Agreement

By accessing or using our website and services, you agree to be bound by the terms and conditions of our Terms of Use, Terms of Service, and all terms incorporated into these Terms of Use by reference. Please review these terms carefully as they govern your use of our Site and Services. If you do not agree to these terms, you must stop using our Site and Services. Additionally, please refer to our Privacy Policy for information on how ShipShop collects, uses and discloses personally identifiable information from our users on the Site.

You represent and warrant that you are authorized to accept these Terms of Use on behalf of yourself (and any other person or entity that uses your account), and that you and such entity agree to indemnify ShipShop for violations of these Terms of Use. These Terms of Use exempt ShipShop and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of our Service.

The Internet is inherently unreliable, so your access to and use of the Site may be interrupted, slow, or even inaccessible at times. ShipShop also needs time to update the Site, and while ShipShop tries to do this during slow periods, ShipShop cannot always wait or schedule downtime that way.

These basic terms apply to your use of ShipShop: you must be 18 years or older, or at least the age of majority in the jurisdiction where you reside; you must be a human; ShipShop does not permit accounts registered by automated methods; and you are responsible for all the content you post. Violation of any of these terms may result in the termination of your account.

Changes to Terms of Use

ShipShop reserves the right to modify or alter any of the terms and conditions stated in these Terms of Use, or any policy or guideline of the Site and Service, at any time and in its sole discretion. Any changes or modifications to these Terms of Use will be implemented immediately upon posting on the Site, and you forgo any right to be notified of such changes or modifications. Your continued use of this Site following the posting of any changes or modifications will be regarded as an acceptance of such changes or modifications. Therefore, it is recommended that you review these Terms of Use and applicable policies regularly in order to stay informed of the terms and conditions that apply to your use of the Site. If you do not agree to the modified terms, you must cease using the Site.

Trademarks

The ShipShop logos, product names and service names, as well as any slogans featured on the Site or the Site Materials, are trademarks of ShipShop or its suppliers or licensors. Unauthorized use of these trademarks, in whole or in part, is strictly prohibited. Additionally, the unique look and feel of the Site, including page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ShipShop and must not be reproduced without prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site belong to their respective owners. ShipShop does not endorse any products, services, processes or other information referred to by trade name, trademark, manufacturer, supplier or otherwise.

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, so long as the link does not portray ShipShop or any of its associates or services in a false, misleading, derogatory or otherwise defamatory manner, and the linking site does not contain any material that is offensive, harassing or otherwise objectionable. This right may be revoked at any time.

Furthermore, you may not use any ShipShop logo or other proprietary graphic of ShipShop to link to this Site without the express written permission of ShipShop. Additionally, you may not use, frame or utilize framing techniques to enclose any ShipShop trademark, logo or other proprietary information, including, but not limited to, the Site materials, the images found at the Site, the content of any text or the layout/design of any page or form. Except as noted above, you have no right or licence by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ShipShop or any third party.

Third Party Sites

ShipShop does not make any claims or representations regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. ShipShop is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you solely for your convenience; the inclusion of any link does not imply control, endorsement or adoption by ShipShop of any site or any information contained therein.

When you leave the Site, you should be aware that our terms and policies no longer apply. We encourage you to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from ShipShop.

Third Party Content

ShipShop may offer Third Party Content on its Site, including links to webpages and content from third-party merchants and suppliers (collectively referred to as “Third Party Content”). ShipShop does not guarantee the accuracy or completeness of any Third Party Content, and does not accept responsibility for updating or reviewing said Content. By accessing the Third Party Content, you acknowledge that ShipShop is not liable for any loss or damage that may result from your use of it.

The Site may also include advertisements and promotions from third-party merchants and suppliers, as well as information and links to their products and services. All transactions, correspondences, and other dealings between you and these third-party entities are solely between you and them; ShipShop is not responsible for any losses or damages that may arise from these activities.

Submissions

You hereby agree that any materials, such as questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding the Site, ShipShop, or its products or services, submitted by you in the form of email or other submissions to ShipShop, or any postings on the Site (collectively known as “Feedback”), shall become the sole property of ShipShop. You assign full and unconditional rights to ShipShop to use, disseminate, and commercially exploit the Feedback for any purpose, without further acknowledgment, permission, or compensation. You hereby waive any moral rights you might otherwise have or retain in any Feedback, now or in the future, anywhere in the world.

User Content and Interactive Services or Areas

The Site may include interactive areas or services (“Interactive Areas”), such as forums, chat rooms, message boards, or other areas or services where users can create, post, or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, or other items or materials (“User Content”). As a user, you are solely responsible for your use of these Interactive Areas and you use them at your own risk. By using any Interactive Areas, you agree to not post, upload, transmit, distribute, store, create, or otherwise publish anything that is inappropriate, offensive, or in violation of any applicable laws.

Posting any User Content on the Site is subject to certain restrictions. You must not post any content that: is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; would constitute, encourage or provide instructions for a criminal offense; violates the rights of any party; or would otherwise create liability or violate any local, provincial, state, national or international law; infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; contains unsolicited promotions, political campaigning, advertising or solicitations; discloses private information of any third party; contains viruses, corrupted data or other harmful, disruptive or destructive files; or is otherwise objectionable. By posting any User Content, you represent and warrant that you have all the necessary rights to distribute and reproduce such User Content. ShipShop takes no responsibility for any User Content posted, stored or uploaded by you or any third party, and is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Interactive Areas is at your own risk.

ShipShop reserves the right to enforce these Terms of Use at our discretion. No waiver of our rights in any instance shall constitute a waiver of our right to enforce such rules in any other instance. Furthermore, these rules do not create a private right of action on behalf of any third party or guarantee that the Site will not contain any prohibited content. As a provider of interactive services, ShipShop cannot be held liable for any statements, representations or User Content provided by our users in any public forum, personal home page or other Interactive Area.

ShipShop reserves the right to remove, screen, or edit any User Content posted or stored on the Site at any time and for any reason without prior notice. As such, Users are solely responsible for creating backup copies of and replacing any User Content they post or store on the Site, at their own cost and expense. Any violation of these Terms of Use may result in the termination or suspension of the User’s rights to use the Interactive Areas and/or the Site.

By posting User Content to the Site, you grant ShipShop and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to utilise, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content worldwide in any media. You also grant ShipShop and its affiliates and sub-licencees the right to use the name that you submit in connection with such content, should they choose to do so. You hereby guarantee that (a) you own and control all of the rights to the User Content that you post (including, without limitation, the right to grant the licences granted to ShipShop herein); (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not infringe upon any rights of or cause harm to any other individual or entity.

Ownership – Copyright

Unless otherwise specified, all content and materials featured on the ShipShop Site, including, but not limited to, ShipShop names, logos, designs, text, graphics, pictures, information, data, software, sound files, and other files, as well as the selection and arrangement thereof (collectively known as “Site Materials”), are the exclusive property of ShipShop or its licensors and are protected by Canadian, U.S., and international copyright laws.

You are granted a limited, non-transferable licence to access and use the Site for informational and personal use only, in accordance with these Terms of Use. This licence is subject to these Terms of Use and does not give you any rights or entitlements to:

You are prohibited from using the Site or Site Materials for any commercial purpose, including but not limited to leasing, licensing, reselling or any other form of redistribution. You may not collect or use product or service listings, pictures or descriptions, distribute, publicly perform or display any Site Materials, or modify, reverse engineer, decompile or use any derivative works of the Site or Site Materials. Data mining, scraping, robots or similar data gathering methods are also not permitted. Additionally, you may not use the Site or Site Materials for any purpose other than its intended purpose, or for any commercial activities other than the shipping of goods. Any violation of these terms will result in the immediate termination of your licence and the forfeiture of any payments you may have accrued from ShipShop. We ask that you respect our name and reputation, and refrain from any activity that could dilute or depreciate it. Thank you for your understanding.

ShipShop reserves the right to revoke the limited license granted in these Terms of Use at any time. Unauthorized use of the Site Materials may violate applicable copyright, trademark, communications regulations and statutes. No other rights or licenses with respect to any Site Materials or intellectual property rights are granted or implied.

Copyright Complaints

If you believe that any Site Materials or other content on the Site infringes upon any copyright that you own or control, please submit a notification of such infringement to us at support@shipshop.ca. Please be aware that if you knowingly misrepresent the material or activity as infringing, you may be held liable for any damages, including costs and lawyers’ fees, incurred by us or the alleged infringer as a result of our reliance on your misrepresentation.

Proprietary Rights

This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorised copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person is strictly prohibited and may be a violation of trade-mark and/or copyright laws, rendering such person liable to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorised copying, redistribution, reproduction or modification of this Service or any of the Content. 

The display of certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “ShipShop” and www.shipshop.ca, constitute the trade-marks, trade names, trade dress and associated products and services of ShipShop or its affiliates (the “Marks”) or constitute the trade-marks, trade names, trade dress and associated products and services of ShipShop suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of ShipShop or such third party, as applicable, is strictly forbidden and will be subject to legal consequences.

Indemnification

You agree to indemnify, defend, and hold ShipShop, its officers, directors, owners, employees, agents, affiliates, carriers, licensors and representatives (collectively, “Indemnitees”) harmless from and against all liabilities, demands, claims, costs, losses, damages (whether direct, indirect, incidental, punitive, consequential, special, exemplary or otherwise), recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Indemnitees (collectively, “Losses”), known or unknown, contingent or otherwise, directly or indirectly arising from or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against ShipShop and/or its officers, directors, owners, employees, agents, affiliates, carriers, licensors and representatives, arising out of or relating to the User Content, your conduct, use or non-use of the Site, your breach of these Terms of Use or your violation of the rights of any third party. This indemnification and assumption of liability and obligation shall remain in full force and effect notwithstanding the termination of this agreement, whether by expiration of time, by operation of law or otherwise.

Disclaimer

ShipShop provides the Site, Site Materials and the information, products and services made available or offered on the Site without any representations, warranties or conditions of any kind, either expressed or implied. ShipShop disclaims all other representations, warranties and conditions, expressed or implied, including, without limitation, implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title and non-infringement as to the Site and the information, products and services therein. ShipShop does not guarantee that Site Materials or any other information, products services or other content made available or offered on the Site are accurate, complete, reliable, current or error-free. 

Additionally, ShipShop does not guarantee that the Site or any of its servers are free of viruses or other harmful components. Therefore, it is recommended that industry-recognized software be used to detect and disinfect viruses from any downloads.

Limitation of Liability

Notwithstanding any other provision of these Terms of Use, ShipShop, its directors, officers, employees or agents shall not be held liable for any direct, special, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in connection with the use of or inability to use the Site, the Site Materials, or any products, services, content or materials contained in, purchased through or accessed through the Site. This includes any damages caused by or resulting from reliance by the user on any information obtained from ShipShop or its suppliers or merchants, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to ShipShop or any user or member’s records, programs or services.

In the event that ShipShop becomes liable to you for any reason, the aggregate liability of ShipShop for any and all claims, damages, amounts or fees of any kind, however arising, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other any other theory, arising out of or relating to the use of or inability to use the Site shall not exceed the actual amount of revenue ShipShop earned on your product purchase.

You agree that ShipShop shall not be liable for any costs or damages arising out of a dispute between you and any of its sellers or suppliers. Additionally, ShipShop does not make any representations or guarantees regarding any goods or services offered or provided by sellers or suppliers, including but not limited to any warranty or manufacture defect. All such claims should be made directly with the seller, supplier, manufacturer or service provider.

Limitation of Time

You agree that any claims arising from these Terms of Use must be brought within eighteen months of their occurrence.

Arbitration

Any disagreements arising from or in relation to these Terms of Use shall be referred to and ultimately resolved through arbitration administered by the Canadian Arbitration Centre. The proceedings will be conducted in accordance with the Centre’s regulations, in Toronto, Ontario, Canada, and in English.

Applicable Law and Venue

These Terms of Use and your use of the Site shall be governed by and interpreted in accordance with the laws of the Province of Ontario and of Canada applicable therein, applicable to agreements made and to be entirely performed within the Province of Ontario, without regard to its conflict of law provisions. By agreeing to these Terms of Use, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the provincial and federal courts located in Toronto, Ontario for any suit, action or proceeding arising out of these Terms of Use or your use of the Site. Notwithstanding any of these Terms of Use, ShipShop reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Waiver of Jury Trial and Class Action Rights

You acknowledge, agree and understand that, in accordance with applicable laws and the mandatory arbitration provision, any dispute between you and ShipShop, its officers, directors, employees or agents, concerning or relating to these Terms of Use shall be settled through arbitration and that, as a result, you hereby waive your right to a jury trial and your right to participate in any class action lawsuit involving such dispute.

Termination

Despite these Terms of Use, ShipShop reserves the right, without notice, to terminate any of its programs, discontinue your access to the Site, and block or prevent any future use of the Site. ShipShop will not be held accountable for any failure to notify you of such actions due to an incorrect email address, your failure to check email, your failure to update ShipShop of a change in your email address, or if you do not receive the notifying email for any reason. You may close your account anytime by sending an email from the address associated with your account to support@shipshop.ca with the subject line “ACCOUNT CLOSURE”. 

Please note, these Terms of Use and Terms of Service will apply to any past or future use of the Site after closing your account.

Interpretation

Words importing the singular number shall include the plural and vice-versa, while words importing the masculine gender shall encompass the feminine and neuter genders. The headings and captions in these Terms of Use are provided for reference and convenience only and shall not be interpreted as additional or restrictive provisions of the Terms of Use.

Entire Agreement

These Terms of Use constitute the entire agreement between you and ShipShop concerning the subject matter herein. All prior agreements, including those posted previously, are hereby superseded and replaced.

For Residents of Quebec

The parties hereby declare that they require that these Terms of Use and all related documents, both current and future, be composed exclusively in the English language.

Les parties déclarent par la présente qu’elles exigent que les présentes conditions d’utilisation et tous les documents connexes, actuels et futurs, soient rédigés exclusivement en anglais.

Waiver

If ShipShop does not exercise or enforce any legal right or remedy provided in this Terms of Use, or any applicable law, this shall not be interpreted as a waiver of ShipShop’s rights and said rights and remedies shall remain available.

Survival

All provisions, commitments, statements and guarantees made in these Terms of Use shall remain valid upon your acceptance of these Terms of Use and the expiration of these Terms of Use.

Severability

Should any clause of these Terms of Use be deemed illegal, void, or for any reason unenforceable, that clause will be severed from these Terms of Use and will not affect the validity and enforceability of any remaining clauses.

Transactions Fees

All credit and debit card transactions made are subject to a transaction fee of 2.9% + $0.30. Alternatively, we offer an option for ACH/EFT transactions (bank transfer) that incurs no transaction fees. For ACH transactions, please contact our customer service for further assistance.

Questions?

If you have any queries regarding the use of the Site or Service, our Help Centre is here to help. If you require additional assistance or have any other issues, please do not hesitate to contact us with any questions or comments about the Site or Service via our Contact Page. We are always happy to assist.