This Account/User Agreement and Terms of Use govern your relationship with Murbros Delivery Solutions Ltd. acting under the trade name Ship It Now. (“ShipItNow”) and your use of the ShipItNow website service (the “Service” or “Services”).

Site Content


By using or accessing this website, you acknowledge that you have read, understand and agree to be bound by the following terms and conditions. The material and information on this website is protected by law, including copyright law. Except as otherwise specifically provided, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form and in any manner without ShipItNow’s prior written permission. You may not mirror any material contained on this website or any other server. Permission is hereby granted for you to make a single copy of documents or material published by ShipItNow on this website solely for informational purposes and for non-commercial use within your organization, provided that you keep intact all copyright and other proprietary notices and legends. ShipItNow does not authorize any other use of the information or material provided.

Changes to Account/User Agreement


We may change the terms of this Agreement at any time without notice. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.

Term


Your account membership shall commence upon the date of registration. Accounts will be active unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your account.

Fees and Payments


You agree to immediately pay, or pay upon such terms as are agreed between the Company and you, the related service fees and any other charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the transaction was initiated. We will bill all charges automatically to your credit card or prepaid account or in accordance with such method as the Company may agree to from time to time. Unless we state in writing otherwise, all fees and charges are non-refundable. Ultimately, you are responsible for any and all fees or charges incurred in connection with your username and password through using ShipItNow.ca.

Accuracy of Provided Information


ShipItNow is not responsible for information submitted by Users or Account holders on the ShipItNow website or within the use of ShipItNow Services. Users or Account holders are responsible for the accuracy of the information that is used in conjunction with the ShipItNow website and the Services offered. This includes, but is not limited to, information concerning the User and Package Criterion (To, From, Type of Service, Weight, Dimensions, Content, etc.).

Refunds


Refund requests must be made within one week of purchasing a label. A 5% processing fee will apply. Refund requests that occur after one week from the purchase of a label will not be processed.

Rate Information


Rate information published on this website is subject to change without notice. ShipItNow has no control over such rate information and your reliance on any such rate information will be done solely at your “own risk”. ShipItNow may make improvements and/or changes to this website and/or information at any time without notice. Any references to non-ShipItNow products or services on this website are for information purposes only and do not constitute a recommendation or endorsement of such products or services by ShipItNow or any other third party.

Courier Terms and Conditions


Users and Account holders of ShipItNow.ca are responsible for reviewing and accepting the Terms and Conditions as well as the Privacy Policies of Carriers that are offered on ShipItNow.ca prior to completing a transaction on ShipItNow.ca. By using this website customer agrees to abide by all the terms and conditions relating to the specific carriers and insurance below:


Purolator Terms and Conditions
UPS Terms and Conditions
Federal Express Terms and Conditions
DHL Terms and Conditions
Insurance Terms and Conditions


Dangerous or Illegal Goods


ShipItNow does not provide or perform services with respect to goods which are, or are in our opinion, dangerous goods. This includes, but is not limited to, those specified in the:
• International Civil Aviation Organisation (ICAO) Technical Instructions
• International Air Transport Association (IATA) Dangerous Goods Regulations
• International Maritime Dangerous Goods (IMDG) code
• European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR)
• Other national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods.
User certifies, by transacting a shipment with ShipItNow that your shipment does not contain a prohibited item as specified in section 8.1 in ICAO Annex 17 or other national or international regulations that govern aviation security. The responsibility and liability from ignoring these regulations and Carrier restrictions lies with the User. Shipments transacted on ShipItNow.ca through the User selected Carrier may be subject to security screening including x-ray, explosive trace detection and other security screening methods. Depending on the User Selected Carrier, you acknowledge and accept that your shipment may be opened and examined. ShipItNow does not accept shipments that contain prohibited items.

Insurance on Service


ShipItNow does not warrant or provide insurance directly on items being shipped or electronically transmitted. Users are encouraged to review the Courier’s or Insurance provider’s Terms and Conditions along with their insurance coverage, before selection of Courier. If coverage was purchased using a third party insurance provided on ShipItNow, claims associated with the package or electronic transmission must be made with that insurance provider and not ShipItNow. ShipItNow is not responsible for any claims or subsequent damages resulting from lost, delayed or damage packages.

Limitations on Use


Only one individual may access the Service at a time using the user name, password or account profile provided by ShipItNow, unless we agree otherwise. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Service may violate specific carriers’ regulations and/or terms and agreements, any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. If a shipment is deemed to be fraudulent, or there is evidence of fraud in relation to other account usage, ShipItNow reserves the right to Void the label and/or have the package returned to sender. In such cases, ShipItNow has the right to send information concerning the fraud to concerned parties including local authorities.

Intellectual Property


The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property available through the Services is the property of ShipItNow, Inc. or the property of other third parties and is protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the content received through the Services to anyone. “ShipItNow” and the ShipItNow logos are trade-marks of ShipItNow, Inc. All rights reserved.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY


YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND 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. FOR THE SAKE OF CLARITY, YOU USE THE WEBSITE AND ANY INFORMATION CONTAINED THEREIN AT YOUR OWN RISK. SHIPITNOW AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“SHIPITNOW 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 CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE SHIPITNOW PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE SHIPITNOW PARTIES’ LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.

Indemnification


YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SHIPITNOW AND ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUB-CONTRACTORS 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 VIRUS OR ANY OTHER DESTRUCTIVE FEATURE RESULTING FROM YOUR ACCESS TO, USE OF OR LINKAGE WITH THIS WEBSITE AND/OR ANY CLAIM BROUGHT BY A THIRD PARTY HAVING A BASIS IN CONTRACT OR TORT, IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT, INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, GROSS NEGLIGENCE, PRODUCTS LIABILITY OR STRICT PRODUCTS LIABILITY.

General


This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. 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 Ontario, 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 state court located in Toronto, Ontario, Canada. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.