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Hour Dispatch Site Registration
Acceptable
Use Policy
IMPORTANT: Read this agreement
carefully. It constitutes a binding agreement between you and Hour
Express Courier Inc. Hereafter called Hour Express and/or Hour Dispatch By registering an account application with the
Hour
Express Courier and/or Hour Dispatch site, you agree
to the terms of this Acceptable
Use Policy.
By using Hour Express Courier Hour Dispatch you agree to the terms and
conditions of this Acceptable Use Policy. If you choose not to be bound by this
Acceptable Use Policy
, please do not continue with the registration process.
# One: Utilization and Termination. You agree to use Hour
Dispatch in
compliance with the directions and information that Our Express gives you.
Hour Express reserves the right to terminate or modify this Acceptable
Use Policy at
any time for any reason. Hour Express can modify Hour Dispatch at any time. If
you fail to comply with the terms and conditions herein, this Acceptable
Use Policy will terminate automatically without notice.
# Two: Email Confirmation. A feature of Hour Dispatch is the ability to
send a message to the receiver or a third party, informing them of your
shipment. Hour Express may modify or terminate the use of email
confirmation at any time. The emails you send are not private or
confidential. You alone are responsible for the content of emails you
send. You may not send emails which harass or otherwise violate the rights
of others. Hour Express will not be liable for any failure or delay in the
transmission, receipt or acknowledgment of any messages sent by or to you.
# Three: Hour Dispatch Address Book/Shipment History. Addresses will
remain in your Address Book as long as you use Hour Dispatch. If you do not
ship using Our Dispatch for a period of six months, Hour Express will delete
your addresses, account number and Shipment History for Hour Dispatch. You
should maintain a back-up copy of your addresses, and print out Shipper's
Receipt of any shipments for which you need to store History, as Hour
Express will not be responsible for the loss of information contained in
the Address Book or Shipment History. Hour Express may modify the number of
entries stored, or any other features related to Address Book or Shipment
History at any time. Hour Express also reserves the right to terminate
these features at any time for any reason. Any customer with a CBO (Cash
Basis Only) billing status with Hour Express cannot use Hour Dispatch. This
includes access to the Address Book or History. If CBO status is removed
prior to the six month period provided above, standard functionality will
be restored.
# Four: Field Lengths. Hour Dispatch will allow you to enter information
into numerous fields to record accurate address and description
information. Not all of the information printed on the label may be
available during tracing, or on invoices. Field lengths can be changed at
any time, at Hour Express's sole discretion.
# Five: Origin Address. Hour Dispatch will record as the Sender's
address the address assigned to the Hour Express Account Number you used to
register. All Hour Dispatch transactions assume that address is the correct
address. If shipments are shipped from a different address, do not use Hour
Dispatch.
# Six: Shipping Charges. Hour Express will invoice you for any prepaid
packages sent by your User ID via Hour Dispatch, and you agree to pay all
charges associated with the shipments tendered via Hour Dispatch. Hour Express's
standard payment terms are net 7 days. Hour Dispatch allows Bill Sender, Bill
Receiver, and Bill Third Party (with a valid Hour Express account number).
# Seven: Service Guarantee. If, through no fault of Hour
Express, shipments tendered via Hour Dispatch have incorrect routing,
labeling, service commitment or service level or other errors, such
shipments will not qualify for Hour Express's Service Guarantee for shipments. Refunds or cancellation of charges will be made only
in accordance with the Hour Express terms & condition agreement.
Hour Express reserves the right to discontinue its Service Guarantee if Hour
Dispatch becomes defective for any reason.
# Eight: Terms and Conditions of Carriage. The terms and conditions
of carriage are set forth in Hour Express's current rates, which is
available for inspection at Hour Express's offices, and Service Guide,
which is available on request. If at the time of shipment there is a
conflict between the terms stated in this Agreement and Hour Express's
current rate, the rates will rate, No one is authorized to modify or
alter the terms and conditions of the rates.
HOUR EXPRESS'S LIABILITY FOR DAMAGE, DELAY, MISDELIVERY, LOSS, OR
NON-DELIVERY OF A SHIPMENT IS LIMITED. THE CIRCUMSTANCES UNDER WHICH YOU
MAY DECLARE A HIGHER VALUE TO COVER LOSSES RESULTING FROM THESE EVENTS ARE
DETAILED IN THE SERVICE GUIDE.
# Nine: Terms And Conditions. The terms and conditions of carriage
are set forth in part below.
Shipments Not Acceptable For Shipment
The following articles will not be accepted for transportation by Hour
Express Courier :
- Any shipment prohibited by law.
- The following articles when shipped as personal effects or
otherwise:
Alcohol.
Antiques, when the declared or insured value exceeds $100.00 per
package.
Artworks, including but not limited to: paintings, prints,
photographs, etchings, and sculptures when the declared value or
insured value exceeds $100.00 per package.
Checks (Payroll or Personal) at a declared or insured value over
$100.00 per package.
Coins of any kind.
Currency, paper.
Deeds or mortgages when the declared value or insured value exceeds
$100.00 per package.
Dental casting alloy containing gold or silver.
Drugs, prohibited by law. (Provincial & State regulations vary. Contact your
Our Express office.)
Electronic paste, containing gold or silver.
Firearms.
Furs.
Fur clothing, fur-trimmed clothing.
Gems or stones, precious or semi-precious, cut or uncut, including
industrial diamonds or commercial carbons.
Gold or silver coined concentrates.
Jewelry (other than costume jewelry).
Money.
Pearls.
Promissory Notes.
Sports/entertainment tickets when declared value exceeds $100.00 per
package.
Trading stamps.
Tokens.
Transit tickets when the declared or insured value exceeds $100.00 per
package.
Uncancelled postage or revenue stamps.
Watches and parts thereof, when the declared or insured value exceeds
$100.00 per package.
- The following precious metals, except as an integral part of
electronic machinery which are dependent upon electronic tubes or
transistors for their operation and parts of such electronic machines:
Dore bullion.
Iridium.
Osmium.
Palladium.
Platinum.
Rhodium.
Ruthenium.
Silver bullion, dust, cyanides, precipitates, wire or any form of
uncoined silver.
Gold bullion, dust, cyanides, precipitates, wire or any form of
uncoined gold.
- Time sensitive written material (e.g. bids, contract proposals) when
the declared or insured value exceeds $100.00 per package.
- Processed film, when the declared or insured value exceeds $500.00.
- Bonds, Stocks, and other Negotiable Securities, when the declared or
insured value exceeds $500.00.
- Lottery tickets.
- Gift certificates when the declared or insured value exceeds $100.00
per package.
- Live birds, mammals, snakes, lizards, bees, or other animals except
for those which may be shipped subject to paragraph C of this rule.
- Any item being shipped to be repaired when the declared value or
insured value exceeds $100.00 per package.
- Human remains or parts thereof, whole or cremated.
- Collectibles, including but not limited to: baseball cards and other
sports cards, autographed pictures, sports memorabilia and comic books
when the declared or insured value exceeds $100.00 per package.
- Blood when the declared or insured value exceeds $100.00 per
package.
Limit of Liability and Liability Not Assumed
A. Domestic Limit of Liability:
- The carrier's liability is limited to
$2.00 per pound ($4.41 per kg) per shipment unless otherwise declared
on the waybill, to a maximum of $100.00 per shipment. If a greater
value is declared excess insurance charges will be applied at the rate
of 2.5% per $100.00 or fraction thereof. Declared value shall not
exceed $100.00.
- If a value greater than $100.00 has been declared, Our Express'
liability shall in no event exceed such declared value or the actual
value of the shipment at the time and place it is accepted for
transportation, if the actual value is less than the declared value.
B. Domestic Liability Not Assumed:
- Hour Express shall not be liable in any event for any special,
incidental, or consequential damages, including but not limited to
loss of profits or loss of income, whether or not Hour Express had
knowledge that such damages might be incurred.
Domestic Time Limitations For Filing
A. Claims:
- Receipt of the shipment by the consignee without written
notification of loss or damage on the delivery receipt will be prima
facie evidence that the shipment was delivered in good condition.
- All claims, except for overcharges, for refund or cancellation of
shipping charges as provided in our "Service Guarantee," or
claims for delay, must be made in writing to Our Express within twenty
24 hours (24) hours after the date of acceptance of a shipment by Hour Express.
Each claim must be submitted with appropriate documentation that
supports the proof of ownership of the contents of the shipment as
well as providing proof of value and (if applicable) repair costs.
- Damage, destruction or loss discovered by the consignee after
delivery and after a clear receipt or a receipt has been given to Hour
Express indicating only that the carton, package, container, or piece
was "open" or "recoopered" or "repacked"
must be reported in writing to Hour Express at destination within
twenty (24) hours after delivery of the shipment. The shipment, its
container(s) and packing material must be made available for Hour
Express' inspection at the delivery location shown on the waybill for
seven (7) days after such notice. With respect to shipments of
perishables, consignee receiving same in damaged condition must notify
Hour Express within twenty four (24) hours after delivery.
- The company is not liable for loss,
damage or delay to any goods carried under the bill of lading unless
notice thereof setting out particulars of the origin, destination and
date of shipment of the goods and the estimated amount claimed in
respect of such loss, damage or delay is given in writing to the
originating carriers of the delivering carrier within thirty (24)
hours after delivery of goods.
B. Actions:
- Hour Express shall not be liable in any action brought to enforce a
claim, except for overcharge, unless the applicable provisions of
"Claims" paragraph A. above have been complied with by the
claimant, and unless such action is brought within seven (7) days after
the date written notice is given to the claimant that Our Express has
disallowed the claim in whole or part.
# Ten: Exclusion of Liability. You use Hour Dispatch at your own risk.
Hour Dispatch is a service that Hour Express offers free of charge to its
customers.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUR EXPRESS DISCLAIMS
ALL WARRANTIES, BOTH EXPRESS AND IMPLIED -- INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
-- WITH REGARD TO Hour Dispatch. OUR EXPRESS DOES NOT WARRANT THAT OUR DISPATCH
WILL MEET ALL REQUIREMENTS OF HoUR EXPRESS'S CUSTOMERS. HOUR EXPRESS DOES
NOT WARRANT THAT OUR DISPATCH WILL WORK WITHOUT INTERRUPTION, OR THAT DEFECTS
WILL BE CORRECTED. VERBAL OR WRITTEN INFORMATION, REPRESENTATION, OR
ADVICE OF AN HOUR EXPRESS REPRESENTATIVE SHALL NOT CREATE A WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
-- INCLUDING , BUT NOT LIMITED TO NEGLIGENCE -- SHALL HOUR EXPRESS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR
OTHER DAMAGES WHATSOEVER -- INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS -- THAT ARISE OUT OF THE USE
OR INABILITY TO USE, EVEN IF OUR EXPRESS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
# Eleven: Governing Law. This Agreement shall be governed by the
laws of the Province of Alberta and Canada.
# Twelve: Confidentiality. Hour Dispatch and its materials are offered
as a service to Hour Express customers and are proprietary and
confidential. You acknowledge that you will not use such materials except
in connection with Internet Hour Dispatch and that the use of Hour Dispatch by you
or a third party for the benefit of a third party is expressly prohibited.
# Fourteen: Complete Acceptable
Use Policy. You understand that this is the
complete Acceptable Use Policy, in reference to Our Dispatch, between HOur Express and
you. You also understand that this Acceptable
Use Policy supersedes any prior or
contemporaneous understandings, representations, statements, or
agreements, written or verbal, in reference to HOur Dispatch. No amendment or
changes to this Agreement will be binding without the express consent of
Hour Express. Hour Express reserves the right to alter this document at any
time for any reason.
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