Last Modified: January 1, 2023
Depending on your location, some of these Jurisdiction-Specific Terms will apply to you. They form part of the Maropost Customer Terms of Service and are hereby incorporated therein.
We periodically update this page by posting a revised copy at https://legal.Maropost.com/jurisdiction-specific-terms, so please check back here for current information. If you’re looking for definitions of the terms used here, you can find them in the General Terms available at https://legal.Maropost.com/terms-of-service.
1. Contracting Entity; Applicable Law; Notice
1.1 Your accounts physical address will determine (a) the Maropost entity entering into this Agreement, (b) the address to which you should direct notices under this Agreement, (c) the law that will apply in any dispute or lawsuit arising out of or in connection with this Agreement, and (d) the courts that have jurisdiction over any such dispute or lawsuit, as set out in the table below. For this agreement, ‘Customer Location’ means your shipping or physical address.
|Maropost Contracting Entity
|Address for Notices
|Governing Law (without reference to conflicts of laws) and Jurisdiction
|The World, except in Sweden and Australia
|180 University Avenue-, Suite 5002, Toronto, Ontario M5H 0A2
|Laws of Ontario, Canada with exclusive jurisdiction in the Toronto Courts of the Superior Court of Justice Ontario
|Laws of the Republic of Sweden with exclusive jurisdiction of the courts of Sweden
|Maropost Australia PTY LTD
|Laws of the state of Queensland, Australia
If you are located in a geographic region that does not fall into one of the designations described in the table above, or if you use only the Free Services, then you are contracting with Maropost Marketing Cloud Inc.
If you are contracting with Maropost Marketing Cloud Inc. then the following provisions apply to you. In the event of a conflict between the terms of this section and the terms otherwise set forth in this Agreement, the terms of this section will control.
a. Compliance with Laws. The first sentence in the ‘Compliance with Laws’ section of the General Terms is replaced with the following: “We will comply with all Canadian federal and provincial laws (where applicable) in our provision of Subscription Service, the Consulting Services and our processing of Customer Data.”
In addition to the requirements in the ‘Compliance with Laws’ section of the General Terms, you will also comply with the sanctions programs administered by the Trade Controls Bureau of Global Affairs Canada, including compliance with the Export and Import Permits Act (Canada) , the United Nations Act (Canada), the Special Economic Measurers Act (Canada), and the Justice for Victims of Corrupt Foreign Officials Act (Canada).
b. Contract for Services. This Agreement is a contract for the provision of services and not a contract for the sale of goods.
c. English Version. The parties have expressly required that the present Agreement and any other contract, document or notice relating thereto be drafted in the English language.
If you are contracting with Maropost AB then the following provisions apply to you. In the event of a conflict between the terms in this Europe section and the terms otherwise set forth in this Agreement, the terms of this ‘Europe section will control.
The following section is added as new clause 10.2A to the ‘DISCLAIMERS; LIMITATION OF LIABILITY section of the Agreement: Liability which cannot legally be limited. Nothing in this Agreement limits or excludes any liability which cannot legally be limited or excluded, including but not limited to liability for: (i) death or personal injury caused by negligence; and (ii) fraud or fraudulent misrepresentation.
The following section is added as new clause 11.5A to the “Compliance with Laws” section of the Agreement. The first sentence in the ‘Compliance with Laws’ section of the General Terms is replaced with the following: “We will comply with all E.U. regulations (where applicable) in our provision of the Subscription Service, the Consulting Services and our processing of Customer Data.”