Hello and welcome to Expert Shipping!
Expert Shipping takes the privacy of its users very seriously. This Privacy Policy is designed to provide a better understanding of how personal information is collected, stored and used. This Privacy Policy is legally binding. In other words, you, your customer, your employer and any other entity under which you act, who does business with Expert Shipping or who uses Expert Shipping's services, are contractually bound to follow these policies.
By registering for any of the services or products offered by Expert Shipping, accessing our website at www.expertshipping.ca, creating and managing shipments through Expert Shipping, or receiving a shipment, you acknowledge that you have read and understand this Policy and the information collection and handling practices described herein. The Policy describes in detail our information collection, use and/or disclosure practices.
If you do not agree to the terms of this policy, you must immediately stop using the website and our services. The term "Personal Information" in this policy is used to describe any information relating to individuals or companies. It does not include the name, business address or telephone number of an employee of an organization. We reserve the right to update, revise, modify or amend this policy from time to time. We encourage you to check this page regularly for any changes to our policy. If major changes are made, we will publish them on this web page: (www.expertshipping.ca/Mentions-légales-et-Politique-de-Confidentialité). In addition, we will notify you either by e-mail or by a notification on your Expert Shipping account. If you continue to use Expert Shipping's services after these changes, you accept the revised policy. We will endeavour to keep your personal information accurate and up to date using the most recent data provided by you. If you wish to have access to your personal information, where permitted by law, we will provide it to you.
Expert Shipping is committed to using the best procedures, tools and techniques established by industry standards to ensure the security of your personal information. Also, as there is no method that guarantees 100% % security, when transmitting information over the Internet, you are advised to keep your password safe and to prevent unauthorized access to your Expert Shipping account. If you are using a computer or platform that is public or external to your own, you must log out of your account once you have completed your session.
We strive to protect your personal information and the confidentiality of your account. Please note that we will not be held responsible for security breaches.
In order to access the functionalities offered by the website and our services, it may be necessary for users to provide us with certain personal information. The decision to provide such information is voluntary. However, if you do not provide such information and/or data, we will not be able to offer certain services, and your use of the website and our services will subsequently be limited. Our purposes for collecting information are as follows:
Expert Shipping endeavours to collect only personal data that is necessary, adequate and not excessive in relation to the purposes set out above. Should Expert Shipping need to use your personal data for a purpose other than those stated above, Expert Shipping will ask for your consent to do so.
Our customers, also known as "shippers" and "users", are anyone who uses an Expert Shipping account or is authorized by a user to access their account. They are also anyone who uses our services to ship items. In order to facilitate our services, we collect personal information from shippers as follows:
In the event that you are an Expert Shipping shipper, Expert Shipping will collect data relating to the browser and device with which you access our service, your IP address, your network connection, and the date and time of your visit to our website. This information is used to improve our service and to provide you with relevant information about your account. We collect the above personal information when you register for our services, access our services, activate our services from a partner's website, and when you update your personal information on your Expert Shipping account.
Expert Shipping also collects personal information about the recipients of shipments:
We may share the above information with third-party companies we use to provide our service. These include, but are not limited to, couriers, transport companies and insurance companies. This sharing of information is to ensure that shipments are correctly delivered to recipients in a timely manner. We may also contact recipients using the above information, for the purposes of:Informing or keeping them informed of shipment information (i.e. tracking number, courier company and delivery status updates).Obtaining feedback on the courier service, suggestions for improving our service and any information that may facilitate the delivery of the shipment.
The above information may be collected from shippers when scheduling a shipment, when a partner's customer uses our services to ship, or when a shipment recipient contacts us to change any information regarding the shipment's delivery.
Partners are individuals or companies who have agreed to Expert Shipping's terms of service found on the following page of our website www.expertshipping.ca/terms ("Terms of Service") and to join our partner program in order to combine their efforts with ours:
1. promote and provide Expert Shipping services to their customers, users, visitors or, in general, anyone in their community;2. refer customers to Expert Shipping3. integrate with our website by providing our services to their customers on their respective platforms; or4. develop applications using our Expert Shipping API.
We may collect the following information about our partners and their customers:1. first and last name2. company name3. contact number4. e-mail address5. physical address for billing and pickup6. credit card or PayPal details
Expert Shipping does not collect any personally identifiable information from Users while they are visiting and browsing the Website, unless such information is expressly requested by Users. The Website only records Users' visits, domain names, server address and tracks the pages Users visit. This information is stored in the form of "cookies". A cookie is a small text file that our website transfers to the hard drive of your computer or device. Expert Shipping uses these cookies to better serve you, accommodate you and/or maintain your information across multiple pages, during one or more sessions. Cookies are used to collect and store information such as IP addresses, browser type, referring/exit pages, operating system, time stamp and clickstream data in log files. These processes take place without affecting users' use of the website.
Expert Shipping and other third-party vendors engaged by Expert Shipping use Expert Shipping cookies and third-party cookies to inform, optimize and serve marketing materials based on users' past visits to the website. Expert Shipping places all personally identifiable information in cookies. Expert Shipping generally uses this automatically collected information and data to estimate the size of the website audience, estimate the popularity of different parts of the website, track user movement and the number of entries to the website, measure user traffic patterns and administer the website.
Your web browser may allow you to change your cookie preferences, including deleting and disabling cookies. Please consult your web browser's help section or follow the links below to understand your options, but please note that if you choose to disable cookies, some features of our website or services may not function as intended.
- Chrome: https://support.google.com/chrome/answer/95647?hl=en- Explorer: https://support.microsoft.com/en- us/products/windows?os=windows-10- Safari: https://support.apple.com/kb/PH21411- Firefox: https://support.mozilla.org/products/firefox/cookies- Opera: http://www.opera.com/help/tutorials/security/cookies/
We will not use your personal information for any purpose other than legitimate business purposes as defined by law.We do not sell, disclose or share personal information collected from you or your customers with any company for the promotion and sale of its own products and services.The only case in which we reserve the right to share your personal information is to guarantee the performance of our service, for which we reserve the right to share your personal information only with third-party companies that work with us to provide our services, such as couriers, insurance companies and payment providers. For example, your customer's contact details and address may be shared with the courier or transport company in order to deliver your shipment.
At all times, the sharing of any information collected by Expert Shipping is in accordance with the Personal Data (Privacy) Order (Cap. 486) and may be transferred as set out in this document:
Expert Shipping works with third parties to provide our services to our shippers, users and we may share personal information with them to ensure the completion of our services. Examples of third party companies are our listed couriers, shipping companies, insurance companies, payment providers and customer communication tools. We may also receive personal information from our partners and third parties. In all cases, only the necessary personal information fields will be shared.
From time to time, we may also need to share personal information with third parties to comply with legal requirements or to respond to requests from public authorities, including to meet national security or other requirements. Personal information may be shared with third parties in order to prevent or investigate suspected illegal, fraudulent activities or activities in violation of the law or our terms of use. Personal information may be shared with accounting firms if required by law for auditing purposes.
Personal information may be shared with a company that acquires our business, whether by acquisition, merger or similar transaction.
In the event that Expert Shipping needs to share your personal information with third parties for reasons other than those described in this section, we may ask for your approval before sharing such information.
In the event of a subsequent transfer, Expert Shipping is responsible for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as agent on its behalf. Expert Shipping remains liable under the Principles if its agent handles such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.
The security of users' personal information is important to Expert Shipping. Expert Shipping will strive to ensure that all personal information is protected from unauthorized access. Expert Shipping has implemented appropriate electronic and managerial measures to safeguard, protect and secure users' personal information.
All personal information and data provided by our users is accessible only to Expert Shipping's authorized personnel or its authorized third parties, and such personnel are required to comply with the terms of this policy when accessing such personal information and data. Users can be assured that their personal information and data will be retained only as long as necessary to fulfill the purpose for which it was collected, unless users request Expert Shipping to cease holding it or to terminate their membership account with Expert Shipping. Such requests may prevent Expert Shipping from continuing to provide its services, information and/or promotional materials to you in the future.
The website allows users to make payment for their shipments through Paypal or other third-party payment options. In the event that users choose to use Paypal or another third-party payment option to make their payments, the respective privacy statement and security practices will apply to information collected through the transaction. Expert Shipping encourages its users to read the privacy policy of Paypal or such third-party site before providing any payment information.
Expert Shipping follows generally accepted industry standards to protect information and personal data submitted by users to the website, both during transmission and once Expert Shipping has received it. However, no method of transmission over the Internet, or method of electronic storage, is 100 % secure. Therefore, while Expert Shipping strives to protect users' information and personal data from unauthorized access, Expert Shipping cannot guarantee its absolute security.
As Expert Shipping provides services to users on a global scale, users acknowledge that personal information may be stored and processed in any country where Expert Shipping operates and/or engages third-party companies to provide services as described herein. Expert Shipping may transfer personal information to countries such as the United States, Singapore and any other country determined by Expert Shipping, whose data protection rules may differ from those of the user's country of domicile. Expert Shipping endeavours to take the necessary steps to ensure that any transfer of Personal Data complies with applicable data protection laws and that Personal Data remains protected to the standards described in this policy. In certain circumstances, the courts, law enforcement agencies, regulatory bodies or security authorities of such other countries may be authorized to access your Personal Information.
Expert Shipping extends personal data rights as described in the GDPR to all users. Expert Shipping allows you to view, update or delete many of your personal information, such as your username, password, personal first and last name, company name, email address, physical address, phone number and payment information, from your account settings. How we collect, use and disclose your personal information. Sections 4, 5 and 6 above describe the personal information we may have collected over the past 12 months, including the categories of sources of such information. We collect this information for the purposes described in section 3 above. We share this information as described in section 9 above. Expert Shipping uses cookies, including advertising cookies, as described in our cookie policy and in section 7 above. Expert Shipping does not sell the personal information we collect and will not sell it (without your express permission).
If your account is terminated or you stop using our services, we will retain your personal information in accordance with our privacy policy or as otherwise permitted by law.
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Last updated on: April 22, 2019
Expert Shipping Inc ("Expert Shipping", "we", "us" and "our") is the operator of www.expertshipping.ca("Website"). The Website is designed to provide assistance to users ("User(s)", "you") in creating and managing shipments ("Shipping"). This Website and the offering of our Services (defined below) are offered on the sole condition that you accept, without modification, all of the terms, conditions and notices set forth below (collectively, the "Terms of Service"). By creating an account on the website ("Expert Shipping Account") or by using the services we offer, you acknowledge that you have read, understood and agree to be bound by the Terms of Service, and you declare that you have read and understood them.
The Terms of Service are available at all times on the following page of our website www.expertshipping.ca/legal/terms/overview. You must read, accept and agree to all of the terms and conditions contained in the Terms of Use, as well as our privacy policy contained in https://expertshipping.ca/legal/privacy ("Privacy Policy") before becoming a user of ExpertShipping. If you do not agree to any provision of our Terms of Use and/or our Privacy Policy, you are not authorized to use this website or our services and must immediately cease using this website.
The Terms of Service represent a legally binding agreement between you (and your customer, employer or other entity if you are acting on their behalf) and Expert Shipping and its direct subsidiaries or affiliates, including the various entities Expert Shipping uses to operate locally in different countries.
1.1 If you are entering into these Terms of Service on behalf of a corporation, company or other legal entity, you represent that you have the authority to bind such entity and its subsidiaries to these Terms of Service, in which case the Terms of Service "you" or "your" shall refer to such entity and its subsidiaries.If you do not have such authority, or if you do not agree with these Terms of Service, you will not accept these Terms of Service on behalf of such entity and you are not authorized to use this Web site or the Services.
1.2 By registering for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services registration form. The collection and processing of registration data and certain other information about you is governed by our Privacy Policy.
1.3. You acknowledge and agree that we may change or otherwise modify the Terms of Service in the future, and such changes or modifications shall be effective immediately upon posting on the Website. You understand and agree that your continued access or use of this website following any such change or modification constitutes your acceptance of the changed or modified terms of service. Expert Shipping will endeavor to inform you of any material changes to the Terms of Service by e-mail or by notification on Expert Shipping's bulletin board, but Expert Shipping's failure to do so shall not excuse you from your obligation to comply with such amended Terms of Service. You agree to periodically review the most current version of these Terms of Service as posted on the Web site.
1.4. You agree and acknowledge that you may be subject to additional terms and conditions applicable to certain services provided by us which may be attached to such services from time to time. All such terms are incorporated by reference into these Terms of Service.
1.5. In the event of any breach or violation by you of the terms and conditions of our Terms of Service, we shall be entitled to immediately terminate our services, suspend your Expert Shipping account and/or take any other legal action available to us.
1.6. The use of any service not provided directly by us (including, without limitation, warehousing services) requires that you enter into a separate, legally binding service contract with a third-party service provider. You acknowledge and agree that we assume no liability for the acts, errors or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service provider with whom you or any of your affiliates may contract for any purpose.
2.1. For the purposes of these Terms of Service, "Services" include (a) Website Account Services, (b) all software, data, reports, text, images, sound, video and content made available by any of the foregoing means (collectively, "Content"), and (c) Shipping Services. Any new functionality added to or supplementing the Services is also subject to these Terms of Service.
3.1. For everyone's safety, here are the types of products you are not allowed to ship with Expert Shipping:
- Any product linked to illegal activities or which is prohibited by law in the place of origin, destination or any site through which this product travels - Any product requiring specific licenses to be stored or distributed. Examples of products requiring distribution and licenses may include, but are not limited too Plants and live animalso Alcoholic beverageso Ammunition and firearmso Tobacco;o Firearms and any type of weapono Prescription pharmaceuticals or other dangerous drugso Explosive or dangerous productso Counterfeit items;o Unique or exceptional materialsso Precious metals in ingot or reserve form.3.2. Expert Shipping is not responsible for loss, damage or destruction of this prohibited product.3.3. In order to maintain the integrity of Expert Shipping's services and its reputation, Expert Shipping will report any activity relating to the shipment of prohibited items to the relevant law enforcement authorities and shipping partners.
4.1. Subject to the terms and conditions of these Terms of Service, you may only access and use the Services for lawful purposes. All right, title and interest in and to the Services and its components shall remain the exclusive property of Expert Shipping. You shall not (a) sublicense, resell, rent, lease, transfer, assign, share or otherwise make the Services available to any third party without Expert Shipping's prior written consent; (b) use the Services in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components or otherwise violates our Terms of Use; or (c) modify, adapt or hack the Services, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You must comply with all codes of conduct, policies or other notices that Expert Shipping provides to you or publishes in connection with the Services, and you must promptly notify Expert Shipping if you become aware of any breach of security related to the Services.
4.2. You may not bid for the shipment of any of the prohibited items listed in 3.1. You grant Expert Shipping, and any authorized third party, the right to inspect your shipment at any time. We reserve the right to reject or suspend the carriage of any item.
4.3. You will not use the Services to (or assist another person to):
1. upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a risk to the privacy or safety of any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, racially, ethnically or otherwise objectionable;or(vi)in ExpertShipping's sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the services, or which may expose Expert Shipping or its users to any damages or liability of any kind.
2. interfere with or disrupt the services or network servers connected to the service, or disobey the requirements, procedures, policies or regulations of the networks connected to the services; or
3. violate any applicable local, state, national or international law, or any regulations having the force of law; 4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
5. obtain or attempt to access or otherwise obtain any material or information through any means not intentionally made available or provided by theServices.
4.4. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, publish, deliver, provide or otherwise transmit or store in connection with or relating to the Services ("Your Content"). Expert Shipping reserves the right to access your account in order to respond to your requests for technical assistance.By posting Your Content on or through the Services, you hereby grant Expert Shipping a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and transmit Your Content in connection with the Services and to improve Expert Shipping's products and services, subject to the terms and conditions of these Terms of Service and our Privacy Policy. Expert Shipping has the right, but not the obligation, to monitor the Services, the Content or your Content and to disclose your Content if required to do so or if Expert Shipping believes in good faith that such action is necessary to (i) comply with any legal obligation, (ii) protect and defend the rights or property of Expert Shipping, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability. You further agree that Expert Shipping may remove or deactivate any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason.
4.5. You understand that the operation of the Services, including your Content, may be unencrypted and involve (a) transmissions over different networks; (b) modifications to conform and adapt to the technical requirements of connecting networks or devices; and (c) subcontracting to Expert Shipping's vendor and hosting partners to provide the hardware, software, networking, storage and related technologies necessary to operate and maintain the Services.Accordingly, you acknowledge that you are solely responsible for the adequate security, protection and backup of your content. Expert Shipping shall have no liability to you for any unauthorized access to or use of Your Content, or for any corruption, deletion, destruction or loss of Your Content.
4.6. You are responsible for obtaining and maintaining all ancillary equipment and services necessary to connect to, access or use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating systems, networks, web servers and Internet services (collectively, "Equipment"). It is your responsibility to ensure that such equipment is compatible with the Services and complies with all configurations and specifications defined in Expert Shipping's published policies then in effect. You are also responsible for maintaining the security of the Equipment, your account, passwords (including, but not limited to, administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
4.7. Expert Shipping's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right. You acknowledge that this Terms of Service form is a contract between you and Expert Shipping, even if it is electronic and not physically signed by you and Expert Shipping, and that it governs your use of the Services and supersedes any prior agreement between you and ExpertShipping.
4.8. Subject to the terms and conditions hereof, Expert Shipping may (but is not obligated to) provide technical assistance services, by e-mail, in accordance with our usual practices. Expert Shipping may use the recipient's personal information to send updates on its packages, to obtain feedback from the recipient and, in general, whenever Expert Shipping deems it necessary to continue its services.
4.9. If you wish to change any information concerning the shipment, such as the address, items included or other, you must inform Expert Shipping's customer service department at adressesupport@expertshipping.ca. In the event that the shipment has already been entrusted to a transport company, courier or mail service ("Courier"), such changes may not be effective, or the Courier may charge a fee to validate the change.
4.10. In the event that a shipment is recalled and the courier does not provide the returned delivery to the sender's address, the shipment will be returned to Expert Shipping.
You may choose to pick up the shipment, at your own expense, at a designated location provided by Expert Shipping, or pay a return fee in the amount of 20 $CAN per shipment, and Expert Shipping will ship it to your sender's address. The shipment will only be delivered to a local sender's address. If you do not collect the shipment within thirty (30) days from the date the shipment is returned to ExpertShipping, ExpertShipping will ship it to your sender's address and deduct the return shipping charges from your account.
5.1. In order to create an account with Expert Shipping, you agree to provide accurate information to the best of your knowledge and belief ("Registration Information") and to promptly update such Registration Information as necessary. Access to and use of the Expert Shipping account is restricted to authorized users.
5.2. You agree not to share your password(s), account information or account access information with any third party. You are responsible for maintaining the confidentiality of your password(s) and account information, and are fully responsible for all activities that occur under your password(s) or as a result of your access to your account(s). You agree to immediately notify Expert Shipping of any unauthorized use of your account. Expert Shipping will not be liable for any unauthorized use of youraccount.
5.3. You may invite other users to share your account ("Guest Member"). However, you will be responsible for the Guest Member's actions and activities on your Shipping Expert account.
6.1.Fees You can use ExpertShipping to generate shipping labels using your own shipping email accounts ("Your Email Account" or "User Email Account") or using Expert Shipping's own shipping email accounts ("Expert Shipping Email Account").
In the event that you generate a shipping label with an Expert Shipping Courier account, you will be charged a shipping fee, which will include all costs related to the shipment, as indicated by Expert Shipping, including, but not limited to, freight charges, fuel surcharge, import tax, duties
You acknowledge and agree that the Shipping Charges do not include any additional charges resulting from separate agreements with third party service providers. You acknowledge and agree that the Shipping Charges do not include any additional charges resulting from separate agreements with third-party service providers.
Expert Shipping offers various services, some of which are only available by paying a monthly subscription fee ("subscription fee"). If you subscribe to a paid monthly subscription, you agree to pay the corresponding Subscription Fee.
You shall pay all charges associated with your purchase from Expert Shipping of any product or service, including, but not limited to, taxes and duties, shipping variances ("Additional Charges").
All shipping costs, insurance costs, subscription fees and additional charges are referred to as "fees".
6.2. DiscrepanciesQuotations for shipping charges by Expert Shipping are based on information provided by you, including, but not limited to, shipper's address, recipient's address, weight, dimensions and value of items.In the event that a shipping label is generated using an Expert Shipping courier account and there is a discrepancy between the shipping charges billed by Expert Shipping at the time the user purchases a shipping label and the shipping costs billed by the couriers to Expert Shipping due to incorrect information provided by you, including, but not limited to, weight, dimensions, value of item(s), addresses, declaration of residential address or any other information essential to estimate shipping charges, you will be responsible for the amount of such discrepancy ("Shipping Discrepancies" or "Adjustments").Expert Shipping specifically disclaims all liability for any errors in shipping charges due to inaccurate or incomplete information. Expert Shipping is not responsible for any changes or modifications to shipping charges. Expert Shipping will use reasonable efforts to bill the amount of the discrepancy to your account in a timely manner, but Expert Shipping makes no representations or warranties regarding the time required to complete processing.
6.3. Account BalanceYou must maintain a valid payment method ("Authorized Payment Method") on file to pay all accrued and recurring charges and to transfer funds to your Expert Shipping Account ("Account Balance"). As charges are incurred, any amounts will be deducted from your Account Balance and charged to your Authorized Payment Method.
Subscription fees are paid in advance and will be billed monthly (each such date, a "Billing Date"). You will be billed on each Billing Date for all outstanding Subscription Fees that have not yet been paid. The charges will appear on an invoice that will be sent to the user via the e-mail provided. An invoice will also appear in the billing section of your Expert shipping account.
Shipping, insurance and additional charges are billed at the time a shipping label is generated, therefore services are considered "prepaid". Shipping charges are subject to change as indicated in section 6.3 hereof. To access our services.
Users must maintain a minimum balance of0$CAon the Expert Shipping account at all times. In the event that the account balance becomes negative, i.e., less than 0, you authorize Expert Shipping to instantly charge the fees due to any authorized payment method, and Expert Shipping will continue to charge the authorized payment method for the applicable fees until all outstanding fees have been paid in full.
If we are unable to process the fee payment using an authorized payment method, we will make a second attempt to process the payment using an underground authorized payment method 3 days later. If the second attempt is unsuccessful, we will make a final attempt 3 days after the second attempt. If our last attempt is unsuccessful, we may suspend and revoke access to your account and services. Your account will be reactivated as soon as you have paid all outstanding charges, plus any charges applicable to your next billing cycle. You may not be able to access your account during the suspension period, in which case you should contact our support team at https://expertshipping.ca/contact.Silesfraisimpayésrestent unpaid for ten (10) days after the date of suspension, you agree to deposit funds into your Expert Shipping account using another payment method and to update the authorized payment method.
6.4. Currency Fluctuations and Exchange Rates Expert Shipping reserves the right to adjust its prices in response to currency fluctuations, including, but not limited to, changes in currency deconversion rates, changes in conversion charges and/or changes in discount rates.
Expert Shipping will indicate the currency in which a transaction is billed, but Expert Shipping is not responsible for any fees or exchange rates charged to you by a third party payment provider.
6.5. Shipping Charge DisputesIn the event that you do not agree with the shipping charges billed to your account, you must submit such complaint to Expert Shipping within thirty (30) days of the charge ("Dispute Period").ExpertShipping will not consider requests for shipping charge adjustments received by customers after the Dispute Period.
6.6. TaxesYou acknowledge and agree that all fees, charges and any other rates or amounts billed to you by ExpertShipping hereunder are exclusive of any applicable value-added, sales/use or goods and services taxes ("Transaction Taxes") that may be levied in connection with Expert Shipping's provision of the Services to you. If applicable, you will be responsible for the payment of any Transaction Taxes arising from shipping charges or other amounts billed to you by ExpertShipping. Users who incorrectly declare the type of merchandise and/or the value of their shipment(s) may be subject to a penalty of 100 Canadian dollars or the difference between the declared value and the transaction value, whichever is greater.
6.7. Balance RefundUsers may request Expert Shipping to refund any available and unused account balance, which will be refunded according to the authorized payment method used to deposit the funds to Expert Shipping's account, subject to payment of the payment fee, or transaction fee, or any other related fee.ExpertShippingrefundsalesavailableandunusedaccountbalancewithin ten (10) days from Expert Shipping's receipt of User's request.
6.8. Refund of shipping chargesUsers may cancel any paid and unused shipping label and request a refund accordingly before a shipment is processed.ExpertShipping will refund the shipping charges to the User, either from the User's account balance or from the User's authorized payment method, within ten (10) days from the date the User requests such cancellation.In the event that the shipment has already been dispatched and sent to the courier, this shipment cannot be cancelled and the user will be invoiced for the full cost of the shipment and all other related charges. In the event that a shipment previously refunded to the user by Expert Shipping, is shipped by the user, Expert Shipping will invoice and charge the user for the corresponding shipping charges.
6.9. OtherYou are responsible for all applicable taxes arising from your subscription to or purchase of Expert Shipping services.To the extentExpertShipping charges such taxes, they are calculated using the applicable tax rates based on the billing address you provide to us. If Expert Shipping does not charge taxes, it is your responsibility to determine whether taxes are due and, if so, to remit them to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Expert Shipping under these Terms of Service shall be paid on a freight prepaid basis without deduction or withholding of any kind. With the exception of taxes invoiced to you by Expert Shipping and remitted to the relevant tax authorities on your behalf, any deduction or withholding required by law shall be borne by you and paid separately to the relevant tax authority. Expert Shipping shall be entitled to charge the full amount of the charges set forth in these Terms of Service to your authorized method of payment, disregarding any deduction or withholding that may be required.
7.1. Expert Shipping's PropertyFor purposes of this Agreement, "Expert Shipping's Property" means (a) ExpertShipping's methodology for providing the Services; (b) the Development Tools; and (c) Expert Shipping's ideas, websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. Expert Shipping hereby retains all worldwide right, title and interest in and to Expert Shipping's property. All rights not expressly granted herein to Expert Shipping's property shall be retained by Expert Shipping. You acknowledge that all right, title and interest in and to Expert Shipping's property is held by ExpertShipping.
7.2. Additional RestrictionsExcept as permitted herein, you shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble or reverse engineer any portion of Expert's Shipping Property, or attempt to discern the operation or functioning of the Website or Services; or copy, rent, lease, distribute or otherwise transfer any or all of the rights you receive in consideration hereof. For clarification, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Expert Shipping and you may not copy, imitate or use them without our prior written consent.
You may use the HTML logos provided by ExpertShipping through our merchant services, auction tools or affiliate programs without prior written permission solely for the purpose of directing web traffic to Expert Shipping.ca. You may not alter, modify or change such HTML logos in any way, use them in a manner that is derogatory or otherwise unfavorable to Expert Shipping or the Services, or display them in any manner whatsoever. You may not alter, modify or change such HTML logos in any way, use them in a manner that is derogatory or otherwise unfavorable to Expert Shipping or the Services, or display them in any manner that implies sponsorship or endorsement by Expert Shipping. You must not (and you must not allow others on your behalf to):(i)use any robot, spider, scraperout or other automated means to access Expert Shipping's website or services for any purpose without Expert Shipping's express written permission, (ii) interfere or attempt to interfere with the proper working of our website or with any activity conducted on the website, or (iii) circumvent any measures Expert Shipping may use to prevent or restrict access to Expert Shipping's website or services.
7.3. Customer Property All materials provided by you pursuant to any of them shall be deemed "Customer Property" for purposes of the Agreement. You hereby grant Expert Shipping a non-exclusive license to the Customer Property solely to the extent necessary to provide the Services. No other license, express or implied, under any intellectual property right is granted by you to Expert Shipping under these Terms of Service.
8.1. Definition Each party ("Recipient") acknowledges that it may receive Confidential Information as defined herein. For the purposes of these Terms of Use and subject to the exclusions set forth below, Confidential Information means any information provided to Recipient by the other party ("Discloser") which is marked, labeled or otherwise designated as confidential or proprietary, or which Recipient knew or ought to have known was confidential by reason of the circumstances surrounding the disclosure.
8.2. ExclusionInformation that is subject to one of the exclusions below is not confidential information. Exclusions include the following: (a) non-transactionalconfidentialinformation(asdefinedbelow), (b) information known to the public at the time of disclosure, (c) information received by the recipient without restriction from a third party, (d) information published or otherwise made known to the public by the discloser, (e) information that has been independently generated without reference to the discloser'sconfidentialinformation,or(f)information that is required to be disclosed pursuant to a court order or in accordance with any applicable governmental rule, regulation or law, provided that the Recipient gives the Discloser prior written notice of such disclosure (as permitted by law) and of the response time specified in the request.
8.3 Non-Transactional Confidential InformationExcept for the absolute transactional information necessary for Expert Shipping to provide or use the Services, Expert Shipping does not require or want any of your proprietary information ("Non-Transactional Confidential Information"). You agree not to provide Expert Shipping with any non-transactional confidential information, including but not limited to new product prototypes, without Expert Shipping's prior written consent. In the event that you send such non-transactional confidential information to Expert Shipping without Expert Shipping's prior written consent, then Expert Shipping shall not be obligated to treat such information as confidential information.
8.4. Standard of care The Recipient shall not use the Confidential Information for any purpose other than that required by these Terms of Service. The Recipient shall not disclose the Confidential Information to any third party, except as necessary for the performance of the Services.TheRecipient shall use the Discloser's Confidential Information with at least the same level of care as it uses for its own Confidential Information, but in no event with less than reasonable care.Each party acknowledges that breach of this provision would result in irreparable harm to the other party, for which money damages would be an inadequate remedy, and therefore that the other party shall be entitled to seek injunctive relief to enforce the provisions of this Section.
8.5. Return or DestructionOther than transactional information that is retained in the normal course of Expert Shipping's business, each party shall either promptly return all Confidential Information or confirm that such Confidential Information has been destroyed promptly upon receipt of a written request from the other party.
8.6. Aggregated UseSubject to the Terms of Service herein, you hereby acknowledge and agree that Expert Shipping may compile aggregated results of all or a selection of your use of the Services, provided that Expert Shipping does not disclose any information that would allow you to be individually identified ("Aggregated Information").Such Aggregated Information shall be considered confidential information of Expert Shipping. You also hereby agree that Expert Shipping may review and use your individual use of the Services in order to provide the Services to you, to evaluate Expert Shipping's provision of the Services and to improve Expert Shipping's service offerings.
8.7. Any information you provide to us or enter on the website as described above will be used in accordance with our privacy policy found on this page (www.expertshipping.ca/legal/privacy) ("Privacy Policy"). We will not sell, rent or disclose your confidential information to any third party without your consent or as permitted by the Privacy Policy.
You agree to indemnify and hold harmless Expert Shipping, our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of your use of the Services and/or your breach of the Terms of Service. By using our services, you agree to indemnify and hold Expert Shipping harmless from and against any and all claims for transportation, storage, handling and other charges relating to the goods in connection with the shipment, including undercharges, rail demurrage, truck/intermodal detention and other charges of any kind, whether or not Expert Shipping accepts this order.
10.1. As is Expert Shipping shall endeavor to provide the Services in accordance with these Terms of Service. Users acknowledge that the Services and the Website are provided "as is" and "as available".ExpertShipping and Expert Shipping's suppliers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement for the Services, the Website and any third party services. Use of the Services, the Web Site or any Third Party Services is at your own risk.
10.2. No continuous access Expert Shipping does not guarantee continuous, uninterrupted or secure access to the services. The operation of the services may be disrupted by numerous factors beyond our control. Expert Shipping will use reasonable efforts to process requests to receive or ship goods in a timely manner, but Expert Shipping makes no representations or warranties regarding the time required to complete processing, as our services are dependent on many factors beyond our control, such as delays caused by third parties. Expert Shipping shall not be liable for any direct, indirect, incidental or consequential damages, loss of profits, goodwill, use or data resulting from our inability to provide the service. We reserve the exclusive right to discontinue the website and our services, including all website features, at any time with or without notice.
10.3. OtherYou understand that Expert Shipping does not inspect your goods and that Expert Shipping assumes no responsibility for the business decisions you make and implement through the Services. You acknowledge that Expert Shipping is not the merchant of record, the importer of record or the owner of any product shipped by you through Expert Shipping.
11.1. Third Party LiabilityBy accepting the Terms of Service, you acknowledge and agree that we assume no liability for the acts, errors or omissions (including, without limitation, any negligence or willful misconduct) of any third party service provider with whom you or any of your affiliates may contract for any purpose.
11.2. Waiver of Indirect Damages and Limitation of LiabilityIn no event shall Expert Shipping be liable for any indirect, incidental, special or consequential damages, or damages for loss of or damage to shipments, loss of profits, revenues, data or use, incurred by you or any third party, whether in an action in contract or tort, arising out of your access to or use of the website, any content or third party websites and content. Except as set forth below, in no event shall Expert Shipping's liability under this Agreement exceed the amounts paid or payable by you to Expert Shipping for the applicable services, excluding carrier or other third party charges ("Damage Cap"). In the event of an unauthorized transaction by an employee or agent of Expert Shipping, Expert Shipping shall be solely responsible for the Damage Cap. Expert Shipping must be notified within five (5) days of any unauthorized transaction or you agree to waive any damages from Expert Shipping.
11.3 Declaration and accurate informationYou are responsible for providing complete and accurate information regarding the shipment, including, but not limited to, the item category and value of the shipment. You are responsible for any errors, damages, expenses or consequences resulting from incorrect or incomplete information provided to us. You shall further indemnify and hold Expert Shipping harmless from any loss or expense resulting from erroneous information provided by you to us. Expert Shipping will not be liable for any loss or damage in the event that any item contained in the shipment is misrepresented. Furthermore, Expert Shipping is in no way responsible for damage or loss due to customs practices. Expert Shipping is not responsible for the accuracy or truthfulness of any information provided by you.
11.4. Import taxes and dutiesWhen you generate a shipment using a shipping label in the Expert Shipping Courier account, you have the option of choosing between a DDU shipment or a DDP shipment. In the case of a DDU shipment, you choose not to pay in advance the taxes and duties relating to the shipment in the destination country, which will be billed to the recipient accordingly. By using DDU shipping, users acknowledge that local customs duties, import taxes, import duties, last mile delivery charges or, in general, any additional charges relating to the shipment ("taxes and duties"), will be the sole responsibility of the recipient. Expert Shipping is not responsible for any discrepancies between Expert Shipping's shipping charges and local charges, or additional delivery charges invoiced to the recipient. In the event that you are generating a shipment using an ExpertShippingCourier account, and you wish to avoid additional charges to the recipient, you may use DDP shipping, in which you agree to pay in advance the taxes and duties relating to the recipient country at the time you purchase the shipping labels. Expert Shipping will provide you with an estimate of taxes and duties prior to each shipment for your reference ("Estimate"). For DDU shipments, this Estimate is for reference only and the shipment may be subject to other additional charges depending on local customary practices in the destination country. For DDU shipments generated using an Expert Shipping courier account, ExpertShipping guarantees that this Estimate is binding and that taxes and duties payable by the User will not exceed the Estimate provided by Expert Shipping. Users are not responsible for any discrepancy between Expert Shipping's shipping charges and local charges, or additional delivery charges, provided that all shipping information submitted to Expert Shipping by the User is complete and accurate. Expert Shipping reserves the right to charge the user using DDP Shipments additional fees for excessive taxes and duties resulting from incomplete and/or inaccurate information provided by the user and used to calculate the quote. In the event that a shipment is generated using a user's e-mail account, Expert Shipping is not responsible for taxes and duties, either for DDU Shipments or for DDP Shipments.
11.5. Customs Expert Shipping is not responsible for the loss, delay or damage of items shipped, while in the hands of a local custom. Furthermore, Expert Shipping will not be held responsible in the event that local custom confiscates, withholds or refuses to release the shipment to the consignee.
11.6 Service provided by the courier ExpertShipping is a technological platform that links shippers and couriers. ExpertShipping is in no way responsible for the services or information provided by a courier, not in the case of shipments generated using an ExpertShipping courier account or a user courier account.In no event will Expert Shipping be held responsible or liable for any damage, destruction, loss, delay in delivery of the shipment, failure of handling in shipments to couriers, failure or delay in collection of the shipment by the courier, or any problems with tracking,for any courier, also Expert Shipping is not responsible for the acts, errors or omissions (including, without limitation, any negligence or willful misconduct) of any third party service provider (including, without limitation, any delay, error or failure in collection by the courier). Expert Shipping is not responsible for delivery time information on the website. For users' courier accounts, Expert Shipping is not responsible for the accuracy or validity of charges, and the user is responsible for the delivery of shipments to the courier. In addition, Expert Shipping connects warehousing service providers with potential customers. You acknowledge and agree that we assume no liability for the acts, errors or omissions (including, without limitation, any negligence or willful misconduct) of any third party service provider with whom you or any of your affiliates may contract for any purpose.
11.7 Other Expert Shipping is not responsible for any costs, expenses, resulting from a change of information on your part (e.g. change of address, cancellation of order, or cancellation of order), after a shipment has been confirmed and paid for on Expert Shipping. Expert Shipping is not responsible for any delay in the production of shipping documents.
11.8. User's e-mail account User is responsible for providing accurate and truthful information for User's e-mail account that User wishes to use with Expert Shipping, and User acknowledges and certifies that User is the lawful owner of User's e-mail account. Expert Shipping is not responsible for User's e-mail account login failures, shipping label or other shipping document generation failures, inaccuracies in tracking information, discrepancies between costs or shipping charges displayed by Expert Shipping and billed by Courier, resulting in inaccurate charges, or any other charges billed by Courier to the owner of User's e-mail accounts, or displayed on ExpertShipping.
You have the right to cancel your account at any time by sending a cancellation request to support@expertshipping.ca . Subject to early termination as provided below, Expert Shipping may terminate your account and these Terms of Service at any time by sending thirty (30) days' notice to the administrative e-mail address associated with your account. In addition to any other remedies available to us, Expert Shipping may also terminate these Terms of Service upon thirty (30) days' notice (or ten (10) days' notice in the event of non-payment), if you fail to comply with the Terms of Service or the terms of these Terms of Service. In addition, Expert Shipping reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof). Except as provided above, upon termination of your account, Expert Shipping may store all of your content on the services (if any), or it may be permanently deleted by Expert Shipping, in its sole discretion. Expert Shipping will refund the balance within ninety (90) days.
Please note that, although disagreements do occasionally arise, Expert Shipping wishes to deal with any complaints with the services proactively. To register a support case for resolution, you can send an email to support@expertshipping.ca If you feel that an escalation is necessary, please send an e-mail to support@expertshipping.ca regarding your unresolved issue and concern. For the sake of clarity, this does not dispense with the obligation to notify us below.
These terms of use are governed by the laws of the State of Quebec, Canada. By using our services, you agree to submit to the exclusive jurisdiction of the courts of the State of Quebec.
15.1. SeverabilityIf any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it valid and enforceable and the remaining provisions of these Terms of Service shall remain in full force and effect in accordance with their Terms of Service.
15.2. No WaiverThe failure or delay of Expert Shipping to exercise any right or power under these Terms of Service shall not constitute a waiver of such right or power, nor shall any single or partial exercise of any right or power preclude any future exercise of such right or power.
15.3. Notifications You agree that Expert Shipping may provide you with a notification by publishing it on our website, by sending it by email to the email address indicated in your account, by displaying a notification when you log in to your account, or by sending it by mail to the postal address indicated in your account. Any such notice shall be deemed to have been received, read and understood by you within 24 hours after it is posted on our website or sent by e-mail to the address indicated in your account. If the notice is sent by post, we will consider that you have read and understood it within 24 hours of its delivery. Expert Shipping reserves the right to close your account if you withdraw your consent to receive electronic communications.
15.4. AssignmentYou may not transfer or assign any of your rights or obligations under this Agreement without Expert Shipping's prior written consent and any attempted assignment without such consent shall be void. Expert Shipping reserves the right to transfer or assign any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this section, these Terms of Service shall be binding upon and inure to the benefit of the successors and assigns of the parties.
15.5. Expert Shipping shall be entitled to collect from you its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing these Terms of Service.
15.6. Force Majeure Expert Shipping is not responsible for delays or inability to perform services caused by forces beyond Expert Shipping's control, including, without limitation, acts of God or acts of third party service providers, including, but not limited to, carriers and postage systems.
When goods are ordered, in the event of force majeure, war, terrorism, public enemies, court attachment, strikes, lockouts, riots and civil disturbances, or for any other reason beyond Expert Shipping's control, or due to the loss or destruction of goods for which Expert Shipping is not responsible, or due to any other excuse provided by law, Expert Shipping shall not be liable for failure to carry out these instructions.
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