Website User Agreement

 

Agreement

By accessing, visiting, or otherwise using sendle.com (“the Site”), you are entering into this Website User Agreement (the “Agreement”) with Sendle and you agree to be bound by the Agreement in connection with your access and use of the Site. This Site is owned and operated by Sendle Canada, Inc.

For purposes of this Agreement, “Sendle”, “us”, “we”, or “our” means Sendle Canada, Inc. if you are accessing the Site within Canada and Sendle Pty Ltd if you are accessing the Site from anywhere else in the world.

Please read our Terms and Conditions (the “Terms and Conditions”), which also govern your creation of an account on the Site, shipping a parcel or accessing, visiting or otherwise using the Site or any of our other products or services that link to the Terms and Conditions (collectively referred to as the “Services”). By accessing or using the Services, you also agree to be bound by Terms and Conditions and this Agreement. If you do not agree to the Terms and Conditions or this Agreement, you may not access or use the Services or the Site. To the extent you have also entered into and are subject to the Terms and Conditions, this Agreement is hereby incorporated by reference into, and forms a part of, the Terms and Conditions. In the event of a conflict between this Agreement and the Terms and Conditions, the Terms and Conditions will apply but only to the extent of resolving said conflict.

This Agreement may be amended from time to time at Sendle’s discretion and without prior notice to you. Visitors to the Site are encouraged to review this Agreement from time to time as your continued use of the Site will indicate your acceptance of the terms herein. 

This Agreement is effective on the earlier of the date (a) you click to accept the Terms and Conditions or the Agreement, or (b) you first sign up for an account, or otherwise use the Services. You acknowledge the Sendle Privacy Policy (the “Privacy Statement”) ,  as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Policy.

Intellectual Property Rights

Sendle retains all ownership rights over all intellectual property (registered or unregistered) available on the Site, and the Site content including, but not limited to, text, audio-visual effects, photographs, illustrations, graphics, themes, stories, dialog, settings, artwork, sound effects, musical works, other media and materials, Blog postings, and moral rights (“Site Content”). Sendle claims copyright over all  Site Content, including Blog postings, unless otherwise indicated.

License to You

The Site is provided to you through this license. Sendle retains all ownership and proprietary rights in the Site and hereby grants you the non-exclusive, non-transferable, limited right to access and use the Site.

The Site includes an Application Programming Interface (API) through which Sendle provides a number of services, such as quoting, booking and tracking parcels for delivery. Sendle is the owner of all intellectual proprietary rights in the API subject to this license whereby Sendle grants you the right to use and access the API for your own purposes, explicitly for sending your own parcels. 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. You acknowledge that you are only obtaining a limited right to access and use the Site and the API. No rights are granted to you under this Agreement other than as expressly set forth in this Agreement.

All Site Content available through the Site is owned by Sendle and Sendle’s third-party providers.  All Site Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Site Content and for your use of any Site Content.

This license commences upon your acceptance of this Agreement and continues until termination by Sendle or you. Sendle has the discretion to terminate or suspend your license immediately and without notice at any time, and without liability to you or any other person, and may take legal action against you if you have breached these terms. All rights not specifically granted under this Agreement are reserved by Sendle and, as applicable, its licensors.

This limited license excludes the right to:

(a) Frame or utilise framing techniques to enclose the Site or any portion of the Site;

(b) Republish, redistribute, transmit, sell, resell, license, sublicense, make available, rent or download the Sites or any and/or all Site Content (except caching or as necessary to view the Site);

(c) Make any use of the Site or any and/or all Site Content other than for personal use;

(d) Modify, alter, reproduce, copy, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;

(e) Collect account information for the benefit of yourself or another party;

(f) Use any meta tags or any other hidden text utilising any and/or all Site Content;

(g) Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;

(h) Download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it;

(i) probe, scan or test the vulnerability of the Site;  or

(j) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, 

By using this Site, you agree NOT to modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content.

Your License to Sendle

By posting, submitting or otherwise publishing any material to the Site, you are representing: 

(i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and 

(ii) that you are eighteen years of age or older. 

By submitting or posting any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and publicly display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. You also grant the discretionary right to identify you as the author of any of your postings or submissions by name, email address or screen name.

This license includes the right to host, index, cache or otherwise format any material you post, submit or otherwise publish to the Site.

You agree that Sendle is not responsible for any violations of any third-party intellectual property rights in any materials you post, submit or otherwise publish to the Site. You agree to pay all royalties, fees and any other monies owing to any person by reason of the materials uploaded, displayed or otherwise provided by you to the Site. You will only include the personal information of another individual if you have the express permission of that individual or if you are otherwise entitled to do so at law.

Sendle has the right, without notice, to remove or refuse to post any materials submitted, posted or otherwise published by you. Sendle has no obligation, nor any responsibility to any party to monitor the Site and does not and cannot undertake to review material that you or other users submit. Sendle cannot ensure prompt removal of objectionable material after it has been posted and Sendle has no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, subject to applicable laws. 

You also grant to Sendle and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) license to use and incorporate into the Site and the Site Content any news story ideas, facts, sources, descriptions, suggestion, enhancement request, recommendation, correction or feedback in the form of message, text, images, graphics, photos, audio, video and any other content provided by you.

Limitations on Linking

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your Site by Sendle, which does not exist. 

Sendle’s Obligations

Sendle reserves the right to make changes to the Site, its operation and application at any time without prior notice.  Sendle may engage a third party to provide technical assistance with the Site. Sendle will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and take steps to repair technical issues that arise from within the Site within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use. 

Conditions of Use

You agree to use the Site in accordance with this agreement, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to Sendle. 

You agree that you will not upload or provide content on the Site which is:

(a) Defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;

(b) Infringes the intellectual or other proprietary interests of third parties;

(c) Contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach this Agreement;

(d) Violates any law; or

(e) Encourages or incites any other person to engage in any of the above behaviour;

You also agree that you will not :

(f) Use technology or other means that is not authorised by Sendle to access the Site;

(g) Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Site;

(h) Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Sites or the Facebook Page;

(i) Gain or attempt to gain unauthorised access to the Sites or Facebook Page including the networks or user accounts; or

(j) Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site,  servers or networks. 

Third Party Links

At times we may provide links and pointers to third party Sites. Once you leave our Site and move to a linked Site, you will be subject to the third party’s terms and conditions and privacy obligations.  Sendle does not have control or responsibility over the content or security of third party linked Sites. Opinions expressed or material on third party Sites are not necessarily shared or endorsed by Sendle.  Sendle uses a linked third party payment provider and Sendle does not provide any guarantees or warranties in relation to the functionality or security of that third party provider.

Sendle’s Use of Non-identifiable information 

Any non-identifiable information gathered by us through your use of the Site may be used by Sendle for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customise and personalise user access, user experience on the Site. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.  

Third Party Services and Content  

The Site may allow you to access and use services provided by third parties (“Third Party Services”). You are responsible for all fees and taxes that may be charged for the use of Third Party Services. You use any Third Party Services at your own risk. Sendle makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. Sendle does not guarantee the continued availability of Third Party Services, and Sendle may disable a Third Party Service in Sendle’s sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider. Accordingly, Sendle expressly disclaims responsibility and liability for all Third Party Services, and you agree that Sendle shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly.

Warranties

The Site and Site Content is provided on an “as-is” and “as available” basis, and Sendle (and our suppliers) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Sendle makes no warranty that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. 

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Sendle does not warrant that the functional aspects of the Site will be error free or that the Site, its content or the server are free of viruses or other harmful components.  Sendle maintains current anti-virus software, however to the extent provided by law,  we do not guarantee against third party interference. Sendle does not warrant that the Site will be uninterrupted or error-free, or that Site or its content will be compatible with third party software or hardware.  Sendle is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond our reasonable control. 

Your sole and exclusive remedy for dissatisfaction with the Site or Site Content is to stop using them.

The advice and information contained within this Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.   Any views expressed are the views or opinions of Sendle and we do not guarantee that any information provided is up to date or error free.

Indemnities

You agree to indemnify Sendle and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim or demand, including costs and attorneys’ fees, arising directly or indirectly from your acts and omissions in using the Site pursuant to the terms of the Agreement, including violation of this Agreement or of any applicable laws or regulations. Sendle reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.  You agree not to settle any matter without the prior written consent of Sendle.  Sendle will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Sendle (or our suppliers) be liable to you or any third party for any lost profits, loss of goodwill or reputation, lost data, costs of procurement or substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if Sendle has been advised of the possibility of such damages. access to, and use of, the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, Sendle’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty Canadian dollars (CAD$50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Breaches of This Agreement

Sendle reserves the right, at its sole discretion, to take any of the following actions if we reasonably suspect that a breach of this agreement has occurred:

(a) issue a formal warning;

(b) suspend or prohibit access to the Site;

(d) block computers using your IP address from accessing the Site;

(e) contact any or all your internet service providers and request that they block your access to the Site;

(f) take legal action against you, and

(g) suspend or delete your account on the Site.

If we suspend, prohibit or block your access to the Site or a part of the Site, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.

Governing Law

These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to: 

(a) the Site or the Site Content, or 

(b) this Agreement, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to 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 the laws of any other jurisdiction. 

You and Sendle each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, 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 this Agreement, 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.

Export Controls 

These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America (U.S.), Canada or Australia of the Site or the Site Content, or any information about any of them, which may be imposed from time to time by the governments of the U.S., Australia or Canada. You shall not export the Site or the Site Content, 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 a U.S., Australian or Canadian government embargo, or that has been designated by the U.S., Australian or Canadian government as a “terrorist supporting” country, and 

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

Injunction  

You acknowledge that any breach, threatened or actual, of this Agreement 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 this Agreement, 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 this Agreement.

Class Action Waiver  

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

(a) the Site or the Site Content, or 

(b) this Agreement, 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. 

General  

If any provision of this Agreement is unlawful, void, or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of Sendle granted or recognised in this Agreement are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. 

In this Agreement: 

(a) references to currency are to the lawful money of Canada, 

(b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organisations, societies and all other organisations and entities recognised by law, and 

(c) “including” (and similar variations) means including without limitation. 

This Agreement, together with the Terms and Conditions and any additional service terms presented on the Site (“Additional Service Terms”) represent the entire agreement between you and Sendle with respect to use of the Site and the Site Content, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and Sendle with respect to any of the foregoing. 

Failure by Sendle to insist on strict performance of any of the terms or conditions of this Agreement or any Additional Service Terms will not operate as a waiver by Sendle of that or any subsequent default or failure of performance. Sendle’s affiliates, Sendle’s directors, officers, employees, partners, suppliers, and agents are third party beneficiaries of the sections titled “Warranties”, “Indemnities” and “Limitation of Liability”. 

There are no other third-party beneficiaries of this Agreement. You may not assign this Agreement without the prior written consent of Sendle. This Agreement will ensure to the benefit of and will be binding on you and Sendle and your and its respective successors and permitted assigns.

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