ShipTime Canada Inc. (“ShipTime”, “we”, or “us”) provides a service which, amongst other things, allows you as a user (a “user” or “you”) to process and manage shipments using third-party shipping services (each a “Shipping Provider”). For greater certainty, (“Services”) shall include any service or product we make available to or perform for you through the ShipTime application. The web page at https://shiptime.com/, https://app.shiptime.com, all linked pages and/or extensions under such domain, and any mobile applications or desktop applications made available to you by us, together form the application (“Site”).
This document sets forth the terms and conditions that apply to your use of the Site. By using or accessing the Site and/or the Services, whether manually or by automated means, you agree to these terms.
Relationship with ShipTime
You acknowledge and agree that ShipTime enables you to receive Services from authorized third-party providers. You acknowledge that your ability to receive Services from a Shipping Provider does not establish ShipTime as the provider of such Services.
Changes to this Agreement
We may revise these Terms from time to time and the most current version will always be posted to our website. If a revision is, in our sole discretion, material we will notify you at the primary email address on your account. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please do not use the Site and/or Services.
General Use and Site License
The Site and Services are intended for use only by those individuals who are of the age of majority in their jurisdiction. If you are not of the age of majority in your jurisdiction, you are not authorized to use the Site or Services without the permission and supervision of your parent, legal guardian or employer. If you are under the age of majority, you warrant that you have the express permission of your parent or legal guardian to use the Site and the Services. If you are a parent, legal guardian or employer and have authorized a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Site and/or Services by the minor.
You are solely responsible for your interactions with other users of the Site and Services (including Shipping Provider). We reserve the right, but are under no obligation, to monitor disputes between you and other users, including between you and a Shipping Provider.
You agree that you are responsible for obtaining and maintaining all computer software, computer hardware, and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damages to your or any user’s equipment, or for any data charges resulting from the use of the Site or Services.
General Services Rules
Prices quoted are based on the information that is provided when you are preparing a shipment on our Site, including the dimensions and scale weight of the item you wish to ship. Notwithstanding the foregoing, you agree and acknowledge that the billable weight of the shipment is based on the larger of the scale or the cubic weight. Cubic weight or dimensional weight will be based on the relevant Shipping Provider’s formula for dimensional weight calculations. ShipTime will provide the appropriate quote for the scale or cubic weight.
The savings percentage advertised represents a discount of up to xx% on your shipping rate (base and fuel) vs the retail rate of the shipping courier. The shipping discount may vary based on accessorial options selected. In some instances, the savings % can exceed the advertised up to xx%. The savings percentage is subject to change at any time.
ShipTime facilitates the provision of insurance for the Services. If desired, you may request insurance be provided by indicating an insurance (declared) value. Insurance is facilitated by ShipTime and provided by ShipSurance Insurance Services Inc. (“ShipTime Insurance”). The pricing for insurance is as communicated to you at the time of the quote and may vary depending on the type of Services to which the insurance relates. ShipTime provides in ShipTime Insurance terms and conditions a list of excluded items that are not insurable. It is your responsibility to review this list and the terms and conditions and to be aware of the insurability of the items you are shipping. Claims for excluded items will not be accepted.
In the event that you opt to purchase insurance via ShipTime, the terms and conditions of Shipsurance Insurance Services Inc. will apply and are available to you during the quoting process. The Shipsurance terms and conditions can also be viewed here. Should you have a claim under the Shipsurance policy, ShipTime will direct you to work directly with our provider throughout the claim process.
Shipments that do not have a declared value or insured value are not insured. Uninsured shipments are not covered by ShipTime or Shipsurance therefore are not allowable for claims.
Bring Your Own Rates (BYOR)
ShipTime can facilitate the use of your own Shipping Provider account through the ShipTime platform. Shipments processed via the ShipTime platform using your own account will be billed as per your terms and conditions with the Shipping Provider of choice. ShipTime Insurance can be purchased by inputting an insurance (declared) value. Any applicable insurance fees will be collected by ShipTime.
Referrer: A current ShipTime customer who refers a new customer to ShipTime.
Referee: A new customer who signs up for ShipTime through a referral.
ShipCash: A rewards currency exclusive to ShipTime, applicable for use within our platform.
Both the Referrer and Referee must have accounts in good standing with ShipTime.
The Referee must be a new customer who has not previously registered with ShipTime.
The Referee will receive $20 in ShipCash upon signing up.
The Referrer will receive $10 in ShipCash once the Referee’s first shipment is completed and not cancelled.
ShipCash is credited in Canadian Dollars (CAD) and can only be used for services offered by ShipTime.
ShipCash cannot be exchanged for cash, transferred, or withdrawn.
ShipCash can be used in conjunction with other ShipTime services and offers unless specified otherwise.
ShipTime reserves the right to verify the eligibility of the Referrer and Referee.
The first shipment by the Referee must not be cancelled. If cancelled, the reward given to the Referrer will be void.
Abuse of the Refer a Friend Program, including multiple referrals of the same individual or other fraudulent activities, may result in the revocation of ShipCash and potential suspension of the account.
Additional adjustments/accessorial fees may be imposed by the Shipping Provider for any errors or omissions in the shipment details or for additional services required to complete the delivery service. Shipping Providers are not required to advise ShipTime of these charges prior to their assessment. These adjustments include, but are not limited to, parcels that are weighed or measured in transit to be larger than indicated, special handling, address corrections, residential surcharges, returns, incorrect package type, redeliveries, storage fees, and waiting time. ShipTime provides a guide during the quoting process as a reference to avoid Service Provider adjustments.
For any adjustment, the default payment method on file with ShipTime will be charged the difference between the price you were quoted based on the shipment details you entered, and the price determined by the Shipping Provider. Should the default payment method on file fail, the original payment method will be used to process the payment of the adjustment amount. If you feel the charges were incorrectly assessed by the Shipping Provider, please contact email@example.com
ShipTime can facilitate a billing dispute between you and the Shipping Provider. Decisions on these cases will be determined by the Shipping Provider based on their conditions of service. Every effort will be made to resolve the disputes in a timely manner and are subject to the volume of requests with both ShipTime and the Shipping Provider.
Disputes must be requested within 60 days of the invoice date.
Requests for refunds of late deliveries apply only to guaranteed services. Guaranteed shipments will be noted at the time of quoting. Estimated delivery days are not guarantees and are provided by the Shipping Provider. These requests must be received within 15 days of the delivery date.
Dangerous and Hazardous Materials
It is not permitted to ship any items considered to be dangerous or hazardous through ShipTime. You agree by using the ShipTime service that you will not ship items considered to be dangerous or hazardous in any quantity.
In the event of a missing or damaged shipment, please use the Site to process your insurance claim. You will be directed to our third party where they will gather the required information. Please refer to the Shipsurance terms and conditions for claim requirements. Documents must be submitted to ShipTime within 60 days of the claim filing date to proceed with a claim case.
Label Generation and Cancellation
Shipping labels are valid for 90 days from the date of creation and are single use only. Cancellation of unused labels is permissible by the customer for 5 days after the creation date. Requests for cancellations of unused labels over 5 days must be requested with ShipTime support. The cost of a cancelled shipment will be refunded to the original method of payment at the time of cancellation. The user is responsible for the information contained on the label. Shipment details are provided at the time of preparation and are available for review prior to completing the shipment.
ShipTime by default provides Services on a pay per shipment basis. ShipTime reserves the right, at its sole discretion to grant credit to a customer that ShipTime determines is creditworthy and meets the volume criteria for a credit account. As a condition of granting any level of credit to a customer, ShipTime reserves the right to require customers to provide current financial information, as requested by ShipTime, for review. Unless otherwise noted by ShipTime, all invoices, bills and other statements of account are denominated in Canadian currency.
ShipTime may elect to increase, decrease, restore or refuse to restore granted levels of credit.
You understand you will be responsible for paying all fees and applicable taxes associated with using the Services. You will be responsible for paying any duty, taxes, or brokerage fees applicable to the purchases that you make using the Site and/or Services. Overdue payments bear interest at the rate of 19.9% per annum. ShipTime reserves the right to suspend Services for customers that have overdue balances.
Credits for shipments can be purchased in advance in the form of ShipCash. ShipCash can only be used to process shipments in CAD currency.
Coupon Terms and Conditions
- Applicability: These general terms and conditions apply to all coupons issued by ShipTime, irrespective of the specific terms that may be assigned to each coupon upon distribution. The specific terms for each coupon will be provided at the time of issuance and must be read in conjunction with these general conditions.
- Redemption: Coupons are redeemable only on the ShipTime platform (website and mobile application) towards the purchase of eligible services. Coupons cannot be redeemed for cash or credit and cannot be applied retroactively to past transactions.
- Eligibility: Coupon eligibility is determined by ShipTime and may be subject to minimum spend requirements, service type limitations, and geographic restrictions as specified in the specific terms of each coupon.
- Expiration: All coupons have an expiration date, beyond which they cannot be used. The expiration date will be clearly communicated at the time of issuance. It is the responsibility of the coupon holder to use the coupon within the validity period.
- Combining Coupons: Unless otherwise stated in the specific terms of a coupon, coupons cannot be combined with other offers, promotions, or discounts. Only one coupon can be used per transaction.
- Transferability: Coupons are non-transferable and may only be used by the individual or business to whom they are issued, unless explicitly allowed in the specific coupon terms.
- The specific terms and conditions for each coupon, including but not limited to discount value, applicable services, and usage limits, will be provided at the time of coupon issuance. These terms take precedence in the event of any conflict with the general conditions outlined above.
Modification and Cancellation:
- ShipTime reserves the right to modify, suspend, or cancel any coupon program without prior notice, in its sole discretion. This includes the right to change the terms and conditions, the validity period of any coupons, and to revoke coupon usage if fraud, misuse, or violation of terms is detected.
- Any disputes related to the use of coupons must be submitted to ShipTime customer service within a specified period from the transaction date. ShipTime will review disputes on a case-by-case basis and decisions made by ShipTime will be considered final.
- By using a coupon, users agree to be bound by these terms and conditions, along with any specific terms associated with the coupon. It is the user’s responsibility to stay informed about any changes to these terms.
Duties and Taxes
International shipments can incur additional duty and tax charges assessed by the country of import. While ShipTime prepares the commercial invoice as a courtesy, customs agents or brokers may require additional documentation depending on the items that are shipped. It is the user’s responsibility to know the customs requirements at the destination.
At the time of shipment creation, you have the option to have the consignee be responsible for paying the duties and taxes. In this case, the consignee will be responsible for paying any duty, taxes, or brokerage fees applicable to the contents of the item(s) that you shipped using the Site and/or Services. The duty, taxes, or brokerage fees will be assessed by the country of import and collected by the Service Provider.
If you choose to select “Shipper”, you will be responsible for paying any duty, taxes, or brokerage fees assessed by the country of import that are applicable to the contents of the item(s) that you shipped using the Site and/or Services.
Duty, taxes, or brokerage fees applicable to a shipment that are billed to ShipTime will be collected in the same manner as an adjustment payment.
CFIB members that add a valid Aeroplan Card to their account are eligible to participate in the Aeroplan program and are subject to the terms and conditions here:
Shipping Provider Terms
Accurate Information; Registration and Passwords; URLs
In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or ShipTime has reasonable grounds to suspect that such information is inaccurate, ShipTime may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
To access certain parts of the Site or Services, you may be required to open an account with ShipTime, in which case you will have to provide registration information, which may include, but not be limited to, a name, email address, address, phone number, password, and business name (if applicable).
You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your Site and/or Services credentials. You must notify ShipTime immediately of any unauthorized use of your password or account or any other breach of security. ShipTime assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party. ShipTime may require that you change your password prior to accessing the Site and/or Services at any time.
If you are a business, government, or non-profit entity, the person whose email address is associated with the account at the time of registration must have the authority to bind you to this Agreement.
If you are under the age of majority in your jurisdiction then you must obtain the permission of your parent, legal guardian or employer prior to registering an account. Your parent, legal guardian or employer will then be responsible for your online conduct, and the consequences of any misuse of the Site and/or Services.
Changes to Pricing Policy; Services.
ShipTime reserves the right to change its pricing policy and structures at any time and from time to time; such changes are effective when ShipTime posts the same to the Site and/or the Services or otherwise communicates the same to you. ShipTime may, in its sole discretion, change some or all of Services at any time. In the event ShipTime introduces a new product or service, the pricing for that product or service is effective at the launch of the product or service. Unless otherwise stated, all fees are quoted in the currency specified in connection with such quote and do not include applicable taxes.
As a condition to using the Site and/or Services, you agree not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by ShipTime. By way of example, and not as a limitation, you agree not to use the Site and/or Services:
- in any way that is false, inaccurate or misleading;
- to sell, transfer, license or assign your user account, or any other rights granted to you hereunder;
- in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
- to collect and use product listings, descriptions or images;
- to abuse, harass, threaten, impersonate or intimidate any person;
- to post or transmit, or cause to be posted or transmitted, any content on the Site and/or Services that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
- for any purpose (including posting or viewing content) or in any fashion that is not permitted under the laws of the jurisdiction in which you use the Site and/or Services;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site or Services;
- to reverse engineer, decompile or disassemble the Site, or to convert into human-readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
- to create or transmit unwanted ‘spam’ to any person or any URL;
- to violate or attempt to violate the security of the Site and/or Services;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on or offline services directly or indirectly competitive or potentially competitive with ShipTime;
- to interfere with or attempt to interfere with the proper working of the Site and/or Services;
- to sell or otherwise transfer your Site and/or Services account;
- to interfere in any way with the business of any other user of the Site; or
- in any other way that violates these Terms.
ShipTime shall have the right, but no obligation, to monitor the content and your activities on the Site and/or Services to determine compliance with these Terms and any other operating rules we establish.
We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, or to refuse any purchase orders that in ShipTime’s sole discretion is inappropriate, objectionable or in violation of these Terms.
ShipTime neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services, whether it is provided by ShipTime, our employees, or a third party. Under no circumstances will ShipTime be liable for any loss or damage of any kind caused by reliance on information obtained through the Site, Support and/or Services. Neither ShipTime nor any third-party content provider shall assume or have any liability for any action or inaction by ShipTime or any third-party content provider with respect to any conduct, communication or posting on the Site and/or the Services.
ShipTime may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, including without limitation if you breach the Terms, provided, however, that if any fees are payable by you to ShipTime at the time of such termination, such fees shall remain due and will be collected at the time of termination. Any fees which you have paid in advance which have not been applied towards the provision of Services by ShipTime at the time of termination will be refunded to you through the same payment method you used to make payment of such fees.
Upon termination of your account, your license to use the Site and Services will be revoked and your right to use the Site and/or Services will immediately cease. If you wish to terminate your ShipTime account, you may simply discontinue using the Site and/or Services. All provisions of these Terms which by their nature shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Site and/or Services may provide, or third parties may provide, links to other websites or resources. Because ShipTime has no control over such sites and resources, you acknowledge and agree that ShipTime is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ShipTime shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Personal Information We Collect
When you set up an account with us, or when you process shipments through our website, we collect certain personal information. That information includes:
- your business / contact name, address, phone number and email address;
- credit card information (at time of a transaction);
- account preferences, including website update information by email;
- names, titles, business contact information from our corporate and business customer contacts.
This information is collected and used for a number of purposes:
- To establish and maintain a commercial relationship with you and to provide you with products and Services. Personal contact and credit card information is required to process your shipments. Account information is retained by us to enable our website to identify you, to allow you to set up and access your account. Individually identifiable credit card information is not stored on our site. This information is used only for these purposes and is only retained in transaction records required for internal management and auditing purposes, unless you are informed otherwise, or you provide your consent.
- To understand your needs and preferences. We maintain a record of the Services you receive from us, and we may ask you for additional information so that we can serve you better.
- To provide you with information you have requested, and to keep you informed with respect to ongoing changes to our website. Your email address will be used to send you occasional announcements regarding our service. You can withdraw your consent for such mailings at any time by contacting us as set out below.
- To develop, enhance or provide new products and Services. We may from time-to-time conduct research, requesting input from our visitors to help us improve our website, products and Services in an effort to serve you better. Your participation in such surveys is voluntary, and in some cases, you may have the option to participate anonymously. However, your name, address, email and telephone number may be required to take advantage of bonuses or other benefits which are available to survey participants, in which case your contact information will only be used for notification and fulfillment purposes.
- To manage and administer our business. The nature of the internet is such that it passively and automatically collects certain information about a user’s traffic patterns, which may be linked to their Internet Protocol (IP) addresses. These are unique internet “addresses” assigned to all Web users by their Internet Service Providers (ISP). Server logs record statistical information, such as visitors’ IP addresses, type of operating systems, time and duration of visit, web pages requested, and identify visitors by categories such as domains and browser types. These statistics are only used on an aggregate basis and will not contain any information that could identify you personally.
- To meet legal, regulatory, security and processing requirements (such as in response to a court order), and otherwise as permitted or required by law. If we are required to use your personal information for purposes not identified to you or as set out above, these purposes will be described to you before the use of the information. We will not use your information for any other purpose without your consent.
Processing a Shipment
Certain information is required for both a ship-from and ship-to location in order to prepare shipping documents. Information collected includes but is not limited to:
- Business / contact name
- Phone number
- Full addresses
This information will be transferred to the appropriate Shipping Providers and Insurance Provider such that the requested services can be fulfilled. The information will also be used to provide support on the services in the event of an issue. Shipping documents cannot be prepared without all the required information. By processing a shipment, you are confirming that you have permission from all parties to disclose the information required to complete the transaction.
Users also should be aware that non-personal information and data may be automatically collected through the standard operation of our internet servers or through the use of “cookies”. Cookies are small text files containing a unique identification number that identifies your browser – but not you – to our servers each time you visit our website. Cookies are not pervasive or invasive programs that enter a user’s system and damage files. They simply tell us which pages of our website are visited and by how many visitors. Cookies cannot, by themselves, disclose the individual identity of any site user, and we never combine information gathered by a cookie with personally identifiable information like your name, telephone number or email address, without your consent.
Third Parties’ Access to Information
ShipTime Canada Inc. is not in the business of selling customer information to others. Our customer information is not available for sale to any outside entity. We contract with third parties to fulfil certain functions on our behalf, such as providing marketing assistance, analyzing data, preparing and maintaining site content, processing credit card payments, and providing customer service. These agents have access to customer information only as required in order to help them perform their functions on our behalf, but they are not allowed to use that information for any other purpose and must keep such information confidential.
Customer information is a valuable business asset. If for any reason ShipTime transfers or divests itself of its business assets, our customer information will be transferred as one of those business assets.
ShipTime will release customer information to the appropriate law enforcement, governmental or other authorities if legally required to do so. ShipTime will also release such information if we feel it is necessary in order to protect our rights or the rights of our customers, affiliates, partners or any other party and for purposes of protection from fraud and credit risk.
Non-Secure Website Areas
You should be aware that if you voluntarily disclose personally identifiable information (e.g., email address, password) on non-secure areas of the ShipTime.com website, that information can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of ShipTime Canada Inc.
We store member and password information on our website in a secure manner. We store such information in a manner not accessible to web browsers, behind firewall and password protection, or offline.
This site has security measures in place (including the use of Secure Socket Layers (“SSL”) encryption technology) to protect against the loss, misuse and alteration of the personal information under our control. All order forms are encrypted and are transmitted via a secure server.
Employees, agents, and affiliates of ShipTime who require access to your personal information in order to fulfil their job or contractual requirements will have access to your personal information to the extent necessary to fulfil such requirements.
The Security of the Site
ShipTime maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our users’, business partners’ and others’ information. For example, for the security of your online visit to the Site, ShipTime may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the internet can be guaranteed to be absolutely secure. As a result, while ShipTime strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, ShipTime will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the primary email address in your account.
Updating Your Account Information
If you wish to update your personal information on ShipTime, use the “My Info” option after logging in to access your account information and make changes online.
Removing Your Account Information
Upon request, ShipTime will use commercially reasonable efforts to functionally delete the user and their personal information from our databases; however, it may be impossible to delete a user’s entry without some residual information because of backups and records of deletions. You can email us at firstname.lastname@example.org to request that your account information be deleted from our servers.
When you visit the Site, use the Services or send emails to ShipTime, you are communicating with us electronically. You consent to receive communications from ShipTime electronically. ShipTime may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that ShipTime provides to you electronically satisfy any legal requirement that such communications be in writing.
ShipTime Canada Inc.
700 Dorval Drive, Suite #302
Oakville, ON L6K 3V3
ATTENTION: Privacy Officer
If you are not satisfied with our response to your privacy concerns, you may wish to contact the Privacy Commissioner viahttp://www.privcom.gc.ca/or by calling 1-800-267-0441.
Intellectual Property Rights
Unless you are advised otherwise, everything you see or read on the Site and/or Services (including anything sent to you by ShipTime via electronic communication) is subject to copyright, trademark or other forms of legal protection owned by or licensed by third parties to ShipTime or the Shipping Providers. Content contained on the Site and/or the Services may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of ShipTime.
The trademarks and logos (collectively the “Trademarks”) displayed on the Site and/or Services are registered and unregistered Trademarks. Nothing contained in the Site and/or Services gives you permission to use these Trademarks, and your use of the Trademarks is strictly prohibited. ShipTime reserves the right to enforce its intellectual property rights where applicable.
By submitting content to the Site or through the Services (“User Generated Content”), you are granting us ownership of such User Generated Content and are waiving your “moral rights” with respect to the same. However, by submitting your User Generated Content to ShipTime, you retain a worldwide, royalty-free, non-exclusive, sub-licensable and transferable right and license to use the User Generated Content in any way you would like.
Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or copies made by third parties prior to deletion.
By submitting User Generated Content to the Site and/or through the Services, you hereby represent and warrant to ShipTime that, unless otherwise indicated by you in writing, the User Generated Content: (i) complies with these Terms; (ii) are your original works and do not infringe on the intellectual property rights of any third party; (iii) that use of such User Generated Content in compliance with these Terms shall comply with all local, provincial, and federal laws; (iv) that your use or sharing of such User Generated Content in connection with your use of the Site and/or Services does not violate any privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; (v) your use or sharing of the User Generated Content does not result in a breach of contract between you and a third party; and (vi) you (or the creator of) such User Generated Content have waived any and all moral rights in and to the User Generated Content.
Release, Limitation of Liability, Indemnity
You will indemnify, defend, and hold harmless ShipTime its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, , licensees, successors and assigns (the “ShipTime Parties”) with which you interact through the Site or the Services against any actual or threatened third-party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (collectively as “Claims”) arising out of or based upon any breach of these Terms or from any representation or warranty contained herein and made by you which was or is at any time false, and indemnify the ShipTime Parties from all damages, costs, and attorneys’ fees finally awarded in any such Claim against the ShipTime Parties. Your obligation under this section is contingent on: (a) the ShipTime Parties giving you prompt written notice of the Claim, provided that notice given by way of the email address most recently provided by you shall be deemed to be effective notice; (b) the ShipTime Parties granting you full and complete control over the defense and settlement of the Claim; (c) the ShipTime Parties providing assistance in connection with the defense and settlement of the Claim as you may reasonably request; and (d) the ShipTime Parties’ compliance with any settlement or court order made in connection with the Claim, provided that you may not agree to any settlement that imposes any obligation on the ShipTime Parties without the ShipTime Parties’ consent. The ShipTime Parties will not defend or settle any Claim eligible for indemnification under this section without your prior written consent.
You hereby expressly and irrevocably release and forever discharge ShipTime, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns with whom you interact through the Site or Services, of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and/or the Services, including but not limited to (i) any interaction with a Shipping Provider; (ii) any damage to your personal property; or (iii) any personal injury sustained by you.
In no event shall ShipTime be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site and/or the Services (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising); or (iii) for any direct damages in excess of (the aggregate) of the amounts paid to ShipTime by the party claiming liability in the twelve (12) months immediately preceding the date on which such liability is alleged to have arisen.
Disclaimer of Warranties
THE SITE, THE SERVICES, AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY SHIPTIME ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER SHIPTIME NOR ANY SHIPPING PROVIDER MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR SERVICES, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHIPTIME DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.
FURTHER, NEITHER SHIPTIME NOR ANY SHIPPING PROVIDER MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE AND/OR THE SERVICES AND/OR THEIR CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SHIPTIME IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE AND/OR THE SERVICES. BY USING THE SITE AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, SERVICES, OR PRODUCTS AND SERVICES ASSOCIATED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE AND/OR SERVICES, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. NEITHER SHIPTIME NOR ANY SHIPPING PROVIDER WARRANTS OR GUARANTEES THAT THE SITE OR SERVERS OR EMAILS SENT BY OR ON BEHALF OF SHIPTIME ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, NEITHER SHIPTIME NOR ANY SHIPPING PROVIDER GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE OR SERVICES, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND SHIPTIME, OR BETWEEN YOU AND ANY OTHER USER OR SHIPPING PROVIDER, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
Conflict with Other Agreements
These Terms are in addition to, and do not nullify, any other agreement between you and ShipTime or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and ShipTime, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.
Void where Prohibited by Law
ShipTime administers and operates the Site and Services from its location in Ontario, Canada. Although the Site and Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site and/or Services are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. ShipTime reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Ontario, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Resolution of Disputes
If a dispute arises out of, or in connection with this Agreement, the parties agree to first meet to pursue resolution through negotiation.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you have no authority of any kind to bind ShipTime in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ShipTime shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond ShipTime’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). ShipTime may transfer, assign or delegate the Terms and its rights and obligations without consent.
Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
All notices or other correspondence to ShipTime under these Terms must be sent to the following electronic mail address for such purpose: email@example.com.
Or to the following physical address:
ShipTime Canada Inc.
700 Dorval Drive, Suite #302
Oakville, ON L6K 3V3