Terms and Conditions

These Terms of Service govern your use of the website located at https://www.eshipper.com and any related services provided by eShipper.

By accessing https://www.eshipper.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by eShipper.

We, eShipper, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on February 25, 2025.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
• remove any copyright or other proprietary notations from any materials and software on this website;
• transfer the materials to another person or "mirror" the materials on any other server;
• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service eShipper provides;
• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use this website or its associated services in violation of any applicable laws or regulations;
• use this website in conjunction with sending unauthorised advertising or spam;
• harvest, collect, or gather user data without the user’s consent; or
• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Customer Responsibilities for Shipments

As an eShipper user, you agree to:

• Provide accurate and complete shipment details, including recipient name, address, package dimensions, and declared value.
• Ensure that all shipments comply with carrier regulations, including weight limits, labelling, and packaging requirements.
• Verify shipping restrictions for prohibited or hazardous goods before booking.
• Pay all applicable duties, taxes, and customs fees for international shipments.
• Track shipments using the carrier’s tracking system and notify eShipper of any service issues promptly.

Failure to comply with these responsibilities may result in additional fees, shipment delays, or service suspension.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to eShipper and are protected by applicable copyright and trademark law.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The licence you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the licence will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

Limitation of Liability

Our website and the materials on our website are provided on an "as is" basis. To the fullest extent permitted by law, eShipper makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other violations of rights.

In no event shall eShipper or its suppliers be liable for any consequential, indirect, incidental, punitive, or special damages, including but not limited to:

• Loss of business, revenue, profits, goodwill, opportunities, savings, or reputation
• Loss or corruption of data
• Inability to use our website or services

Even if eShipper or an authorized representative has been notified, orally or in writing, of the possibility of such damages, these limitations will still apply.

Dispute Resolution & Governing Law

1. Informal Resolution:
If a dispute arises between you and eShipper, we encourage you to first contact our support team at support@eshipper.com to seek a resolution before pursuing legal action.

2. Mediation & Arbitration:

• Any dispute, controversy, or claim arising out of or in connection with these Terms of Service shall first be referred to mediation in Ontario, Canada.
• If mediation fails, the dispute shall be exclusively settled by binding arbitration under the rules of the Arbitration Act (Ontario).
• The arbitration shall take place in Toronto, Ontario, Canada, and the proceedings shall be conducted in English.

3. Class Action Waiver:
You agree to waive the right to participate in class actions and instead resolve disputes on an individual basis.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. eShipper does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website or otherwise relating to such materials or on any resources linked to this website.

Third-Party Services & Liability

eShipper partners with third-party carriers, fulfilment providers, and payment processors to facilitate its logistics and shipping services. By using eShipper, you acknowledge and agree that:

• eShipper does not directly control third-party shipping carriers (e.g., FedEx, UPS, Canada Post, etc.) and cannot guarantee their performance, delivery times, or service quality.
• Any claims related to lost, damaged, or delayed shipments must be filed with eShipper who is responsible to take this up with the respective carrier, subject to their terms and policies.
• eShipper is not liable for any service disruptions, fees, errors, or failures caused by third-party vendors, including but not limited to:
  • Payment processing failures (e.g. credit card issuers).
  • Delays in customs clearance.
  • Carrier-imposed restrictions, surcharges, or penalties.

If you have concerns regarding third-party service providers, please contact our support team at support@eshipper.com.

Links

eShipper has not conducted a comprehensive review of all websites linked to our platform and therefore assumes no responsibility for the content contained within these external sites. The inclusion of any link does not constitute an endorsement, approval, or oversight by eShipper. Users access these linked websites at their own discretion, and we strongly recommend conducting independent due diligence regarding the suitability and security of these sites prior to engagement.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Customer Accounts & Security

• You are responsible for maintaining the confidentiality of your account login credentials.
• Any activity conducted through your account is your responsibility, including unauthorized transactions.
• eShipper reserves the right to suspend or terminate accounts found engaging in fraud, abuse, or unauthorized access.
• If you suspect unauthorized access to your account, you must notify us immediately at privacy@eshipper.com.

Compliance with Canadian Consumer Protection Laws

eShipper complies with applicable Canadian consumer protection laws, including the:

• Competition Act (Canada) – Prohibits misleading advertising and unfair trade practices.
• Consumer Protection Act (Ontario) – Protects consumer rights in contracts for services.
• Electronic Transactions Act – Recognizes the legal validity of electronic agreements.

If you believe your consumer rights have been violated, you may contact the Consumer Protection Ontario office at 1-800-889-9768.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Modifications to Terms & User Notifications

eShipper may update these Terms of Service at any time to reflect changes in regulations, technology, or business practices.

• Users will be notified of significant changes via email or a website notice.
• Continued use of our services after an update constitutes acceptance of the new Terms.

If you do not agree with the updated Terms, you must discontinue use of eShipper’s services immediately.

Force Majeure

eShipper shall not be held responsible for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to:

• Acts of God (e.g., natural disasters, earthquakes, hurricanes, floods).
• Government actions (e.g., regulatory changes, embargoes, customs restrictions).
• Labor strikes or supply chain disruptions.
• Cyberattacks, technical failures, or telecommunications breakdowns.
• Pandemics, epidemics, or other public health crises.

If a force majeure event affects eShipper’s ability to fulfill its obligations, we will:

1. Notify affected customers as soon as reasonably possible.
2. Take commercially reasonable steps to resume operations.

This clause does not excuse payment obligations for services already rendered.

Carrier Service Levels & Delivery Estimates

eShipper provides estimated delivery timeframes based on information from third-party carriers. However, you acknowledge that:

• Delivery times are estimates only and not guaranteed.
• Carriers may experience delays due to weather, customs processing, or operational disruptions.
• eShipper is not liable for any missed delivery deadlines, lost revenue, or inconvenience caused by delays.

For guaranteed delivery options, you must purchase carrier-specific insurance or expedited services where available.

Governing Law & Jurisdiction

These Terms of Service shall be governed by and interpreted in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

By using our services, you:

Waive any objections to venue based on jurisdiction, inconvenience, or other factors.

Agree to submit to the exclusive jurisdiction of the courts in Ontario, Canada for any disputes.