ATADEL PLATFORM TERMS OF SERVICE AND CONDITIONS
LAST UPDATED: September 25, 2024
Section A – General Terms
1. Introduction
1.1. Please carefully read these Terms of Service. By using Atadel’s Services (as defined below), you confirm that you have read, understood, and agree to be bound by these Terms of Service. These Terms, together with Atadel’s policies (“Atadel Policies”), form a legally binding agreement (“Agreement”) between you and Atadel Technologies Inc. (“Atadel” or “we”).
1.2. Atadel may update or amend these Terms at any time. Any amendments will be effective once posted on https://atadel.ca or via the Atadel application (“App”). It is your responsibility to regularly review the Terms and Policies. By continuing to use the Services after amendments have been made, you agree to be bound by the updated Terms.
1.3. If you use Atadel’s services in a jurisdiction other than the one in which you originally registered, you agree to be bound by the Terms applicable in that jurisdiction, which may differ from those in your original country of registration.
1.4. Atadel is a technology platform that links customers to independent providers, such as drivers and merchants. Atadel does not provide transportation, delivery, or goods directly; rather, it facilitates access to these services via its platform. Providers are independent contractors, and Atadel is not responsible for their actions or omissions.
2. Definitions
In these Terms of Service, the following words shall have the meanings ascribed below:
2.1. Application refers to Atadel’s mobile or web application provided for consumer and provider use.
2.2. User refers to any individual who accesses and uses Atadel’s platform to procure services.
2.3. Service Charges refers to all fees, tolls, and charges incurred by Users for services obtained through the Atadel platform, including but not limited to transportation, delivery, and service fees.
2.4. Atadel refers to Atadel Technologies Inc. and any associated subsidiaries or affiliated entities.
2.5. Atadel Policies refers to the following:
- Privacy Policy
- Code of Conduct for Customers, Merchants, and Drivers
- Refund and Cancellation Policy
- Other applicable policies published on https://atadel.ca
2.6. Partner refers to independent third-party service providers, including drivers, merchants, and delivery partners.
2.7. Personal Data refers to any data that can be used to identify an individual, including but not limited to names, contact details, government IDs, and payment information.
2.8. Platform refers to the Atadel App, software, and website used to facilitate services.
2.9. Solution refers to the various services offered via the Atadel platform, including but not limited to transportation (AtadelGo), package delivery (AtadelSend), Groceries and retail delivery (AtadelShop) and food delivery services (AtadelEat).
3. Representations and Warranties
3.1. By using the Atadel platform, you represent, warrant, and agree to the following:
- You are legally capable of entering into this Agreement and are at least 18 years old.
- The information you provide (including personal details and payment information) is true, accurate, and up to date. You are responsible for updating any changes promptly.
- You will only use an account that you are authorized to use, and you will maintain confidentiality over your login credentials.
- You will notify Atadel immediately in case of unauthorized access or use of your account.
- You will comply with all applicable laws when using the platform and services.
3.2. If you are a Partner, you further represent that you possess all necessary licenses, insurance, and permits required for providing services. You acknowledge that you are an independent contractor and not an employee or agent of Atadel.
4. Safety and Liability
4.1. Driver and Vehicle Safety (AtadelGo)
- All drivers using AtadelGo must pass background checks and vehicle inspections prior to providing services. Drivers are responsible for maintaining their vehicles in safe operating conditions and adhering to all applicable traffic and safety laws.
- Drivers must ensure that their vehicles are equipped with functioning safety features (seat belts, airbags, etc.) and must report any incidents or accidents promptly to Atadel.
- Passengers are required to wear seat belts at all times. Atadel shall not be liable for any injuries sustained as a result of passengers failing to comply with this requirement.
4.2. Rider Conduct
- Riders must behave respectfully toward drivers and follow all safety instructions. Any behavior that endangers the driver, vehicle, or other passengers may result in the immediate termination of the ride and suspension from the Atadel platform.
- Inappropriate or unsafe behavior (e.g., intoxication, harassment) may result in account suspension or permanent removal from the platform.
4.3. Package Delivery (AtadelSend)
- Users must provide accurate and complete delivery details (address, contact information). Atadel and its partners will not be liable for deliveries made to incorrect addresses as a result of user error.
- Partners reserve the right to refuse delivery if they believe the package contains illegal or dangerous items. AtadelSend cannot transport hazardous materials, including explosives, flammable substances, and perishables (unless specifically allowed).
4.4. Merchant and Food Safety (AtadelEat)
- Merchants on AtadelEat are responsible for complying with food safety regulations. Atadel is not liable for any food-related illnesses or issues arising from improperly prepared or stored items.
- Customers must review any dietary restrictions or allergies with the merchant when ordering. Atadel is not responsible for adverse reactions to food.
4.5. Liability for Accidents
- Atadel is not liable for any damages, injuries, or accidents that occur during a ride or delivery.
- Drivers are required to carry personal auto insurance in compliance with local laws, and AtadelGo drivers may carry supplemental insurance through Atadel’s insurance provider. However, this coverage is secondary to the driver’s own insurance policy.
5. Refunds and Cancellations
5.1. Cancellation by Users
- Users may cancel rides or deliveries before the driver or delivery partner is dispatched without incurring charges. Once the partner is en route, cancellation fees may apply as outlined in the Refund and Cancellation Policy.
5.2. Refunds
- Refunds will be provided in cases of service failure, such as a significant delay in delivery or incomplete rides. Refund requests will be evaluated on a case-by-case basis.
6. Dispute Resolution
6.1. In the event of a dispute between users, drivers, merchants, or other partners, Atadel will attempt to facilitate a resolution. However, any legal claims or disputes arising from the use of the platform or services must be resolved in accordance with local laws and jurisdictions.
Section B – Specific Terms for AtadelGo (Transport), AtadelSend (Delivery), and AtadelEat (Food Services)
7. AtadelGo – Transport Services
7.1. Driver Responsibilities
- Drivers must comply with all applicable road and traffic laws at all times.
- Drivers are responsible for maintaining the cleanliness and safety of their vehicles, including performing regular maintenance and inspections.
- Drivers must not use mobile devices while driving unless they are using hands-free systems or specifically related to the Atadel service (e.g., using navigation to reach a destination).
- Drivers must not engage in inappropriate behavior or unsafe practices while transporting customers, including but not limited to speeding, reckless driving, or consuming alcohol or drugs.
- Drivers must verify the identity of customers if required, especially when transporting minors or individuals in need of assistance.
7.2. Passenger Conduct
- Passengers must comply with all safety instructions provided by the driver, including wearing seatbelts and following local transportation laws.
- Passengers are prohibited from engaging in any behavior that could distract the driver or compromise the safety of the ride (e.g., physical harassment, verbal abuse, intoxication).
- Any damage to the vehicle caused by the passenger will result in repair or cleaning fees, which will be charged directly to the passenger’s payment method.
- Atadel reserves the right to suspend or ban passengers who violate these terms.
7.3. Liability and Insurance for AtadelGo
- Atadel provides supplemental insurance for AtadelGo rides; however, this coverage is secondary to the driver’s personal insurance policy.
- In the event of an accident, the driver must report the incident to both Atadel and their insurance provider. Passengers must cooperate with any investigation that follows.
- Atadel will not be liable for any loss or damage arising from accidents, personal injuries, or property damage unless it is proven that Atadel’s direct negligence contributed to the incident.
8. AtadelSend – Package Delivery Services
8.1. Service Scope
- AtadelSend provides delivery services for packages, documents, and goods within the permitted size and weight limits. Specific size and weight limits are published on the Atadel website or app, and Atadel reserves the right to refuse packages that exceed these limits.
8.2. Package Responsibility and Prohibited Items
- Users are responsible for providing accurate information about the package contents, destination, and recipient contact details.
- The following items are prohibited from being shipped through AtadelSend:
- Hazardous materials, explosives, and flammable items.
- Perishable goods, unless the package has been pre-approved for delivery.
- Illegal items, including drugs, firearms, and counterfeit goods.
- Any items that may violate national, state, or local regulations.
- Delivery partners may inspect packages if there is suspicion that they contain prohibited items or if they are not packaged properly. Atadel reserves the right to terminate any delivery if illegal or unsafe materials are discovered (In this case, only 50% of the delivery fees will be refunded).
8.3. Liability for Lost or Damaged Goods
- Atadel and its delivery partners will take reasonable steps to ensure that packages are delivered safely. However, Atadel is not liable for any loss or damage to packages unless it is proven that the delivery partner acted negligently or failed to follow safety protocols.
- For high-value goods, customers are encouraged to purchase additional insurance coverage. Atadel’s liability is limited to the value of the service fee paid, unless otherwise specified.
8.4. Delivery Failure
- If a package cannot be delivered due to incorrect or incomplete address information, the delivery partner will attempt to contact the recipient or sender. If the issue cannot be resolved within a reasonable period, the package may be returned to the sender at their expense.
- AtadelSend reserves the right to charge additional fees for failed deliveries or multiple delivery attempts.
9. AtadelEat – Food and Beverage Services
9.1. Merchant Responsibilities
- Merchants must comply with all local regulations regarding food safety, storage, and preparation.
- Merchants are responsible for ensuring that all menu items listed on the AtadelEat platform accurately represent the food being provided, including ingredients, portion sizes, and prices.
- Merchants are required to update their availability in real-time to avoid customer orders being placed for out-of-stock items.
- AtadelEat will not be held liable for any disputes between merchants and customers over food quality, ingredients, or preparation, as these matters are the sole responsibility of the merchant.
9.2. Food Safety and Allergies
- Customers are responsible for providing accurate information about any food allergies or dietary restrictions when placing an order.
- Merchants are encouraged to clearly display allergen information on the platform, but Atadel is not liable for any adverse reactions to food items unless the information provided by the merchant was proven to be false or misleading.
- Atadel does not guarantee the availability of allergen-free food items, and it is the customer’s responsibility to verify the ingredients with the merchant before consumption.
9.3. Order Fulfillment and Cancellations
- Once an order is placed and confirmed by the merchant, any cancellation by the customer would result in no refund. Unless the merchant fails to prepare the order within the specified delivery window.
- If a customer is not available to receive the order at the designated delivery location, the food may be left at the premises, and the order will be considered fulfilled. Atadel and the merchant are not responsible for any theft or damage that occurs after delivery.
10. AtadelShop – Grocery, Retail, and Other Products
10.1. Merchant Responsibilities
- Merchants on AtadelShop must comply with all relevant laws and regulations regarding the sale of retail products, groceries, and other items, including product safety, labeling, and consumer protection.
- Merchants must ensure that product listings are accurate, including prices, product descriptions, availability, and any relevant safety warnings (e.g., food expiry dates).
- Merchants are required to update their inventory in real-time to reflect current stock levels. Failure to do so may result in order cancellations and customer dissatisfaction. Atadel reserves the right to suspend merchants who repeatedly fail to update their inventory accurately.
10.2. Product Safety and Customer Responsibility
- Customers are responsible for reviewing product details before purchase, especially regarding perishable goods like groceries. Atadel will not be liable for any issues arising from misreading product descriptions or warnings provided by merchants.
- For perishable goods (e.g., groceries), customers are encouraged to check expiration dates and storage requirements upon delivery. Any complaints regarding expired or damaged products must be raised within 24 hours of receipt.
10.3. Order Fulfillment and Delivery
- Orders placed through AtadelShop will be delivered within the delivery time frame specified at checkout. Delays caused by factors outside of Atadel’s control (e.g., weather, traffic, or merchant issues) are not grounds for refund unless significant delays occur.
- If the customer is not available at the delivery location, the order may be left at the premises (in the case of non-perishable items), and the delivery will be considered fulfilled. Atadel and merchants are not liable for any theft, damage, or spoilage that occurs after delivery.
- For perishable items, if the customer cannot be reached, the delivery may be rescheduled or canceled depending on the nature of the items. Any rescheduled delivery will incur additional fees.
10.4. Refunds and Returns
- Refunds are available for incorrect, damaged, or missing items in an order. Customers must notify Atadel within 24 hours of delivery to be eligible for a refund or replacement.
- Perishable goods (e.g., fresh produce, dairy) are not eligible for returns unless they arrive damaged or expired. For non-perishable items, merchants may have their own return policies, and customers should review these policies before making a purchase.
- Refunds for non-perishable items will be processed after the merchant receives the returned item and confirms that it meets the return criteria (e.g., unopened, in original packaging).
10.5. Liability for AtadelShop
- Atadel is not responsible for product defects, safety issues, or misrepresentations made by merchants. However, we will facilitate communication between customers and merchants to resolve disputes.
- Atadel’s liability for any claims related to AtadelShop purchases is limited to the amount paid for the specific product in question, unless otherwise required by law.
Section C – Payments and Refunds
11. Payments and Service Fees
11.1. Payment Methods
- Payments for all Atadel services are processed via the app using authorized payment methods, including credit cards, debit cards, and other electronic payment services as specified.
- Customers must ensure that their payment method is up to date. Atadel will not be responsible for any delays in processing due to payment failures.
11.2. Service Charges
- Customers agree to pay all applicable fees for services, including base fees, delivery charges, and any applicable taxes.
- Atadel reserves the right to implement surge pricing during high-demand periods. Such fees will be clearly displayed before the customer confirms the service.
11.3. Tipping
- Tipping drivers and delivery partners is optional. Customers may tip directly through the platform, and 100% of tips will go to the service provider.
12. Refund and Cancellation Policies
12.1. Refunds for Service Failure
- Refunds will be issued only in cases of significant service failures, such as incorrect food delivery, failure to arrive at a destination (for AtadelGo), or the loss of a package (for AtadelSend). Refund requests must be made within 24 hours of service completion.
12.2. Service Cancellations by Customers
- Customers may cancel AtadelGo rides or AtadelSend deliveries before a driver or delivery partner is dispatched at no cost. However, once the service provider is en route, a cancellation fee will be applied.
- For AtadelEat, cancellations are not allowed once the merchant has started preparing the food. If the merchant fails to fulfill the order within the specified time, a full refund may be issued.
12.3. Service Cancellations by Partners
- Drivers and delivery partners may cancel a service if the customer is unresponsive, provides incorrect information, or engages in unsafe or inappropriate behavior. In such cases, no refund will be issued to the customer.
Section D – Legal and Dispute Resolution
13. Dispute Resolution
13.1. Internal Dispute Resolution
- Atadel encourages all users to resolve disputes directly through the platform’s customer support channels. Disputes between users, drivers, merchants, and delivery partners will be mediated by Atadel when possible.
13.2. Arbitration and Mediation
- If a dispute cannot be resolved internally, it will be referred to binding arbitration under the laws of the jurisdiction where the service was provided. Arbitration will take place in Alberta, Canada unless both parties agree to a different location.
13.3. Legal Action
- If legal action is necessary, both parties agree to submit to the exclusive jurisdiction of the courts of Alberta, Canada. However, this does not limit either party’s right to pursue urgent relief (such as an injunction) in any relevant jurisdiction.
14. Indemnification and Limitation of Liability
14.1. Indemnification
- You agree to indemnify and hold harmless Atadel, its affiliates, and partners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the platform or services, breach of these Terms, or violation of any law.
14.2. Limitation of Liability
- Atadel’s total liability to you for any claims arising out of your use of the platform or services will not exceed the total fees paid by you for the services in question. Atadel will not be liable for any indirect, incidental, or punitive damages.
15. Termination of Service
15.1. Termination by Atadel
- Atadel reserves the right to suspend or terminate your account and access to services if you violate these Terms, engage in illegal activity, or misuse the platform. Such termination will be effective immediately, and any pending services may be canceled.
15.2. Termination by Users
- You may terminate your account at any time by contacting Atadel customer service. Termination will result in the loss of access to Atadel’s platform and services.
16. Contact Us
If you have any questions, concerns, or feedback regarding these Terms of service or the Platform, please contact us at the following email address: [email protected].
Please read these Terms and Conditions carefully and thoroughly, and make sure you understand them fully. By using the Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms and Conditions, please do not use the Platform.