This version in effect since October 31, 2023. WELCOME TO WINEXSERVICES.BIZ. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ACCESSING THIS WEBSITE BY HYPER-LINKING IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. YOU SHOULD PRINT A COPY OF THESE TERMS OF USE FOR FUTURE REFERENCE. These Terms of Use contain the following provisions:

Definitions
Your Acceptance of these Terms of Use
Permission to use the Service
Changes to these Terms of Use
Ownership of the Site
Copyright
Permitted Use of the Site
Trademarks
Account Registration
Payment
Shipment Terms and Conditions
1. Shipment Acceptance
2. Additional Terms and Conditions of Carriage
3. Deliveries and Undeliverables
4. Declared Value Protection
5. Inspection
6. Cancellation
7. At Shipper’s Risk
8. Limitation of Liability
9. Time Limit for Claims
10. Delay
11. Circumstances Beyond WinEx’s Control
12. Loss of Personal Information
13. Shipper’s Warranties and Indemnity
Courtesy Rate Quote
Tracking Updates
Changes/Corrections
Misprints and Errors
Encryption
Your Information
Discounts and Promotions
Submissions
Rules of Conduct
Disclaimers and Limitation of Liability
Indemnity
Links to Third Party Sites
Privacy
Geographical Restriction
Governing Law and Forum
Termination
Other
1. Entire Agreement
2. Assignment and Enurement
3. No Waiver
4. Severability
5. Headings
6. Unsolicited Commercial Electronic Messages
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1. Definitions

In these Terms of Use:

“Additional Charges” means any specialized service charges, administrative charges and shipping charges that may be applied to a Shipment and/or installation and maintenance services to be provided by WinEx, in addition to a Service Rate;
“includes” and “including” means including without limiting the generality of the foregoing;
“Invoice” means any billing document, electronic or otherwise, used to accept orders for WinEx for installation and maintenances services and/or for any WinEx service other than courier services (which courier services shall be accepted by a Shipping Document);
“Piece” means a single envelope, parcel, container, or other article accepted by WinEx for delivery;
“person” includes natural persons and any type of incorporated or unincorporated entity;
“Receiver” means the party to whom a Shipment is destined for delivery;
“registered user” means a person who has created and registered an account with WinEx;
“Service” means the Site, as well as the courier services, installation and maintenance services, online live Tracking Update services, and online billing and payment services offered by WinEx;
“Service Rate”
1. in respect of a Shipment, the rate charged by WinEx based on the service selected, but excludes any Additional Charges or Taxes in respect of such Shipment;
2. in respect of installation and maintenance services, the rate charged by WinEx based on the service selected, but excludes any Additional Charges or Taxes in respect of such installation and maintenance services;
“Shipment” means one or more Pieces sent on the same date and at the same time, with the same WinEx service and other identical shipment characteristics, from one Shipper to one Receiver at one address under a Shipping Document;
“Shipping Document” means any shipping document, label, waybill, manifest or similar instrument used by WinEx to accept Shipments for carriage;
“Shipper” means the party tendering a Shipment to WinEx for carriage;
“Site” means this website, having the URL www.winexservices.biz, as well as any related subdomains, subsidiary sites, other websites or microsites operated by WinEx, and any tools, applications, forums, or social media pages;
“Taxes”means any and all taxes ordinarily payable in respect of services provided by WinEx, including goods and services tax or sales tax;
“Third Party Sites” means websites which are owned, maintained or controlled by third parties (and not by WinEx) to which links are provided from this Site;
“use” includes access, viewing, reading, copying (whether in whole or in part), creating an account, creating Shipping Documents, tracking deliveries, purchasing and making payments;
“user” means a person who uses the Service in any manner, including merely accessing or viewing the Site. Such a person is referred to in these Terms of Use as “user” or “you”;
“WinEx” means 6857559 Manitoba Ltd. o/a WinEx Services, including all of its affiliates, subsidiaries, shareholders, officers, directors, agents, representatives, contractors, suppliers, and employees. From time to time, WinEx is referred to in these Terms of Use as “we”; andcaptions and headings are inserted for convenience only, and are not to be used as an aid in the interpretation of these Terms of Use.

2. Your Acceptance of these Terms of Use

These Terms of Use are between you and all persons you represent and WinEx regarding your use of the Service. Each time you use the Service, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Terms of Use as they then read, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these Terms of Use, or you are not authorized to agree to and accept these Terms of Use on behalf of the person you purport to represent, you may not access or use the Service. The Service, including the Site, is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service. These Terms of Use are in addition to any other agreement you may have with WinEx, including a courier services agreement. Your use of the Service includes the ability to enter into agreements electronically. IF YOU CHOOSE TO ENTER INTO AGREEMENTS ELECTRONICALLY, YOU ACKNOWLEDGE YOUR ELECTRONIC COMMUNICATIONS ARE SUFFICIENT TO CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC COMMUNICATIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE AND THE SERVICE. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

3. Permission to Use the Service

You may use the Service only if you are a resident of Canada, you have reached the age of majority where you live, and you can form legally binding contracts under applicable law. You may not use the Service if you live in a jurisdiction where use of the Service or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws. WinEx reserves the right to request proof of identification and age. WinEx provides courier services and/or installation and maintenance services only from and to addresses in the Province of Manitoba in Canada.

4. Changes to these Terms of Use

WinEx reserves the right, at its sole discretion, to change, amend, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes, and you are deemed to be aware of such changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the changes, you shall immediately stop using the Service.

5. Ownership of the Site

This Site is owned and operated by 6857559 Manitoba Ltd. o/a WinEx Services.

6. Copyright

© [2023] WinEx Services. All rights reserved. Unless expressly stated otherwise, all content on the Site, including but not limited to designs, text, graphics, functionality, user interfaces, visual interfaces, pictures, video, information, products, applications, software, sound and other files, and their selection and arrangement (the “Site Content“), are protected by copyright and other intellectual property laws and are owned by WinEx and its licensors, or the party accredited as the provider of the Site Content. Except as granted in the limited license herein, any use of the Site Content, including modification, transmission, publication, distribution, republication, or other exploitation of the Site Content, whether in whole or in part, is prohibited without the express prior written consent of WinEx.

7. Permitted Use of the Site

You are hereby granted a limited license to use, to display on your computer, to download and to print a copy of the text and images which are available on this Site (including any forms available on this Site which are designated for printing and use), solely for non-commercial, personal or educational purposes provided that the contents of this Site are not modified in any way. This license is personal to you, and may not be assigned, transferred or sub-licensed to any other person. Where any of the Site Content is downloaded, copied, stored or printed it is still subject to these Terms of Use and you will ensure that all copyright and trademark notices are retained. No other use is permitted. Without limiting the generality of the foregoing, you may not make any commercial use of such content, include such content in or with any product that you create or distribute, or copy such content onto your, or any other person’s, website. The Site is provided solely for the use of current and potential WinEx customers to interact with WinEx and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving WinEx Invoices or Shipping Documents and remitting payment, providing drop-off locations, estimating Taxes, and other information and services may only be used by current and potential WinEx customers for their own Shipments. Your use of the Site does not transfer to you any ownership or other rights in the Site or the Site Content. You may use the Site only in the manner described expressly in these Terms of Use and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited.

8. Trademarks

The WINEX name and logo, WINEX, WINEX SERVICES, and other names and logos appearing on or in connection with the Site (the “Marks“) are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by WinEx or their respective owners or licensees. Any use of the Marks, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks.

9. Account Registration

In consideration of your use of the Service, you represent that you are at least 18 years of age, and are not a person barred from receiving the Service under the laws of the Province of Manitoba and the federal laws of Canada or other applicable jurisdiction. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the “Registration Data“); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, including a valid email address. If you provide any information that is untrue, inaccurate, not current or incomplete, WinEx has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Registered users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password, account designation or account. You agree to: (a) immediately notify WinEx of any unauthorized use of your password, account designation or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree that WinEx cannot and will not be liable for any loss or damage arising from your failure to keep your password and account secure. You may not transfer or sell your account and account designation to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these Terms of Use. The Service is not available to temporarily or indefinitely suspended registered users. WinEx reserves the right, in WinEx’s sole discretion, to cancel unconfirmed or inactive accounts. WinEx reserves the right to refuse the Service to anyone, for any reason, at any time.

10. Payment

Advertisements on the Service, including the Site, are invitations to you to make offers to purchase products and services on the Service and are not offers to sell. All prices and other amounts appearing on the Service are quoted in Canadian dollars.

WinEx accepts all major credit cards, including Visa, Mastercard and American Express. WinEx may also accept online payment via certain third party payment processors, such as PayPal, Google Checkout and Amazon Payment. Please be sure to provide your exact billing address and telephone number, which should be the address and telephone number connected with your credit card or payment account. Incorrect information may cause a delay in processing your Shipping Document or other electronic order form. The total price of your Shipment and/or other products or services ordered by you will be charged to your method of payment when our order confirmation email has been sent to your email address.

When you submit your online Shipping Document with respect to a Shipment or other electronic order form with respect to any other products or services, you agree to pay in full for all products and services purchased through the Service, and you agree that WinEx may charge your credit card or payment account for any product or service purchased, including the applicable Service Rate and any Additional Charges, Taxes or late fees as may be accrued to or in connection with your account. All invoices must be paid in full, and no deductions can be made by you for any reason.

WinEx reserves the right to make any additions, deletions or modifications to its Service Rates and Additional Charges at any time. WinEx also reserves the right to make any necessary adjustments to the charges applicable to a Shipment, where the Shipper or Receiver has failed to provide, or incorrectly provided, information about such Shipment.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL AMOUNTS OWING BY YOU, AND FOR PROVIDING US WITH VALID CREDIT CARD OR PAYMENT ACCOUNT INFORMATION DETAILS FOR PAYMENTS OF ALL SUCH AMOUNTS.

11. Shipment Terms and Conditions

(a) Shipment Acceptance

Your properly completed and delivered Shipping Document constitutes your offer to purchase the courier services referenced in your Shipping Document. Your online Shipping Document will be deemed to be accepted only if and when we send a Shipment confirmation email to your email address. That Shipment confirmation email constitutes our acceptance of your online Shipping Document and forms a legally binding contract with WinEx. WinEx reserves the right, in its sole discretion, to refuse to accept a Shipping Document if WinEx determines that the Shipment is unacceptable. Without limiting the generality of the foregoing, WinEx will deem a Shipment unacceptable if:

its content is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organisation;
it contains counterfeit goods, animals, insects, birds, bullion, currency, negotiable instruments, real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains in any form, pornography or illegal narcotics/drugs;
it contains any other item which WinEx decides cannot be carried safely or legally, or
its packaging is defective or inadequate.

(b) Additional Terms and Conditions of Carriage

In addition to these Terms of Use, you agree that the carriage by WinEx of any Shipments tendered to WinEx by you shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Shipping Document and as appropriate any transportation agreement between you and WinEx covering such Shipment, which are incorporated into these Terms of Use by reference. If there is a conflict between the Shipping Document and any such document then in effect or these Terms of Use, the transportation agreement, Shipping Document, or these Terms of Use will control, in that order of priority.

(c) Deliveries and Undeliverables

Shipments cannot be delivered to P.O. boxes or postal codes. Shipments are delivered to the Receiver’s address given by the Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If the Shipment is deemed to be unacceptable, or the Receiver cannot be reasonably identified or located, or the Receiver refuses delivery or to pay for delivery, WinEx shall use reasonable efforts to return the Shipment to the Shipper at the Shipper’s cost, failing which the Shipment may be released, disposed of or sold by WinEx without incurring any liability whatsoever to the Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to the Shipper. An additional charge will be applied to any Shipment that is required to be redelivered where WinEx, through no fault of its own, was unable to complete delivery on the first attempt. This charge will be applied for each subsequent delivery attempt by WinEx.

(d) Declared Value Protection

WinEx automatically protects against loss or damage of a Shipment up to a value of $100. If the Shipper wishes to declare a value greater than $100, WinEx can arrange to protect a Shipment’s declared value for the Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment (“Declared Value Protection”) up to a maximum declared value of $5,000.00, provided the Shipper completes the declared value section on the Shipping Document and pays the applicable premium. Declared Value Protection does not cover indirect loss or damage, or loss or damage caused by delays. In all cases, WinEx’s liability is limited to the actual value of the Shipment that was lost or damaged regardless if a higher value was declared.

(e) Inspection

WinEx has the right to open and inspect a Shipment without notice to the Shipper or Receiver or any other person.

(f) Cancellation

If you wish to cancel your Shipment after you receive your Shipment confirmation e-mail, you may request a cancellation by logging into your WinEx account and cancelling your Shipment or by calling (204) 250-9300. However, we may not receive and process your cancellation request before we accept your Shipping Document and commence Shipment, in which case your cancellation request may not be effective.

(g) At Shipper’s Risk

Certain articles are not well suited for carriage by WinEx and are therefore subject to a high risk of damage. The following articles are only accepted for carriage as Shipments at the Shipper’s risk (i.e., WinEx will not assume any liability for these articles and will not accept any claims for loss or damage in the shipment of these articles):

Glass, china, crystal, pottery, ceramics and other similarly fragile articles;
Collectors’ items;
Liquids;
Precious metals;
Articles requiring temperature-controlled services (i.e., a specific temperature is maintained during carriage);
Perishable items, and foods and beverages requiring refrigeration or other environmental control;
Unpackaged articles;
Artwork;
Antiques;
Jewellery;
Seeds;
Household goods and personal effects.

Any such Shipments at Shipper’s Risk accepted by WinEx will travel on a “no-value” basis for the purpose of claims for damage (i.e., you cannot increase WinEx’s liability by declaring a value for such Shipment on the Shipping Document).

(h) Limitation of Liability

THE AMOUNT OF ANY LOSS OR DAMAGE RELATIVE TO A SHIPMENT FOR WHICH WINEX MAY BE LIABLE, WHETHER OR NOT THE LOSS OR DAMAGE RESULTS FROM NEGLIGENCE, GROSS NEGLIGENCE OR A FAILURE TO PERFORM THE CONTRACT, SHALL NOT EXCEED CDN$4.41/KG ($2.00 PER POUND) CALCULATED ON THE TOTAL WEIGHT OF THE SHIPMENT, UNLESS A VALUE (FOR WINEX LIABILITY PURPOSES) IS DECLARED IN THE APPROPRIATE BOX ON THE FACE OF THE SHIPPING DOCUMENT, AND THE APPLICABLE SURCHARGE IS PAID, IN WHICH CASE WINEX’S MAXIMUM LIABILITY SHALL BE THE AMOUNT OF THE DECLARED VALUE. THE MAXIMUM VALUE THAT MAY BE DECLARED (FOR WINEX LIABILITY PURPOSES) IN RESPECT OF ANY SHIPMENT IS CDN$5,000.00 (AND THE PORTION OF ANY DECLARED VALUE IN EXCESS OF CDN$5,000.00 IS VOID AND OF NO FORCE OR EFFECT). YOU AGREE AS A SPECIAL AGREEMENT WITH RESPECT TO ALL SHIPMENTS THAT NOTWITHSTANDING ANY DISCLOSURE OF THE NATURE OR VALUE OF THE GOODS, THE AMOUNT OF ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, LOSS OF EARNINGS OR PROFITS, RESULTING IN ANY MANNER, WHETHER OR NOT FROM NEGLIGENCE OR GROSS NEGLIGENCE, FROM LOSS OF OR DAMAGE TO THE GOODS AND/OR MISDELIVERY, FAILURE TO DELIVER OR DELAY IN DELIVERY OF THE GOODS, FOR WHICH WINEX MAY BE LIABLE TO YOU, SHIPPER, OWNER, RECEIVER AND/OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE MAXIMUM LIABILITY OF WINEX SET OUT ABOVE. UNDER NO CIRCUMSTANCES SHALL WINEX BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES.

(i) Time Limit for Claims

All claims must be submitted in writing to WinEx within thirty (30) days from the date that WinEx accepted the Shipment, failing which WinEx shall have no liability whatsoever.

(j) Delay

WinEx will make every reasonable effort to deliver the Shipment according to WinEx’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. WinEx is not responsible for the consequences (direct or indirect) of a failure to deliver a Shipment by a stipulated time. Upon request, WinEx will, at its option, refund or credit the paying party if a guaranteed Shipment is not delivered in accordance with the applicable service guarantee.

(k) Circumstances Beyond WinEx’s Control

Winex is under no obligation to refund or credit a paying party for any transportation charges, or for any loss, damage, delay, nondelivery, misdelivery or failure to deliver, caused by events beyond WinEx’s control, including, but not limited to, any act, default or omission of the Shipper, owner, Receiver or any party having an interest in the Shipment, defects or inherent vice in the Shipment, inadequate or incorrect markings or address on the Shipping Document, acts of God, perils of the air, weather conditions, mechanical delays, disruptions in transportation networks, acts of public enemies, public health crises, quarantine, war, strikes or other labour disruptions (of any entity including vendors, suppliers or customers), terrorism, riots or civil commotion, acts of public authorities with actual or apparent authority, or Shipments requiring extraordinary handling, documentation or routing.

(l) Loss of Personal Information

WinEx shall not be liable for loss of personal information (i.e., information about an identifiable individual) contained in or displayed on any Shipment.

(m) Shipper’s Warranties and Indemnity

If you are a Shipper, you shall indemnify and hold WinEx harmless for any loss or damage arising out of your failure to comply with any applicable laws or regulations and for your breach of the following warranties and representations:

all information provided by you or your authorized representative(s) is complete and accurate, including, but not limited to, the description of the Shipment contained in your Shipping Document;
you protected the Shipment against unauthorised interference during preparation, storage and transportation to WinEx;
the Shipment has been properly marked, addressed and packaged to ensure safe transportation in accordance with WinEx’s ordinary care in handling and in accordance with all applicable laws;
all applicable customs, import, export and other laws and regulations have been complied with;
the Shipping Document has been submitted to WinEx by you or your authorised representative; and
Unless otherwise indicated, in respect of any Shipment, the Shipper’s name and address is the sender’s name and address indicated on the Shipping Document, and the latter constitutes the place of execution and departure; the Receiver’s name and address is the recipient’s name and address indicated on the Shipping Document, and the latter constitutes the place of destination; and the date indicated on the Shipping Document is the date of execution of the Shipping Document.

12. Courtesy Rate Quote / Order Summaries

WinEx may provide a courtesy rate quote and/or an order summary for any service upon your request by e-mail, by telephone or via the Site. Any amount set out in an order summary and any rate quoted for a Shipment is an estimate only and is based solely upon information provided by you. The actual Service Rate and Additional Charges that will be applied to a Shipment or for any other service, and for which you will be invoiced, may vary from the order summary and/or rate quote based on the characteristics of the Shipment actually tendered to WinEx or the nature of the actual service provided by WinEx.

WinEx is not liable, nor will WinEx refund or credit you, for any discrepancy between the order summary and/or rate quoted prior to tendering the Shipment or the rendering of the service, and the actual Service Rate and Additional Charges applied to the Shipment or the service.

13. Tracking Updates

WinEx authorizes you to request live tracking updates for a Shipment (“Tracking Updates”) for which you are the Shipper, Recipient or third-party payor, and you agree to only request Tracking Updates for a Shipment for which you are the Shipper, Recipient, or third-party payor subject to these Terms of Use. You acknowledge and agree that Tracking Updates are the private property of WinEx, are provided to you free of charge and that any use of Tracking Updates information is at your sole risk. Tracking Updates are provided “AS IS” and WinEx disclaims all warranties or conditions, express or implied.

14. Changes/Corrections

WinEx reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; and (b) change at any time the products and services advertised or made available for sale on the Service (including the Site), the Service Rates, Additional Charges, prices, fees, and specifications of such products and services, any promotional offers and any other Site Content without any notice or liability to you or any other person.

15. Misprints and Errors

WinEx endeavours to provide current and accurate information on the Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products or services) or other errors may sometimes occur. WinEx cannot guarantee that the products and services advertised on the Service, including the Site, will be available when ordered or thereafter. WinEx does not warrant that the Site Content including, without limitation, service descriptions or photographs, is accurate or complete.

16. Encryption

The Site uses encryption technology to protect credit card information and payment account information from access by unauthorized third parties. However, WinEx cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. By sending any sensitive information over the Internet in connection with your use of this Site and the Service, you agree that WinEx will not have any liability if the applicable encryption technology fails to protect your information.

17. Your Information

We rely on the information you provide through the Service, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

18. Discounts and Promotions

WinEx may make discounts and promotions available on certain services or in certain circumstances. Discounts and promotions are governed by these Terms of Use and any additional terms and conditions set out by WinEx applicable to the particular discount or promotion. By participating in our discount or promotions programs, you signify your agreement and acceptance of these Terms of Use and any additional terms and conditions applicable to such discount or promotion.

19. Submissions

WinEx does not accept ideas, concepts, techniques or other submissions for new services or products through winexservices.biz. If such information is received, it will not be considered confidential or proprietary, and WinEx will be deemed free to use, communicate and exploit such information in any manner it chooses. WinEx shall not be liable for the disclosure or use of such information.

20. Rules of Conduct

As a condition of using the Service, you agree to all of the following:

You are required to select a user identification (“UserName”) and password to access certain aspects of the Service, including to purchase products or services. You are responsible for maintaining the confidentiality of your UserName and password.
You are responsible for all activity that occurs under your UserName.
You will not transmit any worms or viruses, spyware, malware or any other harmful or destructive code to or through the Service.
You will not use the Service for any illegal or unauthorized purpose or violate any applicable state, federal or local laws in your jurisdiction (including but not limited to intellectual property laws, criminal laws against money laundering, or tax laws).
You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, or falsely state or otherwise misrepresent your affiliation with an individual or entity.
You will not access another registered user’s account without that registered user’s permission, nor will you compromise another registered user’s account. You agree that if such acts are brought to the attention of WinEx, WinEx may (1) immediately terminate your user account, if any, and (2) provide all relevant information to law enforcement officials in order to assist in an investigation of your actions.
You will not violate nor attempt to violate the security of the Service, including, without limitation:
- accessing data not intended for you, including logging into a server or account which you not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
- using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
- taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or WinEx’s systems or networks, or any systems or networks connected to the Site or to WinEx’s systems;
- conducting a reverse look-up, tracing or seeking to trace any information on any other user to its source, or exploit the Site or any Service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
- attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”;
- disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding WinEx’s ability to monitor or make available the Site; or
- taking any action in order to obtain services to which you are not entitled.

21. Disclaimers and Limitation of Liability

YOU AGREE THAT THE SERVICE AND ALL INFORMATION, SITE CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INSTALLATION AND MAINTENANCE SERVICES, ARE PROVIDED BY WINEX ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU FURTHER AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION, SITE CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INSTALLATION AND MAINTENANCE SERVICES, BY WINEX SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WINEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND ALL INFORMATION, SITE CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INSTALLATION AND MAINTENANCE SERVICES, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WINEX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE SITE CONTENT ON THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR SAFETY OF ANY SITE CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH THE SERVICE, OR ANY DESCRIPTIONS OR LITERATURE ABOUT SERVICES, PRODUCTS OR SITE CONTENT. WINEX ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INSTALLATION AND MAINTENANCE SERVICES, ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER’S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SITE CONTENT DISTRIBUTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WINEX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

IN NO EVENT SHALL WINEX BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO (1) PRODUCTS OR SERVICES SOLD ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INSTALLATION AND MAINTENANCE SERVICES, (2) THIS SITE, OR (3) THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY WINEX OR ANY PERSON FOR WHOM WINEX IS RESPONSIBLE, AND EVEN IF WINEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

22. Indemnity

By accepting these Terms of Use, you agree to indemnify and hold WinEx harmless from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable legal fees, arising out of your use of or connection to the Service and/or your actual or alleged breach of these Terms of Use, including, but not limited to, any claim made by any third party or any action taken by any governmental or regulatory body, due to, arising out of or relating to your actual or alleged violation of any applicable laws, rules, regulations or rights of another.

23. Links to Third Party Sites

For your convenience, the Site may include links or references to Third Party Sites. Third Party Sites are independent from WinEx, and WinEx has no responsibility or liability for or control over Third Party Sites, their business, goods, services, or content. WinEx does not sponsor or endorse Third Party Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Third Party Sites and your dealings with the owners or operators of Third Party Sites is at your own risk, and you will not make any claim against WinEx arising from, connected with, or relating to your use of Third Party Sites or your dealings with the owners or operators of Third Party Sites. As between you and WinEx, these Terms of Use, with all necessary modifications, applies to your access and use of any Third Party Sites and their business, goods, services and content.

24. Privacy Policy

WinEx collects, uses and discloses personal information in accordance with its Privacy Policy, which is available by clicking here. WinEx’s Privacy Policy may be changed from time to time by WinEx in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Site. By accepting these Terms of Use, and each time you use the Site, you consent to the collection, use and disclosure of your personal information by WinEx in accordance with the Privacy Policy as it then reads.

25. Geographical Restriction

WinEx will only accept Shipments for which the address of departure and the address of destination are located within the Province of Manitoba. WinEx provides no courier services outside of the Province of Manitoba.

26. Governing Law and Forum

WinEx, the Service (including the Site), and the Site Content (excluding linked web sites or content) are physically located within the Province of Manitoba, Canada. The Service, including the Site and the Site Content, are intended to be used by Canadian residents only. These Terms of Use will be governed by the laws of the Province of Manitoba and the federal laws of Canada and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. Any dispute between you and WinEx or any other person arising from, connected with or relating to the Service, these Terms of Use, or any related matters (collectively “Disputes”) will be resolved before the Courts of Manitoba, sitting in the City of Winnipeg, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. You agree to waive any right that you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against WinEx related to the Service (including the Site), the Site Content or these Terms of Use and, where applicable, you also agree to opt out of any class proceedings against WinEx or its licensors.

27. Termination

Notwithstanding any other provision of these Terms of Use, WinEx may in its discretion change, discontinue, modify, restrict, suspend or terminate the Service (including the Site) or any part of it without any notice or liability to you or any other person. WinEx may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Terms of Use or your permission to access and use the Service without any notice or liability to you or any other person. If these Terms of Use or your permission to access or use all or any part of the Service is terminated for any reason, then these Terms of Use and all other then existing agreements between you and WinEx will continue to apply and be binding upon you regarding your prior access to and use of the Service, and anything connected with, relating to or arising therefrom.

28. Other

(a) Entire Agreement

These Terms of Use as they may be amended from time to time in accordance with the provisions of Section 4, and any and all other legal notices and policies on this Site, constitute the entire agreement between you and WinEx with respect to your use of this Site.

(b) Assignment and Enurement

WinEx may assign these Terms of Use to any third party. These Terms of Use cannot be assigned or transferred, in whole or in part, by you. These Terms of Use will enure to the benefit of and be binding upon each of you and WinEx and our respective heirs, executors, personal representatives, successors and permitted assigns.

(c) No Waiver

No waiver of any provision of these Terms of Use shall be binding on WinEx unless executed by WinEx in writing. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

(d) Severability

Any provision of these Terms of Use which are held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms of Use or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

(e) Headings

All article or section headings are for reference and convenience only and shall not be considered in the interpretation of this Agreement.

(f) Unsolicited Commercial Electronic Messages

The inclusion of any email addresses on the Site does not constitute consent to receiving unsolicited commercial electronic messages or SPAM.

29. Contact Us

If you have any questions, concerns or comments, please contact us at:

WinEx Services
Mailing Address: 23-845 Dakota St., Suite 266, Winnipeg, MB, R2M 5M3
Telephone No.: (204) 250-9300
Fax No.: n/a
E-mail: w [email protected]