Beavery Technologies Inc. (hereinafter referred to as “our company”) agrees to provide related services based on the Internet and mobile networks in accordance with the provisions of this agreement. To enhance security, you (hereinafter referred to as “user”), should access our services through secure networks including but not limited to secure websites, mobile and other platforms, carefully read all the contents of the following user agreement (hereinafter referred to as “this agreement”) and pay special attention to the relevant stipulations in this agreement.
1. Determination and acceptance of the content of the agreement
a. Before you decide to register as a user of our website and various products and other platforms, please read and fully understand this agreement.
b. By completing the user registration, you are deemed to have agreed to accept all the contents of this agreement. This Agreement becomes legally effective when you complete the registration process. If you have any objection to any term or any content of this agreement, please contact our company in time and do not register or use the network services provided by our company.
c. After the user signs this agreement, the content of this agreement may be modified due to the development of the Internet and changes in relevant laws, regulations, and normative documents, or due to the needs of our company’s business development. Our company will announce the revised agreement in a reasonable manner, and when announcement of the revisions have been provided to user, such announcement shall be deemed as the user having received notice that we have revised the content. When users enjoy the network services provided by our company or use the products, they should regularly and promptly check and understand the revised content of the relevant terms and consciously abide by them. If the user has any objection to the revised agreement, please contact our company in time, and do not use the network services provided by our company. If the user logs in to enjoy network services or continues to use our products, it is deemed that the user agrees to the revised agreement.
d. Any statements, notices, warnings, etc. made by our company in various ways in relation to the use of certain specific network services or products are deemed to be part of this agreement. If users use our network services or products, it is deemed that the user agrees to the contents of the statement, notice and warning.
2. User account and password security
a. After the user acknowledges and accepts this agreement, he or she can choose an email address that has not been used by other users as the user’s account and set a password for protection. However, the username (email address) used should comply with network ethics and comply with relevant Canadian laws and regulations.
b. The user is obliged to properly keep and use the account and password obtained during registration, and properly secure other personal information and be legally responsible for all activities and events carried out with their account. If users find that others use their accounts without permission or have any other security breaches, they should immediately notify our company. If the user violates the above rules when using our network services, or the account and password are illegally used by others due to the negligence of the user, our company will not be responsible for any loss or damage.
c. To protect their own rights and interests, users should not disclose their account numbers and passwords or provide or lend or transfer them to others for use. If our company finds out or has reason to suspect that the user is not the initial registrant of the account, we have the right to suspend or terminate the provision of network services to the user without notice, without taking legal responsibility to the account user and/or user, and the resulting losses, including but not limited to user service interruption, user data and information clearing, etc., shall be borne by the user.
d. Users must provide accurate and true personal information when registering. Any responsibility arising from untrue user information shall be borne by the user. If there is any change in personal data, the user must update it in a timely manner. If the information provided by the user is inaccurate, untrue, illegal or our company has reason to suspect that it is wrong, untrue or incomplete information or publishes advertisements, non-serious content and irrelevant information in personal data, our company reserves the right to suspend or terminate the provision of network services to users, cancel the account, and refuse users to use all or any part of our network services now and in the future. All losses arising therefrom shall be borne by the user.
e. Our company provides a way for users to retrieve their passwords. Once the user loses or forgets the password, the user can apply to retrieve the account information according to our guidelines on password retrieval rules. The password retrieval mechanism of our company is only responsible for identifying the correctness of the information filled in the user application form and the information recorded in the system and cannot identify whether the applicant is the real account holder. Our company does not assume any responsibility for any loss caused by the impersonation of the user by another. The user knows that the responsibility for keeping the account number and password lies with the user.
3. Service Content
a. The specific content of our network services is provided by our company according to the actual situation.
b. Some of the network services provided by our company are paid network services, and users need to pay a certain fee to our company for using the paid network services. For paid network services, our company will give users clear prompts before users use them. Only users who confirm their willingness to pay relevant fees according to the prompts can use such paid network services. If the user refuses to pay the relevant fees, our company has the right not to provide such paid network services to the user.
c. Notice to users, our company only provides related network services, in addition to equipment related to related network services (such as personal computers, mobile phones, and other devices or equipment related to accessing the Internet or mobile network) and the necessary fees (such as telephone fees, Internet access fees paid for accessing the Internet, and mobile phone fees paid for using the mobile network) shall be borne by the users themselves.
4. Change, interruption, or termination of service
a. The user expressly understands and agrees that the network services provided by our company may be affected by unstable factors in various links, which may lead to government regulation, policy restrictions, virus intrusion, hacker attacks, server system crashes or other risks and circumstances that we have no control over. Therefore, our company does not guarantee that the network services it provides will meet the needs of users, nor does it ensure that the network services it provides will not be interrupted, nor does it guarantee the timeliness, security, and accuracy of network services. The user clearly knows and confirms the existence of such risks and agrees to bear such risks by himself.
b. In view of the particularity of Internet services, the user expressly understands and agrees that our company has the right to change, interrupt or terminate some or all the network services it provides at any time after the announcement and notice, without being responsible to the user or a third party. The company does not assume any liability for compensation. If the changed, interrupted or terminated network service is a paid network service, our company shall provide the affected users with an alternative paid network service of equivalent value. If the user is unwilling to accept the alternative paid network service, the company shall refund the remaining service fee to the user after deducting the corresponding service fee according to the actual usage of the user.
c. In the event of any of the following circumstances, our company has the right to interrupt or terminate the provision of network services under this agreement to users at any time without assuming any responsibility to the user or any third party:
i) The personal data provided by the user is untrue.
ii) The user violates the rules of use specified in this agreement.
iii) The user fails to pay the corresponding service fee to our company according to regulations when using the paid network service.
d. The user expressly understands and agrees that our company needs to repair or maintain the platform or related equipment that provides network services on a regular or irregular basis. If the network service is interrupted due to such circumstances, our company is not liable to you for any losses suffered because of the interruption of service. However, our company will give you as much notice of any planned interruption as possible.
e. Our company does not assume any responsibility for network service interruption or other defects caused by force majeure or reasons beyond our control but will try our best to reduce the loss and impact on users.
5. User usage rules
a. The user agrees that our company has the right to place various commercial advertisements or any other type of commercial information in various ways in the process of providing network services, and the user agrees to accept our company to send commercial information to the user by email or other means.
b. When using our network services, users should abide by the relevant laws, regulations and administrative rules and regulations of the country. Users shall not use our network services to engage in behaviors that violate laws, regulations, policies and the legitimate rights and interests of others, including but not limited to the following behaviors:
i) Violating all network protocols, regulations and procedures related to network services.
ii) Use our network service system for any illegal purpose.
iii) Use our network service system to conduct any behavior that may adversely affect the normal operation of the Internet or mobile network.
iv) Use the network services provided by our company to upload, display or spread any false, harassing, abusive, threatening, vulgar and obscene or any other illegal information materials.
v) Acts that infringe the patent rights, copyrights, trademark rights, reputation rights or any other legitimate rights and interests of any other third party.
vi) Use our network services in any form to infringe our commercial interests, such as publishing advertisements, promoting information, selling goods, etc.
vii) Conduct any other acts that violate the law and violate the legitimate rights and interests of other individuals, companies, social groups, organizations, or other acts that are restricted or prohibited by laws, administrative regulations, rules, regulations, and any legally binding norms.
c. If the user violates any of the above provisions when using network services, our company has the right to directly modify, block, delete the information posted by the user or stop the user’s account use authority or terminate the provision of network services to the user without the user’s consent. At the same time, it has the right to require the user to correct or directly take all necessary measures to reduce the impact of the user’s misconduct.
6. Privacy Protection
a. Our company attaches great importance to the privacy of users, and our company guarantees that we will not disclose or provide third parties with the registration information of a single user and the non-public content stored in our company when users use network services, except in the following cases:
i) obtain the explicit authorization of the user in advance.
ii) According to relevant laws and regulations.
iii) In accordance with the requirements of the relevant government authorities.
iv) To safeguard the interests of the public.
v) To safeguard the legitimate rights and interests of our company.
b. Our company may cooperate with a third party to provide users with relevant network services. In this case, if the third party agrees to undertake the same responsibility as our company to protect user privacy, our company has the right to transfer the user’s registration information. etc. to the third party.
c. On the premise of not disclosing the private information of a single user, our company has the right to analyze the entire user database and make commercial use of the user database.
d. When using our services and/or products, users should not publish or upload information that they consider private to our service platform, nor should they spread such information to others through our services and/or products, the user shall be responsible for the privacy leakage caused by the user’s behavior.
e. Please be careful not to disclose your important information such as various property accounts, bank cards, credit cards, third-party payment accounts and corresponding passwords in the use of our network services, otherwise any loss caused by this will be borne by the user.
f. The user knows and agrees that our company will not be responsible for the leakage of user information due to force majeure or other reasons beyond our control (such as network security loopholes, hacker attacks, etc.) loss and impact.
7. Intellectual property
a. Our company owns intellectual property rights to its websites, mobile clients and other Internet products and services, which are protected by law. All network service content provided by our company, including but not limited to any text, pictures, graphics, audio, video materials, etc., are protected by copyright, trademark and/or other property ownership laws. Without the consent of our company and/or relevant rights holders, the above information shall not be used for any other commercial purpose.
b. Without the written authorization of our company, no media, website, or individual may copy, reproduce, reproduce, modify, display or use part or all of the content or services of our company on its website or mobile client and other service platforms, link to our website or our content on any platform, or mirror our website on a server that does not belong to our website. Otherwise, our company will pursue all remedies available to it under the law.
c. Unauthorized use or use beyond the authorized scope constitutes an infringement of our intellectual property and our company will pursue legal remedies against the infringer. If you use our content, you must do so as stated here. The author’s name should be marked in a prominent position at the beginning of the text of the work, and the source (our company) and the original link should be attached, and the work should not be modified or deduced. Unauthorized use or use beyond the authorized scope constitutes an infringement of our intellectual property, and our company will proceed against the infringer as appropriate under the law.
d. With respect to any content (including but not limited to text, pictures, videos, software, performances and other information) uploaded to the publicly available area on our website or mobile client and other service platforms when users use our network services, the user agrees We have a free, irrevocable, non-exclusive, perpetual and fully sublicensable right and license worldwide to use, reproduce, modify, adapt, publish, translate, create derivative works from, transmit , perform and display such content (in whole or in part), and/or incorporate such content into any other work, media or technology now known or later developed. At the same time, the user agrees that our company has the right to use the content uploaded by the users in various forms of products and services of our company and its partners.
e. Users should ensure that the text, pictures, videos, software, and performances uploaded when using our network services do not infringe any third-party intellectual property rights. If a user infringes the intellectual property rights of a third party in the texts, pictures, videos, software, and performances uploaded by the user when using our network services, our company has the right to rectify or remove the relevant content according to the actual situation and will not be responsible for it. responsibility. The user shall be responsible for dealing with the claims of the third parties, and bear all the expenses arising therefrom, including but not limited to infringement compensation, attorney fees and other reasonable expenses, and the user shall also bear all the compensation for losses caused to our company or any third party. responsibility. For users who have repeatedly violated copyrights, our company has the right to directly cancel their registered accounts.
f. Any entity or individual who thinks that the content of the network services provided by our company may be suspected of infringing its intellectual property rights or information network communication rights should promptly file a written notice of rights to our company and provide proof of identity, ownership, and detailed infringement. prove. After receiving the above legal documents, our company will disconnect the relevant link content as soon as possible in accordance with the law. If the complaint does not provide us with legal and valid certification materials, our company has the right not to take any measures.
g. All rights to any software (including but not limited to any images, photos, animations, videos, audio recordings, music, texts, and additional programs, accompanying help materials included in the software) used by our company to provide network services All belong to the copyright owner of the software. Without the permission of the copyright owner of the software, the user shall not reverse engineer, decompile or disassemble the software.
8. Compensation for breach of contract
a. If our company violates the relevant laws, regulations or any terms under this agreement and causes losses to users, our company agrees to be liable for the damages caused thereby.
b. The user agrees to protect and safeguard the interests of our company and other users. If the user violates the relevant laws, regulations or any terms of this agreement and causes losses to our company or any other third party, the user agrees to bear the resulting damages Liability for compensation.
c. Our company is not responsible for any direct, indirect, incidental, special and consequential damages arising from the use of network services by users. These damages may come from: improper use of network services, online purchase of goods or similar services, Online transactions, illegal use of network services, or changes in information transmitted by users, etc.
9. Delivery of notice
All our notices to users under this agreement can be delivered through webpage announcements, software background pushes, emails, mobile phone text messages or regular mail delivery; such notices are deemed to have been delivered to the recipient on the date of sending. The user’s notice to our company should be delivered through the contact information such as the mailing address, fax number, e-mail address, etc. officially announced by our company.
10. Governing Law
The conclusion, execution and interpretation of this Agreement and the resolution of disputes shall be governed by Canadian law and subject to the jurisdiction of the courts of Ontario and of Canada. If there is any dispute between the two parties regarding the content of this agreement or its implementation, both parties shall try their best to resolve it through friendly negotiation; if the negotiation fails, either party may file a lawsuit with the court where our company is located.
11. Other provisions
a. This agreement constitutes the complete agreement between the two parties on the agreed matters and other related matters of this agreement. Except for the provisions of this agreement, it does not confer any other rights to the parties to this agreement.
b. The terms of this agreement are severable. If any term of this agreement is completely or partially invalid or unenforceable for any reason, the remaining terms of this agreement shall remain valid and binding.
c. The headings in this agreement are for convenience only, do not define or limit the terms of this agreement, and should be ignored when interpreting this agreement.
d. To the maximum extent permitted by relevant laws and regulations, our company reserves the right of final interpretation of this agreement.
12. Special Terms
The user clearly understands and agrees that the user accepts the services directly provided by the third-party service provider through our platform, and the user should judge and identify the qualification of the third-party service provider and the services or products provided by the user. Qualifications, services provided, or products are not warranted in any way. The risk of personal injury, property loss, direct or indirect damage and disputes caused by the third-party service provider shall be borne by the user, and our company shall not be liable for any disputes between the user and the third-party service provider It has nothing to do with our company.
The Terms of Service governing Beavery express service are based on the terms and conditions of Beavery Technologies Inc. (www.beavery.ca/terms-and-conditions), which are hereby incorporated by reference as if fully set forth herein.
Beavery Technologies Inc. (hereinafter referred to as “our company”) agrees to provide related services based on the Internet and mobile networks in accordance with the provisions of our company’s Terms and Conditions. To enhance security, you (hereinafter referred to as “Customer”), should access our services through secure networks including but not limited to secure websites, mobile and other platforms, carefully read all the contents of the following Terms of Service (hereinafter referred to as “this agreement”) and pay special attention to the relevant stipulations in this agreement. This agreement as amended from time to time govern express service provided or arranged by our company.
Where a Customer has entered into a Beavery express Service Pricing Guide with our company, the terms set out in such Service Pricing Guide will govern in the event of any conflict or inconsistency between these Terms of Service and the terms set out in such Service Pricing Guide.
1. Shipment Acceptance Policy
The contents of a Shipment must be held firmly in place by the interior (internal) packaging system.
2. Beavery Express Service
a. Our Company offer services internationally.
b. For any of its service offerings, our company reserves the right to modify or discontinue the service, at its sole discretion and without notice, to adapt to changing market requirements or other business needs.
c. Beavery express service is not guaranteed to be refundable or eligible for money-back. Shipments tendered to Beavery express service must comply with the company’s Shipment Acceptance Policy, as detailed in the “Shipment Acceptance Policy” document.
d. Our company will make reasonable efforts to deliver Shipments in accordance with this agreement applicable to Beavery express service.
e. The current rates applicable to Beavery express service can be found on the company’s website (www.beavery.ca/express-delivery or www.beavery.ca/auction-house-delivery). Beavery express service charge a Service Rate that is based on various factors, including the service selected, the packaging, the Shipment’s origin and destination, and the Shipment’s weight and measurements.
3. Delivery of Shipments
Delivery of a Shipment by Beavery express service is deemed complete when the Shipment has been delivered to the address or location specified on the Bill of Lading. Beavery express service is not obliged to deliver the Shipment to any particular person or point at that location, even if such person or point is specifically identified on the Bill of Lading. The Receiver of any Shipment is deemed to have appointed the individual who accepts the Shipment on delivery as the Receiver’s agent to accept delivery on the Receiver’s behalf.
4. Definitions
Unless otherwise defined in this agreement, capitalized terms have specific meanings as follows:
a. “Additional Charges” refers to specialized service charges, administrative charges, and shipping charges that may be applied to a Shipment, in addition to a Service Rate.
b. “Automated Shipping System” means any automated shipping system used by our company or Customers to access and use Beavery express service.
c. “Bill Of Lading” refers to any shipping document, label, waybill, manifest or similar instrument used by Beavery express service to accept Shipments for carriage.
d. “Controlled Substance” refers to a drug or substance that has been declared illegal for sale or use by federal, provincial, or municipal law, which may be permitted to be dispensed or consumed by government law, statute, or regulation.
e. “Convention” refers to the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, Poland, October 12, 1929, or the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, Canada, May 28, 1999, or those conventions as amended or supplemented as may be applicable. When applicable, the Convention governs and, in most cases, limits our company’s liability in respect of loss of, damage to or delay in the carriage of Shipments.
f. “Customer” refers to a person, entity, partnership, or organization using the Beavery express services, whether as Originator, Shipper, or Receiver.
g. “Customs Clearance Charges” refers to any and all brokerage fees, surcharges, customs, and duties related to a Shipment tendered by a Customer to Beavery express service.
h. “End Of Day” refers to 10:00p.m. (Receiver’s local time).
i. “FSA” refers to a Canadian forward sortation area, which is denoted by the first three characters of a postal code and identifies a specific area within a major geographic region or province.
j. “Limited Quantity Dangerous Goods” refers to those Shipments that have been prepared and follow Section 1.17 of the Transportation of Dangerous Goods Regulations.
k. “Originator” refers to the location where the Shipment is picked up.
l. “Package” refers to any item or parcel that is packaged by the shipper for delivery and meets Beavery express service’s accepted packaging standards.
m. “Piece” refers to a single envelope, parcel, container, crate, pallet, or unpackaged article accepted by Beavery express service for delivery.
n. “Receiver” refers to the location to where a Shipment is destined for delivery.
o. “Residence” refers to a place where someone lives or a commercial business operating out of a residence.
p. “Residential Area” refers to an area that is primarily residential or is of a low business (commercial) density as determined by our company from time to time.
q. “Service Pricing Guide” refers to a service pricing guide or other agreement between our company and Customer governing the services provided or arranged by Beavery express service for such Customer.
r. “Service Rate” refers to the rate charged by our company to Customer based on the service selected, but excludes any Additional Charges, taxes.
5. Additional Terms and Conditions
a. Use of Personal Information
Our company’s Privacy Policy, as published on beavery.ca, applies to all personal information (i.e., information about an identifiable individual) that our company collects or receives during the Shipment process. The Privacy Policy governs the collection, use, disclosure, retention, and disposal of personal information by our company in accordance with applicable privacy laws and regulations. By using our company’s services, Customers agree to the terms of the Privacy Policy.
b. Right to Correct Shipment Label
Our company retains the right to unilaterally modify any and all terms and conditions of a Bill of Lading to facilitate the carriage of a Shipment, including but not limited to reprinting and altering an originally generated Bill of Lading. In such cases, our company may issue a new Bill of Lading containing the revised information, which will be affixed over the original Bill of Lading. Our company also reserves the right to recalculate and apply additional Shipment or administrative charges imposed because of any modifications made to a Bill of Lading.
c. Right of Inspection
Our company reserves the right to inspect any Shipment tendered to Beavery express service for carriage, without notice, at any time, including opening and inspecting such Shipment. Additionally, governmental authorities may open and inspect any Shipment, at any time, without notice.
d. Right to Refuse Shipments
Our company reserves the right to refuse any Shipment, at its sole discretion. This includes any Shipment that may cause damage or contamination to other merchandise or equipment, or is deemed economically or operationally impractical to transport, or is improperly prepared, packed or wrapped for transport, in accordance with our “Shipment Acceptance Policy”.
e. Right to Use Agents and Subcontractors
Our company reserves the right to engage agents and subcontractors to provide services. Such engagement does not affect Beavery express service’s maximum liability as described in this agreement (refer to “Maximum Liability”). If agents or subcontractors are used, they may impose more restrictive size and weight limitations than those outlined herein (refer to “Shipment Acceptance Policy”).
f. Right to Use Alternate Modes of Carriage
Our company reserves the right to use an alternate mode of carriage for the Customer’s selected service, and the Customer acknowledges that charges based on such mode will be levied and the Customer shall pay the same. If Customer fails to indicate a mode of carriage on a manual Bill of Lading or indicates a mode of carriage or a Shipment option on a manual Bill of Lading that is unavailable, our company reserves the right, at its sole discretion, to transport the Shipment by the mode of carriage Beavery express service deems acceptable, and to apply charges deemed acceptable for the service rendered. The Customer agrees to pay the imposed charge. Any exercise of such right to use alternate modes of carriage will in no way affect Beavery express service’s maximum liability described in this agreement (see “Maximum Liability”).
g. At Shipper’s Risk
The transportation of certain articles and commodities entails a higher risk of damage during Shipment as they pass through a typical courier and freight distribution network. As per industry practice, such items are generally considered to be transported “at shipper’s risk” as outlined in the applicable terms and conditions of service.
h. Shipments
The acceptance of the following articles for carriage by Beavery express service is conditional on the Shipper assuming all risks of loss or damage arising from the carriage of such articles. Our company will not be liable for any loss or damage to such articles and will not accept any claims for such loss or damage:
1) Glassware, including but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass, electronic screens, and any other commodity with similarly fragile qualities.
2) Collectors’ items.
3) Liquids.
4) Precious metals.
5) Articles requiring temperature-controlled services (i.e., a specific temperature is maintained during carriage).
6) Perishable items, and foods and beverages requiring refrigeration or other environmental control. Our company does not have the facilities for these items.
7) Unpackaged articles.
8) Privately packaged articles (e.g., not in manufacturer’s original packaging).
9) Articles not packaged in accordance with Beavery express service’s Shipment Acceptance Policy.
10) Pieces in a Shipment not properly labelled in accordance with Beavery express service’s labelling requirements.
11) Artwork, including any work created or developed by the application of skill, taste, or creative talent, for sale, display or collection. This includes, but is not limited to, items and/or parts such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture, collector’s items, customized or personalized musical instruments.
12) Antiques, or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, and glassware.
13) Jewelry, other than costume or novelty jewelry.
14) Seeds.
15) Household goods and personal effects.
16) Articles designated as “Dangerous Goods” in this agreement, but which have been tendered to Beavery express service and accepted for carriage.
17) Controlled Substance.
18) Electronic and electrical devices (including those in manufacturer’s original packaging) such as televisions and test equipment. A Customer may submit a claim for loss of these items. However, claims for damages will not be accepted.
19) The acceptance of Shipments by Beavery express service on an “At Shipper’s Risk” basis means that such Shipments are transported on a “no-value” basis, and the Customer cannot increase Beavery express service’s liability for loss or damage by declaring a value for such Shipments on the face of the Bill of Lading or any designated user entry field in the case of Shipments prepared using an Automated Shipping System.
i. Shipments Not Allowed
The transportation of the following articles as Shipments is subject to prior written approval by Beavery express service, which must be evidenced by a duly executed Service Pricing Guide or other written record setting out the pre-approved article(s) to be transported. Beavery express service will not accept these articles for carriage as Shipments without such approval:
1) Human or animal remains, corpses, organs, embryos, body parts, whether cremated or disinterred or in any other form.
2) Animals, birds, or insects.
3) Live plants and cut flowers.
4) Currency (including cash or coins) or other securities negotiable without endorsement such as bearer bonds, gift certificates, bank draft, etc.
5) Fish, seafood, or meat (fresh or frozen).
6) Tobacco or alcohol, inter-provincial/state (i.e., across provincial/state boundaries).
7) Cannabis or products derived from cannabis which may contain cannabinoids.
8) Firearms or weapons of any kind (including parts thereof).
9) Dangerous Goods as defined in this agreement.
10) Drugs prohibited by law.
11) Shipments containing articles of extraordinary value, in Beavery express service’s sole judgment.
12) Any Shipment that, in Beavery express service’s judgment, could cause loss, damage or delay to equipment, personnel or other Shipments.
13) Other prohibited articles that vary by country.
6. Terms of Payment
a. Our company reserves the right, at its sole discretion, to grant terms of payment (i.e., the number of calendar days between the date of an invoice issued by Beavery express service and when payment must be received by our company) to any Customer, including Account Customer. Our company also reserves the right to revoke, modify or amend any granted terms of payment to any Customer, for any reason, including, but not limited to, late, incomplete or non-payment in accordance with granted terms of payment or where our company has reason to be concerned about the Customer’s continued creditworthy status or timely and complete payment ability, as determined by our company. Such revocation, modification or amendment shall be effective immediately upon notice to the Customer. Beavery express service may establish alternative payment arrangements for past-due balances and/or payment for future services, at its sole discretion, and the Customer shall comply with such arrangements as a condition of continued use of Beavery express service.
b. Beavery express service requires Non-Account Customers to make payment for services at the time-of-service request, or in accordance with the terms set out in the applicable invoice if Beavery express service invoices the Customer. Non-Account Customers are not authorized to make payments via cheque, and any such form of payment will be declined.
c. Beavery express service requires an Account Customer who has been granted terms of payment and remains in good standing to pay for its services within 14 calendar days from the date of the invoice, in accordance with their Service Pricing Guide or a shorter period prescribed by Beavery express service or law. The Account Customer can refer to the customer dashboard for information on methods of payment. Unless otherwise noted by Beavery express service, all invoices, bills, and other statements of account to Customer regarding amounts owed by the Customer are denominated in Canadian currency.
d. Any Customer with an account number(s) that is not in good standing, including where payment has not been submitted to our company in full within granted terms of payment, shall immediately, with or without notice from Beavery express service, submit all outstanding amounts to our company. Failure to do so may result in our company taking any action against the Customer, without recourse against Beavery express service, including but not limited to charging late payment fees, terminating, suspending and/or modifying service(s), and/or stopping and holding any Shipment in transit until payment arrangements are made and the Customer’s payment status returns to good standing. It is important to note that any Shipment held or impacted in relation to Customer payment issues will not be eligible for service guarantees.
7. Liability of Beavery Express Service
a. Maximum Liability
Beavery express service’s liability for any loss or damage, whether resulting from negligence, gross negligence, or a failure to perform the contract, shall not exceed the lesser of one hundred Canadian dollar or the value of the items, unless a higher value for Beavery express service’s liability purposes is agreed upon in writing by our company and the shipper. Other limitations on liability may apply if the customer agrees as a special agreement with respect to all shipments that, notwithstanding any disclosure of the nature or value of the goods, the amount of any loss or damage, including, without limitation, loss of earnings or profits, resulting in any manner, whether or not from negligence or gross negligence, from loss of or damage to the goods and/or misdelivery, failure to deliver or delay in delivery of the goods, for which Beavery express service may be liable to the customer/shipper, owner, originator, receiver, and/or any third party, whether in contract, tort, or otherwise, shall in no event exceed the maximum liability of Beavery express service set out above. Under no circumstances shall Beavery express service be liable for any consequential, special, indirect, punitive, or incidental damages.
b. Delay
Beavery express service shall not be liable for any direct or indirect damages arising from a failure to deliver a Shipment by a stipulated time. However, upon request, Beavery express service may, at its discretion, refund or credit a Customer (payer) if a Shipment is not delivered.
c. Events Beyond Beavery Express Service’ s Control
Beavery express service shall not be held responsible for refunding or crediting a Customer (payer) for any transportation charges, loss, damage, delay, non-delivery, miss delivery, or failure to perform caused by circumstances beyond its control. This includes, but is not limited to, events caused by the Shipper, owner, originator, Receiver, or any other party with an interest in the Shipment. Other circumstances beyond Beavery express service’s control include defects or inherent vice in the Shipment, inadequate or incorrect markings or address on the Bill of Lading, acts of God, perils of the air, weather conditions, mechanical delays, disruptions in air or ground transportation networks, acts of public enemies, public health crises, quarantine, war, strikes or other labor disruptions (of any entity including vendors, suppliers or Customers), terrorism, riots or civil commotion, acts of public authorities (including customs or health officials) with actual or apparent authority, customs clearance delays, import/export documentation deficiencies or Shipments requiring extraordinary handling, documentation, or routing. Beavery express service is under no obligation to provide a refund or credit to Customer in such circumstances.
d. Loss of Personal Information
Beavery express service’s liability for any loss of personal information (defined as information about an identifiable individual) that is contained in or displayed on any Shipment is subject to the limitations on Beavery express service’s liability set forth in this agreement, specifically the maximum liability as outlined. For Shipments that are carried for Customers that are not individuals, such Customers acknowledge and agree that Beavery express service is a third-party processor and that such Customers bear sole responsibility for collecting personal information and sharing it with Beavery express service in compliance with applicable privacy laws and best practices, which include obtaining meaningful and informed consent as required, assessing harm, and notifying and reporting any resulting loss of personal information to any privacy authority or impacted person or entity.
e. Claims
Beavery express service requires that any claim for loss or damage to a Shipment must be notified to Beavery express service in writing within 60 days of the request date, providing specific details such as the origin, destination, order number, date of Shipment, and estimated amount claimed. Failure to comply with this requirement will result in Beavery express service having no liability for the loss or damage. In addition, Beavery express service may require supporting documentation to assess a claim, such as original purchase invoices, appraisals, estimates for repair, or other records. If the necessary supporting documentation is not provided, Beavery express service reserves the right to deny the claim. Any claims must be submitted to express@beavery.ca.
f. Applicable Law
The contract for the transportation of goods listed in the Bill of Lading is subject to any conditions of carriage mandated by the law of the jurisdiction where the Shipment originates. This is true regardless of any “Governing Law” provision included in any Service Pricing Guide. If any provision in this agreement or a Bill of Lading is found to be invalid or unenforceable under the law, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision. If the Shipment is destined for or stops in a country other than the country of origin, the Convention may apply and limit Beavery express service’s liability for any loss, damage or delay of the Shipment.