ParcelPort Solutions, Inc. Terms and Conditions
ParcelPort Solution Inc. (“ParcelPort”, “we”, or “us”) provides a service which, amongst other things, allows you as a user (a “user” or “you”) to process and manage shipments using third-party shipping services (each a “Shipping Provider”). For greater certainty, (“Services”) shall include any service or product we make available to or perform for you through the ParcelPort application. The web page at https://ship.theparcelport.com/sign-in, all linked pages and/or extensions under such domain, and any mobile applications or desktop applications made available to you by us, together form the application (“Site”).
This document sets forth the terms and conditions that apply to your use of the Site. By using or accessing the Site and/or the Services, whether manually or by automated means, you agree to these terms.
Relationship with ParcelPort
You acknowledge and agree that ParcelPort enables you to receive Services from authorized third-party providers. You acknowledge that your ability to receive Services from a Shipping Provider does not establish ParcelPort as the provider of such Services.
Changes to This Agreement
We may revise these Terms from time to time and the most current version will always be posted to our website. If a revision is, in our sole discretion, material we will notify you at the primary email address on your account. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please do not use the Site and/or Services.
General Use and Site License
The Site and Services are intended for use only by those individuals who are of the age of majority in their jurisdiction. If you are not of the age of majority in your jurisdiction, you are not authorized to use the Site or Services without the permission and supervision of your parent, legal guardian, or employer. If you are under the age of majority, you warrant that you have the express permission of a parent or legal guardian to use the Site and the Services. If you are a parent, legal guardian or employer and have authorized a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Site and/or Services by the minor.
You are solely responsible for your interactions with other users of the Site and Services (including Shipping Provider). We reserve the right, but are under no obligation, to monitor disputes between you and other users, including between you and a Shipping Provider.
You agree that you are responsible for obtaining and maintaining all computer software, computer hardware, and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damage to your or any user’s equipment, or for any data charges resulting from the use of the Site or Services.
General Services Rules
Prices quoted are based on the information that is provided when you are preparing a shipment on our Site, including the locker slot size you specified.
The savings percentage advertised (if shown) represents a discount of up to 20% on your shipping rate (base and fuel) vs the retail rate of the shipping courier. The shipping discount may vary based on accessorial options selected. In some instances, the savings % can exceed the advertised up to 20%. The savings percentage is subject to change at any time.
ParcelPort facilitates the provision of insurance for the Services. If desired, you may request insurance be provided by indicating an insurance (declared) value. Insurance is facilitated by the courier who is delivering your shipment. The pricing for insurance is as communicated to you at the time of the quote and may vary depending on the type of Services to which the insurance relates. For a list of items that are not insurable please refer to DHL’s terms of service: DHL Terms and Conditions
Additional adjustments/accessorial fees may be imposed by the Shipping Provider for any errors or omissions in the shipment details or for additional services required to complete the delivery service. Shipping Providers are not required to advise ParcelPort of these charges prior to their assessment. These adjustments include, but are not limited to, special handling, address corrections, residential surcharges, returns, incorrect package type, redeliveries, storage fees, and waiting time.
For any adjustment, the default payment method on file with ParcelPort will be charged the difference between the price you were quoted based on the shipment details you entered, and the price determined by the Shipping Provider. Should the default payment method on file fail, the original payment method will be used to process the payment of the adjustment amount. If you feel the charges were incorrectly assessed by the Shipping Provider, please contact us at firstname.lastname@example.org.
ParcelPort can facilitate a billing dispute between you and the Shipping Provider. Decisions on these cases will be determined by the Shipping Provider based on their conditions of service. Every effort will be made to resolve the disputes in a timely manner and are subject to the volume of requests with both ParcelPort and the Shipping Provider.
Disputes must be requested within 30 days of the pick-up date. Requests for refunds for late deliveries apply only to guaranteed services. Guaranteed shipments will be noted at the time of quoting. Estimated delivery days are not guaranteed and are provided by the Shipping Provider. These requests must be received within 15 days of the delivery date.
Dangerous and Hazardous Materials
It is not permitted to ship any items considered to be dangerous or hazardous through ParcelPort. You agree by using the ParcelPort service that you will not ship items considered to be dangerous or hazardous in any quantity.
In the event of a missing or damaged shipment, please contact us at email@example.com to initiate your claim. Documents must be submitted to ParcelPort within 30 days of the claim filing date to proceed with a claim case.
Shipping Label Generation and Cancellation
Shipping labels are valid for 60 days from the date of creation and are single use only. Cancellation of unused labels is permissible by the customer for 5 days after the creation date. Requests for cancellations of unused labels over 5 days must be requested with ParcelPort support. The cost of a cancelled shipment will be refunded to the original method of payment at the time of cancellation. The user is responsible for the information contained on the label. Shipment details are provided at the time of preparation and are available for review prior to completing the shipment.
ParcelPort by default provides Services on a pay per shipment basis. ParcelPort reserves the right, at its sole discretion, to grant credit to a customer that ParcelPort determines is creditworthy and meets the volume criteria for a credit account. As a condition of granting any level of credit to a customer, ParcelPort reserves the right to require customers to provide current financial information, as requested by ParcelPort, for review. Unless otherwise noted by ParcelPort, all invoices, bills and other statements of account are denominated in Canadian currency.
You understand you will be responsible for paying all fees and applicable taxes associated with using the Services. You will be responsible for paying any duty, taxes, or brokerage fees applicable to the purchases that you make using the Site and/or Services. Overdue payments bear interest at the rate of 19.9% per annum. ParcelPort reserves the right to suspend Services for customers that have overdue balances.
Duties and Taxes
International shipments can incur additional duty and tax charges assessed by the country of import. While ParcelPort prepares the commercial invoice as a courtesy, customs agents or brokers may require additional documentation depending on the items that are shipped. It is the user’s responsibility to know the customs requirements at the destination.
At the time of shipment creation, you have the option to have the consignee responsible for paying the duties and taxes. In this case, the consignee will be responsible for paying any duty, taxes, or brokerage fees applicable to the contents of the item(s) that you shipped using the Site and/or Services. The duty, taxes, or brokerage fees will be assessed by the country of import and collected by the Service Provider.
If you choose to select “Shipper”, you will be responsible for paying any duty, taxes, or brokerage fees assessed by the country of import that are applicable to the contents of the item(s) that you shipped using the Site and/or Services.
Duty, taxes, or brokerage fees applicable to a shipment that are billed to ParcelPort will be collected in the same manner as an adjustment payment.
Shipping Provider Terms
DHL Terms and Conditions
Accurate Information; Registration and Passwords; URLs
In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or ParcelPort has reasonable grounds to suspect that such information is inaccurate, ParcelPort may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
To access certain parts of the Site or Services, you may be required to open an account with ParcelPort, in which case you will have to provide registration information, which may include, but not be limited to, a name, email address, address, phone number, password, and business name (if applicable).
You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your Site and/or Services credentials. You must notify ParcelPort immediately of any unauthorized use of your password or account or any other breach of security. ParcelPort assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party. ParcelPort may require that you change your password prior to accessing the Site and/or Services at any time.
If you are a business, government, or non-profit entity, the person whose email address is associated with the account at the time of registration must have the authority to bind you to this Agreement.
If you are under the age of majority in your jurisdiction then you must obtain the permission of your parent, legal guardian or employer prior to registering an account. Your parent, legal guardian or employer will then be responsible for your online conduct, and the consequences of any misuse of the Site and/or Services.
Changes to Pricing Policy; Services
ParcelPort reserves the right to change its pricing policy and structures at any time and from time to time; such changes are effective when ParcelPort posts the same to the Site and/or the Services or otherwise communicates the same to you. ParcelPort may, in its sole discretion, change some or all of Services at any time. In the event ParcelPort introduces a new product or service, the pricing for that product or service is effective at the launch of the product or service. Unless otherwise stated, all fees are quoted in the currency specified in connection with such quote and do not include applicable taxes.
As a condition to using the Site and/or Services, you agree not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by ParcelPort. By way of example, and not as a limitation, you agree not to use the Site and/or Services:
1. in any way that is false, inaccurate or misleading;
2. to sell, transfer, license or assign your user account, or any other rights granted to you hereunder;
3. in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
4. to abuse, harass, threaten, impersonate or intimidate any person;
5. to post or transmit, or cause to be posted or transmitted, any content on the Site and/or Services that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
6. for any purpose (including posting or viewing content) or in any fashion that is not permitted under the laws of the jurisdiction in which you use the Site and/or Services;
7. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site or Services;
8. to reverse engineer, decompile or disassemble the Site, or to convert into human-readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
9. to create or transmit unwanted ‘spam’ to any person or any URL;
10. to violate or attempt to violate the security of the Site and/or Services;
11. except for accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
12. to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on or offline services directly or indirectly competitive or potentially competitive with ParcelPort;
13. to interfere with or attempt to interfere with the proper working of the Site and/or Services;
14. to sell or otherwise transfer your Site and/or Services account;
16. to interfere in any way with the business of any other user of the Site; or
17. in any other way that violates these Terms.
ParcelPort shall have the right, but no obligation, to monitor the content and your activities on the Site and/or Services to determine compliance with these terms and any other operating rules we establish.
ParcelPort reserves the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, or to refuse any purchase orders that in ParcelPort’s sole discretion is inappropriate, objectionable or in violation of these Terms.
ParcelPort neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services, whether it is provided by ParcelPort, our employees, or a third party. Under no circumstances will ParcelPort be liable for any loss or damage of any kind caused by reliance on information obtained through the Site, Support and/or Services. Neither ParcelPort nor any third-party content provider shall assume or have any liability for any action or inaction by ParcelPort or any third-party content provider with respect to any conduct, communication or posting on the Site and/or the Services.
ParcelPort may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, including without limitation if you breach the Terms, provided, however, that if any fees are payable by you to ParcelPort at the time of such termination, such fees shall remain due and will be collected at the time of termination. Any fees which you have paid in advance which have not been applied towards the provision of Services by ParcelPort at the time of termination will be refunded to you through the same payment method you used to make payment of such fees.
Upon termination of your account, your license to use the Site and Services will be revoked and your right to use the Site and/or Services will immediately cease. If you wish to terminate your ParcelPort account, you may simply discontinue using the Site and/or Services. All provisions of these Terms which by their nature shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Site and/or Services may provide, or third parties may provide, links to other websites or resources. Because ParcelPort has no control over such sites and resources, you acknowledge and agree that ParcelPort is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ParcelPort shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Personal Information We Collect
When you set up an account with us, or when you process shipments through our website, we collect certain personal information. That information includes:
1. your business / contact name, address, phone number and email address;
2. consignee names, addresses and their contact information;
3. credit card information (at time of a transaction);
4. account preferences
This information is collected and used for several purposes:
• To establish and maintain a commercial relationship with you and to provide you with shipping Services. Personal contact and credit card information is required to process your shipments. Account information is retained by us to enable our website to identify you, to allow you to set up and access your account. Individually identifiable credit card information is not stored on our site. This information is used only for these purposes and is only retained in transaction records required for internal management and auditing purposes, unless you are informed otherwise, or you provide your consent.
• To understand your needs and preferences. We maintain a record of the Services you receive from us, and we may ask you for additional information so that we can serve you better.
• To provide you with the information you have requested, and to keep you informed with respect to ongoing changes to our website. Your email address will be used to send you occasional announcements regarding our service. You can withdraw your consent for such mailings at any time by contacting us as set out below.
• To develop, enhance or provide new products and Services. We may from time-to-time conduct research, requesting input from our visitors to help us improve our website, products, and Services in an effort to serve you better. Your participation in such surveys is voluntary, and in some cases, you may have the option to participate anonymously. However, your name, address, email, and telephone number may be required to take advantage of bonuses or other benefits which are available to survey participants, in which case your contact information will only be used for notification and fulfillment purposes.
• To manage and administer our business. The nature of the internet is such that it passively and automatically collects certain information about a user’s traffic patterns, which may be linked to their Internet Protocol (IP) addresses. These are unique internet “addresses” assigned to all Web users by their Internet Service Providers (ISP). Server logs record statistical information, such as visitors’ IP addresses, type of operating systems, time and duration of visit, web pages requested, and identify visitors by categories such as domains and browser types. These statistics are only used on an aggregate basis and will not contain any information that could identify you personally.
• To meet legal, regulatory, security and processing requirements (such as in response to a court order), and otherwise as permitted or required by law. If we are required to use your personal information for purposes not identified to you or as set out above, these purposes will be described to you before the use of the information. We will not use your information for any other purpose without your consent.
Processing a Shipment
Certain information is required for both a ship-from and ship-to location in order to prepare shipping documents. Information collected includes but is not limited to:
• Business / contact name
• Phone number
• Full addresses
This information will be transferred to the appropriate Shipping Providers and Insurance Provider such that the requested services can be fulfilled. The information will also be used to provide support on the services in the event of an issue. Shipping documents cannot be prepared without all the required information. By processing a shipment, you are confirming that you have permission from all parties to disclose the information required to complete the transaction.
Users also should be aware that non-personal information and data may be automatically collected through the standard operation of our internet servers or using “cookies”. Cookies are small text files containing a unique identification number that identifies your browser – but not you – to our servers each time you visit our website. Cookies are not pervasive or invasive programs that enter a user’s system and damage files. They simply tell us which pages of our website are visited and by how many visitors. Cookies cannot, by themselves, disclose the individual identity of any site user, and we never combine information gathered by a cookie with personally identifiable information like your name, telephone number or email address, without your consent.
If you do not want information collected using cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature; however, you should note that you must have cookies enabled in your browser if you wish to make a purchase on our website, log into your account or download files.
Third Parties’ Access to Information
Parcel Port Solution Inc. is not in the business of selling customer information to others. Our customer information is not available for sale to any outside entity. We contract with third parties to fulfil certain functions on our behalf, such as providing marketing assistance, analyzing data, preparing, and maintaining site content, processing credit card payments, and providing customer service. These agents have access to customer information only as required to help them perform their functions on our behalf, but they are not allowed to use that information for any other purpose and must keep such information confidential.
Customer information is a valuable business asset. If for any reason ParcelPort transfers or divests itself of its business assets, our customer information will be transferred as one of those business assets.
ParcelPort will release customer information to the appropriate law enforcement, governmental or other authorities if legally required to do so. ParcelPort will also release such information if we feel it is necessary to protect our rights or the rights of our customers, affiliates, partners or any other party and for purposes of protection from fraud and credit risk.
Non-Secure Website Areas
You should be aware that if you voluntarily disclose personally identifiable information (e.g., email address, password) on non-secure areas of the ParcelPort.com website, that information can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of ParcelPort Canada Inc.
We store member and password information on our website in a secure manner. We store such information in a manner not accessible to web browsers, behind firewall and password protection, or offline.
This site has security measures in place (including the use of Secure Socket Layers (“SSL”) encryption technology) to protect against the loss, misuse and alteration of the personal information under our control. All order forms are encrypted and are transmitted via a secure server.
Employees, agents, and affiliates of ParcelPort who require access to your personal information to fulfil their job or contractual requirements will have access to your personal information to the extent necessary to fulfil such requirements.
The Security of the Site
ParcelPort maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our users’, business partners’ and others’ information. For example, for the security of your online visit to the Site, ParcelPort may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the internet can be guaranteed to be secure. As a result, while ParcelPort strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of confidentiality or security of your personal information, ParcelPort will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the primary email address in your account.
Updating Your Account Information
If you wish to update your personal information on ParcelPort, you will have to update that through the Property Management system that is used at your building. We obtain your personal information through this system and do not allow you to update our application. This ensures that we have a single source for your contact information.
Removing Your Account Information Upon request, ParcelPort will use commercially reasonable efforts to functionally delete the user and their personal information from our databases; however, it may be impossible to delete a user’s entry without some residual information because of backups and records of deletions. You can email us at support@theParcelPort.com to request that your account information be deleted from our servers.
When you visit the Site, use the Services or send emails to ParcelPort, you are communicating with us electronically. You consent to receive communications from ParcelPort electronically. ParcelPort may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that ParcelPort provides to you electronically satisfy any legal requirement that such communications be in writing.
Parcel Port Solutions Inc.
20 Great Gulf Drive, Unit #14
Vaughan, ON L4K 0K7
ATTENTION: Privacy Officer
If you are not satisfied with our response to your privacy concerns, you may wish to contact the Privacy Commissioner viahttp://www.privcom.gc.ca/or by calling 1-800-267-0441.
Intellectual Property Rights
Unless you are advised otherwise, everything you see or read on the Site and/or Services (including anything sent to you by ParcelPort via electronic communication) is subject to copyright, trademark or other forms of legal protection owned by or licensed by third parties to ParcelPort or the Shipping Providers. Content contained on the Site and/or the Services may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of ParcelPort.
The trademarks and logos (collectively the “Trademarks”) displayed on the Site and/or Services are registered and unregistered Trademarks. Nothing contained in the Site and/or Services gives you permission to use these Trademarks, and your use of the Trademarks is strictly prohibited. ParcelPort reserves the right to enforce its intellectual property rights where applicable.
By submitting content to the Site or through the Services (“User Generated Content”), you are granting us ownership of such User Generated Content and are waiving your “moral rights” with respect to the same. However, by submitting your User Generated Content to ParcelPort, you retain a worldwide, royalty-free, non-exclusive, sub-licensable and transferable right and license to use the User Generated Content in any way you would like.
Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or copies made by third parties prior to deletion.
By submitting User Generated Content to the Site and/or through the Services, you hereby represent and warrant to ParcelPort that, unless otherwise indicated by you in writing, the User Generated Content: (i) complies with these Terms; (ii) are your original works and do not infringe on the intellectual property rights of any third party; (iii) that use of such User Generated Content in compliance with these Terms shall comply with all local, provincial, and federal laws; (iv) that your use or sharing of such User Generated Content in connection with your use of the Site and/or Services does not violate any privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; (v) your use or sharing of the User Generated Content does not result in a breach of contract between you and a third party; and (vi) you (or the creator of) such User Generated Content have waived any and all moral rights in and to the User Generated Content.
Release, Limitation of Liability, Indemnity
You will indemnify, defend, and hold harmless ParcelPort its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, , licensees, successors and assigns (the “ParcelPort Parties”) with which you interact through the Site or the Services against any actual or threatened third-party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (collectively as “Claims”) arising out of or based upon any breach of these Terms or from any representation or warranty contained herein and made by you which was or is at any time false, and indemnify the ParcelPort Parties from all damages, costs, and attorneys’ fees finally awarded in any such Claim against the ParcelPort Parties. Your obligation under this section is contingent on: (a) the ParcelPort Parties giving you prompt written notice of the Claim, provided that notice given by way of the email address most recently provided by you shall be deemed to be effective notice; (b) the ParcelPort Parties granting you full and complete control over the defense and settlement of the Claim; (c) the ParcelPort Parties providing assistance in connection with the defense and settlement of the Claim as you may reasonably request; and (d) the ParcelPort Parties’ compliance with any settlement or court order made in connection with the Claim, provided that you may not agree to any settlement that imposes any obligation on the ParcelPort Parties without the ParcelPort Parties’ consent. The ParcelPort Parties will not defend or settle any Claim eligible for indemnification under this section without your prior written consent.
You hereby expressly and irrevocably release and forever discharge ParcelPort, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns with whom you interact through the Site or Services, of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and/or the Services, including but not limited to (i) any interaction with a Shipping Provider; (ii) any damage to your personal property; or (iii) any personal injury sustained by you.
In no event shall ParcelPort be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site and/or the Services (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising); or (iii) for any direct damages in excess of (the aggregate) of the amounts paid to ParcelPort by the party claiming liability in the twelve (12) months immediately preceding the date on which such liability is alleged to have arisen.
Disclaimer of Warranties
THE SITE, THE SERVICES, AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY PARCELPORT ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER PARCELPORT NOR ANY SHIPPING PROVIDER MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR SERVICES, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PARCELPORT DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.
FURTHER, NEITHER PARCELPORT NOR ANY SHIPPING PROVIDER MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE AND/OR THE SERVICES AND/OR THEIR CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PARCELPORT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE AND/OR THE SERVICES. BY USING THE SITE AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, SERVICES, OR PRODUCTS AND SERVICES ASSOCIATED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE AND/OR SERVICES, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. NEITHER PARCELPORT NOR ANY SHIPPING PROVIDER WARRANTS OR GUARANTEES THAT THE SITE OR SERVERS OR EMAILS SENT BY OR ON BEHALF OF PARCELPORT ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, NEITHER PARCELPORT NOR ANY SHIPPING PROVIDER GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE OR SERVICES, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND PARCELPORT, OR BETWEEN YOU AND ANY OTHER USER OR SHIPPING PROVIDER, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
Conflict with Other Agreements
These Terms are in addition to, and do not nullify, any other agreement between you and ParcelPort or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and ParcelPort, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.
Void where Prohibited by Law
ParcelPort administers and operates the Site and Services from its location in Ontario, Canada. Although the Site and Services are accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on the Site and/or Services are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. ParcelPort reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Ontario, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Resolution of Disputes
If a dispute arises out of, or in connection with this Agreement, the parties agree to first meet to pursue resolution through negotiation.
No agency, partnership, joint venture, or employment is created because of these Terms, and you have no authority of any kind to bind ParcelPort in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ParcelPort shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond ParcelPort’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). ParcelPort may transfer, assign, or delegate the Terms and its rights and obligations without consent.
Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
All notices or other correspondence to ParcelPort under these Terms must be sent to the following electronic mail address for such purpose: firstname.lastname@example.org.
Or to the physical address noted at www.theparcelport.com.