Terms & Conditions
Terms & Conditions
These terms and conditions govern your relationship with Machool Technologies Ltd. ("Machool"), and your use of both the Machool website service (the "Service" or "Services") and the Machool webstore (the "Webstore" and together with the Services, the "Machool Products").
1. ACCEPTANCE OF TERMS AND CONDITIONS
Machool operates the Services that act as an interface between you and various couriers offering shipping services. When you use the Services, you will be entering into a contract with Machool and with the specific courier that ships your package. Machool also operates the Webstore in which you can purchase items. When you use the Webstore, you will be entering into a contract with Machool. By using or accessing the Machool Products, you acknowledge that you have read, understood and agreed to be bound by the following terms and conditions set out in this document (the "Machool Terms and Conditions" or the "Agreement"). Except as otherwise specifically provided, none of the materials published by Machool may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form and in any manner without Machool's prior written permission. You may not mirror any materials contained on this website. Permission is hereby granted for you to make a single copy of documents or materials published by Machool on this website solely for informational purposes and for non-commercial use within your organization, provided that you keep intact all copyright and other proprietary notices and legends. Machool does not authorize any other use of the information or materials provided.
All monetary amounts referred to in this Agreement are to be understood as amounts in lawful currency of Canada.
3. WEBSTORE USE
If you are using the Webstore without a Machool account, you represent that you are at least 18 years old, legally authorized to enter into contractual obligations, and must use the Webstore in accordance with this Agreement. Machool reserves the right to terminate your use of the Webstore for any reason.
Your account membership for the Services shall commence upon the date of registration. By registering for an account with Machool (the "Machool Account"), you agree to provide accurate and current information about yourself as prompted by the Machool registration pages and maintain and promptly update your online profile information to keep it accurate and current. The customer registering for a Machool Account must be at least 18 years old, be legally authorized to enter into contractual obligations at the time of registration, and must use the Services in accordance with this Agreement. Machool Accounts will remain active unless we terminate it or you notify us by mail or e-mail (receipt of which must be confirmed by e-mail reply from us) of your decision to terminate your Machool Account. If you choose to terminate your Machool Account, your Machool Account will be terminated within thirty (30) days of you receiving a response from Machool.
5. CHANGES TO YOUR ACCOUNT
We may change the terms of this Agreement at any time without notice. We reserve the right to change our prices at any time without notice. You signify that you agree to be bound by such changes by using Machool Products after changes are made to the terms of this Agreement.
6. YOUR ACCOUNT
7. EXTENT OF LIABILITY
The courier selected by you or Machool for transportation of your shipment related to any of the Machool Products, is liable to you within the fullest extent of their terms and conditions. All legal actions that may arise in connection to your shipment must be brought against the courier selected by you or Machool. Machool shall not be liable in any way for any damages whether direct, indirect, special, incidental or consequential, including but not limited to the following: loss of profit or revenue incurred as a result of Machool's acts or omissions including but not limited to gross negligence, negligence causing damage, loss of the shipment, damage to the shipment, theft of the shipment, improper packaging, improper handling or delay of the shipment even if Machool is advised in advance that such possibility exists.
8. FEES AND PAYMENT FOR SERVICES
You agree to immediately pay or pay upon such terms as are agreed between Machool and you, the related service fees and any other charges incurred in connection with your username and password for the Machool Products (including any applicable taxes) at the rates in effect when the transaction was initiated. All accounts with Machool are due upon receipt unless otherwise stated in writing. The Service is free to access and will contain automation tools (such as integration to accounting software, cost center, etc.). Transactions are performed through your Machool Account with the selected courier. You will be charged per transaction through your credit card kept on file, and you hereby authorize Machool to do so. Customers will be eligible for our tiered discount system upon creating a Machool Account. The more you ship with Machool, the more savings you are entitled to. The percentage of discount that will be given with respect to each tier of discount will be at the sole discretion of Machool and will vary based on the rates Machool is able to obtain from third-party shipping companies ("Machool Rates"), on the frequency of shipments, on the shipping company chosen by the user, and other factors that are beyond the control of Machool. Machool reserves the right to change the discount available to customers at any time without notice. Machool reserves the right to correct any pricing errors on our website and/or on shipments made under an incorrect price. In such event, Machool will offer you the opportunity to keep your shipment at the correct price or we will cancel your order without penalty. Machool is under no obligation to provide Services to a customer at an incorrect (lower) price, even after the customer has been sent confirmation of his/her shipment. Administrative charges may be levied for administration or account processing activities in connection with your Machool Account, including, without limitation, as a result of the following: collection efforts due to non-payment, returned or rejected payments. You agree that we can charge all costs incurred by Machool to collect overdue invoices. In the event that shipping costs of your package increase due to underreported package size or weight, Machool shall charge your credit card kept on file for this increased cost, and you hereby authorize Machool to do so. It is your responsibility to ensure that your credit card has a sufficient balance to carry the costs of shipping your package. You acknowledge that, in the event that your credit card is declined, your shipment may not be processed and may be suspended, which may result in a delayed delivery time or cancellation of your shipment. In the event that your credit card is declined, Machool reserves the right to charge an administrative fee to your credit card kept on file, and to terminate your Machool Account without further notice. Upon cancellation of any shipment either by Machool or by a third-party courier, Machool will use commercially reasonable efforts to refund the cost of the shipment minus any incurred administrative expenses to your credit card kept on file within ten (10) business days. You are required to bring any dispute that you may have with regard to billing to Machool's attention no later than thirty (30) days after billing occurs. No billing disputes will be entertained after this time, and you will be deemed to have irrevocably accepted the validity and quantum of all such bills.
9. RATE INFORMATION
Rate information for the Services published on this website is subject to change without notice. Machool has no control over such rate information and you agree to bear all risks resulting from your reliance on any such information. Machool may make improvements and/or changes to this website and/or information contained therein at any time without notice. Any references to non-Machool products or services on this website are for informational purposes only and do not constitute a recommendation or endorsement of such products or services by Machool or any other third party. Rates on the website for couriers we do not ship with could either be retail or list rates for each courier.
10. ACCURACY OF INFORMATION PROVIDED
Machool is not responsible for information submitted by users or account holders on the Machool website or within the use of the Machool Products. Users or account holders are solely responsible for the accuracy of the information that is used in conjunction with the Machool Account and the Machool Products. This includes, but is not limited to, information concerning the user and package criterion (destination, origination, type of service requested, weight, dimensions, content, etc.). Users or account holders are solely liable for any variations in costs due to any discrepancies that arise as a result of inaccurate information being provided on Machool's website or within the use of the Machool Products. Such discrepancies may result in situations including, but not limited to, increased costs of shipment due to inaccurate package weight, package dimensions, package contents or package value. Where such costs vary as a result of the inaccuracy of user provided information, the user acknowledges and agrees that any increase in costs and any associated costs incurred by Machool or any third party in connection with the provision of inaccurate information shall be charged through their credit card kept on file.
11. PROHIBITIVE ITEMS AND DANGEROUS GOODS
It is your responsibility to ensure the items that are being shipped are of legal content and substance. Users are encouraged to review the specified courier's terms and conditions, along with restrictions on items that can be shipped by the courier, before selecting the courier. Machool is not responsible for the contents of the items that are being shipped. Users are solely responsible for the items they ship.
12. RIGHT OF INSPECTION
Machool reserves the right to open and/or inspect any shipment tendered to it, at any time, without notice, and for any reason, but is not obliged to do so. Governmental authorities may also open and inspect any shipment at any time without notice.
13. PACKAGING REQUIREMENTS
Couriers require that all shipped goods conform to International Safe Transit Association packaging standard 3A, and it is your responsibility to ensure that packages you ship conform to this standard. You are advised and you acknowledge that any failure to package shipped goods to this standard may result in the courier's refusal to ship or to insure your packages. You further acknowledge that you are familiar with and agree to any restrictions on goods to be shipped that the courier you select may have in force from time-to-time, and that all goods you choose to ship adhere to any such restrictions or guidelines of the selected courier. You acknowledge that any non-compliant packages that you do ship are shipped at your own risk, and that you are not entitled to claim a refund of any costs associated with your use of the service, transportation or any loss or damage to such shipped items from Machool.
14. SHIPPING ISSUES
Issues arising from delayed, lost or damaged packages must be addressed to the courier that was selected by you and is not the responsibility of Machool. Machool is not responsible for any refunds in connection with shipments that do not meet service guarantees or estimated delivery dates by a courier. Machool is not responsible for packages that are not picked up by the courier from you. Any disputes arising from your use of a courier's services are the sole responsibility of you and the courier.
15. REFUSAL OF PACKAGE OR SERVICE
Machool reserves the right to refuse any shipment, which, in its sole opinion, does not comply with the Machool Terms and Conditions or the terms and conditions of carriage of any courier, or which may cause damage to, taint or soil any equipment owned, leased or operated by Machool or a courier. Reasons for refusal include but are not limited to a shipment being improperly packaged, wrapped or labeled. Machool reserves the right to refuse and/or cancel Services or terminate the Machool Accounts of customers who exhibit aggressive or abusive behavior towards any staff or contractor of Machool. Upon cancellation of any shipment either by Machool or by a third-party courier, Machool will use commercially reasonable efforts to refund the cost of the shipment minus any incurred administrative expenses to your credit card kept on file within ten (10) business days.
16. INSURANCE ON SERVICE
Machool does not warrant or provide any insurance whatsoever on items being shipped using the Machool Products. Users are encouraged to review the courier's or insurance provider's terms and conditions along with their insurance coverage before selecting a courier. If coverage was purchased using a third party insurance provider or courier insurance through the Services, claims must be made directly with that insurance provider and not Machool. Machool is not responsible for any claims or subsequent damages resulting from lost, delayed or damaged packages.
17. RETURNED SHIPMENTS
When using the Services, you agree to be solely responsible for the cost of returning any shipment refused by the courier or that cannot be delivered for any reason. You are also responsible for payment of any duties, taxes or fees as applicable.
Returns of purchases from the Webstore will be accepted within 15 days of the purchase date. You are responsible for any cost associated with the return, including but not limited to the cost of shipping and the restocking fee set by Machool. Returns received more than 15 days after the date of purchase will not be accepted and will be returned to sender. Returned merchandise must be unused and in new condition with original packaging. Refunds will be in the same form of payment originally used for the purchase. For credit card refunds, please allow one or two billing cycles for the credit to appear on your statement.
19. SHIPPING LABELS, DELIVERY AND TRACKING
You acknowledge that waybills created via Machool's website for your package MUST be printed and attached to your package prior to shipping. Handwritten waybills are not permitted, and if used, will result in the rejection of the shipment by Machool. Users are solely responsible for any costs, delays, inconveniences or losses incurred by the user, Machool or any other third-party due to the use of handwritten waybills by the user. It is your responsibility to ensure that your package, once ready for shipment, is received by the courier you select. Machool shall not be responsible for missed or incorrect package pick-ups and any delay in package delivery that may result. The courier you select may not contact you if there are problems with your shipment. Therefore, you are solely responsible for tracking your package, for contacting both the courier and Machool if a problem with shipping occurs and for correcting the problem. Notwithstanding the previous paragraph, in the event that a waybill containing incorrect information relating to the shipping address is created by you via Machool's website and Machool has to correspond with the selected courier to correct the information, Machool shall charge an address correction fee of $13.50 plus applicable taxes. This fee shall be charged to your credit card kept on file, and you hereby authorize Machool to do so.
20. INTERRUPTION OF SERVICE
Machool shall not be held liable for any interruption of the Machool Products caused by actions beyond Machool's control.
21. INTERNATIONAL SHIPMENTS
You are responsible for all applicable international treaties, laws, regulations or requirements of any country to, from, through or over which your shipment may be carried when using the Service. You are responsible for any customs requirements, import laws and regulations of any country to, from, through or over which your shipment may be carried when using the Service. You agree to furnish such information and complete such documents as are necessary to comply with such treaties, laws, regulations, orders or requirements when using the Service. If the local law or other conditions exist that do not allow customs clearance by the courier or requires a third-party customs broker, you are responsible for all costs incurred in relation to any alternatives necessary to execute the shipment. Machool and the courier assume no liability to you or any other person due to your failure to comply with this provision.
22. SUSPICIOUS SHIPMENTS
If a package is deemed to be suspicious by Machool, its banking partners, the courier or law enforcement, Machool will report this to the appropriate government authorities. Suspicious shipments will lead to your package being intercepted without return. Further action will be initiated by Machool with the proper authorities and online sources. You agree that intercepted items may be used to recover the cost and time associated with suspicious shipment. You agree to bare the costs of all services despite the shipment not being delivered to the intended destination.
23. LIMITATIONS ON USE
Only one individual may access the Service at a time using the user name, password or account profile provided by Machool, unless we agree otherwise. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Service may violate specific courier regulations, terms and/or agreements, any laws, regulations or rulings, infringe upon another person's rights or violate the terms of the Machool Terms and Conditions. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. If there is evidence of fraud in relation to your account usage, Machool reserves the right to void the label and/or have the package returned to sender. In such cases, Machool has the right to send information concerning the fraud to concerned parties including but not limited to local authorities.
24. THIRD PARTY WEBSITES
Machool may provide hyperlinks or pointers to other websites maintained by third parties. Links to any such third party websites are provided for your convenience and information only. The content of any linked website is not under the control of Machool and should you decide to access any such website, you do so entirely at your own risk. Machool is not affiliated with any linked third party website, and neither offers, endorses, sponsors or authorizes any linked website or the content contained therein.
25. INTELLECTUAL PROPERTY
The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property available through the Services is the property of Machool Technologies Ltd. or the property of other third parties and is protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the content received through the Services to anyone. "Machool" and the Machool logos are trade-marks of Machool Technologies Ltd. All rights reserved.
26. ENFORCEMENT OF TERMS OR CONDITIONS
Any failure by us to enforce or apply a term or condition of this Agreement does not constitute a waiver of that term or condition, and does not otherwise prevent Machool from relying on such term or condition.
If any provision of these terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace any invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent of the invalid and/or unenforceable provision.
28. FUTURE CHANGES TO TERMS AND CONDITIONS
Machool reserves the right to unilaterally modify, amend, change or supplement the Machool Terms and Conditions without notice to you. Only an executive officer of Machool may authorize a supplement to, or modification, change or amendment of, the Machool Terms and Conditions. No other agent or employee of Machool, its affiliates or subsidiaries, nor any other person or party, is authorized to do so.Your continued use of the Machool Products constitutes your acceptance of any changes to the Machool Terms and Conditions and any changes will supersede all previous versions of the Machool Terms and Conditions. All changes to the Machool Terms and Conditions apply to all users, including those enrolled before the date the changes take effect.
29. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
You agree that your access to, and use of, the Machool Products and the content available through the Machool Products is on an "as-is", "as available" basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose. In the interest of clarity, you use the website and any information contained therein at your own risk. Machool and its subsidiaries, affiliates, shareholders, directors, officers, employees and licensors ("Machool****Parties") will not be liable (jointly or severally) to you or any other person as a result of your access or use of the Machool Products for indirect, consequential, special, incidental, punitive or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively the "Excluded Damages"), whether or not characterized in negligence, tort, contract or other theory of liability, even if any of the Machool Parties have been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the Machool Parties' liability will be limited to the amount you paid for the Machool Products.
You shall indemnify, defend and hold harmless Machool and its parents, subsidiaries, affiliates and their directors, officers, employees, agents and sub-contractors against all claims, action, liabilities, losses, expenses, damages and costs, including but not limited to legal fees, that may at any time be incurred by reason of a computer virus or any other destructive feature resulting from your access to, use of or linkage with this website and/or any claim brought by a third party having a basis in contract or tort, in law or in equity, including but not limited to infringement, interference with contract or prospective economic advantage, breach of contract, negligence, misrepresentation, gross negligence, products liability or strict products liability.
31. ENTIRE AGREEMENT
This document will serve as the entire agreement governing the relationship between yourself and Machool. All other communications, whether verbal or in writing, are not to be considered, and do not form part of this Agreement. The signing of this Agreement by you renders all other negotiations and agreements between the you and Machool null and void.
32. ENGLISH AS THE PREVAILING LANGUAGE
The sole language that this contract shall be interpreted in is English, regardless of the country or province that you reside in.
This Agreement will be governed by the laws of the Province of British Columbia, Canada. By agreeing to the Machool Terms and Conditions you hereby attorn to the exclusive jurisdiction of the Courts of competent jurisdiction of the Province of British Columbia, in the event that a dispute arises concerning, or that is related to, this Agreement.
34. ELECTRONIC COMMUNICATIONS
Machool will, from time to time, generate and send electronic communications (such as e-mails) to you containing information about Machool's new and current services and products. By entering into this Agreement, you are consenting to receive such electronic communications from Machool at any electronic address that you provide.