TERMS & CONDITIONS

SHIPBY MAIL

TERMS & CONDITIONS and PRIVACY POLICY

 

The entirety of service provided by ShipByMail.com (the "Company"), including use of our website and any additional online tools (collectively "Sites") are subject to these Terms and Conditions, including our Privacy Policy, which may be amended at any time. The Terms and Conditions herein govern the activity and data supplied by you (the “User”) which includes but is not limited solely to the use of our Sites, through all export transactions engaged on your behalf by ShipByMail, and the entirety of Member communications with the Company.  These Terms and Conditions are also applicable to conventional export transactions that employ transport of commerce from Canadian merchants to Member recipients.  Canadian merchants are defined as the Canada Principal Party in Interest by Canadian Foreign Trade Regulations.  For further Terms on engagement with the Principal Party in Interest, please see Section 8 of our Terms & Conditions Below.

 

PRIVACY POLICY

 

LAST UPDATE OF THIS PRIVACY POLICY – February 10, 2019


BEFORE USING OUR SITES, PLEASE READ THIS PRIVACY POLICY CAREFULLY.

This Privacy Policy is applicable to ShipByMail (the "Company") and outlines our practices on the collection, maintenance and use of personal data on our Sites. The Company is resolved to provide secure website access for all users and has implemented this Privacy Policy to demonstrate our firm commitment to User privacy. The Company is in compliance with Canadian Federal and British Columbia Provincial privacy laws and regulations including the Personal Information and Electronic Documents Act.

This Policy herein outlines the manner in which the Company protects, obtains, transfers, uses, and discloses data that Users provide through our Sites. ShipByMail.com is committed to the protection of private data. Such data includes identifying information about Users which could include information where you may be personally identified, including for example, your name, gender, age, date of birth, telephone numbers, email address, mailing address, account numbers, taxation registration, as well as payment and financial details.  On any of our Sites, we may provide assessment tools that ask Users to provide self-assessment details. The Company may also ask Users to provide additional details in order to obtain further services, information or to resolve complaints or concerns.

 

USER CONSENT: Despite there being no requirement to register with our Sites to review their content, Users may be requested to provide personal data to visit specific sections of ShipByMail.com sites.  Please note that use of the Company Sites denotes user consent and acknowledgement of our Privacy Policy disclosed herein.  Should users not consent to the content of this Privacy Policy, we request that you discontinue use of our Sites.  Continued use of the ShipByMail.com Sites signifies your acknowledgement and acceptance of the Privacy terms and any alterations upon the time period of use.

 

PRIVACY POLICY AMENDMENTS: It is the sole right of the Company to alter both our Privacy Policy and Terms & Conditions without notice, whereupon the changes will come into immediate effect at the time they are posted to our Sites.  Should material alterations to the Policy or Terms occur, Users will be notified through announcements posted to the ShipByMail.com website.  Any such modifications in policy will also denote the date of amendment. Continued use of ShipByMail Sites following an alteration in Privacy Policy denotes your consent to the alterations therein.  It is the sole responsibility of the site User to occasionally review Sites for Policy alterations.

 

THIRD PARTY LINKS: There may be hyperlinks from our webpages to third party external sites, organisations or advertisers outside the ownership or control of the Company.  It is the aim of ShipByMail to solely provide links to reputable sources that maintain information relevant to the needs of our Users. Please note that this Privacy Policy is applicable solely to Company Sites and not applicable to those sites belonging to any other companies or organizations, nor does it apply to individuals or companies not employed or managed by ShipByMail. It is recommended that users confirm the privacy policy of all external linked sites or enquire with any external site operator to clarify policy details. ShipByMail.com may provide external links to third party sites in order to provide convenient access to information, particularly import/export requirements, that may be subject to change at any time without warning.  Provision of a link to a third party website does not constitute an endorsement of the content therein, nor is the Company responsible for the content provided on said third party site.

Please note that our Sites may contain affiliated marketing materials for which ShipByMail may receive compensation for service or product sales.  ShipByMail is not liable or responsible for services or products provided by third party providers, nor does the Company bear responsibility for the privacy policy of the external provider.

 


DATA COLLECTION: There are many categories of data collected from Users though access and use of Sites operated by ShipByMail.com, including both “Personal” and “Non-Personal Information”. 

User data deemed to be “Non-Personal” in nature includes HTTP cookies for the purpose of recalling stateful data, JavaScript tags or beacons used for web analytics and additional tracking automation.  Specific Non-Personal data collected from Users can also include your IP address, the manner in which Users access Site content, the specific variety of content visited by the User, and any additional analytic information obtained through browsing activities.  These traditional aggregated analytics also include data on browser or operating system use, the source of the link to our Sites (including browser searches or links from third party sites), as well as third party links visited via our Sites.  In addition, Non-Personal data may also be compiled empirically in such a manner that the User is not readily trackable.  The Company may also engage external services to assist with the analysis of aggregate User data or to provide advertising and/or content for our Sites.

“Personal Information” is made available to and used by the Company from one of three sources.  The primary source of personal data collections comes from Users who supply data directly via forms on our Sites (including but not limited to Membership registration, newsletter requisition and more).  Users also supply Personal information through contact with the Company via our Help page, Live Chat or email correspondence.  Finally, Users may also supply Personal Information indirectly via third party businesses or organisations who rate the Company or assist the Company in the procurement and review of personal data.  Should users choose to provide any Personal Information within areas of our Sites that are publicly available, you thus grant the company irrevocable, continuous, worldwide and non-exclusive rights to review, maintain, alter, duplicate, post, issue, display or develop derivative content from such information (a portion or the entirety thereof). 

Personal and Non-Personal data are used by the Company for the following purposes:

  1. Provide website content relevant to User needs and wishes.
  2. Website analytics to evaluate and interpret Site use, perform server diagnostics, optimize Site content and enhance future services or User experience.
  3. To facilitate financial transactions with Users.
  4. Supply Users with updates or notice regarding Site use or services.
  5. To provide users with greetings, provide delivery or export notices, send individual correspondence or announcements with respect to Company activities or special offers.
  6. To fulfill service requirements as engaged by Users, or to enforce rights in relation to any contractual requirements between the Company and User, such as invoicing or debt collection
  7.  To satisfy the contractual requirements under which the data was provided.
  8. For purposes that are conveyed upon the time of data collection.
  9. For any additional reason provided Users supply their consent.
  10. In addition, we may preserve correspondence records in order to maintain a record of User engagement, for the purposes of improving our services, provide consistency of service or assist with future communications as they occur.

 

DATA DISCLOSURE AND USE BY THIRD PARTIES:  ShipByMail.com is committed to the protection of Personal Information and thus will never sell, lend or otherwise provide access to User email data to third party businesses or organisations.  During the course of our service to users, ShipByMail.com is required to supply User information to specific third parties in order to carry out contractual obligations to Users.  Due to its anonymous nature, Non-Personal data can and will be used without restriction by the Company for use with any relevant third party supplier, business, agent or government for the purposes engaging in member services or transactional exports.

With regards to Personal Information, the Company may disclose data by the following means:

  1. Provide trusted or affiliated third party businesses or organisations with data that is required for provision of services, including website access, Company administration, User communications and export transactions.  An example of routine information disclosure with trusted third-party business includes use of financial services for the purposes of payment, as well as contact information to facilitate export/import transactions.  ShipByMail.com maintains confidentiality requirements to and for third parties with whom the Company is partnered in order to provide services, and as such are required to securely protect User data.
  2. Provide data that is requested by subpoena, court order, legal process, regulatory requirements, or that is compelled by law or government.
  3. In order to defend or assert legal right.
  4. Disclosure of data may be relevant or required in order to prohibit or hinder illegal activity as legally required or to prevent risk to personal safety.
  5. To fulfill the requirements of the Company’s Terms and Conditions, Privacy Policy or additional contract requirements with third party service providers.
  6. Through possible division, merger or acquisition, ShipByMail could re-form, dissolve or divest some or all holdings and contractual obligations.
  7. To fulfill the Company’s contractual obligations to the User for the purpose in which the data was provided.
  8. Provide data to trusted parties for any specific purpose through User consent.

Unless Users receive notice otherwise, at no time will ShipByMail disclose Personal data to third party organisations by any means other than those stated herein in accordance with the Company’s Privacy Policy and Terms & Conditions.

 

DISCLOSURE OF PERSONAL DATA IN CANADA:  As a Canadian corporation based in British Columbia, ShipByMail is bound by Federal and provincial Privacy Law to protect the data of its Users and registered Members.  Regardless of User’s global location, use of the Company’s services and Sites signifies your express consent to transfer your Personal information to Canada, where data protection laws may be considered more adequate or less adequate than those employed within the User’s country of residence.  In addition to permitting the transfer of data to Canada, Users also provide express consent for the Company to disclose all relevant Personal Information to authorized third parties in Canada and internationally in accordance with the Privacy Policy herein, as well as ShipByMail’s Terms & Conditions.  Through the provision of your Personal and Non-Personal data through the use of our Site and services, Users provide express consent to the transfer of said data to our authorized third party service providers providers regardless of their location.

 

PROMOTIONAL AND INFORMATIONAL OFFERS:  With express User permission, the Company may from time to time provide Users with notice of marketing or promotional materials, not limited to special offers or notice of expanded services.  At any time, Users are permitted to submit an email or written requested modifying the registration information on file, or to request alterations to the variety of correspondence communicated to them from the Company.  Should you wish to alter submitted personal information or opt-out of communications, it is the responsibility of the User to contact ShipByMail as per the contact details on our website.

 

STORAGE AND SECURITY: ShipByMail is committed to assuring the protection and security of User data.  As such, the Company has developed and instituted procedures for the protection of physical and digital data to protect Users from unauthorised access to any data we may collect online, through the use of our Sites, correspondence or in person.  Said protections include the use of encryption and physical security procedures to prevent the alteration, disclosure, unlawful access or destruction of User data.  Protection of User data is applied in relation to the nature of the information supplied, including the secure protection of all financial data and other pertinent details that may be deemed sensitive or available to authorized employees only.


User data is stored securely for onsite or on ShipByMail servers at Company data centers (in whatever country they may be located), or hosted by authorized third parties who have entered into agreements that require them to observe our Privacy Policy.

While the Company will make every reasonable effort to prevent unauthorized access to User data, we are unable to fully guarantee that details transmitted on the internet will remain entirely confidential or secure.  As a result, we are not liable for the external actions of intentional or accidental breaches in data security.  Users are also responsible for taking preventative measures to secure their user data, be it through safe online usage, secure internet connections, preventative use of public computers and confidential use of credentials for logins and detailed secure passwords.  ShipByMail also cautions Users to not post personal information in public or to our Sites.

 

USER CHOICE: Through provision of written correspondence and confirmation of their identity, Users may request details of their personal information held in secure confidence by the Company.  Users may also edit or supplement any Personal data held by the company by updating their personal online profile or contacting the Company directly.

Should a User request that their Personal data be deleted from our files, where physical or digital, ShipByMail requires a reasonable period of time with which to comply to said request.  In addition, the Company may keep specific data for the purpose of continued business operations or where it is required for the compliance with requests from police or federal authorities.

Although users are at liberty to decline cookie or tracking use through their browser preferences, please note that such action may disable the function of certain features on our Sites.  Please note that ShipByMy.com does not company with “Do Not Track” signals that may be included in the privacy settings of your browser.  In addition, the Company does not control tracking or HTTP cookie usage employed by third party organisations and businesses, including Hosting providers and service companies.  Should Users have questions regarding use of Non-Personal data by third parties, please contact those companies or visit their Sites to confirm their privacy policy and Terms & Conditions.  Should you have questions regarding the disclosure of Personal Information to third parties, please contact us via our website.

 

PROTECTION OF MINORS: ShipByMail is committed to the protection of children's privacy, especially online. The Company will not knowingly collect or solicit personal data from children under the age of 18, nor do we allow children to become Members of, or to request information through, our Sites or help-seeking information lines.  Should an individual user be under the age of 18, please do not provide any information to the Company under any circumstances.  Should a child younger than 18 years of age provide the Company with personal information without the consent of their parent or guardian, the responsible adult may contact ShipByMail via our provided contact details to request the removal of said data.

CONTACT US:  Should Users have any questions surrounding the Terms & Conditions or Privacy Policy of the company, please visit https://shipbymail.com/contact/ to obtain our contact details.

 

TERMS AND CONDITIONS

Use of ShipByMail.com websites (the “Company” and “Sites”), communications with the Company, establishment of User account and login, as well as all subsequent requests for service or shipments to ShipByMail denote User consent to the stipulations within this covenant, as outlined in the Terms & Conditions herein.  The Terms outlined are applicable to all communications, transactions, digital, oral and personal engagement with the Company and Sites.  Use of Company services and Sites denotes continued acceptance of both our Terms & Conditions and Privacy Policy (as previously noted).

It is the sole right of the Company to alter both our Terms & Conditions and Privacy Policy without notice, whereupon the changes will come into immediate effect at the time they are posted to our Sites.  Should material alterations to the Terms & Conditions occur, Users will be notified through announcements posted to the ShipByMail.com website.  Any such modifications in policy will post the date of amendment. Continued use of ShipByMail Sites following an alteration in the Terms & Conditions denotes your consent to the alterations therein.  It is the sole responsibility of the User to occasionally review Company Sites for policy alterations of the Company’s Terms & Conditions.  Should Users not agree with the contents or modifications of the Company’s Terms & Conditions, the User is advised to terminate their service relationship with ShipByMail.com.  Continued engagement and use of the Company’s services and Sites denotes acceptance of the terms outlined herein.

Please note that all services provided to Users and all communication, including but not limited to the provision of personal data, acceptance of shipments, payments and export transactions is subject to the requirements of Canadian laws and regulations.  As such, any activity deemed to be illegal in Canada and/or International Trade Regulations may be enforceable and is thus prohibited by ShipByMail.  As such, please note that the Company will cooperate with law enforcement on a legal investigation regarding Users or the use of Company services.  Should Users attempt to engage in illegal activity through their solicitation of Company services, the User will bear full financial liability for all costs incurred by the Company to accommodate the investigation, prosecution and/or civil proceedings associated with said illegal activity.  In addition, should the User be deemed to be negligent in civil proceedings through their use of Company services, the User bears the full financial liability for all related costs incurred by the company through the litigation of civil proceedings.  Please see the section below on Indemnity for more information.

A “User” is defined within these Terms & Conditions and Privacy Policy as someone visiting any Company Sites or using any proprietary Company tools, as well as anyone communicating with, requesting or employing Company Services.  A “Member” more specifically denotes a registered user who has supplied the Company with Personal Data for the purposes of reviewing or using Company services.  Please note that the Company is only able to provide services to those Members who have truthfully and legitimately provided all the information, documentation and any applicable transactional remittance required for service fulfillment.

As part of our Terms & Conditions, the User expressly consents and declares that they are fully liable and subject to the policies, duties, regulations and laws that govern import and export activities between Canada and the destination country of their items (described as but not limited to definition as goods, merchandise, packages), as per the services offered from the Company.

 

  1. GUIDELINES FOR USERS

Use of the Company’s services and Sites denotes your acknowledgement and agreement to observe the following requirements:

  • You are prohibited from harassing, threatening, stalking, engaging in slander or libel or otherwise encroaching on the legal freedoms of any individual.
    1. You are prohibited from distributing by any means (physical, digital or verbal) any comments, information or material that is indecent, abusive, inflammatory, defamatory, offensive, or unlawful.
    2. You are prohibited from distributing by any means (physical, digital or verbal) any material or information that violates the copyright, trade secret, patent, trademark or intellectual property of any commercial business or person.
    3. You are prohibited from distributing by any means (physical, digital or verbal) any material or information that violates the legal freedoms or rights of any individual or company that may result in criminal or civil liability under Canadian or British Columbian law.
    4. You are prohibited from distributing by any means a virus, tool, robot, trojan horse or any other invasive digital programs or scripts for either malicious or benign purposes.
  • You cannot alter or remove any content, statements, notices or proprietary information or materials that is uploaded, distributed, published, disseminated, advertised or posted with respect to your engagement with or solicitation of services from the Company.
  • You cannot fraudulently alter or tamper the source of materials that are uploaded, distributed, published, disseminated, advertised or posted with respect to your engagement with or solicitation of services from the Company.
  • You cannot engage in surveys, contests, solicitation, chain letters or other actions that are deemed to be spam in nature with respect to your engagement with or solicitation of services from the Company.
  • You may not copy, obtain, download or acquire any information or material that is uploaded, distributed, published, disseminated, advertised or posted by another person for which its use is prohibited in a fraudulent or unintended manner.
    1. You are prohibited from providing the personal information of another individual, as outlined in the Company’s Privacy Policy, without their written permission
    2. You are prohibited from providing personal information for an individual that is under 18 years of age, as outlined by the Privacy Policy.
  • You are prohibited from attempting to or successfully obtaining access to the Company’s website, technology, data, network, environments or accounts without written authorization.
  • You are prohibited from attempting to bypass the Company’s digital, physical or other security mechanisms, nor assess or otherwise investigate the fidelity of the Company’s Sites, network, systems, accounts, or physical and/or digital infrastructure.
    1. You are prohibited from using the Company’s Sites to potentially or successfully damage, disable, overburden or impair their function or limit the ability of others to access the Site, including their ability to use live functions of the Company’s digital platforms.
    2. You are prohibited from using any virus, tool, robot, trojan horse or any other invasive digital programs or scripts in order to duplicate, eavesdrop or track activity on the Company’s Sites.
    3. You are prohibited from using any manual means in order to duplicate, eavesdrop or track activity on the Company’s Sites without prior written consent from the Company.
    4. You are prohibited from employing any device or item to impede or interrupt the function of Company Sites or activities.
    5. You are prohibited from employing any form of denial-of-service attack to impede or interrupt the function of Company Sites.

The Company requests that Users please refrain from uploading or posting any personal details (as outlined in our Privacy Policy) on areas of our Sites that are publicly accessible.  Should Users elect to post information which is publicly accessible on our Sites, please note that in doing so you hereby give irrevocable permission to the Company in perpetuity to reproduce, modify, publish, display, elaborate upon, distribute and use such information in its entirety (or a portion thereof) for any purposes or uses.

  1. SERVICE TERMS
    • ShipByMail.com, the Company, will supply registered Users with the shipping address for our warehouse facility in Canada in order for the User to arrange and send merchandise from Canadian merchants or individuals for the purposes of export.
      1. The primary services provided by the Company include the following:
        1. Receiving, sorting and processing incoming merchandise purchases on behalf of the registered user.
        2. Performing item and package condition checks (such as checking for damage or leaks).
        3. Matching received goods to pending shipments (ensuring all packages are assigned to their rightful owners)
        4. Repacking and adding protecting materials (where necessary) to outgoing merchandise on behalf of the User for export purposes.
        5. Providing consolidation services for incoming merchandise.
        6. Preparing and dispatching User merchandise for export.
        7. Preliminary inspections for the International Air Transport Association (IATA)
        8. Acting as agent on behalf of the User for the purposes of merchandise export.
        9. General provision of customer services and client engagement.
      2. Following instruction and payment of services from the registered user, the Company will dispatch and export the supplied goods, merchandise or packages to the requested address using a non-affiliated delivery services company to provide forward freight services and cartage.  Upon receipt of items to the Company’s warehouse, ShipByMail representatives are authorized to open and review all incoming goods shipped for the purposes of export, performing condition checks, item verification and review of applicable export regulations for the purposes of completing our requisitioned services for User.  Member Users are required to satisfy all obligations for importation to the destination country in which the goods are finally received.  Through provision of services, registered Users provide their express authorization for ShipByMail to act as export agent on behalf of the User, enabling the Company to provide authorization to the assigned cartage and freight provider so that they can complete the requisite delivery, customs brokerage, clearance and entry requirements in order to satisfy the terms of the service transaction.
      3. Member Users acknowledge that the designated non-affiliated delivery services company (cartage and freight provider) assigned to provide delivery services for their goods may reserve the right to inspect and investigate any merchandise for which their delivery services are required on behalf of the Company.
  • Upon provision of transactional details, the member User will provide the company with authorization to charge their authorized method of payment for the entirety of services rendered, including account membership to Company Sites.  A summary of relevant charges includes but is not limited to dues for membership, shipping and handling fees, charges for merchandise returns, storage or late fees, photography fees, “Buy For Me” expenses and fees, or any additional optional services requested by the User.  Should payment not be received for services upon execution, possible late fees, terminate-shipment fees, service suspension charges, membership cancellation, involuntary returns charges or fees for disposal of discarded merchandise may occur.
  • Should the registered User select a credit card as their method of payment, the User provides their authorization for the Company to charge their payment account with an aggregate remuneration not to exceed any invoiced totals to date.  As such, the Company may elect to charge the credit card with the total amount owing or any combination of sums that equal the total charge, as denoted in the User invoice.
  • Fees associated with shipping and delivery charges are based on the mass and dimensions of the packaged item.  Fees will be charged based on the greater of either the dimensional weight or actual weight.
  • Active registered Users are permitted to store received goods at the Company warehouse for up to 30 days without additional fees.  Following the 30-day period, the User will pay storage fees per item per day, as outlined in the Company’s fee schedule.
  • Illegal, restricted, banned or prohibited goods are not permitted to be stored on the Users behalf and will be subject to forfeiture, rejection, destruction, release to government or law enforcement officials, or will be sold (with proceeds donated to charity).
  • Insurance fees for all merchandise deliveries is based on the total insured value of all items contained within the shipment.  The price for each $100 CAD of insured value is $3.50 CAD.  The terms and conditions of the assigned cartage provider may also affect the insured value of the goods.  All individual insurance claims are considered in isolation, with any payment claim being based on the declared value of the item(s).
  • All insurance claims are required to be fulfilled within the requisite time statuteete.  To complete a claim submission, ShipByMail must receive the following: relevant documents pertaining to the shipment (including purchase receipts, images of the merchandise, and all completed claims paperwork). Each claim is performed in isolation of other insurance submissions and can take a minimum of two (2) months to process.  Despite the declared value of goods or insurance fees, certain items may have liability limitations on damage or loss, including but not limited to electronics (including computers, printers and televisions), jewelry, lighting, furniture, and figurines.  The lesser between the receipt price, commodity limit of liability or declared value will inform liability limitations on any goods received after delivery to the Company.  The Company assumes no liability as result of packaging defect from the manufacturer or original retailer, nor loss or damage incurred prior to receipt at the warehouse while goods were in transit between the retailer and Company.  Insurance claims submitted outside the statute limitations are invalid and will not be reviewed nor awarded.
  • The User and/or Company are at liberty to terminate the Membership upon submission of written communications (including letter mail, email, fax or via electronic means on the User’s online account).  Upon termination of the Membership, the Company is not liable to refund any remaining value on unused segments for the Term of their membership as the remaining value of said fees is related directly to the expense of initializing, maintaining and managing the User account.
  • There is no refund for fees associated with the establishment or maintenance of User memberships, regardless of their status.  Fees for the shipment or forward transfer of goods for non-member Users, Users whose memberships have sufficiently lapsed (in excess of 30 days) or those Users who have cancelled their accounts is double the fee amount of those noted on Company Sites.
  • In the event that a User’s membership remains unpaid for thirty (30) calendar days, signifiying that the User’s account will be in default and not in good standing, it is at the discretion of the Company to terminate the membership and in doing so, elect to manage any incoming packages by either disposing of received goods or shipping them back to the individual or merchant point of origin.  Cancellation or default of membership will result in the forfeiture of User rights to claim any goods, merchandise or packages held on their behalf by the Company.  In the absence of written notice from the User member requesting a cancellation of their account, renewal of annual or monthly member accounts is processed and charged automatically in advance of each subsequent Term.
  • In the event that a User’s account becomes sufficiently in arrears to be unpaid in over thirty (30) days, it is at the discretion of the Company to exercise the right afforded through the Terms and Conditions herein, as well as any additional contract governing the performance and sale of services, all remedies and rights of which are afforded under the terms of any pertinent law, including the Sale of Goods Act of the Province of British Columbia.
  • All Users grant that any shipped packages received in trust by the Company are held in lien as secure collateral for the timely, full payment of pending services to be rendered by ShipByMail their behalf.  Absence of timely, full payment for services by the User may result in the forfeiture of any packages, merchandise or goods received by the Company.
  • With no limitation to the stipulations herein, in the event of account delinquency or forfeiture of shipped goods through non-payment of services within the aforementioned time period, the Company is permitted without limitation to, i) seize all received packages within their possession within all means permitted by governing law, ii) hold and maintain such seized goods, and iii) assign, sell, transfer, purchase or grant use of said package, merchandise or goods without redemption by the User.  Within the terms of the Sale of Goods Act of British Columbia and other applicable law, the Company reserves the right to purchase the package contents in part or whole with proceeds awarded to their charity of choice.  Upon point of account delinquency or non-payment of services within the requisite time period, the member User forfeits and waves all rights to compensation or retrieval of the goods, packages or merchandise retained by the Company.
  • The Company reserves the right to retain any and all Title to goods, merchandise or packages within its possession that cannot be forwarded to the User due to applicable Canadian export laws and/or import bans or restrictions in the destination country to which the forward package was requested to be dispatched.  The Company reserves the right to exercise the option of either returning all such forfeited goods, merchandise or packages to the User at their expense, or disposing of said forfeited goods by means of sale, donation, destruction of item or submission to applicable law enforcement or government department.
  • It is the acknowledgement and agreement of the User that they receive assigned Title of goods or merchandise in advance of its arrival to and receipt by the Company.  In addition, the User bears the full responsibility, expense and risk of loss for having said goods and merchandise shipped or transferred from the point-of-origin merchant or individual seller to the Company in order to receive forwarding services.
  • Should the Company receive a forward package with an out-of-date, abridged or erroneous mailing address, the Company reserves the right to charge a fee to the determined User member as per the current fee schedule.  It is the responsibility of all User members to verify and warrant that all details associated with the arriving package are accurate and complete, including all details required for package consolidation.  Any goods, merchandise or packages received with incomplete addresses or Member details are at risk of being returned to Sender or forfeited.
  • In the event of non-payment for outstanding invoices overdue by 30 days relating to the pending shipment of goods, a daily rate charge will be levied as per the Company’s fee schedule. 
  • The Company suite number used exclusively by the member User is solely employed for use in receiving goods for the purpose of receipt and processing, storage, repackaging, consolidation and/or export to the requested destination of origin, providing that the contents of the shipment are in compliance with all applicable Canadian export laws and all import requirements and restrictions of applicable transit regions and the jurisdiction of final destination.  As such, member Users are prohibited from using their exclusive suite number and ShipByMail Company address for any purpose other than the authorized dispatch of products for export, for which they hold a membership in good standing.  Representation of the Company address as a place of business or residence by the User constitutes a violation of these Terms & Condition, which thereby may result in the permanent termination of the member User account.
  • It is the sole responsibility of the member User to comply with all terms and conditions related to the sale of goods by the point-of-origin selling merchant or individual that is tasked with dispatching goods, merchandise and/or packages to the Company on behalf of the User.  The member User is also solely responsible for all transactions, communications and responsibilities with and to the selling merchant or individual for receipt of the ordered items and as a result, ShipByMail.com maintains no liability whatsoever to the seller in regards to their terms and conditions.
  • It is the sole responsibility of the member User to inform the selling merchant or individual that any purchased goods, merchandise or package is intended for export from Canada.  It is the responsibility of the User to research, review, and comply with any and all export restrictions for goods exiting Canada, as well as the laws, requirements and prohibitions for items entering the destination country, as outlined in the sections below pertaining to Observance and Conformance to Export and Import Guidelines, Restrictions and Law (subsect: C.1.).  The User is thus required to ascertain the legal classification of the good, merchandise or package for export to verify if any licences are required for the export of the purchased goods.  Users are prohibited from shipping any prohibited and/or Controlled substances, items or goods from the seller point-of-origin to the Company for the purposes of export without prior written authorization, licensing and supply of export pre-clearance documentation to the Company for review and approval in advance of receipt.

 

  1. ACKNOWLEDGEMENT AND ACCORDANCE WITH LAWS
    1. Observance and Conformance to Export and Import Guidelines, Restrictions and Law
      • It is the sole responsibility of the User to comply with all applicable regulations, rules and laws as they pertain to the sale, procurement and/or transport of goods within Canada, as well as for export from Canada and import through, over and to all transit regions and final destination country.  The member User is fully responsible for compliance with all relevant import and export requirements and restrictions related to the shipment of their items (including the request, compliance and supply of all applicable export or import licenses, not limited to those required by the Canada Customs Act, Canada Border Services Agency, Customs Tariff Regulations and the laws and regulations of any requisite import body or destination).
        1. It is the warrant and representation of the User that all activities conducted in association with the services provided by the Company as Agent are compliant to all applicable laws and regulations within the jurisdiction in which transport and transactional activities occur, including laws and regulations governing the sale and transport of goods within Canada, as well as laws and regulations governing the export of goods from Canada, and laws and regulations with either the jurisdiction of residency of the User, the regions through which the goods are transferred or final destination in which the shipment of items are received.  Further details on goods or items that are banned or prohibited from being shipped to the Company or exported/imported by a non-affiliated third-party delivery services company or agent working on the Company’s behalf are listed on the ShipByMail.com website.  Please note that it is the full responsibility of the User to review this list and research the requirements in the destination country as these rules and regulations are subject to change without notice and are outside the authority of the Company in their role as Agent.
      • It is the warrant and representation of the User that:
        1. They are the final recipient of any mail or consolidated goods transfer shipped to the recipient’s address and in the event that these goods or items are designated for resale, that the User shall provide data that stipulates the identity of or information on the end user be supplied to the Company upon request;
        2. That all goods imported to the final destination recipient will remain and be used in the country or region in which they are received; and
        3. That any goods, merchandise or packages received from the Company at the final destination will at no time be re-exported to a different destination country as such actions are prohibited under these Terms and Conditions.
      • It is prohibited for a User to return any foods, dietary products or nutritional supplements to Canada that have been shipped by the Company, with said restriction also extended to prohibit the end user (recipient) or resale client) from returning any similar goods or merchandise to Canada. 
      • ShipByMail, the Company, warrants that it is their reserved right to request that Users provide and certify the end user of goods, merchandise or packages exported by or on behalf of the Company.
      • For those member Users who resell imported goods received via the Company as Agent, you certify that you agree and are bound by the following requirements:
        1. As member User, you certify that you are compliant to the Terms & Conditions outlined herein (which are subject to change at any time with written notice provided on our Sites, proprietary tools, by mail or via email) in relation to all communications, engagement and activities with the Company and that through purchase of Membership and services, said requirements are a condition of Membership for which any account may be closed and attributed any listed fees for non-compliance.
        2. Reseller member Users agree, acknowledge and warrant that they shall refrain from violating Canadian law and regulations through the resale, disposal, transfer or use of goods, merchandise or packages shipped from the Company, including the prohibition to re-export goods from the final destination that were received through services provided by the Company.
        3. Users acknowledge and warrant that as part of their membership and/or client engagement with the Company, they have reviewed and will abide by the restrictions on the export of any consolidated goods, merchandise or packages as outlined in the Canadian Export Control List (link for reference: http://www.international.gc.ca/controls-controles/about-a_propos/expor/guide.aspx?lang=eng).
        4. Through the resale of any items received by the User or their authorized agent, the User warrants and represents that all distribution and sale of import goods is compliant with any law and/or regulations regarding their sale and use within Canada, including any relevant sanctions, embargoes or boycotts which may be in place by the Canadian government.  It is the sole responsibility of the User to warrant and confirm that at no time will they resell goods to any banned party as outlined in Canadian government trade documentation (please see information on Canada’s trade policy and/or diplomatic relationship to all relevant final destination countries here: https://www.international.gc.ca/world-monde/country-pays/index.aspx?lang=eng).
        5. The User warrants and represents that only goods, merchandise or items purchased within Canada will be supplied for package forwarding services by the Company, meaning that the User will refrain from knowingly purchasing goods that require import to Canada following origin point-of-sale between the User and initial seller.
        6. The member User warrants and represents that they will be recorded as the importer on all documentation and materials with respect to the transfer and forwarding of goods performed by the Company as Agent on their behalf.  As such, the User bears the responsibilities as importer upon arrival of the forward package to any transit nations or final destination and thus is liable and required to be compliant on all obligations and requirements pertaining to the licence and important of goods in said jurisdiction.
  • In such manner that the member User engages in resale activities at the destination of all import goods, whereupon the goods are specifically requested and procured for customers of the User (who is known upon the period of export and for which the items are procured), the following conditions must be fulfilled by the User or designated agent of resale:
    1. It is the required responsibility of the member User acting as reseller to identify the final customer to the Company prior to establishing a transaction on the behalf of said resale customer, with the liability and onus attributed to the User for ensuring that any resales do not occur with persons or groups prohibited from engaging with Canadian trade, foreign trade or trade in the jurisdiction of the final destination of goods.  It is requisite for the resale customer to be listed on the registered User account as an additional beneficiary (“additional name”), which may be subsequently provided to the non-affiliated delivery services company or additional third party service providers.
    2. It is required for resale customers to provide written agreement that they agree to and will remain compliant to the Terms and Conditions provided herein.  It is at the sole discretion of the Company to request the aforementioned warranty at any time as a condition of service, with the User reseller to be solely responsible for the communication of said requirement in the relevant language of the additional beneficiary client, with such message conveying the following: “The items listed herein are scheduled for export by an agent of the reseller for the sole purpose of performing consolidation and package forwarding services on behalf of the reseller.  Through the execution of this transaction, you warrant that you are and will remain bound by the Terms and Conditions of the consolidation agent and are liable for any violation of laws or regulations for which the provision of the aforementioned goods is employed.”

 

  1.  Goods that are Banned, Restricted or Prohibited from Export
  2. The following items are a selection of goods that are restricted, banned or require additional licensing for export from Canada, with supply of documentation and/or requisite license for export and/or import being the sole responsibility of the User (with any delays for receipt of requisite documentation and/or licenses being the responsibility and at the expense of the User), which may include but is not limited to:
    1. Flammable, explosive and/or other varieties of combustible goods (including but not limited to lighters, nail polish, paints, oils, perfumes and any additional incendiary devices or items)
    2. Pressurized goods (including gas cartridges, hair spray, spray paint, shaving cream, aerosol products, static removers and more)
    3. Any variety of firearms, weapons and related components, including but not limited to ammunition, knives, handcuffs and other forms of restraints, weapon components, crossbows, replica weapons, swords, weapon accessories (such as laser sights and scopes), conducted electrical weapons (such as tasers, stun guns and shock batons), surveillance products, weapon repair or maintenance apparatuses, night vision goggles and more
    4. Organic products under the administration of Agricultural regulations, including seeds, plants and tobacco goods
    5. Coffee beans, grounds, seeds or derivative products (restricted use in some jurisdictions)
    6. Foods that are perishable in nature (including raw, frozen, or fresh foods), many of which are not permissible for return or resale within Canada
    7. Animal remains or products, including but not limited to products that contain fur, bone and/or ivory
    8. Monetary items, including but not limited to cash, coins, bank drafts, bonds, money orders, cheques, stamps, precious metals and stones (including jewelry), lottery tickets and gambling mechanisms or devices. Please note that importation of jewelry, metal and precious stones is restricted in certain jurisdictions and is limited to a maximum insurable value of $500, with all remaining risk and liability held solely by the member User
    9. Materials deemed to be pornographic or indecent in nature
    10. Objects of cultural, historical or national significance that require clearance before removal from their country of origin
    11. All controlled prescription, narcotic and/or veterinary medications, including controlled cannabinoid products
    12. Items that may be used for the purposes of crime, including but not limited to devices designed for picking locks
    13. Government issued items such as licences, identification, materials, apparel, accessories or any counterfeit representations thereof, including but not limited to patches, badges or uniforms
  3. Any remaining data or expendable materials obtained via used equipment by the User is deemed to be their full responsibility, including but not limited to data, software, materials and or images that may be in contravention of export or import regulations, rules or applicable governing law.
  4. The Company warrants that it will in no way participate in the transaction and transportation of any items through export from Canada and import or transit through or to any country where importation and transit of said items are in violation of the terms of CBSA (Canadian Border Services Agency), EAR (Export Administration Regulations), IATA (International Air Transport Association), and/or ITAR (International Traffic in Arms Regulations), and as such the registered User warrants that they will in no way participate in any such transactional activities through their engagement with the Company as package forwarding Agent unless such instances where the User has supplied valid license documentation warranting that any transport of items under the authority of CBSA, EAR, IATA and/or ITAR are permissible under the terms of the specific goods licensed for export/import.  In no circumstances will the Company permit transportation and processing of any items regulated under the terms of ITAR.  It is the full responsibility of the User to disclose the nature of any and all items for transit or transport through services provided by the Company.  It is the full responsibility of the User to ensure that at no time can any prohibited, restricted, illegal, non-exportable and/or non-importable goods are shipped to the Company at any time and as such, the Company warrants that it reserves all rights to either return any items to the point of origin individual or merchant, dispose of the items through sale or destruction, or to submit the items to government or law enforcement.
  5. Information on use of Restricted and Prohibited Items is listed on the Company’s Sites at ShipByMail.com.  Please also consult with additional relevant government sites relating to the export of goods from Canada, including the Canada Border Services Agency and Canada Customs Act.

 

  1. Sanctioned, Prohibited and Restricted Countries, Destinations and Users
    • Users within or shipments for transport to the following nations and regions are ineligible from receiving services from the Company:
      1. Syria
      2. Iran
      3. Iraq
      4. North Korea
      5. Myanmar (Burma)
      6. Sudan
      7. Eritrea
      8. Somalia
      9. Zimbabwe
      10. Libya
      11. Central African Republic
      12. Democratic Republic of Congo
      13. Cuba
    • At no time shall the company provide services to any entities or persons within any prohibited nation or region, as identified on our website or on the Government of Canada official page on Canadian economic sanctions (https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/types.aspx?lang=eng)
    • Users are prohibited from facilitating the purchase of merchandise or items for the purposes of export to a country or region deemed to be sanctioned, restricted or otherwise prohibited from receiving goods sold in Canada, nor are Users permitted to purchase goods on behalf of individuals or groups deemed as Prohibited Persons (including groups affiliated with Al-Qaida, ISIS (ISIL), the Taliban or any other known individuals or groups for which there is a trade embargo).  Users are additionally prohibited from attempting to facilitate export of any items from Canada to a restricted jurisdiction or Prohibited Person under any circumstances.  In the event that a User attempts to solicit services from the Company for the purposes of shipping goods to a restricted jurisdiction or person, the account of the User will be immediately severed in perpetuity.  The Company reserves the right to request documentation certifying the identity of the individual or group at the proposed final destination of import, with any failure to provide the requisite documentation resulting in either the confiscation of goods held in trust, removal of interested parties from the User account or termination of the account in perpetuity.  The Company reserves the right to require the User provide a Statement of Assurance outlining their agreement and obligation to be compliant to the laws and regulations governing export of goods from Canada.
  2. Observance of International Trade Regulations

ShipByMail is committed to the full and transparent compliance with all applicable laws, regulations and rules governing the export of goods from Canada, transit and importation of goods governed by International Trade covenants and regulations.  The Company warrants that they perform the necessary due diligence and caution to safeguard the Company, Users, third-party associations and any additional party of interest.  As required by export and importation regulations, should any items be received by the Company that do not include an accurate listing of goods and costs on an invoice or item, it is the full responsibility of the User to provide valid details on the pricing of all items shipped to the Company for international transport.  The Company reserves the right to investigate and/or audit any shipments to determine accurate and truthful valuation of the received items.  In addition to the risk of termination of account, any User acting through fraudulent or illicit means through their engagement with the Company will potentially be subject to criminal and/or civil prosecution, and/or be invoiced fines in relation to their breach of contract, violations of the Terms & Conditions herein or falsification of statements to the Canadian government regarding exportation.

  1. Prevention of Fraud
    • ShipByMail.com takes every reasonable precaution to thwart fraudulent use of our Sites, proprietary online tools, and digital and/or physical communications.  NOTWITHSTANDING THE AFOREMENTIONED TERMS, THE COMPANY SHALL NOT BE CONSIDERED LIABLE FOR LOSS OR DAMAGES INCURRED THROUGH THE FRAUDULENT USE OF ALL SHIPBYMAIL.COM MATERIALS, TOOLS (DIGITAL AND/OR PHYSICAL) AND SERVICES USED BY ANY INDIVIDUAL, GROUP OR THIRD PARTY.   Should any User suspect there has been fraudulent use of their account, they must immediately contact the Company to remedy and/or cancel (either permanently or temporarily) the registered account in question.
    • All Users, individuals, groups and third-parties are prohibited from using the Company Sites for the purposes of engaging in fraudulent activities, be they through arrangement and receipt of financial tender (including but not limited to money orders, cheques or other forms of exchange), for pyramid schemes, or any additional fraudulent means.  It is the acknowledgement and warrant of all Users that the data and information provided by the User (or third-party agent of the User) to the Company be fully accurate and compliant to all provincial and federal regulations, rules and laws.  It is the sole responsibility of the User to maintain the accuracy of their account records, with any fraudulent statements or data subject to civil or criminal proceedings under the jurisdiction of the Government of Canada and Province of British Columbia.
  1. ROLE AND ASSIGNMENT OF COMPANY AS AGENT
    • Through engagement of services with ShipByMail.com, the User warrants that they provide full authorization for the Company to represent their interests as rightful Agent for the following purposes:
      1. Completion of mailing and transportation documentation.
      2. Completion of Certificates of Origin.
      3. Completion of waybills and any additional documentations required for the exportation of goods on behalf of the User.
      4. For the Company to engage and contractually request services from any and all relevant third-party service providers, with authorization to supply third parties with the right to sub-delegate services as required.
      5. Provide authorization for the third-party shipping or freight company to perform all required export clearance and import certifications, including such activities as the delegation and remuneration of any requisite customs broker or other clearance services.
    • The Company warrants that it maintains the right to audit and investigate the accuracy or validity of any details provided by the User at any time (such as but not limited to confirmation of any valuations, item materials, account numbers or export license documentation).  The registered User bears  full responsibility for the remittance of fees and invoiced costs, as well as responsibility associated with forfeiture of items resulting from the negligent, fraudulent and/or inaccurate provision of personal data or provision of goods, merchandise or packages to the Company.  In the event of negligent, fraudulent or illegal activities by the User, it is the right of the Company to deny reimbursement for the value of shipped goods in the event that the activities are not sufficiently remedied by the User to the full satisfaction of the Company in order that it remain compliant to all lawful and ethical business operational requirements.
    • The User is solely liable for providing and maintaining accurate data with the Company as required by Canadian regulations and laws.  The User bears all criminal and/or civil risk associated with the act of making statements that are fraudulent or false through the course of their engagement with the Company.
    • The Company bears no liability to maintain account or auxiliary records on behalf of any former or current member Users outside those records which are required to be maintained by law.  It is the sole responsibility of the registered User to maintain accurate account information, shipment details, registration numbers, licensing information, item valuation and any additional requisite information for use from or by third-part agents, sales or services.
  2. INDEMNITY
    • The User warrants and acknowledges their sole liability and indemnify the Company and its directors, employees, shareholders, partners, officers, agents and contractors against all losses (consequential or inconsequential), claims, judgements, liabilities, damages, interest, awards, fines, actions, penalties, costs and/or expenses (inclusive of legal fees or amounts associated with litigation or criminal proceeding) incurred as a result of the execution and fulfillment of these Terms & Conditions herein, including but not limited to:
      1. Negligence on behalf of the User or User’s associates, agents, employees, contractors or other individual or body acting on their behalf either directly or indirectly with respect to the exercise of User account activities and/or privileges;
      2. The violation of any warrants or representations made by the User or deliberate or unintentional inaccuracy of any instrument or document employed, delivered or executed within the terms of this Agreement;
      3. Any non-performance, non-compliance or actions of the User are in breach of the Terms & Conditions herein;
      4. With the exception of misconduct or gross negligence on behalf of the Company, ShipByMail.com shall not be held liable for the determination, classification, preparation and execution of documentations and/or goods performed on behalf of the User;
      5. The event where the User is in violation of the aforementioned policies on fraud and/or attempts to falsify or through negligence provide inaccurate, incomplete or false information; and
      6. The User fails to abide by the Terms herein and with respect to any law or regulation governing export from Canada and importation of shipments abroad.
    • Through communications with and use of Company Sites, services and tools, the User warrants that the stipulations of the Terms & Conditions herein represent material consideration for the Company to engage and maintain this Agreement, whereupon all transactions and activities occurring to date will survive the termination and/or expiry of this covenant.

 

  1. TERMINATION

The User accepts all risk in the event of any action or occurrence that is in whole or in part a violation of the Terms & Conditions outlined within this Agreement, with any segment of the Agreement deemed unenforceable or invalid under the applicable rule of law to be superseded with enforceable, valid provisions which match or reflect the intent and spirit of the initial Agreement, under which case such subsequent provisions will govern the use of this covenant.

 

  1. ABSENCE OF LEGAL PARTNERSHIP

The User warrants that no partnership, agency relationship, joint venture or employment (other than those explicitly represented within these Terms and Condition) are present between you and the Company as a result of this Agreement, engagement of services or use of Company Sites.

 

  1. FULLY INTEGRATED AGREEMENT

The covenant herein comprises the full Agreement between the User and Company, ShipByMail.com with regards to the use of its Sites, tools and services.  The Terms of this covenant supersede all previous proposals and communications (including verbal, electronic, and written communications) between the User and Company.  Any suggested breach of the Terms and Conditions within this agreement is not to be considered a waiver of any subsequent breach in the future.

 

  1. CONFLICT OR JURISDICTION OF LAW

This Agreement and any disagreement or dispute regarding the Terms and Conditions herein is governed by all applicable regulations and laws within the jurisdiction of the Province of British Columbia and federal Canadian statute, without application of conflicting principles regarding the jurisdictional conflict of legal principle or regulation.  The parties of consideration, the User and the Company, warrant and consent that the exclusive jurisdiction of consideration for any relevant legal or civil proceeding remains the exclusive domain of Canadian courts, with all parties waiving any claim that jurisdiction within Canada is inconvenient or improper.  All litigation, civil or criminal claims occurring from the enforcement or interpretation of this Agreement waive the right for either party of consideration from electing to a trial by jury, whereupon the other party will be liable for all expenses and costs incurred by the prevailing party, including but not limited to legal fees, consultancy, expert testimony and more.  Notwithstanding any venue restrictions or conflict of jurisdiction, the prevailing party bears the sole right to enforce the terms of any judgement within any venue or jurisdiction.

 

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