Terms of Use

Please read the following carefully.

The following terms and conditions (“Terms”) apply to all visitors and users of the various websites, including but not limited to www.bilsi.com and shipllama.com (collectively, the “Sites”) which are owned and operated by BI Logistics Services Inc. (“BILSI”). By accessing the Sites and using the various services made available through the Sites, including the freight brokerage and related services (“Services”), you indicate your acknowledgment and acceptance of these Terms. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SITES. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF SITES THROUGH YOUR CONTINUED USE OF THE SITES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES OR ACCESS THE SITES.

Please note that the Terms and any other policies or guidelines governing the Sites are subject to change by BILSI at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on the Sites. Your use of the Sites will be subject to the most current version of the Terms posted on the Sites at the time of such use. Your continued use of the Sites after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to any changes to these Terms, please immediately discontinue your use of the Sites.

You also understand and agree that we may amend, alter, suspend or discontinue any aspect of the Sites or the Services at any time, including the availability of any Sites’ features, content, functionality or aspect in our sole discretion without notice to you.

(a) Applicable Law. These Terms and any action related thereto or related to the Sites and the Services will be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Sites, the Services, the Content and the Submissions will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of the Sites is void where prohibited by laws in jurisdictions to which you are otherwise subject. Sections 3-11 will survive any termination of these Terms for any reason.

(b) Electronic Communications. If you sign up to receive Services, you must consent to receive email from us in connection with the Services. You may have also opted in to receive future promotional communications from us. If you opt-in to receive such communications, we may use the information to: communicate with you regarding our products, services and promotions; provide you with other information that you request; and/or improve our product and service offerings. You will always have the opportunity to "unsubscribe" from receiving e-mail or other communications at any time. We provide an on-going opportunity to unsubscribe or opt-out of contact by us by accessing our web-site, or by e-mail to unsubscribe@●or by telephoning ●. Additionally, each e-mail includes an opt-out feature and instructions on how to un-subscribe if you do not wish to receive future e-mails from us for these purposes. If you opt out of receiving email from us, we will only contact you for the purposes allowed under applicable law and to send you notices of changes to our Privacy Policy. Otherwise, e-mail notices, newsletters and/or information on the website will be the primary methods by which we will communicate. We will send notices and any other pertinent information to you at the e-mail address you supply when you open your BILSI or Shipllama account or have subsequently updated. You can send notices or other communications to BILSI using the e-mail or live chat links on the “Contact Us” page.

(c) Termination. You acknowledge and agree that these Terms will remain in effect for so long as you use the Sites and Services. You agree that these Terms can only be terminated by you once you have stopped using the Sites and Services. BILSI reserves the right to terminate your use of the Sites and Services at any time, for any reason, with or without cause, if BILSI believes that you are violating these Terms in any way. BILSI also has the right, in its sole discretion, to remove any Submissions or other content of yours from the Sites. If you wish to terminate your account, you many choose to cease your use of the Sites and Services or to send BILSI notification by e-mail at •. BILSI will not be responsible for maintaining or returning Submissions or your password.

(d) Entire Terms. These Terms and any other legal notices, additional terms, policies and guidelines of BILSI linked to these Terms constitute the entire agreement between you and BILSI relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on the Sites.

(e) No Agency; Third Party Beneficiary. BILSI is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of BILSI, you, and relying Third Party Providers.

(f) Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

(g) Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

(h) No Waiver. BILSI will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by BILSI. No delay or omission by BILSI in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. BILSI’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of BILSI’s right to subsequently enforce such provision or any other provisions of these Terms.

(i) Headings. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms.

(j) Circumstances Beyond Our Control. BILSI is not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to: natural disasters or acts of God, for example fire, earthquake, hurricane, storm, flood, fog, embargo, war, riot, civil commotion or industrial action; epidemics or pandemics; power cuts, communications or other utility disruptions; governmental action or inaction; any defect or characteristic related to the nature of a shipment, even if known to BILSI; and damage to, or erasure of, electronic photographic images, data or recordings due to electrical or magnetic interference.

Last updated: December 15, 2014