Terms & Conditions.
Last Updated September 10, 2026
Welcome, and thank you for your interest in HELLOYUGO Inc., operating as Yugo ("Yugo," "we," "us," or "our") and our website at www.itsyugo.com, along with our related websites, client portals, tracking tools, and the moving, delivery, packing, installation, warehousing and storage services provided by us (collectively, the "Services"). These Terms of Service are a legally binding contract between you and Yugo regarding your use of the Services.
Please read the following terms carefully:
By requesting a quotation, paying a deposit, signing a Bill of Lading, instructing us to commence work, or otherwise accessing or using the Services, you agree that you have read and understood, and, as a condition to your use of the Services, you agree to be bound by, the following terms and conditions, including Yugo's Privacy Policy (together, these "Terms"). If you do not agree to these Terms, then you do not have our permission to use the Services.
1. Services Overview
Yugo provides residential and commercial relocation, white glove delivery, packing and unpacking, specialty item handling, installation, and storage services in the Province of Ontario and, where agreed, on an interprovincial basis. Services are offered at three levels ("Essential," "Signature," and "Estate"), the inclusions of which are set out in the written quotation issued to you (the "Quotation"). Yugo also operates the website and any client tracking tools made available to you. HELLOYUGO Inc. is the contracting entity for all Services.
2. Eligibility
You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity and authority to enter into these Terms; (c) you own the goods tendered to us for carriage or storage, or are authorized by the owner to tender them and to bind the owner to these Terms; and (d) your use of the Services complies with all applicable laws. If you are an entity, the individual accepting these Terms represents and warrants that they have authority to bind that entity, and Section 28 applies to you.
3. Quotations, Bookings, & Deposits
Quotation. Following consultation, we issue a written Quotation setting out the scope of Services, the inventory of goods to be moved (the "Inventory"), the level of Service, the applicable Declared Valuation, the price, and the scheduled date (the "Move Date"). A Quotation is valid for 7 days from issue unless stated otherwise.
Basis of the Quotation. Each Quotation is prepared on the basis of the Inventory and the access conditions you describe. You are responsible for the accuracy and completeness of that information.
Booking. A Move Date is reserved only upon our receipt of the deposit stated in the Quotation. We do not hold dates prior to receipt of the deposit and availability is allocated on a first-received basis.
Deposit. The deposit is 10% of the Quotation value for Essential and Signature Services and 15% for Estate Services. Deposits are applied against the final invoice. Deposits are payable by credit card, debit card, or electronic transfer through the secure payment link we issue. We do not accept cash at booking.
Acceptance. Payment of the deposit constitutes your acceptance of the Quotation and these Terms. The version of these Terms in effect on the date of your deposit governs your booking.
4. Fees, Estimates, & Changes in Scope
Fixed price. Unless the Quotation states that Services are charged on an hourly basis, the price is fixed to the scope described in the Quotation.
Changes in scope. Where the Services actually required differ from those described in the Quotation, we will issue a written amended Quotation stating the revised scope and price. We will not perform the additional Services, and you will not be charged for them, unless and until you accept the amended Quotation in writing or by recorded electronic confirmation. No crew member or driver is authorized to agree to a price variation verbally or on site.
Common causes of amendment. Circumstances requiring an amended Quotation include, without limitation: goods not listed on the Inventory; stairs, flights, or access conditions not disclosed at booking; Specialty Items (as defined in Section 10.3) not disclosed at booking; a change of origin or destination address; and building-mandated protection not previously requested.
Extended carry. Where no parking is available within 150 feet of an entrance at either address, an extended carry charge of up to $200 may apply, subject to Section 4.2.
Additional distance. Where the route exceeds the distance quoted by more than 10 kilometres, a mileage adjustment may apply, subject to Section 4.2.
Waiting time. Waiting time caused by building access failure, elevator lockout, absent permits, or your delay is chargeable at the rate stated in the Quotation, commencing only after we have notified you that waiting time has begun.
Hourly Services. Where Services are quoted hourly, minimum durations apply as stated in the Quotation, time commences when our crew arrives at the origin address and begins work, and additional time is billed in 30 minute increments at the rate stated in the Quotation, subject to Section 4.2.
Parking infractions. Parking fines incurred by our vehicles are our responsibility. Obtaining any parking permit required at your addresses is your responsibility unless the Quotation states otherwise.
Taxes. All prices are exclusive of applicable taxes, which are added at invoicing.
No discounts. We do not issue promotional codes, coupons, or discounts, and we do not price-match. Any variation to standard pricing is recorded in the Quotation.
Gratuities. Gratuities are not expected and are not solicited. Our crews are instructed not to request them.
5. General Payment Terms
Balance. The balance of the invoice is due 48 hours before the Move Date. For inbound long-distance Services, the balance is due 48 hours before the opening of the scheduled pickup window. We are not obliged to commence Services while any amount is outstanding.
Methods. We accept credit card, debit card, electronic transfer, and certified cheque. Where you intend to pay by certified cheque, you must notify us in writing at booking. We do not accept cash for invoice balances.
Authorization; payment method on file. You authorize Yugo to charge amounts properly owing under these Terms and the Quotation to the payment method you provide. Where we retain a payment method on file, we will charge it only after giving you not less than 48 hours' written notice of the amount and the reason for the charge. You may withdraw this authorization in writing at any time upon providing an alternative payment method. We may use a third-party payment processor and you authorize us to share your information with that processor for the purpose of processing payment.
Pre-authorization. Where you pay by credit card, we may seek pre-authorization prior to the Move Date to verify that the card is valid and has sufficient available credit.
Interest. Overdue amounts bear interest at 1.5% per month, being 19.56% per annum, calculated from the due date until paid.
Collection. Where an amount remains unpaid 30 days after the due date and written notice has been given, we may refer the account to a licensed collection agency, and you are responsible for reasonable costs of collection to the extent permitted by law.
Chargebacks. Where you initiate a chargeback in respect of Services performed without first raising the matter with us under Section 13, we may respond with the signed Bill of Lading, delivery records, and photographic documentation.
6. Cancellation, Rescheduling, & Postponement
Cancellation by you. Notice must be given in writing to your coordinator. Deposits are treated as follows:
a. More than [3] business days before the Move Date: Refunded in full
b. 1 to 3business days before the Move Date: Retained
c. Less than 1 business day before the Move Date, or on the Move Date: Retained, plus 50% of the Quotation valuePeak dates. For Move Dates falling between the 25th and the 31st of any month, or between the 1st and the 2nd of any month, each notice period in Section 6.1 is extended by 2 business days.
Rescheduling. One rescheduling with not less than 3 business days' written notice is accommodated without charge, subject to availability, and the deposit is applied to the rescheduled date.
Postponement without a date. Where you postpone without confirming a new Move Date, we hold the deposit for 60 days from the original Move Date. If no new Move Date is confirmed within that period, the deposit is refunded and any subsequent booking requires a new deposit.
Materials. Cancellation or rescheduling of a materials delivery or collection requires not less than one business day's notice, failing which a handling charge of $290 applies.
Cancellation by us. We may cancel or reschedule Services where a Force Majeure Event under Section 26.9 occurs, where conditions at either address render performance unsafe, or where Section 21.2 applies. In each case, amounts paid in respect of Services not performed are refunded in full, and that refund is your sole remedy.
Refunds. Refunds are issued to the original payment method within 14 business days.
7. Your Obligations & Representations
You will provide a complete and accurate Inventory and accurate information regarding access at both addresses, and will notify us promptly of any change.
You, or a representative appointed by you in writing, will be present at the origin and destination addresses, except where Unattended Services are arranged under Section 10.5.
You will empty furniture, including dressers, drawers, refrigerators, and freezers, before our crew arrives, except where packing Services are included in the Quotation.
You will disconnect all electronics and appliances. Our crews do not connect or disconnect electrical, gas, or plumbing services and do not perform wall or ceiling mounting of any kind, all of which require licensed trades.
Where you pack goods yourself, you will use containers appropriate to the contents, and no carton will exceed 35 lb. Section 12.6 governs liability for goods packed by you.
You will secure elevator reservations, loading dock access, entry codes, and permits, except where the Quotation states we are obtaining them.
You will inspect your premises and goods before, during, and immediately following the Services, and will sign the Bill of Lading at the origin and destination addresses.
You represent and warrant that no goods tendered to us are subject to a lien, security interest, or dispute as to ownership, and that you are entitled to give the instructions you give.
Where the Services concern goods shared with, or claimed by, another person, including in the context of separation, divorce, estate administration, or shared tenancy, you are solely responsible for determining which goods are to be moved. We move the goods listed on the Inventory and are not responsible for determining ownership or for communicating with any other party.
8. Excluded & Prohibited Items
Dangerous goods. We do not transport or store dangerous goods, including flammable liquids and fuels, propane and other compressed gas cylinders unless certified empty, aerosols, fireworks, explosives, ammunition, firearms, corrosives, solvents, or industrial chemicals. This exclusion reflects the requirements of the Transportation of Dangerous Goods Act, 1992 (Canada) and its regulations.
Living things. We do not transport animals, fish, aquariums containing water or occupants, or plants exceeding 200 cm in height. Plants may be transported locally within 250 kilometres in appropriate containers at your risk as to their survival. We do not transport live plants on long-distance Services.
High-value personal items. We do not transport currency, jewellery, precious metals, securities, passports, identity documents, wills, or irreplaceable personal records. Where such items are tendered contrary to this Section, we have no liability in respect of them.
Perishables. We do not transport perishable or opened food except where refrigerated same-day transport is agreed in writing. We have no liability in respect of food safety in any circumstance.
Medication and medical equipment. We do not transport prescription medication or medical equipment required for your health.
Other exclusions. We do not move waterbeds or aquariums that are not fully empty; we do not assemble flat-pack or boxed furniture; and we do not reassemble items disassembled by any person other than our own crew.
Right to refuse. Our crew lead may refuse to handle any item where, in their reasonable judgment, it cannot be handled safely having regard to the safety of persons present, the condition of the item, and the risk of damage to the premises. That determination is made on site and is final.
9. Access, Permits, & Certificates of Insurance
Where a building requires a certificate of insurance, you must notify us at booking and provide the building's requirements. We will obtain a certificate from our insurer at no additional charge for confirmed bookings.
Where we attend and a certificate of insurance is required but was not requested, we may be unable to perform the Services, and Section 6.1 applies as though you had cancelled on the Move Date.
Masonite and other building-mandated floor or wall protection is not included in standard pricing. Requests must be made not less than 72 hours before the Move Date and are quoted separately.
You are responsible for the accuracy of all access information, including elevator dimensions and availability, dock hours, stair counts, and parking restrictions.
10. Performance of the Services
Standard of performance. We will perform the Services with reasonable skill and care and in accordance with the level of Service stated in the Quotation.
Documentation. Our crew documents the condition of the premises and of significant goods at the origin and destination addresses by photograph and by notation on the Bill of Lading. Pre-existing damage recorded and initialled at origin is excluded from liability under Section 12.5.
Specialty Items. "Specialty Items" means goods requiring specialist equipment, crating, climate management, or trained handling, including pianos and large instruments, fine art, sculpture, antiques, wine collections, safes, chandeliers, stone and marble surfaces, oversized mirrors and framed works, and any item exceeding 250 lb. Specialty Items must be disclosed at booking and are quoted separately. Where a Specialty Item is disclosed with less than [4] business days' notice before the Move Date, we may decline to handle it.
Specialty Item conditions. Pianos require tuning and regulation following transport; this is inherent to transport and is not a defect. We do not warrant against the effects of movement on wine, including bottle shock. You are responsible for confirming that the transport and storage of alcohol between the relevant jurisdictions is lawful and for holding any required permit. Safes are assessed in advance for weight, dimensions, floor loading, and access, and we may require structural confirmation before moving a safe above ground level.
Unattended Services. Where arranged in writing at booking, we will perform Services in your absence, subject to the following: (a) we move only goods listed on the Inventory, and goods not listed are left in place; (b) we photograph the premises and shipment at both addresses in place of your inspection; (c) you or your representative must be reachable by telephone and available for video contact at agreed intervals; (d) you must sign the Bill of Lading electronically at both stages; and (e) we return keys and access devices only to the person you designate in writing and are not responsible for the security of either premises, for locking or arming the premises, or for any claim of theft or loss of keys.
Placement. The Services include placing each item once in the location you direct. Repeated rearrangement following placement is a separate chargeable Service.
Appliances and electronics. Transport necessarily involves tilting and vibration which may disturb internal components. We do not warrant the internal components of any appliance or electronic device. Televisions are function-tested and recorded on the Bill of Lading at both addresses. Where a television functions at origin, does not function at destination, and displays no external damage, we have no liability. We will dismount one wall-mounted television without charge where disclosed at booking; each additional dismount is $70. We do not perform mounting of any kind.
Assembly and disassembly. Where a manufacturer requires authorized disassembly or reassembly, arranging that is your responsibility, and we will transport the disassembled components. You are responsible for providing assembly instructions for complex items.
Disposal. Disposal Services are available where requested at booking and are quoted separately. Curbside disposal is performed only in accordance with municipal collection rules, and you remain responsible for any municipal or building charge or fine arising from disposal you requested. We do not remove items not identified for disposal at booking.
Arrival windows. Arrival windows are estimates. Traffic, weather, building delays, and preceding engagements may affect timing.
11. Storage Services
Where storage is provided, goods are held at our facility or a facility designated by us, at the rate and for the minimum term stated in the Quotation. Storage charges are payable monthly in advance.
An inventory is prepared on intake and provided to you.
Declared Valuation under Section 12 applies to stored goods. You are responsible for arranging any additional insurance in respect of goods in storage.
We do not accept into storage any goods excluded under Section 8.
Lien. We reserve a lien over stored goods for unpaid storage, handling, and related charges, exercisable in accordance with applicable law following written notice. Where charges remain unpaid 60 days after notice, we may deal with the goods in accordance with applicable law, including by sale, and will remit any surplus after costs to you.
We are not obliged to release goods while any amount is outstanding. Access to stored goods requires 2 business days' notice.
12. Declared Valuation & Limitation of Carrier Liability
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE AMOUNT WE PAY IF YOUR GOODS ARE LOST OR DAMAGED.
Nature of Declared Valuation. "Declared Valuation" means the contractual limit of our liability as a carrier for loss of or damage to goods in our custody. DECLARED VALUATION IS NOT INSURANCE. YUGO IS NOT AN INSURER AND DOES NOT PROVIDE INSURANCE.
Levels. The Declared Valuation applicable to your Services is stated in the Quotation and is one of the following:
a. Level | Limit of liability |Maximum per shipment
Standard | $0.60 per pound per item | $15,000
Premium |Repair of the item, or $1.50 per pound per item, at our election $35,000
Enhanced| $5.00 per pound per item | $50,000Default. Unless you select otherwise in writing before the Move Date, the Standard level applies. The Standard level is calculated by weight, not by value, and may be substantially less than the replacement value of an item. By way of illustration, an item weighing 100 lb is limited to $60 regardless of its actual value.
Election of a higher level. Premium and Enhanced Declared Valuation may be included with certain levels of Service or purchased separately, as stated in the Quotation. Any election must be made in writing before the Move Date and cannot be made on or after the Move Date.
Pre-existing damage. We have no liability in respect of damage recorded and initialled at the origin address under Section 10.2.
Goods packed by you. We have no liability in respect of loss of or damage to goods packed by you, or to fragile goods packed without appropriate protective materials. Fragile goods include glass, mirrors, stone, marble, ceramics, lamps and shades, framed works, and screens. Where you decline protective materials or crating recommended by us, we may require you to sign an acknowledgment before transporting the goods.
Sets. Where an item forming part of a set is lost or damaged, the limit applies to that item alone and not to the set.
Third-party insurance. You may purchase insurance from a licensed insurer in respect of high-value goods. Such insurance must be in place not less than 72 hours before the Move Date and cannot be arranged on or after the Move Date. You may not recover in respect of the same loss both under such a policy and under these Terms.
Exclusions. We have no liability for goods excluded under Section 8, for consequential loss under Section 24, or for loss or damage arising from your breach of Section 7.
Preservation. Nothing in this Section limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or to any extent that applicable law does not permit liability to be limited or excluded.
13. Claims Procedure
Notice. You must notify us of any loss of or damage to goods as soon as reasonably practicable and in any event within 7 days of delivery, and of any damage to premises within 24 hours. Notice may be given to your coordinator or to claims@itsyugo.com. These notice periods are provided so that we may inspect and investigate promptly. For consumers, they are not limitation periods and do not affect your rights under Section 27.4.
Submission. Claims are submitted at itsyugo.com/claims together with photographs, the Bill of Lading, and supporting documentation.
Process. We will acknowledge a claim within 7 business days, assign a single point of contact, complete our investigation within 30 days where practicable and in any event within 120 days, and provide a written disposition. We may extend the investigation period by a further 60 days where the claim cannot reasonably be determined within 120 days, on written notice to you.
Resolution. Where an item can be professionally repaired or restored, we may elect repair or restoration in lieu of payment.
Delay credit. Where we arrive after the confirmed pickup window other than by reason of a Force Majeure Event or your act or omission, we will credit 5% of the Service fee for each complete hour of delay, to a maximum of 8%.
Open claims. Where a claim is open before completion of the Services, any refund or credit is determined and settled following completion of delivery.
Payment of claims. Claims are settled only where the invoice has been paid in full.
14. Website, Content, & Proprietary Rights
The website, the Services, and all text, graphics, photographs, video, interfaces, design, compilations, data, and software made available by us (collectively, "Materials") are owned by Yugo or its licensors and are protected by copyright, trademark, and other laws. The marks YUGO, THE ART OF MOVING, and associated logos are trademarks of HELLOYUGO Inc. Except as expressly authorized by us in writing, you may not reproduce, distribute, publicly display, publicly perform, modify, or create derivative works of the Materials. No implied licences are granted and we reserve all rights not expressly granted in these Terms.
15. Communications
Text messaging. You agree that Yugo and those acting on our behalf may send text (SMS) messages to the number you provide, including operational messages regarding your booking, crew status, arrival, and delivery, and, where you have consented, marketing messages. Standard message and data rates may apply. To opt out of marketing messages, reply STOP or email hello@itsyugo.com. Opting out of operational messages may affect our ability to perform the Services
Email. We may send you emails concerning your booking and, where you have consented, our services and news. You may withdraw consent to commercial electronic messages at any time using the unsubscribe link in any such message, in accordance with Canada's Anti-Spam Legislation.
Electronic communications. You consent to receiving notices, agreements, disclosures, and other communications from us electronically, and you agree that such communications satisfy any legal requirement that they be in writing.
Recording. Telephone calls with our coordinators may be recorded for quality and training purposes, and you will be notified at the outset of any recorded call.
16. Prohibited Conduct
BY USING THE SERVICES YOU AGREE NOT TO:
Use the Services for any unlawful purpose or in violation of any applicable law;
Tender for carriage or storage any goods excluded under Section 8, or any goods you are not entitled to tender;
Misrepresent the Inventory, the value or nature of any goods, or the access conditions at either address;
Subject any member of our personnel to harassment, discrimination, threat, violence, or abusive conduct;
Direct our personnel to perform work that is unsafe, unlawful, or outside the scope of the Quotation;
Offer or provide alcohol or any controlled substance to our personnel;
Reproduce, scrape, or make commercial use of the Materials except as permitted under Section 14;
Attempt to do any of the foregoing, or assist or permit any person to do so.
17. Confidentiality & Personal Information
Confidentiality. We treat your identity, address, Inventory, schedule, and any information observed by our personnel in the course of the Services as confidential, and our personnel are contractually bound to the same obligation. We will not disclose whether any person is or has been a client, and will not respond to third-party enquiries regarding your Services without your written authorization, except where disclosure is required by law or is necessary to perform the Services or to defend a claim.
Personal information. Our collection, use, retention, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into and made part of these Terms and which complies with the Personal Information Protection and Electronic Documents Act.
Documentation. Photographs and records created under Sections 10.2 and 10.5 are retained as business records for 7 years and are not published or used for marketing.
Marketing use. We will not photograph or publish any image of you, your premises, or your goods for marketing, editorial, or promotional purposes without your separate written consent. Such consent is optional, is not a condition of the Services, is limited to the uses described in it, and may be withdrawn at any time before publication. Where consent is withdrawn after publication, we will remove the material from channels under our control within 10 business days.
Third-party engagement. Where the Services are procured on your behalf by a designer, brokerage, property manager, employer, or other intermediary, we disclose to that intermediary only such information as is necessary to perform and invoice the Services.
18. Non-Solicitation
For a period of 12 months following completion of the Services, you will not, directly or indirectly, solicit for employment or engagement any Yugo employee who attended your Services, other than by way of a general public advertisement not directed at our personnel. Where this Section is breached and a Yugo employee is engaged by you, you will pay us a placement fee equal to three months' compensation for that individual, which the parties agree is a genuine pre-estimate of our recruitment, screening, and training loss and is not a penalty. Section 28.7 varies this period for Business Clients.
19. Subcontractors
We may engage subcontractors to perform any part of the Services, including long-distance transport, crating, conservation, climate-controlled transport, and storage. Subcontractors are bound to our confidentiality and handling requirements. Our liability to you in respect of Services performed by a subcontractor is as set out in Sections 12 and 24, and you will bring any claim against us and not against the subcontractor.
20. Modification of Terms
We may modify these Terms from time to time. Revisions are effective upon posting to itsyugo.com/terms and apply to bookings made after that date. Revisions do not apply retroactively to a booking for which a deposit has already been paid; that booking continues to be governed by the version of these Terms in effect on the date of the deposit. Superseded versions are archived and available on request. Except as permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of both parties.
21. Term, Suspension, & Termination
Term. These Terms take effect when you first request a Quotation, pay a deposit, or otherwise use the Services, and continue until the Services are complete and all amounts are paid, subject to the survival of the Sections listed in Section 21.3.
Suspension and termination by us. We may suspend or terminate the Services, in whole or in part, and decline to continue at any address, where: (a) any amount is overdue; (b) premises or goods present a health or safety hazard, including pest infestation or unsanitary conditions; (c) any person at either address subjects our personnel to conduct described in Section 16.4; (d) you have materially misrepresented the Inventory or access conditions; or (e) continuing would require us to breach applicable law. Where we terminate under this Section, you remain liable for Services performed and for reasonable costs incurred, and Section 6.6 does not apply.
Survival. Sections 5, 12, 13, 14, 17, 18, 19, 21.3, 22, 23, 24, 25, 26, and, as applicable, 27 and 28 survive termination or completion.
22. Indemnity
To the fullest extent permitted by law, you will defend and indemnify Yugo, its affiliates, and their respective shareholders, directors, officers, employees, contractors, and agents (together, the "Yugo Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable legal fees, arising out of or connected with: (1) your breach of these Terms; (2) any inaccuracy in the Inventory or in the access information you provide; (3) goods tendered by you in breach of Section 7.8 or Section 8; (4) any claim by a third party asserting ownership of or rights in goods you instructed us to move; (5) any fine, charge, or penalty imposed by a building, municipality, or authority arising from your act or omission; or (6) your violation of any applicable law or the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in that case you agree to cooperate with our defence.
23. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, YUGO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED WITHIN ANY PARTICULAR TIME WINDOW, THAT ARRIVAL ESTIMATES WILL BE MET, OR THAT THE WEBSITE OR ANY TRACKING TOOL WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERROR
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YUGO OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
THE DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW, INCLUDING UNDER SECTION 27
24. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE YUGO ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, BUSINESS, OPPORTUNITY, OR GOODWILL, LOST WAGES, ACCOMMODATION COSTS, CONTRACTOR CHARGES, OR PENALTIES ARISING FROM DELAY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE YUGO ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF: (a) THE APPLICABLE DECLARED VALUATION DETERMINED UNDER SECTION 12; AND (b) THE AMOUNT YOU HAVE PAID TO YUGO FOR THE SERVICES GIVING RISE TO THE CLAIM.
EACH PROVISION OF THESE TERMS PROVIDING FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY, OR EXCLUSION OF DAMAGES ALLOCATES RISK BETWEEN THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN. EACH IS SEVERABLE AND INDEPENDENT, AND THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NOTHING IN THIS SECTION LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR TO ANY EXTENT NOT PERMITTED BY APPLICABLE LAW, AND THIS SECTION IS SUBJECT TO SECTION 27.
25. Dispute Resolution & Arbitration
Application. This Section does not apply to consumers resident in Ontario, whose rights are set out in Section 27.5. For all other parties, including Business Clients under Section 28, this Section applies.
Informal resolution first. Before commencing arbitration, a party must send written notice of the dispute to the other, describing the nature and basis of the claim and the relief sought. The parties will make good faith efforts to resolve the matter directly. If no resolution is reached within [30] days of receipt of that notice, either party may commence arbitration.
Arbitration. Any dispute arising out of or in connection with these Terms or the Services that is not resolved under Section 25.2 will be finally resolved by binding arbitration before a single arbitrator, seated in Toronto, Ontario, conducted in English, under the Arbitration Act, 1991 (Ontario). Judgment on the award may be entered in any court of competent jurisdiction
Exceptions. Nothing in this Section prevents either party from: (a) bringing an individual claim in the Small Claims Court of Ontario; (b) seeking injunctive relief in aid of arbitration; or (c) commencing proceedings to enforce a lien under Section 11.5 or to recover an undisputed unpaid amount.
No class proceedings. SUBJECT TO SECTION 27, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PARTY.
Enforceability. If Section 25.5 or the whole of this Section is held unenforceable in respect of a party, this Section is void as to that party and Section 26.2 governs.
26. Miscellaneous
Entire agreement. These Terms, together with the Quotation, the Bill of Lading, the Privacy Policy, and any signed Preferred Vendor Agreement, constitute the entire agreement between you and Yugo and supersede all prior discussions and representations, save that nothing excludes liability for fraudulent misrepresentation. Where a signed Preferred Vendor Agreement conflicts with these Terms, the signed agreement prevails.
Governing law and forum. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts of Ontario for any proceeding permitted under these Terms.
Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms at any time on notice to you, including in connection with a corporate reorganization or sale of the business.
Severability. If any provision is held invalid or unenforceable, that provision is given effect to the greatest extent permissible and the remaining provisions continue in full force.
No waiver. A failure to require performance of any provision does not affect the right to require performance at any later time, and a waiver of any breach is not a waiver of any subsequent breach or of the provision itself.
Interpretation. Headings are for convenience only. "Including" means "including without limitation." References to a statute include its regulations and any successor legislation.
Notices. Notices to us must be sent to legal@itsyugo.com and to 507 King St. East, Toronto, ON. M5A 1M3. Notices to you are sent to the email or postal address in your Quotation and are effective when sent, absent notification of delivery failure.
Regulatory status. We operate under a valid Commercial Vehicle Operator's Registration issued by the Ontario Ministry of Transportation in respect of vehicles requiring one under the Highway Traffic Act, and we maintain commercial general liability and cargo coverage with licensed insurers. Certificates are available on request.
Force Majeure. "Force Majeure Event" means any event beyond a party's reasonable control, including severe weather, flood, fire, epidemic, public health measure, government order, labour disruption, civil disturbance, road closure, utility or telecommunications failure, and the act or omission of a building operator. Neither party is liable for delay or non-performance caused by a Force Majeure Event. Where such an event prevents performance, we will reschedule at the earliest available date and, where the Services cannot be performed, refund amounts paid in respect of Services not performed.
Language. These Terms are drawn in the English language at the express request of the parties. Les parties ont expressément demandé que ce document soit rédigé en langue anglaise.
Contact. The Services are offered by HELLOYUGO Inc., 507 King St. East, Toronto, Ontario, Canada. You may contact us at hello@itsyugo.com or (647) 370-4525.
27. Additional Terms for Ontario Consumers
This Section applies where you are an individual acting for personal, family, or household purposes and is subject to the Consumer Protection Act, 2002 (Ontario). Where this Section conflicts with any other provision of these Terms, this Section prevails.
Non-waiver of statutory rights. The substantive and procedural rights given to you under the Consumer Protection Act, 2002 apply despite any agreement or waiver to the contrary.
Estimates. Where the Quotation contains an estimate, we will not charge you an amount exceeding the estimate by more than 10 per cent unless you agree in writing to an amended estimate because you require additional or different services. Section 4.2 is the mechanism by which we give effect to this.
Warranty of quality. We are deemed to warrant that the Services are of a reasonably acceptable quality.
Time limits. The notice periods in Section 13.1 do not shorten the time within which you may commence a legal proceeding, which is governed by the Limitations Act, 2002.
Dispute resolution. Section 25 does not apply to you. Nothing in these Terms requires you to arbitrate, prevents you from commencing a proceeding in the Superior Court of Justice, or prevents you from commencing or joining a class proceeding. After a dispute has arisen, you and Yugo may agree to resolve it by mediation or arbitration, and any such agreement is binding once made.
Ambiguity. Any ambiguity permitting more than one reasonable interpretation of these Terms is interpreted to your benefit.
Copy of the agreement. Where your agreement with us was entered into remotely and you did not receive a copy containing the information required by law, you may have additional cancellation rights. Contact us and we will provide a copy without delay.
Complaints. You may contact the Ontario Ministry of Public and Business Service Delivery and Procurement regarding a complaint about a consumer transaction.
28. Additional Terms for Business Clients
This Section applies where you engage us for business purposes, including as a designer, retailer, gallery, developer, property manager, brokerage, or corporate account (a "Business Client"). You are not a consumer within the meaning of the Consumer Protection Act, 2002, Section 27 does not apply to you, and the following provisions apply in addition to and, where inconsistent, in place of the foregoing.
Limitation period. These Terms constitute a business agreement within the meaning of section 22(6) of the Limitations Act, 2002. Any claim arising out of or in connection with the Services must be commenced within [one] year of the date on which the claim was discovered, and the basic limitation period is varied accordingly.
Notice as condition precedent. Notice under Section 13.1 is a condition precedent to any claim.
Liability. Section 24.2 applies without modification, and we have no liability for indirect, consequential, or economic loss of any kind.
End clients. Where you engage us in respect of goods belonging to your own client, you represent and warrant that you are authorized to do so and to bind that person to these Terms in respect of their goods, and you indemnify us under Section 22 in respect of any claim by that person.
Insurance. You are responsible for maintaining insurance appropriate to the value of goods tendered. Declared Valuation is not a substitute for insurance.
Arbitration. Section 25 applies in full, including Section 25.5.
Non-solicitation. Section 18 applies with a period of 24 months
Credit terms. Where credit terms are extended under a Preferred Vendor Agreement, invoices are due net 15 days and Section 5.5 applies from the due date.
Precedence. A signed Preferred Vendor Agreement or master services agreement prevails over this Section to the extent of any inconsistency