In order to facilitate delivery or release of a shipment, FedEx may, at its sole discretion, offer certain delivery options and functionality to residential Recipients through FedEx Delivery Manager. FedEx may make future changes or modifications to these terms at any time without notice, and subsequent use of FedEx Delivery Manager by Recipient will constitute agreement to the changes and modifications. “FedEx” means Federal Express Canada Corporation, FedEx Ground Package System, Ltd., their ultimate parent company and affiliates.
As a condition for approval to register for and use FedEx Delivery Manager, Recipient agrees to these terms:
1. Recipient represents and warrants that Recipient: resides at the address provided for enrolment; is authorized to enrol and receive shipments at the address; will only register for himself/herself; will only register nicknames that are associated with Recipient’s name and identity; is 13 years of age or older.
2. For each shipment, Recipient represents and warrants that Recipient is authorized by the Shipper to use or request the FedEx Delivery Manager options and functionality.
3. The contract of carriage governed by the Terms and Conditions in the applicable FedEx Service Guide shall at all times remain with the Shipper, as that term is defined in the FedEx Service Guide, and nothing in these FedEx Delivery Manager Terms shall be construed to create a contract of carriage with the Recipient.
4. In no event shall FedEx, including, without limitation, agents, contractors, employees and affiliates, be liable for any damages, including but not limited to special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not FedEx had knowledge that such damages might be incurred, from honouring, or our failure to honour, any request for delivery instructions, preferences, delivery suspension, routing instruction or other delivery request from the Recipient.
5. If the Shipment Release option is selected, Recipient authorizes FedEx to leave the shipment, and any other eligible shipment available for delivery, at the Recipient’s location and releases FedEx from all liability for any loss or damage that may result from leaving the shipment at Recipient’s request.
6. If Recipient provides delivery instructions, preferences, or requests to suspend deliveries for their address, Recipient releases FedEx from all liability for any loss or damage that may result from FedEx following the delivery instructions, preferences, or requests to suspend deliveries.
7. Recipient understands that FedEx Delivery Manager calendar and tracking visibility will be based on information readily available to FedEx, that it may be limited, estimated or incomplete and that such information may change or be modified.
8. Recipient agrees not to sue FedEx as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against FedEx regarding FedEx Delivery Manager.