Website Terms of Use

Acceptance of the Terms of Use

Welcome to Snap Admail, a direct mail solution provided by Canada Post Corporation (“Canada Post”) and powered by Taradel Canada, Inc. (“Taradel”) at www.canadapost.ca/sam (the “Website”). The following terms and conditions (“Terms of Use”), together with Taradel’s privacy policy, available at http://www.canadapost.ca/sam/privacy-policy, and Canada Post’s general privacy policy, available at www.canadapost.ca/privacy (collectively, the “Privacy Policy”), govern your access to and use of the Website and related services, including any content, functionality and services offered on or through the Website (collectively, the “Services”), whether you are a guest or a registered user. Please note that these Terms of Use contain disclaimers and limitations on our liability to you.

In these Terms of Use, references to “we”, “our” or “us” mean Canada Post and Taradel and their respective directors, officers, agents, employees, contractors, shareholders, affiliates, subsidiaries, licensors, suppliers and representatives, and references to “you” or “your” mean you as the Website user and, if applicable, the legal entity that you represent in using the Website. 

Please read the Terms of Use and the Privacy Policy carefully before you start to use the Website.  By using the Website and Services and/or clicking to accept the Terms of Use when this option is made available to you on the Website, you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or the Services and you should cancel any open orders immediately. 

The general "Canada Post Website Terms of Use” found at www.canadapost.ca apply to your use of the Website and Services and are incorporated into these terms of use by reference, as do the terms of the “Canada Post Neighbourhood Mail Customer Guide” found at www.canadapost.ca/tools/pg/serviceover view/cpnmguides-e.asp.

SELECTING "AGREE AND CONTINUE" WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS OF USE TO USE THE WEBSITE.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes will be effective immediately once posted, and will apply to all access to and use of the Website and Services thereafter. Your continued use of the Website and Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Storage and Privacy of Information

The Website is hosted and maintained by Taradel, an independent contractor of Canada Post. By using the Website, you acknowledge and agree that your personal information and all other data may be stored outside of Canada, including in the United States; however, regardless of the location of such data storage, your information shall be stored in accordance with the Privacy Policy and applicable privacy laws.  

You acknowledge that Taradel's responsibility is limited to providing Website customer service, preparing mail pieces and completing delivery to Canada Post for further distribution. You further acknowledge that Taradel does not assume any liability for the activities of Canada Post, including any performance failures or delivery delays.

Direct Mail Services

Through the Website, you have the ability to configure, order and ship direct mail materials to your customers. However, direct mail comes with risk and we do not guarantee results from a direct mail campaign. 

Intellectual Property

All right, title and interest in and to all data offered to you via the Website is owned by Canada Post and/or Taradel and their respective licensors. Nothing in these Terms of Use gives you the right to use Canada Post’s or Taradel's name, logos or trademarks in any way.

If you are a mailer, you may use the data available via the Website for your internal business intelligence and the marketing and targeting of your commercial products including the planning, managing and ordering of mailing campaigns. For greater certainty, data and derivative files may not be used for any other purpose, including but not limited to, as a component of any product or service. You agree not to disclose or make available any data or derivative files to any third party, permit any third party to use any data or derivative file, or use any data or derivative file on behalf of any third party. Notwithstanding the above, you may provide the data and derivative files to your contractors for the purposes set out above. You remain responsible for ensuring that such contractors comply with these terms of use.

If you are a mail service provider, you may use the data available via the Website for the sole purpose of assisting your customers with the planning, managing and ordering of mailing campaigns. You may create derivative files using all or a portion of the data available via the Website for this purpose only. For greater certainty, data and derivative files may not be used for any other purpose. You agree not to disclose or make available any data or derivative file to any party other than the customer for whom you obtained the data. You agree not to permit any party other than the customer for whom you obtained the data to use any data or derivative files, and you agree not to use the data or derivative files on behalf of any party other than the customer for whom you obtained the data.

You are licensed to use the data for the purposes set out above only during the time period indicated on the data, or if no date is indicated on the data, 30 days from the date the data was obtained by you from the Website. On the expiry of the time period noted above, you shall cease to use the data and derivative files for all purposes and destroy all data and derivative files that are in your possession and you will have no further right to use or possess the data or the derivative files.

Restrictions on User Material; Indemnification

In using the Services, you agree not to order for print, upload, download, post, e-mail or otherwise transmit or communicate any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Website or otherwise (“User Material”) that constitutes:

• an unlawful purpose or that is obscene, offensive, cruel, pornographic, sexually suggestive, deceptive, profane, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, patently offensive, defamatory, libelous, vulgar, violent, discriminatory (for example, based on race, colour, religion, gender, sexual orientation, age, national origin, ancestry, or physical/mental ability), negatively pertaining to any particular individual or otherwise objectionable, or that advocates any of the aforementioned impermissible messaging; further, you understand and agree that any material that we deem in our sole discretion to fall into any of the above descriptions will be rejected;
• any material that depicts celebrities or celebrity likenesses; local, regional, national or international public figures or newsworthy, notorious or infamous images and individuals;
• any material that the customer does not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes or may infringe or misappropriates or may misappropriate any copyright, trademark, publicity, privacy, patent or other intellectual property right or any moral right of any person or entity; or
• any material which is likely to cause harm to the Website, any system that runs or is connected to the Website or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Website or any system that runs or is connected to the Website or which may cause any defect, error, malfunction or corruption to the Services.

You agree that you are solely responsible for confirming that any User Material for which you submit an order may be legally possessed and used in the province, state or territory where you reside or where you intend to use the User Material and that any individuals whose images you have included in the User Material have given their permission for such use and that all such User Material meets all of the requirements set forth in this Agreement. Your submission of purchase instructions for a product or service shall constitute your representation and warranty to us that the User Material meets these requirements. We shall have the right, but not the obligation, to review the User Material you submit to determine its suitability for the Services and compliance with these Terms of Use.

In addition, in the event you violate these restrictions on User Material and you publicize such violation, you acknowledge that we will suffer substantial damage to their respective reputations and goodwill and that you will be liable for any resulting damage, including consequential and indirect damages and that we shall be entitled to injunctive relief. You further agree to indemnify, defend and hold each of Canada Post and Taradel and their respective officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs and expenses (including  legal fees on a substantial indemnity basis) that arise directly or indirectly from: (a) your breach of any provision of the Terms of Use; (b) any and all materials you provide constituting infringing materials; or (c) any of your activities conducted in connection with the Services and/or the Website.

Accessing the Website and Account Security

We reserve the right to withdraw or modify the Website and any service or material provided on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you and other users, including registered users.
You are responsible for:

• making all arrangements necessary for you to have access to the Website; and
• ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by the Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. We cannot be responsible for any use of the Website by a person purporting to be you.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Terms of Sale

Except as expressly provided otherwise, all Website sales are FINAL. 

No refunds are available on orders unless art files have NOT been uploaded to the Website, submitted to customer service or sent to press. On jobs that meet the above criteria, you must contact Taradel within 30 days to request a refund. Any refund requests approved after 30 days will be issued as a credit toward the next order.

All refunds are subject to a 5% processing fee, which will be deducted from the amount of the credit applicable to your next order.

You acknowledge that Taradel may place and print a small code on a customer's print piece to help ensure accurate processing.

If a direct mail balance payment declines and is unable to be processed within 3 business days of your mail drop date, your pieces will be held and re-prepped for the next available drop date once your payment clears. A $25 per thousand pieces re-prep fee will be charged.

We cannot take responsibility for typing, image quality, or design errors on user-submitted artwork and have no obligation to inform you if it notices any such errors.

Taradel guarantees prints will not be defective in accordance with general print industry standards. If a print is found to be defective, then you may contact a Snap Admail representative IN WRITING via email addressed to admin@snapadmail.canadapost.ca within 6 business days of receiving your order for a reprint or other compensation. Samples of the defective merchandise must be provided to Taradel prior to any resolution. If the product is deemed defective, Taradel will provide compensation within thirty (30) days.

All deposits received become non-refundable 90 days after receipt and will be deemed to have been earned by us.

Gang Run Printing

Taradel uses gang run printing. A gang-run is the method of producing print jobs for clients that lowers costs by printing several print jobs together on the same print run, thus spreading the cost of the printing amongst all jobs on the form. All gang run printing is subject to a 10% colour variance. This is a standard commercial printing variance and meets customer satisfaction requirements for 99% of the work we run here at Taradel. HOWEVER, if a job is colour critical, then the necessary attention it needs cannot be attained in a gang-run format. Therefore, the job must be printed by itself without the discounted price of gang-run printing. Color critical jobs require a dedicated run where the press is calibrated specifically to that run and job rather than a gang-run with other print jobs.

Disclaimer of Warranty

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE ARE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, WE PROVIDE THE WEBSITE, AND ANY CONTENT PUBLISHED THEREIN, ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANADA POST AND TARADEL, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS AND OTHER PARTNERS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF DATA OR CONTENT, DATA OR CONTENT SECURITY, AND ADEQUACY FOR ANY PARTICULAR USE, FUNCTIONALITY OR PRODUCTIVENESS, REGARDING THE WEBSITE, ITS CONTENT, OR ANY THIRD PARTY WEB SITES (AND THEIR RESPECTIVE CONTENT) LINKED TO THE WEBSITE. NOTHING IN THESE TERMS OF USE WILL IMPLY THAT ANY COMMUNICATIONS PROVIDED TO OR THROUGH THE WEBSITE OR THIRD PARTY WEB SITES (THROUGH LINKS PROVIDED THROUGH THE WEBSITE), WILL BE ACCURATE OR SECURE, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME OR AT ALL. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE WEBSITE, RESULTS OBTAINED, AND PERFORMANCE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS OF USE.

WE DO NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE WEBSITE BY ANY THIRD PARTY, INCUDING WITHOUT LIMITATION, ANY THIRD PARTY LICENSORS OR REGISTERED AND NON-REGISTERED USERS OF THE WEBSITE.

Limitation of Liability

IN NO EVENT SHALL CANADA POST OR TARADEL, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANADA POST AND TARADEL AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO THE WEBSITE OR TO PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE WEBSITE OR YOUR ACCESS TO THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEB SITE LINKED THROUGH THE WEBSITE, ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TARADEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE MAXIMUM LIABILITY OF TARADEL TO YOU IS LIMITED TO THE AMOUNT YOU HAVE PAID TARADEL FOR THE SPECIFIC SERVICES IN RESPECT OF WHICH YOU HAVE A CLAIM AGAINST TARADEL.
YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS WEBSITE AND YOU ACKNOWLEDGE THAT NEITHER CANADA POST NOR TARADEL SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE WEBSITE, OR COMMUNICATIONS TRANSMITTED, DISTRIBUTED, POSTED, OR OTHERWISE MADE AVAILABLE TO OR THROUGH THE WEBSITE, FOR ANY REASON WHATSOEVER.

IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR ANY CONTENT PROVIDED THROUGH THE WEBSITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE, CONTENT AND SERVICES.

Termination

These Terms of Use are effective until terminated by us, which we may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access the Website or use the Website. The applicable restrictions imposed on you with respect to material downloaded from the Website, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive such termination.

Governing Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada, without giving effect to any principles or conflicts of law. Any claim, cause of action or proceeding arising from these Terms of Use or the conduct of the parties hereunder shall be commenced and maintained solely in the courts of the City of Toronto in the Province of Ontario and the applicable appellate courts.  You acknowledge that these Terms of Use and the documents incorporated herein by reference set out the entire agreement between you and Canada Post, and the other Service Providers, with respect to the Website and the Services. 

Contact Information

Should you have any questions concerning these Terms of Use, or the Privacy Policy, you may contact us at admin@snapadmail.canadapost.ca or privacy@canadapost.ca.

Notification of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, you may notify Taradel’s Copyright Agent, Tom McNally, to receive notifications of claimed infringement at admin@taradel.com. Any personal information you provide in your notice will be used only for purposes related to your notice.

Miscellaneous

These Terms of Use (together with the Privacy Policy) and any updates, modifications or amendments to these Terms of Use or the Privacy Policy, as well as any other legal notices provided or displayed through the Website, shall constitute the entire agreement between us and you regarding your use of the Website.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any failure by us to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of such party’s rights or remedies, which shall remain available to such party.

The rights granted to you under these Terms of Use may not be assigned to any third-party without the prior written consent of Canada Post, in its sole discretion. If you are accepting these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to accept these Terms of Use and to bind your company or other legal entity to these Terms of Use. These Terms of Use shall be binding upon you, your successors and approved assignees.