Please read these terms and conditions of service ("Terms of Service") in detail. By accessing or using our website and services, you agree to be bound by the terms and conditions of Terms of Service, and all terms incorporated into these Terms of Service by reference.
The term “you” (“your”, “yourself”, “User”) refers to the person accessing or using the Site or our Service, or the company or organization on whose behalf that person accesses the Site or our Service.
These Terms of Service apply to your access to, and use of, the website and services of Stallion Express, Inc. ("Stallion Express"), located at www.stallionexpress.ca (the "Site", "Stallion Express").
You represent and warrant that you are authorized to accept these Terms of Service on behalf of yourself (and any other person or entity that uses your account), and that you and such entity agree to indemnify Stallion Express for violations of these Terms of Service.
These Terms of Service exempt Stallion Express and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of our Service.
Changes to Terms of Service
Stallion Express reserves the right to change or modify any of the terms and conditions in these Terms of Service or any policy or guideline of the Site and Service, at any time and in its sole discretion.
Any changes or modifications to these Terms of Service will be effective immediately upon posting on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Service and applicable policies to understand the terms and conditions that apply to your use of the Service. If you do not agree to the changed or modified terms, you must stop using the Service.
Types of Services
The Stallion Express services (“Service”) may include the following:
- Provision of tracked and non-tracked postage and shipping options from local and international shipping carriers
- Picking up and/or receiving packages from you and transporting them to shipping carriers for delivery to the final destination
- Sale of pre-paid postage and shipping labels
- Freight insurance coverage
- Any other paid services in relation to shipment options for E-commerce businesses
By using the Service for transfer of goods, you hereby authorize Stallion Express and any agent and/or delivery partner chosen by Stallion Express to act as your agent and representative in communicating with the relevant border authorities to clear your item for local customs. All duties and taxes payable will be the responsibility of you and/or your customer, and neither Stallion Express nor its agents or delivery partners will be responsible for any items which are lost or held by customs as a result of incorrect declarations and/or non-payment of taxes or duties.
Restrictions on Shipments
As a business to consumer service, all international shipments through the Service will require a commercial invoice in order to clear customs, and items cannot be sent or declared as gifts. Items sent as a personal gift without a commercial invoice may not be delivered, and the user of the Service will be responsible for all fees associated with the return or disposal of the item.
You are fully responsible for the content and nature of any items which are transported through the Service, and it is your responsibility to ensure that the item can be transported into the final destination. This responsibility includes complying with all applicable taxes, import and export laws, and any other shipping restrictions, and making all necessary and accurate customs declarations. It is your own responsibility to be aware of and understand these requirements. Your failure to comply with these requirements may result in the destruction or return of the item to the seller at your own expense, for which Stallion Express will not be held responsible. Furthermore, Stallion Express strictly prohibits any illegal activity performed through or in relation to the Services.
Certain items may not be shipped through the Service. For example, under the FDA guidelines, drugs or anything that enters the mouth or is absorbed by the skin may not be shipped into the United States. This list is provided for reference purposes only, and is not meant to be exhaustive or be taken as legal advice. It will ultimately be your responsibility to be aware of the most up to date restrictions and laws relating to the items to be transported through the Service.
You agree and acknowledge that Stallion Express will have no responsibility with respect to the content of any packages that you transport through the Service. Furthermore, you will be liable to Stallion Express for any damages that Stallion Express has suffered as a result of your failure to comply with any of the applicable laws and/or shipping restrictions, damages which may include legal fees, fines, or any other loss suffered by Stallion Express.
Stallion Express reserves the right to refuse, withhold, turn over or destroy any items that are in contravention of any local laws or shipping restrictions, national regulations or are otherwise potentially dangerous or prohibited by law. Stallion Express is not responsible for any packages which are lost, destroyed, or confiscated by government authorities in contravention of the above.
For any items which have been prohibited from entry into a country, you may be required to provide Stallion Express with a pre-paid return label to return the item to the sender, or pay a processing fee for Stallion Express to dispose of the item.
Accuracy of Information and Declarations
It is your responsibility to ensure the accuracy of any information that you provide to Stallion Express. Stallion Express is in no way responsible for any lost or mis-delivered packages as a result of error in the names, addresses, or other identification information provided by you to Stallion Express, nor shall Stallion Express be responsible for the consequences of any error in declaration as to value or weight of goods shipped.
For any error in declaration with respect to item value, weight, content (including shipment of prohibited items) or anything else that affects the ability to transport the item, Stallion Express may charge an administrative penalty of up to $300 per item.
If there is any discrepancy between the weight of a package as provided by you and the weight as measured by the relevant shipping carrier, you will be responsible for any additional payments required to ship the package. Any such payments may be charged to any remaining credits on your account or from a credit card on file (for more information, refer to the Chargeback section below).
In addition, Stallion Express reserves the right to dispose of undeliverable goods in whichever manner it considers appropriate (including the destruction of the goods) without incurring any liability whatsoever, to terminate your use of the Site and Service, and to block or prevent your access to and use of the Site or Service, if Stallion Express discovers an attempt to make a false declaration or provide any other information deemed unacceptable by the shipping carrier or relevant border authorities.
Payment for the using the Service, for example, through pre-paid shipping labels, is done using pre-paid credits. Credits may be purchased using credit card information that you submit through the Site. Your credit card information is securely stored by our payment provider and will remain on file for ninety (90) days after the information is provided, in the event that any Chargebacks (as described below) are required.
When you purchase a Service, credits will be deducted from your account. Unless otherwise specified all prices and credits are in Canadian dollars only.
Once credit has been used to purchase a Service, there will be no refund of credit, cash or any other currency under any circumstances. For any refund of unused credits, please contact our customer service.
Stallion Express reserves the right, at its sole discretion applying chargeback to your account for current and past error, regardless of the source of error. Any such errors will be corrected, if possible, using remaining credits in your account, and any insufficiency in credits will be charged to a credit card on your Stallion Express account (“Chargeback”).
You expressly agree and give Stallion Express consent to apply chargeback to you or your account, in the form of direct debit of your credit card, for any of the following reasons:
- Any errors in declaration, such as those pertaining to weight, dimension, content or value of items.
- Any financial penalties incurred by Stallion Express and/or administrative penalty as a result of errors caused by you
- Any billing or human errors by Stallion Express, third parties (such as shipping carriers), and/or you which caused your account to be undercharged.
If Stallion Express determines that a Chargeback is necessary, it will notify you of the Chargeback by email. Where the Chargeback is a result of a error in declaration by you, a further administrative penalty as set out herein will be added to the Chargeback amount.
If Stallion Express is not able to process the Chargeback due to credit card or any other issues, the amount due will remain outstanding and interest will be added to and payable on all overdue amounts at the maximum percentage allowed under applicable laws. This amount will be shown in your account and will be in addition to any administrative fees, legal rights and remedies available to Stallion Express to collect on the overdue amount.
Proof of Identification
Stallion Express may require proof of your identification from time to time, and your failure to provide such proof may result in delays in the Service or suspension of your access to the Service.
You understand and acknowledge that any items transported internationally through the Service may be subject to inspections by the relevant customs agencies for compliance with local laws and duties. Stallion Express is not responsible for any damage to the items, liabilities, penalties or additional charges which may be incurred as a result of these inspections.
Stallion Express and shipping carriers also reserve the right to periodically inspect shipped goods to ensure compliance with local prohibitions, as well as to ensure that any declaration as to value or content of goods is accurate.
Shipping delays and breakage
Stallion Express will not be responsible ensuring that items are correctly or safely packaged, and will not be responsible for any damage to fragile or breakable items. Stallion Express will not mediate or otherwise participate in any disputes between you and the recipient. Limited insurance is available through the Stallion Protection service, for which terms are set out here.
The Service may be subject to shipping delays as a result of circumstances beyond Stallion Express’ control, such as border inspections, restrictions or closures, or delay on the part of the seller. Stallion Express is not responsible for any damages suffered as a result of delays in delivery to your final destination.
This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Site, this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content. You further agree not to use the Site or Service to create any service or content that is similar to or competitive with that of Stallion Express.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “Stallion Express” and www.stallionexpress.ca, constitute trade-marks, trade names, trade dress and associated products and services of Stallion Express or its affiliates (the “Marks”) or constitute trade marks, trade names, trade dress and associated products and services of Stallion Express suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Stallion Express or such third party, as applicable, is strictly prohibited.
You agree to defend, indemnify and hold harmless Stallion Express, its officers, directors, owners, employees, agents, affiliates, carriers, licensors and representatives (collectively, “Indemnitee”), against all liability, demands, claims, costs, losses, damages (whether indirect, direct, incidental, punitive, consequential, special, exemplary or otherwise), recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Indemnitee (collectively, “Losses’), known or unknown, contingent or otherwise, directly or indirectly arising from or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Stallion Express and/or its officers, directors, owners, employees, agents, affiliates, carriers, licensors and representatives, arising out of or relating to the User Content, your conduct, use or non-use of the Site, your violation of these Terms of Service or your violation of the rights of any third party.
The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of this agreement, whether by expiration of time, by operation of law or otherwise.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY STALLIONEXPRESS.CA, THE SITE, THE SITE MATERIALS AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE OR OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. STALLION EXPRESS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, PRODUCTS AND SERVICES THEREIN. STALLION EXPRESS DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY OTHER INFORMATION, PRODUCTS SERVICES OR OTHER CONTENT MADE AVAILABLE OR OFFERED ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHER, STALLION EXPRESS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
STALLION EXPRESS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN NO EVENT WILL STALLION EXPRESS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES, ANY CONTENT OR MATERIALS CONTAINED IN, PURCHASED THROUGH OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM STALLION EXPRESS OR ITS SUPPLIERS OR MERCHANTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO STALLION EXPRESS' OR ANY USER OR MEMBER'S RECORDS, PROGRAMS OR SERVICES.
NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN THE EVENT THAT STALLION EXPRESS BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STALLION EXPRESS FOR ANY AND ALL CLAIMS, DAMAGES, AMOUNTS OR FEES OF ANY KIND, HOWSOEVER ARISING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER ANY OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE ACTUAL AMOUNT OF REVENUE STALLION EXPRESS EARNED ON SERVICES PROVIDED TO YOU.
YOU AGREE THAT STALLION EXPRESS WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OF ITS SELLERS OR SUPPLIERS. FOR FURTHER CLARITY, STALLION EXPRESS IS NOT LIABLE FOR SHIPMENTS UPON THEIR RECEIPT BY DESIGNATED CARRIER.
STALLION EXPRESS DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLERS OR SUPPLIERS.
Without limiting the generality of any limitation of any liability or limitation of warranty in these Terms of Service, Stallion Express will not be liable for any intellectual property, product or service provided by any seller or supplier, including but not limited to any warranty or manufacture defect. All such claims are to be made directly with the seller, supplier, manufacturer or service provider.
Limitation of Time
You agree that you will not bring a claim under these Terms of Service more than eighteen months (18) from when your claim arises.
Any dispute which arises in relation to these Terms of Service will be definitively settled under the auspices of The Canadian Commercial Arbitration Centre, by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in force at the time the Service is provided. The place of arbitration will be Toronto, Ontario, Canada. The language of the arbitration will be English.
Applicable Law and Venue
These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the Province of Ontario and of Canada applicable therein, applicable to agreements made and to be entirely performed within the Province of Ontario, without regard to its conflict of law provisions.
Subject to mandatory arbitration, you agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the provincial and federal courts located in Toronto, Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service or your use of the Site.
Notwithstanding any of these Terms of Service, you agree that Stallion Express shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Waiver of Jury Trial and Class Action Rights
To the extent permitted by law, and subject to the mandatory arbitration PROVISION, you acknowledge, agree and understand that, with respect to any dispute with Stallion Express, respective officers, directors, employees or agents, arising out of or relating to these Terms of Service: (I) YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (II) YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Notwithstanding any of these Terms of Service, Stallion Express reserves the right, without notice and in its sole discretion and without any cost, charge or liability to Stallion Express, to terminate any of its programs, to terminate your use of the Site, and to block or prevent your future access to and use of the Site.
Stallion Express will not be responsible for failing to notify you of any of its actions where such failure is caused by an inaccurate email address, your failure to check email online, your failure to inform Stallion Express of a change in your email address, or if you fail to receive the notifying email for any reason.
You may close your account at any time by contacting us through sending an email from the email address associated with your account to [email protected] with the subject line “ACCOUNT CLOSURE”, to request for your account to be closed, but these Terms of Service and Terms of Service will apply to your past (or any future) use of the Site after closing your account.
Words importing the singular numbers included the plural and vice-versa; words importing the masculine gender included the feminine and neuter genders. The headings and other captions in these Terms of Service are for convenience and reference only and are not to be construed in any way as additional or limitations of the covenants and agreements contained in the Terms of Service.
Stallion Express shall not be liable for any failure or delay in performing an obligation under these Terms of Service that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the COVID-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.
These Terms of Service represent the entire understanding and agreement between you and Stallion Express regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.
For Residents of Quebec
The parties declare that they have required that these Terms of Service and all documents related hereto, either present or future, be drawn up in the English language only.
Les parties déclarent par la présente qu'elles exigent que les présentes conditions d'utilisation et tous les documents connexes, qu'ils soient actuels ou futurs, soient rédigés en anglais uniquement.
You agree that if Stallion Express does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Stallion Express has the benefit of under any applicable law), this will not be taken to be a formal waiver of Stallion Express' rights and that those rights or remedies will still be available to Stallion Express.
All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Additional details, FAQs and terms and conditions regarding the Service may be found on Stallion Express’ Help Centre.