Terms of Use

Effective Date: January 1, 2020

Please read these terms and conditions of use ("Terms of Use") in detail. By accessing or using our website and services, you agree to be bound by the terms and conditions of these Terms of Use, Terms of Service, and all terms incorporated into these Terms of Use by reference.

Please review the following terms carefully. By using the Site or any Shippsy services (“Service”), you are agreeing to these terms, which govern your use of the Site and our Services. If you do not agree to these terms, you must stop using our Site and our Services. In addition, please refer to our Privacy Policy for information on how Shippsy collects, uses and discloses personally identifiable information from its users on the Site.

The term “you” (“your”, “yourself”, “User”) refers to the person accessing or using the Site or our Service, or the company or organization on whose behalf that person accesses the Site or our Services.

These Terms of Use apply to your access to, and use of, the website and services of Shippsy Express, Inc. ("Shippsy"), located at www.shippsy.com (the "Site", "Shippsy").

You represent and warrant that you are authorized to accept these Terms of Use on behalf of yourself (and any other person or entity that uses your account), and that you and such entity agree to indemnify Shippsy for violations of these Terms of Use.
These Terms of Use exempt Shippsy and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of our Service.

While we always like to be available for you, the Internet is inherently unreliable so your access to and use of the Site may be interrupted, slow, or even inaccessible at times. Shippsy also needs time to update the Site, and while Shippsy tries to do this during slow periods, Shippsy cannot always wait or schedule downtime that way. These basic terms apply to your use of Shippsy. Shippsy will terminate your account if you violate any of these terms:

Shippsy reserves the right to change or modify any of the terms and conditions in these Terms of Use or any policy or guideline of the Site and Service, at any time and in its sole discretion.

Any changes or modifications to these Terms of Use will be effective immediately upon posting on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the changed or modified terms, you must stop using the Site.

As the provider of the Service, Shippsy will receive items ordered by you, the consumer, from the United States and deliver the items to an address within Canada. Items may be picked up at selected Shippsy pickup facilities within Canada, or delivered to your final destination by a method chosen at Shippsy’s discretion, which may be a courier directly employed by Shippsy or a third-party service provider.

Once items arrive at a Shippsy facility, the following storage guidelines will apply:

PARCELS (small packages)

Free storage: You will enjoy free storage for parcels up to 30 days, which is divided into 15 days of free storage while the shipment is in the US and an additional 15 days of free storage while the shipment is in Canada.

Exceeding 15 days in the US: If your parcel remains in the US beyond the 15-day limit, a fee of 1CAD per day will be applied for up to 30 days. If the shipment is still marked as "ACTION REQUIRED" after 30 days, it will be sent for disposal, incurring an additional disposal fee of 2.50CAD + tax.

Exceeding 15 days in Canada: Similarly, if your parcel is in Canada for more than 15 days, a fee of 1CAD per day will be charged for up to 30 days. If the shipment is not picked up after 30 days, it will be sent for disposal, and you'll be responsible for the disposal fee of 2.50CAD + tax. Additionally, all handling fees and relevant CBSA Tax and Duty fees will also apply.

FOR PALLET SHIPMENTS

Free storage: Pallet shipments are eligible for free storage for up to 14 days, which is divided into 7 days of free storage while the shipment is in the US and an additional 7 days of free storage while the shipment is in Canada.

Exceeding 7 days in the US: If your pallet shipment stays in the US beyond the initial 7 days, a fee of 10CAD per day will be charged for up to 15 days. If the shipment is still marked as "ACTION REQUIRED" after 15 days, it will be sent for disposal, incurring an additional disposal fee of 2.50CAD + tax.

Exceeding 7 days in Canada: Likewise, if your pallet shipment remains in Canada for more than 7 days, a fee of 10CAD per day will be applied for up to 15 days. If the shipment is not picked up after 15 days, it will be sent for disposal, and you'll be responsible for the disposal fee of 2.50CAD + tax. Additionally, all handling fees and relevant CBSA Tax and Duty fees will also be charged.

By using the Service for transferring goods from the US to Canada, you hereby authorize Shippsy and any agent chosen by Shippsy to act as your agent and representative in communicating with the Canada Border Services Agency (CBSA) to clear your item and to account for duties and taxes. All duties and taxes will be payable prior to final delivery or pick up of your item.

Shippsy may require proof of your identification from time to time, and your failure to provide such proof may result in delays in the Service or suspension of your access to the Service.

All items to be transported through the Service must be shipped to Shippsy from the United States. Items which are shipped to Shippsy from outside of the United States will not be processed for entry into Canada. 

As a business to consumer service, all items transported through the Service will require a commercial invoice in order to clear customs, and items cannot be declared as gifts. The Service cannot be used to send personal gifts from one person to another. Items sent as a personal gift without a commercial invoice will not be permitted entry into Canada, and the user of the Service will be responsible for all fees associated with the return or disposal of the item. Items which are intended to be sent as a personal gift must be transported directly by a courier to the final addressee, and Shippsy cannot act as an intermediary. For greater clarity, items may be ordered from an online retailer as a gift for delivery to Canada, as long as there is a commercial invoice accompanying the order, and the shipment is not being declared as a gift to customs.

You are fully responsible for the content and nature of any items which are transported through the Service, and it is your responsibility to ensure that the item can be transported into Canada. This responsibility includes complying with all applicable taxes, import and export laws, and any other shipping restrictions, and making all necessary and accurate customs declarations.It is your own responsibility to be aware of and understand these requirements. Your failure to comply with these requirements may result in the destruction or return of the item to the seller at your own expense, for which Shippsy will not be held responsible.Furthermore, Shippsy strictly prohibits any illegal activity performed through or in relation to the Services.

For your reference, please click here for a current list of prohibited items which may not be transported through the Service. This list is provided for reference purposes only, and is not meant to be exhaustive or be taken as legal advice. It will ultimately be your responsibility to be aware of the most up to date restrictions and laws relating to the items to be transported into Canada.

You agree and acknowledge that Shippsy will receive no information or have any responsibility with respect to the content of any packages that you transport through the Service. Furthermore, you will be liable to Shippsy for any damages that Shippsy has suffered as a result of your failure to comply with any of the applicable laws and/or shipping restrictions, damages which may include legal fees, fines, or any other loss suffered by Shippsy.

Shippsy reserves the right to refuse, withhold, turn over or destroy any items that are in contravention of any local laws or shipping restrictions, national regulations or are otherwise potentially dangerous or prohibited by law. Shippsy is not responsible for any packages which are lost, destroyed, or confiscated by government authorities in contravention of the above.

 You understand and acknowledge that any items transported into Canada through the Service may be subject to inspections by the Canadian Customs for compliance with local laws and duties. Shippsy is not responsible for any damage to the items, liabilities, penalties or additional charges which may be incurred as a result of these inspections.

For any items which have been prohibited from entry into Canada, you may be required to provide Shippsy with a pre-paid return label to return the item to the sender, or pay a processing fee for Shippsy to dispose of the item.

It is your responsibility to ensure the accuracy of any information that you provide to Shippsy and any sellers or suppliers. Shippsy is in no way responsible for any lost or mis-delivered packages as a result of error in the names, addresses, or other identification information provided by you to Shippsy or to the seller. 

In particular, errors or failure to provide your unique Shippsy identification number to the seller may result in your package being lost in Shippsy’s warehouse or otherwise delayed, and Shippsy will not be responsible for any damages that you may suffer as a result. Unclaimed items which are unidentifiable or otherwise undeliverable will be stored at a Shippsy warehouse for up to 30 days, after which it will be disposed of without any compensation to you. If Shippsy is required to locate a package as a result of your error, you may be required to pay an additional fee for this service, regardless of whether the package is ultimately found.

Shippsy will not be responsible ensuring that items are correctly or safely packaged, and will not be responsible for any damage to fragile or breakable items. All claims of this nature need to be resolved between you and the seller of the items. Shippsy will not mediate or otherwise participate in any disputes between you and the seller. 

If you need to return or exchange an item, you will need to confirm the method of return shipping directly with the seller.The Service may be subject to shipping delays as a result of circumstances beyond Shippy’s control, such as border inspections, restrictions or closures, or delay on the part of the seller. Shippsy is not responsible for any damages suffered as a result of delays in delivery to your final destination.

Accuracy of Information and Declarations
It is your responsibility to ensure the accuracy of any information that you provide to Shippsy and online retailers. Shippsy is in no way responsible for any lost or mis-delivered packages as a result of error in the names, addresses, or other identification information provided by you to Shippsy or the retailer, nor shall Shippsy be responsible for the consequences of any error in declaration as to value or weight of goods shipped.
For any error in declaration with respect to item value, weight, content (including shipment of prohibited items) or anything else that affects the ability to transport the item, Shippsy may charge an administrative penalty of up to $300 per item.
If there is any discrepancy between the weight of a package as provided by you and the weight as measured by Shippsy or any partner shipping carriers, you will be responsible for any additional payments required to ship the package. Any such payments may be charged to a credit card on file (for more information, refer to the Chargeback section below).
In addition, Shippsy reserves the right to terminate your use of the Site and Service, and to block or prevent your access to and use of the Site or Service, if Shippsy discovers an attempt to make a false declaration or provide any other information deemed unacceptable by the relevant border authorities.

Payment
Payment for the using the Service is made through credit card payment. Your credit card information is securely stored by our payment provider and will remain on file while you have any pending shipments with Shippsy, in the event that any Chargebacks (as described below) are required. Once a shipment has been completed, your credit card information may be removed from the system, or kept on file for future purchases.
Unless otherwise specified all prices are in Canadian dollars only.
There will be no refund of credit, cash or any other currency under any circumstances.

Chargeback
Shippsy reserves the right, at its sole discretion applying chargeback to your account for current and past error, regardless of the source of error. Any such errors will be corrected, if possible, by charging the credit card on your Shippsy account (“Chargeback”).

You expressly agree and give Shippsy consent to apply chargeback to you or your account, in the form of direct debit of your credit card, for any of the following reasons:
• Any errors or discrepancies in declaration, such as those pertaining to weight, dimension, content or value of items;
• Failure to pick up or otherwise complete the order after duties or other fees have been paid on your behalf;
• Any financial penalties incurred by Shippsy and/or administrative penalty as a result of errors caused by you; and
• Any billing or human errors by Shippsy, third parties (such as partner shipping carriers), and/or you which caused your account to be undercharged.

If Shippsy determines that a Chargeback is necessary, it will notify you of the Chargeback by email. Where the Chargeback is a result of an error in declaration by you, a further administrative penalty as set out herein will be added to the Chargeback amount.

If Shippsy is not able to process the Chargeback due to credit card or any other issues, the amount due will remain outstanding and interest will be added to and payable on all overdue amounts at the maximum percentage allowed under applicable laws. This amount will be shown in your account and will be in addition to any administrative fees, legal rights and remedies available to Shippsy to collect on the overdue amount.

Shippsy, the Shippsy logos and any other product or service name or slogan contained in the Site or the Site Materials are trademarks of Shippsy, or its suppliers or licensors, and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of Shippsy or the applicable trademark holder.

You may not use any meta-tags or any other "hidden text" utilizing "Shippsy" or any other name, trademark or product or service name of Shippsy without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service Shippsy, trademark and/or trade dress of Shippsy and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of Shippsy.

All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Shippsy.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Shippsy or any of its associates or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

You may not use any Shippsy logo or other proprietary graphic of Shippsy to link to this Site without the express written permission by Shippsy.

Further, you may not use, frame or utilize framing techniques to enclose any Shippsy trademark, logo or other proprietary information, including, without limitation, the Site materials, the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Shippsy's express written consent.
Except as noted above, you have no right or licence by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Shippsy or any third party.

Shippsy makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under the control of Shippsy and Shippsy is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.

Shippsy provides these links to you only as a convenience, and the inclusion of any link does not imply control, endorsement or adoption by Shippsy of any site or any information contained therein.

When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Shippsy.

Shippsy may provide third party content on the Site and may provide links to Web pages and content of third parties including but not limited to merchants and suppliers (collectively the "Third Party Content"). Shippsy does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation, any representation or warranty regarding the accuracy or completeness of any Third Party Content. You acknowledge and agree that Shippsy is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

Advertisements and Promotions; Third-Party Products and Services
Shippsy may run advertisements and promotions from third parties, including but not limited to merchants and suppliers, on the Site or may otherwise provide information about or links to third-party products or services on the Site including but not limited to merchants and suppliers. Your purchases from or correspondence with, or participation in promotions of, such third parties, including but not limited to merchants and suppliers, and any terms, conditions, warranties or representations associated with such purchases, correspondence, participation or other dealings, are solely between you and such third party, including but not limited to merchants and suppliers.

Shippsy is not responsible or liable for any loss or damage of any sort incurred as the result of any such purchases, correspondence, participation or other dealings or as the result of the presence of such non-Shippsy advertisers or third party information on the Site.

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Shippsy or Shippsy' products or services that are provided by you in the form of email or other submissions to Shippsy, or any postings on the Site ("Feedback"), are non-confidential and shall become the sole property of Shippsy. You hereby assign unconditionally and irrevocably that Shippsy shall own exclusive rights in and to all Feedback, including all intellectual property rights arising now and in the future anywhere in the world therein, and shall be entitled to the unrestricted use, dissemination and commercial exploitation of Feedback for any purpose, commercial or otherwise, without further acknowledgment, permission or compensation to you. As between you and Shippsy, including Shippsy' subsidiaries or affiliates, you hereby irrevocably waive any moral rights you might otherwise have or retain in any Feedback arising now and in the future anywhere in the world.

The Site may include interactive areas or services ("Interactive Areas"), such as forums, chat rooms or message boards, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national or international law, including, without limitation, any securities laws or regulations or any rules of a securities exchange; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have all the rights necessary to distribute and reproduce such User Content; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of Shippsy, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Shippsy or its users to any harm or liability of any type, or creates or imposes an inappropriate load on the systems of the Site or Shippsy. Shippsy takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party on, in or to the Site, or for any loss or damage arising therefrom, nor is Shippsy liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. YOUR USE OF INTERACTIVE AREAS IS AT YOUR OWN RISK.

Enforcement of the User Content or these Terms of Use is solely at Shippsy's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, Shippsy is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.

Although Shippsy has no obligation to screen, edit or monitor any User Content posted in any Interactive Area, Shippsy reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

If you post User Content to the Site, unless Shippsy indicates otherwise, you grant Shippsy and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Shippsy and its affiliates and sub-licencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post (including, without limitation, the right to grant the licences granted to Shippsy herein); (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any other individual or entity.

Unless otherwise indicated on the Site, the Site, Service and all content and other materials on the Site, including, without limitation, all Shippsy names and logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the exclusive property of Shippsy or its licensors and are protected by Canadian, U.S. and international copyright laws.

You are granted a limited, non-sublicensable licence to access and use the Site for your informational and personal use only in accordance with these Terms of Use. Such licence is subject to these Terms of Use and does not include any right or licence to:

Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.

Except for the limited licence granted in this Section, nothing in these Terms of Use or elsewhere on the Site shall be construed as conferring any licence to any Site Materials, or any intellectual property rights therein, whether by estoppel, implication or otherwise. This licence is revocable at any time by Shippsy.

if you believe that any Site Materials or other content on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with us below:

E-mail Address: [email protected]


You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and lawyers' fees, incurred by us or the alleged infringer as the result of our relying upon such misinterpretation in removing or disabling access to the material or activity claimed to be infringing.

This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution or modification of this Service or any of the Content.

Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “Shippsy” and www.shippsy.com, constitute trade-marks, trade names, trade dress and associated products and services of Shippsy or its affiliates (the “Marks”) or constitute trade marks, trade names, trade dress and associated products and services of Shippsy suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any license or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Shippsy or such third party, as applicable, is strictly prohibited.

You agree to defend, indemnify and hold harmless Shippsy, its officers, directors, owners, employees, agents, affiliates, carriers, licensors and representatives (collectively, “Indemnitee”), against all liability, demands, claims, costs, losses, damages (whether indirect, direct, incidental, punitive, consequential, special, exemplary or otherwise), recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Indemnitee (collectively, “Losses”), known or unknown, contingent or otherwise, directly or indirectly arising from or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Shippsy and/or its officers, directors, owners, employees, agents, affiliates, carriers, licensors and representatives, arising out of or relating to the User Content, your conduct, use or non-use of the Site, your violation of these Terms of Use or your violation of the rights of any third party.

The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of this agreement, whether by expiration of time, by operation of law, or otherwise.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SHIPPSY.COM, THE SITE, THE SITE MATERIALS AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE OR OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHIPPSY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, PRODUCTS AND SERVICES THEREIN. SHIPPSY DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY OTHER INFORMATION, PRODUCTS SERVICES OR OTHER CONTENT MADE AVAILABLE OR OFFERED ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHER, SHIPPSY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SHIPPSY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF USE, IN NO EVENT WILL SHIPPSY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES, ANY CONTENT OR MATERIALS CONTAINED IN, PURCHASED THROUGH OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHIPPSY OR ITS SUPPLIERS OR MERCHANTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHIPPSY OR ANY OTHER MEMBER'S RECORDS, PROGRAMS OR SERVICES.

NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF USE, IN THE EVENT THAT SHIPPSY BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHIPPSY FOR ANY AND ALL CLAIMS, DAMAGES, AMOUNTS OF FEES OF ANY KIND, HOWSOEVER ARISING, WHETHER IN CONTRACT, WARRANTLY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER ANY OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE ACTUAL AMOUNT OF REVENUE SHIPPSY EARNED ON YOUR PRODUCT PURCHASE OR $300 CAD, WHICHEVER IS LESS, REGARDLESS OF THE ACTUAL VALUE OF ANY ITEMS LOST OR DAMAGED DURING THE COURSE OF THE TRANSACTION.

YOU AGREE THAT SHIPPSY WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OF ITS SELLERS OR SUPPLIERS. FOR FURTHER CLARITY, SHIPPSY IS NOT LIABLE FOR SHIPMENTS UPON THEIR RECEIPT BY DESIGNATED CARRIER.

SHIPPSY DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLERS OR SUPPLIERS.

Without limiting the generality of any limitation of any liability or limitation of warranty in these Terms of Use, Shippsy will not be liable for any intellectual property, product or service provided by any seller or supplier, including but not limited to any warranty or manufacture defect. All such claims are to be made directly with the seller, supplier, manufacturer or service provider.

You agree that you will not bring a claim under these Terms of Use more than eighteen months (18) from when your claim arises.

All disputes arising out of or in connection with these Terms of Use will be referred to and finally resolved by arbitration under the rules of the Canadian Arbitration Centre. The case will be administered by an arbitrator of Canadian Arbitration Centre and in accordance with its rules. The place of arbitration will be Toronto, Ontario, Canada. The language of the arbitration will be English.

These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the Province of Ontario and of Canada applicable therein, applicable to agreements made and to be entirely performed within the Province of Ontario, without regard to its conflict of law provisions.

Subject to mandatory arbitration, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the provincial and federal courts located in Toronto, Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use or your use of the Site.

Notwithstanding any of these Terms of Use, you agree that Shippsy shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

To the extent permitted by law, and subject to the mandatory arbitration PROVISION, you acknowledge, agree and understand that, with respect to any dispute with Shippsy, respective officers, directors, employees or agents, arising out of or relating to these Terms of Use: (I) YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (II) YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Notwithstanding any of these Terms of Use, Shippsy reserves the right, without notice and in its sole discretion and without any cost, charge or liability to Shippsy, to terminate any of its programs, to terminate your use of the Site, and to block or prevent your future access to and use of the Site.

Shippsy will not be responsible for failing to notify you of any of its actions where such failure is caused by an inaccurate email address, your failure to check email online, your failure to inform Shippsy of a change in your email address, or if you fail to receive the notifying email for any reason.

You may close your account at any time by contacting us through sending an email from the email address associated with your account to [email protected] with the subject line "ACCOUNT CLOSURE", to request for your account to be closed, but these Terms of Use and Terms of Service will apply to your past (or any future) use of the Site after closing your account.

Words importing the singular numbers included the plural and vice-versa; words importing the masculine gender included the feminine and neuter genders. The headings and other captions in these Terms of Use are for convenience and reference only and are not to be construed in any way as additional or limitations of the covenants and agreements contained in the Terms of Use.

These Terms of Use represent the entire understanding and agreement between you and Shippsy regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent par la présente qu'elles exigent que les présentes conditions d'utilisation et tous les documents connexes, qu'ils soient actuels ou futurs, soient rédigés en anglais uniquement.

You agree that if Shippsy does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Shippsy has the benefit of under any applicable law), this will not be taken to be a formal waiver of Shippsy's rights and that those rights or remedies will still be available to Shippsy.

All covenants, agreements, representations and warranties, made in these Terms of Use shall survive your acceptance of these Terms of Use and the termination of these Terms of Use.

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

If you have any question regarding the use of the Site or Service, please refer to our Help Centre. If you need additional assistance or have any other concerns, please contact us with any questions or comments about the Site or Service through our Contact Page.