1. WYAT Customer Service Terms
The status of client
This is the status of natural or legal persons who have regularly created a valid (confirmed) account on the WYAT website, giving them access to all our services. The operating rules of our service are applicable and enforceable.
The creation of an account involves the communication of certain personal and confidential data of the client. WYAT undertakes to dispose of it in a strictly legal manner and in the sole interest of the customer. The protection of such data is a major obligation for us.
Rates, payment and incidents
The service rates offered on our platform are set and approved by WYAT. They are paid before the service is delivered and the charge is made immediately upon payment. Our payment methods are secure but this does not exclude that they can be attacked or hacked. Always be vigilant when making a payment and avoid fake sites and phishing messages.
Any technical payment incident caused by our platform obliges us to refund you in full as soon as possible. Unless expressly authorized by our website, all payment is made on our platform followed by a confirmation message and an electronic receipt.
Ordering a service
To order any service, the customer logs into their account, chooses the relevant service, fills out the form as required, submits it and pays the price. It is very important to fill in the form with correct data. As a customer you are responsible for the data entered in the online forms when ordering a service. Any error found after payment cannot give right to refund of the reservation fees. False data could cause the cancellation of the service before or during its execution to your entire prejudice and liability.
The performance of the service
You must refer to the instructions related to the various services offered by WYAT to learn about the scope of our services. See leaflets below.
Service partners
This mainly includes drivers, delivery people and partner spaces. They are not employees of WYAT, who ensure a simple connection with them to your request in order to allow you to benefit from flexible transport and delivery services. The partners are personally liable for any harm they may cause to a client in the performance of their obligations. WYAT cannot be held responsible in any case for the faults committed by the partners. However, WYAT is committed to supporting clients in their search for redress or compensation for any damage suffered due to the fault of a partner.
Confirmation of service
For any service requested from our platform, the customer is obliged before ordering another service to confirm the completion of the previous one. To do this, the user logs into their account and follows the procedure indicated to confirm or not the performance of the service for which they paid. Failure to confirm or late confirmation (beyond 48 hours) could result in consequences such as the undue payment of a partner’s service fee. Such payment is then final because the silence of the client is worth the absence of complaint and the (implicit acceptance of service made.
Service incidents
WYAT is obliged to ensure that any package delivered by its network reaches the recipient and, if not, returns to the sender. WYAT is therefore responsible for identifying à any time the location of a packet within its system. Even in the case of lost packages, WYAT must be able to inform the customer about the location and possibly the conditions of loss. WYAT must then accompany the customer in a repair process. The same applies to damaged packages. If the defaulting partner is adequately insured against the damage caused, he must then offer the victim customer a remedy through his insurer. The insurance action is the principle in terms of parcel or carpooling within our system. The client cannot legally sue the partner offering to compensate him by his insurer. However, if the fault is deemed to be intentional, then the customer may sue the defaulting partner in court. Even gross negligence cannot be considered as intentional.
Diligences
Any customer is free to make on-site inquiries regarding a driver responsible for the performance of his service. This may include checking his driver’s licence, car insurance, identity or any other element that he thinks is normal for him to know. If, for example, he has doubts about the identity of the driver who will drive him or carry his package, he can cancel the trip. His transport costs are reimbursed and if his doubts are founded after investigations, the reservation costs are also reimbursed and the driver is penalized.
Subscription fee
Every customer must pay an annual subscription fee to benefit from WYAT services for 12 months day by day from the date of payment. These fees are renewable à their expiration. They are 10 CADand are payable after the third paid service completed within our platform.
Insurance policy
WYAT does not have a specific insurance policy as a simple platform for connecting clients and partners. It is then your responsibility as a customer to have insurance that covers your valuable goods shipped through our network. WYAT can at best reimburse the full costs paid for the service if the fault is unambiguously from our action. You are also free to require a partner to present a valid insurance policy before handing over your package or travelling in their vehicle.
Applicable laws
WYAT is a service operating exclusively in Canada and headquartered in the province of Ontario. Thus, the laws applicable to his service (transport, litigation, tax, insurance…) are, depending on the case, those of federal or provincial order (Ontario).
The customer accepts these terms of service during the process of creating their customer account.
2. Terms of service for WYAT Driver Partners
The status of driver partner
The status of driver partner is that of any natural person who has regularly registered as such through our website and after creating valid customer account. Each partner driver offers to provide passenger and/or parcel transport services in his vehicle for customers of the WYAT network. At check-in, the latter gives information about his person, his vehicle, the services he wishes to offer… He also approves these terms of service during his registration as a driver.
When creating his customer account and registering as a driver, the interested party communicates many personal and confidential information to WYAT which is obliged to dispose of it in a strictly legal framework.
In view of the sensitivity of the tasks performed by drivers, WYAT reserves the right to verify certain information such as those relating to the driving licence, the situation the judicial, insurance policy… the result of the checks is however kept secret and only communicated to the person concerned if necessary.
Rates, payment and incidents
Service rates are set by WYAT for car-sharing and delivery. However, the driver may be required to choose a price within a predetermined range. Payment of the carpool service fee is made directly to the driver at the end of the trip by the customer. Payment of the delivery service fee is made by WYAT within 72 hours following completion of the customer’s run. Payment may exceed 72 hours without going beyond 07 consecutive days. Payments are made by any means agreed by the parties (cheque, transfer, interac…).
Any payment incident such as non-payment or partial payment of a service performed must be justified and the reasons communicated to the driver concerned. Once the problem has been resolved (technical, legal, administrative…), the driver concerned must fully return to his rights within a maximum of 07 days.
A suspended driver must however be paid for the trips that are definitely due to him before his suspension. Only the payment related to the event that resulted in said suspension may be retained.
Insurance policy
No driver can and must offer their services without at least valid motor vehicle insurance. Transporting parcels or passengers without valid automobile insurance is a serious fault justifying a suspension or even a definitive exclusion from the WYAT network. Your liability will be individual for any accident or damage caused by driving without valid motor vehicle insurance.
The transport of packages may require you to have a third party liability insurance policy in your own interest and that of the customer whose responsibility for transporting the package you are responsible for. WYAT reserves the right to make this condition mandatory at any time for your continued presence in its network.
Service offer and implications
Every driver offers his services freely and spontaneously via the travel announcement form available on our website. When completing the form, he indicates a travel date, a specific route, a departure time, a number of seats available, his willingness to carry parcels and so on. Once the offer has been submitted and validated, customers have access to it and can choose to subscribe to its services for carpooling or parcel delivery. Under penalty of punishment, a driver cannot refuse a request for carpooling or delivery paid by a customer without valid reason. This is to maintain a climate of certainty about our services offered to customers.
Any driver can change their offer as long as it is available online, withdraw or cancel their trip. Withdrawal means that he makes the choice to stop the current offer and will make his trip with the already registered customers. Cancellation is a form of withdrawal that results in the full refund of all customers who have already booked and paid for a service to him.
Cancellation may result in penalty fees for service disruption. Any modification shall not significantly upset the original offer and is subject to WYAT approval before it takes effect.
The performance of the service
The terms and conditions for performing the carpooling or delivery service are regulated by the instructions notices that form an integral part of these terms of service.
Confirmation of the service performed is mandatory and is done within the website via the driver’s customer account.
The annual subscription fee for partner drivers is CAD 20 to be paid after three sources within the WYAT network. They are valid for 12 months.
3. Terms of service for partner spaces
Partner space status
A partner space acquires such status after the creation of a customer account and registration on the form dedicated to partner spaces. May be registered by natural or legal persons holding a business or private home/dwelling. Approval of these conditions of service is also a mandatory condition for the acquisition of this status.
Partner areas are a kind of transit points through which parcels pass when they leave or arrive at a shipment. They are responsible for receiving the packages, storing them and preparing their dispatch or withdrawal as appropriate. They are paid for each package processed in their own up to 2.5 CAD.
Marketing obligations
The partner spaces are obliged to clearly indicate this at their establishments, whether inside or outside. A banner, flyer, visual or other element must clearly indicate the status of a partner space of WYAT.
Partner spaces must also subscribe to the commercial advertising program for a specific WYAT clientele.
The performance of the service
They must have a special space for the storage of packages to be removed or shipped. They must keep clear and separate accounts between their departments and those of WYAT. They must perform the service as required through their accounts receivable. They must ensure the verification of packages received and delivered to drivers for transport. They must train their staff in courtesy and good service. The spaces retain any packages made available to them for a period of 05 consecutive working days. After this time, it sends them back to the departure area via a driver designated by WYAT. Return is free of charge. The spaces receive and store packages not collected from the drivers of their area of activity. After a period of 5 consecutive working days, they return them to the partner space of departure following the same procedure described above.
Partner spaces do not collect payments directly except in exceptional cases. Their remuneration is paid by WYAT on a weekly basis according to agreed terms and conditions.
The data collected during the registration of partner spaces are classified as confidential and treated as such in strict compliance with the law. They can be verified to ensure the legitimacy of the representative declared on our platform to engage the institution in question.
A third party liability insurance policy covering the parcel handling activity is necessary in your own interest and that of the customers as well.
You are personally responsible for any damage to the customer’s parcels during your pick-up. Compensation for damage through insurance is recommended.
Confirmation of the services performed is mandatory and is done through the customer accounts. The rules contained in the instruction manuals apply to partner spaces if they deal with their scope.
Partner spaces must approve this to be eligible for status.
4. Carpool Service Instruction Manual
This notice is addressed to both customers and drivers involved in the carpooling service offered by WYAT. It describes more explicitly the conditions of performance of the service concerned and the responsibilities of each stakeholder.
Once the carpool service is booked online, the customer must know that it is their responsibility to arrive at the departure/boarding point before the departure time and no later than 10 minutes after the departure time. The customer must inform the driver of any likely significant delay so that they can agree together on an optimal solution for all and especially the other passengers. If the parties do not agree and the driver leaves without the delayed passenger, the latter cannot claim reimbursement of the booking fee.
Every customer travelling on a carpool within the WYAT network is entitled to one bag as baggage à back and an additional bag with a maximum capacity of 07kg. Any extra kilo must be communicated to the driver upon payment of the booking fee. The latter may charge an additional fee to ship the extra kilos or do so free of charge at his discretion. In any case, the extra kilos must not affect the comfort or safety of other passengers and their effects. If the additional baggage is not agreed upon, the customer cannot claim reimbursement of the travel booking costs.
For any customer who must board or disembark during the journey, it is his responsibility to inform the driver immediately after booking so that they agree together on the places indicated for this. Such locations may not be located more than 05km from the national road used by the driver during his journey.
Smoking, playing music or making loud calls are not permitted while travelling. Eating or drinking may require prior permission from the driver. Passengers must leave the vehicle in a clean condition or at least a similar condition to the departure one. Insulting, threatening, scolding or acting violently towards the driver or other passengers is strictly prohibited and could result in a suspension of the offending customer or even legal action as the case may be.
Drivers are paid by the passengers at destination. They can pay by any means accepted by the driver or by any means objectively available. Not paying at destination is an act that may constitute a criminal offence and result in a complaint from the driver or WYAT to the competent authorities.
The driver may refuse to carry any passenger whose luggage is considered uncomfortable (strong odor) or dangerous (toxic, flammable, firearms…) for the safety of all in the vehicle. In this case, if the client has violated the rules of this agreement, he cannot claim reimbursement of the booking fees. You must inform the driver or WYAT immediately after booking if you think you have baggage that is uncomfortable or risky. Failure to report this in time and risk a last minute cancellation by the driver is entirely at your own risk as a customer.
5. Delivery Service Instruction Manual
This notice applies to both distance and proximity deliveries and is addressed/applies to all stakeholders. Any order of the delivery service by a request through the appropriate form on the website. When filling in the relevant form, the customer must provide truthful and accurate information. Any erroneous, omitted or truncated information is the responsibility of its author and could result in a refusal to deliver, suspension or exclusion of the customer and even legal action. WYAT Partner Drivers may not transport illicit or dangerous goods on their journeys.
For any delivery order via the driver mode, you must arrive at least 15 minutes before departure at the boarding point. The driver may request that any package be checked if this does not result in the deterioration or destruction of the container and its contents. The driver may refuse to transport any packages that are inconvenient (strong odor, complex shape, too large, breakable objects…). If this has not been stated in advance when you place your online order, you will not be entitled to a refund of the booking fee. The transport costs will be refunded in full however. If you are more than 10 minutes late, the driver is allowed to leave, in this case only the transport costs will be refunded.
The customer must at least provide the following information on packages;
– Name and surname of the beneficiary
– Telephone number
– Full residential address
– Reference number of the shipment
Information can be written in a legible manner with a ballpoint pen. They are marked on the back for envelopes and above for mini cartons. The names, first name and number of
The sender’s telephone number is not mandatory but the customer can fill in the numbers as they wish. WYAT and its partners are not allowed to modify in any way the packages of the customers. They must therefore deposit them in a “ready to go” state. This is to eliminate additional handling times and increase the delivery capacity within 24 hours.
Any customer who conceals prohibited packages or driver who commits to transport prohibited packages does so at his own risk and could be liable for all expenses paid and not be reimbursed. Partner spaces are also entitled to reject any forbidden package. No service fees are collected or reimbursed if they were paid on site or online.
The partner areas ensure that packages are kept intact until they are retrieved by customers or drivers. No package may be removed by a customer without the supporting documents, including the payment receipt and/ or the order confirmation message. If the client does not have any of these, then they must present an official ID and if not, the institution must request confirmation from the support centre. Proxies are accepted but the institution may allow itself a prior check of its choice in order to confirm its decision. The collection of a package in a fraudulent manner cannot be considered as the responsibility of the institution concerned but rather as that of the person involved.
Partner spaces have 05 consecutive days of service to keep any package made available to them. After this time, they can return it to the space or the sending customer. Any package passed through a partner area entitles to the benefit of service fees in the amount of 2.5CAD. Only packages that are definitely not collected are exempt from the service fee if they have not already been collected. Packages not recovered after a certain period (+ 30 days) may be subject to destruction or to the provision of competent public services. The recovery of parcels beyond 30 days from partner spaces is subject to a penalty of 50CAD plus all additional service charges due.
Packages are handed over by the partner space to the drivers designated by WYAT. They collect the packages upon presentation of the message or service notification allowing them to collect these packages for delivery. However, exceptionally, a facility may call a network driver for urgent and important delivery. For example, premium customer deliveries.
Partner spaces and drivers are not employees of WYAT. They do not receive any salary or bonus. They offer their services through our platform to customers who pay for their remuneration. We do not provide any form of proof of employment to partners. However, if requested, we can provide a summary of their network earnings over a period of time of their choice.
Delivery services are carried out on the same day or within 24 hours. It may however happen that the realization of a service takes 48 hours without the client being able to invoke a fault on the part of WYAT or its partners. However, from 72 hours after the day and time of delivery of the package to a WYAT partner by the customer, the latter may claim damages and claim reimbursement of his package and expenses paid in full. However, if WYAT has notified you of the probable delay and its causes without you expressly objecting to this eventuality, you will not be able to claim any fault or claim any refund if the package is delivered to the recipient within the time given in the undisputed notification.
Confirmation of service is mandatory for all.
These terms of service may be modified unilaterally and at any time by WYAT which will submit them to a new approval of the customers and partners on the occasion of their connection within their customer account.
The approval given to these conditions on the WYAT website is considered free, informed and without reservation. In the event of conflict with federal or provincial law, the latter shall prevail. The courts of Ontario have jurisdiction over all disputes. The tax regime for tariffs is that of Ontario for HST.
WYAT offers its services in French and English.
All rights reserved, January 2025. WHEREYOUAT SOLUTIONS LIMITED
