Terms Of Use

The following Terms and Conditions of Use (“Terms”) apply to your access and use of the RefundPros website located at refundpros.ca and all of it’s associated sites, software applications, subsidiaries, affiliates and services (collectively, the “Services”).

RefundPros is the property of SMC-Software Modelers Consulting Incorporated (“SMC”) a company incorporated under the Canada Business Corporations Act.


ACCEPTANCE OF TERMS

By using the Services, you are agreeing to be bound by these Terms without any modification or qualification. If for any reason you are unable to meet all the Terms set forth under this agreement, or if you breach any of the Terms contained herein, your permission to use the Services immediately lapses. You may not use the Service and you may not accept these Terms if you are not of a legal age to form a binding contract. By accepting these Terms you represent that you have the capacity to be bound by them or if you are acting on behalf of a company or entity, that you have the authority to bind such entity.

SMC reserves the right to modify or change these Terms at any time without giving prior notice. Your use of the Services are subject to the most current Terms posted here.

IF YOU ARE DISSATISFIED WITH THE TERMS YOU SHOULD DISCONTINUE USE.


THE SERVICES

The Service audits the user’s shipping data to identify shipping charges that may be eligible for a full or partial refund or credit according to the policies of the user’s shipping carrier. The Service submits refund requests on behalf of the user and tracks and reports on these refunds.


FEES, PAYMENTS AND TAXES

There is no charge for the Services until such time as a refund identified and submitted by the Service has been approved by the shipping carrier. SMC will charge the user an agreed percentage of the refund amount confirmed by the shipping carrier. Charges will be billed in Canadian Dollars and are subject to Canadian taxes. The user consents to automatic payments being taken from the credit card on file for that user at two weekly intervals if any fees are due.

It is the user’s responsibility to keep SMC informed of changes to the billing information (e.g. credit card details).

SMC reserves the right at any time to modify the fees, payment method and Terms. You will be given reasonable advance notice and the opportunity to cancel your membership before such changes are due to be imposed.


SUBSCRIBER REGISTRATION OBLIGATIONS

In consideration of your use of the Services, you agree to:


SUBSCRIBER RESPONSIBILITIES

You are responsible for all activities occurring under your User Account and shall abide by all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You are responsible for maintaining the confidentiality of your username, password and all other sensitive, confidential or proprietary information relating to or used in connection with your User Account. You are responsible for all activities that occur with your User Account and you agree to notify SMC immediately of any unauthorized use of your User Account. SMC is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your User Account, or otherwise.


RIGHTS YOU GRANT TO US

By submitting information including usernames and passwords that you use to access carrier accounts you are authorizing SMC to access, review, use and store information accessed through the carrier account for the purpose of providing the Service. You acknowledge and agree that SMC is an authorised agent acting on your behalf to audit the information and request credit or refund requests on your behalf as your agent.


PERSONAL INFORMATION AND PRIVACY

Personal information you provide to SMC through the Service is governed by the Service’s Privacy Policy and applicable laws related to personal information. Your election to use the Services indicates your acceptance of the terms of the then-current Privacy Policy. The current Privacy Policy can be viewed on this website.


COMMUNICATIONS FROM SMC

The Service will include certain communications from SMC, such as service announcements, administrative messages and e-newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the choice of opting-out from receiving newsletter mails from us. However, this may prevent us from providing effective Services to you.


TERMINATION

You agree that SMC may terminate your use of the Service for reasons including, but not be limited to, breaches or violations of these Terms or the Service’s Privacy Policy, a breach of User’s payment obligations, a written request by you to terminate your User Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and/or requests by law enforcement or other government agencies.

Termination of your User Account includes removal of access to the Service, deletion of your User Account information and the deletion of data as permitted or required by law.

All cancellations must be made in writing by the owner of the business or the user who originally signed-up for the Service.

You agree to pay any outstanding fees that are due at termination of your User Account.


RESTRICTION OF USE

In addition to all other Terms, you shall not:


DATA OWNERSHIP

We respect your right to exclusive ownership of your data stored in the Services and any type of data that identifies you or any specific customer or program (collectively the “Confidential Information”). Unless specifically permitted by you, your use of the Services does not grant SMC the license to use, reproduce, publish or distribute the Confidential Information stored by the Service or accessible via your carrier user account. You expressly grant SMC the right to use, analyze and aggregate system activity data associated with use of the Services by you and other subscribers for the purposes of optimizing, improving or enhancing the way the Services operate, and to create new features and functionality in connection with the Services at the sole discretion of SMC.


INTELLECTUAL PROPERTY RIGHTS

No part of the Service and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without SMC’s prior written consent. You acknowledge and agree that SMC is and shall remain the exclusive owner of all right, title and interest in and to the Services, including without limitation all patent, copyright, trade secret, trademark and other intellectual property rights therein, including any optimizations, enhancements, modifications or additional features added from time to time by SMC, whether in connection with your use or feedback or otherwise. Except for the right to use the Services strictly in accordance with these Terms, as amended or modified from time to time, no license or conveyance of any such proprietary rights to you is granted or implied under these Terms.


DISCLAIMER OF WARRANTIES

You acknowledge that: (a) the Service may not be in final form or fully functional and may contain defects, errors, design flaws or other problems, and (b) use of the Service may result in unexpected results, loss of data or other unpredictable damage or loss to You.

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND LIABILITY. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. SMC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SMC, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THESE TERMS.


LIMITATION OF LIABILITY

YOU AGREE THAT SMC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SMC RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICES. IN NO EVENT SHALL SMC’S LIABILITY TO YOU, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES ACTUALLY PAID BY YOU TO SMC FOR SUCH SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. IN ANY EVENT, SMC’S LIABILITY WILL NOT EXCEED FIVE HUNDRED CANADIAN DOLLARS. YOU AGREE THAT THE FOREGOING IS AN AGREED ALLOCATION OF RISK AND IS A REFLECTION OF THE RIGHTS AND OBLIGATIONS AGREED UPON BY YOU AND SMC IN THESE TERMS.


INDEMNIFICATION

You agree to indemnify and hold harmless SMC, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including any legal fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms, or in connection with any other claim related to your use of the Services.


GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement will be construed and interpreted in accordance with the laws of the Province of British Columbia and the parties hereto hereby irrevocably attorn to the jurisdiction of the Courts of the Province of British Columbia for the purposes of any legal or equitable suit, action or proceeding relating to this Agreement. You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.

The most current version of the Terms of Use can be reviewed on this web page.


QUESTIONS AND FEEDBACK

If you have questions or wish to get in touch, please contact us using the form on the Contact Us page.


Last updated: February 2, 2018