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Secureship's terms and conditions: Secureship Terms and Conditions (Effective June 20, 2011) 1. ACCEPTANCE OF TERMS AND CONDITIONS: By giving Secureship your shipment you agree to the "UPS® Canada terms and conditions of service" as well as the "Secureship terms and conditions of service" set out in this document (termed the “Secureship Terms and Conditions” or “the agreement”). In the case of a discrepancy between the two, the Secureship terms and conditions shall prevail. Agreements to vary the Secureship Terms and Conditions are only valid in writing. Secureship cannot agree to alter UPS’ terms & conditions. Any shipment provided to Secureship with instructions whether oral or written that conflict with either the Secureship Terms and Conditions or UPS® terms and conditions shall be null and void. 2. SERVICE: Secureship provides you with the ability to select a variety of carriers other than UPS®. When a carrier other than UPS® is selected, the terms and conditions of the selected carrier shall apply as well as Secureship's Terms and Conditions. In the case of a discrepancy between the two, the Secureship Terms and Conditions shall prevail. Agreements to vary the Secureship Terms and Conditions are only valid if they are in writing. Secureship cannot agree to alter the selected carrier’s terms & conditions. Any shipment provided to Secureship with instructions, whether oral or written, that conflict with either the Secureship Terms and Conditions or the selected carrier’s terms and conditions shall be null and void. 3. RESTRICTION OF ON-TIME GUARANTEE REFUND: The on-time money back guarantee offered by UPS®, FedEx®, DHL®, TNT®, Purolator® or any other carrier offered by Secureship is not available to you for any shipment that you send through Secureship. 4. EXTENT OF LIABILITY: The carrier selected by you or Secureship for transportation of your shipment, is liable to you within the fullest extent of their terms and conditions. All legal actions that may arise from your shipment must be brought against the carrier selected by you or Secureship. Secureship shall not be liable in any way for any damages whether direct, indirect, special, incidental or consequential, including but not limited to the following: Loss of profit or revenue incurred as a result of Secureship's acts or omissions including but not limited to gross negligence, neglect causing damage, loss, damage to the shipment, theft of the shipment, improper packaging, improper handling or delay of the shipment even if Secureship is advised in advance that such possibility exists. Secureship reserves the right in its sole discretion to deny and you agree not to permit any claim or action against Secureship, pertaining to any damage, loss of a shipment, associated costs, or financial penalties to the shipper, consignee or third party shipper. You agree to indemnify Secureship against any consequences of such claim or action and assume responsibility for any costs and expenses that Secureship endures in defending against the claim or action. 5. PAYMENT FOR SERVICES: By providing Secureship with a shipment, you agree to pay for the shipment in full within the applicable time period. All accounts with Secureship are "Net 14 Days" unless otherwise stated in writing. Overdue accounts will accrue interest at a rate of 0.4580% per week, calculated and compounded weekly on the delinquent amount (26.82% 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. You agree that we can charge all costs incurred by Secureship to collect overdue invoices. 6. RIGHT OF INSPECTION: Secureship reserves the right to open and/or inspect any shipment for any reason but is not obliged to do so. 7. REWEIGHING OF SHIPMENTS: Secureship reserves the right to reweigh any shipment. 8. REFUSAL OF PACKAGE: Secureship reserves the right to refuse any shipment which, in its’ sole opinion, does not comply with its terms and conditions of carriage or the UPS® terms and conditions of carriage or which may, by its nature, cause damage to, taint or soil any equipment owned, leased or operated by Secureship. Refusal may be based on a shipment being improperly packaged, wrapped or labeled. 9. RETURNED SHIPMENTS: You agree to be responsible for the cost of returning any shipment refused by the consignee or that cannot be delivered for any other reason.. You are also responsible for payment of any duties, taxes or fees as applicable. 10. FUEL SURCHARGE: Secureship reserves the right to apply a fuel surcharge to any and all shipments. The fuel surcharge shall be applies for such periods as Secureship determines necessary. Current details on the fuel surcharge are posted on the Secureship website at www.secureship.ca. 11. INTERUPTION OF SERVICE: Secureship shall not be held liable for any interruption of service caused by actions beyond Secureship's control. 12. INTERNATIONAL SHIPMENTS: You are responsible for all applicable international treaties, laws, regulations, or requirements of any country to, from, through or over which your shipment may be carried. You are responsible for any customs requirements, import laws and regulations of any country to, from, through or over which your shipment may be carried. You agree to furnish such information and complete such documents as are necessary to comply with such treaties, laws, regulations, orders or requirements. If the local law or other conditions exist that do not allow customs clearance by the carrier or requires a third party customs broker, you are responsible to provide an alternate customs broker at your own cost. Secureship and the carrier assume no liability to you or any other person due to your failure to comply with this provision. 13. ENFORCEMENT OF TERMS OR CONDITIONS: Any failure by us to enforce or apply a term or condition of the Secureship terms and conditions does not constitute a waiver of that term or condition, and does not otherwise impair Secureship to enforce or apply such term or condition. 14. SEVERABILITY: If any provision of these terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent of the invalid and/or unenforceable provision. 15. FUTURE CHANGES TO TERMS AND CONDITIONS: Secureship reserves the right to unilaterally modify, amend, change or supplement the Secureship terms and conditions without notice to you. Only an officer in the Legal Department of Secureship may authorize a supplement to, or modification, change or amendment of, the Secureship terms and conditions. No other agent or employee of Secureship, its affiliates or subsidiaries, nor any other person or party, is authorized to do so. 16. ENTIRE AGREEMENT: This document will serve as the entire agreement governing the relationship between yourself and Secureship. All other communications, whether verbal or in writing, are not to be considered, and do not form part of this agreement. The signing of this agreement by you renders all other negotiations and agreements between the parties null and void. 17. ENGLISH AS THE PREVAILING LANGUAGE: The sole language that this contract shall be interpreted in is the English language, regardless of the country or province that you reside in. 18. JURISDICTION: This agreement will be governed by the laws of the province of Ontario, Canada. By agreeing to this contract you are automatically submitting yourself to the jurisdiction of the courts of Ontario, situate in Ottawa, in the event that a dispute arises concerning, or that is related to, this agreement. 19. STORAGE OF PERSONAL INFORMATION: Secureship reserves the right to rely on and use services located outside of Canada to store any and all of your personal information supplied by you in association with this agreement. By entering into this agreement, you are consenting to the storage of your personal information outside of Canada. 20. ACKNOWLEDGMENT: By clicking “Register Now” and typing your initials into the box below, or by clicking “I Agree”, you acknowledge to have read, understood and agreed to be bound by the preceding Terms and Conditions. If you click “I Do Not Agree” then a contractual agreement will not be formed between the parties, and you will not be able to avail yourself of Secureship’s services.
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