TERMS OF SERVICE

Effective as of: September 1st, 2018


Your continuous usage and access to our Services (as specified bellow) are subject to these Terms of Service or related documents. Please read these Terms of Service carefully, as it informs you on (a) The Website’s reserved rights, (b) Basic Usage guidelines in respect to User Conduct and (c) Reserved rights in cases of breach of these Terms of Service.


My Shipping Guru is owned and operated by My Shipping Guru Inc., with its premises located in Canada. For our full contact details, please see the end of these Terms of Service. You may contact us at any time with any questions in relation to these Terms of Service at (customer support e-mail). Your continuous usage of our Website indicates your agreement with our Terms of Service and Privacy Policy, as included herein. Some of the Terms stated herein may reference other documents, such as our Privacy Policy. Other terms may be incorporated in these Terms of Service by means of reference.

Our Service may use cookies. For more details on our Privacy Policy and Cookie Policy, please see our Privacy Policy.


References in these documents to:



  1. Eligibility

In order to use our Services, you must have full capacity to enter into legally binding contracts under applicable law and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You hereby warrant and represent that you are at least eighteen (18) years of age, or the age of majority in your respective jurisdiction, or are supervised by a parent or legal guardian while using our Services. We reserve the right to deny access to usage of our Services if you are not of sufficient age.


  1. Licensing Grant

For the purposes of visiting and using our Website, we hereby grant you a one-time, non-transferable, non-exclusive license to view and navigate through the Website’s content for the purpose of its usage in accordance to these Terms of Service. You will only use the Services for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You will ensure that the information you supply to us in connection with purchasing postage or otherwise ordering Courier services is complete and accurate. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that infringes applicable law provisions.



  1. User Account

Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some functionality of My Shipping Guru may be limited without having a registered account. Upon registration, some personal information may be required from you.


The personal information that may be required from you is your contact details (such as: name, e-mail address, shipping address, country/state, telephone number) and your billing details (such as, without limitation: the billing credentials as required by your preferred way of purchasing products from My Shipping Guru). You hereby warrant that the personal information you will provide will be up to date, accurate, complete, and non-fraudulent in nature. You will not select a User Identification (hereafter referred to: “User ID”), provided that such ID may be fraudulent, libelous, obscene or profane in nature, or use an ID that you don’t own the right, title and interest to use. Your User ID will not be construed to impersonate any person or legal entity without the former’s prior consent.


Your User Account, once created is for your own, personal use. You will not share or transfer your User Account details with a third party without our prior written permission. Your set password prevents unauthorized uses of your User Account. Please keep your User ID and password confidential and do not share the login information with anyone. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.


  1. Terms of Use

You hereby agree that you are going to use this Website and its content reasonably, and shall withhold of any action that may damage the performance or functionality of the Website. Owners of User Accounts will further withhold of causing any nuisance or taking any action in limiting other Users from using this Website’s offered products and services. The Content of this Website is protected under intellectual property laws. For more information, please see Section 9c of these Terms of Service.


Your User Account is intended for your own, personal use. Please keep your User Account credentials confidential, in order to prevent unwanted breaches. In cases of a security breach to your account, please notify us immediately.


You, as a User of our Website, will not engage in any unacceptable behaviour, namely:

      1. Harassment, threatening or intimidating another User,

      2. Transmitting any unlawful, threatening, abusive, offensive, defamatory or hateful text or voice communication or images and/or other material, any ethnically or racially objectionable material, or any material infringing intellectual property, privacy and/or publicity rights of any third party,

      3. Constitutes a breach of, or otherwise conflicts with, any Courier terms, rules, or policies, or your agreements with any Courier;

      4. Violates any law or regulation, including any applicable export control laws;

      5. Jeopardizes the security of your My Shipping Guru Inc. account or anyone else’s (such as allowing someone else to log in to the Services as you);

      6. Attempts, in any manner, to obtain the password, account, or other security information from any other user;

      7. Violates the security of any computer network, or cracks any passwords or security encryption codes;

      8. Runs Mail-list, List-serv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

      9. Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

      10. Copies or stores any significant portion of the Content;

      11. De-compiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

      12. Using obscene or offensive User Names, User Submission descriptions, Photo Descriptions, Photos, Multimedia, Comments etc.

      13. Posting any material with the intention to solicit other Users.


My Shipping Guru reserves the right to terminate a User’s access the Platform, if they turn out to be repeated infringers. My Shipping Guru may, in its sole discretion, initiate inquiries of abuse of misbehaviour of any user, whether by breaching the terms regarding content upload(s) or general behaviour terms explained above.


The reserved rights in case of violation of these terms include:

      1. Deletion of User submission or Upload

      2. Temporary or permanent bans on some functionalities of this Service

      3. Temporary or permanent bans from accessing My Shipping Guru’s Website

      4. Initiating legal proceedings against the individual or entity involved in penal behaviour against the functionality of this service under applicable law.

My Shipping Guru, in dealing with specific breaches of these provisions, does not exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behaviour.


Note that My Shipping Guru may disclose your personal information in the necessary range under applicable law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case My Shipping Guru needs to comply with the demands (namely formal requests) of appropriate State authorities.


  1. Our Services. Couriers.

Our Services allow you to find, compare, select and buy courier services for shipping goods and documents nationwide and internationally. You may use the Services to purchase postage from a third-party mail service or courier (hereafter referred to as: “Courier”) and we will provide you with the appropriate evidence of postage, for example a shipping label, to use with your shipments. The Service shall act as an intermediary between you and your selected Courier. We do not handle the transport or deliver any shipments and the Service is not a party to any agreement that you may stipulate or solemnize with a Courier for any of the actions that may be completed via any Courier on our Website.


When dealing with individual Couriers, other than the Terms of Service of My Shipping Guru, you hereby agree to be bound by the Courier’s Terms of Carriage and Terms of Service. The Following can be found here:



Terms of Service / Terms of Carriage

UPS

UPS Terms of Service

DHL

DHL Terms of Service

Purolator

Purolator Terms of Service

Loomis

Loomis Terms of Service


Please note that our Couriers’ Terms of Service and Terms of Carriage may be subject to periodical reviews and changes. We advise you to get acquainted with the contents of the Terms of Service and Terms of Carriage with your Chosen courier prior to proceeding with using their Carriage and related services. My Shipping Guru Inc. can in no way guarantee delivery, transit times or other aspect of the carriers service offering.


Any charges, service fees, fraudulent or intentional agreed to or committed by the shipper/client/consignee or any other party shall be deem responsible for any all costs associated with the shipment regardless of that client's intention. My Shipping Guru Inc. will provide refunds only in its sole and absolute discretion. Please note that reselling of My Shipping Guru’s services as provided on our Website is strictly forbidden and are secured by contractual penalty of a minimum of $1000 per label.


Usage of our services may be conditioned on additional charges charged by the Couriers in respect to your delivery. You agree to pay any additional charges charged by the courier companies in respect to the aforementioned. In some instances, a special handling charge may be billed in addition to the carrier charges.



  1. Content Policy

    1. User Submissions – in certain aspects of the Website functionality, you may have the possibility to include text and/or multimedia files in the form of user submissions, comments, posts, ratings etc. For the purposes of this subsection, these will be treated as “User Submissions”. User submissions are a type of content added by Users on the Website, as opposed to the content that is created and/or displayed by My Shipping Guru or any other authorized contributor. Upon sharing your User submission in any of the aforementioned ways, you retain all your ownership and proprietary rights to the content shared to the Website, but grant us a universal, perpetual, transferable, commercial, irrevocable and royalty-free license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such content in all media and distribution methods now known or hereafter devised. Upon sharing your user submissions to parts of the Website that are publicly available, you recognize and agree that such content will be visible to the World Wide Web or every user that may be browsing the My Shipping Guru Website with an internet connection. We reserve the right, but not the obligation to use any discretion rights as seen fit in regards to your user submission, provided that such submissions have been a material breach to this Agreement’s provisions, or are contrary to the set Usage Guidelines or for no apparent reason at all, with or without a prior notice. The Service reserves the right to exercise further preventive or other discretion rights, provided that you are a repeated offender, or that your user submission has greatly violated the Usage Guidelines, this Agreement’s goal or a broadly-recognized code of conduct on the Internet. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

    2. Our Content – The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. Our Service’s website further contains content posted, created by or licensed by My Shipping Guru or its licensors. We retain all rights, title and interest to any content which may be deemed as “Our Content”, as described above, namely to any copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to these Terms of Service, My Shipping Guru further grants you a personal, non-transferable, non-exclusive, limited, revocable and non-commercial license to access and view the content on the My Shipping Guru Website. Subject to these Terms of Service and Usage Guidelines, you agree to refrain from any usage of our content, if not explicitly agreed otherwise with the Service, in writing. In certain aspects of its functionality, the Website may allow for downloads, please read the licensing terms prior to possible unauthorized usage of these materials. Your download of any content provided on our Website is contingent on your acceptance of our license restrictions. Commercial use of any material downloaded from our Website is strictly forbidden for any type of commercial use, unless explicitly stated otherwise.

    3. Your Logo - While the Agreement is in force, My Shipping Guru Inc. may include your company logo and profile on any web site it maintains for customers of My Shipping Guru Inc.’s services. You consent to publication of your company’s name by My Shipping Guru Inc. as a My Shipping Guru Inc. customer.

    4. IP rights - My Shipping Guru, its logo, any products, services, names or slogans contained within the Service, corporate correspondence or any other space distinguishing the Service are registered trademarks of My Shipping Guru, and may not be copied, used or imitated, in whole or partially, without express written consent of the trademark or other intellectual property or copyright holder. Other trademarks, company names, logos or other intellectual property rights appearing on the service are the property of their respective owners or holders. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. The Service, its affiliates, suppliers, licensors and licensees own all right, title and interest, without exclusion to intellectual property rights appearing on the Service, corporate correspondence or any other space distinguishing the Service or its affiliates, suppliers, licensors and licensees. Except for those rights expressly granted within these Terms of Service, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent. Usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights.


  1. Third-Party links and connected Services

Our Website may contain links or connections to the authorized Couriers or other third-party websites and/or services that are not owned or operated by My Shipping Guru Inc. Please note that our display on or through the Services of delivery service options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of us by any such Courier or any affiliation between any such Courier and us. Our display of specific options does not suggest a recommendation by us of the Courier or its delivery options. We are not responsible for the accuracy or completeness of the information that you may receive from the third-party links, without exclusion to payment or delivery of goods or services by our Carriers, or any connected terms, contingencies, warranties or representations as presented by the individual Carriers. My Shipping Guru Inc. will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Courier or other third party or for any personal injuries, death, property damage, or other damages or expenses resulting in any manner from your interactions with any Courier.


You agree to abide by the terms or conditions of purchase imposed by any Courier with whom you elect to deal. The circumvention of a Courier’s rules is prohibited. The use of prohibited practices may result in the termination of your User Account in accordance to our Terms of Service’s reserved rights. This does not exclude the possibility of a Courier bringing up any civil and/or penal actions against you, or other means of prevention of your circumvention of the Courier’s Terms of Service and/or Carriage Terms, without limitation to: :cancellation of a service order, denied delivery, additional charges to your credit card, additional charges collected at the delivery or collection, or future invoicing.

Please note that prior to engaging into any activity with these third-party websites, such websites and services are governed by a separate set of Terms and Conditions and Privacy Policies. We may use some third-party services in order to help us provide you with better services. These Services include Advertisement and Analytics tools, that help us monetize your visits to our website, therefore lowering our service prices, as well as helping us determine the purposes for which Users visit our website and focal points of interest, so we could constantly deliver you with a smoother and more improved User Experience. My Shipping Guru Inc. has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, My Shipping Guru Inc. will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.


Publishing of any content or information through our communication protocols (whether publicly or privately transmitted through our Service) is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

If there is a dispute between participants on this site, or between users and Couriers or any other third party, you agree that My Shipping Guru Inc. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release My Shipping Guru Inc., its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.



  1. Orders and Payment. Invoicing.

Any purchase of any product(s) or service(s) through our Website is conditioned on your payment of the fees associated with the individual product(s) or service(s) you have chosen to purchase from our Service. Our standard pricing list shall be contained in our Terms of Service, or on our Website, and may be subjected to changes from time to time. We reserve the rights to change or modify the payment structure with a prior notice with a reasonable notice time.


You will be invoiced for each purchase of our services on My Shipping Guru. The invoice shall contain your orders and the applicable charges for each month arrears. For users with a higher order volume, My Shipping Guru may send invoices more often, or upon demand via our customer support e-mail. Upon receipt of your invoice, you hereby agree to pay My Shipping Guru Inc., and thereby authorize My Shipping Guru Inc. to charge the full invoice amount via the chosen payment method previously authorized by you. Provided that we are unable to charge the payment method you provide, you agree to pay all amounts due on your outstanding invoice(s) upon demand plus our late payment fee of 25% per annum, compounded daily not to exceed the rates applicable by law.

Payments are conditioned upon your input of current, non-misleading, complete and accurate payment and billing information for your User Account. You have the obligation to frequently update this payment and billing information without undue delay as of the moment of changes of your billing details. Changes to such information may be made through https://app.goMy Shipping Guru Inc..com/billing. Failure to properly update or enter your billing information may result in suspension or termination of your access to our provided services.



  1. Refund Policy. Customs, Taxes and other duty charges.


You may request a refund of unused postage through My Shipping Guru Inc., but such refunds are subject to the policies of the applicable Courier. If a Courier refuses to issue a refund, My Shipping Guru Inc. will not be responsible for refunding any postage amounts paid to such Courier. My Shipping Guru Inc. 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 7 days after the order date. Any postage or fee refund claims must be filed within 30 days after the postage or order has been created.

My Shipping Guru Inc. 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. If any such charges become due as a result of a carriage and/or delivery of a shipment on your behalf and are charged to us by any competent authority you agree to reimburse us fully in respect of the same within 7 days of our demand.


  1. Dangerous Goods

Any shipment of Dangerous good must be done by a customer service representative directly. Additional fees may apply. All correct paperwork and valid certificates are required.



  1. Continuity of our Service

    1. In the event that My Shipping Guru goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with My Shipping Guru). You will be notified via e-mail of any such change of ownership of your personal information. My Shipping Guru reserves the right to discontinue any portion of the whole service with or without previous notice.

    2. Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our General Terms of Service or Privacy Policy, we will notify you on this Web page, by e-mail, or by means of notice on our Home Page.

    3. We reserve the right to include, amend, change, modify or exclude any provided product(s) or service(s) from our Website at any time at sole discretion with or without previous notice. Any concluded orders for such discontinued product(s) or service(s) will be fulfilled and shall survive the exclusion until performed by the appropriate Carriers.

    4. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.


  1. Termination of User Account

    1. If you choose to Terminate your User Account with us, you may do so at any by contacting us at our Customer Support e-mail.

    2. My Shipping Guru may terminate your User Account, or suspend your access to the usage of the Services connected to your User Account, provided that you have infringed our Terms of Use, or have failed to fulfill the eligibility criteria. We reserve the right, but not the obligation to investigate your compliance with our Terms of Use and Eligibility criteria, by sole initiative or on a report from a User or Visitor of our Service. You will be obliged to immediately pay to us all of your outstanding unpaid invoices upon termination of your User Account. My Shipping Guru Inc. has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms

    3. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to deactivate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of My Shipping Guru Inc. If you have deactivated your account by mistake, contact us immediately at our Customer Support e-mail. We will try to help you recover your account information, but we cannot promise to recover or restore your User Account.


  1. Other Contract Provisions

    1. Jurisdiction - If any provision of this Policy is, or is to be found by an appropriate authority, unenforceable under Canada Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. The parties agree that the applicable and usable law of this Agreement is law of Canada. Subsequently to the aforementioned, courts and court instances of Canada under Canada Law on Civil Procedure shall be competent to resolve any disputes arising out of this Agreement. No terms set forth herein are constructed in any way or manner in order to limit or otherwise obstruct consumer protection rights. If any such clause exists by applicable law, it shall not affect the enforceability of the remainder of this document.

    2. Indemnification - You hereby agree to indemnify and hold My Shipping Guru, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the My Shipping Guru’s Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.

    3. Ascent - These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and My Shipping Guru.

    4. Disclaimer - My Shipping Guru’s website, content and services are all provided “as is”. My Shipping Guru does not unilaterally provide any express or implied terms, representations, warranties or conditions. My Shipping Guru, it’s employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that My Shipping Guru has willingly voided it’s limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that My Shipping Guru had been advised of the potential loss. My Shipping Guru does not take any responsibility for the unreasonable behaviour of visitors and/or third parties. Furthermore, My Shipping Guru does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. My Shipping Guru is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of My Shipping Guru’s ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by Canada Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with Canada Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety. We cannot, guarantee the success of such services as search appearances and criteria may differ, depending on the dominating search engines’ policies on appearances and placement of the search results. Our website creation and management platform helps you create your landing page, portfolio website or online store website, and sustaining its performance over the time period as defined in our offers.


  1. Contact Us

You may contact us in any of the manners you deem fit, as described below:

Your requests shall be assigned with a request order number, and may take some time to process, depending on the queue of requests before you. We may take up to 5 or more business days to process your request.