Terms of Service

SECTION I – OVERVIEW

This website (hereafter this “Website”) is operated by Procurement Alliance of Canada Inc. (“PAC”). Throughout the site, the terms “we”, “us” and “our” refer to PAC. PAC offers this Website, including all information, tools and services available from this Website to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here. Your access to and use of any material on the PAC constitutes your acceptance of, and is conditional upon your acceptance of and compliance with, the following provisions.

By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, members, vendors, customers, merchants, and/ or contributors of content.

By accessing or using any part of our website, you agree to be bound by these Terms of Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

SECTION II – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect their interpretation

SECTION III – REGISTRATION

You may access areas of the Website that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account. By registering on the Website, you agree that:

(i) your account and password are personal to you and may not be used by anyone else to access the Website;

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Website; and

(iii) you will not create registration accounts for the purpose of abusing the functionality of the Website, or other users; nor will you seek to pass yourself off as another user.

SECTION IV – WARRANTIES

While PAC has made every effort to ensure the accuracy of materials and content available through this Website are accurate, it makes no guarantees or warranties with respect to the accuracy, currency or completeness of content shared on its website(s); that this Website will be available without interruption, error or omission; that inaccuracies will be corrected; or that this Website and the server(s) that make it available are free from viruses or other harmful components; and PAC hereby disclaims any implied warranties of merchantability and fitness for a particular purpose.

SECTION V – THIRD-PARTY CONTENT

Certain content, products and services available via this Website will include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION VI – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or if you send, without a request from us, creative ideas, suggestions, proposals, photographs, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments and we may, without limitation, reproduce on this Website any comments you make through social media.

We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION VII – IRREVOCABLE AND PERPETUAL LICENSE

Should you submit any materials to PAC via electronic mail, through or to the Website, or otherwise, whether as feedback, data, questions, comments, ideas, concepts, techniques, survey responses, suggestions or the like, you agree that such submissions are unrestricted and shall be deemed non-confidential upon submission.  You grant to PAC and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, commercialize, display and perform such submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, and we retain the absolute and unfettered discretion to provide any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you agree, represent and warrant that all moral rights in the submissions are waived in favour of PAC and its successors, assigns and licensees.

SECTION VIII – PERSONAL INFORMATION

Please refer to our Corporate Policy on Personal Information

SECTION IX – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right to add, delete or amend these Terms of Service, at our sole discretion, without any notice or liability to you, by posting revised Terms of Service on our website.  It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION X – AUTHORITY TO PROVIDE CONTENT

If you are using the Website on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you may not use this Website.

SECTION XI – USE OF SITE AND OWNERSHIP

This Website, its design, all text, graphics, content, video, audio, and the selection and arrangement thereof are the property of PAC, and are protected under the copyright laws of Canada. None of the content found on www.procurementalliance.ca may be reproduced, republished, distributed, displayed, sold, transferred, or modified without our express written permission.

“Procurement Alliance of Canada Inc.” related trademarks and design marks displayed on www.procurementalliance.ca or any other medium (collectively, the “Trademarks”) are trademarks of PAC. Nothing contained on our website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with our express written permission or the permission of a third party that may own the applicable trademarks.

SECTION XII – LIMITATION OF LIABILITY

You acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, in no event will PAC or its affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, be liable to you or any other party for any direct or indirect loss, damage, cost, expense or liability of any kind (“loss”) arising in any way out of or in connection with the availability, use, reliance on, or inability to use the Website, including (without limitation): (i) damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data, loss of use of data, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or loss of anticipated savings or benefits; (ii) any indirect, special, exemplary, punitive, incidental or consequential loss; or (iii) any loss attributable to errors, omissions, or other inaccuracies in the Website. The exclusion of liability in this Section XII applies even if PAC shall have been advised of the possibility of such loss.

SECTION XIII – SAVE HARMLESS

You agree to indemnify, defend and hold harmless PAC and our affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION XIV – GOVERNING LAW

These Terms of Service, including all matters relating to the validity, construction, performance, and enforcement thereof, shall be governed by the laws of the Province of Ontario, without regard to the rules governing conflicts of laws. Without limiting the foregoing, you and we irrevocably and unconditionally agree that any suit, action, or other legal proceeding arising out of or relating to these Terms of Service or any transaction hereunder must be brought before the courts of the Province of Ontario, Canada, in the City of Ottawa, Ontario and you: (a) consent to the exclusive jurisdiction of such courts in any such suit, action or proceeding; (b) waive any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and (c) waive any right that you may have to assert the defence of forum non conveniens in any such suit, action or proceeding.

SECTION XV – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

SECTION XVI – TERMINATION

If you no longer wish to have a registered account, you may terminate your account by sending an email to info@procurementalliance.ca.

If, for any reason, we believe that you have not complied with these Terms of Service, we may, at our sole discretion, cancel your access to the MEMBERS ONLY areas of the Website immediately and without prior notice.

SECTION XVII – COPYRIGHT

Copyright © 2019, Procurement Alliance of Canada Inc. All rights reserved.

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