Swap Spot Terms and Conditions

Swap Spot facilitates the exchange of goods sold through peer-to-peer marketplaces by providing a designated Canada Post retail location (“Participating Post Office”) where Seller may deposit an Item and Buyer may collect and optionally, if agreed by parties, pay for Item.

• Either Buyer or Seller may initiate a Transaction by entering Transaction details and the email addresses of both Buyer and Seller into the Swap Spot Website.
• Both Buyer and Seller must accept these Terms before Transaction can proceed.
• Canada Post will send an initial Transaction email to each email address entered on the Swap Spot Website.
• Buyer and Seller must each provide their consent through the acceptance process contained in the initial email sent to their designated email address.
• By completing the acceptance process, Buyer and Seller confirm (i) the accuracy and completeness of Transaction details; and (ii) that the email addresses provided herein are accurate and operational.

• Buyer and Seller assume all responsibility for ensuring that email addresses submitted in accordance with these Terms are correct.
• Canada Post is not responsible for lost, delayed, filtered, misdirected, blocked or undelivered email communications.
• Swap Spot operates through electronic communications. All notices, confirmations, reminders, QR codes, payment notifications, cancellation notices, retrieval instructions, abandonment notices, e-Transfer notifications, and other communications will be sent to a party’s designated email address.
• Any communication sent by Canada Post to a designated email address shall be deemed received by the recipient when transmitted by Canada Post.

The purchase price related to Transaction shall not exceed $999.99 in the aggregate.

Transaction must meet the following conditions to be eligible for Swap Spot:

• Seller owns, or has the right to sell, Item;
•  Item can legally be sold and transferred;
•  Item description is accurate;
• Item is not counterfeit, dangerous, prohibited, or unlawful;
• Item complies with Item restrictions and adheres to guidelines as described on the Swap Spot Website
• Item is not a Non-Mailable Matter as defined by the Non-mailable Matter Regulations, as amended from time to time (for more details, visit canadapost.ca/nonmailable). Notwithstanding that Item may not be mailed or transmitted through the postal system in connection with Swap Spot, the applicable Non-mail Matter Regulations will apply for the purpose of determining whether Item is eligible for Swap Spot.

• Unless otherwise stated herein, Swap Spot is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Canada Post disclaims all warranties, representations and conditions, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement
• Canada Post does not inspect, test, verify, authenticate, appraise, or evaluate Items.
• Unless otherwise expressly stated herein, Canada Post assumes no responsibility for the condition of any Item.
• Canada Post makes no representation regarding:
• condition;
• quality;
• authenticity;
• functionality;
• legality;
• fitness for purpose;
• value.
• Canada Post is not responsible for any damage (unless otherwise expressly stated herein), deterioration, defect, or misrepresentation, relating to Item.
• any dispute, claim or legal action relating to Item, including without limitation its condition or payment, shall be resolved exclusively between Buyer and Seller. Canada Post is not a party to, and assumes no liability or obligation to mediate, such disputes.

• Possession of a valid QR code constitutes authorization to complete associated Transaction.
• Buyer and Seller may provide their QR code to another person to act on their behalf.
• Canada Post will complete Transaction upon presentation of a valid QR code without further inquiry including, without limitation, identity verification.
• Buyer and Seller assume all risks associated with sharing, forwarding, losing, or permitting access to a QR code.

• Item may only be dropped off or collected at the designated Participating Post Office.
• Canada Post will refuse Transaction if the incorrect Participating Post Office is used.
• Canada Post will refuse to release Item if the QR code is not presented.

• Buyer may reject Item for any reason.
• If Item is rejected, Transaction is cancelled.

• Canada Post will send an Item-ready-for-pickup notification to Buyer’s designated email address.
• Buyer will have eight (8) days (“Pick Up Period”) from the date Canada Post sends the pickup notification email to collect
• Canada Post may send reminder emails at its discretion.
• If Item is not collected within Pickup Period, Transaction will be cancelled.

• If Transaction is cancelled, Canada Post will send cancellation and retrieval instructions to Seller’s designated email address.
• Seller has seven (7) days (“Retrieval Period”) from the date Canada Post sends the cancellation notification email to retrieve Item.
• Canada Post may send reminder emails at its discretion.
• If Seller does not retrieve Item within the Retrieval Period, Item will be deemed abandoned.

• When Item is abandoned:
• all ownership rights of Buyer and Seller terminate immediately;
• neither Buyer nor Seller has any further interest in Item;
• neither Buyer nor Seller has any claim for compensation;
• neither Buyer nor Seller has any recourse against Canada Post.
• Canada Post becomes the sole owner of abandoned Item.
• Canada Post may, in its sole discretion:
• destroy Item;
• donate Item;
• recycle Item;
• sell Item;
• retain Item;
• otherwise dispose of Item.
• Buyer and Seller waive any claim arising from Canada Post's handling or disposition of abandoned Item.

• Following pick up of Item and payment of the purchase price, if applicable, by Buyer, Canada Post or its service provider will send Seller an Interac e-Transfer.
• Canada Post will remit to Seller only the purchase price entered on the Swap Spot Website.
• The e-Transfer will be sent to Seller’s designated email address.
• Canada Post will rely exclusively on Seller’s designated email address for purposes of remitting sale proceeds.
• Canada Post’s' obligation to remit sale proceeds is fully satisfied when the e-Transfer is sent to the Seller's designated email address.
•  Seller will be notified when the e-Transfer has been sent.
• Seller has thirty (30) days from transmission of the e-Transfer to accept and deposit the funds.
• If the funds are not accepted and deposited by Seller within thirty (30) days, the funds are forfeited.

• Canada Post does not determine, calculate, assess, collect, remit, report, or provide advice regarding any taxes that may arise from a transaction conducted through Swap Spot.
• Buyer and Seller are solely responsible for determining whether any federal, provincial, territorial, local, sales, use, excise, value-added, income, capital gains, or other taxes apply to Transaction.

• Applicable service fees must be paid when required by Swap Spot.
• Fees are non-refundable except where required by law.
• Canada Post may modify fees at any time.

• Unless otherwise stated in these Terms, Canada Post shall not be responsible for any direct, indirect, general, special, incidental or consequential damages whatsoever arising out of Swap Spot, regardless of whether arising under contract, tort (including without limitation, negligence and/or gross negligence) or any other legal theory, even if Canada Post is expressly advised of the possibility of such damages.
• Payment for Loss, Damage. Any claim for loss or damage must be submitted to Canada Post within ninety (90) calendar days of Buyer’s rejection or notice of loss sent to Buyer and Seller. Any claim paid by Canada Post for loss or damage to Item arising from the Service is limited to $999.99 per Transaction.
• No Item is eligible for any claim for loss or damage, if any of the following apply: the loss, or damage is not the fault of Canada Post; Item is lost or damaged due to events not reasonably foreseeable or controllable by Canada Post; Item is picked up by Buyer without any complaint, or if insufficient evidence is produced; Item is excluded from loss or damage claims or otherwise not eligible for the type of claim made; the loss or damage was wholly or partially the fault of Buyer or Seller; (vi) the amount claimed is not a direct result of the loss or damage of Item; (vii) or the claim is related to a prohibited Item.
  No Item is eligible for more than one (1) claim. Without limiting the foregoing, only one (1) type of claim may be made, as between claims for loss or damage.
• Subject to the $999.99 per Transaction limit , the maximum per claim amount payable by Canada Post for loss, damage,  claims is limited to: (i)  $500 for the following Items:  jewellery, manufactured and non-manufactured precious stones and metals, cancelled or uncancelled postage stamps; or  any Item that derives its value primarily from its uniqueness, limited quantity or availability, or from being a collectible, including but not limited to trading cards, memorabilia, comic books, autographed items, antiques and art. (ii) $100 for the following Items:  gift certificates,  gift cards,  or  phone cards.
• The following Items are not eligible for damage claims:  Fragile Items, perishable Items, temperature-sensitive Items, or Items requiring refrigeration.
• The following Items are not eligible for any loss, or damage claims: bank notes or coins, stocks; bonds; negotiable premium coupons, or other securities or other instruments, whether financial or legal, that are negotiable by the bearer, coupons (excluding gift certificates); lottery tickets; trading stamps; loyalty cards; travellers’ cheques; liquid and dry patient specimens, including without limitation, biological specimens; cremated remains; organs; living organisms, including without limitation, plants and animals; Item does not comply with Item restrictions and guidelines as described on the Swap Spot Website; or any unacceptable Item as defined by the Non-mailable Matter Regulations, as amended from time to time (for more details, visit canadapost.ca/nonmailable .
• Electronic Items are not eligible for damage claims if they are deposited in any packaging other than: (i) the manufacturer’s original packaging, which is undamaged and has retained its intended shape and strength; (ii) packaging that abides by Canada Post’s packaging guidelines (refer to the “ABCs of Mailing” portion of the Canada Postal Guide at canadapost.ca/postalguide for more details on packaging guidelines); or (ii) Canada Post’s packaging for the shipment of electronics, including, but not limited to tablets and smartphones.
• If lost Item is found after a claim’s payment for loss has been made, then Seller or Buyer may take delivery of Item, provided that Canada Post is repaid for the claims payment and Item is picked up within ninety (90) days from the date Canada Post sends notice that the Item has been found. Canada Post reserves the right, in its sole discretion, to retain any damaged Item if the claims payment is paid in full

• Buyer and Seller agree to indemnify and hold harmless CPC, its employees, officers, contractors, agents, affiliates, and service providers from claims arising from:
• Transaction;
• ownership disputes;
• illegal Items;
• misrepresentation;
• breach of these Terms;
• disputes between Buyer and Seller;
• use or misuse of QR codes.

Canada Post may:

• refuse any Item;
• refuse any Transaction;
• cancel any Transaction;
• suspend or terminate Swap Spot;
• restrict any Item’s eligibility for Swap Spot;
• modify or discontinue the Swap Spot.
• may open any packaged Item if it has reasonable grounds to suspect that Item is a Non-mailable Matter.

• These Terms and all disputes or other matters arising out of Swap Spot service will be governed by the laws of the Province of the Participating Post Office where Item is deposited and the applicable laws of Canada, without regard to conflict of law principles. Any dispute will be dealt with solely by a court of competent jurisdiction in such Province.

Canada Post may at any time without notice change these Terms.

In these Terms:

“Buyer” means the individual purchasing the Item.

“Electronic Items” means electronic devices or their mechanisms, memory and all ancillary or related data storage devices, including but not limited to computers, televisions, tablets, cellular phones, smartwatches, audio equipment, media recording devices, cameras, camcorders, GPS and car audio equipment.

“Fragile Items” means Items of an inherently fragile nature, including but not limited to, vinyl records, glass, framed glass, mirrors, crystal, ceramics, pottery, porcelain, and china.

“Item” means the personal property or properties that are subject to Transaction between Buyer and Seller and that Seller delivers to a Participating Post Office for collection by Buyer.

“Swap Spot Website” means the website designated by Canada Post from time to time through which Buyer and Seller initiate Transaction.

“Transaction” means a Swap Spot request of one or more Items between Buyer and Seller.

Personal information collected through the Swap Spot service is required to facilitate and manage peer-to-peer exchange transactions through participating Canada Post retail locations.

Canada Post has partnered with Payment Source Inc (PSI) to administer the Swap Spot service and to facilitate exchanges between Buyers and Sellers (e.g. to identify post office location for the transaction, the item to be sold, and to communicate instructions to parties).

To initiate and administer the transaction, PSI directly collects the following information via the Canada Post website, including:

• email addresses of both Buyer and Seller;
• Item details (description, price);
• Post Office location for pick-up; and
• transaction reference information.

If payment information is processed at a Canada Post point of sale, neither payment information nor personal identifiers on that payment method are provided to PSI.

Personal information is collected under the authority of section 5(2)(a) and 5(2)(b) of the Canada Post Corporation Act. 

Personal information processed by PSI on Canada Post's behalf may be used for the following purposes:

• establish and administer exchange transactions,
• generate and validate QR codes,
• facilitate item drop-off and pickup at participating post offices,
• send transaction-related communications and status updates to the respective parties,
• maintain transaction records,
• facilitate seller payment by e-Transfer where applicable,
• investigate complaints, disputes, fraud, security incidents or misuse of the service, and
• administer, support, evaluate and improve the service
• to allow Canada Post to send promotional messages

If you (or the other party) choose not to provide the information required via the website, Canada Post and PSI will be unable to create, process or complete the transaction and you will not be able to use the Service.

Canada Post Promotional Messaging

Using the Swap Spot service provides your consent that Canada Post will send you certain electronic communications such as emails, regarding your use of Canada Post's Products. These may include commercial electronic messages such as special offers and promotions.

Notifications to You

To communicate with you, including to provide any written notices to you, we may (1) send you emails, (2) deliver messages to your Inbox or phone, (3) post notices on the Site, (4) send push notifications or (5) use any combination of those methods.

How to Opt-Out of Promotional Messaging

You may opt out of receiving commercial electronic messages either by (1) unsubscribing within the commercial electronic message and following the prompts to manage your communications from Canada Post, or (2) signing in to your Digital Account and accessing your information and then following the instructions on that page for opting out, or by visiting subscribe. Your request to unsubscribe will take effect within 10 business days.

You may also opt out of receiving mobile Application notifications from your mobile device.

There are some communications from which you will not be able to unsubscribe, for example notices that are reasonably required for security purposes or the operation of the Swap Spot service, and/or notices to you that are required under these Terms of Use.

Exercising your Privacy Rights

You have the right to request access to, and correction of, your personal information under the Privacy Act.

For transactional inquiries, correction requests, or requests relating to information submitted as part of an exchange transaction, or if a party has submitted your personal information without your consent, you may request its deletion by contacting cpswapspot@paymentsource.ca or pczonerevente@paymentsource.ca

If you have concerns about how Canada Post, or PSI acting on its behalf, handles your personal information, you have the right to file a complaint with the Office of the Privacy Commissioner of Canada.

View Canada Post's full Privacy Statement here