Our Privacy Policies and Who We Are.

Continuation

Terms and conditions

1. Using the GMX websites you are accepting the Terms or by accessing or using our services, you acknowledge that you have read, our privacy policies and have understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree with these Terms, you must not accept them and may not use our services.

2. Registration and Account

a. In order to access and use certain features of our services, you may be required to register with GMX. By registering, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to promptly notify GMX of any unauthorized use of your account or any other breach of security.
b. If you are under 13 years of age, you are not authorized to use our services. If you are under 18 years old, you may use our services only with the approval of your parent or guardian.

3. Use of Services

a. You may access and use our services only for lawful purposes. You shall not sublicense, resell, rent, lease, transfer, assign, or otherwise make our services available to any third party. You shall not use our services in any unlawful manner or in a way that interferes with or disrupts the integrity or performance of our services. You shall comply with any codes of conduct, policies, or other notices provided by GMX in connection with the services.
b. When using our services, you may be subject to additional terms applicable to specific features or services, including our Privacy Policy. All such terms are hereby incorporated by reference into these Terms.

4. Intellectual Property

a. All rights, title, and interest in and to our services, including the Site and any content provided through the services (collectively referred to as the “Content”), belong exclusively to GMX. You acknowledge and agree that you shall not modify, adapt, or hack our services or attempt to gain unauthorized access to them.
b. Any materials or information provided by you in connection with our services (“Your Content”) remains your sole responsibility. By providing Your Content, you grant GMX a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, publish, and perform Your Content in connection with our services, subject to these Terms and our Privacy Policy.

5. Acceptable Use Policy

a. You agree to comply with GMX’s acceptable use policy (“AUP”), as described in this section. You shall not use our services to:
● Upload or transmit any content or materials that infringe any intellectual property or other proprietary rights of any party or violate any law.
● Interfere with or disrupt our services or servers or networks connected to our services.
● Violate any applicable local, provincial, national, or international law or regulation.
● Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
● Obtain or attempt to access any materials or information through any unauthorized means.
b. According to our privacy policies, GMX reserves the right to monitor our services, the Content, or Your Content and to disclose Your Content if required by law or in good faith belief that such action is necessary to comply with legal obligations, protect and defend the rights or property of GMX, act in urgent circumstances to protect personal safety or protect against legal liability.

6. Limitation of Liability

a. GMX will not be liable for any loss or damage arising from your use of our services or any delays or inabilities to use the services resulting from the provision of false, inaccurate, incomplete, or outdated information.
b. GMX shall not have any liability or responsibility for the actions of any third-party carriers that provide shipping services in connection with our services.

7. Modification of Terms

GMX reserves the right, at its sole discretion, to change or modify these Terms at any time. Any such changes or modifications will be effective immediately upon posting the revised Terms on the Site. Your continued use of our services after the posting of any changes or modifications constitutes your acceptance of the revised Terms.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Quebec, Canada. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Quebec, Canada, or the jurisdiction chosen by GMX Worldwide Xpress in its sole discretion.

9. General

These Terms constitute the entire agreement between you and GMX and supersede any prior agreements. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. The failure of GMX to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
For any questions or concerns regarding these Terms or our services, please contact us.

10. Privacy

We respect your privacy, and we agree not to sell your personal information to third parties. We will attempt to keep all your information with your privacy in mind.
By using GMX’s services, you represent and warrant that your shipments do not contain any illegal, hazardous, or prohibited items. You agree to comply with all applicable shipping laws, including relevant regulations. You are responsible for any expenses or costs incurred by GMX or any other party due to a breach of this representation and warranty.
GMX reserves the right to open and inspect shipments at any time, allowing government authorities to conduct inspections and seize shipments as necessary. Photographs of items may be taken for internal use by GMX to provide services. GMX may reject or suspend the carriage of prohibited items or shipments that may pose a risk. GMX is not liable for non-delivery of prohibited items, and such items may be turned over to authorities, discarded, or returned to the sender at GMX’s discretion.
It is important to comply with GMX’s terms and conditions, including the acceptable use policy (AUP). Failure to comply may result in damage to your shipment or harm to individuals, for which GMX is not liable.

Termination

You have the right to terminate your account at any time by sending a cancellation request to GMX through our website contact form. Subject to earlier termination as provided below, GMX Worldwide Xpress Inc may terminate your Account and this TOS at any time by providing thirty (30) days’ prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, GMX Worldwide Xpress Inc may also terminate this TOS upon thirty (30) days’ notice (or earlier in the case of nonpayment), if you breach any of the terms or conditions of this TOS. Also, GMX Worldwide Xpress Inc may terminate this TOS immediately without notice if you violate any provision of the AUP, as determined in GMX Worldwide Xpress Inc’s sole reasonable discretion. GMX Worldwide Xpress Inc reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Except as provided above, upon any termination of your account, GMX Worldwide Xpress Inc may store all of Your Content on the Service (if any), or it may be permanently deleted by GMX Worldwide Xpress Inc, in its sole discretion. If GMX Worldwide Xpress Inc terminates your account without cause and you have signed up for a fee-bearing service, GMX Worldwide Xpress Inc will refund the pro-rated, unearned portion of any amount that you have prepaid to GMX Worldwide Xpress Inc for such Service. However, all accrued rights to payment and the terms of Sections shall survive termination of this TOS.

Disclaimer of Warranties

The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by GMX Worldwide Xpress Inc or by third-party providers, or because of other causes beyond our reasonable control, but GMX Worldwide Xpress Inc shall use reasonable efforts to provide advance notice on the Site or by email of any scheduled service disruption. However, the service, including the site, software and content, and any server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, and GMX expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that GMX does not warrant that the service or software will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from the use of the services or software, and no information, advice or services obtained by you from GMX or through the service shall create any warranty not expressly stated in this TOS.

Limitation of Liability

Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall GMX be liable to you or any third party for (a) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data, or (b) any direct damages, costs, losses or liabilities in excess of the fees actually paid by you in the last six (6) months preceding the event giving rise to your claim, or if no fees apply, one hundred ($100) Canadian dollars. the provisions of this section allocate the risks under this TOS between the parties, and the parties have relied on these limitations in determining whether to enter into this TOS. If GMX is held liable for any reason whatsoever, the maximum liability will be $100 (One Hundred Canadian Dollars).

Indemnification

You shall defend, indemnify, and hold harmless GMX Worldwide Xpress Inc from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS (including but not limited to your representations and warranties in Section 5.2), any of Your Content, or your other access, contribution to, use or misuse of the Service. GMX Worldwide Xpress Inc shall provide notice to you of any such claim, suit or demand. GMX Worldwide Xpress Inc reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting GMX Worldwide Xpress Inc’s defence of such matter.

Responsibility for loss or damage

The liability of GMX Worldwide Xpress Inc for loss or damage to each shipment is limited to a maximum value of $100, at the sole discretion of GMX Worldwide Xpress Inc, except as explained below. Unless you purchase a specified level of insurance through the GMX Worldwide Xpress Inc website during the checkout process, you acknowledge and agree that the declared value of each shipment shall not exceed $100. This value is deemed reasonable given the circumstances surrounding the transportation, and GMX Worldwide Xpress Inc shall not be held liable for an amount exceeding $100 for each shipment. GMX Worldwide Xpress Inc may offer reimbursement for loss or damage above $100 if you declare a value exceeding $100 on the GMX Worldwide Xpress Inc website. However, it is important to note that any reimbursement granted shall not exceed the total value of the original shipment, regardless of the declared value on the GMX Worldwide Xpress Inc website. If you declare a higher value for a shipment, additional charges may apply at the rates specified in the Services at the time of shipment confirmation. Please be aware that the maximum value per shipment declaration is $5,000. In this context, a “shipment” refers to all packages included in a single order or transaction, irrespective of whether it involves one or multiple discrete packages. It is important to understand that accepting shipment or receiving payment for any shipment with a declared value surpassing the limitations outlined herein does not constitute a waiver of any provisions in this TOS. Should you declare a value exceeding the permitted limits under this TOS, it is solely your responsibility to request a timely adjustment to cover any additional charges. Failure to do so will render you liable for all extra charges. Subject to the aforementioned limitations, GMX Worldwide Xpress Inc’s liability for loss or damage to a shipment shall be capped at the lower of (a) the actual purchase price or (b) the reasonable cost of repair or replacement of the lost or damaged shipment, substantiated by reasonable supporting documentation.

Notwithstanding the aforementioned, GMX Worldwide Xpress Inc shall NOT be held liable for loss or damage to shipments falling under the following categories (“Excluded Shipments”):

• Shipments damaged or destroyed during handling or inspection by customs.
• Pre-packaged shipments, where (a) you have explicitly requested GMX Worldwide Xpress Inc and its representatives not to open, repackage, or handle them, except as necessary to deliver the shipment to a carrier, or (b) GMX Worldwide Xpress Inc reasonably believes that you intend for the shipment to be delivered to the carrier “as is,” without additional packaging or repackaging.
• Shipments marked as “delivered” by the carrier.
• Shipments lost or damaged due to force majeure events or acts of God, including but not limited to severe weather, war, terrorism, or civil unrest.
  If a shipment is lost or damaged while in GMX Worldwide Xpress Inc’s possession, you have the option to file a claim for reimbursement. Only one claim per shipment is permissible. Please note that filing a claim directly with the carrier will invalidate any claims with GMX Worldwide Xpress Inc for the same shipment. For the purposes of this agreement, an item will be considered in “GMX Worldwide Xpress Inc’s Possession” from the moment GMX Worldwide Xpress Inc collects the item from you until it reaches the final destination via one of our mailing partners. Any insurance coverage must be obtained separately from an insurance provider.

For damaged shipments, all claims must be submitted via the support section of BOTH our www.gmxworldwide.ca and www.gmxworldwide.com within 30 days of the shipment date, both for domestic and international shipments.
In the case of lost shipments that you report, GMX Worldwide Xpress Inc will conduct an initial investigation to locate the packages. This investigation may involve contacting third-party carriers, senders, or recipients as necessary. If the package cannot be located within 21 business days, GMX Worldwide Xpress Inc will send or electronically provide a “Loss Claim Form” to the sender to officially initiate the claim process. If a package is subsequently recovered, GMX Worldwide Xpress Inc will return it to the sender and reimburse the actual shipping cost billed to the sender. For domestic shipments sent by carriers that provide an expected delivery date, an initial claim may be filed as early as 728 hours after the expected delivery date. Initial claims for lost shipments must be submitted within 30 days of the shipment date.
Supporting documents must be provided to GMX Worldwide Xpress Inc within 15 days of receiving a Loss Claim Form. Filing a claim may require the original shipping label receipt and an image or photograph of the damaged or undelivered item. If the recipient accepts the shipment without noting any damage on the delivery record, it will be assumed that the shipment was delivered in good condition. To be considered for a claim regarding damage, the contents, original shipping cartons, and the original packing must be made available for inspection and retained until the claim is resolved. Additionally, written documentation such as a receipt, invoice, or repair service quote, substantiating the actual purchase cost or the reasonable cost to repair or replace the lost or damaged item, will be required to support the claim amount. All supporting documentation must be submitted within 15 days of initiating the claim and kept by the sender until the claim is resolved. If a lost item, which is the subject of a claim, is recovered during the claim process, the current claim will expire. Within 30 days of such expiration, you may submit a subsequent claim for damage, if applicable, as outlined above.
Most claims are typically resolved within 14 to 21 business days, although some claims may require more time for a thorough investigation. GMX Worldwide Xpress Inc will make every reasonable effort to resolve claims as promptly as possible. However, please note that GMX Worldwide Xpress Inc has a minimum of 10 business days from the initial receipt of a claim to respond.

Please be aware that accepting reimbursement for a claim (“Resolution”) will extinguish any other rights you may have for loss or damage to the shipment covered by that claim. If the recovered shipment falls within the scope of the Resolution, you acknowledge and agree that GMX Worldwide Xpress Inc is not obligated to return the shipment to you or provide any additional payment related to that shipment. Furthermore, GMX Worldwide Xpress Inc reserves the right to reclaim or retrieve such a shipment from its current location.

Je consens avoir lu tous les termes et conditions en anglais je confirme l’acceptation et la compréhension de ces termes et conditions.