Terms of Service

Hello and welcome to Ship Zone Canada!

Ship Zone Inc. (“Ship Zone“, “we“ and “us“) is the operator of www.shipzone.ca (“Website“) and my.shipzone.ca (“Application”). The Website is designed to provide assistance to users (“User(s)“, “you“) in creating and managing shipments (“Shipment“). This Website and the offer of our Services (defined below) are offered on the sole condition of your acceptance without modification of any and all the terms, conditions, and notices set forth below (Collectively, the “Terms of Service“). By creating an account on the Website (“Ship Zone account“) or by using any Services provided by us, you acknowledge that you have read, understood, and agreed to be bound by the Terms of Service by accepting it represents you have read and understood the same.

The Terms of Service are accessible at any time on the following page of our Website www.shipzone.ca/terms-and-conditions. You must read, agree with and accept all the terms and conditions contained in the Terms of Service, and our privacy policy contained in www.shipzone.ca/privacy (“Privacy Policy“) prior to becoming an Ship Zone user. If you do not accept any provision in our Terms of Service and/or Privacy Policy, you are not authorized to use this Website or our Services and shall immediately cease using this Website.

The Terms of Service represent a legally binding agreement between you (and your client, employer or another entity if you are acting on their behalf) and Ship Zone and its direct affiliates or subsidiaries, including the various different entities that Ship Zone uses to operate locally in different countries.

1. Acceptance of Terms of Service

1.1. If you are entering into these Terms of service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the Terms and Conditions “you“ or “your“ shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms and Conditions, you shall not accept the Terms and Conditions on behalf of such entity and you are not authorized to use this Website or the Services.

1.2. By registering for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Our collection and processing of registration data and certain other information about you are governed by our Privacy Policy.

1.3. You acknowledge and agree that we may change or otherwise modify the Terms of Service in the future, such changes and modifications shall become effective immediately upon posting to the Website. You understand and agree that your continued access or use of this Website after such change or modification constitutes your acceptance of the changed or modified Terms and Condition. Ship Zone endeavors to provide you with notice of any meaningful changes to the Terms of Service either through email or notification within the Ship Zone platform, but Ship Zone’s failure to do so shall not excuse your obligation to comply with any such modified Terms of Service. You agree to periodically review the most current version of these Terms of Service as posted on the Website.

1.4. You agree and acknowledge that you may be subject to additional terms applicable to certain Services provided by us that may be attached to such Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

1.5. In the event that you commit any breach or violation of any terms and conditions under our Terms of Service, we shall be entitled to immediately terminate our Services, suspend your Ship Zone Account, and/or may take other legal action at our disposal.

1.6. The usage of any services not provided by us directly (including, without limitation, warehousing services) requires you to enter into a separate legally binding service agreement with a third-party service provider. You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers, such as Carriers or carriers, with whom you or any of your affiliates may contract, regardless of the purpose. In addition to complying with this Agreement, you must abide by any contractual term in place between you and such third-party service providers.

2. Description of Services

2.1. For the purpose of these Terms of Service, “Services“ shall include (a) the account services of the Website, (b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content“), and (c) Shipment services. Any new feature added to, or augmenting the Services, is also subject to these Terms of Service.

3. Prohibited products

3.1. The following are the types of products that, for everyone’s safety, you are prohibited to ship through Ship Zone:

  • Any product related to illegal activities or which is prohibited by law in the place of origin, the destination, or any sites through which such product travel.
  • Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to:
    • Live plants and animals;
    • Alcoholic beverages;
    • Ammunition & firearms;
    • Tobacco;
    • Firearms and any kind of weapon;
    • Prescription pharmaceuticals or other dangerous drugs;
    • Explosive or hazardous products;
    • Counterfeit items;
    • Unique or one-of-a-kind materials; and
    • Precious metals in the forms of bullion or reserves.

3.2. Ship Zone shall not be liable for any loss, damage, destruction of such prohibited product.

3.3. In order to maintain the integrity of Ship Zone Services and reputation, Ship Zone will report any activities pertaining to shipping prohibited items to Canadian law enforcement authorities and shipping partners.

4. General Conditions/ Access and Use of the Services

4.1. Subject to the terms and conditions of these Terms of Service, you may access and use the Services only for lawful purposes. All rights, titles and interests in and to the Services and its components will remain with and belong exclusively to Ship Zone. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Services available to any third party, without written consent of Ship Zone; (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components or otherwise violates our Terms of Service, or (c) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Ship Zone provides you or publishes in connection with the Services, and you shall promptly notify Ship Zone if you learn of a security breach related to the Services.

4.2. You may not tender for shipment any of the prohibited items listed under the Clause 3.1. You grant Ship Zone, and any authorized third parties the right to inspect your Shipment at any time. We reserve the right to reject or suspend the carriage of any item.

4.3. You will not use the Services to (or assist another person to):

  1. upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of Ship Zone, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Ship Zone or its users to any harm or liability of any type;
  2. interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  3. violate any applicable local, state, national or international law, or any regulations having the force of law;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  5. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

4.4. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (“Your Content“). Ship Zone reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you hereby do and shall grant Ship Zone a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Services and to improve Ship Zone’s products and Services, subject to the terms and conditions of these Terms of Service and our Privacy Policy. Ship Zone has the right, but not the obligation, to monitor the Services, Content, or Your Content and to disclose Your Content if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Ship Zone, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability. You further agree that Ship Zone may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

4.5. You understand that the operation of the Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Ship Zone’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Ship Zone will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

4.6. You shall be responsible for obtaining and maintaining any equipment and ancillary Services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, printers, hardware, servers, software, operating system, networking, web servers and internet Services (collectively, “Equipment“). You shall be responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in Ship Zone’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including, but not limited to, administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

4.7. The failure of Ship Zone to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right. You acknowledge that these Terms of Service of Services form is a contract between you and Ship Zone, even though it is electronic and is not physically signed by you and Ship Zone, and it governs your use of the Services and takes the place of any prior agreements between you and Ship Zone.

4.8. Subject to the Terms of Service hereof, Ship Zone may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. Ship Zone might use the consignee’s personal information to send them updates about their packages, gain consignee feedback, and in general any time Ship Zone consider it needed to carry on its Services.

4.9. In the event that you wish to change any information regarding the Shipment, such as address, items included or other matters, you shall notify Ship zone customer service at [email protected]. In the event that the Shipment has already been handled over to any shipping company, courier, or mail service (“Carrier“), such changes may not become effective, or the Carrier may ask a fee to validate the change.
4.10. In the event that a Shipment is recalled and the Carrier does not provide the returned delivery to the sender address, the Shipment will be returned to Ship Zone. You may choose to collect the Shipment, at your own expenses, at a designated location provided by Ship Zone, or pay a return shipping fee, and Ship Zone will ship it to your sender address. The Shipment will only be delivered to a local sender address. If you don’t collect the Shipment within thirty (30) days from the date the Shipment is returned to Ship Zone, Ship Zone will ship it to your sender address and charge the return shipping fee to your account.
4.11 Eligibility. To be eligible to use Ship Zone Services under this Agreement, you must be at least 18 years old.

5. Account

5.1. In order to create an account with Ship Zone, you agree that you will provide accurate information to the best of your knowledge and belief (“Registration Information “) and will promptly update such Registration Information as necessary. Access to, and use of, the Ship Zone Account is restricted to authorized users only.

5.2. You agree not to share your password(s), account information, or account access information to any third party. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the account(s). You agree to notify Ship Zone immediately of any unauthorized use of your account. Ship Zone shall not be liable for any unauthorized use of your account.

5.3. You may invite other users to share your account (“Invited Member“). However, you shall be responsible for the actions and activities by such Invited Member on your Ship Zone Account.

6. Payment of Fees

6.1.Fees

When you generate a shipping label with a Ship Zone Carrier Account you will be charged the shipping cost, which shall include all costs related to the Shipment, quoted by Ship Zone, including, but not limited to, transportation cost, fuel surcharge, import tax, commodity tax, value added tax, surtax, levy, countervailing and anti-dumping duties, import duty, remote area surcharge, residential surcharges, Carrier tax handling fees, pick-up fees, and any other amount related to the activity of shipping through Ship Zone (“Shipping Fees“). You acknowledge and agree that the Shipping Fees does not include any additional fees arising out of separate agreements with third-party service providers.

You may purchase an insurance coverage for your Shipments (“Insurance Fees“) through Ship Zone.

You will pay any fees related to your purchase from Ship Zone of any Products or Services, including, but not limited to, Taxes and Duties, Shipping Fees Discrepancies (“Additional Fees“).

Together, the Shipping Fees, Insurance Fees, Custom Fees, and the Additional Fees are referred to as the “Fees“.

6.2. Discrepancies

Quotations for Shipping Fees by Ship Zone are based on the information provided by you, including, but not limited to, sender’s address, receiver’s address, weight, dimensions, and value of the items. In the event a shipping label is generated using a Ship Zone Courier Account and there is a discrepancy between the Shipping Fees charged by Ship Zone at the moment the User purchases a shipping label and the costs for the Shipment charged by Carriers to Ship Zone due to incorrect information that you provided, including, but not limited to, incorrect weight, dimensions, value of the item(s), addresses, declaration of residential address, or any other information critical to estimate Shipping Fees, you will be responsible for such discrepancy amount (“Shipping Fees Discrepancies“ or “Adjustments“). Ship Zone specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. Ship Zone is not responsible for any changes or alteration of the Shipping Fees. Ship Zone agrees to make reasonable efforts to bill such discrepancy amount to your account in a timely manner but Ship Zone makes no representations or warranties regarding the amount of time needed to complete processing.

6.3. Account Balance

You must keep at least one valid payment method (“Authorized Payment Method“) on file with us to pay for all incurred and recurring Fees to your Ship Zone Account (“Account Balance“). As Fees are incurred, any such amount will be charged to your Authorized Payment Method.

Shipping Fees, Insurance Fees and Additional Fees are billed at the moment a shipping label is generated, therefore the Services shall be considered as “pre-paid“. Shipping Fees are subject to change as set out in Section.

6.4 herein. In order to access our Services.

If we are not able to charge one of your Authorized Payment Methods we may try to charge any of the other Authorized Payment Methods saved on Ship Zone. In case we are not able to collect the outstanding Fees we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable. You may not be able to access your Account during any period of suspension at which point you will be required to contact our support team at [email protected]. If the outstanding Fees remain unpaid for ten (10) days following the date of suspension, you agree to deposit funds into your Ship Zone Account using another payment method and update the Authorized Payment Method.

6.4. Currency fluctuations and exchange rates

Ship Zone reserves the right to adjust its pricing in response to currency fluctuations, including, but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes.

Ship Zone will indicate which currency a transaction is being billed for, but Ship Zone is not responsible for any fee or currency exchange rates charged to you by any third party payment provider.

6.5. Shipping Fee Disputes

In the event that you disagree with any Shipping Fees charged to your account, you shall submit such complaint to Ship Zone within thirty (30) days of the fee being charged (“Dispute Period“). Ship Zone will not review customer requests for Shipping Fees adjustments that are received after the Dispute Period.

6.6. Taxes

You acknowledge and agree that all fees, charges and any other rates or amounts charged by Ship Zone to you hereunder are exclusive of any applicable value added, sales/use or goods and Services’ taxes (“Transaction Taxes“) which may be levied in connection with the supply by Ship Zone of the Services to you. Where applicable, you shall be responsible to pay all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by Ship Zone to you.

Users who incorrectly declare the commodity type and/or value of their shipment(s) may be charged a penalty of US$ 100 or the difference between the declared value and the transactional value, which ever is higher.

6.7. Shipping Fee Refund

Users may cancel any paid and unused shipping label and request for a refund accordingly prior to a Shipment being processed. Ship Zone will refund the Shipping Fee to the User Authorized Payment Method, within ten (10) days from the date the User has requested for such cancellation. In the event that the Shipment has already been shipped and sent over to the Carrier, such Shipment may not be cancelled and the User shall be billed for the full Shipment Fee and any other related fees thereof. In case a Shipment previously refunded to the User by Ship Zone, is shipped by User, Ship Zone will bill and charge User for the related Shipment Fees.

6.8. Others

You are responsible for all applicable Taxes that arise from or as a result of your purchase of Ship Zone Services. To the extent that Ship Zone charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. If you are not charged Taxes by Ship Zone, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

For the avoidance of doubt, all sums payable by you to Ship Zone under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Ship Zone to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Ship Zone shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

7. Intellectual Property

8. Confidential Information

9. Indemnification

10. Disclaimers

11. Limitation of Liability

12. Termination

13. Disputes

14. Governing Law

15. General Provisions