Terms and Conditions
Section 1: Definitions
For the purposes of theses terms and conditions, the following terms shall mean and be interpreted as follows:
Owner of the Portal: ConstructBuy which is the editing company and owner of the Services Portal " ConstructBuy.com", having its head office at 303 Pierre-Roux Est Blvd, #201 Victoriaville, Quebec, Canada G6T 1S9.
Services Portal: The Website "ConstructBuy.com" offers a Public Portal and Private Portals allowing its Users to benefit from the services designed to help project and orders management, with one or several Public Data search engines.
Public Portal: Section of the Services Portal where Public Data is available for every User.
Private Portal(s): Sections of the Services Portal accessible by logging in with a User Account, where Private Data are available for a single Organization Account.
Data: Public and Private Data available in the Services Portal.
Public Data: Data or electronic files available to every User of the Services Portal.
Private Data: Data or electronic files that Users have aggregated or received in their Private Portals.
Organization Account(s): Private Portal in the Website "ConstructBuy.com" including a variety of projects and Private Data of an individual or an organization, allowing to one or several Users to login with the authorization and the authentication code assigned by the Administrator of the said Private Portal.
User Account: Access right granted to an Organization Account identified and protected by an e-mail address and a password specific to a single User.
User(s): Any human being, body corporate or other using the services of the Services Portal including the Administrator(s).
Administrator(s): Any human being responsible of the configuration of access rights and of the activation of services related to an Organization Account. The Administrator must read the e-mails containing important information that the Portal Owner could send him, in a maximum of five (5) business days, or to transfer his responsibility to another human being "User", related to the same Organization Account, if she/he is not able to fulfill her/his duties as Administrator anymore.
Software Licence(s): Rights of use and access to the Services Portal for a single User.
Supplier(s): Any human being, body corporate or other, who provides services or retails materials, whose service prices or materials, and if applicable descriptions or graphic representations available on their Website, can be accessed through the search engine in the Services Portal.
Companies not registered: Any physical person, moral person or other who is listed in the Public Portal and who is not a User.
Section 2: Object
Every User specifically admits and recognizes having read and agreeing to the terms and conditions hereby and to comply in its use to the laws and regulations in force, either federal of provincial. The laws in force in the province of Quebec determine the use of the Services Portal.
The owner of the Portal reserves the right to amend, to his discretion and without notice, the terms and conditions hereby as well as the access to the Services Portal.
Section 3: Services of the Services Portal
The main purpose of the Services Portal is to allow every User to access, according to their status, either freely or for a fixed price, to services designed to help project and orders management in the construction field.
Users must use the Services Portal only to facilitate the preparation and management of their construction projects. The owner of the Portal reserves the right to close the Organization Account of the User at fault at any time and without notice.
The use of the search engine(s) available in the Services Portal must not be used, under any way or form, as a shopbot considered, in this case, as any Website offering comparison of products based on quality, quantity, price, etc. of the listed Suppliers.
The classification and the presentation of the research results are based on the pertinence of the criteria, codes and terms used for the research.
Section 4: Limitation of Liability
The owner of the Portal is not a contractor and does not offer any construction services. The owner of the Portal is not responsible of the plans and estimates stored on the Services Portal , nor of the compliance with the laws, regulations and standards, either federal, provincial, municipal or of any other jurisdiction, related to the construction field. The User is the only one responsible for his plans and estimates, but he must make sure they are in compliance with the laws, regulations and standards in force and that the service Suppliers listed in the Services Portal are also in compliance with the aforesaid laws, regulations and standards. Moreover, the Services Portal databases do not come from the Régie du bâtiment du Québec . It is the Users responsibility to check on the government Websites if the Suppliers have the proper licences to carry-out their projects.
The owner of the Portal does not make any commitment nor take any responsibility towards the User regarding on the accuracy, availability or completeness of the listed Data. All listed Data belong to each listed Supplier, who is the only one responsible for the accuracy, availability and completeness of the listed Data.
The owner of the Portal does not make any commitment and does not offer any guarantee to the User regarding conformity, quality, originality or concordance of Data with reality on any information and graphic representations whatsoever.
Upon being given notice, the owner of the Portal is committing to delete or remove from the Services Portal any information or representation that is out-dated, obsolete or against the laws and regulations in force.
Any User or person noticing information or representation(s) against the laws and regulations in force or that has not been updated is welcome to inform us by any means, including e-mail (info@ConstructBuy.com).
The owner of the Portal could not, for any motive whatsoever, answer or be held accountable for direct or indirect damages done by viruses or malicious programs coming from third parties to the User's technological infrastructure, software component, hardware, networking, databases, databanks or data warehouses after having visited the Services Portal.
The owner of the Portal does not make any commitment regarding the services availability, continuity and accessibility of the Services Portal, but commits to protect the User's Private Data, in compliance with the terms of Section 5.
Section 5: Software Licence Restrictions
The Software Licence is linked to only one User Account and limits the Services Portal access rights and use to a single User for the limited period of time indicated on the invoice of the aforesaid Software Licence; therefore, the User is not allowed to log in the Services Portal with an Account or an e-mail that has not been assigned to him.
Section 6: Ownership and Access to Portal User's Private Data
Unless there is a signed written agreement between the owner of the Portal and the User, the later remains the only owner and person responsible for the Private Data entered or received on his Private Portal. The owner of the Portal commits to maintain the access to the aforesaid Data for the User event if the User ends his paying subscription. If the Owner of the Portal is forced to put an end to the Services Portal accessibility, it commits to send an e-mail to inform all the Administrators to download their Private Data from their Organization Accounts in the data table of a spreadsheet program along with every files related to them within the maximum period of time mentioned in the aforesaid e-mail. No further notice will be sent.
Section 7: Confidentiality Responsibility of your Access to the Services Portal
In order to make easier the access to an Organization Account, the Services Portal allows you to save, with the authorization of the User, the name of your User Account on your computer in a cookie. Saving this information can be risky since a third party could have access to your Organization Account without your consent. It is therefore the User's responsibility to judge if he saves the information or not, if he keeps this cookie file, and to determine the importance of the confidentiality of the Organization Account data in order to choose between saving the cookie file or deleting it from his computer. The owner of the Portal does not take any responsibility in the event of Organization Account or User Account fraud.
Section 8: Privacy and Protection of Personal Information
The owner of the Portal does not make any commitment and does not offer any guarantee to the User regarding the confidentiality of his Private Data. These data are meant to be shared with the largest number of Suppliers in order to encourage service offers. No data, plan, estimate or any other document loaded on the Website is considered confidential. Moreover, the User agrees to share names, addresses and contact information to any Supplier who wishes to have access to this information.
The Services Portal uses Google Analytics in order to promote its performances for the User. Every User is informed that the owner of the Portal does do any kind of collection, processing or storage of personal information as defined by the Act on the respect of the protection of personal information in the private sector, Q.L.R., Chapter P-39-1.
Section 9: Free Services on the Services Portal
A minimum of services is offered for free to an Organization Account . As a result, a User must never sign up multiple times for the same organization, company, individual, corporation or moral person. The Owner of the Portal reserves the right to charge the free services to Users at any time and without notice. In that case, the User agrees to pay the services at the rate mentioned by the Services Portal.
Section 10: Free Services and Rate Imposition for the Services Portal
Section 11: Licence User's Location and Tax Application
Tax application on the Services Portal rates are based on the laws in force on the territory of the Portal owner's address as well as on the billing address linked to the Organization Account. As a result, all the Software licences linked to the account of an organization must be used within the same territory as the one of the billing address. If the licences must be used outside that territory, the Users will have to create another Organization Account with another billing address from the same territory where the licences of the second Organization Account will be used, and so on every time the tax application laws differ.
Section 12: Identity Protection
Section 13: Intellectual Property
The Services Portal as well as the entirety of its source codes are the property of the owner of the Portal, and are protected by the Copyright Act R.S.C., 1985, Chapter C-42, as well as the international conventions in force in Canada.
Therefore , the user renounces, under any circumstances, to reproduce, adapt, divulge, amend, decompile, rearrange or to do reverse engineering of the content of the Services Portal , its source codes and algorithms, except with express authority of the legal representative of the owner of the Portal.
However, the owner of the Portal does not claim, nor recognizes any intellectual property rights, either copyright, trademark, patent, engineering drawing or others, on information, graphic representation of any kind: pictures, drawings, codes and numeral, alphabetical or other texts, obtained and available after being submitted by the User of the Services Portal or that belong to Suppliers.
Section 14: Possibility for the Owner of the Portal to Close an Organization Account