Canada Post Corporation Credit Card Consent Agreement (the “Consent Agreement”)
Important: Please carefully read the following terms set out in this Consent Agreement. This Consent Agreement is between Canada Post Corporation ("Canada Post", "we" or "us") and you, the authorized individual or organization wanting to store payment credentials to be used to pay for Canada Post services (the "Cardholder" or "You") After reading this Consent Agreement, if you select the “I Agree” button below you agree to the following:
- Consent to Stored Credentials: You hereby consent to Canada Post storing the credit card information (each such credit card and accompanying information being a"Stored Credential"). You acknowledge that your Stored Credential(s) may contain personal information. You acknowledge and agree that you are responsible for the completeness and accuracy of the Stored Credential you store in Canada Post’s Systems, whether you store directly (customer profile) or provide to us to store indirectly (guest check-out). To the fullest extent permissible by applicable law, you acknowledge and agree that Canada Post will have no liability associated with or arising from your failure to maintain accurate information, including your failure to receive important information and updates about or related to this Consent Agreement. If Canada Post has reasonable grounds to suspect that any information you provided to us is untrue, inaccurate or incomplete, we may terminate or suspend this Consent Agreement without notice or liability and/or refuse to provide any Canada Post services to you. We regularly review the security measures relating to our storage; however, we cannot guarantee that information you transmit or store via the Internet is entirely secure.
- Use of Stored Credential:You hereby consent that your Stored Credential may be used by Canada Post as permitted in accordance with Canada Post’s Privacy Statement available HERE , i) to process payment for orders received and filled (subject to verification); ii) for pre-authorized credit card transactions; and iii) to process any refunds as required. Stored Credential will be stored in anonymized truncated form.
Your Stored Credential will be linked to the online Canada Post account you are logged into when you provide the Stored Credential or, if you arrange for your credit card information to be stored by calling Canada Post Customer Service, your Stored Credential will be linked to the account you identify to the Customer Service Representative. If there are other users of the same Canada Post account (for example, in the case of a business account with multiple users having access or where a Mail Service Provider (MSP) has access to the account), they will be able to view and use your Stored Credential. In case of multiple users having access to the same business account, they (other than an MSP) will be able to view any history that we display of its use with that account.
- Modifications by you: You may make changes to your Stored Credential(s) through your customer profile. Each time that you add or replace a credit card, or a credit card detail, which form part of the Stored Credentials, you must review and consent to the then current version of this Consent Agreement in order to make such change.
- Consent Duration, Withdraw and/or Termination:This Consent Agreement shall remain in effect indefinitely or until, i) you withdraw your consent including by removing your Stored Credentials (effective upon your last order having been invoiced and processed); or ii) a Stored Credential is no longer effective (including but not limited to an expired or declined credit card) as reasonably determined by us. You may withdraw your consent provided hereunder or remove all Stored Credential(s) through your account. For single use transactions, the Stored Credential are automatically deleted after the transaction is completed. The Stored Credential may remain on internal information systems in a non-usable tokenized form for a period of up to one year after your consent has been withdrawn.
- Amendments: Canada Post reserves the right, in its sole discretion, to amend the terms of this Consent Agreement at any time. We will notify you of any amendments made to this Consent Agreement by posting a new version with notice that we deem to be reasonable in the circumstances, including such notice on our website at www.canadapost.ca You hereby agree to each such amendment, unless you withdraw your consent as per Section 4 above.
- Charges, Fees and Taxes: The charges/fees composing a Payment Transaction will be calculated in accordance with the rates applicable at the time of tendering your order, and will include all applicable taxes, charges and fuel and other surcharges as set out in our Terms and Conditions of Service available HERE as amended from time to time (the "Canada Post Service Terms").You are also solely responsible for any interest, fees, charges or expenses related to any payment or any non-processed payment transaction for any reason other than due to our error or omission, as determined in our sole discretion.
- Disputes: All disputes, including in relation to refunds or cancellations concerning Canada Post services, shall be governed by the terms and conditions applicable to the service (which you will find HERE or a Commercial Contract (or similar service agreement) in effect between us and you at the time of tendering the shipments in question.;
- Limitation of Liability: YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL CANADA POST, ITS AFFILIATE OR SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES (EACH A " PARTY", TOGETHER, THE "CANADA POST PARTIES"), BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, AS RELATED TO THIS CONSENT AGREEMENT, A STORED CREDENTIAL OR A PAYMENT TRANSACTION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR EARNINGS, LOSS OF ANTICIPATED PROFITS OR EARNINGS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED, REGARDLESS OF THE TYPE OF CLAIM OR CAUSE OF ACTION, WHETHER SUCH CLAIM OR CAUSE SOUNDS IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, OR COULD HAVE REASONABLY BEEN FORESEEN BY YOU OR ANY THIRD PARTY. NO CANADA POST PARTY WILL BE LIABLE TO YOU OR A THIRD PARTY FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS SET OUT HEREIN, WHETHER DIRECTLY OR INDIRECTLY, DUE TO THE FAILURE OF ANY EQUIPMENT, TRANSMISSION OR TECHNICAL PROBLEMS, LABOUR DISPUTES, WAR, NATURAL DISASTER, ACT OF TERRORISM, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR REASONABLE CONTROL.
- Indemnification: To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless each Canada Post Party from any loss, claim, liability, damages, demand, costs, charges and fines in connection with, arising out of or due to your breach of this Consent Agreement.
- Eligibility and Conduct: You represent and warrant that you:
- are the age of majority in accordance with the laws of your province/territory of residence;
- are the individual duly authorized on behalf of yourself or your organization to store any payment credential as a Stored Credential hereunder;
- shall not breach the terms of this Consent Agreement;
- shall only use the customer profile or guest check-out feature, and provide the payment information, as permitted by law;
- shall not consent to this Consent Agreement in order to conduct any fraudulent, unlawful or abusive acts;
- shall not disrupt or interfere with the security operation of, or otherwise abuse the functionality of storing information on the Canada Post Systems;
- shall not attempt to obtain unauthorized access in relation to other Canada Post Systems;
- shall comply with any other requirements, restrictions or limitations imposed by Canada Post from time to time; and
- that you understand and agree to be bound by all the terms and conditions as set out herein.
- General Terms:
- This Consent Agreement shall be construed in accordance with and shall be governed by the laws of the Province of Ontario or the province or Territory where the cardholder resides and the laws of Canada applicable therein.
- Our failure or delay to exercise or enforce any provision or right contained herein shall not be deemed a waiver or such provision or right; any waiver of any provision or right shall be expressly set out in writing to be effective.
- Any provision of this Consent Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
- Headings are for convenience only and not included for purposes of interpretation.
- You may not assign this Consent Agreement, in whole or in part, at any time.
- This Consent Agreement constitutes the entire agreement between you and us relating to the matters herein raised.
- The terms of this Consent Agreement that by their nature are intended to survive the termination or expiration of this Consent Agreement (including liability, indemnification and privacy obligations) shall survive.