Terms and Conditions

1. Agreement

1.1. Please read these Terms and Conditions carefully. These Terms and Conditions constitute a legally binding agreement between you and Sendle Canada, Inc (“Sendle”). By registering an account or sending or receiving a parcel with Sendle (the “Services”), you agree to be bound by these Terms and Conditions. Sendle may amend these terms and conditions from time to time, so we encourage you to review this page as continued use of the Site will indicate your acceptance of them.

These Terms and Conditions should be read together with our Website User Agreement and Privacy Policy. If you do not accept these Terms and Conditions, you must not access or use the Services. If you are dissatisfied with these Terms and Conditions or any other terms, conditions, rules, policies, guidelines or practices applicable to the Services, your sole and exclusive remedy is to discontinue access to and use of the Services.

2. Requirements of Use

2.1. You must be at least eighteen (18) years of age to use our Services; and by doing so you warrant and represent to us that you are at least eighteen (18) years old.

2.2. To access our services, you may wish to open an account with us. You are responsible for maintaining confidentiality of your account, username and password information. You are solely responsible for all activities that occur under your account, Sendle is not responsible for any unauthorised transactions made through your account.

2.3. If you are accessing and using an account on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions.

2.4. By opening a Sendle account you represent and warrant that the information provided is true and correct, and that you shall abide by all applicable local, provincial and foreign laws, treaties and regulations in connection with use of your account or the Services, including those related to data privacy, international communications, international postage and the transmission of technical or personal information. You agree to indemnify Sendle for any loss, damage or claim that is made against or suffered by Sendle arising from a breach of this term.

2.5. You warrant that you hold the copyright to any images uploaded to the Site or that you have the authority of the copyright owner and/or necessary licenses, rights, consents and permissions to upload any images to the Site.

2.6. Sendle retains the right to close an account anytime for any purpose whatsoever.

2.7. Sendle's shipping labels are only valid for 30 days. After that time, they cannot be used.

3. Our Services

3.1. Sendle facilitates the booking and delivery of parcels. Sendle provides its services in accordance with Canadian laws. Sendle is not a common carrier, and we do not accept any liability as a common carrier. Sendle may refuse to provide services at its discretion.

4. Parcel Requirements

4.1. Sendle will only arrange delivery of parcels that respect the size and weight limits of the Sendle services. We reserve the right to refuse to take goods for delivery that exceed our size and weight limits.  

4.2. Sendle also reserves the right, in our sole discretion, to refuse any package that, due to the nature or character of its contents, may soil, taint, or otherwise damage other shipments, or which is economically or operationally impractical to transport. 

4.3. Sendle will not accept possession of or deliver the following:

  • Hazardous, dangerous, prohibited or illegal goods 
  • Shipments prohibited by law or that require us to obtain a local, state, or federal license for their transportation
  • Shipments that may cause damage or delay to equipment, personnel, or other shipments
  • Arms / weapons (including dummy, non-firing, or museum replicas and ammunition)
  • Munitions of war
  • Knives or sharp objects
  • Living goods and perishables 
  • Live animals, birds and insects (or their remains) and animal products (including furs and ivory)
  • Cigarettes or tobacco products
  • E-cigarettes and any of their components (vaping products)
  • Alcoholic beverages with an ABV of 0.6% or greater (except for alcohol-containing medicines and alcohol not intended as a beverage)
  • Marijuana (both medical and recreational), CBD, or hemp
  • Narcotics and controlled substances legally obtained
  • Medicine and prescription drugs
  • Nail polish
  • Perfumes
  • Airbags
  • Cash, bank bills, notes or currency (including coins, bonds, stocks or other negotiable securities)
  • Counterfeit goods
  • Gold or any other precious metals (costume jewellery doesn’t count) 
  • Human remains in any form
  • Plants, seeds, flowers, fruit and vegetables
  • Seafood, fish, meat and poultry (fresh or frozen)
  • Biological substances
  • Some batteries (more info on things you can't Sendle)

4.4. Sendle has the right to open and inspect parcels at any time, without notice to the sender or recipient, to determine the nature, condition, ownership or destination of the contents.

4.5. Sendle also has the right to do anything deemed appropriate in its sole discretion, if we think a parcel contains goods that are listed in 4.3 above, or contains goods that have not been properly described, declared or that may become dangerous. This includes the right to destroy or dispose of the goods or contact any relevant authorities to do so. In this case, Sendle has the right to charge the sender of the goods for any disposal costs.

4.6. Sendle is not liable for the non-delivery of goods under this clause.

5. Sender Obligations

5.1. The sender is responsible for ensuring that:

  • The parcel is within the size requirements, 
  • The goods are properly packaged for transit given the nature of the goods and any notification is given with respect to special handling requirements, 
  • The goods are accurately described in content and value, 
  • The goods are not of the nature described in Section 4.3 above, 
  • All declarations made in relation to the goods are true and correct, and 
  • The delivery instructions displayed on the parcel are clear and correct.

5.2. The Sender warrants that they are the owner or have the authorisation of the owner of the goods and are authorised to send them.

5.3. Senders and recipients agree to indemnify and hold harmless Sendle against any cost or liability incurred, paid by Sendle in dealing with any claim against Sendle for loss or damage to property, illness, injury or death that arises from:

  • The contents of a parcel; 
  • Packaging and parcels over our maximum size and weight limitation; 
  • The insufficient, or improper packing, labelling or marking of a parcel; 
  • The sender or recipient’s breach of these terms and conditions or any applicable laws and regulations; 
  • A negligent or unlawful act or omission, or wilful misconduct by the Sender, recipient or any person acting for them.

5.4. The indemnity contained in Section 5.3 above may be enforced without Sendle suffering the actual loss or damage.

5.5. The Sender represents and warrants that it shall comply with all applicable customs, import, export, data protection laws, sanctions, embargoes and other laws and regulations.

5.6. The Sender acknowledges that loss or damage are insurable risks, obtaining insurance is the responsibility of the Sender and choosing not to do so is at the Sender’s own risk.

6. Owner’s Risk

6.1. These items are deemed to be at owner's risk (that is, they are NOT covered by Sendle Cover):

  • Irreplaceable items or items with a value exceeding $100.00 
  • Legal documents
  • Fine art
  • Articles of high/unusual value
  • Jewellery, gems, trinkets or personal ornaments like rings, necklaces, trinkets or other items containing jewels or precious metals or industrial diamonds
  • Items longer than 3 metres for any shipment traveling by ground, or longer than 2.5 metres if traveling by air transportation
  • Confectionery products, including potato chips, chocolate, pastries or baked goods
  • Personal effects

6.2. If you choose to send these goods with Sendle despite our warnings, you do so at your own risk and without liability to Sendle. We strongly advise you to arrange coverage for loss or damage. It is the Sender’s responsibility to obtain any necessary consents or pre-approvals prior to use of our Services.

 

7. Our Application Programming Interface

7.1. Sendle provides a number of services, such as quoting, booking and tracking, via its Application Programming Interface (API).

7.2. Sendle is the owner of the API however, we give you the right to use the API for your own purposes, explicitly for sending your own parcels. No rights are granted to you under these Terms and Conditions or our Website User Agreement for use of the API or our Services other than expressly set forth in these Terms and Conditions. 

7.3. If you wish to use the API for the purpose of sending parcels for other parties, you must first seek the permission of Sendle to do so and adhere to any requirements set by Sendle from time to time. You can seek this permission by contacting the Sendle business team.

7.4. This term should be read in conjunction with our Website User Agreement which sets out additional terms related to your use of the API, including our (and your) intellectual property rights, in more detail.

7.5. You are solely responsible for any data charges and similar fees associated with your use of the API or our Services through a mobile device.

8. Collection

8.1. Sendle will not arrange for the collection of goods on weekends or public holidays as they apply nationally, and to each state.

8.2. Sendle will endeavour to pick up the parcel on the day specified, however, we do not provide a particular time for collection, nor do we call ahead to confirm that we are on our way.

8.3. All parcels must be ready for collection on the designated date, including having a unique delivery label or Sendle reference attached. If a parcel is not ready when the courier arrives for collection, the delivery will be considered futile and the delivery fees may be forfeited. Sendle may also charge a service fee for parcels considered futile. We will only collect parcels from the location specified in the pickup instructions.

8.4. Parcels left unattended for collection are left at the responsibility of the Sender. Sendle does not have liability for any loss or damage that occurs to unattended parcels.

8.5. Our delivery agents reserve the right to decline to enter any premises that they deem to be dangerous or unsafe. If this occurs, Sendle will attempt to contact the sender to make alternative arrangements, failing which the parcel will be tagged as a futile collection attempt.

9. Delivery

9.1. Depending on our network of delivery providers we may not deliver to PO Boxes, locked bags or parcel lockers and deliveries are not made on weekends or public holidays as they apply nationally and to each province.

9.2. We provide customers with an estimated date of delivery, however, these estimates are subject to change and are not guaranteed.

9.3. All parcels are tracked within Sendle’s network of delivery providers. A parcel may be forwarded outside of this network and Sendle will cease receiving the tracking information. 

9.4. Parcels may be left unattended at the delivery address when marked “No Signature Required” or “NSR” if the delivery provider deems it safe to do so. Sendle holds no responsibility for goods left unattended at a delivery address when the parcel is marked “NSR”.

9.5. When choosing “NSR” the sender can select from a list of delivery instructions. These instructions may not be applicable or be ignored in some countries where postal providers are following different processes.

9.6. If a parcel has been returned to the depot and no instructions are provided by the receiver within 5 days the parcel may be returned to the sender at the discretion of the network provider.

9.7. Sendle may make one attempt to re-deliver the parcel free of charge.

9.8. If the first re-delivery attempt is unsuccessful, then the receiver may be able to arrange to collect the parcel from the courier or pay for a new delivery.

9.9. In some cases, Sendle may allow a parcel to be marked as ‘Signature on Delivery’. Where a parcel is marked “signature on delivery”, the delivery agent will require a signature to deliver the parcel. The signature is a record only of delivery to the address on the label, Sendle is not responsible for ensuring delivery to a particular recipient at an address.

9.10. We rely upon the delivery details provided by the Sender, if an item is not accepted for delivery the parcel may be returned to the Sender.

9.11. Our delivery agents reserve the right to decline to enter any premises that they deem to be dangerous or unsafe. If this occurs, Sendle will attempt to contact the receiver to make alternative arrangements, failing which the parcel will be returned to the sender.

10. Payment

10.1. A valid credit card payment is required to be connected to your Sendle account at the time of placing an order through the Sendle website. Sendle accepts payments through a third party payment gateway. As set out in our Privacy Policy, Sendle does not store any credit card details.

10.2. Sendle may choose to take payment for an order immediately at the time of placing an order, or on a weekly basis where a single payment will be taken for one or more orders.

10.3. If a credit card payment fails, Sendle may either retry the payment after a number of days or choose to lock your account.

10.4. At times additional costs may apply due to taxes, duties or imports.

10.5. Sendle reserves the right to charge an additional fee in the event that the booking weight or volume of your parcel is less than the measured weight or volume. This additional fee will be the difference in the cost of delivery between the booking weight or volume and the measured weight or volume. A service fee may also be charged in addition to the difference of the booking weight and the actual weight. All measurements by Sendle and its delivery providers are final.

11. Cancellations or Changes

11.1. Changes to delivery information can only be made prior to the parcel being collected.

11.2. If a change to the delivery address arises once the parcel is in transit, a new delivery charge will apply. We cannot guarantee that we will be able to communicate the new address to the delivery agent.

11.3. An order can only be cancelled prior to collection, in which case a full refund will be provided. Orders cannot be cancelled once they have been collected.

12. Disclaimer and Limited Liability

12.1. Without limiting the operation of applicable laws, Sendle excludes all conditions, warranties, representations, terms, conditions, covenants and guarantees (express, implied or statutory) in connection with the Services.

12.2. Parcels sent using our Services are sent at your own risk. Sendle excludes liability for any loss or damage that occurs during transit that is:

  • Attributable to the misconduct of someone acting on your behalf, 
  • Ordinary wear and tear, 
  • Leakage from your Goods, 
  • Ordinary loss in weight or volume shrinkage, 
  • Ordinary leakage, 
  • Inappropriate packaging, 
  • Delay caused by an event outside of our control 
  • Mould, moths, insects, rats or vermin, 
  • Electrical or mechanical breakdown or malfunction unless there is visible external evidence of physical damage to the Parcel, 
  • Rust, oxidisation or discolouration, or 
  • Caused by strikers, locked-out workers, people taking part in labour disturbances, riots or civil commotions.

12.3. For domestic Canadian deliveries, Senders must contact Sendle within 20 days of the last date in the “Delivery ETA” range if the goods have not been received. If your parcel is declared lost or damaged by the Sendle team, we’ll cover both the cost of replacing the item up to $100 as well as the taxes and the cost of delivery. This cover comes at no extra charge and includes all eligible parcels. For more details, see Sendle’s Cover Policy. This is your sole and exclusive remedy and liability for any lost or damaged packages.

12.4. For clarity, Section 12.3 does not apply to goods that are lost while left unattended at the Sender’s authorisation, or parcels containing contents considered prohibited by Sendle or were sent at ‘owner’s risk’.

12.5. Sendle is not liable to pay for any direct, indirect, economic, special or consequential loss or damage including but not limited to loss of sale, revenue, profit, production, business or claims made by you or made against you in relation to the Services, regardless of foreseeability.

12.6. Without limiting any rights at law, Sendle and its directors, officers, employees, partners, suppliers and agents, and providers of any third party services, liability for all claims, damages, losses, liabilities, costs and expenses (including legal fees and expenses) is limited to the cost of supplying the services again.

12.7. In some circumstances, applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

13. Indemnity

13.1. You will indemnify and hold Sendle (and Sendle’s directors, officers, employees, partners, suppliers and agents) harmless from all losses, claims, damages, liabilities, costs and expenses (including legal fees and expenses) arising from your use of the Services, or your breach of any of these Terms and Conditions, and from all Losses resulting from any materials that you submit for use with the Services that is untrue, inaccurate or incomplete.

14. Force Majeure

14.1. Except for obligations to make payment, non-performance by any Party will be excused to the extent that performance is rendered impossible or impractical due to circumstances beyond the reasonable control of a Party, including by acts of God, lightning strike, earthquakes, floods, storms, explosions, fires and any natural disaster, pandemics, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution or governmental acts, orders or restrictions.

15. Export Controls

15.1. These Terms and Conditions are expressly made subject to any laws, regulations, orders or other restrictions on export from Australia, the United States of America (U.S.) or Canada of the Services, or any information about any of them, which may be imposed from time to time by the governments of Australia, the U.S. or Canada. You shall not export the Services, or any information about any of them without the prior written consent of Sendle and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that 

(a) you are not located in a country that is subject to an Australian, U.S. or Canadian government embargo, or that has been designated by Australian, the U.S. or Canadian government as a “terrorist supporting” country, and 

(b) you are not listed on any Australian, U.S. or Canadian government list of prohibited or restricted parties.

16. Governing Law

16.1. If any provision of this Agreement is invalid under any law the provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply to the laws of any other jurisdiction, and the parties agree that any claim, dispute or controversy arising out of this Agreement will be heard in the courts of Ontario, except that, notwithstanding the foregoing: 

(a) you agree that Sendle shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions, and 

(b) you agree that Sendle shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognising and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order.

17. Currency

17.1. Unless otherwise specified in this Agreement, all references to currency, monetary values and dollars set forth herein shall mean Canadian dollars and all payments hereunder shall be made in Canadian dollars.

18. Injunction

18.1. You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable harm to Sendle, such harm would not be quantifiable in monetary damages, and Sendle would not have an adequate remedy at law. You agree that Sendle shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Sendle post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Sendle to enforce any provision of these Terms and Conditions.

19. Class Action Waiver

19.1. Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to: 

(a) the Services, or 

(b) these Terms and Conditions, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, 

will be conducted solely on an individual basis. Neither you nor Sendle will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.

 

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