A. Ezipizee Shipping
You must read, agree with and accept all of the terms and conditions contained in these Shipping Terms before you begin to use Ezipizee Shipping.
You agree to use Ezipizee Shipping in accordance with all procedures that may be provided to you by Ezipizee from time to time. If you do not agree with these procedures then you should not use Ezipizee Shipping.
Ezipizee Shipping works with shipping service providers on your behalf, so you do not need to create Carrier accounts to use Ezipizee Shipping.
B. Your Responsibilities
Ezipizee 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. Ezipizee is not responsible for picking up, transporting, delivering or otherwise dealing with your shipment.
You are responsible for compliance with all local and international shipping and customs regulations.
Use of Ezpizee Shipping must be associated with Ezpizee 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 Ezpizee Shipping, use Ezpizee Shipping, or access Ezpizee Shipping without the express written permission of Ezpizee. You may not use Ezpizee Shipping for any illegal or unauthorized purpose. You may not, in the use of Ezpizee Shipping, violate any laws in your jurisdiction or the laws of Canada or the Province of Quebec or the laws of the Kingdom of Cambodia.
Ezpizee 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 Ezpizee Shipping and are charged to Ezpizee by any competent authority, you agree to reimburse Ezpizee fully in respect of the same within 7 days of our demand.
EZPIZEE PROVIDES ACCESS TO EZPIZEE SHIPPING ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Ezpizee MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING EZPIZEE SHIPPING. EZPIZEE 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. EZPIZEE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF EZPIZEE 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 Ezpizee SHIPPING. IN NO EVENT SHALL EZPIZEE'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR EZPIZEE SHIPPING.
You agree to indemnify and hold Ezpizee and (as applicable) our parent, subsidiaries, affiliates, Ezpizee 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 Ezpizee 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 Ezpizee Shipping.
Any use by you of Ezpizee Shipping is entirely at your own risk and discretion.
You agree that you will pay the applicable fees for all purchases completed through Ezpizee Shipping (the “Fees”). All Fees will be added to your next Ezpizee Shipping invoice. You are responsible for any applicable Taxes (as defined in the Ezpizee Terms of Service) associated with the Fees.
Ezpizee will, from time to time, charge your credit card for the aggregate Fees you have incurred on Ezpizee 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 Ezpizee Shipping, including Labels, until such Fees are paid.
You authorize Ezpizee to charge your credit card currently used to pay for your Account for any Fees incurred in relation to Ezpizee 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 Ezpizee 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 Ezpizee Shipping will be applied to your Account and may only be applied to the purchase of other services or postage through Ezpizee Shipping.
For Labels purchased through Ezpizee Shipping, 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 Ezpizee administration console.
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.
D. General Terms
Ezpizee reserves the right to modify, suspend or terminate Ezpizee Shipping or your ability to use Ezpizee 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 Quebec 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 Quebec 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 Ezpizee may amend these Shipping Terms at any time by posting the relevant amended and restated Shipping Terms at https://www.ezpizee.com/en/company/legal/shipping-terms.html, and such amendments to the Shipping Terms are effective as of the date of posting. Your continued use of Ezpizee 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 Ezpizee 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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