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Terms Of Use

1. Application

These Terms of Use apply to any user of Netship's website, products or services, including but not limited to its subsidiaries, clients, suppliers, service providers, affiliates, agents, partners, employees, consultants and registered as well as non-registered users.

These Terms of Use apply to Netship's website only. We reserve the right to change these Terms of Use from time to time at our sole discretion. Your use of the website indicates your consent to the Terms of Use as posted. If you do not agree with such Terms, you need to immediately stop using this website and our products and/or services. NetShip reserves the right to terminate any account, link or partner program at any time in case of violation of these Terms of Use and NetShip's Privacy Policy, which is incorporated herein by reference.

2. General Disclaimer

While NetShip has made all efforts to ensure that the information contained in this website is accurate, NetShip is not responsible or liable for any errors, inaccuracies, omission, misuse or for the results obtained from the use of any data or information. All information and data on this website are provided "as is" and "as provided" with no guarantee of completeness, accuracy, timeliness or of results obtained from the use of this information.

This website contains information supplied by third parties, and also provides links to other sources of information. Such information is provided, or accessed, for the benefit of those utilizing our site. NetShip is not liable for any decision made or action taken in reliance on the information on third party websites to which we link or for any related loss, damage or claims of whatever nature for any direct, indirect, incidental or other damages whatsoever.

As a user of our website, products and services and that of our shipping partners, you hereby understand and agree that any acts committed by the shipper/consignee or any agent of such shipper/consignee shall be deemed to be the exclusive responsibility of the shipper/consignee and such acts cannot be used as a defense against NetShip for the non-payment of monies owed to NetShip for any services rendered.

3. Scope of Use

You are only authorised to view, use, copy for your records and download small portions of the content, layout and design of this website, or individual sections of it, for your informational, non-commercial use, provided that you leave all the copyright, trademark or other proprietary notices intact and that it not be done on a systematic basis so as to indirectly breach the terms of this section. You shall also not publish, licence, reverse engineer, create derivative works from, link to another website, use on other website, transfer, sell any information obtained from this website without the prior written permission of NetShip. Any breach of this section shall cause NetShip irreparable harm.

4. User Submissions and Communications; Public Areas

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy posted on our website, to which you are also bound, and which is incorporated herein by reference. You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post on our website; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify NetShip, its clients, partners, affiliates, agents and assigns for all claims resulting from content you supply. More specifically, you agree not to submit or transmit any e-mails or materials through the website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's prior written permission or (iv) otherwise violate any applicable laws. NetShip shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

If you make any submission to an area of the website accessed or accessible by the public or to any social media platform or third party link relating to the NetShip website, services or programs (“Public Area”), or if you submit any business information, idea, concept or invention to NetShip by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted NetShip a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. NetShip may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to NetShip by email. This section can be derogated from by the express written consent of NetShip, including but not limited to certain partnership agreements or other specific business relationships.

Users will be held directly and solely responsible for the content of messages that are posted in Public Areas. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum. Some of the Public Area forums on the website may not be moderated or reviewed. While not moderating the forums, the website reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or otherwise seem inappropriate.

NetShip has full discretion to delete messages. NetShip reserves the right (but is not obligated) to do any or all of the following:

(a) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(b) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use or the Privacy Policy.

(c) Terminate a person's or entity's access to any or all Public Areas and/or the NetShip website upon any breach of these Terms of Use.

(d) Monitor, edit, or disclose any communication in the Public Areas.

(e) Edit or delete any communication(s) posted on the NetShip website, regardless of whether such communication(s) violate these standards.

NetShip reserves the right to take any action it deems necessary to protect the personal safety and privacy of its subsidiaries, partners, suppliers, affiliates, employees, consultants, customers, users or the public. NetShip has no liability or responsibility to users of the NetShip website or any other person or entity for performance or non-performance of the aforementioned activities or rights.

5. Copyrights and Trademarks

The materials on this website, as well as its organisation and layout, are copyrighted and are protected by Canadian and international copyright laws, trademark laws and other intellectual property protections. Such materials are owned and controlled by NetShip or by other parties that have licensed their material to NetShip or otherwise provided their consent to NetShip to display, advertise, promote or otherwise make use of such material on the website. No right, title or interest in any of the materials contained on this website is transferred to you as a result of accessing, downloading or printing such materials.

Netship will immediately terminate the accounts of copyright or trademark offenders and other users who infringe upon the intellectual property rights of NetShip, its agents, partners or affiliates. If you believe that you have been the victim of such an offence related in any way to this website, you will find our contact information below.

6. Carrier Terms

By using this website and that of any of the carriers we link to, you agree to abide by all the terms and conditions relating to such carrier.

Clients acknowledge their obligation to disclose any active account with any of the carriers listed as partners of NetShip (Ex: see list below). Failure to disclose such relationship can result in an immediate termination of client's account. Such a decision will be made at NetShip’s sole discretion.

The links below are for your convenience only, we do not guarantee that they are the most recent version :

Federal Express Terms and Conditions
DHL Terms and Conditions
Canpar Terms and Conditions
UPS Terms and Conditions
You may not link to this website without NetShip's written permission. If you are interested in linking to this website, please contact us to inquire about the NetShip Partner Program and other available programs.

7. Users

This section only applies to registered users only. As part of the registration process, each user will create a user account and select a password. You shall provide NetShip with accurate, complete, and updated account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You may not:

(a) select or use a name and password of another person with the intent to impersonate that person;

(b) use a password that NetShip, in its sole discretion, deems inappropriate or offensive.

You shall notify NetShip of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at NetShip's sole discretion, and you may be reported to appropriate law enforcement agencies.

Once signed in, clients will fill out their order request. Payment for such order shall be made immediately via online transaction or seven (7) days after reception of an invoice from NetShip if terms payments were agreed between the parties in writing.

8. Actual Weights

Actual weights of the individual shipments will be based on the relevant carrier's formula for dimensional weights. If the dimensional weight exceeds the actual true weight, the carrier's calculation of the dimensional weight will always apply. If there is a discrepancy between the weight that the client originally entered and the carrier's dimensional weight, carrier's dimensional weight will always apply. In such cases, the client acknowledges that their credit card will be charged the difference between the actual weight and the dimensional weight once that data has been provided by the carrier in question. Users also acknowledge that they may not sign up for NetShip services if they already maintain an active account with any of our shipping partners listed on our website.

9. Shipping Partners

his section only applies to shipping partners only. NetShip's shipping partners are bound by the following criteria:

  • Each carrier shall be bound by the order form completed by our customers and submitted to them by us;
  • Each carrier shall be responsible for the content of packages being shipped;
  • Each carrier shall apply the same insurance coverage to the content of our customers' packages or related matter, as it would if it were doing business with such customers directly;
  • Each carrier shall provide our customers with the same range and type of services as it would if it were doing business directly with such customers, including but not limited to the option of payment by cash on delivery;
  • Each carrier shall be responsible to provide all necessary customs documentation as well as declaring and/or providing documentation when restricted and/or dangerous goods are being shipped.

The breach of any of the above-mentioned criteria will cause the shipping partner to be in breach of these Terms of Use and the contractual relationship with NetShip and shall be responsible to indemnify, defend and hold Netship and its clients harmless as per the terms of the indemnification section mentioned below. NetShip will also have the right to automatically terminate its relationship with such shipping partner, at its sole discretion, with no further liability while still being protected by the indemnification and limitation of liability provisions contained herein.

10. Refunds/Returns

NetShip is a broker facilitating booking courier services and offering volume discounts. For that reason, NetShip will not refund a client order once the package has been accepted by the courier. If you would like to discuss a refund, please contact us directly.

11. Spamming

NetShip respects all anti-spam laws and regulations. If you receive any email or other electronic communication from us, the name NetShip or Netship will always be clearly indicated. As a registered user or if you have signed up on our website to receive information from us, you have expressly accepted that emails or other commercial electronic messages be sent to you by us. You have the right to unsubscribe from our service at any time and free of charge, either by clicking on the unsubscribe option on the emails NetShip sends you or by contacting us directly and requesting to be unsubscribed.

Gathering email addresses from NetShip through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited.

If you have any questions regarding unwanted emails or other electronic communication from Netship, please contact us directly.

12. Disclaimers of Warranties and Limitations On Liability

IN ADDITION TO THE GENERAL DISCLAIMER SECTION, ABOVE MENTIONED, WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NETSHIP WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY OF ITS CONTENTS. NETSHIP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

FOR THE SAKE OF CLARITY, YOUR USE THE WEBSITE AND ANY INFORMATION CONTAINED THEREIN, IS AT YOUR OWN RISK. NETSHIP AND ITS SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES ("NETSHIP PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT DUE TO OR AS A RESULT OF NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE NETSHIP PARTIES' LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE BEING DISPUTED.

13. Indemnification

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS NETSHIP AND ITS CLIENTS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND ASSIGNS AS WELL AS THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND SUB-CONTRACTORS, AS APPLICABLE, AGAINST ALL CLAIMS, ACTION, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES, THAT MAY AT ANY TIME BE INCURRED BY REASON OF A VIRUS OR ANY OTHER DESTRUCTIVE FEATURE RESULTING FROM YOUR ACCESS TO, USE OF OR LINKAGE WITH THIS WEBSITE.

CARRIERS AND THEIR AGENTS SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS NETSHIP, ITS PARENTS AND SUBSIDIARIES, INCLUDING THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND ASSIGNS AS WELL AS ITS CLIENTS AGAINST ANY CLAIM BROUGHT BY A THIRD PARTY HAVING A BASIS IN CONTRACT, IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF THESE TERMS AND CONDITIONS AND NETSHIP'S PRIVACY POLICY, NEGLIGENCE, MISREPRESENTATION OR OTHER TYPE OF LIABILITY RESULTING FROM THEIR ACTS OR OMMISSIONS AS A CARRIER.

USERS AND THEIR AGENTS SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS NETSHIP, ITS PARENTS AND SUBSIDIARIES, INCLUDING THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND ASSIGNS AGAINST ANY CLAIM BROUGHT BY A THIRD PARTY HAVING A BASIS IN CONTRACT, IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF THESE TERMS AND CONDITIONS AND NETSHIP'S PRIVACY POLICY, NEGLIGENCE, MISREPRESENTATION OR OTHER TYPE OF LIABILITY RESULTING FROM THEIR ACTS OR OMMISSIONS AS A USER OF THIS WEBSITE, OUR PRODUCTS AND SERVICES. USERS SHALL ALSO BE BOUND BY ANY INDEMNIFICATION PROVISIONS SET OUT BY THE CARRIERS THEMSELVES.

14. Contact Information

f you have any questions or concerns regarding these Terms of Use please contact:

Email: support@netship.com
Telephone: 1.855.638.7447
Address:
903 Decarie Blvd
Suite 203
Saint-Laurent QC H4L 3M3

15. Miscellaneous

These Terms of Use as well as NetShip's Privacy Policy, which is incorporated herein by reference, contain the final and entire agreement between us regarding your use of our services (the “Agreement”) and supersedes all previous and contemporaneous oral or written agreements regarding your use of our services. The section headings used herein are for convenience only and shall be of no legal force or effect. The invalidity or nullity of any provision of these Terms of Use shall not affect the remaining provisions hereof, which shall continue to have full effect and shall be interpreted as if such invalid or void clause had never been written. The failure of any party to exercise any of its rights under these Terms of Use shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

We may discontinue or change the services or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.

You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or provincial court located in Montreal, Quebec, Canada. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

NetShip is a tradename used by 8326487 Canada Inc.