Terms and Conditions
These Terms and Conditions and any documents referred to herein set out the terms and conditions on which you are permitted to use our website,ShipSimple by CourierGateway www.shipsimple.ca (our website) , By using our website, you agree to be bound by, and to comply with, these Terms and Conditions.
These Terms and Conditions are effective from January 1st, 2023.
The following terms and conditions apply to all the users and customers (hereinafter referred to as “you”) with ShipSimple by CourierGateway.com Inc. hereinafter referred to as “www.shipsimple.ca,” us” or “we”, at the www.shipsimple.ca website or mobile website.
This page sets out the terms and conditions on which www.shipsimple.ca services on its website for purchase online. Please read these terms and conditions carefully before making a purchase using the website. The services at a particular time do not warrant that these services will be available at any time. We reserve the right to discontinue any service at any time.
CourierGateway.com Inc. (we, our and us) operates the website www.shipsimple.ca . ShipSimple is a division of CourierGateway.com Inc.. CourierGateway.com Inc. is based in Canada, our registered address 2425 Matheson Blvd. East, 8th Floor, Mississauga ON L4W 5K4.
Our email address is firstname.lastname@example.org
The prices along with the services are available on our website. We reserve the right to change the prices of the services at any time without prior notice. Pricing can change based on our discretion at any time we deem necessary.
You agree to pay the quoted price and any additional fees deemed applicable by the courier upon final delivery. All payments are made through Stripe and charges are made by credit card at the time of label purchase / creation during the order process. Default of payment will result in the user account being immediately put on “hold” status until payment is made by credit card with no user access to the account including shipment status. The user will be given a link to make their payment and the account will then be put back to “active” status.
You agree to pay all fees associated with the Service, which may be updated from time to time. Overdue accounts will accrue interest at a rate of 0.5% per week calculated and compounded weekly on the delinquent amount (25% per year), pro-rated to the date when payment is made. Administrative charges may be levied for administration or account processing activities in connection with your account, including, without limitation, as a result of the following: collection efforts due to non-payment, returned or rejected payments.
In the event that shipping costs of your package increase due to under reported package size or weight, ShipSimple shall bill your credit card for this increased cost, and you hereby authorize Shipsimple to do so.
In the event that ShipSimple receives a chargeback dispute from your payment provider, each chargeback dispute will incur a fee of $30 or 25% of the chargeback amount, whichever is greater. This fee will be added to your current invoice and shall be due and payable immediately. Further, ShipSimple will have the right to terminate your account without further notice.
In the event of an unsuccessful charge on your credit card, an NSF fee of $25 will be added to your invoice.
Weekly Invoice: ShipSimple reserves the right to revise your pricing at any time. ShipSimple will send you an invoice detailing your orders and any additional applicable charges at the end of each week in which you place an order. You agree to provide current, complete and accurate payment and billing information for your account. You agree to properly update all information to keep your account current, complete, and accurate (for example you must notify us of a change in billing address, credit card number, or credit card expiration date). Failure to keep such payment method details current and accurate may result in ShipSimple’s failure to collect applicable fees, and may result in the suspension or termination of your access to the Services.
You may request a refund of unused labels/postage through ShipSimple for a specified fee, but such refunds are subject to the policies of the applicable Courier. If a Courier refuses to issue a refund, ShipSimple will not be responsible for refunding any postage amounts paid to such Courier. ShipSimple may, at its discretion, issue a refund of any fees paid in addition to the Courier’s postage fees. If a refund is issued, it will be provided no earlier than 14 days after the order date. Any postage/label or fee refund claims must be filed within 15 days after the postage or order has been created. See ‘claims’ terms and conditions.
ShipSimple shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us.
For accounts with greater than one user, the agreed upon monthly “user” fee will be applied and payment will automatically be made through Stripe by credit card.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or services, or other intangible loss, resulting from (i) the services (ii) the results of the services (iii) the use or the inability to use the services; (iv) any changes which we may make to the services, or any permanent or temporary termination of the services; (v) or any other matter relating to the services.
SERVICES WE OFFER:
Services we offer on our website are as follow:
SHIPPING AND DELIVERY:
We use third-party services for shipping and delivery services therefore, we are not liable for any-third party shippers or their third-party service provider’s failure to complete the delivery process on time. We are not responsible for the delivery within the estimated time or date specified. The delivery time is estimated and is not guaranteed / warranted in any manner.
Once the package is received by the third-party shippers from you, we shall have no liability for the delivery, loss or damage of the package by any cause. You understand and acknowledge that the value of the goods delivered does not exceed the amount mentioned in the electronic shipment information uploaded to the website. However, you can track your shipment/delivery from our website through tracking number, shipment number and order number. Please keep the shipping information to track your shipment and to avoid any inconvenience.
SIGN-UP AND ACCOUNT DETAILS:
To use our complete website services and shipping services first you must sign-up by giving us the relevant information. If we provide you with account information such as a username, identification number, shipment number, tracking number, account code, and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use by the named account holder only, and not for any other person. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party.
We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms and Conditions or any other document referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account or any unauthorized disclosure of your login information.
If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at email@example.com
We offer free pickup services to our users/clients excluding Canada Post which charges additional pick up fees. Once you place an order and book a shipment, you can schedule a free pickup of your package. Canada Post is the only service that does charge a pickup fee and you will have the option to schedule a pick up or drop off at your local Canada Post office. Our third-party carriers will pick your package within the scheduled time. Please print the labels of shipping details properly and stick them on your package to avoid any inconvenience due to loss or misplacement. If you are dropping off your package at Canada Post, please follow the instructions above.
You agree and understand that Third-Party Supplier of CourierGateway.com Inc. / ShipSimple (the courier you have chosen), without any notice, may, at the sole discretion of our Third-Party Supplier, may open and inspect your package at any time. Customs authorities, or any other governmental authorities, may also open and inspect any package at any time.
You shall be responsible for any customs duties payable on any goods by any International customs authority, all duty, excise duty and other costs which become liable to pay are paid by you.
You are also responsible to provide any relevant information to us required by any customs authorities around the world and authorize us to transmit the same to the customs authorities of the countries concerned, by the laws in force in those countries.
You understand and agree to waive any right to refunds for goods rejected by Customs authorities, or other governmental authorities, and you expressly agree that the rejected goods may be confiscated or destroyed without any compensation.
REFUSAL OF SERVICE:
We reserve the right to refuse any package from you for the following reasons:
- For any illegal content which is strictly prohibited such as drugs etc.
- If any violation of federal, provincial, or local law, or for fraudulent purposes.
- A package having incomplete information
- Improper packing of the package
- Unpaid packages
OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE:
In addition to these Terms and Conditions, your use of our website is also governed by the following document:
AVAILABILITY OF OUR WEBSITE:
We make no representations and provide no warranties that:
The website will be made available at any specific time or from any specific geographical location; your access to the website will be continuous or uninterrupted; or
The website will be accessible or optimized on all browsers, computers, tablets, phones, or viewing platforms.
We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period, we will try to provide you with prior notice where reasonably practicable.
CHANGES WE MAY MAKE TO THESE TERMS AND CONDITIONS AND OTHER DOCUMENTATION:
- To reflect any changes in the way we carry out our business.
- To account for any changes, we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to how we provide notices to you, or any changes in the content, purpose or availability of the website.
- To accurately describe our current data-processing activities so that you are kept up to date with our latest practices.
- To ensure that our documentation complies and remains compliant with any current and future applicable laws, regulations and official guidance.
If required by law, we will provide you with notice of any changes in these Terms and Conditions or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms and Conditions or other such documentation on our website with a new effective date stated at the beginning of them.
OWNERSHIP OF MATERIAL ON OUR WEBSITE:
All trademarks, service marks, trade names, logos, copyright, and other intellectual property rights on our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us.
PERMITTED USE OF MATERIALS ON OUR WEBSITE:
The content on our website is provided for your personal, private, and non-commercial use only. You may print or share the content from our website for lawful personal, private, and non-commercial purposes, and you may also make others within your organization aware of the content on our website. You may not otherwise extract, reproduce, or distribute the content of our website without our prior written consent.
Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
PROHIBITED USES OF OUR WEBSITE:
You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms and Conditions.
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must use our website for lawful purposes only and following these Terms and Conditions. You must not use our website:
- For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international.
- For any fraudulent purposes whatsoever.
- To conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;
- To upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content.
- You will not partake in any behaviour that victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
- To communicate with, harm or attempt to harm in any way; or
- Any type of recording is strictly forbidden.
- In any way or for any purpose that breaches these Terms and Conditions or the terms of any of the documents these Terms and Conditions refer to.
You must not submit any information about you to us if you are under the age of 16, or about any other person who is either:
- Under the age of 16; or
- If they are aged 16 or above, where you have not received their prior written consent to submit information about them to us.
You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
VIRUSES AND OTHER HARMFUL CONTENT:
We do not guarantee that our website does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.
We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.
LINKS TO OTHER WEBSITES:
Links to third-party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate. By using this website customer agrees to abide by all the terms and conditions relating to the specific carriers below:
Purolator, Loomis Express, Canada Post, GLS, DHL
LIMITATIONS OF LIABILITY:
OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, concerning THE WEBSITE CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, FOR SERVICES PURCHASED VIA THE WEBSITE.
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
- YOUR USE OF OUR WEBSITE;
- ANY CORRUPTION OR LOSS OF DATA;
- ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
- ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
- ANY LOSS OF SAVINGS;
- ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
YOU AGREE THAT if YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of this clause are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
You and also any third party for or on behalf of whom you operate an account or activity on the website, agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following:
- Your uploads, access to or use of the website;
- Your breach or alleged breach of these Terms and Conditions;
- Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right;
- Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
- Any misrepresentation made by you.
You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
- THE SERVICE;
- THE WEBSITE CONTENT;
- USER CONTENT; OR
- SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.
Also, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS AND CONDITIONS.
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
AGE RESTRICTIONS ON USE OF OUR WEBSITE:
Our website and any services available on or via the website are not intended for use by individuals under the age of 16.
IF YOU ARE UNDER THE AGE OF 16, YOU MUST NOT USE OUR WEBSITE, PURCHASE, OR ATTEMPT TO PURCHASE ANY OF OUR SERVICES OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US.
We do not knowingly or intentionally process information about any individual under the age of 16.
GOVERNING LAW AND JURISDICTION:
These Terms and Conditions, any documents they refer to, and any disputes arising from or about them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed following the laws of Canada.
The courts of Canada shall have exclusive jurisdiction over any claims or disputes arising from or to these Terms and Conditions and any documents they refer to.
The copyright in these Terms and Conditions is either owned by or licensed to us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.
If you have any questions regarding these terms and conditions of this website, please contact us by any of the following means;
Support Email : firstname.lastname@example.org
Address: 2425 Matheson Blvd. East, 8th Floor, Mississauga, ON L4W 5K4
Contact Us: +1-888-210-8910
© All rights reserved. January 1st, 2023