SHIP ZONE INC. — TERMS OF SERVICE — CANADA

Effective Date: March 21, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between Ship Zone Inc., a Canadian company based in Toronto, Ontario (“Ship Zone,” “we,” “us,” or “our”), and the individual, business, merchant, seller, shipper, account holder, developer, or other person accessing or using the Services (“Customer,” “User,” “you,” or “your”).

These Terms govern your use of Ship Zone’s websites, applications, online shipping platform, APIs, marketplace integrations, e-commerce integrations, parcel and courier shipping services, freight services, ocean-freight services, international logistics services, warehousing or fulfillment services where available, and related technology and logistics services (collectively, the “Services”).

By creating a Ship Zone account, clicking an acceptance checkbox or button, purchasing a shipping label, requesting or accepting a quotation, tendering a Shipment, connecting an e-commerce or marketplace account, accessing a Ship Zone API, or otherwise using the Services, you acknowledge that you have read, understood, and agree to these Terms.

These Terms incorporate by reference:

  • Ship Zone’s Privacy Policy;
  • Ship Zone’s Data Processing Agreement;
  • Applicable Carrier terms and conditions;
  • Applicable tariffs and bills of lading;
  • Applicable marketplace requirements;
  • Applicable service-specific terms; and
  • Any separate written agreement between Ship Zone and Customer.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. DEFINITIONS

For purposes of these Terms:

  • “Account” means a Ship Zone user or business account.
  • “Carrier” means any parcel carrier, postal operator, courier, trucking company, LTL or FTL carrier, freight forwarder, ocean carrier, airline, rail provider, customs broker, warehouse, insurer, or other transportation or logistics provider.
  • “Customer Data” means information provided, uploaded, imported, synchronized, or otherwise transmitted by or on behalf of Customer.
  • “Fees” means all amounts payable in connection with the Services or a Shipment.
  • “Shipment” means any parcel, envelope, package, pallet, load, container, cargo, freight, or other goods for which Services are requested through Ship Zone.
  • “Third-Party Provider” means a Carrier or other independent provider whose services may be used in connection with Ship Zone.

2. ELIGIBILITY AND AUTHORITY

You must have legal capacity to enter into a binding agreement.
If you use Ship Zone on behalf of a company, corporation, partnership, organization, or other entity, you represent and warrant that:

  • You have authority to bind that entity;
  • The entity accepts these Terms;
  • You are authorized to conduct transactions through its Account; and
  • Your use of the Services complies with applicable laws and internal authorization requirements.

3. COMMERCIAL SERVICES

Ship Zone primarily provides commercial shipping, logistics, and technology Services.
Unless expressly agreed otherwise, the Services are intended primarily for business and commercial use.
Nothing in these Terms limits statutory rights that cannot lawfully be waived.

4. SHIP ZONE’S ROLE

Ship Zone operates a shipping and logistics technology platform through which Customers may:

  • Compare available shipping services;
  • Obtain shipping rates;
  • Purchase shipping services;
  • Generate shipping labels;
  • Create Shipments;
  • Manage Shipments;
  • Track deliveries;
  • Access Carrier services;
  • Connect e-commerce platforms;
  • Connect marketplaces;
  • Use APIs;
  • Arrange LTL freight;
  • Arrange FTL freight;
  • Arrange international transportation;
  • Arrange ocean freight; and
  • Access related logistics services.

Unless expressly agreed otherwise in writing, Ship Zone is not the underlying Carrier physically transporting Customer’s goods.

5. INDEPENDENT CARRIERS AND SERVICE PROVIDERS

Carriers and Third-Party Providers operate independently of Ship Zone.
Except where expressly agreed otherwise, they are not employees, agents, partners, or joint venturers of Ship Zone.
Ship Zone does not control their day-to-day operations.

6. CARRIER TERMS APPLY

Every Shipment is subject to the applicable Carrier’s then-current:

  • Terms and conditions;
  • Service guides;
  • Tariffs;
  • Bills of lading;
  • Commodity restrictions;
  • Packaging rules;
  • Service guarantees;
  • Claims procedures;
  • Liability limitations;
  • Dangerous-goods requirements; and
  • Other applicable rules.

By selecting a Carrier, Customer agrees to comply with the Carrier’s applicable terms.
Carrier terms may change independently of Ship Zone.

7. CARRIER AVAILABILITY

Ship Zone does not guarantee that a particular:

  • Carrier;
  • Service;
  • Route;
  • Rate;
  • Pickup service;
  • Delivery service;
  • Freight service; or
  • Transportation product

will always remain available.
Ship Zone may add, remove, suspend, or replace Carrier services.

8. ACCOUNT REGISTRATION

Customer must provide complete and accurate Account information.
Ship Zone may request information reasonably necessary for:

  • Account administration;
  • Identity or business verification;
  • Fraud prevention;
  • Payment processing;
  • Credit assessment;
  • Security; or
  • Regulatory compliance.

9. ACCOUNT SECURITY

Customer is responsible for protecting:

  • Passwords;
  • User credentials;
  • API keys;
  • Client secrets;
  • Tokens;
  • Payment methods;
  • Administrator access; and
  • Connected-platform credentials.

Customer must promptly notify Ship Zone of suspected unauthorized access.

10. AUTHORIZED USERS

Customer is responsible for employees, contractors, and other persons granted access to Customer’s Account.
Customer must maintain appropriate permissions and promptly remove access that is no longer required.
Ship Zone may rely upon instructions submitted through authenticated Customer credentials.

11. ACCURATE SHIPMENT INFORMATION

Customer is solely responsible for providing complete and accurate Shipment information, including:

  • Sender information;
  • Recipient information;
  • Addresses;
  • Postal codes;
  • Telephone numbers;
  • Email addresses where required;
  • Weight;
  • Dimensions;
  • Number of packages or pallets;
  • Commodity description;
  • Quantity;
  • Declared value;
  • Country of origin;
  • HS tariff classification;
  • Customs information;
  • Freight class;
  • Residential or commercial designation; and
  • Other information required by Ship Zone or the Carrier.

Ship Zone may rely upon Customer information without independently verifying it.

12. CUSTOMER RESPONSIBILITY FOR GOODS

Customer represents and warrants that:

  • Customer owns the goods or is legally authorized to ship them;
  • The goods can lawfully be transported;
  • The goods are accurately described;
  • Required licences and permits have been obtained;
  • Customs information is complete and accurate;
  • The Shipment complies with Carrier requirements; and
  • The Shipment complies with applicable Canadian and international law.

13. PROHIBITED AND RESTRICTED SHIPMENTS

Customer may not tender a Shipment prohibited or restricted by:

  • Applicable law;
  • The origin jurisdiction;
  • The destination jurisdiction;
  • Transit jurisdictions;
  • Carrier requirements; or
  • Ship Zone policies.

Customer is responsible for determining whether a commodity can legally and contractually be shipped.
Ship Zone may reject, suspend, cancel, or refuse a Shipment where it reasonably believes the Shipment presents a legal, compliance, safety, security, financial, or operational risk.

14. DANGEROUS GOODS

Dangerous or hazardous goods may only be tendered where:

  • The applicable Carrier accepts them;
  • Required approvals have been obtained;
  • Required declarations are completed;
  • Packaging and labelling satisfy applicable requirements; and
  • Customer complies with applicable transportation laws.

Customer assumes responsibility for fines, penalties, cleanup expenses, damages, claims, storage charges, transportation costs, and other consequences arising from improper declaration or handling of dangerous goods.

15. PACKAGING AND LABELLING

Customer is responsible for appropriate:

  • Packaging;
  • Cushioning;
  • Crating;
  • Palletizing;
  • Sealing;
  • Marking;
  • Labelling; and
  • Preparation of goods.

Ship Zone is not responsible for loss or damage attributable to inadequate packaging except where liability cannot legally be excluded.

16. SHIPPING QUOTATIONS

Shipping quotations are based on information available when calculated.
Rates may depend on:

  • Carrier;
  • Origin;
  • Destination;
  • Weight;
  • Dimensions;
  • Dimensional weight;
  • Commodity;
  • Service;
  • Fuel;
  • Residential delivery;
  • Extended area;
  • Pickup requirements;
  • Freight class; and
  • Additional services.

UNLESS SHIP ZONE EXPRESSLY STATES OTHERWISE IN WRITING, QUOTED RATES ARE ESTIMATES AND ARE SUBJECT TO ADJUSTMENT.

17. CARRIER AUDITS AND RATE ADJUSTMENTS

Carriers may inspect, weigh, measure, classify, reclassify, or audit Shipments.
Customer is responsible for subsequent adjustments including:

  • Weight adjustments;
  • Dimensional adjustments;
  • Reweighing;
  • Remeasurement;
  • Freight reclassification;
  • Residential surcharges;
  • Address corrections;
  • Remote-area charges;
  • Additional handling;
  • Oversize charges;
  • Incorrect commodity charges; and
  • Other Carrier adjustments.

Customer remains responsible even if an adjustment is received after delivery.

18. FREIGHT RECLASSIFICATION

Freight Carriers may determine final charges according to actual:

  • Weight;
  • Dimensions;
  • Density;
  • Commodity;
  • Freight class;
  • Packaging; and
  • Handling characteristics.

Customer is responsible for resulting changes.

19. FREIGHT ACCESSORIALS

Freight quotations may not include every accessorial charge.
Customer is responsible for applicable charges including:

  • Liftgate;
  • Residential pickup or delivery;
  • Inside delivery;
  • Limited-access delivery;
  • Appointment charges;
  • Detention;
  • Layover;
  • Storage;
  • Redelivery;
  • Reconsignment;
  • Driver assistance;
  • Lumper charges;
  • Reclassification; and
  • Other accessorials.

20. PAYMENT AUTHORIZATION

CUSTOMER EXPRESSLY AUTHORIZES SHIP ZONE TO CHARGE ANY AUTHORIZED PAYMENT METHOD ASSOCIATED WITH CUSTOMER’S ACCOUNT FOR ALL VALID AMOUNTS OWED IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES.

This includes:

  • Transportation charges;
  • Carrier adjustments;
  • Freight charges;
  • Accessorial charges;
  • Weight or dimension adjustments;
  • Address corrections;
  • Fuel surcharges;
  • Residential surcharges;
  • Duties;
  • Taxes;
  • Brokerage;
  • Customs charges;
  • Insurance or protection charges;
  • Storage;
  • Demurrage;
  • Detention;
  • Redelivery;
  • Return transportation;
  • Chargeback-related costs; and
  • Other Shipment-related charges.

This authorization survives Account closure regarding transactions initiated before closure.

21. PAYMENT METHODS

Customer must maintain a valid payment method unless Ship Zone has approved credit terms in writing.
If payment fails, Ship Zone may:

  • Retry payment;
  • Use another authorized payment method;
  • Apply available credits;
  • Suspend Services;
  • Disable labels;
  • Disable APIs;
  • Disable integrations;
  • Place the Account on hold;
  • Require prepayment; or
  • Refer amounts for collection.

22. CREDIT TERMS

Any credit terms require express written approval from Ship Zone.
Ship Zone may establish or revise:

  • Credit limits;
  • Deposit requirements;
  • Security requirements;
  • Payment terms; and
  • Prepayment requirements.

Extension of credit on one occasion does not create an obligation to extend credit in the future.

23. COLLECTION COSTS

To the maximum extent permitted by law, Customer is responsible for reasonable collection expenses and legal costs incurred by Ship Zone in collecting valid overdue amounts.

24. CHARGEBACKS

A chargeback does not extinguish Customer’s obligation to pay a valid charge.
Ship Zone may suspend Accounts associated with fraudulent, abusive, or improper chargebacks.
Customer remains responsible for valid underlying Fees and permissible costs resulting from an improper chargeback.

25. BILLING DISPUTES

Customer must notify Ship Zone in writing of a disputed Ship Zone charge within 30 days of the applicable invoice or charge, except where applicable law requires otherwise.
Customer must provide supporting documentation.
Carrier disputes may be subject to separate and shorter deadlines.

26. TAXES

Customer is responsible for applicable:

  • GST;
  • HST;
  • PST;
  • QST;
  • Sales or use taxes;
  • Import taxes;
  • Duties; and
  • Other governmental assessments.

Ship Zone may collect applicable taxes where legally required.

27. CUSTOMS, DUTIES, AND BROKERAGE

International Shipments may result in:

  • Duties;
  • Tariffs;
  • Taxes;
  • Brokerage;
  • Customs-processing charges;
  • Disbursement fees;
  • Governmental fees; or
  • Similar charges.

Ship Zone does not guarantee that a Shipment will be duty-free, tariff-free, tax-free, or brokerage-free.

28. IMPORTER AND EXPORTER RESPONSIBILITY

Unless expressly agreed otherwise, Ship Zone is not automatically the:

  • Importer of Record;
  • Exporter of Record;
  • Beneficial owner;
  • Manufacturer; or
  • Owner of Customer’s goods.

Customer is responsible for identifying the appropriate parties and meeting applicable import/export obligations.

29. CUSTOMS CLASSIFICATION

Customer is responsible for accurate:

  • HS classifications;
  • Commodity descriptions;
  • Countries of origin;
  • Declared values;
  • Commercial invoices;
  • Export declarations; and
  • Other customs records.

Any classification assistance made available through Ship Zone is informational and is not legal, accounting, tax, or customs advice.

30. CUSTOMS AND GOVERNMENT ACTION

Ship Zone is not responsible for independent governmental decisions including:

  • Inspections;
  • Holds;
  • Examinations;
  • Seizures;
  • Confiscation;
  • Refused entry;
  • Delays;
  • Destruction;
  • Fines; or
  • Additional-document requests,

except where responsibility cannot lawfully be excluded.

31. DELIVERY TIMES

Carrier pickup, transit, delivery, vessel, and arrival times are estimates unless the applicable Carrier expressly provides a qualifying service guarantee.
Ship Zone does not independently guarantee delivery dates or transit times.

32. CARRIER PERFORMANCE

To the maximum extent permitted by applicable law, Ship Zone is not liable for independent Carrier acts or omissions including:

  • Missed pickups;
  • Delayed pickups;
  • Delayed delivery;
  • Failed delivery;
  • Misdelivery;
  • Lost Shipments;
  • Damaged Shipments;
  • Tracking errors;
  • Missing scans;
  • Carrier system outages; or
  • Operational failures.

33. TRACKING INFORMATION

Tracking information generally originates from Carriers.
Ship Zone does not guarantee that tracking information will always be:

  • Accurate;
  • Current;
  • Complete;
  • Continuous; or
  • Error-free.

34. LOSS AND DAMAGE CLAIMS

Claims are primarily governed by applicable Carrier or insurance terms.
Ship Zone may assist Customer with a claim as a courtesy.
Such assistance does not:

  • Constitute an admission of liability;
  • Make Ship Zone the Carrier;
  • Guarantee approval;
  • Guarantee reimbursement;
  • Extend Carrier deadlines; or
  • Require Ship Zone to pay a denied claim.

35. CUSTOMER CLAIM RESPONSIBILITIES

Customer must comply with Carrier requirements regarding:

  • Claim deadlines;
  • Photographs;
  • Invoices;
  • Proof of value;
  • Packaging retention;
  • Inspections;
  • Proof of loss; and
  • Other documentation.

36. INSURANCE AND SHIPMENT PROTECTION

Optional insurance or Shipment protection may be available.
Coverage is subject to the insurer’s or protection provider’s:

  • Terms;
  • Limits;
  • Exclusions;
  • Deductibles;
  • Commodity rules;
  • Valuation requirements; and
  • Claims procedures.

Unless expressly stated otherwise, Ship Zone is not the insurer.

37. DECLARED VALUE

A declared value does not necessarily constitute insurance.
Customer is responsible for understanding Carrier liability limits and available protection options.

38. CANCELLATIONS AND REFUNDS

Eligible unused labels may be submitted for cancellation.
Refund eligibility may depend upon Carrier approval or confirmation that a label has not been used.
Ship Zone does not guarantee a refund merely because Customer submits a request.

39. REFUNDED LABELS USED AFTER CANCELLATION

If a refunded or cancelled label is subsequently used, Customer authorizes Ship Zone to charge all applicable transportation charges and adjustments.

40. UNDELIVERABLE OR RETURNED SHIPMENTS

Customer is responsible for applicable charges arising from:

  • Refused delivery;
  • Incorrect address;
  • Failed delivery;
  • Return-to-origin;
  • Unpaid duties;
  • Customs rejection;
  • Storage; or
  • Redelivery.

41. OCEAN FREIGHT

Ocean-freight Shipments may be subject to:

  • Ocean Carrier tariffs;
  • Bills of lading;
  • Port rules;
  • Terminal rules;
  • Maritime law;
  • Freight-forwarding terms; and
  • Customs requirements.

42. OCEAN-FREIGHT CHARGES

Customer may be responsible for:

  • Ocean freight;
  • Inland drayage;
  • Terminal charges;
  • Documentation;
  • Port fees;
  • Chassis fees;
  • Customs examination;
  • Storage;
  • Demurrage;
  • Detention;
  • Congestion charges;
  • War-risk charges;
  • Rerouting charges; and
  • Other applicable expenses.

43. DEMURRAGE AND DETENTION

Demurrage, detention, storage, and equipment charges may accrue daily.
Customer is responsible for monitoring applicable free time and ensuring timely pickup, loading, unloading, release, and equipment return.
Ship Zone does not guarantee that a Carrier will waive these charges.

44. OCEAN SCHEDULES

Ship Zone does not guarantee vessel departures, routing, port calls, container availability, or arrival dates.
Schedules may change because of:

  • Vessel changes;
  • Port congestion;
  • Weather;
  • Canal restrictions;
  • Labour issues;
  • War;
  • Government actions;
  • Equipment shortages;
  • Blank sailings; or
  • Carrier rerouting.

45. GENERAL AVERAGE

Ocean Shipments may be subject to general average under applicable maritime law and Carrier terms.
Customer remains responsible for any applicable security, insurance, documentation, or contribution obligations.

46. E-COMMERCE INTEGRATIONS

Ship Zone may integrate with supported e-commerce platforms.
Customer authorizes Ship Zone to exchange information reasonably necessary to provide the integration.
Third-party platforms may modify or discontinue functionality without Ship Zone’s control.

47. MARKETPLACE INTEGRATIONS

Ship Zone may integrate with supported marketplaces.
Customer remains responsible for compliance with applicable marketplace rules.
Ship Zone does not guarantee continuing API authorization, availability, permissions, or marketplace functionality.

48. AMAZON AND OTHER PLATFORM INFORMATION

Where Customer authorizes Ship Zone to access Amazon or another marketplace, Ship Zone will process applicable information according to:

  • Customer authorization;
  • Ship Zone’s Privacy Policy;
  • Ship Zone’s DPA;
  • Applicable platform permissions; and
  • Applicable platform requirements.

49. MARKETPLACE ACCOUNT ACTIONS

To the maximum extent permitted by law, Ship Zone is not liable for independent marketplace actions including:

  • Seller suspension;
  • Account deactivation;
  • Listing restrictions;
  • Late-shipment metrics;
  • Order defects;
  • Marketplace penalties;
  • Ranking changes; or
  • Lost marketplace sales,

except where such exclusion is prohibited by applicable law.

50. API ACCESS

Ship Zone may provide APIs to qualifying Customers.
API access is limited, revocable, non-exclusive, and non-transferable.
Ship Zone may impose:

  • Rate limits;
  • Usage limits;
  • Request limits;
  • Data limits;
  • Security requirements; and
  • Technical restrictions.

51. API SECURITY

Customer must protect API credentials.
Customer may not:

  • Circumvent security;
  • Gain unauthorized access;
  • Introduce malicious code;
  • Abuse APIs;
  • Circumvent rate limits;
  • Scrape unauthorized information; or
  • Use Ship Zone APIs unlawfully.

52. THIRD-PARTY APIS

Ship Zone may rely upon Carrier, marketplace, payment, customs, mapping, or other third-party APIs.
Ship Zone is not responsible for outages or changes to independent third-party APIs beyond Ship Zone’s reasonable control.

53. PLATFORM AVAILABILITY

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Ship Zone does not guarantee continuous, uninterrupted, secure, or error-free operation.

54. MAINTENANCE AND SERVICE CHANGES

Ship Zone may modify, replace, suspend, or discontinue:

  • Features;
  • Carriers;
  • Services;
  • Integrations;
  • APIs; or
  • Other functionality.

Emergency or third-party changes may occur without advance notice.

55. CUSTOMER DATA

Customer retains applicable rights in Customer Data.
Customer grants Ship Zone the rights reasonably necessary to:

  • Provide the Services;
  • Process Shipments;
  • Communicate with Carriers;
  • Operate authorized integrations;
  • Provide support;
  • Maintain security;
  • Prevent fraud; and
  • Comply with law.

56. PRIVACY

Personal Information is processed according to Ship Zone’s Privacy Policy and, where applicable, the Data Processing Agreement.
Customer represents that it has all lawful authority necessary to provide Personal Information to Ship Zone.

57. INTELLECTUAL PROPERTY

Ship Zone retains all rights, title, and interest in its:

  • Platform;
  • Software;
  • APIs;
  • Applications;
  • Technology;
  • Documentation;
  • Databases;
  • Designs;
  • Trademarks;
  • Logos;
  • Trade names;
  • Processes; and
  • Proprietary materials.

58. ACCEPTABLE USE

Customer may not:

  • Use Ship Zone unlawfully;
  • Conduct fraudulent shipping activity;
  • Interfere with Ship Zone systems;
  • Circumvent security;
  • Introduce malicious software;
  • Abuse Carrier accounts;
  • Reverse engineer protected technology except where expressly permitted by law; or
  • Infringe third-party rights.

59. SUSPENSION

Ship Zone may suspend or restrict Services where it reasonably believes there is:

  • Nonpayment;
  • Fraud;
  • Chargeback abuse;
  • Security risk;
  • Illegal activity;
  • Prohibited shipping;
  • API abuse;
  • Carrier-account abuse;
  • Marketplace violations; or
  • Material breach of these Terms.

60. TERMINATION

Customer may terminate its Account subject to outstanding obligations.
Ship Zone may terminate or suspend an Account for material breach, nonpayment, fraud, security concerns, or unacceptable legal or commercial risk.
Termination does not eliminate amounts already owed.

61. CUSTOMER INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SHIP ZONE INC., ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, FINES, PENALTIES, JUDGMENTS, COSTS, AND REASONABLE LEGAL FEES ARISING OUT OF OR RELATING TO:

  • Customer’s goods or Shipments;
  • Customer’s use or misuse of the Services;
  • Customer’s breach of these Terms;
  • Incorrect Shipment information;
  • Incorrect customs information;
  • Incorrect weights or dimensions;
  • Prohibited or restricted goods;
  • Dangerous goods;
  • Improper packaging;
  • Customer’s violation of law;
  • Customer’s violation of Carrier terms;
  • Customer’s violation of marketplace terms;
  • Taxes or duties relating to Customer’s goods;
  • Intellectual-property claims relating to Customer’s goods;
  • Customer’s privacy-law violations;
  • Customer’s API implementation; and
  • Acts or omissions of Customer’s authorized users.

This provision survives termination.

62. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIP ZONE DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND CONTINUOUS OPERATION.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

63. NO GUARANTEE OF SAVINGS

Advertising or examples concerning shipping savings are illustrative.
Actual savings depend upon:

  • Shipment characteristics;
  • Carrier;
  • Service;
  • Route;
  • Volume;
  • Rates; and
  • Other circumstances.

Ship Zone does not guarantee a specific savings percentage for every Shipment.

64. EXCLUSION OF CONSEQUENTIAL DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIP ZONE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, AGGRAVATED, OR CONSEQUENTIAL DAMAGES.

This includes, to the extent legally permitted:

  • Lost profits;
  • Lost revenue;
  • Lost sales;
  • Lost customers;
  • Lost opportunities;
  • Loss of goodwill;
  • Business interruption;
  • Lost data;
  • Marketplace penalties;
  • Production losses; and
  • Replacement costs.

65. LIABILITY CAP — SHIPMENT CLAIMS

To the maximum extent permitted by applicable law, Ship Zone’s aggregate liability relating to a particular Shipment will not exceed the Ship Zone service fees actually retained by Ship Zone for that Shipment, excluding:

  • Carrier transportation charges;
  • Taxes;
  • Duties;
  • Insurance premiums;
  • Governmental charges; and
  • Other third-party pass-through amounts.

66. LIABILITY CAP — OTHER CLAIMS

For claims not arising from a particular Shipment, Ship Zone’s aggregate liability will not exceed the Ship Zone service fees actually paid by Customer during the three months immediately preceding the event giving rise to the claim, excluding Carrier and third-party pass-through amounts.

67. NON-EXCLUDABLE LIABILITY

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by applicable law.

68. THIRD-PARTY LIABILITY

To the maximum extent permitted by applicable law, Ship Zone is not responsible for independent acts or omissions of:

  • Carriers;
  • Freight companies;
  • Ocean carriers;
  • Customs brokers;
  • Warehouses;
  • Marketplaces;
  • Payment processors;
  • Insurers;
  • Government authorities;
  • Technology providers; or
  • Other independent Third-Party Providers.

69. NO ASSUMPTION OF LIABILITY

Ship Zone does not assume liability merely because Ship Zone:

  • Contacts a Carrier;
  • Investigates a Shipment;
  • Submits a claim;
  • Requests a refund;
  • Pursues a Carrier credit;
  • Communicates with customs; or
  • Assists Customer with a dispute.

70. COURTESY CREDITS

A courtesy refund, credit, waiver, or accommodation:

  • Does not constitute an admission of liability;
  • Does not create precedent; and
  • Does not obligate Ship Zone to provide similar treatment in another matter.

71. FORCE MAJEURE

Ship Zone will not be responsible for delay, interruption, increased cost, failure, or inability to perform caused by circumstances beyond its reasonable control, including:

  • Severe weather;
  • Natural disasters;
  • Fires;
  • Floods;
  • Epidemics;
  • War;
  • Terrorism;
  • Civil unrest;
  • Piracy;
  • Strikes;
  • Labour disputes;
  • Port closures;
  • Canal closures;
  • Government action;
  • Customs action;
  • Sanctions;
  • Embargoes;
  • Carrier disruptions;
  • Transportation accidents;
  • Cyberattacks;
  • Power failures;
  • Telecommunications failures;
  • Internet outages;
  • Marketplace outages;
  • Cloud-provider outages; and
  • Third-party API failures.

72. CONFIDENTIALITY

Each party will use reasonable care to protect confidential information received from the other.

Confidentiality obligations do not apply to information that:

  • Is publicly available;
  • Was already lawfully known;
  • Is independently developed;
  • Is lawfully obtained from another source; or
  • Must be disclosed by law.

73. ELECTRONIC COMMUNICATIONS

Customer agrees to transact with Ship Zone electronically.

Ship Zone may provide contractual, operational, billing, security, and legal communications electronically.

74. ELECTRONIC ACCEPTANCE

Customer agrees that these Terms may be accepted electronically.

Acceptance may include:

  • Clicking “I Agree”;
  • Checking an acceptance box;
  • Creating an Account after presentation of these Terms;
  • Purchasing Services after presentation of these Terms; or
  • Otherwise electronically indicating acceptance.

Ship Zone may maintain records evidencing acceptance.

75. CHANGES TO TERMS

Ship Zone may update these Terms periodically.
The current version will display a Last Updated date.
Where legally required, Ship Zone will provide additional notice of material changes.

76. GOVERNING LAW

These Terms and any dispute arising out of or relating to these Terms, the Services, Customer’s Account, or the relationship between Customer and Ship Zone are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

77. INFORMAL DISPUTE RESOLUTION

Before commencing formal proceedings, the parties will make reasonable good-faith efforts to resolve the dispute.
The complaining party must provide written notice describing the dispute and requested resolution.
The parties will have 30 days from receipt of notice to attempt resolution.

78. VENUE

Subject to mandatory applicable law and any separate written arbitration agreement, the parties irrevocably attorn to the jurisdiction of the courts located in Toronto, Ontario, Canada for disputes arising from these Terms.

Ship Zone may seek injunctive or equitable relief where reasonably necessary to protect:

  • Intellectual property;
  • Confidential information;
  • Account security;
  • Payment rights; or
  • System integrity.

79. SEVERABILITY

If a provision is unenforceable, it will be modified or enforced to the maximum extent legally permitted.
Remaining provisions remain in effect.

80. NO WAIVER

Failure to enforce a provision does not waive it.

81. ASSIGNMENT

Customer may not assign these Terms without Ship Zone’s prior written consent.
Ship Zone may assign these Terms in connection with a corporate reorganization, financing, merger, acquisition, sale, or transfer of its business.

82. NO THIRD-PARTY BENEFICIARIES

Except where expressly stated, these Terms do not create rights for third parties.

83. ENTIRE AGREEMENT

These Terms, together with:

  • The Privacy Policy;
  • The Data Processing Agreement;
  • Applicable Carrier terms;
  • Service-specific terms; and
  • Separately executed agreements

constitute the agreement governing Customer’s use of Ship Zone.

84. SURVIVAL

Payment, Carrier adjustments, customs, tax, confidentiality, intellectual property, indemnification, disclaimers, liability limitations, and dispute provisions survive termination where applicable.

85. CONTACT

Ship Zone Inc.

Toronto, Ontario, Canada

  • Email: info@shipzone.ca
  • Website: www.shipzone.ca

For billing disputes: Subject: Billing Dispute

For legal notices: Subject: Legal Notice

For privacy matters: Subject: Privacy Request

CUSTOMER ACKNOWLEDGMENT

BY CREATING AN ACCOUNT, CLICKING TO ACCEPT THESE TERMS, PURCHASING A SHIPPING LABEL, USING PARCEL, FREIGHT, OCEAN-FREIGHT, API, E-COMMERCE, OR OTHER SHIP ZONE SERVICES, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTOOD, AND AGREED TO THESE TERMS.

CUSTOMER SPECIFICALLY ACKNOWLEDGES THE PROVISIONS RELATING TO PAYMENT AUTHORIZATION, CARRIER RESPONSIBILITY, RATE ADJUSTMENTS, CUSTOMS, FREIGHT ACCESSORIALS, CLAIMS, INDEMNIFICATION, WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, AND GOVERNING LAW.