Acceptance of Terms
These Terms of Service ("Terms") constitute a legal agreement between you and WAREX Inc. ("WAREX", "we", "our", or "us"). By accessing, browsing, and using the WAREX website and platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.
WAREX reserves the right to modify these Terms at any time. Changes become effective immediately upon posting to the website. Your continued use of our services following any modifications constitutes your acceptance of the updated Terms.
Description of Service
WAREX provides a warehouse brokerage platform that connects businesses with warehouse space operators across Canada. Our service includes:
- Matching your business with suitable warehouse facilities
- Facilitating communication between you and warehouse operators
- Providing logistics and dock scheduling tools through DockLink
- Negotiating lease terms on your behalf
- Offering fulfillment and logistics coordination services
- Platform support and customer assistance
WAREX acts as a broker between you and warehouse operators. We are not a warehouse operator ourselves and do not own or operate the facilities listed on our platform. We do not guarantee that any particular warehouse will be available or that lease agreements will be finalized.
User Accounts
To use WAREX services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- You represent that you are at least 18 years old and have the legal authority to enter into these Terms
- You agree to provide accurate information during registration and maintain current information
- You are responsible for safeguarding your account credentials and password
- You must notify us immediately of any unauthorized account access
- WAREX is not liable for losses resulting from unauthorized account access if you fail to maintain password security
Use of Service
Permitted Uses
You may use WAREX services only for legitimate business purposes related to finding, evaluating, and leasing warehouse space.
Prohibited Conduct
You agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Attempt to gain unauthorized access to our platform or systems
- Transmit viruses, malware, or harmful code
- Engage in harassment, abuse, or threatening behaviour
- Submit false, fraudulent, or misleading information
- Interfere with or disrupt our platform or services
- Use automated tools or bots without authorization
- Attempt to reverse-engineer or circumvent security measures
- Share your account with unauthorized individuals
- Engage in competitive intelligence gathering or corporate espionage
Warehouse Listings
Accuracy of Information
While we strive to provide accurate information about listed warehouses, we do not guarantee the accuracy, completeness, or currency of all listing information. Warehouse details may change, and availability may be limited.
Verification Process
All warehouses listed on WAREX undergo verification including facility inspection, insurance verification, and compliance checks. However, we do not guarantee that all facilities meet specific performance standards.
No Guarantee of Terms
WAREX does not guarantee that you will secure a lease with any particular warehouse, that terms will be available as listed, or that facilities will meet your specific needs. Final lease terms are negotiated directly between you and the warehouse operator.
Fees and Payment
Brokerage Fees
WAREX charges a brokerage fee based on the lease value when you execute a lease agreement with a warehouse facility. The fee is disclosed prior to lease execution and is payable according to the terms specified in your lease agreement.
Payment Terms
Payment must be made through the payment methods accepted by WAREX. We reserve the right to decline payment or terminate services if payment is not received.
Refund Policy
Brokerage fees are non-refundable once a lease agreement has been executed. If a lease is terminated early or cancelled, the full brokerage fee remains due unless a written agreement states otherwise.
Taxes
All fees are subject to applicable sales taxes, HST, and other governmental charges unless you provide valid tax exemption documentation.
Intellectual Property
WAREX IP
All content, features, and functionality of WAREX, including the WAREX name, logo, DockLink platform, and proprietary systems, are owned by or licensed to WAREX and are protected by copyright, trademark, and other intellectual property laws.
License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use WAREX services for your personal business purposes. You may not reproduce, distribute, modify, or create derivative works without written permission.
User Content
Any information or content you submit to WAREX becomes our property and may be used for service improvement and analytics. You represent that you own or have rights to all content you provide.
Limitation of Liability
Disclaimer
WAREX services are provided "as is" without warranties of any kind. We disclaim all express and implied warranties including merchantability, fitness for a particular purpose, and non-infringement.
Liability Cap
Except where prohibited by law, WAREX's total liability for any claims arising from these Terms or your use of our services shall not exceed the total fees paid by you in the 12 months preceding the claim.
Excluded Damages
WAREX is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption, even if advised of the possibility of such damages.
Third-Party Services
WAREX is not responsible for the actions, omissions, or performance of warehouse operators, service providers, or other third parties. Your relationship with them is independent of WAREX.
Indemnification
You agree to indemnify, defend, and hold harmless WAREX and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of WAREX services
- Your violation of these Terms
- Your violation of any applicable laws or third-party rights
- Information or content you provide to WAREX
- Your interactions with warehouse operators or service providers
Termination
Right to Terminate
WAREX may terminate or suspend your account and access to services immediately and without notice if:
- You violate these Terms or any applicable laws
- You engage in fraudulent or illegal activity
- You breach payment obligations
- You repeatedly violate our policies
Effect of Termination
Upon termination, your right to use WAREX services ceases immediately. Outstanding fees and other obligations remain due. Provisions that survive termination include Intellectual Property, Limitation of Liability, Indemnification, and Governing Law.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario.
Dispute Resolution
Good Faith Negotiation
Before initiating legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiation.
Arbitration
If negotiation fails, any dispute shall be resolved through binding arbitration administered by a mutually agreed upon arbitrator or arbitration service. The arbitration shall be conducted in accordance with Canadian arbitration law and shall take place in Toronto, Ontario.
Exceptions
Either party may seek injunctive relief for intellectual property infringement or to prevent irreparable harm without pursuing arbitration.
Changes to These Terms
WAREX reserves the right to modify these Terms at any time. We will notify you of material changes by email or by posting a notice on our website. Your continued use of WAREX services following notification of changes constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically for updates.
Contact Information
If you have questions about these Terms of Service, please contact us:
- Email: legal@thewarex.ca
- Mailing Address: WAREX Inc., Legal Department, Toronto, ON, Canada (mailing address available on request)
- Response Time: We will respond to inquiries within 5 business days