER’S HUB INCORPORATED, employees and SUBSIDIARIES and AFFILIATES, DO NOT WARRANT THAT THE SERVICE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
INDEMNITY TO THE MAKER’S HUB INCORPORATED
CUSTOMER shall indemnify THE MAKER’S HUB INCORPORATED, employees, and SUBSIDIARIES and AFFILIATES, against:
All consequences suffered by THE MAKER’S HUB INCORPORATED, employees and SUBSIDIARIES and AFFILIATES, (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to other goods) by reason of any error, omission, misstatement or misrepresentation by CUSTOMER or other owner of the goods or by any servant or agent or either of them, insufficient or improper packaging, labeling or addressing of the goods, fraud, personal injury uncured through consumption or contact with consumables, or any PACKAGE(S) that breaches the prohibited goods section of this Agreement;
All claims and demands whatever by whomsoever;
All losses suffered by and claims made against THE MAKER’S HUB INCORPORATED, employees, and SUBSIDIARIES and AFFILIATES, resulting from loss of or damage to property caused by or arising out of the carriage, storage, or refusal to accept by THE MAKER’S HUB INCORPORATED of Prohibited Goods and Restricted Packages as described in this Agreement.
All claims made upon THE MAKER’S HUB INCORPORATED, employees and SUBSIDIARIES and AFFILIATES, by any governmental authority with respect to the PACKAGE(S).
THE MAKER’S HUB INCORPORATED shall have a right, without further notice to CUSTOMER, to dispose of, give away or destroy any PACKAGE(S) that has not been collected from THE MAKER’S HUB INCORPORATED within thirty (30) days after the Email Notification is given.
THE MAKER’S HUB INCORPORATED, employees, and SUBSIDIARIES and AFFILIATES, shall be relieved of their obligation to perform this Agreement to the extent that the performance is prevented by failure of CUSTOMER, PICKUP, fire, weather conditions, industrial dispute, labor disturbance or any other cause beyond the reasonable control of THE MAKER’S HUB INCORPORATED, employees, and SUBSIDIARIES and AFFILIATES.
You are responsible for protecting your username and password and should take all reasonable steps to ensure there is no unauthorized access to your account. Therefore, we recommend that you do not disclose your THE MAKER’S HUB INCORPORATED username and password to others.
If others gain access to your password, you may lose substantial control over your personal information. Therefore, if you suspect that your password has been compromised for any reason, you should immediately change your password.
THE MAKER’S HUB INCORPORATED does not assume responsibility or liability for any information you submit or for information transmitted or received by you or a third party using the SERVICE.
USE OF CONTENT
THE MAKER’S HUB INCORPORATED content is protected by copyright under Canadian laws. Title to the Content remains with THE MAKER’S HUB INCORPORATED. Any use of the Content not expressly permitted by these CONDITIONS is a breach and may violate copyright, trademark, and other laws. Content is subject to change or termination without notice at the discretion of THE MAKER’S HUB INCORPORATED. All rights not expressly granted herein are reserved to THE MAKER’S HUB INCORPORATED.
Violation of these CONDITIONS will result in the automatic termination of your permission to use the SERVICE.
Links to the WEBSITE without the express written permission of THE MAKER’S HUB INCORPORATED are strictly prohibited. THE MAKER’S HUB INCORPORATED reserves the right to cancel and revoke any permission it may give to link to the WEBSITE at any time, for any reason, without any notice, and without any liability to you or any other person. The framing, mirroring, scraping or data-mining of the WEBSITE or any of its content in any form and by any method are strictly prohibited.
LINKS TO OTHER SITES
To the extent that links are utilized to access external or third-party websites, you should be aware that these external or third-party sites are not controlled by THE MAKER’S HUB INCORPORATED and, therefore, are not subject to these CONDITIONS. Use of these sites is subject to the terms and conditions of the individual sites.
THE MAKER’S HUB INCORPORATED welcomes your comments and suggestions regarding the WEBSITE. However, by submitting any comments, ideas, suggestions or other materials to THE MAKER’S HUB INCORPORATED or the WEBSITE, you automatically grant (or warrant that the owner of the Submissions) grants to THE MAKER’S HUB INCORPORATED a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of THE MAKER’S HUB INCORPORATED, and you warrant and represent that all moral rights in the Submissions are waived.
ACCOUNT TERMINATION AND INDEMNITY
THE MAKER’S HUB INCORPORATED reserves the right to suspend or terminate your account if you violate these CONDITIONS or for any other reason determined by THE MAKER’S HUB INCORPORATED that warrants termination. Upon such violation, you agree to indemnify, and hold THE MAKER’S HUB INCORPORATED, its officers, directors, employees, agents, licensors, partners, and suppliers and SUBSIDIARIES and AFFILIATES harmless from and against any and all loss, damage, or expense.
RETURNS AND REFUNDS
If the CUSTOMER is dissatisfied for any reason, please contact THE MAKER’S HUB INCORPORATED at firstname.lastname@example.org within seven (7) days of date of purchase of the subscription. Depending on the circumstances, THE MAKER’S HUB INCORPORATED may, in our sole discretion, provide you a full or partial refund of the purchase price for that subscription.
LAW AND JURISDICTION
All matters arising from or relating to these Conditions and the use of the SERVICE will be governed by the substantive laws of the Province of Ontario, without regard to its conflicts of laws principles. CUSTOMER consents to the personal jurisdiction of such courts, stipulates to the fairness and convenience of proceeding in such courts, and covenants not to assert any object to proceeding in such courts. Notwithstanding this, you agree that THE MAKER’S HUB INCORPORATED shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
No delay or omission by THE MAKER’S HUB INCORPORATED, employees, Subsidiaries and Affiliates, in exercising any of their rights occurring upon any noncompliance or default by CUSTOMER with respect to any of the terms and conditions of these CONDITIONS will impair any such right or be construed to be a waiver thereof, and a waiver by THE MAKER’S HUB INCORPORATED of any of the covenants, conditions or agreements to be performed by CUSTOMER will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these CONDITIONS, “including” means “including but not limited to, If any provision of these CONDITIONS is found by a court of competent jurisdiction to be invalid or unenforceable, then these CONDITIONS will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these CONDITIONS set forth the entire agreement between CUSTOMER, and THE MAKER’S HUB INCORPORATED regarding their subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these CONDITIONS constitutes a “writing” and CUSTOMER’s assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Effective September 24, 2017
Copyright © THE MAKER’S HUB INCORPORATED. All rights reserved.