TERMS & CONDITIONS

TERMS OF SERVICE:

By registering with the website, you agree and acknowledge that:

  • Cross Boarded Pickup (hereinafter referred as “CBP”) shall provide service of receiving customer orders and then transporting them across to their local town (hereinafter referred as “Services”) more specifically described on its website and subjects to change from time to time at sole description of CBP.
  • Activation of the member’s account or use of Services of CBP or the “Website” will represent the member’s acceptance of this User Agreement (hereinafter referred as “Agreement”), as set forth in the following Terms and Conditions.
  • CBP reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the member’s responsibility to review the CBP Terms and Conditions periodically as continued use of CBP’s Services will constitute the member’s acceptance of any revised terms and conditions.
  • CBP prohibits any illegal activity by its members. Any charges incurred, for legal advice or otherwise, by CBP in connection with the enforcement of the law against any member or any potential Member will be the financial or otherwise responsibility of the member or the potential member. See Indemnification section below for further details.
  • The member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations and such other applicable laws or regulations in the order and receipt of merchandise and mail under the terms of this Agreement.

PRIVACY NOTICE:

Personal information, such as your name, address, email address, telephone numbers, account, credit and other financial information that is not otherwise publicly available, that you upload, submit, or provide CBP will be held, processed, transferred, retained and disclosed by CBP to third parties in accordance with these Terms and Conditions and CBP’s Privacy Policy. In particular, CBP will hold, process, retain and transfer to the United States and Canada (where data protection laws may not be considered adequate compared to data protection laws applicable in your home country) to process your transaction, otherwise in accordance with CBP’s legal and contractual obligations and may also be disclosed to governmental and regulatory bodies or the judiciary, including in response to subpoenas, law enforcement requests, court orders or legal process or to establish, exercise our legal rights or defend against legal claims or enquiries or investigations. At its discretion, CBP may share information with law enforcement or government officials for any reason under any legal or court’s order or obligation.

CBP will provide the member with an account number at CBP facility in the United States at which the member can have merchandise delivered.

CBP’s Services consist of acting only as an agent of the member for shipping purposes by receiving the member’s merchandise, which will be sorted, packed, and may be consolidated. At the Member’s direction, CBP arranges for shipment to the local CBP facility by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. CBP does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members).

While CBP may not open all packages, it reserves the right to open all packages. The members are only responsible for all import obligations in Canada
Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, based on the rates information provides on the website.

Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials. It is further clarified that any such attempt being made by importing prohibited or restricted article or merchandise will result into immediate termination of membership from the Services of CBP.
Title to any items that cannot be exported after arrival at the CBP facility will be forfeited by the Member. CBP will have the option of returning all packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.

Each package received by CBP with an incomplete, incorrect, or old address that can be associated with a member will be assessed a USD $2 charge. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the member’s unique account number; which helps identify the receiver. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a member will be returned to the Sender or discarded.

The member’s CBP Unit number is to be used only for package delivery and forwarding. The Member will not represent that its CBP Unit number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its CBP Unit number is the address of the member’s place of business or residence. Failure to comply with this requirement may result in the cancellation of the member’s CBP account.

The member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The member acknowledges that CBP is not responsible for any action taken by the seller with respect to the member’s order as a result of the seller’s terms and conditions of sale.

The Member is responsible for informing the seller that any merchandise purchased and sent to CBP facility ultimately will be exported out of the United States. It ultimately is the responsibility of the member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to CBP by the seller.

The member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the member’s shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country. Additional information is available on our FAQ – Prohibited and Restricted Items page. The United States government provides general information about U.S. export requirements on the Export.gov website.

The member is responsible for providing CBP with the true and accurate price that the member paid for the merchandise, if the member purchased it. In all circumstances, the member represents and certifies that any value provided to CBP is true and accurate. The CBP Compliance Department reserves the right to periodically review values and may request additional documentation to support the values entered by the Member. Also, incase the member do not provide the true and accurate price or value of the merchandise, CBP shall not be liable in terms of any loss or damage to the merchandise regards to any insurance claim.
In case of loss or damage of any merchandise or goods, CBP shall be responsible only to the extent of value of declared merchandised as awarded or applicable under laws of insurance.

The member shall be responsible for payment obligation to the seller and CBP shall not be responsible in any manner for any payment or service related dispute between the member and the seller.

Incase of any damage or goods or merchandise, you shall report the same immediately to CBP in presence of authorised representative of CBP and any claim after expiry of 12 hours shall not be accepted or entertained.

The member is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. government or for the violation of any U.S. laws or regulations on exportation. The member represents and warrants that (a) the recipient of any items forwarded by CBP is the end user of any and all merchandise and mail that the member has requested be exported through a freight forwarder or carrier to the Canadian CBP location.

The Member may not return to the United States or resell in or into the United States any food products or dietary supplements it receives through CBP, and shall require any recipients of the food products or dietary supplements to adhere to the same requirements.

At no time shall the member provide merchandise or mail to any Prohibited Person (as defined herein).

For purposes of this Agreement, a “Prohibited Person” shall mean (a) a Person who is a “designated national,” “specially designated national,” “specially designated terrorist,” “specially designated global terrorist,” “foreign terrorist organization,” “specially designated narcotics trafficker,” or “blocked person” within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the “OFAC Regulations”) or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations; (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (f) a Person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time.

In the event that the member is believed potentially to be a Prohibited Person or requests that CBP arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, CBP may ask the member to provide documentation to show that the member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of the member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of CBP, CBP reserves the right to remove the shipping address of such potential Prohibited Persons from the member’s account or to cancel the member’s account, CBP also reserves the right to request a signed Statement of Assurance from the member stating that the member understands his or her obligations under U.S. export law and that the member will conduct screening to ensure that the Member does not export to Prohibited Persons using the services of CBP or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website.

INDEMNIFICATION:

The member agrees that he/she will remain liable for and indemnify, defend, and hold harmless CBP and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof , from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys’ charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:

  • Any negligent action or omission of member or any of the member’s employees, contractors, agents or any other person acting under member’s supervision or control prior to, as of, or following the date hereof;
  • Any inaccuracy or breach of any representation or warranty made by member in this Agreement or any other document or instrument executed or delivered by member in connection with this Agreement;
  • Any breach or non-performance of any covenant or term of this agreement made by CBP or any other document or instrument made by member in connection with this Agreement;
  • CBP’s preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of CBP;
  • The Member providing to CBP any incomplete or false information; and
  • The Member’s failure to comply with the terms hereof or of any jurisdiction’s law applicable to the exportation or importation of such shipments.
  • The Member acknowledges that the foregoing provisions are a material inducement for CBP to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.

ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between you and CBP with respect to the Services provided by CBP on this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and CBP with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.

CONFLICT OF LAWS:

This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of New York. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the United States courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party’s costs and expenses, including the prevailing party’s attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.

USER GUIDELINES:

You agree to adhere to the following guidelines when using this Website:

  • You are legally competent to enter into this Agreement as applicable under laws of your jurisdiction.
  • You shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
  • You may not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control all necessary rights to the files or have received all necessary consents.
  • You may not upload files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another’s computer.
  • You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
  • You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
  • You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
  • You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
  • You may not provide personal information of others without their express permission.
  • You may not provide personal information of any individuals under the age of 13.
  • You may not access or attempt to access CBP’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
  • You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with this Website.
    Please do not post any personally identifiable information on publicly accessible areas of the Website. With respect to all information you elect to post to publicly accessible areas of the Website, you agree that CBP has the right to use, reproduce, copy, modify, publish, distribute, perform and display such information (in whole or part) on a public basis; provided that such use is in accordance with the terms of CBP’s Privacy Policy.

CANADIAN CLEARANCE AUTHORITY STATEMENT:

By using CBP for transferring goods from the US to Canada, I hereby authorize the agent chosen by CBP, William L. Rutherfords to act as my agent, and to transact business with the Canada Border Services Agency (CBSA) to clear my merchandise and to account for duties and taxes.