1. Welcome to Shipment Refunds Canada!
We may change these terms from time to time. If we do, we'll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we'll tell you the exact date they go into effect. If you keep using Shipment Refunds Canada after a change, that means you accept the new terms.
Our Services are intended to help companies lower net shipping costs, improve customer service, and leverage logistical intelligence to make informed decisions..
2. About Creating an Account
To sign up for a Shipment Refunds Canada account, you need to be 18 or over. You're responsible for your account and all the activity on it.
You can browse Shipment Refunds Canada without registering for an account. But to use some of Shipment Refunds Canada's functions, you'll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don't impersonate anyone else or choose names that are offensive or that violate anyone's rights. If you don't follow these rules, we may cancel your account.
You're responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone's used your account without your permission, you should report it to support@SRCanada.com.
3. Things You Definitely Shouldn't Do
This section is a list of things you probably already know you shouldn't do — lie, break laws, abuse people, steal data, hack other people's computers, and so on. Please behave yourself. Don't do this stuff.
Many people use Shipment Refunds Canada. We expect all of them to behave responsibly and help keep this a nice place. Don't do any of these things on the Site:
Don't break the law. Don't take any action that infringes or violates other people's rights, violates the law, or breaches any contract or legal duty you have toward anyone.
Don't lie to people. Don't post information you know is false, misleading, or inaccurate. Don't do anything deceptive or fraudulent.
Don't offer prohibited items. Don't offer any rewards that are illegal, violate any of Shipment Refunds Canada's policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
Don't victimize anyone. Don't do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person's privacy.
Don't spam. Don't distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don't run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
Don't harm anyone's computer. Don't distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Shipment Refunds Canada or another party).
Don't abuse other users' personal information. When you use Shipment Refunds Canada — and especially if you refer new users — you may receive information about other users, including things like their names and their company's name. This information is provided for the purpose of participating in Shipment Refunds Canada rewards: don't use it for other purposes, and don't abuse it.
We also need to make sure that the Site is secure and our systems function properly. So don't do any of these things — most of which boil down to "don't mess with our system."
Don't try to interfere with the proper workings of the Services.
Don't bypass any measures we've put in place to secure the Services.
Don't try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Shipment Refunds Canada or another party.
Don't take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what's reasonable.)
Don't use any kind of software or device (whether it's manual or automated) to “crawl” or “spider” any part of the Site.
Don't take apart or reverse engineer any aspect of Shipment Refunds Canada in an effort to access things like source code, underlying ideas, or algorithms.
4. How Refunds Work
The gist of it is that we bill for the refund requests we submit for you, but the actual exchange of money is between you and the shipping company. You agree to let us act on our behalf to do the things we need to do to submit your refund requests.
Shipment Refunds Canada provides a platform for recovering refunds for shipments. Only some shipments qualify for refunds from the Shipment's Carrier, according to your contract with them and/or their terms and conditions. Shipment Refunds Canada is not a part of your contract — your contract is a direct legal agreement between your and your Shipment's Carrier. When you allow us to interact with your Shipment Carriers on your behalf, you are not authorizing us to make changes to your account, make billing inquiries, nor to speak with an agent of the Shipment's Carrier on your behalf, except as may be required to perform the Services for you.
Shipment Refunds Canada charges a small fee for engaging in the effort of tracking shipments, identifying those which appear to qualify for a refund, and submitting a request for refund to the Shipment's Carrier on your behalf. We do not track the exchange of funds, account credits, or financial transactions between your and your Shipment Carriers. Our responsibilty for obtaining a refund ends at the point of refund request submission to your Shipment's Carrier. Once the request for refund has been submitted, our Services for that Shipment are considered by you to have been fully delivered. Specifically, Shipment Refunds Canada is not responsible to coordinate, mandate or oversee any funds transfer between you and your Shipment's Carrier.
If you don't receive the funds for a refund we have requested for you, you must address the issue directly to the Shipment's Carrier. We would be pleased to provide you with any and all information you need to substantiate your refund request.
We do our best to provide you our Services, but there's always room for improvement. At any time, should you feel that we have not provided our Services as described for a particular shipment, please send an email to firstname.lastname@example.org with the tracking number of the shipment and a description of the issue. We value your input and appreciate the feedback you provide. In addition to learning from your input, would be pleased to credit your account for the fee we charged. Or, should you request it, return the fees you paid to your credit card.
We're just a refund company. So, please keep in mind that we are not responsible for any Shipment Carrier's performance, nor the accuracy of the information they present. Also, it is not part of our Services to mediate disputes between you, your Shipment's Carrier and/or the Shipment's Recipient.
Notwithstanding the above, by using our Services, you authorize us to act on your belhalf for any interaction with the Shipment's Carrier, its agents, its website, its application programming interfaces or other means of interaction we may need to engage in, for the purposes of performing the Services for you. This authorization allows us to submit refund claims on your behalf, access your shipping history online, or even to have a verbal conversation with the Shipment's Carrier if need be. If any interactions are required that may be out of the normal course of performing the Services for you, we will seek your permission and keep you informed regarding the process and progress of these interactions.
5. Our Fees
We charge for each submitted refund request according your Pricing Plan.
Creating an account on Shipment Refunds Canada is free.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we'll announce that on our Site.
You're responsible for paying any additional fees or taxes associated with your use of the Services.
Shipment Refunds Canada usually charges a small fee for the work we do in performing the Services. Our intention is that the fee be a reasonable compensation for the work done in tracking your Shipment, identifying a potential refund and submitting the refund request. While we do our best to ensure claims are refunded, in no way do we guarantee the outcome of your refund claim with the Shipment's Carrier as we make clear in Section 4.
Most fees for Services are flat-fee based and may fluctuate with your volume of usage of the Service from period to period. However, some fees, like refund requests for small amounts, may be based on a percentage of the refund requeted. The entire current fee structure for your account can be found on your Billing page.
Each invoice details every fee. If there are any questions or concerns regarding a particular fee, please contact support@SRCanada.com
6. Invoices and Payments
This section goes over how services are invoiced and how payments are made. You can find your invoices on your Billing page.
Generally, we invoice weekly and settle the invoice with the automatic payment method you provided. If we can't settle payment, we will suspend services until payment has been received. Try and get any payment issues resolved within 30 days to avoid missing out on some refunds. :-(
Shipment Refunds Canada will invoice you regularly (usually weekly) for our Services. Each invoice will be available from our website, as well as emailed to the email address you provided on your account.
Our invoices will detail each and every fee billed and will clearly show taxes charged.
We guarantee that the total fees (not including taxes) on your invoice will never exceed 40% of the total refunds we applied for on your behalf on that invoice. To be clear, this is not 40% guarantee on each shipment. Rather, it's a guarantee on the totals for each invoice. If the total fees (not including taxes) on the invoice exceed 40% of the total refunds applied for, you will see a line item on your invoice with a credit for the difference.
To keep our costs down, Shipment Refunds Canada relies on automated payment methods to simplify the collection of funds. We DO NOT EVER store your credit card details on our systems. Instead, automated payment is accomplished by establishing your account as requiring regular billing with our Payments Provider. In this way your security is maintained and we are able to conveniently process the prompt payment of your invoices.
We will make every effort to process the automatic payment of your invoice by credit card within 1 business day of issuing you the invoice. If we are unable to process payment for your invoice, we will try to notify you through methods like email and phone. In the event that we do not receive payment within 7 calendar days of posting the invoice on our website, Shipment Refunds Canada will, at our discretion, suspend some Services like submitting refund requests to your account. Once your outstanding invoices have been paid, the suspended Services will be resumed. It may be possible, to still submit refund requests that were previously suspended due to lack of payment. Our system will automatically process any refunds it determines to be valid.
7. Rewards and Promotions
We offer rewards, like free usage days, sign-up bonuses and commissions to thank you for introducing our Services to new companies. If you didn't directly introduce us (for example if you just posted the code on a coupon website); the company you introduced wasn't new to us; or if the company really doesn't ship much (<20 shipments in last 30 days); we don't offer a reward. Also, you can't combine rewards.
From time-to-time we offer rewards in the form of free usage of the Services, commissions and other incentives to our users for introducing others to our Services. The amount and type of these rewards may change from time-to-time and may be different for different users. We will always communicate the amount of the reward to you. Should we need to change the reward amount, we will email you the changes or post them on the Site.
Our rewards programs are put in place to encourage new companies, who 'regularly ship' products, to use the Services. Therefore, if the referred company is not new to our Services, or hasn't shipped much lately, we do not provide referral rewards. For example, if a second account was setup for the same company, no referral rewards would be earned related to that account. As well, we would not provide a reward if an account doesn't 'regularly ship'. We consider an account to 'regularly ship' if it shipped at least 20 shipments (with Carriers for which we process refunds) in the 30 days right before the payment of its first invoice.
Our intent is to only offer the reward for a direct introduction of our Services. This could be through referring someone you know. Or, it could be including your promotion code or link in a publication you control (like your company newsletter or your Facebook page). However, we will not reward any referrals for coupon codes found on websites not directly controlled by our users. This includes forums, chat sites, newsgroups, and coupon and/or deal sharing sites. Promotional codes or links found on these sites may be immediately suspended.
Rewards and promotions offered by us may not be combined either with other rewards, nor with any other promotion execpt where we explicity give permission for combining of offers or promotions.
We reserve the right to deny or recind any offer, promotion, reward, commission or other incentive or remuneration of any sort, monetary or otherwise, occurring thereof. As well we reserve the right to cancel or suspend any promotion at any time at our sole discretion.
8. Stuff We Don't Do and Aren't Responsible For
We don't oversee the performance or punctuality of shipments, and we don't mediate disputes between you, your Shipment's carrier and/or the Shipment's recipient.'
Shipment Refunds Canada isn't liable for any damages or losses related to your use of the Services. We don't become involved in disputes between users, or between users and any third party relating to the use of the Services. We don't oversee the performance or punctuality of shipments, and we don't endorse any content users submit to the Site. When you use the Services, you release Shipment Refunds Canada from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You're solely responsible for any resulting damage or loss to any party.
9. Other Websites
If you follow a link to another website, what happens there is between you and them — not us.
Shipment Refunds Canada may contain links to other websites. For instance, Shipment Carriers. When you access third-party websites, you do so at your own risk. We don't control or endorse those sites.
10. Your Intellectual Property
We will not sell information about your shipments. We will do analysis on your shipment information and let you know about the findings it if we think they may help you.
Shipment Refunds Canada doesn't own information regarding your shipment history (your "Content"). But we do need certain licenses from you in order to perform our Services. When you signup to use our Services, you agree to these terms:
- We will not sell or divulge information about your shipment history except as expressly permitted by you; required by a court-of-law; for the purposes of providing the Services; or, for better understanding the use of the Services and the systems the deliver the Services.
- You grant to us, and others acting on our behalf, access to your shipment history for the purposes of analytics and reporting.
- You agree that, in the event that our analysis of your shipping history yields an insight that seems to us to be valuable to you, that we may notify you of our findings.
11. Shipment Refunds Canada's Intellectual Property
The content on Shipment Refunds Canada is protected in various ways. You do have the right to use it for certain personal purposes, but you can't use it for anything commercial without getting permission first.
Shipment Refunds Canada's Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of our Services.
Shipment Refunds Canada grants you a license to reproduce content from the Services for personal use only. This license covers both Shipment Refunds Canada's own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Shipment Refunds Canada or the relevant copyright holder. A "commercial purpose" means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
12. Deleting Your Account
You can delete your account at any time. If you delet your account, some content won't automatically won't go away.
You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content or history resulting from your use of the Site or Services. (For instance, if we've issued you an invoice, deleting your account will not automatically remove the invoice from the Site.) You can contact us at <a href="mailto:support@SRCanada.com">support@SRCanada.com</a> for additional information.
13. Our Rights
To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don't take these powers lightly, and we only use them when we absolutely have to.
Shipment Refunds Canada reserves these rights:
- We can make changes to the Shipment Refunds Canada Site and Services without notice or liability.
- We have the right to decide who's eligible to use Shipment Refunds Canada. We can cancel accounts or decline to offer our Services. (Especially if you're abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Shipment Refunds Canada in that jurisdiction.
- We have the right to cancel any refund request, at any time and for any reason.
- We have the right to reject, cancel, interrupt, remove, or suspend any account at any time and for any reason.
Shipment Refunds Canada is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
14. Warranty Disclaimer
We work hard to provide you with great services, but we can't guarantee everything will always work perfectly. This site is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you "as is" and "as available" and without warranty of any kind, express or implied.
Shipment Refunds Canada SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Shipment Refunds Canada SHALL CREATE ANY WARRANTY.
If you do something on Shipment Refunds Canada that winds up getting us sued, you have to help defend us.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees and other legal costs) that arise from or relate to your use or misuse of Shipment Refunds Canada. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you'll cooperate and help us in asserting any defenses.
16. Limitation of Liability
If something bad happens as a result of your using Shipment Refunds Canada, we're not liable (beyond a small amount).
To the fullest extent permitted by law, in no event will Shipment Refunds Canada, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Shipment Refunds Canada's liability for direct damages be in excess of (in the aggregate) one hundred Canadian dollars ($100.00).
17. Dispute Resolution and Governing Law
We're located in Ontario, and any disputes with us have to be handled in Ontario under Ontario's provicial law.
We at Shipment Refunds Canada encourage you to contact us if you're having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the Province of Ontario and those of Canada, without giving effect to any principles of conflicts of law, and without application of the United Nations Convention of Controls for International Sale of Goods. You agree that Shipment Refunds Canada and its Services are deemed a passive website that does not give rise to jurisdiction over Shipment Refunds Canada or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the Province of Onatario. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Shipment Refunds Canada, shall be filed only in the provincial or federal courts located in the Province of Ontario, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
18. The Rest
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they're the last word.) Thanks so much for reading them, and for using Shipment Refunds Canada!
These Terms and the other material referenced in them are the entire agreement between you and Shipment Refunds Canada with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Shipment Refunds Canada with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Shipment Refunds Canada to exercise any right provided for in these Terms in any way won't be deemed a waiver of any other rights.
These Terms are personal to you. You can't assign them, transfer them, or sublicense them unless you get Shipment Refunds Canada's prior written consent. Shipment Refunds Canada has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Shipment Refunds Canada will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
These updated terms will go into effect on Octobrer 18th, 2018, at 12 a.m. Eastern Time, and apply to all accounts and Services on or after that date.