Last update: April 22, 2020
Hello and welcome to Expert Shipping!
If you do not agree to the terms of this Policy, you must immediately stop using the Website or our services. The term "Personal Information" in this policy is used to describe any information relating to individuals or companies. This term does not include the name, business address, or telephone number of an employee of an organization. We reserve the right to update, revise, modify or amend this policy from time to time. We encourage you to periodically review this page for any changes to our policy. If there are major changes to our policy, we will post them on this page. (www.expertshipping.ca/Mentions-légales-et-Politique-de-Confidentialité) and will notify you either by email or by a notification on your Expert Shipping account. If you continue to use Expert Shipping's services after these changes, you agree to the revised policy. We will endeavor to keep your personal information accurate and up to date using the most recent data you have provided us with. If you wish to have access to your personal information, as permitted by law, we will provide it to you.
Expert Shipping is committed to using the best procedures, tools and techniques established by industry standards to ensure the security of your personal information. At the same time, since there is no method that guarantees 100% security when transmitting information over the Internet, you are advised to keep your password in a safe place and take care to prevent unauthorized access to your Expert Shipping account and personal information. If you are using a third party device to access your account, you must log out once your session has ended.
We strive to protect your personal information and the confidentiality of your account, but unfortunately we cannot guarantee complete security.
In order to access the features offered by the website or our services, it may be necessary for users to provide us with personal information. The decision whether or not to provide the information requested on the website is made voluntarily.
However, if you do not provide this information and/or data, we may not be able to provide certain services, and your use of the website and our services will be limited. Our purposes for collecting information include the following:
Expert Shipping strives to collect only personal data that is necessary and adequate but not excessive in relation to the purposes defined above. In the event that Expert Shipping needs to use your personal data for a purpose other than those stated herein, Expert Shipping will seek your prescribed consent to do so.
Senders are Users, persons authorized by a User to access his or her account, and in general any person who uses our Services to ship items. In order to facilitate our provision of services, we collect personal information from shippers as follows:
1.first and last name
2. company name
3. contact number
4. e-mail address
5. Physical address for billing and pickup
6. Credit card or PayPal details
In the event that you are a shipper of Expert Shipping, Expert Shipping will collect the data related to the browser and device with which you access our service, your IP address, your network connection, as well as the date and time of your visit to our website. This information is used to improve our service and to provide you with relevant information about your account. We collect the above personal information when you register for our services, access our services, activate our services from a partner's website, and at any time you update your personal information on your Expert Shipping account.
Expert Shipping also collects personal information about the recipients of shipments as follows:
1.first and last name
2. company name
3. contact number
4. e-mail address
5. l’adresse physique.
We may share the above information with third party companies that we use to provide our service, including but not limited to couriers, transportation companies and insurance companies, to ensure that shipments are properly delivered to recipients in a timely manner. We may also contact recipients using the above information to inform and keep them informed of shipment information (i.e., tracking number, courier company and delivery status updates), to obtain feedback on the courier service, suggestions for improving our service and any information that may facilitate delivery of the shipment.
The above recipient information may be collected from senders when scheduling a shipment, when a partner's customer uses our services to ship, or when a recipient of the shipment contacts us to change any information regarding the delivery of the shipment.
Partners are individuals or companies who have agreed to the Expert Shipping Terms of Service on the following page of our website www.expertshipping.ca/terms ("Terms of Service") and to join our partner program in order to combine their efforts with ours:
1. Promote and provide expert shipping services to their customers, users, visitors or, in general, to anyone in their community ;
2. Referring customers to Expert Shipping
3. Integrate with our website by providing our services to their clients on their respective platforms; or
4. Application development using our Expert Shipping API.
We may collect the following information about our partners and their customers:
1.first and last name
2. company name
3. contact number
4. e-mail address
5. Physical address for billing and pickup
6. Credit card or PayPal details
Expert Shipping does not collect any personally identifiable information from Users while they visit and browse the Site, unless such information is expressly requested by Users. The Website only records Users' visits, domain names, server address and tracks the pages that Users visit. This information is stored in the form of "cookies". A cookie is a small text file that our Website transfers to the hard drive of your computer or device. Expert Shipping uses these cookies to better serve you, accommodate you and/or maintain your information on multiple pages, during one or more sessions. Cookies are used to collect and store information such as IP addresses, browser type, referring/exit pages, operating system, timestamp and click stream data in log files. These processes occur without affecting users' use of the website.
Expert Shipping and other third party suppliers engaged by Expert Shipping use Expert Shipping's cookies and third party cookies to inform, optimize and serve marketing materials based on users' past visits to the website. Expert Shipping puts any personally identifiable information in the cookies. Expert Shipping generally uses this automatically collected information and data to estimate the size of the website audience, estimate the popularity of different parts of the website, track user movements and the number of visits to the website, measure user traffic patterns and administer the website.
Your web browser may allow you to modify your cookie preferences, including deleting and disabling cookies. Please consult the help section of your web browser or follow the links below to understand your options, but please note that if you choose to disable cookies, some features of our website or services will not function as intended.
• Chrome : https://support.google.com/chrome/answer/95647?hl=en
• Explorer : https://support.microsoft.com/en- us/products/windows?os=windows-10
• Safari : https://support.apple.com/kb/PH21411
• Firefox : https://support.mozilla.org/products/firefox/cookies
• Opéra : http://www.opera.com/help/tutorials/security/cookies/
We will not use your personal information for any reason other than for legitimate business purposes as defined by law.
We do not sell, disclose or share personal information collected from you or your customers with any company for the promotion and sale of its own products and services.
The only reason we reserve the right to share your personal information is to ensure the performance of our service, for which we reserve the right to share your personal information only with third party companies that work with us to provide our services, such as couriers, insurance companies and payment providers. For example, your customers' contact information and addresses may be shared with the courier or transportation company in order to deliver your shipment.
At all times, the sharing of any information collected by Expert Shipping is done in accordance with the Personal Data (Privacy) Order (Cap. 486) and may be transferred as indicated in this document :
Expert Shipping works with third parties to provide our services to our shippers, users and we may share personal information with them to ensure the performance of our services. Examples of third party companies are our listed couriers, shipping companies, insurance companies, payment providers and customer communication tools. We may also receive personal information from our partners and third parties. In all cases, only the necessary personal information fields will be shared.
Personal information may be shared with a company that acquires our business, whether by acquisition, merger or similar transaction.
In the event that Expert Shipping needs to share your personal information with third parties for reasons other than those described in this section, we may ask for your approval before sharing this information.
In the event of a subsequent transfer, Expert Shipping is responsible for the processing of the personal information it receives under the privacy shield and then transfers it to a third party acting as an agent on its behalf. Expert Shipping remains liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event causing the damage.
The security of users' personal information is important to Expert Shipping. Expert Shipping will strive to ensure that all personal information is protected against unauthorized access. Expert Shipping has implemented appropriate electronic and management measures to safeguard, protect and secure users' personal information.
All information and personal data provided by our users is accessible only to authorized personnel of Expert Shipping or its authorized third parties, and such personnel are required to comply with the terms of this policy when accessing such information and personal data. Users can be assured that their personal information and data will only be retained for the time necessary to fulfill the purpose for which it was collected, unless users request Expert Shipping to cease to hold it or to terminate their membership account with Expert Shipping. Such requests may prevent Expert Shipping from continuing to provide its services, information and/or promotional materials to you in the future.
Expert Shipping follows generally accepted industry standards to protect the information and personal data submitted by users to the website, both during transmission and once Expert Shipping has received it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, although Expert Shipping strives to protect users' personal information and data from unauthorized access, Expert Shipping cannot guarantee its absolute security.
As Expert Shipping provides services to users on a global basis, users acknowledge that personal information may be stored and processed in any country where Expert Shipping operates and/or engages third party companies to provide services as described herein. Expert Shipping may transfer personal information to countries such as the United States, Singapore and any other country determined by Expert Shipping, whose data protection rules may be different from those of the user's country of domicile. Expert Shipping endeavours to take the necessary measures to ensure that any transfer of Personal Data complies with applicable data protection laws and that Personal Data remains protected according to the standards described in this policy. In certain circumstances, courts, law enforcement agencies, regulatory or security authorities in these other countries may be authorized to access your Personal Information.
Last updated on: April 22, 2019
Expert Shipping Inc. ("Expert Shipping", "we", "us" and "our") is the operator of www.expertshipping.ca("website"). The Website is designed to provide assistance to users ("User(s)", "you") in creating and managing shipments ("Shipment"). This Web Site and the provision of our services (defined below) are offered on the sole condition that you accept without modification all of the terms, conditions and notices set forth below (collectively, the "Terms of Service"). By creating an account on the Website ("Expert Shipping Account") or by using the services we offer, you acknowledge that you have read, understand and agree to be bound by the Terms of Service and declare that you have read and understood them.
The Terms of Service represent a legally binding agreement between you (and your client, employer or other entity if you are acting on their behalf) and Expert Shipping and its direct subsidiaries or affiliates, including the various entities that Expert Shipping uses to operate locally in different countries.
1.1 If you are entering into these Terms of Service on behalf of a corporation, firm or other legal entity, you represent that you have the authority to bind such entity and its subsidiaries to these Terms of Service, in which case the terms of service "you" or "your" will refer to such entity and its subsidiaries. If you do not have such authority, or if you do not agree with these Terms of Service, you will not accept the Terms of Service on behalf of such entity and you are not authorized to use this website or the Services.
1.4. You agree and acknowledge that you may be subject to additional terms and conditions applicable to certain services that we provide and which may be attached to such services from time to time. All such terms are incorporated by reference into these Terms of Service.
1.5. In the event that you commit a breach or violation of the terms and conditions of our Terms of Service, we shall be entitled to immediately terminate our services, suspend your Expert Shipping account and/or take any other legal action at our discretion.
1.6. The use of any service that we do not provide directly (including, without limitation, storage services) requires you to enter into a separate and legally binding service agreement with a third party service provider. You acknowledge and agree that we assume no liability for the acts, errors or omissions (including, without limitation, any negligence or willful misconduct) of any third party service provider with whom you or any of your affiliates may contract for any purpose.
2.1. For the purposes of these Terms of Service, "Services" include (a) website account services, (b) all software, data, reports, text, images, sounds, videos and content made available through any of the foregoing means (collectively, "Content"), and (c) shipping services. Any new features added to or supplementing the Services are also subject to these Terms of Service.
3.1. Here are the types of products that, for everyone's safety, you are not allowed to ship by Expert Shipping:
- Any product related to illegal activities or which is prohibited by law in the place of origin, destination or any site through which this product travels.
- Any product requiring specific licenses to be stored or distributed. Examples of products requiring distribution and licensing may include, but are not limited to
o Live plants and animals
o Alcoholic beverages
o Ammunition and firearms
o Firearms and all types of weapons
o Prescription pharmaceuticals or other hazardous drugs
o Explosive or dangerous products
o Counterfeit items;
o unique or exceptional materials
o Precious metals in the form of ingots or reserves.
3.2 Expert Shipping is not responsible for loss, damage, destruction of this prohibited product.
3.3. In order to maintain the integrity of ExpertShipping's services and reputation, ExpertShipping will report any activity related to the shipment of prohibited items to the competent law enforcement authorities and maritime partners.
4.2. You may not submit a tender for the shipment of any of the prohibited items listed in point 3.1. You grant Expert Shipping, and any authorized third party, the right to inspect your shipment at any time. We reserve the right to reject or suspend the shipment of any item.
4.3. You will not use the services for (or help another person to):
1. 1. You may not 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 risk to the privacy or security of any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, racially, ethnically or otherwise objectionable; or(vi)in the sole judgment of ExpertShipping, is objectionable or which restricts or inhibits any other person from using or enjoying the services, or which may expose Expert Shipping or its users to any damage or liability of any kind.
2. interfere with or disobey any requirements, procedures, policies or regulations of the networks connected to the Services; or
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
5. to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through theServices.
4.5. You understand that the operation of the Services, including your Content, may be unencrypted and may involve (a) transmissions over various networks; (b) modifications to conform and adapt to the technical requirements of connecting networks or devices; and (c) transmission to Expert Shipping's third party providers and hosting partners to provide the hardware, software, networking, storage and related technologies necessary to operate and maintain the Services. As a result, you acknowledge that you are solely responsible for the adequate security, protection and backup of your content. Expert Shipping shall have no liability to you for any unauthorized access to or use of Your Content, or for any corruption, deletion, destruction or loss of Your Content.
4.6. You are responsible for obtaining and maintaining all equipment and ancillary services necessary to connect, access or use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating systems, network, web server and Internet services (collectively, "Equipment"). It is your responsibility to ensure that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in Expert Shipping's then-current published policies. You are also responsible for maintaining the security of the Equipment, your account, passwords (including, without limitation, 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 ExpertShippingdenot to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right. You acknowledge that this Terms of Service form is a contract between you and ExpertShipping, even if it is electronic and is not physically signed by you and ExpertShipping, and that it governs your use of the services and supersedes any prior agreement between you and ExpertShipping.
4.8. Subject to the terms and conditions of service herein, ExpertShipping may (but is not obligated to) provide technical support services, via e-mail, in accordance with our usual practices. ExpertShipping may use the recipient's personal information to send package updates, obtain feedback from the recipient and generally whenever ExpertShipping believes it is necessary to continue its services.
4.9. If you wish to change any information regarding the shipment, such as the address, items included or others, you must inform Expert Shipping customer service at firstname.lastname@example.org. In the event that the shipment has already been entrusted to a transport company, courier or mail service ("Courier"), these changes may not be effective, or the Courier may charge a fee to validate the change.
4.10. In the event that a shipment is recalled and the courier does not deliver the returned delivery to the sender's address, the shipment will be returned to Expert Shipping.
You may choose to pick up the shipment, at your own expense, at a designated location provided by Expert Shipping, or pay a return shipping fee of $20.00 CAD per shipment and Expert Shipping will ship it to your shipper's address. The shipment will only be delivered to a local shipping address. If you do not pick up the shipment within thirty (30) days from the date the shipment is returned to ExpertShipping,ExpertShipping will send it to your shipper address and deduct the return shipping cost from your account.
5.1. In order to create an account with Expert Shipping, you agree to provide accurate information to the best of your knowledge and belief ("Registration Information") and to promptly update such Registration Information as necessary. Access to and use of the Expert Shipping account is restricted to authorized users only.
5.2. You agree not to share your password(s), account information or login information with any third party. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur under your password(s) or account access information. You agree to immediately notify Expert Shipping of any unauthorized use of your account. Expert Shipping will not be liable for any unauthorized use of your account.
5.3. You may invite other users to share your account ("Guest Member"). However, you will be responsible for the actions and activities of that Guest Member on your Shipping Expert account.
6.1.Fees You can use ExpertShipping to generate shipping labels using your own shipping email accounts ("Your email account" or "User email account") or using Expert Shipping's own shipping email accounts ("Expert Shipping email account").
In the event that you generate a shipping label with an Expert Shipping Courier account, you will be charged a shipping fee, which will include all costs associated with the shipment, as specified by Expert Shipping, including, but not limited to, freight charges, fuel surcharge, import tax, duties, taxes and fees.
import charges, remote overloads, residential overloads, courier handling charges, pick-up charges, and any other amounts related to the Expert Shipping business ("Shipping Charges"). You acknowledge and agree that Shipping Charges do not include any additional charges resulting from separate agreements with third-party service providers.
Expert Shipping offers various services, some of which are only available by paying a monthly subscription fee ("Subscription Fee"). If you subscribe to a paid monthly subscription, you agree to pay the corresponding Subscription Fee.
You will be required to pay all charges associated with your purchase from Expert Shipping for any product or service, including, but not limited to, taxes and duties, shipping variances ("Additional Charges").
All shipping costs, insurance costs, underwriting fees and additional charges are referred to as "fees".
6.2. Discrepancies Quotations for shipping charges by Expert Shipping are based on the information you have provided, including, but not limited to, the shipper's address, receiver's address, weight, dimensions and value of the items. In the event that a shipping label is generated using an Expert Shipping courier account and there is a discrepancy between the shipping charges invoiced by Expert Shipping at the time the user purchases a shipping label and the shipping costs charged by couriers to ExpertShipping due to incorrect information provided by you, including, but not limited to, weight, dimensions, item(s) value, address, residential address statement or any other information essential to estimate shipping charges, you will be responsible for the amount of such discrepancy ("Shipping Discrepancies" or "Adjustments"). ExpertShippingdescribes specifically any liability for any errors in shipping charges due to inaccurate or incomplete information. ExpertShippingdescribes no liability for any changes or modifications to shipping charges. Expert Shipping will make reasonable efforts to charge the amount of the difference to your account in a timely manner, but Expert Shipping makes no representations or warranties regarding the time required to complete the processing.
6.3. Account BalanceYou must maintain a valid payment method ("Authorized Payment Method") on file with us to pay all accrued and recurring charges and to transfer funds to your Expert Shipping Account ("Account Balance") as incurred, all amounts will be deducted from your Account Balance and charged to your Authorized Payment Method.
Subscription fees are paid in advance and will be billed monthly (each such date, an "Invoice Date"). You will be billed on each Billing Date for all outstanding Subscription Fees that have not yet been paid. The charges will appear on an invoice that will be sent to the user via the email provided. Similarly, an invoice will appear in the billing section of your Expert shipping account.
Shipping, insurance and additional charges are billed at the time a shipping label is generated, therefore the Services are considered "prepaid". Shipping charges are subject to change as set forth in Section 6.3 hereof. In order to access our Services.
Users are required to maintain a minimum balance of $0.00 CAD at all times on the Expert Shipping Account. In the event that the account balance becomes negative, i.e. less than 0, you authorize Expert Shipping to instantly bill the charges due to any authorized payment method, and Expert Shipping will continue to bill the authorized payment method for the applicable charges until all outstanding charges have been paid in full.
If we are unable to process the payment of the fee using an authorized payment method, we will make a second attempt to process the payment using an authorized payment method three days later. If the second attempt is unsuccessful, we will make a final attempt 3 days after the second attempt. If our last attempt is unsuccessful, we may suspend and revoke access to your account and the Services. Your account will be reactivated as soon as you have paid all outstanding charges, plus the charges applicable to your next billing cycle. You may not be able to access your account during the period of suspension, in which case you must contact our support team at http://expertshipping.ca/contact.Silesfraisimpayésrestent unpaid for ten (10) days after the date of suspension, you agree to deposit funds into your Expert Shipping Account using another payment method and to update the authorized payment method.
6.4. Currency fluctuations and exchange rates Expert Shipping reserves the right to adjust its prices in response to currency fluctuations, including but not limited to changes in currency conversion rates, changes in conversion charges and/or changes in discount rates.
Expert Shipping will indicate the currency in which a transaction is invoiced, but Expert Shipping is not responsible for any fees or exchange rates charged to you by a third party payment provider.
6.5. Disputes regarding shipping chargesIn the event that you disagree with the shipping charges billed to your account, you must submit such complaint to Expert Shipping within thirty (30) days of the billing of the charges ("Dispute Period").Expert Shipping will not consider requests for adjustment of shipping charges received by customers after the Dispute Period.
6.6. TaxesYou acknowledge and agree that all fees, charges and all other rates or amounts charged to You by ExpertShipping hereunder are exclusive of any applicable taxes on value added, sales/uses or goods and services ("Transaction Taxes") that may be levied in connection with the provision by ExpertShipping of the services provided to You. Where applicable, you will be responsible for the payment of all Transaction Taxes resulting from shipping charges or other amounts charged to you by ExpertShipping. Users who incorrectly declare the type of merchandise and/or the value of their shipment(s) may be subject to a penalty of 100 Canadian dollars or the difference between the declared value and the transaction value, whichever is higher.
6.7. Balance Refund Users may request Expert Shipping to refund any available and unused account balance, which will be refunded in accordance with the authorized payment method used to deposit the funds into Expert Shipping's account, subject to payment of payment fees, or transaction fees, or any other related charges.ExpertShipping will refund any available and unused account balance within ten (10) days of receipt of the User's request by Expert Shipping.
6.8. Shipping Refund Users may cancel any paid and unused shipping labels and request a refund accordingly before a shipment is processed. ExpertShipping will refund shipping charges to the User, either to the User's account balance or to the payment method authorized by the User, within ten (10) days from the date the User requests such cancellation. In the event that the shipment has already been dispatched and sent to the mail, such shipment cannot be cancelled and the User will be charged for the full cost of the shipment and all other related charges. In the event that a shipment previously refunded to the user by Expert Shipping, is shipped by the user, Expert Shipping will bill and charge the user for the cost of the shipment.
6.9. OtherYou are responsible for all applicable taxes resulting from your subscription or purchase of ExpertShipping services and, to the extent that ExpertShipping charges such taxes, such taxes are calculated using the applicable tax rates based on the billing address you provide to us. If ExpertShipping does not invoice you for taxes, it is your responsibility to determine whether taxes are due and, if so, to pay them to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all amounts payable by you to Expert Shipping under these terms and conditions of service shall be paid free of charge and without any deduction or holdback of any kind. With the exception of taxes invoiced to you by Expert Shipping and remitted to the relevant tax authorities on your behalf, any deduction or withholding required by law will be for your account and paid separately to the relevant tax authority. Expert Shipping is entitled to invoice the full amount of the charges stipulated in these Terms of Service to your authorized method of payment, ignoring any deduction or withholding that may be required.
7.1. For the purposes of this Agreement, "Expert Shipping Property" means (a) ExpertShipping's methodology for the provision of services; (b) development tools; and (c) Expert Shipping's ideas, websites, designs, processes, code, technology, software, copyright, logos, domain names, patents, trade secrets, trademarks, products and materials. Expert Shipping hereby retains all worldwide rights, titles and interests in Expert Shipping's property. All rights not expressly granted herein to the property of ExpertShippings shall be retained by Expert Shipping. You acknowledge that all right, title and interest in and to the property of ExpertShipping is held by ExpertShipping.
7.2. Additional RestrictionsBesides what is permitted herein, you may not (and you may not permit others to) directly or indirectly modify, translate, decompile, disassemble or reverse engineer any part of Expert Shipping Property, or attempt to discern the operation or exploitation of the Website or the Services; or copy, rent, lease, distribute or otherwise transfer any part of the rights you receive under this Agreement. For clarification purposes, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Expert Shipping and you may not copy, imitate or use them without our prior written consent.
You may use the HTML logos provided by ExpertShipping through our merchant services, auction tools or affiliate programs without prior written authorization, solely for the purpose of directing web traffic to Expert Shipping.ca. You may not alter, modify or change such HTML logos in any way, use them in a manner derogatory or otherwise unfavorable to Expert Shipping or the services, or display them in a manner that implies Expert Shipping's sponsorship or approval. You shall not (and shall not permit others on your behalf to) do so: (i) use any robot, spider, scraper or other automated device to access the Expert Shipping Website or the Expert Shipping Services for any purpose without the express written permission of Expert Shipping, (ii) interfere or attempt to interfere with the proper working of our Website or any activity being conducted on the Website, or (iii) circumvent any measures that Expert Shipping may use to prevent or restrict access to the Website or the Expert Shipping Services.
7.3. Customer Property All documents you provide under any of them are considered "Customer Property" for the purposes of the Agreement. You hereby grant Expert Shipping a non-exclusive license to the client's property only to the extent necessary to provide the services. No other license, express or implied, under any intellectual property right is granted by you to Expert Shipping under these terms of service.
8.2. ExclusionThe information that is subject to one of the exclusions below is not confidential information. The exclusions include the following: (a) non-transactional confidential information (as defined below), (b) information that is publicly known at the time of disclosure, (c) information received by the Recipient without restriction from a third party, (d) information published or otherwise made public by the Discloser, (e) information that was independently generated without reference to the Discloser's confidential information, (f)information that is required to be disclosed pursuant to a court order or in accordance with any applicable governmental rules, regulations or laws, provided that the recipient informs the discloser in writing in advance of such disclosure (as permitted by law) and the response time indicated in the request.
8.3 Non-transactional Confidential InformationAside from information about transactions that are absolutely necessary for ExpertShipping to provide or use the services, Expert Shipping does not require or desire any of your proprietary information ("Non-transactional Confidential Information"). You agree not to provide Expert Shipping with any Non-Transactional Confidential Information, including, but not limited to, prototypes of new products, without the prior written consent of Expert Shipping, and in the event that you send such Non-Transactional Confidential Information to Expert Shipping without the prior written consent of Expert Shipping, then Expert Shipping shall not be obligated to treat such information as Confidential Information.
8.4. Standard of Care The Recipient shall not use the Confidential Information for any purpose other than as required by these Terms of Service. The Recipient shall not disclose the Confidential Information to any third party except as necessary for the performance of the Services. The Recipient shall use the Discloser's Confidential Information with at least the same level of care as it uses for its own Confidential Information, but in no case with less than reasonable care. Either party acknowledges that breach of this provision would result in irreparable harm to the other party, for which monetary damages would be an insufficient remedy, and therefore the other party shall be entitled to seek injunctive relief to enforce the provisions of this section.
8.5. Return or Destruction Other than transactional information that is retained in the normal course of Expert Shipping's business, each party shall either promptly return all Confidential Information or confirm that such Confidential Information has been promptly destroyed upon receipt of a written request from the other party.
8.6. Utilisation agrégéeSous réserve des conditions de service ci-incluses, vous reconnaissez et acceptez par la présente qu’Expert Shipping puisse compiler des résultats agrégés de l’ensemble ou d’une sélectiondevotreutilisationdesservices,àconditionqu’ExpertShippingnedivulgue aucune information qui permettrait de vous identifier individuellement (“Informationsagrégées”).Cesinformationsagrégéesserontconsidéréescommedes informations confidentielles d’Expert Shipping. Vous acceptez également par la présente qu’Expert Shipping puisse examiner et utiliser votre utilisation individuelle desservicesafindevousfournirdesservices,d’évaluerlafournituredesservicespar Expert Shipping et d’améliorer les offres de services d’ExpertShipping.
You agree to indemnify and hold harmless Expert Shipping, our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in connection with your use of the Services and/or your violation of the Terms of Service. By using our services, you agree to indemnify and hold Expert Shipping harmless from and against any and all claims regarding transportation, storage, handling and other charges relating to the goods in connection with the shipment, including undercharges, rail demurrage, truck/intermodal detention and other charges of any kind, whether or not Expert Shipping accepts this order.
10.1. In its current state Expert Shipping endeavours to provide the services in accordance with these terms of service. ExpertShipping and Expert Shipping's suppliers expressly disclaim all warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement for the services, the website and any third party services. Your use of the Services, the Website or any Third Party Services is at your own risk.
10.2. No Continuous Access Expert Shipping does not guarantee continuous, uninterrupted or secure access to the Services. The operation of the Services may be disrupted by numerous factors beyond our control. Expert Shipping will make reasonable efforts to process requests to receive or ship goods in a timely manner, but Expert Shipping makes no representations or warranties regarding the time required to complete processing, as our services depend on many factors beyond our control, such as delays caused by third parties. Expert Shipping is not responsible for any direct, indirect, incidental or consequential damages, loss of profit, loss of customers, loss of use or loss of data resulting from our inability to provide the service, and we reserve the sole right to discontinue the website and our services, including all features of the website, at any time with or without notice.
10.3. OtherYou understand that Expert Shipping does not inspect your goods and that Expert Shipping assumes no responsibility for the business decisions you make and implement through the Services. You acknowledge that Expert Shippings is neither the merchant of record, nor the importer of record, nor the owner of any product shipped by you through ExpertShipping.
11.1. Third Party LiabilityBy agreeing to the Terms of Service, you acknowledge and agree that we shall not be liable for the acts, errors or omissions (including, without limitation, any negligence or willful misconduct) of any third party service provider with whom you or any of your affiliates may contract for any purpose.
11.2. Waiver of Indirect Damages and Limitation of LiabilityIn no event shall Expert Shipping be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage to shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising out of your access to or use of the Website, any Content or third party websites and content. Except as set out below, in no event shall Expert Shipping's liability under this Agreement exceed the amounts paid or payable by you to Expert Shipping for the applicable services, excluding carrier's fees or other third party charges ("Damage Cap"). In the event of an unauthorized transaction by an employee or agent of Expert Shipping, Expert Shipping is solely responsible for the Damage Limit. ExpertShipping must be notified within five (5) days of any unauthorized transaction or you agree to waive any damages on the part of ExpertShipping.
11.3 Declaration and Accurate InformationYou are required to provide complete and accurate information regarding the Shipment, including, but not limited to, the item category and value of the Shipment. You are responsible for any errors, damages, expenses or consequences resulting from erroneous or incomplete information provided to us. You shall further indemnify and hold Expert Shipping harmless from any loss or expense resulting from any inaccurate information provided by you to us. Expert Shipping will not be liable for loss or damage in the event that any item contained in the shipment is incorrectly declared. In addition, Expert Shipping is not responsible for any damages, losses due to customs practices. Expert Shipping is not responsible for the accuracy and truthfulness of the information provided by you.
11.4. Import Taxes and DutiesWhen you generate a shipment using a shipping label in the Expert Shipping Courier account, you have the option to choose between a DDU shipment or a DDP shipment. In the case of a DDU shipment, you choose not to pay in advance the taxes and duties related to the shipment in the destination country, which will be charged to the recipient accordingly. By using the DDU Shipment, Users acknowledge that any local customs duties, import taxes, import duties, last mile delivery charges or, in general, any additional charges relating to the Shipment ("Taxes and Duties"), will be borne solely by the Recipient. Expert Shipping is not responsible for any discrepancies between Expert Shipping's shipping charges and local charges, or additional delivery charges charged to the consignee. If you generate a shipment using an ExpertShippingCourier account, and you wish to avoid additional charges to the recipient, you may use the DDP shipment, in which you agree to pay the taxes and duties for the recipient country in advance at the time you purchase the shipping labels. Expert Shipping will provide you with an estimate of taxes and duties prior to each shipment for your reference ("Estimate"). For DDU shipments, this Estimate is for reference purposes only and the shipment may be subject to additional charges depending on local customary practices in the destination country. For DDU Shipments generated using an Expert Shipping courier account, ExpertShippinggarantees that this Estimate will be binding and that the taxes and duties payable by the User will not exceed the Estimate provided by Expert Shipping. Users are not responsible for any discrepancy between Expert Shipping's shipping charges and local charges, or additional shipping charges, provided that all shipping information submitted to Expert Shipping by the User is complete and accurate. Expert Shipping reserves the right to charge the user using DDP Shipments additional fees for excessive taxes and duties resulting from incomplete and/or inaccurate information provided by the user and used to calculate the quotation. In the event that a shipment is generated using a user email account, ExpertShipp is not responsible for taxes and duties, neither for DDU shipments nor for DDP Shipments.
11.5. ExpertShipp Customs is not responsible for loss, delay or damage to items shipped while in the hands of a local custom, nor will Expert Shipping be liable in the event that local custom confiscates, withholds or refuses delivery of the consignment to the consignee.
11.6 The service provided by ExpertShipping Mail is a technological platform that limits the relationship between senders and couriers. In no event shall ExpertShipping Mail be responsible for the services or information provided by a courier, in the case of mail generated using an ExpertShipping Mail account or a user mail account. In no event shall Expert Shipping be liable or responsible for any damage, destruction, loss, delay in delivery of the shipment, failure of handling in shipments to couriers, failure or delay in collection of the shipment by the courier, or any tracking problems, For any Courier, also ExpertShipp is not liable for the acts, errors or omissions (including, without limitation, any negligence or willful misconduct) of any third party service provider (including, without limitation, any delay, error or failure to collect by the Courier). Expert Shipping is not responsible for the delivery time information contained on the website. For Users' courier accounts, Expert Shipping is not responsible for the accuracy or validity of charges, and the User is responsible for the delivery of shipments to the courier. In addition, Expert Shipping connects warehousing service providers with potential customers. You acknowledge and agree that we assume no liability for the acts, errors or omissions (including, without limitation, any negligence or willful misconduct) of any third party service provider with whom you or any of your affiliates may contract for any purpose.
11.7 Other ExpertShipp is not responsible for any costs, expenses, resulting from a change of information by you (e.g. change of address, cancellation of order, or reorder), after a shipment has been confirmed and paid for by Expert Shipping. Expert Shipping is not responsible for any delay in the production of shipping documents.
11.8. The User's e-mail accountThe User is responsible for providing accurate and accurate information for the User's e-mail account that the User wishes to use with Expert Shipping and the User acknowledges and certifies that it is the rightful owner of the User's e-mail account. Expert Shipping is not responsible for any failure to log into a user's email account, failure to generate shipping labels or any other shipping documents, inaccuracies in tracking information, discrepancies between shipping costs or charges displayed by Expert Shipping and charged by Courier, generating inaccurate charges, or any other charges charged by Courier to the owner of the user's email accounts, or displayed on ExpertShipping.
You have the right to cancel your account at any time by sending a cancellation request to email@example.com . Subject to early termination as provided below, Expert Shipping may terminate your account and these Terms of Service at any time by sending thirty (30) days notice to the administrative email address associated with your account. In addition to all other remedies available to us, Expert Shipping may also terminate these Terms of Service on thirty (30) days notice (or ten (10) days notice in case of non-payment) if you fail to comply with the Terms of Service or the terms of these Terms of Service. In addition, Expert Shipping reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof). Except as provided above, upon termination of your account, Expert Shipping may store all of your content on the Services (if any), or it may be permanently deleted by Expert Shipping in its sole discretion. Expert Shipping will refund the balance within ninety (90) days. (90) jours.
Please note that although disagreements sometimes arise, Expert Shipping wishes to deal with any complaints with the services proactively. Please register a support case for resolution, you can send an email to firstname.lastname@example.org If you feel that an escalation is necessary, please send a mail here email@example.com about your ecasolution and your concern. For the sake of clarity, this does not exempt you from the notification requirement set out below.
15.1. Severability If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it valid and enforceable, and the other provisions of these Terms of Service shall remain in full force and effect in accordance with their Terms of Service.
15.2. No WaiverThe failure or delay of Expert Shipping to exercise any right or power under these Terms of Service shall not constitute a waiver of such right or power, and no single or partial exercise of a right or power shall preclude any other future exercise of such right or power.
15.3. Notices You agree that Expert Shipping may provide you with notice by posting it on our website, by sending it by email to the email address indicated in your account, by displaying a notice when you log in to your account, or by sending it by mail to the postal address indicated in your account. Any such notice will be deemed to be received, read and understood by you within 24 hours of being posted on our website or emailed to the email address listed in your account. If the notice is sent by mail, it will be deemed to have been read and understood by you within 24 hours of delivery. Expert Shipping reserves the right to terminate your account if you withdraw your consent to receive electronic communications.
15.4. AssignmentYou may not transfer or assign any of your rights or obligations under this Agreement without the prior written consent of Expert Shipping and any attempted assignment without such consent will be void. Expert Shipping reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this section, these Terms of Service are binding upon and shall enure to the benefit of the successors and assigns of the parties.
15.5. Fees and Attorneys' Fees Expert Shipping is entitled to collect from you its reasonable costs and necessary disbursements and attorneys' fees incurred in the application of these Terms of Service.
15.6. Force Majeure Expert Shipping is not responsible for delays or inability to perform the services caused by forces beyond the control of Expert Shipping, including, without limitation, force majeure or acts of third party service providers, including, without limitation, carriers and mailing systems.
When goods are ordered, in case of force majeure, war, terrorism, public enemies, seizure in court, strikes, lockouts, riots and civil unrest, or for any other reason beyond the control of Expert Shipping, or due to the loss or destruction of goods for which Expert Shipping is not responsible, or due to any other excuse provided by law, Expert Shipping will not be liable for failure to comply with these instructions.