(Last modified on August 31, 2017)
Introduction and Acceptance
Welcome to the Border Bee website located at https://borderbee.com/ (the “Website”) which includes all subdomains present and future.
The Website is owned and operated by Border Bee Customs Brokers Inc. (“Border Bee”, or “we”, “our” or “us”), a duly incorporated company in Montreal, Quebec, Canada. Where the present TOU refer to Border Bee they may refer to Border Bee Inc. and / or its officers, directors, employees, agents or representatives, depending on the context.
In these TOU, a Website visitor or user may be referred to as “you”. Where you (or you acting on behalf of a company or other organization) have registered through the Website (or other means) to use our Customs Brokerage Services and related services (the “Services”), you may be also be referred to as a “Client” in these TOU.
Border Bee reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website and / or Services following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, Clients will be notified via email.
If you have any questions about the TOU, please contact:
Border Bee Legal Services
Border Bee Legal Services
207-4270 boul. Saint-Laurent
Canada H2W 1Z3
General Code of Conduct for Use of the Website
By visiting and / or using the Website, you agree to:
(i) Not use the Website in any manner that in any way violates these TOU;
(ii) Not use the Website in any manner that violates any intellectual property rights of Border Bee or any third party;
(iii) Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Border Bee or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Border Bee, other Website users, other Clients, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by Border Bee in its sole discretion) an unreasonable or disproportionately large load on Border Bee’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures Border Bee may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
(vi) Use the Website in good faith, and in compliance with all applicable local, provincial, national, and international laws.
Online Application for Services and Your Signature
When you submit an Application through the Website, you will be asked to use our online signature tool which allows you to submit your signature using your mouse (or finger on a device with a touchscreen). By submitting an Application and using this signature tool, you acknowledge that you are submitting your valid signature, and that the signature submitted has the same legal effect as a signature made on paper, and binds you to Border Bee as described in the next section of the Policy. Furthermore, if you are signing on behalf of a company or organization, you acknowledge that you have the capacity to legally bind that company or organization.
Agency Agreement / Power of Attorney and Services Agreement
After you have submitted your Application and this Application has been approved by Border Bee, an Agency Agreement / Power of Attorney is automatically generated for our records and use with the Canada Border Services Agency (“CBSA”). This Agency Agreement / Power of Attorney gives Border Bee the authority to act on your behalf with the CBSA, specifically for the following purposes: (i) accounting and payment of duties and taxes in respect of imported goods released under Section 32 of the Customs Act at all customs offices in Canada; (ii) processing of refunds and other adjustments; (iii) accessing Business Number import/export account information; (iv) appealing enforcement actions; and (v) appointing subagents (collectively hereinafter the “Customs Purposes”). By submitting an Application, you acknowledge and agree that Border Bee has the authority to act on your behalf for these Customs Purposes.
Representations and Obligations for Clients Without a Business Number
If you are an individual Client using the Services, or you represent an organizational Client that does not have a business number, you acknowledge and agree to the following terms and conditions in addition to the terms and conditions of your Services Agreement:
- Your importation will not be used for any commercial, occupational or industrial use following importation;
- Your goods are not personal effect(s) or any other importation type requiring your interaction with a Border Services Officer of the CBSA;
- You accept full responsibility for compliance issues should the shipment have been ordered by a third party;
- You shall remit to Border Bee in full any amounts Border Bee is required to pay up to six years following the date of importation, such as penalties, back duties, and interest on said duties as requested by the CBSA after an audit, inspection or other compliance enforcement action concerning their shipments; and
- You shall remit to Border Bee the PST amount owed on your importations based on your province of residence at time of importation. Should the CBSA and the provinces of Canada change their agreement regarding the collection of said PST at border crossings, retroactive as it may be, the importer agrees to remit to Border Bee the amount that would have been owed should their importation have been made at a PST collected port.
Other Online Border Bee Services
- Estimate Generator and Guarantee Quote. The “guarantee quote” import service provided by Border Bee is governed by the following conditions. Any quotes provided by the estimate generator itself are subject to the user’s discretion. Border Bee provides this tool as a reference only and does not guarantee the accuracy of any quotes or estimates the tool provides. Users wishing to guarantee their quote may open an Account with Border Bee. Under its guarantee quote service, Border Bee Customs Brokers Inc. will guarantee the import cost to Canada of any shipments requested on behalf of its registered clients. The guarantee itself is subject to several conditions which Clients using the service should be aware. In order to obtain a quote, the account holder must provide a commercial invoice (Pro Formas will not be accepted) as well as any applicable certificates of origin. Border Bee will use this information to verify the quote, as well as any additional Customs requirements for the product in question. Border Bee may request additional information, such as countries of origin and sales terms, in order to improve the accuracy of its quotes.
Requestors of quotes for personal importations will also be required to provide proof of payment from a verified party such as a financial institution or credit card provider (cash receipts will not be accepted). For parties requesting quotes who are not the buyer of the goods, the importer of record must be verified as their consent will be required. If it is determined that any information provided to Border Bee (such as incorrect valuations or origins) the quote will be invalidated and you will be billed for any outstanding balance not covered by the initial quote. Border Bee may rescind its offer to act as the customs broker on any shipment should questions of fraudulent or non-compliant behaviour be suspected, or any other violation of these TOU.
Importers of ocean and air freight should note that additional charges relating to the transport, inspection or local delivery of their importation(s)–including the transmission of advance commercial information–are unrelated to customs duties and taxes and therefore not covered by the quote guarantee service. The quote guarantee service is focused exclusively on fees liquidated by the Canada Border Services Agency and/or the Receiver General for Canada.
- FBA Canada. Border Bee is in no way affiliated with Amazon or any of its parent companies, affiliates, or subsidiaries. Border Bee makes no representations of any kind about the merchantability or fitness for a particular purpose of the FBA program, or that it will meet your needs. Border Bee will assist you in receiving an importer business number from the appropriate Canadian Federal authorities as the first step to becoming an FBA user, but Border Bee has no control or influence over Amazon’s actions or decisions as to your suitability to become part of the FBA program and disclaims any responsibility in that regard, as well as for any other actions or inactions by Amazon. Furthermore, Border Bee has no control or influence over the Federal authorities’ actions or decisions as to your suitability for an importer business number, and disclaims any responsibility in that regard, as well as for any other actions or inactions by the Federal authorities.
In no way will Border Bee be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
Copyright and Intellectual Property Rights
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to Border Bee, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Border Bee, or as permitted by the functionality of the Website or these TOU or the Services Agreement (where applicable). Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Border Bee may take action accordingly.
If you choose to communicate to Border Bee suggestions for improvements to the Website or any product or service mentioned on the Website (collectively, “Feedback”), Border Bee shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Border Bee and waive in favor of Border Bee, its successors and assigns all your moral rights in the Feedback, and agree to provide Border Bee such assistance as Border Bee may require to document, perfect, and maintain Border Bee’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Border Bee, you are not entitled to any compensation or reimbursement of any kind from Border Bee under any circumstances.
Interruption of Service
From time to time, the Website may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, Border Bee shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
Termination of the Website, Your Account and the TOU
Border Bee may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that Border Bee shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, cancellation of your Account, or from Border Bee’s termination of the Website or any part thereof.
Termination of the Website, your access to the Website or your Account shall terminate the present TOU as between you and Border Bee. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
You expressly understand and agree that your use of the Website or Services, the information thereon (whether provided by Border Bee or third parties) or any activity arising from your use of the Website (including the Services) or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from (i) your use of the Website, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by Border Bee staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Border Bee shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website.
Border Bee expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Border Bee, and its directors, officers, employees, agents, suppliers, partners and subcontractors do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded therefrom or any activities arising therefrom will meet your requirements.
Limitation of Liability
Border Bee shall not be liable and assumes no responsibility for any loss or damages arising from or in relating to the information on the Website or downloaded therefrom, the use of the Website, activities arising from your use of the Website, or any third party materials on the Website.
To the maximum extent permitted by law, in no event will Border Bee, its shareholders, officers, directors, employees, licensors, suppliers, subcontractors or agents: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or Services or your use, misuse or inability to use the Website, even if Border Bee has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.
Governing Laws and Jurisdiction
Use of the Website and the Services shall be governed by and construed in accordance with the laws of the Quebec in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Border Bee shall be brought exclusively in the courts located in the Judicial District of Montreal, Quebec, Canada. The foregoing choice of jurisdiction and venue shall not prevent you or Border Bee from seeking injunctive relief with respect to a violation of intellectual property rights, enforcement or recognition of any award or order in any appropriate jurisdiction. You and Border Bee expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such Convention will not apply to these TOU, your use of the Services nor to any dispute arising therefrom.
(ii) Border Bee shall not be liable for any failure to perform its obligations under the present TOU or the Services Agreement (where applicable) where such failure results from any cause beyond Border Bee’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
© Border Bee Inc. 2016