INEX TERMS OF USE AGREEMENT

IMPORTANT NOTICE: BY VISITING INEX WEBSITE AND UTILIZING THE WEBSTORE YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS:

A. INEX TERMS OF USE AGREEMENT
B. INEX PRE-AUTHORIZED DEBIT SUPPLEMENTAL TERMS
C. NOTICES FROM INEX

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

1. PARTIES. The parties to these Terms of Use are you, and the owner of www.inex.ca website business, Inex, using the trade name Inex. All references to “we”, “us”, “our”, this “website” or “this site” shall be construed to mean this website business.
2. USE AND RESTRICTIONS. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
3. USE AND RESTRICTIONS. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
4. MODIFICATION. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
5. PROHIBITIVE ITEMS AND DANGEROUS GOODS. It is your responsibility to ensure the items that are being shipped are of legal content and substance. Users are encouraged to review the specified carrier terms and conditions, along with restrictions on items that can be shipped by the shipping carrier, before selecting the shipping carrier. Inex is not responsible for the contents of the items that are being shipped. Users are solely responsible for the items they ship.
6. RIGHT OF INSPECTION. Inex reserves the right to open and/or inspect any shipment tendered to it, at any time, without notice, and for any reason, but is not obliged to do so. Governmental authorities may also open and inspect any shipment at any time without notice.
7. SHIPPING ISSUES. Issues arising from delayed, lost, or damaged packages must be addressed to the shipping carrier that was selected by you and is not the responsibility of Inex. Inex is not responsible for any refunds in connection with shipments that do not meet service guarantees or estimated delivery dates by a shipping carrier. Inex is not responsible for packages that are not picked up by the shipping carrier from you. Any disputes arising from your use of a shipping carrier’s services are the sole responsibility of you and the shipping carrier.
8. REFUSAL OF PACKAGE OR SERVICE. Inex reserves the right to refuse any shipment, which, in its sole opinion, does not comply with the Inex Terms and Conditions or the terms and conditions of carriage of any shipping carrier, or which may cause damage to, taint or soil any equipment owned, leased or operated by Inex or a shipping carrier. Reasons for refusal include but are not limited to a shipment being improperly packaged, wrapped, or labeled. Inex reserves the right to refuse and/or cancel Services or terminate the Inex Accounts of customers who exhibit aggressive or abusive behavior towards any personnel of Inex. Upon cancellation of any shipment either by Inex or by a third-party shipping carrier, Inex will use commercially reasonable efforts to refund the cost of the shipment minus any incurred administrative expenses to your credit card kept on file within ten (10) business days.
9. INSURANCE ON SERVICE. Inex does not warrant or provide any insurance whatsoever on items being shipped using the Inex Services. Users are encouraged to review the shipping carrier’s or insurance provider’s terms and conditions along with their insurance coverage before selecting a shipping carrier. If coverage was purchased using a third-party insurance provider or shipping carrier insurance through the Services, claims must be made directly with that insurance provider and not Inex. Inex is not responsible for any claims or subsequent damages resulting from lost, delayed, or damaged packages.
10. MONITORING. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.
11. ACCESS TO SITE SERVICES. Only one individual may access the Service at a time using the username, password or account profile provided by Inex, unless we agree otherwise. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Service may violate specific shipping carrier regulations, terms and/or agreements, any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of the Inex Terms and Conditions. Also, we may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. If there is evidence of fraud in relation to your account usage, Inex reserves the right to void the label and/or have the package returned to sender. In such cases, Inex has the right to send information concerning the fraud to concerned parties including but not limited to local authorities.
12. PACKAGING REQUIREMENTS. Shipping carriers require that all shipped goods conform to International Safe Transit Association packaging standard 3A, and it is your responsibility to ensure that packages you ship conform to this standard. You are advised and you acknowledge that any failure to package shipped goods to this standard may result in the shipping carrier’s refusal to ship or to insure your packages. You further acknowledge that you are familiar with and agree to any restrictions on goods to be shipped that the shipping carrier you select may have in force from time-to-time, and that all goods you choose to ship adhere to any such restrictions or guidelines of the selected shipping carrier. You acknowledge that any non-compliant packages that you do ship are shipped at your own risk, and that you are not entitled to claim a refund of any costs associated with your use of the service, transportation or any loss or damage to such shipped items from Inex.
13. SHIPPING LABELS, DELIVERY AND TRACKING. You acknowledge that waybills and/or bill of landing created via Inex’s website for your package MUST be printed and attached to your package prior to shipping. Handwritten waybills are not permitted, and if used, will result in the rejection of the shipment by the shipping carrier. Users are solely responsible for any costs, delays, inconveniences, or losses incurred by the user, Inex or any other third-party due to the use of handwritten waybills by the user. It is your responsibility to ensure that your package, once ready for shipment, is received by the shipping carrier you select. Inex shall not be responsible for missed or incorrect package pick-ups and any delay in package delivery that may result. The shipping carrier you select may contact you if there are problems with your shipment. Therefore, you are solely responsible for tracking your package, for contacting both the shipping carrier and Inex if a problem with shipping occurs and for correcting the problem. Notwithstanding the previous paragraph, if a waybill containing incorrect information relating to the shipping address is created by you via Inex ‘s website and Inex must correspond with the selected shipping carrier to correct the information, Inex shall charge an address correction fee of 17.50 plus applicable taxes. This fee shall be charged to your credit card kept on file, and you hereby authorize Inex to do so.
14. RETURNED SHIPMENTS. When using the Services, you agree to be solely responsible for the cost of returning any shipment refused by the shipping carrier or that cannot be delivered for any reason. You are also responsible for payment of any duties, taxes or fees as applicable.
15. SUSPICIOUS SHIPMENTS. If a package is deemed to be suspicious by Inex, its banking partners, the shipping carrier or law enforcement, Inex will report this to the appropriate government authorities. Suspicious shipments will lead to your package being intercepted without return. Further action will be initiated by Inex with the proper authorities and online sources. You agree that intercepted items may be used to recover the cost and time associated with suspicious shipment. You agree to bear the costs of all services despite the shipment not being delivered to the intended destination.
16. INTERRUPTION OF SERVICE. Inex shall not be held liable for any interruption of the Inex services caused by actions beyond Inex ‘s control.
17. OWNERSHIP AND INTELLECTUAL PROPERTY. The material provided on this site is protected by law, including, but not limited to, Canada and United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
18. LIABILITY DISCLAIMER. The information provided on this website is provided for business and commercial transactions purposes only and is intended for transportation of your shipment. The shipping carrier selected by you or Inex for transportation of your shipment related to any of the Inex Products, is liable to you within the fullest extent of their terms and conditions. All legal actions that may arise in connection to your shipment must be brought against the shipping carrier selected by you or Inex. Inex shall not be liable in any way for any damages whether direct, indirect, special, incidental or consequential, including but not limited to the following: loss of profit or revenue incurred as a result of Inex ‘s acts or omissions including but not limited to gross negligence, negligence causing damage, loss of the shipment, damage to the shipment, theft of the shipment, improper packaging, improper handling or delay of the shipment even if Inex is advised in advance that such possibility exists. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME PROVINCES AND OR STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. RATE INFORMATION. Rate information for the Services published on this website is subject to change without notice. Inex has no control over such rate information, and you agree to bear all risks resulting from your reliance on any such information. Inex may make improvements and/or changes to this website and/or information contained therein at any time without notice. Any references to non-Inex products or services on this website are for informational purposes only and do not constitute a recommendation or endorsement of such products or services by Inex or any other third party. Rates on the website for shipping service we do not ship with could either be retail or list rates for each shipping service.
21. INTERNATIONAL SHIPMENTS. You are responsible for all applicable international treaties, laws, regulations, or requirements of any country to, from, through or over which your shipment may be carried when using the Service. You are responsible for any customs requirements, import laws and regulations of any country to, from, through or over which your shipment may be carried when using the Service. You agree to furnish such information and complete such documents as are necessary to comply with such treaties, laws, regulations, orders, or requirements when using the Service. If the local law or other conditions exist that do not allow customs clearance by the shipping carrier or requires a third-party customs broker, you are responsible for all costs incurred in relation to any alternatives necessary to execute the shipment. Inex and the shipping carrier assume no liability to you or any other person due to your failure to comply with this provision.
22. LINKS TO THIRD PARTY WEBSITES. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use and privacy policy.
23. ENFORCEMENT OF TERMS OR CONDITIONS. Any failure by us to enforce or apply a term or condition of this Agreement does not constitute a waiver of that term or condition and does not otherwise prevent Inex from relying on such term or condition.
24. CONTROLLING LAW AND SEVERABILITY. The Certificate and applicable License will be governed by and construed in accordance with the laws of Canada, and the province of Quebec excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
25. COMPLETE AGREEMENT; GOVERNING LANGUAGE. The Certificate and applicable License constitutes the entire agreement between you and Inex relating to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Inex. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction, including the Province of Quebec.
26. CONTROLLING LAW. This Agreement shall be construed under the laws of Canada in the Province of Quebec, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
27. ONWARD TRANSFER OF PERSONAL INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE. Any personal information which we may collect on this site may be stored and processed in our servers located in Canada or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
28. SEVERABILITY. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided.
29. FORCE MAJEURE. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
30. PRIVACY AND ELECTRONIC COMMUNICATIONS. Inex will, from time to time, generate and send electronic communications (such as e-mails) to you containing information about Inex’s new and current services and products. By entering into this Agreement, you are consenting to receive such electronic communications from Inex at any electronic address that you provide. Please review this site’s Privacy Policy which also governs your visit to this site and webstore. Our Privacy Policy is always accessible on our site’s home page.

B. Inex PRE-AUTHORIZED DEBIT TERMS AND CONDITIONS

These Inex Pre-Authorized Debit Terms and Conditions (the “Supplemental Terms”) supplement the Terms of Use Agreement (the “Agreement”); both the terms of the Agreement and these Supplemental Terms govern your use of Inex Pay feature. Capitalized terms used in these Supplemental Terms have the meanings set forth in the Agreement.

1 Overview and Use Restrictions

Inex Pay allows you to store virtual representations of credit and debit cards, including store credit and debit cards, which are supported by the Inex Pay feature (“Supported Payment Cards”) and use supported Devices to make contactless payments within the website and any future apps we may develop. The Inex Pay features on our site may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant.

You agree not to use Inex Pay for illegal or fraudulent purposes, or any other purposes which are prohibited by the License and these Supplemental Terms. You further agree to use Inex Pay in accordance with applicable law and regulation. You agree not to interfere with or disrupt the Inex Pay service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon).

2 Inex Relationship With You

Inex Pay enables you to create a virtual representation of your Supported Payment Cards and authorized debits out of your bank account on your profile and use Inex Pre- Authorized Pay as part of a payment, however Inex does not process payments, or have any other control over payments, returns, refunds, or other commerce activity that may arise out of your use of this feature. The terms of cardholder and bank account agreements you may have in place with your issuing bank will continue to govern your use of your Supported Payment Cards and Pre-Authorized Debit transactions and their use in connection with Inex Pay.

You agree that Inex is not a party to your cardholder, bank or merchant agreements, nor is Inex responsible for the content, accuracy or unavailability of any payment cards, bank information, stored value cards, commerce activities, transactions or purchases while using Inex Pay functionality, nor is Inex in any way involved in the issuance of credit or assessing eligibility for credit, or the accrual or redemption of rewards under a merchant’s rewards program. For all disputes or questions about payment cards, bank account, stored value cards, or associated commerce activity, please contact your issuer, bank, or the applicable merchant.

3 Security; Lost or Disabled Devices

Inex Pay and Pre-Authorized Debit transactions stores virtual representations of your Supported Payment Cards, and or bank account information as may be applicable and should be protected as you would protect your physical credit and debit cards. Providing your device passcode to a third party or allowing a third party to add their fingerprint to use Touch ID may result in their ability to make payments and receive or redeem rewards using Inex Pay on your device. You are solely responsible for maintaining the security of your device and of your passcode. You agree that Inex does not have any responsibility if you lose or share access to your logins and or device. You agree that Inex does not have any responsibility if you make unauthorized modifications to (such as by way of a “jailbreak”).

If you report or Inex suspects fraudulent or abusive activity, you agree to cooperate with Inex in any investigation and to use any fraud prevention measures we prescribe.

4 Limitation of Liability

IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, INEX DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE INEX PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY.

C. NOTICES FROM INEX

1. If Inex needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.
2. You understand and agree to Inex authorizing targeted advertisements with credible third parties and to provide better service and enjoyment of the website and App (if applicable) and related functions. You understand and agree that Inex may send you notices on the website and or by email or through App (if applicable) and Software from time to time that are in line with business and product development at its sole discretion.