Terms of Service

5.1 Nature of the Guarantee
 

ShipVia Package Protection is an optional, white-labelled supplemental service (the “Guarantee”)

facilitated by the Company and underwritten by designated Service Partners pursuant to separate master

service and underwriting agreements.
 

Contractual Origin and Non-Negotiability: The User expressly acknowledges that ShipVia Package

Protection is derived from binding master underwriting contracts between the Company and its Service

Partners. All eligibility criteria, exclusions, evidentiary requirements, territorial restrictions, monetary

limits, and commodity limitations originate exclusively from those underwriting frameworks. Such

underwriting standards are mandatory and non-negotiable. By electing to purchase ShipVia Package

Protection, the User agrees to be bound by those underwriting terms as incorporated through this

Agreement, the Claims Policy, and the ShipVia Package Protection Terms and Conditions.
 

Not Insurance: The Guarantee is a contractual shipping protection arrangement and does not constitute

a contract of insurance, suretyship, indemnity insurance, or financial guarantee under the Insurance Act

(Ontario), U.S. state insurance laws, or any other applicable legislation. No insurance policy is issued

to the User. The Company does not act as an insurer, insurance intermediary, broker, or insurance agent.

The User expressly waives any argument characterizing the Guarantee as an insurance product.
 

Supplemental and Secondary Nature: ShipVia Package Protection is supplemental to, and secondary to,

any liability assumed by the Carrier under its published tariffs or conditions of carriage. The Guarantee

is not primary coverage and shall respond only after the Carrier’s standard liability has been applied,

denied, or exhausted in accordance with applicable Carrier procedures.
 

Absolute Condition Precedent: Strict compliance with all procedural and substantive requirements set

out in this Section, the Claims Policy, and the ShipVia Package Protection Terms and Conditions is an

absolute condition precedent to eligibility for payment under the Guarantee.
 

5.2 Commencement, Termination, and Risk Allocation
 

Coverage under the Guarantee becomes effective only upon verified transfer of custody, defined as:

Carrier Tender: The moment the Parcel receives its first “Origin Scan” or “Pickup Scan” by the Carrier;

or

ShipVia Couriers Collection (Canada Only): The moment of verified deposit into an authorized

SHIPVIA COURIERS LOCKER/STALL or documented hand-off to an authorized SHIPVIA

COURIERS REPRESENTATIVE.
 

The Guarantee takes effect when the covered goods, packaged in accordance with the Packaging

Requirements and Claims Policy, are handed over to the Carrier as described above.

Termination of Coverage: Coverage ends upon delivery against discharge of the goods to the

Consignee, or in any event upon expiration of twenty-one (21) days from the Collection Date, regardless

of the mode of transport.
 

Returned Goods: For returned goods, coverage ends upon expiration of twenty-one (21) days from the

initial Collection Date, regardless of the mode of shipping. Goods that have been delivered and

subsequently returned to the sender are not covered by the Guarantee.
 

Pre-Scan Risk Allocation: The period between Shipping Label generation and verified custody transfer

remains entirely at the User’s risk. The Company bears no responsibility for loss, theft, damage,

misplacement, or third-party interference occurring prior to verified custody transfer. Printing a

Shipping Label does not create bailment, possession, custody, or control by the Company.
 

No Constructive Possession: Except for the limited Canada-only locker or representative collection

described above, the Company does not take physical possession of Shipments and does not assume

bailment. No constructive possession, implied custody, or fiduciary duty arises by virtue of Platform

usage.
 

5.3 Claims Eligibility, Reporting Windows, and Automatic Nullification
 

Strict Compliance Requirement: To remain eligible for a Claim, the User must strictly comply with all

Packaging Requirements, declaration standards, documentation obligations, and reporting timelines set

out in this Agreement, the Claims Policy, and the ShipVia Package Protection Terms and Conditions.
 

Reporting Windows: Claims must be submitted through the Platform:
 

• Within fourteen (14) days of the scheduled delivery date in cases of damage or non-delivery; and

• No later than twenty-one (21) days after the Shipment date in cases of loss or theft.

These reporting deadlines are strict and non-extendable.

Automatic Nullification Events: The Guarantee shall be automatically void, without refund of

Protection fees, upon the occurrence of any of the following:

• Unauthorized direct contact with a Carrier regarding rerouting, delivery modification, or claim

handling;

• Shipping Label Fraud, Prohibited Content Masking, or misrepresentation of weight, dimensions, or

Declared Value;

• Failure to comply with Packaging Requirements;

• Submission of falsified, altered, misleading, or incomplete claim documentation;

• Failure to submit a Claim within the applicable reporting window stated above.

Automatic voiding operates irrespective of whether the underlying loss would otherwise have qualified

for coverage.
 

5.4 Non-Refundability of Protection Fees
 

Earned Upon Issuance: The fee for ShipVia Package Protection is earned at the time the Shipping Label

is generated, and Protection is elected at checkout.
 

Non-Refundable: Protection fees are non-refundable under all circumstances, including but not limited

to voided labels, cancelled Shipments, Carrier service failures, transit delays, customs seizures,

automatic nullification events, or voluntary withdrawal by the User.
 

Independent Consideration: The Protection fee constitutes separate and independent contractual

consideration distinct from the shipping rate paid to the Carrier.
 

5.5 Claim Requirements and Evidentiary Standards
 

Complete Claim File Requirement: The User bears the burden of submitting a complete evidentiary file

sufficient for underwriting review. Incomplete submissions may result in delay or denial.
 

Mandatory Documentation May Include:
 

Proof of Value: A commercial invoice, purchase receipt, or other objective documentation

substantiating the Declared Value;
 

Shipping Records: The Shipping Label and confirmation of Protection purchase;
 

Theft Claims: A police report or official incident report detailing the circumstances of loss;
 

Damage Claims: Clear photographs of the damaged Contents, the outer packaging, inner cushioning

materials, the visible Shipping Label, photographic evidence of the item’s condition prior to shipment,

and estimated repair costs where applicable;
 

Carrier Confirmation: Written confirmation of non-delivery or loss where available;

Identity Verification: Government-issued identification or sworn non-receipt statement where

reasonably requested;
 

Recipient Declaration: A signed declaration by the recipient confirming non-receipt, including sworn

affidavit or declaration on honour where required.
 

Duty to Preserve Evidence: The User must retain damaged goods and all packaging materials until

claim adjudication is complete. Failure to preserve evidence may result in denial.
 

5.6 Adjudication, Offset, and Release
 

Carrier Liability Offset: Any amount payable under the Guarantee shall be reduced by any recovery

received or recoverable from the Carrier.
 

Underwriting Determination: Final approval or denial of any Claim rests exclusively with the relevant

Service Partner in accordance with its underwriting standards. The Company facilitates submission and

communication but does not override underwriting determinations.
 

Binding Determination: The User agrees that the Service Partner’s determination shall be final and

binding absent manifest clerical error.
 

Processing Timeline: Adjudication of a complete Claim file may take up to ninety (90) days. Once

approved, payment may be issued within sixty (60) days.
 

Method of Payment: Payment may be issued as Account Credit or refunded to the Original Payment

Method, at the Company’s discretion.
 

Full and Final Release: Acceptance of any payment under the Guarantee constitutes full and final

settlement of all claims relating to the affected Shipment. Upon payment, the User releases the Company

and its Service Partners from any further liability, claims, or causes of action arising out of that

Shipment.
 

5.7 Incorporation of Claims Policy, Third-Party Underwriting, and Data Disclosure
 

Binding Policy Integration: The Claims Policy and the ShipVia Package Protection Terms and

Conditions govern the detailed processing, documentation standards, exclusions, monetary limits, and

procedural requirements applicable to all Claims. In the event of any inconsistency between this

overview section and the Claims Policy, the Claims Policy shall govern.
 

White-Label Integration: ShipVia Package Protection is administered through Service Partners

operating under their own underwriting and compliance frameworks.
 

Data Transmission Consent: For claim processing and underwriting review, the User consents to the

transmission of shipment data, identification documents, customs records, package photographs, and

supporting materials to EU based Service Partners or their jurisdictions where underwriting operations

are conducted.
 

Geographic and Commodity Restrictions: Coverage may be restricted or excluded for certain territories,

sanctioned jurisdictions, high-risk regions, or specific commodity categories as defined by the Service

Partner’s underwriting policies.
 

Regulatory Compliance: Coverage is subject to compliance with applicable sanctions, export controls,

and anti-money laundering regulations. Any breach of such regulations may result in automatic denial.
 

5.8 Facilitation of Carrier Default Liability
 

Where ShipVia Package Protection was not purchased, or where a portion of loss falls within the

Carrier’s default liability, the Company may facilitate submission of a claim to the Carrier as a courtesy

service.
 

No Underwriting Assumption: Such facilitation does not constitute assumption of Carrier liability by

the Company.
 

Carrier Discretion: Approval, denial, and timing of Carrier default liability claims remain entirely

within the Carrier’s discretion.
 

5.9 Excluded Items and Nature-Based Exclusions from the Guarantee
 

The following categories of goods are excluded from coverage under ShipVia Package Protection,

regardless of whether a Protection fee has been paid:
 

Hazardous and Dangerous Goods: Toxic, radioactive, corrosive, flammable, combustible, explosive

materials, fireworks, fuels, or otherwise regulated dangerous goods, including liquid fuels such as LPG,

FOD, heavy fuel oil, and similar substances.
 

Illegal Commodities: Stolen goods, firearms, ammunition, or any goods prohibited under the laws of

the origin, transit, or destination country.
 

Valuables and Financial Instruments: Cash, coins, negotiable instruments, securities, bank cards,

payment instruments, passports, government-issued identification documents, driver’s licenses,

property titles, official certificates, or similar high-value documents.
 

Perishables and Living Goods: Food products, plants, live animals, temperature-sensitive medications,

biological materials, or any item requiring controlled environmental conditions.
 

Restricted Tobacco and Alcohol: Tobacco products, cigarettes, liquids, wines, spirits, or similar

regulated goods, unless expressly authorized under a separate written agreement.
 

Logistics-Incompatible Freight: Palletized freight, container bodies, moving furniture, industrial

equipment, or freight not compatible with standard parcel transport.
 

Pre-Damaged or Fragilized Goods: Any product that was already broken, cracked, weakened,

contaminated, moldy, polluted, deteriorated, or otherwise compromised prior to shipment.
 

Clandestine or Prohibited Trade Goods: Products subject to restricted, embargoed, or clandestine trade

under the laws of the origin, transit, or destination country.
 

Any item excluded under a Service Partner’s underwriting framework or master contract shall

automatically be excluded from coverage under this Agreement.
 

5.10 Coverage Limits and Monetary Thresholds
 

Maximum Coverage: Compensation under the Guarantee shall not exceed $100,000 per Parcel or per

Shipment, or the Declared Value, whichever is lower, regardless of the number of Parcels comprising

the Shipment.
 

Parcel Shop Limitation: Shipments deposited at or delivered to parcel shop locations not primarily

engaged in transport services are subject to a maximum coverage limit of $500.
 

Non-Rigid Packaging Cap: Shipments using non-rigid packaging, including bubble mailers, thin

envelopes, or soft packaging, are subject to a maximum coverage limit of $200 per Parcel.

All monetary limits remain subject to underwriting approval and offset provisions set out in Section
 

5.11 Mandatory Packaging Standards for Eligibility
 

Compliance with packaging standards is a strict condition precedent to coverage.
 

Double Packaging Requirement: Goods must be enclosed in an inner protective container and placed

within a rigid outer container capable of withstanding normal parcel handling conditions.

Rigid Container Requirement: Outer packaging must be structurally sound and must prevent the

Contents from being identifiable through palpation.
 

Fragile Goods Standard: All fragile items must be shipped in a hard case, reinforced container, or

wooden crate appropriate for the nature and weight of the Contents.
 

Failure to comply with these standards may result in automatic nullification of the Guarantee pursuant

to Section 5.3.
 

5.12 Global Territorial and Sanctions Exclusions
 

Coverage is excluded for Shipments departing from, transiting through, or arriving in territories subject

to comprehensive sanctions, embargoes, or specific underwriting exclusions, including but not limited

to:
 

Iran, Cuba, North Korea, Sudan, Syria, Crimea, Afghanistan, Venezuela, Belarus, Russia, and the

Ukraine regions of Luhansk and Donetsk,

as such lists may be amended in accordance with applicable Canadian, United States, European Union,

or international sanctions laws.
 

Coverage shall automatically be denied where payment or performance would violate applicable

sanctions, export controls, or anti-money laundering regulations.
 

5.13 Conflict of Terms and Governing Claims Framework
 

In the event of any inconsistency between this Section 5 and the Claims Policy, the Claims Policy shall

govern the adjudication, exclusions, evidentiary requirements, and processing standards applicable to

ShipVia Package Protection.
 

Any item excluded under a Service Partner’s underwriting agreement, master contract, or regulatory

framework shall be deemed excluded under this Agreement without further notice.

This Section 5 constitutes an overview of the Guarantee framework. The Claims Policy and ShipVia

Package Protection Terms and Conditions govern the operational processing and technical

administration of Claims.