Warning: "Pay As You Go" Contract Contains Potentially Void Class Action Waiver (Clause 18)
I am writing this to expose a concerning legal tactic PenguinPickUp uses against Ontario consumers. Even for simple "Pay As You Go" transactions, users are forced to sign a document titled "Subscription Agreement" to access their parcels.
The Issue:
Hidden in the fine print is Clause 18, which demands that customers "waive any right you may have to... commence or participate in any class action."
Why This Is Deceptive:
While they explicitly exclude Quebec residents from this clause (because they know it is strictly illegal there), they attempt to force this waiver on Ontario residents. However, under Ontario's Consumer Protection Act, 2002, clauses that force consumers to waive their rights to class proceedings are generally void and unenforceable.
It appears PenguinPickUp includes this clause not because it is legal, but to intimidate customers into thinking they cannot sue if the company loses or damages their property. This is a "bullying" tactic designed to silence consumers.
Verdict:
Use this service if you must, but be aware that Clause 18 is likely a "paper tiger." Do not let their user agreement fool you into thinking you have signed away your statutory rights.








