A. Shopify Shipping
You must read, agree with and accept all of the terms and conditions contained in these Shipping Terms before you begin to use Shopify Shipping.
You agree to use Shopify Shipping 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 should not use Shopify Shipping.
Shopify Shipping allows you access to purchase United States Postal Service (“USPS”) postage, UPS Market Driver, Inc. (“UPS”) services and DHL Express (USA), Inc. (“DHL” and each of USPS, UPS and DHL a “Carrier” and together the “Carriers”) services to assist you with fulfilment for your Shopify orders. You do not need to create Carrier accounts to use Shopify Shipping.
B. Your Responsibilities
Shopify serves only as an intermediary between you and the applicable Carrier, allowing you to purchase services, postage and to 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.
Your use of USPS postage is subject to, and you are responsible for compliance with, all applicable USPS rules. See Shipping Restrictions for more information about what you are and are not permitted to ship through USPS, and Mailing Standards for packaging and labelling requirements.
If you use USPS postage, Shopify will share information concerning the shipment with USPS and such information is subject to the following USPS privacy provision:
Privacy Act Statement: Your information will be used to facilitate the purchase of U.S. Postal Service (USPS) postage and fulfill transactional reporting requirements for USPS postage systems. Collection is authorized by 39 U.S.C. 401, 403, and 404. Providing the information is voluntary, but if not provided, your transaction may not be processed. USPS does not disclose your information to third parties without your consent, except to facilitate the transaction, to act on your behalf or request, or as legally required. This includes the following limited circumstances: to a congressional office on your behalf; to financial entities regarding financial transaction issues; to a USPS auditor; to entities, including law enforcement, as required by law or in legal proceedings; and to contractors and other entities aiding us to fulfill the service (service providers). For more information regarding our privacy policies, visit www.usps.com/privacypolicy.
Your use of DHL shipping is subject to, and you are responsible for compliance with, all applicable DHL rules. See DHL’s Terms and Conditions of Carriage for the terms and conditions governing your shipment with DHL.
Your use of UPS shipping is subject to, and you are responsible for compliance with, all applicable UPS rules. See the UPS Tariff/Terms and Conditions of Service - United States as well as the UPS Technology Agreement for the terms and conditions governing your shipment with UPS.
You are responsible for compliance with all local and international shipping and customs regulations.
Shipping insurance purchased through Shopify Shipping is administered by Shipsurance Insurance Services, Inc. and provided by Voyager Indemnity Insurance. All shipping insurance purchased through Shopify Shipping is subject to Shipsurance’s Coverage Rules for the Shopify Shipping Insurance Program. An insurance claim may be submitted through your Shopify admin. All insurance claims are determined by Shipsurance, please contact them with respect to any filed claim.
Shopify is not a licensed insurance producer. Depending on your location, Shopify may receive compensation from Shipsurance in exchange for making the option to purchase parcel insurance available to you. Shopify's compensation is not dependent upon whether or not you elect to purchase insurance
Use of Shopify Shipping 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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Shopify Shipping, use Shopify Shipping, or access Shopify Shipping without the express written permission of Shopify. You may not use Shopify Shipping for any illegal or unauthorized purpose. You may not, in the use of Shopify Shipping, violate any laws in your jurisdiction or the laws of Canada or the Province of Ontario.
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 Shopify Shipping 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.
SHOPIFY PROVIDES ACCESS TO SHOPIFY SHIPPING 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 SHOPIFY SHIPPING. 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 SHOPIFY SHIPPING, 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 INTANGIBLE LOSSES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SHOPIFY SHIPPING. IN NO EVENT SHALL SHOPIFY'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR SHOPIFY SHIPPING.
You agree to indemnify and hold Shopify 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 any unauthorized use of Shopify Shipping, your breach of these 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 Shopify Shipping.
Any use by you of Shopify Shipping 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 the USPS, UPS and DHL.
C. UPS Carrier Account
Certain Shopify subscription plans allow you to connect your own UPS account with Shopify Shipping to offer your negotiated UPS rates and purchase labels using your own UPS rates in Shopify Shipping (“Your UPS Carrier Account”). If you add a UPS Carrier Account to Shopify Shipping, all fees, credits, refunds and charges using Your UPS Carrier Account will be between yourself and UPS. You are responsible to UPS for all purchases made using Your UPS Carrier Account. Rates surfaced in checkout and for label purchases when you use Your UPS Carrier Account are estimates only and may not accurately reflect the rates that you have obtained from UPS. Shopify is not responsible for the accuracy of rates at checkout or for label purchases where you use Your UPS Carrier Account. Shopify can assist in connecting Your UPS Carrier Account with Shopify Shipping, but Shopify is not responsible for support requirements that relate to Your UPS Carrier Account, please contact UPS if you have any questions or issues with Your USP Carrier Account.
You agree that you will pay the applicable fees for all purchases (other than those made through Your UPS Carrier Account which will be billed directly by UPS) completed through Shopify Shipping (the “Fees”). All Fees will be added to your next Shopify Shipping invoice. You are responsible for any applicable Taxes (as defined in the Shopify Terms of Service) associated with the Fees.
Shopify will, from time to time, charge your credit card for the aggregate Fees you have incurred on Shopify Shipping. 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 purchase any postage or services through Shopify Shipping, including Labels, until such Fees are paid.
You authorize Shopify to charge your credit card currently used to pay for your Account for any Fees incurred in relation to Shopify Shipping, in accordance with these 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.
Any Fee refunds for unused Labels must be requested from within the associated order within thirty days after Label creation. Any credits or refunds applicable to Shopify Shipping (other than through Your UPS Carrier Account) will be applied to your Account and may only be applied to the purchase of other services or postage through Shopify Shipping.
For Labels purchased through Shopify Shipping (other than through Your UPS Carrier Account), the associated shipment may be audited by the applicable Carrier for weight, dimensions, mail class, package type and Zip or Postal Code. If an audit reveals that the Label you’ve purchased does not accurately reflect, additional Fees or credits may be applied to your Account. You will be able to review any adjustments on the Orders and Invoices pages of your Shopify administration console (not applicable to adjustments on Your UPS Carrier Account).
If a shipment is determined to be undeliverable by a Carrier you may be contacted by email to determine whether to have the shipment returned or abandoned. You are responsible for all Fees associated with returned or abandoned shipments, regardless of whether you have approved the return or abandonment of the shipment.
E. General Terms
Shopify reserves the right to modify, suspend or terminate Shopify Shipping or your ability to use Shopify Shipping at any time, for any reason, either with or without notice to you.
These 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 Shipping Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Shipping Terms and is hereby expressly excluded.
You acknowledge and agree that Shopify may amend these Shipping Terms at any time by posting the relevant amended and restated Shipping Terms at https://www.shopify.com/legal/terms-shipping-us, and such amendments to the Shipping Terms are effective as of the date of posting. Your continued use of Shopify Shipping after the amended Shipping Terms are posted constitutes your agreement to, and acceptance of, the amended Shipping Terms. If you do not agree to any changes to the Shipping Terms, do not continue to use the Shipping Service.
The failure of Shopify to exercise or enforce any right or provision of these Shipping Terms shall not constitute a waiver of such right or provision.
If a court finds any portion of these Shipping Terms to be unenforceable or invalid, that portion of the Shipping Terms will be enforced to the fullest extent permitted by applicable law and the remainder of the Shipping Terms will remain valid and enforceable.
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