THESE CUSTOMER TERMS AND CONDITIONS (“CONDITIONS”) CONSTITUTE AN AGREEMENT BETWEEN CUSTOMER, MYUSADDRESS.CA (“THE SERVICE ENTITY”), AND STRADER-FERRIS INTERNATIONAL (“OPERATOR”) (AS THOSE TERMS OF SERVICE ARE DEFINED BELOW) WITH RESPECT TO THE MYUSADDRESS.CA SERVICE (THE “SERVICE”). BY ELECTRONICALLY INDICATING ACCEPTANCE OF THESE CONDITIONS, OR BY USING THE SERVICE, CUSTOMER AGREES TO BE BOUND BY THESE CONDITIONS, AS THE AGREEMENT GOVERNING CUSTOMER’S USE OF THE SERVICE. IF CUSTOMER DOES NOT WISH TO ACCEPT THESE CONDITIONS, CUSTOMER SHALL NOT USE THE SERVICE.
GENERAL OBLIGATIONS
STRADER-FERRIS INTERNATIONAL operates the MYUSADDRESS.CA website (“WEBSITE”) and SERVICE that allows CUSTOMERs to route Packages to STRADER-FERRIS INTERNATIONAL and AFFILIATE warehouses for storage, convenient delivery by Carriers and convenient pick-up by CUSTOMER.
If MYUSADDRESS.CA receives a Package for CUSTOMER:
MYUSADDRESS.CA shall enter the package into the SERVICE web-based application
MYUSADDRESS.CA shall send CUSTOMER an Email Notification that the Package is ready for pick-up;
MYUSADDRESS.CA shall hold the Package for thirty (30) days from dispatch of the Email Notification; and
If CUSTOMER picks up the Package within such thirty (30) day period and pays any applicable charges, MYUSADDRESS.CA submits the Package to CUSTOMER.
MYUSADDRESS.CA shall provide customs brokerage services for clearance of packages into Canada from the USA
MYUSADDRESS.CA shall provide package forwarding services through 3rd party carriers
Definitions for defined terms used herein are set forth in Section 19 of this Agreement.
PARTIES AND SUB-CONTRACTING
CUSTOMER warrants that he or she either is the owner of the goods in any Package or is authorized by such owner to accept these Conditions on such owner’s behalf.
MyUSaddress.ca services are not to be used by companies or individuals for shipments that are commercial in nature without prior written approval. MyUSaddress.ca reserves the sole right to determine if a shipment is commercial in nature. MyUSaddress.ca is not to be used for product returns or long-term storage related to any eCommerce or commercial activities without prior written approval.
PROHIBITED GOODS AND RESTRICTED PACKAGE
Nothing in these Conditions shall oblige MYUSADDRESS.CA to accept Packages which contain or constitute:
items specified in our list of Prohibited Items located on our What Can Be Shipped page;
substances which are classified as dangerous for transportation nationally or internationally under the United Nations Dangerous Goods Code;
radioactive material or other substances presenting a similar hazard;
any living creatures;
controlled drugs;
property the carriage of which is prohibited by any law, regulation or statute of any federal, state or local government; and
parcels that exceed the Parcel Size Allowance of the MYUSADDRESS.CA.
If MYUSADDRESS.CA, in its sole discretion, suspects any Package may: (i) spoil, leak or be dangerous; (ii) cause damage to a MYUSADDRESS.CA or harm any MYUSADDRESS.CA personnel; (iii) create an unsafe environment for operation of MYUSADDRESS.CA business; or (iv) violate any law or regulation, MYUSADDRESS.CA reserves the right to open and inspect such Package and consequently return the Package to sender.
UNDELIVERED OR UNCLAIMED PACKAGE
If CUSTOMER fails to pick-up any Package from the MYUSADDRESS.CA within thirty (30) days after the delivery of the Email Notification to CUSTOMER, then the MYUSADDRESS.CA may, in addition to its other rights hereunder, can exercise MYUSADDRESS.CA’s rights under Section 10 of this Agreement.
MYUSADDRESS.CA has no obligation to hold any unclaimed Package beyond the time period described in Section 4(a) of this Agreement. MYUSADDRESS.CA and MYUSADDRESS.CA are not responsible for any Package not delivered to CUSTOMER due to:
any act or omission of the Carrier;
any act or omission of any Shipper, including failure to send the Package;
any failure by CUSTOMER to correctly apply or complete the shipping address provided by MYUSADDRESS.CA.
MYUSADDRESS.CA’S FEES
The fees for the SERVICE are set forth by the MYUSADDRESS.CA and can be viewed on the WEBSITE. The MYUSADDRESS.CA may change its fees at any time by posting its revised fees on the WEBSITE; any such change will take effect immediately. If any fee is payable for CUSTOMER’s use of the SERVICE, the following conditions apply:
CUSTOMER shall pay all applicable fees for the SERVICE to MYUSADDRESS.CA at the MYUSADDRESS.CA or in the manner otherwise described on the WEBSITE.
If CUSTOMER does not pay applicable fees at the time of the pick-up, MYUSADDRESS.CA may refuse to submit or deliver the Package to CUSTOMER. Any unclaimed Package shall be subject to Sections 4 and 10 of this Agreement.
MYUSADDRESS.CA shall maintain records of service provided to CUSTOMER for a six (6) month period, and may, in its sole discretion, dispose of such records thereafter.
SPECIAL HANDLING
The SERVICE may not be used for delivery of Packages that require handling by special or unusual equipment or procedures, and CUSTOMER agrees that MYUSADDRESS.CA is entitled to assume that all Packages require only regular handling and care. Unless MYUSADDRESS.CA has agreed in writing to the contrary with CUSTOMER:
MYUSADDRESS.CA shall be under no obligation to provide any special handling, or any equipment, plant, power or labor as may be required for loading or unloading the Package;
MYUSADDRESS.CA shall be under no obligation to allow CUSTOMER the use of any special appliances when CUSTOMER picks-up the Package;
MYUSADDRESS.CA shall be under no obligation, other than delivery of the Package across the counter of the MYUSADDRESS.CA, to provide CUSTOMER with curbside delivery or assistance with carrying Packages.
MYUSADDRESS.CA and STRADER-FERRIS INTERNATIONAL shall not be under liability whatsoever to CUSTOMER for any damage howsoever caused if the MYUSADDRESS.CA is instructed by CUSTOMER to load or unload goods using special appliances.
CUSTOMER shall indemnify MYUSADDRESS.CA and STRADER-FERRIS INTERNATIONAL against all claims and demands whatsoever which are made in connection with any instructions referred to in this Section 6.
LIABILITY FOR LOSS AND DAMAGE TO PACKAGE; LIMITATION OF LIABILITY
MYUSADDRESS.CA and STRADER-FERRIS INTERNATIONAL shall not be liable for loss of or damage to any Package described in Section 3(a) of this Agreement, including damages that may occur during carriage across the border and to customer’s address by 3rd party carriers.
IN NO EVENT SHALL MYUSADDRESS.CA and STRADER-FERRIS INTERNATIONAL AGGREGATE DAMAGES FROM ANY AND ALL CAUSES ARISING IN CONNECTION WITH THESE CONDITIONS OR DELIVERY OF THE SERVICE, (AND FOR THE AVOIDANCE OF DOUBT INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, OR GROSS NEGLIGENCE) EXCEED THE FEES RECEIVED BY MYUSADDRESS.CA FOR THE SERVICE IN RESPECT OF WHICH THE DAMAGE IS ALLEGED TO HAVE ARISEN.
IN NO EVENT SHALL MYUSADDRESS.CA AND STRADER-FERRIS INTERNATIONAL BE LIABLE FOR ANY DAMAGES ON ACCOUNT OF LOSS OF USE OR LOSS OF PROFITS, OR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, NOTWITHSTANDING THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE ALLEGED TO HAVE BEEN INCURRED.
CUSTOMER agrees that the storage of the Package by MYUSADDRESS.CA shall in no event constitute a bailment, and neither MYUSADDRESS.CA nor STRADER-FERRIS INTERNATIONAL shall be a bailee of the Package.
EXCLUSION OF WARRANTY; LIMITATION OF LIABILITY
MYUSADDRESS.CA, STRADER-FERRIS INTERNATIONAL employees and SUBSIDIARIES and AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, WHETHER ARISING FROM CUSTOM, USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. MYUSADDRESS.CA, STRADER-FERRIS INTERNATIONAL employees, and SUBSIDIARIES and AFFILIATES, DO NOT WARRANT THAT THE SERVICE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
INDEMNITY TO MYUSADDRESS.CA AND STRADER-FERRIS INTERNATIONAL
CUSTOMER shall indemnify MYUSADDRESS.CA, STRADER-FERRIS INTERNATIONAL employees, and SUBSIDIARIES and AFFILIATES, against:
All consequences suffered by MYUSADDRESS.CA, STRADER-FERRIS INTERNATIONAL employees and SUBSIDIARIES and AFFILIATES, (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to other goods) by reason of any error, omission, misstatement or misrepresentation by CUSTOMER or other owner of the goods or by any servant or agent or either of them, insufficient or improper packaging, labeling or addressing of the goods, fraud or any Package that breaches Section 3 of this Agreement;
All claims and demands whatever by whomsoever;
All losses suffered by and claims made against MYUSADDRESS.CA, STRADER-FERRIS INTERNATIONAL employees, and SUBSIDIARIES and AFFILIATES, resulting from loss of or damage to property caused by or arising out of the carriage, storage, or refusal to accept by MYUSADDRESS.CA of Prohibited Goods and Restricted Packages as described in Section 3.
All claims made upon MYUSADDRESS.CA, STRADER-FERRIS INTERNATIONAL employees and SUBSIDIARIES and AFFILIATES, by U.S. Customs or any other governmental authority with respect to the Package.
LIEN
STRADER-FERRIS INTERNATIONAL shall have a general lien on all Packages and documents relating to Packages in its possession, custody or control for any monies whatsoever due from CUSTOMER or owner of the Package and such general lien shall extend to all freight charges, Customs duties and charges, advances or any other charges of any kind arising out of service hereunder and shall be entitled to sell or dispose of such goods or documents as agent for and at the expense of CUSTOMER and apply the proceeds in or towards the payment of such sums on fourteen (14) days notice to CUSTOMER or any lesser period as may be reasonable in the circumstances.
Upon accounting to CUSTOMER for any balance remaining after payment of any sums due to STRADER-FERRIS INTERNATIONAL and any costs of retention, insurance and sale or disposal service, STRADER-FERRIS INTERNATIONAL shall be discharged of any liability whatsoever in respect of the Packages or documents.
MYUSADDRESS.CA shall have a right, without further notice to CUSTOMER, to dispose of, give away or destroy any Package that has not been collected from a MYUSADDRESS.CA within thirty (30) days after the Email Notification is given.
FORCE MAJEURE
MYUSADDRESS.CA, STRADER-FERRIS INTERNATIONAL employee, and SUBSIDIARIES and AFFILIATES, shall be relieved of their obligation to perform this Agreement to the extent that the performance is prevented by failure of CUSTOMER, fire, weather conditions, industrial dispute, labor disturbance or any other cause beyond the reasonable control of MYUSADDRESS.CA, STRADER-FERRIS INTERNATIONAL employees, and SUBSIDIARIES and AFFILIATES,
PRIVACY POLICY
CUSTOMER and MYUSADDRESS.CA hereby agrees that MYUSADDRESS.CA’s Privacy Policy, which is available at www.MYUSADDRESS.CA.com/privacy, is incorporated into this Agreement by reference and shall form part of these CONDITIONS.
PASSWORD CONTROL
You are responsible for protecting your username and password and should take all reasonable steps to ensure there is no unauthorized access to your account. Therefore, we recommend that you do not disclose your MYUSADDRESS.CA username and password to others.
If others gain access to your password, you may lose substantial control over your personal information. Therefore, if you suspect that your password has been compromised for any reason, you should immediately change your password.
MYUSADDRESS.CA does not assume responsibility or liability for any information you submit or for information transmitted or received by you or a third party using the SERVICE.
USE OF CONTENT
MYUSADDRESS.CA content is protected by copyright under Canadian and foreign laws. Title to the Content remains with MYUSADDRESS.CA and/or its partners. Any use of the Content not expressly permitted by these CONDITIONS is a breach and may violate copyright, trademark, and other laws. Content is subject to change or termination without notice at the discretion of MYUSADDRESS.CA. All rights not expressly granted herein are reserved to MYUSADDRESS.CA and its partners.
MYUSADDRESS.CA authorizes users to view or download a single copy of content on the WEBSITE solely for personal, non-commercial use. Copyright and proprietary rights notices contained in the content must be included.
Violation of these CONDITIONS will result in the automatic termination of your permission to use the SERVICE.
Links to the WEBSITE without the express written permission of MYUSADDRESS.CA are strictly prohibited. MYUSADDRESS.CA reserves the right to cancel and revoke any permission it may give to link to the WEBSITE at any time, for any reason, without any notice, and without any liability to you or any other person. The framing, mirroring, scraping or data-mining of the WEBSITE or any of its content in any form and by any method are strictly prohibited.
LINKS TO OTHER SITES
To the extent that links are utilized to access external or third-party websites, you should be aware that these external or third-party sites are not controlled by MYUSADDRESS.CA and, therefore, are not subject to these CONDITIONS. Use of these sites is subject to the terms and conditions of the individual sites.
USER SUBMISSIONS
MYUSADDRESS.CA welcomes your comments and suggestions regarding the WEBSITE. However, by submitting any comments, ideas, suggestions or other materials to MYUSADDRESS.CA or the WEBSITE, you automatically grant (or warrant that the owner of the Submissions)grants to MYUSADDRESS.CA a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of MYUSADDRESS.CA, and you warrant and represent that all moral rights in the Submissions are waived.
ACCOUNT TERMINATION AND INDEMNITY
MYUSADDRESS.CA reserves the right to suspend or terminate your account if you violate these CONDITIONS or for any other reason determined by MYUSADDRESS.CA that warrants termination. Upon such violation, you agree to indemnify, and hold MYUSADDRESS.CA, its officers, directors, employees, agents, licensors, partners, and suppliers and MYUSADDRESS.CAs harmless from and against any and all loss, damage, or expense.
LAW AND JURISDICTION
All matters arising from or relating to these Conditions and the use of the SERVICE will be governed by the substantive laws of the Province of Ontario, without regard to its conflicts of laws principles. CUSTOMER consents to the personal jurisdiction of such courts, stipulates to the fairness and convenience of proceeding in such courts, and covenants not to assert any object to proceeding in such courts. Notwithstanding this, you agree that STRADER-FERRIS INTERNATIONAL shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
DEFINITIONS
In these CONDITIONS:-
‘Carrier’ means the parcel delivery company that delivers a Package, which may include any of the national (UPS, FedEx, USPS, DHL, etc.) regional, or local delivery services.
‘CUSTOMER’ means the person or company that uses the SERVICE to have a Package sent to a MYUSADDRESS.CA.
‘Email Notification’ means an email notifying CUSTOMER of receipt of a Package by the MYUSADDRESS.CA.
‘MYUSADDRESS.CA’ means STRADER-FERRIS INTERNATIONAL., the operator of the WEBSITE.
‘MYUSADDRESS.CA’ means the retail location CUSTOMER designated for delivery and pick-up of packages.
‘Package’ means goods contained in one parcel, package or container sent addressed by or for CUSTOMER properly using the SERVICE.
‘SERVICE’ means the Package pick-up service provided by the MYUSADDRESS.CA and STRADER-FERRIS INTERNATIONAL pursuant to these Conditions.
‘Shipper’ means an online retailer, catalog retailer, manufacturer, retailer, or individual sending a package to CUSTOMER via a Carrier.
‘WEBSITE’ means the MYUSADDRESS.CA website, www.myusaddress.ca.
GENERAL
No delay or omission by MYUSADDRESS.CA, STRADER-FERRIS INTERNATIONAL, STRADER-FERRIS INTERNATIONAL Employees, Subsidiaries and Affiliates, in exercising any of their rights occurring upon any noncompliance or default by CUSTOMER with respect to any of the terms and conditions of these CONDITIONS will impair any such right or be construed to be a waiver thereof, and a waiver by MYUSADDRESS.CA and STRADER-FERRIS INTERNATIONAL of any of the covenants, conditions or agreements to be performed by CUSTOMER will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these CONDITIONS, “including” means “including but not limited to, If any provision of these CONDITIONS is found by a court of competent jurisdiction to be invalid or unenforceable, then these CONDITIONS will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these CONDITIONS set forth the entire agreement between CUSTOMER, MYUSADDRESS.CA, and STRADER-FERRIS INTERNATIONAL regarding their subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these CONDITIONS constitutes a “writing” and CUSTOMER’s assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Effective August 1, 2010
Copyright Notice
Copyright © STRADER-FERRIS INTERNATIONAL. All rights reserved.