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Dispute Resolution & Arbitration Policy

1. Agreement to Resolve Disputes

This Dispute Resolution & Arbitration Policy governs how disputes between you and 16847323 CANADA LIMITED operating as Eyemesto Shipping ("Eyemesto Shipping") will be handled. Both parties agree to attempt to resolve disputes informally before proceeding to formal dispute resolution.

2. Informal Resolution

Before initiating any formal proceeding, you agree to contact Eyemesto Shipping at legal@eyemestoshipping.com with a written description of your dispute. Eyemesto Shipping will attempt to resolve the matter within 30 days of receipt. If the dispute cannot be resolved informally, you may proceed to formal dispute resolution as outlined below.

3. Binding Arbitration

Except as set out in the "Exceptions to Arbitration" section, you agree that any dispute, claim, or controversy arising out of or relating to your use of the Eyemesto Shipping platform or these policies shall be resolved by final and binding arbitration, rather than in court, administered by a mutually agreed arbitration body in accordance with its applicable rules.

Arbitration will take place in Toronto, Ontario, Canada, unless otherwise agreed. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

4. Exceptions to Arbitration

The following disputes are not subject to binding arbitration:

  • Claims for injunctive or other equitable relief to protect intellectual property rights.
  • Small claims court matters within applicable jurisdictional limits.
  • Claims arising from fraud or willful misconduct.
  • Claims brought by regulatory authorities.

5. Class Action Waiver

YOU AND EYEMESTO SHIPPING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You may not consolidate your claim with those of others without the written consent of Eyemesto Shipping.

6. Governing Law

This policy and all disputes arising from it shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

7. Time Limitation

Any claim or dispute must be initiated within one (1) year after the event giving rise to the claim. Claims not initiated within this period are permanently barred.

8. Contact

Dispute resolution questions can be sent to legal@eyemestoshipping.com.