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Terms of service

Date of Last Revision: July 9, 2019

Agreement

Please read these terms and conditions of service and use ("Terms of Service") in detail. By accessing or using www.chitchats.com website (the "Site", “Chit Chats") or any Chit Chats Express Inc. ("Chit Chats", "we", "our" or "us") services (the "Service"), you are agreeing to these terms and conditions, including the Terms of Use and the Shipment Compliance Declaration, which govern your access to, and use of, our Site and Service. This includes the messages, information, data, text, software, images and other content that make up this Service (the "Content".) If you do not agree to these Terms of Service, you must stop using our Site and Service. In addition, please refer to our Privacy Policy for information on how Chit Chats collects, uses and discloses personally identifiable information from its users on the Site. Furthermore, by accessing or using our Site and Service, you agree to be bound by the terms and conditions of these Terms of Service, and all terms incorporated into these Terms of Service by reference.

The term "you" ("your", "yourself", "User", "client", "Account Holder") 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 Services.

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 Chit Chats for violations of these Terms of Service.

These Terms of Service exempt Chit Chats 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

Chit Chats 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, 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 this Site 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 Site. If you do not agree to the changed or modified terms, you must stop using the Site.

Chit Chats may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of its service and use, including: (a) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Service; (b) removing, adding, modifying or otherwise changing any fees or charges arising out of use of the service or any features of the Service; and (c) removing, adding, modifying or otherwise changing any Content on the Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Service at any time without notice, but confirm that we have no duty to do so.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED.

Scope of Service

Postage and Carrier Options

You are responsible for researching and selecting the best postage types Chit Chats makes available to you – we make no assurances which postage type may be best suited for you.

Scope of Service

The service that Chit Chats offers to its users encompasses the following:

  1. Chit Chats account to access our products and services, your shipments and shipment history;
  2. Economical tracked and non-tracked postage and shipping options;
  3. Ability to purchase postage online and print shipping labels;
  4. Integrations with popular e-commerce platforms to streamline your shipping. We are integrated with eBay, Etsy, Shopify and Amazon;
  5. Access points by which your goods are received by Chit Chats, including:
    1. Dropping off your goods at a local Chit Chats branch;
    2. Dropping off your goods at one of our conveniently located drop spots, to be picked up by a Chit Chats driver;
    3. Mailing or couriering your goods to one of our branches;
    4. Scheduling a pickup with a Chit Chats driver. Pickups are limited by region. Contact us to see if your area is covered;
  6. Low cost insurance coverage for loss and damage;
  7. Flat rate shipping for intra-Canada destinations;
  8. Induction of your goods at our partner carriers for final delivery to your customer;
  9. Hand-off of international-bound goods to our partner carriers, after which they hand off to local postal authorities in the destination countries for final delivery; and
  10. Regular scanning of goods starting when we receive them at our branches, including drop spot goods picked up by our drivers, goods mailed or couriered to us, or goods picked up by a Chit Chats driver.

Terms of Carriage

We are not liable for our partner carriers or their third party operator’s failure to make timely delivery on the delivery time or date specified. Any statement by us as to the probable time or date of delivery by the carrier is an estimate only, and is not warranted in any manner.

We are not liable for any consequential, incidental or punitive damages, or any loss or damage resulting from delays in shipping or delivery. We assume no liability for the delivery of the goods accepted for shipment or for loss or damage by any cause to the goods or its contents while in transit.

We do not transport the goods to the recipient’s address, our partner carriers and/or their third party operators do. Once the goods have been received by the carriers from us, we assume no liability for the delivery of the goods or for loss or damage by any cause to the goods while in transit with a carrier or their third party operators. You expressly acknowledge that the value of the goods do not exceed the amount stated in the electronic shipment information uploaded to the Site.

Drop Off Goods to Chit Chats

Chit Chats Branch

Chit Chats branches are owned and operated by Chit Chats. All branches have customer service representatives on site to help you with any questions you may have. For your convenience branches offer access to computers, postage label printers, scales and shipping supplies.

Authorized Drop Spot & Access Fee

Chit Chats also offers convenient drop off locations (“Drop Spot”) across Canada. Authorized Drop Spots are operated by third party vendors and they DO NOT offer access to computers, postage label printers, scales or shipping supplies.

To use any of the authorized Drop Spots, you must,

  1. have a valid Chit Chats account in good standing;
  2. be aware you’ll be charged a drop spot access fee (fees may differ region to region);
  3. purchase postage and delivery fees;
  4. print and label the goods;
  5. drop off the goods at an authorized Drop Spot; and
  6. batch your shipments to avoid delays.

You may drop off your goods for delivery at any of our branches or Drop Spots. Please refer to our location map for our branches and authorized drop spots near you.

Mail-in or Courier

Want to save money on postage but you don’t live near a branch or drop spot? You can still save money on postage. Just courier your consolidated shipments to the nearest Chit Chats branch with a local courier of your choice. We accept mail-in or courier deliveries of your goods from: Canpar, FedEx, Purolator, UPS or other local couriers specific to your region.

Pickup Service and Fees

Chit Chats offers pickups for limited regions and are subject to approval. Contact us to request a pickup service.

To use a Chit Chats pickup, you must:

  1. Have a valid Chit Chats account in good standing;
  2. Upon pickup, provide our driver with an accurate batch of all your shipments to avoid Delays and ensure accuracy for US Customs;
  3. Have shipments prepared for our driver prior to driver arrival;

Pickup fees may include:

  1. Regular service fees per pickup
  2. Cancellation fees for same-day cancellation (within 24 hours of next pickup)
  3. Fuel surcharge
  4. Remote access fee
  5. Fees for driver wait times exceeding 20 minutes

Transportation and Delivery

Chit Chats undertakes to arrange for transportation and delivery of the goods handed over to us by you or a third party on your behalf. In doing so, Chit Chats may engage national and/or foreign third parties (other carriers and/or postal operators) involved in onward carriage and delivery of the goods to the recipient. Delivery in the destination country shall be carried out in compliance with the laws and regulations of that country. Chit Chats does not guarantee any particular delivery deadline or date. All delivery times published on the Site are only indicative time estimates and are not binding on Chit Chats. Chit Chats is free to select the route, the means of transport and the transportation and delivery sub-contractors or partners to be used for the transportation and delivery of the goods and may change the same at its own discretion. Chit Chats is furthermore entitled to store the goods for an interim period between the receipt and the transportation of the goods.

Customs Clearance

If any goods are subject to the control of a United States or International customs authority, all duty, excise duty and other costs which become liable to pay are paid by you or the goods recipient.

For goods with a destination in countries within the European Union, you authorize and give consent to Chit Chats and its carriers to the transmission of the Personal Data accompanying the goods to the customs authorities of the countries concerned, in accordance with the laws in force in those countries.

Right of Inspection

Without notice, we may, at our sole discretion, open and inspect any goods and its contents at any time. Customs authorities, or other governmental authorities, may also open and inspect any shipment and its contents at any time. Chit Chats reserves the right to open and inspect any goods tendered to it for transportation, but is not obligated to do so.

You expressly agree to waive any right to refunds for goods rejected by Customs authorities, or other governmental authorities, and you expressly agree that the rejected goods may be confiscated or destroyed without any compensation.

Returns Services and Fees

To qualify to use Chit Chats Returns service you must expressly opt-in for our returns service. A returns fee will be applied to your account immediately upon Chit Chats receiving your returned goods at our facility, charges applied to your account will include postage and service fee. Upon receiving your returned goods at Chit Chats’ facility, we will notify you via email. It is your responsibility to maintain active email address in your account profile.

If you expressly opt not to have your returned goods returned or refuse to pay the costs for the return and/or the storage of these goods, you expressly authorize Chit Chats to dispose of these goods in whichever manner it considers appropriate (including the destruction of your goods or donate them) without incurring any liability whatsoever to Chit Chats or anyone else.

Returned Goods Received At Chit Chats’ Canadian Facility

Upon notifying you of your returned goods, Chit Chats will hold your returned goods for maximum thirty (30) days. In the event that your returned goods which were bound for Canadian recipients are refused by you, full returns fee will apply. Further, you expressly authorize Chit Chats to dispose of these goods, after the thirty (30) days notice expires, in whichever manner it considers appropriate (including the destruction of your goods or donate them) without incurring any liability whatsoever to Chit Chats or anyone else.

Returned Goods Received At Chit Chats’ US Facility

Upon Chit Chats receiving your returned goods at our US facility, you will have a maximum of sixty (60) days to provide Chit Chats the power of attorney to transport your returned goods back into Canada.

You expressly authorize Chit Chats to dispose of these goods, after the sixty (60) days notice expires, in whichever manner it considers appropriate (including the destruction of your goods or donate them) without incurring any liability whatsoever to Chit Chats or anyone else. Limited to returned goods which were bound for US recipients, a returns charge will not be applied for returns which are refused by you.

Undeliverable Goods and Unclaimed Goods

Chit Chats shall use reasonable efforts to gather and return undeliverable and unclaimed goods to you. In case of return of undeliverable and unclaimed goods, you are not entitled to reimbursement of the price paid to send the goods nor any fees charged associated with the goods. If you expressly opt not to have the undeliverable and unclaimed goods returned or refuse to pay the costs for the return and/or the storage of these goods, you expressly authorize Chit Chats to dispose of these goods in whichever manner it considers appropriate (including the destruction of your goods or donate them) without incurring any liability whatsoever to Chit Chats or anyone else.

Refusal of Service

Chit Chats reserves the right to refuse to provide service, intercept, hold or return any goods for any reason, including but not limited to:

  1. For any goods deemed improperly or insecurely packed or wrapped or labeled
  2. To provide alternative service arrangements
  3. Chit Chats, in its sole discretion, determines that it is unsafe or economically or operationally impracticable to provide service
  4. Chit Chats, in its sole discretion, determines that its services are being used in violation of federal, provincial, or local law, or for fraudulent purposes,
  5. When the account of the person or entity responsible for payment is not in good standing.

Right of Disposal of Damaged Packages

Chit Chats reserves the right to, without prior notice, dispose of damaged contents of goods, or damaged goods and its entire contents if, at Chit Chats’ sole discretion, the contents or packaging may cause harm to any Chit Chats employee, the public, or damage to other goods, Chit Chats equipment or facilities.

Delayed Shipments

We will make our best effort to deliver your goods according to our regular delivery schedules. We nor our carriers or their agents are liable for any losses or damages caused by delays, even if they are at fault, in picking up, transporting (including delays caused by diversions), or delivering a shipment.

Circumstances Beyond Our Control

We are not liable if goods are lost, misdelivered, damaged, or delayed because of circumstances beyond our control. These circumstances include: terrorist activity; strikes; labor actions; an "act of God," for example an earthquake, cyclone, storm, or flood; "force majeure," for example war, plane crash, or embargo; import/export clearance delays; any defect or characteristic to do with the nature of the shipment, even if known to us when we accepted it; or any action or omission by anyone outside our carriers, or their agents, for example the sender of the shipment, the recipient, or an interested third party, Customs or government officials, or other carriers or third parties whom we contract to deliver to destinations that we do not serve directly. We are not liable even if you, the sender, did not ask for or know about a third-party delivery. We are also not liable for electrical or magnetic damage to, or erasure of, electronic or photographic images or recordings.

Consequential Damages

We are not liable for the following, whether they arise in contract or any other form of civil action, including negligence, and even if they are our fault: consequential or special damages or loss; other indirect loss; or breach of other contracts. Consequential damage or loss includes but is not limited to loss of income, profit, interest, markets, and use of contents.

Export Laws, Rules and Regulations

You are responsible for and warrant your compliance with all applicable laws, rules and regulations, including but not limited to, the export laws and government regulations of any country to, from, through or over which your shipment may be carried. You agree to furnish such information and complete and provide Chit Chats with such documents as necessary to comply with such laws, rules and regulations. Chit Chats will not carry shipments that violate export laws including, but not limited to, Canadian export laws.

Shipment Compliance Declaration

For a detailed list of the rules and regulations to which Chit Chats and its users must strictly adhere, please refer to the Shipment Compliance Declaration.

Prohibited Items and Carrier Restrictions

For a detailed list of the rules and regulations to which Chit Chats and its users must strictly adhere, please refer to Prohibited Items.

Chit Chats offers the Shipment Compliance Declaration and Prohibited Items and Carrier Restrictions as a reference only, we make no assurances it is up to date or accurate. It is your responsibility to ensure your compliance with all applicable laws, rules and regulations, including but not limited to, the export laws and government regulations of any country to, from, through or over which your shipment may be carried.

False Statements and Right to Inspect: The submission of a false, fictitious, or fraudulent statement may result in imprisonment of up to 5 to 8 years depending on the nature of the violation (18 USC Sec. 1001). In addition, a civil penalty of up to US $5,000 and an additional assessment of twice the amount falsely claimed may be imposed (31 USC Sec. 3802).

YOU EXPRESSLY ASSUME ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR EXPENSE, INCLUDING BUT NOT LIMITED TO, FINES AND PENALTIES, IF YOU FAIL TO COMPLY WITH ANY EXPORT LAWS, RULES OR REGULATIONS.

Account

Valid Account Registration

Access to the Service requires that you register certain information with Chit Chats, including but not limited to, personal and business information (“Registration Information”). In consideration of your access to and use of the Service, you agree to:

  1. provide true, accurate, current and complete Registration Information as prompted by the registration form;
  2. maintain and promptly update the Registration Information to ensure that it is true, accurate, current and complete; and
  3. You also represent and warrant that you have reached full age or the age of majority in your jurisdiction residence. If you provide any information that is untrue, inaccurate, not current or incomplete, or Chit Chats has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Chit Chats has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof).

Account Number

A unique Chit Chats account number (“Account Number”) is assigned to you upon successful registration. A valid account number is non-transferable and required and ensures that:

  1. you can access Chit Chats services;
  2. correct charges are applied to your account; and
  3. your account activity is tracked by our system.

Password

Access to the Service is controlled by usernames and passwords. The access that is granted to you under these Terms of Service to use the Service is personal to you, and non-transferable, and permits only your personal access to the Service (your “Account”), subject to this section of these Terms of Service. Any other third-party access is strictly prohibited. You agree to keep confidential the password that you use to access the Service. In the case of registration by you in your personal capacity, you agree not to disclose your account number, password to any other individual or entity, commercial or otherwise.

In the case of registration by you as a duly authorized representative of a commercial entity, you agree not to disclose your password to any other entity, commercial or otherwise, and not to disclose your password to any individual, unless such individual is also a duly authorized representative of such commercial entity with a need to know such information and is made to comply with these Terms of Service.

You agree that you are fully responsible for maintaining the confidentiality of your password and that you will be responsible for any breach of this obligation, including any damages which flow from, or are connected to, such breach, without limitation.

You agree that you are fully responsible for all activities that occur under your password. You also agree to contact us immediately if you have any reason to believe that your account has been compromised. You further agree to ensure that you exit from your account at the end of each session. Chit Chats reserves the right to change passwords at any time to protect the security of the Service.

Accuracy of Your Information

Chit Chats relies on the information you provide through the Site, including your profile information (name, email address among others) and account information (credit card numbers and expiration dates and addresses) which must be current, true and complete. You are required to update your profile and account information immediately, when applicable, and will be solely responsible and liable for any loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information.

Chit Chats may, at its sole discretion, refuse to accept shipments generated on a user account in which the contact details are not verified.

No Resale or Redistribution of Service

Except as expressly authorized by Chit Chats in writing, you agree not to exploit for any personal gain or commercial purposes, including but not limited to, reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or, any portion of the Service, or access to the Service or computer code that powers the Service.

Referral Program

As offered from time to time, you can earn credits or commission by introducing your friends to Chit Chats by sharing your personal referral link or sending email invites to them. You can learn more about our referral program here.

Chit Chats reserves the right to cancel its referral program at any time without notice. Any unused credits have no cash value and will not be paid out at program cancellation or account closure.

Account Holder Obligations

Any misuse, including late payments, of your account can result in a permanent or temporary discontinuance of service. All requests for issuance of account numbers are subject to credit investigation and verification by our Credit Department. The Credit Department may require, in its sole discretion, that you have a major credit card acceptable by Chit Chats.

The party to whom an account number is issued (“Account Holder”) is liable for all charges to the account. The account holder is responsible for the safe keeping of the Registration Information, including account number, and should release the number only to those authorized to ship on the account. The account holder bears the risk of all unauthorized use of the account number. Failure to keep your Chit Chats account current will result in your account being placed on “on hold” status and loss of Service. “On hold” status may result in service delay, rejection or return or administrative fees until payments are paid in full.

Suspended Account for Late Payment - Late Payment Charge

In the event payment is overdue, interest will be added to and payable on all overdue amounts at 2 (Two) percent per month, or the maximum percentage allowed under applicable Ontario laws, whichever is less. This charge will appear on your Chit Chats account. This is in addition to any administrative fees, legal rights and remedies available to Chit Chats.

Deactivating Accounts

Chit Chats authorizes one person, company or entity to have one valid account belonging to them. If you are found to be in violation of these terms and you have more than one valid account without prior written consent from Chit Chats, any accounts associated to your valid account may be suspended at Chit Chats’ sole discretion.

Termination

Notwithstanding any of these Terms of Service, Chit Chats reserves the right, without notice and in its sole discretion and without any cost, charge or liability to Chit Chats, to terminate any of its programs, to terminate your use of the Site and Service, and to block or prevent your future access to and use of the Site.

Chit Chats 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 Chit Chats of a change in your email address, or if you fail to receive the notifying email for any reason.

UPON YOUR ACCOUNT BEING SUSPENDED OR TERMINATED FOR VIOLATION OF THESE TERMS, INCLUDING VALID AND INVALID ACCOUNTS, YOU HEREBY GIVE UP YOUR RIGHT TO ANY CLAIMS AGAINST CHIT CHATS, INCLUDING BUT NOT LIMITED TO, LOSS OF INCOME, PROFIT, INTEREST, MARKETS, GOOD WILL AND REPUTATION.

Fees and Charges

Pricing Information

Rates and service quotations by our employees and agents are based upon information you provide, but final rates and service may vary based upon the shipment actually tendered and the application of these Terms of Service. Except as otherwise provided above, any conflict or inconsistency between Chit Chats and other written or oral statements concerning the rates, features of service, and terms applicable to Chit Chats Service and any will be controlled by Chit Chats, as modified, amended or supplemented.

Price Quotes

Chit Chats strives to provide accurate pricing information regarding the services and products available on the Site. We cannot, however, insure against pricing errors. Chit Chats reserves the right, at its sole discretion, to not process or to cancel any requests placed for a product or service, including but not limited to, whose price was incorrectly posted on the Site as a result of an error or error due to incorrectly declared weight and size of the goods. The price quotes reflected on the Site, if shown, may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. If this occurs, Chit Chats will notify you by email. In addition, Chit Chats reserves the right, at its sole discretion, to correct any error in the stated price, including but not limited to, applying chargebacks to your account for current and past errors.

Postage and Fee

Chit Chats offers postage printing to clients who use our shipping services. Because of this, we charge delivery fees with our postage whether you use our shipping services or not.

Chit Chats offers postage options as part of its service, however we are not responsible for ensuring you purchase the best rate available. You are responsible for researching and choosing the appropriate postage for your shipment. This includes ensuring your shipment meets any specific qualifications or requirements for the service chosen.

Conversion Rates

Please be aware that all U.S. rates shown on Site are dependent on the daily conversion rate. This may affect postage refunds and chargebacks.

Currency conversion rate charges to your account in a foreign currency may be converted to your currency using an exchange rate secured through major banks, plus an exchange fee percentage of the amount converted.

Delivery Fee

  1. In consideration for the use of the Service, you agree to pay to Chit Chats a fee for each shipping transaction initiated by you at the applicable rate then in effect (the “Delivery Fee”). The applicable Delivery Fee for your transaction will be provided to you prior to your final authorization of the transaction, in addition to any applicable taxes and other charges. Shipping Fees, amount of the shipping transaction, taxes, and other charges required to complete a shipping transaction are due and payable before Chit Chats processes the transaction;
  2. Chit Chats reserves the right to change the prices, fees and charges associated with the Service at any time and from time to time without any notice or any liability to you or any other person. Chit Chats reserves the right to limit the principal amount of a shipping transaction. Chit Chats also reserves the right at any time to reject, cancel or terminate any shipping transaction;
  3. You represent and warrant that, when initiating a shipping transaction, you have sufficient funds available to you in the method of payment that you are using to cover all Shipping Fees, amount of the shipping transaction, taxes, and other charges required to complete a shipping transaction with Chit Chats;
  4. Each time you use our Services you agree that Chit Chats is authorized to charge or withdraw from your desired method of payment all Shipping Fees, amount of the shipping transaction, taxes, and other charges required to complete a shipping transaction with Chit Chats. You acknowledge and agree that: (a) your agreement with your method of payment issuer governs use of that method of payment, and you must refer to that agreement to ascertain your rights and liabilities when using that method of payment, including any additional charges or fees applied by your method of payment issuer; (b) you are responsible for any additional charges or fees applied by your method of payment issuer to you to use Chit Chats’ Service; and (c) you are responsible for checking your method of payment issuer account information, such as account balances and statements; and
  5. You acknowledge and agree that Chit Chats does not verify any information about, and is not otherwise responsible for, the recipient of a shipping transaction or other services.

Rounding Measurements Shipment

Some goods’ weight must be rounded up to the next ounce, whole pound or kilogram subject to the carriers pricing structure. The goods’ dimensions must be rounded off to the closest whole inch or centimeter subject to the carrier pricing structure.

Chargeback

Chit Chats reserves the right, at its sole discretion, to correct any error in the stated price, including but not limited to, applying chargeback to your account for current and past error. Any discrepancies in the above will be corrected with a deduction of the appropriate credits from your Chit Chats account (“chargeback”). FURTHERMORE, IN THE EVENT CHIT CHATS DETERMINES CHARGEBACK IS VALID AND NECESSARY, YOU EXPRESSLY AGREE AND GIVE CHIT CHATS PERMISSION TO APPLY CHARGEBACK TO YOU OR YOUR ACCOUNT, INCLUDING RETROACTIVELY, TO RECOVER IN FULL, IF A PRICE DISCREPANCY OCCURRED DUE TO,

  1. you submitting inaccurate weight and dimensions of your shipment, which caused you to be undercharged;
  2. billing error which caused you to be undercharged;
  3. human errors which caused you to be undercharged; and
  4. inaccurate pricing applied to your account, including but not limited to, pricing errors caused by Chit Chats, our vendors or carriers, which caused you to be undercharged.

In the event Chit Chats determines chargeback is necessary, the following steps will occur, we will,

  1. send email notification to you;
  2. suspend your account and withhold our services temporarily;
  3. deduct credits from your account, possibly causing your account credits to go into the negative (if a negative balance is carried forward for a period of 30 days we will deactivate your account until you contact us to reconcile the balance;
  4. you may be subject to late payment charges, suspensions or permanent termination if the chargeback is not reconciled in a timely manner; and
  5. charge you, without any further notice, a default interest, administrative fee and/or compensation for recovery costs. The compensation for recovery costs shall be charged to you according to Chit Chats, without prejudice to the right of Chit Chats to be indemnified for any additional costs such as attorney fees and debt collection agency fees.

Default of Payment

In case of default of payment (e.g. in case of late payment, partial payment or any rejection of a payment order), Chit Chats shall charge you, without any further notice, a default interest, administrative fee and/or compensation for recovery costs. The compensation for recovery costs shall be charged to you according to Chit Chats, without prejudice to the right of Chit Chats to be indemnified for any additional costs such as attorney fees and debt collection agency fees. In order to ensure Chit Chats against non-payment, you acknowledge that Chit Chats shall have a lien on all goods handed over to Chit Chats and which is in the possession of Chit Chats and authorizes expressly the latter, in whatever way Chit Chats consider appropriate, to retain the goods until complete payment of any sum due by you and/or to sell or to withhold the goods in order to recover the sums due by you. In any case, Chit Chats has the right to shorten the payment term or to ask you to pay immediately without giving a reason.

Account Credits and Payment Method

Account Credits

The Site operates on credits that you are able to add to your account. Credits are used to pay for the goods and services that we offer through our platform such as shipments, supplies, pick up and return fees.

When you print a shipping label through Chit Chats, credits will be deducted from your account for the postage, insurance and delivery fees if applicable. (i.e: each U.S.-bound shipment is charged a delivery fee for transport across the border). All prices and credits are in Canadian dollars only. We display the current exchange rate when you select your postage option.

In your account under Shipments, you will see a summary of available credit and unpaid fees. Available credit is the total of the funds you have on your account for making charges. Available credit can be used for postage, pick up fees, paying for supplies, etc.

Unpaid fees are the total of the outstanding postage, insurance delivery and other fees. These fees are deducted from your available credit when you purchase postage before printing your labels. If you print postage outside of our platform, you will have to pay for your delivery fees independently.

Payment Method

We accept payments by credit card, or with cash or debit in some of our branches. Your credit card information is securely stored by our payment provider Stripe.

Refund Policy

You agree that Chit Chats will not, under any circumstances, be liable for loss of or damage to any goods and, you agree to waive any right to refunds for lost or damaged goods, unless you have purchased adequate insurance from Chit Chats to cover loss and damage. In the event Chit Chats becomes liable to you for loss or damage, in no event shall the aggregate liability to Chit Chats for any and all claims exceed the actual amount of revenue Chit Chats earned on your product purchase.

Postage Refunds

Postage refunds are dependent on verification by the carrier that the postage has not yet been used. This may result in a delay between the request for a refund and the approval of that refund. All approved postage refunds will result in a refund of credits back to the original payment account.

Delivery Fee Refunds

Chit Chats offers postage options for clients who use our shipping services. In the event that postage is purchased through Chit Chats and you choose to use an alternate shipping service, neither the postage fee nor any delivery fees incurred through Chit Chats will be refunded to you.

Administrative Fees

Handling Fees for Shortfall

You expressly consent Chit Chats to charge you CAD $50 administrative fee and any shortfall in payments, at any time at Chit Chats' sole discretion, per each instance, including but not limited to, for any discrepancies between your shipments and the actual good count and weight received by Chit Chats.

Handling Fees for Restricted Goods and Misdeclaration

You expressly consent Chit Chats to charge you CAD $500 administrative fee, at any time at Chit Chats' sole discretion, per each instance, on top of any Custom and Border Protection ("CBP") fines before the release of your goods for any restricted goods shipped, misdeclaration of value or any other information that US federal authorities including, but not limited to, the CBP, USDA or US FDA, deem unacceptable.

Chit Chats reserves the right, without notice and in its sole discretion and without any cost, to terminate your use of the Site and Service, and to block or prevent your future access to and use of the Site, if Chit Chats discovers discrepancies between your manifest and the actual good count and weight or misdeclaration of value or any other information that US federal authorities including, but not limited to, CBP, USDA or US FDA, deem unacceptable.

Insurance and Claims

Chit Chats offers low cost insurance coverage for loss and damage, for tracked goods only.

If you opt out of adequate insurance coverage which covers loss and damage, you expressly agree that Chit Chats will not, under any circumstances, be liable for loss or damage to any goods. Further, you unequivocally agree to waive any claim to refunds for lost or damaged goods, whether the loss or damage occurred before or after Chit Chats received them. Read more.

Insurance

Through Chit Chats, insurance covers the invoice value of the goods plus the postage costs against loss, damage, or shortage that occurs while in transit.

Uninsurable - General

Goods that are uninsurable include, but not limited to, accounts, bills, bullion, currency, deeds, evidence of debt, furs, original/fine art, computer chips, money, notes, securities, perishable cargo, precious/semi-precious stones, televisions, tickets, laptop computers, cellphones, personal goods, or similar property unless endorsed in writing.

Uninsurable - Non-Tracked

Chit Chats does not offer insurance for goods shipped with no-tracking. There will be no reimbursement for items which are not tracked. For clarity, Chit Chats is not liable for any goods which are lost, delayed or damaged.

Loss or Damage Claims

If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition – in which instance no claims will be accepted.

You may file a claim for loss or damages if,

  • you have purchased adequate insurance from Chit Chats to cover loss and damages;
  • your goods are lost or damaged;
  • your claim is initiated within 30 days of the original ship date;

Other terms and conditions may apply. To learn more please check here.

If you qualify to make a claim, please submit your claim at Chit Chats’ Claims.

Packages sent to these countries cannot be insured (subject to change without notice).

  • Afghanistan
  • Algeria
  • Angola
  • Belarus
  • Bosnia and Herzegovina
  • Burundi
  • Cote d'ivoire (Ivory Coast)
  • Croatia
  • Cuba
  • Democratic Republic of the Congo
  • Iran
  • Iraq
  • Jordan
  • Liberia
  • Libya
  • Moldova
  • Montenegro
  • Myanmar (Burma)
  • Nigeria
  • North Korea
  • Paraguay
  • Republic of the Congo
  • Russia
  • Serbia
  • Sierra Leone
  • Somalia
  • Sri Lanka
  • Sudan
  • Syria
  • Togo
  • Yemen
  • Zimbabwe

General

These Terms of Service constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter.

Notwithstanding the foregoing, if you and Chit Chats agree to a written services agreement and such agreement expressly overrides these Terms of Service, the provisions of such agreement will prevail. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect.

No waiver of or consent to depart from the requirements of any provision of these Terms of Service will be binding unless it is in writing and signed by Chit Chats. You and Chit Chats are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Service.

The provisions of these Terms of Service will enure to the benefit of and be binding upon you and Chit Chats and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms of Service or your rights and obligations under these Terms of Service without our express prior written consent, which may be withheld in our sole discretion. Chit Chats may assign these Terms of Service and our respective rights and obligations under these Terms of Service without your consent.

Extent of Our Liability

We make no warranties, express or implied. You agree that Chit Chats will not, under any circumstances, be liable for loss of or damage to any goods and you agree to waive any claim to refunds for lost or damaged goods unless you have purchased adequate insurance from Chit Chats to cover loss and damages. In the event Chit Chats becomes liable to you for loss or damage, in no event shall the aggregate liability to Chit Chats for any and all claims exceed the actual amount of revenue Chit Chats earned on your product purchase. Chit Chats offers postage options for clients who use our shipping services.

Indemnification

You agree to defend, indemnify and hold harmless Chit Chats, 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 your participation in business with the Chit Chats under these Terms of Service.

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.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CHIT CHATS, 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. CHIT CHATS 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. CHIT CHATS 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, CHIT CHATS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CHIT CHATS 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 CHIT CHATS, 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 CHIT CHATS 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 CHIT CHATS' 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 CHITCHATS.COM BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHITCHATS.COM 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 CHITCHATS.COM EARNED ON YOUR PRODUCT PURCHASE.

YOU AGREE THAT CHITCHATS.COM 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, CHITCHATS.COM is not liable for shipments upon their receipt by the designated carrier.

NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN THE EVENT THAT CHIT CHATS BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHIT CHATS 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 CHIT CHATS EARNED ON YOUR PRODUCT PURCHASE.

CHIT CHATS DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY ITS SELLERS, SUPPLIERS OR CARRIERS. YOU AGREE THAT CHIT CHATS WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OF CHIT CHATS’ SELLERS, SUPPLIERS OR CARRIERS. FOR FURTHER CLARITY, YOU AGREE CHIT CHATS IS NOT LIABLE, MONETARY OR OTHERWISE, FOR SHIPMENTS UPON THEIR RECEIPT BY THE DESIGNATED CARRIER.

Without limiting the generality of any limitation of any liability or limitation of warranty in these Terms of Service, Chit Chats 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.

Arbitration

All disputes arising out of or in connection with these Terms of Service will be referred to and finally resolved by arbitration under the rules of the Ontario International Commercial Arbitration Centre. The appointing authority will be the Canadian Arbitration Association. The case will be administered by the Ontario International Commercial Arbitration Centre in accordance with its rules. 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 and Service 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, Canada 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 and Service.

Notwithstanding any of these Terms of Service, you agree that Chit Chats 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 Chit Chats, 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.

Interpretation

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.

Entire Agreement

These Terms of Service represent the entire understanding and agreement between you and Chit Chats 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.

Waiver

You agree that if Chit Chats does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Chit Chats has the benefit of under any applicable law), this will not be taken to be a formal waiver of Chit Chats' rights and that those rights or remedies will still be available to Chit Chats.

Survival

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.

Severability

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.

Questions & Contact Information

If you have any questions regarding the use of the Site or Service, please refer to our FAQs. If you need further help or support, please contact us with any questions or comments about the Site or Service through our Contact Page.