Shopify Canadian Shipping Terms of Service

By using the Canadian shipping services (the “Canadian Shipping Services”) offered by Shopify Inc. (“Shopify”) you are agreeing to be bound by the following terms and conditions (“Canadian Shipping Terms”), which are in addition to the Shopify Terms of Service and the Privacy Policy. These Canadian Shipping Terms are for merchants located in Canada. If you are located in another jurisdiction, check the Shopify Terms of Service for the shipping terms that apply to you. Any new features or tools which are added to the current Canadian Shipping Services shall also be subject to these Canadian Shipping Terms. Shopify reserves the right to update and change the Canadian Shipping Terms by posting updates and changes. You can review the current version of the Canadian Shipping Terms at any time at https://www.shopify.ca/legal/terms-shipping-ca. You are advised to check the Canadian Shipping Terms from time to time for any updates or changes that may impact you.

A. Shipping Services

  1. You must read, agree with and accept all of the terms and conditions contained in these Canadian Shipping Terms before you begin to use the Canadian Shipping Services.

  2. You agree to use the Canadian Shipping Services in accordance with all procedures that may be provided to you by Shopify from time to time. If you do not agree with these procedures, then you are not permitted to use the Canadian Shipping Services.

  3. The Canadian Shipping Services allows you access to purchase Canada Post Corporation (“Canada Post”) postage to assist you with fulfilment for your Shopify orders.

B. Your Responsibilities

Shopify serves only as an intermediary between you and Canada Post, allowing you to purchase postage and print shipping labels (“Labels”). You are responsible for shipping to your customers. Shopify is not responsible for picking up, transporting, delivering or otherwise dealing with your shipment.

  1. Your use of Canada Post postage is subject to, and you are responsible for compliance with, all applicable Canada Post rules. See the Canada Post Parcel Services Customer Guide (the “Parcel Customer Guide”) for more information about what you are and are not permitted to ship through Canada Post, as well as packaging and labelling requirements. See the Canada Post Website Terms of Use for the applicable rules on using the Canada Post Website (the “Website Terms” and together with the Parcel Customer Guide, the “Canada Post Terms”). For greater certainty, use of the Canadian Shipping Services does not mean you are enrolled in Canada Post’s Solutions For Small Business program, which is a separate and distinct program offered by Canada Post.

  2. You are responsible for compliance with all local and international shipping and customs regulations.

  3. All Canadian Shipping Services used must be associated with Shopify orders. Labels may not be transferred or sold to a third party. You are permitted to charge or pass through your shipping costs to your customers at your discretion.

  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Canadian Shipping Service, use of the Canadian Shipping Service, or access to the Canadian Shipping Service without the express written permission by Shopify.

  5. You may not use the Canadian Shipping Services for any illegal or unauthorized purpose. You may not, in the use of the Canadian Shipping Services, violate any laws in your jurisdiction or the laws of Canada or the Province of Ontario.

  6. Shopify will not be responsible for any local customs charges, import taxes or duties or any similar charges related to your shipments. You must figure out whether any of these charges will become due, and arrange for their payment. If any such charges become due as a result of your use of the Canadian Shipping Services and are charged to Shopify by any competent authority, you agree to reimburse Shopify fully in respect of the same within 7 days of our demand.

  7. SHOPIFY PROVIDES ACCESS TO CANADIAN SHIPPING SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPIFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CANADIAN SHIPPING SERVICES. SHOPIFY DISCLAIMS ALL CONDITIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SHOPIFY SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF CANADIAN SHIPPING SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OF ANY KIND, (INCLUDING LOSS OR DAMAGE TO GOODS SHIPPED USING THE CANADIAN SHIPPING SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CANADIAN SHIPPING SERVICES. IN NO EVENT SHALL SHOPIFY'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE CANADIAN SHIPPING SERVICES FOR THE GOODS TO WHICH YOUR CLAIM RELATES.

  8. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Shopify partners, officers, directors, agents, and employees, harmless from any liability, expense, loss, claim or demand, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Canadian Shipping Service, including any fees applicable to your purchase of Labels from the Postage Service, your breach of the Canada Post Terms, your breach of these Canadian Shipping Terms or the documents it incorporates by reference, your violation of any law or the rights of a third party, any data uploaded by you or on your behalf, or any of your actions or omissions related to the Canadian Shipping Services.

  9. Any use by you of Canadian Shipping Service is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which shipping services are provided by Canada Post:

C. Fees

  1. When you review the Canadian Shipping Services you will be shown the prices associated with a variety of shipping options. When you select your options and click “Buy label and fulfill items” the amount associated with your options (the “Fees”) will be added to your next Canadian Shipping Services invoice.

  2. Shopify will, from time to time, charge your credit card for the aggregate Fees you have incurred for the Canadian Shipping Services. If your credit card payment is declined or if we are otherwise not able to collect payment from you for the invoiced Fees, you will not be able to create new Labels until such Fees are paid.

  3. You authorize Shopify to charge your credit card currently used to pay for your Account for any Canadian Shipping Services you purchase, in accordance with these Canadian Shipping Terms. You will be responsible for payment in the event your credit card is declined or we are otherwise unable to collect payment from you. An invoice will appear on the Account page of your Shopify administration console. Users have approximately two weeks to bring up and settle any issues with the billing.

  4. Any Fee refunds for unused Labels must be requested from within the associated order within thirty days after Label creation.

D. General Terms

  1. Shopify reserves the right to modify, suspend or terminate the Canadian Shipping Service or your ability to use the Canadian Shipping Service at any time, for any reason, either with or without notice to you.

  2. You acknowledge and agree that your use of the Canadian Shipping Service, including information transmitted to or stored by Shopify, is governed by Shopify’s privacy policy at https://www.shopify.com/legal/privacy.

  3. These Canadian Shipping Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with these Canadian Shipping Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Canadian Shipping Terms and is hereby expressly excluded.

  4. You acknowledge and agree that Shopify may amend these Canadian Shipping Terms at any time by posting the relevant amended and restated Canadian Shipping Terms at https://www.shopify.ca/legal/terms-shipping-ca, and such amendments to the Canadian Shipping Terms are effective as of the date of posting. Your continued use of the Canadian Shipping Service after the amended Canadian Shipping Terms are posted constitutes your agreement to, and acceptance of, the amended Canadian Shipping Terms. If you do not agree to any changes to the Canadian Shipping Terms, do not continue to use the Canadian Shipping Service.

  5. The failure of Shopify to exercise or enforce any right or provision of these Canadian Shipping Terms shall not constitute a waiver of such right or provision.

  6. If a court finds any portion of these Canadian Shipping Terms to be unenforceable or invalid, that portion of the Canadian Shipping Terms will be enforced to the fullest extent permitted by applicable law and the remainder of the Canadian Shipping Terms will remain valid and enforceable.

Questions about these Canadian Shipping Terms should be sent to shipping-support@shopify.com.

Shopify Inc.
150 Elgin Street, Suite 800
Ottawa, ON K2P 1L4
Canada

Last updated on: August 2, 2016

© 2016 Shopify Inc.

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