Terms of Service and Privacy Policy

General Conditions of Service:

Limit of Liability:

• Goods unwrapped and/or unpacked and not labeled.
• Any package or item requested by the customer to be left without signature i.e. mailbox or otherwise delivered.
• Any loss or damage not noted on the waybill at the time of delivery, otherwise, the consignee’s signature will constitute a clear receipt.
• Breakage of or damaged goods not clearly marked fragile, fridge item or glass.
• Delay of any goods, caused by an act of God, strikes, and defects or inherent vice in the goods or act or default of the shipper, owner, or authority of law.
• Maximum liability $4.40 per kg., unless declared otherwise.
• Any outstanding cash or other return items not reported within 30 days.
• Any discrepancy not be reported within 30 days of statement date or no adjustments can be considered.

Billing Terms:

• Terms: Net 15 days.
• 1.5% (18% per annum) service charge will be assessed on balances exceeding 30 days.
• Taxes: 5% GST will be added to all invoices.

Warranty of Service

KC Express (2001) Ltd. represents and warrants that it has the experience and ability to perform the services required; that it will perform said services in a professional, competent, and timely manner; that it has the power to enter into and perform this delivery service; and that its performance of delivery service shall not infringe upon or violate the rights of any third party or violate any federal, provincial, and municipal laws. Customers shall provide requisite training for additional products or services required, which are not within KC Express (2001) Ltd. area of expertise.

Independent Contractor

KC Express (2001) Ltd. acknowledges that the services rendered under its delivery service shall be solely as an independent contractor. KC Express (2001) Ltd. shall not enter into any employment contract or commitment on behalf of its customers. KC Express (2001) Ltd. further acknowledges that it is not considered an affiliate or subsidiary of any customer, and is not entitled to any customer’s employment rights or benefits. It is expressly understood that this undertaking is not a joint venture.

Confidential Disclosure Agreement

This Confidential Disclosure Agreement is entered into by and between
KC Express (2001) Ltd., with offices at 102-339 50 Ave SE, Calgary Alberta T2G 2B3 (hereinafter “Recipient”) and

It’s Customers (hereinafter “Discloser”) as of the date any waybill is produced and agreed on by the Recipient and Discloser.

WHEREAS Discloser possesses certain ideas and information relating to the general delivery of prescription drugs, envelopes, boxes, and other deliveries that is confidential and proprietary to Discloser (hereinafter “Confidential Information”); and

WHEREAS the Recipient is willing to receive disclosure of the Confidential Information, pursuant to the terms of this Agreement for the purpose of delivery of goods and services;

NOW, THEREFORE, in consideration for the mutual undertakings of the Discloser and the Recipient under this Agreement, the parties agree as follows:

1. Disclosure. Discloser agrees to disclose and Receiver agrees to receive the Confidential Information.

2. Confidentiality.
2.1 No Use. Recipient agrees not to use the Confidential Information in any way, or to manufacture or test any product embodying Confidential Information, except for the purpose set forth above.
2.2 No Disclosure. Recipient agrees to use its best efforts to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person other than Recipient’s employees having a need for disclosure in connection with Recipient’s authorized use of the Confidential Information.
2.3 Protection of Secrecy. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons.

3. Limits on Confidential Information. Confidential Information shall not be deemed proprietary and the Recipient shall have no obligation with respect to such information where the information:

4. Ownership of Confidential Information. Recipient agrees that all Confidential Information shall remain the property of Discloser and that Discloser may use such Confidential Information for any purpose without obligation to Recipient. Nothing contained herein shall be construed as granting or implying any transfer of rights to Recipient in the Confidential Information, or any patents or other intellectual property protecting or relating to the Confidential Information.

5. Term and Termination. The obligations of this Agreement shall be continuing until the Confidential Information disclosed to Recipient is no longer confidential.

6. Survival of Rights and Obligations. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by (a) Discloser, its successors, and assigns; and (b) Recipient, its successors, and assigns.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online by kcexpress.ca, kcexpresspay.ca, and kcexpress.com. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect, or otherwise handle your Personally Identifiable Information in accordance with our websites.

What personal information do we collect from the people that visit our blog, websites, or app?

When ordering or registering on our sites, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, social insurance number, or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our sites, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, open a Support Ticket, or enter information on our sites.
Provide us with feedback on our products or services

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the websites, or use certain other sites featured in the following ways:

• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our websites in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey, or other sites feature.
• To quickly process your transactions.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect your information?

Our websites are scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our sites as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order, enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser settings. Since the browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some of the features that make your site experience more efficient may not function properly. It won’t affect the user’s experience that makes your site experience more efficient and may not function properly.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our websites, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our websites. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our sites and welcome any feedback about these sites.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users.
We have not enabled Google AdSense on our sites but we may do so in the future.

Online Privacy Protection Act

Accordingly, we agree with the following:

• Users can visit our sites anonymously.
• Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our websites.
• Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
• You will be notified of any Privacy Policy changes:
  • On our Privacy Policy Page
• Can change your personal information:
  • By emailing us
  • By calling us
  • By logging in to your account
  • By chatting with us or by sending us a support ticket

How do our sites handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Do our sites allow third-party behavioral tracking?

It’s also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email
• Within 1 business day
We will notify you via phone call
• Within 1 business day
We will notify you via letter
• Within 7 business days
We will notify the users via in-sites notification
• Within 1 business day

We also agree to the Individual Redress Principle, which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or sites headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at kcexpess@telus.net and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

KC Express (2001) Ltd.
102-339 50 Ave. SE
Calgary, Alberta T2G 2B3, Canada
T. 403.255.2021 F. 403.590.2112
www.kcexpress.ca
kcexpress@telus.net
info@kcexpress.ca