Terms and Conditions
TERMS AND CONDITIONS
Effective Date: January 1 2018
By using the Services, you agree to these Terms. These Terms require any dispute or claim between you and SaskQuotes to be resolved through binding arbitration, on an individual basis and not in a class, consolidated or representative action or arbitration. These Terms also contain a disclaimer of warranties and a disclaimer of liability by SaskQuotes and a release and indemnification by you. Please read them carefully.
ACCEPTANCE OF TERMS
These Terms constitute a legally binding contract between SaskQuotes and you with respect to your use of the Services. By using or accessing the Services, including any SaskQuotes Property, you agree to be bound by these Terms. If you do not agree to the Terms, please do not use the Services. References to SaskQuotes in this Terms include SaskQuotes' Bidders, to the extent that those Bidders are acting for or on behalf of SaskQuotes.
Certain features of the SaskQuotes Properties or certain programs made available to you through the Services may be subject to additional terms or registration requirements. If you choose to use those features or participate in those programs, you agree to be bound by any such additional terms or requirements that are communicated to you, which will be deemed to be incorporated into and be part of these Terms.
Modifications to Terms
We may modify these Terms at any time, effective immediately, by posting a revised version. Your continued use of the Services after any such changes are made will constitute your agreement to those changes. You waive any right you may have to receive specific notice of such changes.
Consent to Terms
Use of the Services is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, use of the Services is not permitted by anyone under the age of 18 (or the age of majority in your jurisdiction, if different). If you do not qualify, please do not use the Website. If you are acting on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to these Terms, and references to "you" and "your" in these Terms will refer to both you and that entity. The Services are offered for use only to Users in Saskatchewan, Canada.
Quote Requests and Quotes
Upon registration with SaskQuotes, a Requester may submit a request to receive quotes for goods or services (a "Quote Request") from Bidders. After submission of a Quote Request, SaskQuotes will inform registered Bidders that match the services requested by Requester. A Bidder may submit a non-binding bid or estimate (a “Bid”) in response to a Quote Request. The Bidder and the Requester may then communicate through the SaskQuotes system about the Bid; for example, if either party would like more information or if the Bidder would like to schedule an onsite visit in order to provide a more accurate estimate or a final bid. If the Requester accepts the Bid through the Services and indicates that he or she would like an appointment with the Bidder, then SaskQuotes will provide the Requester’s contact information to the Bidder and the Requester and the Bidder can then communicate directly about the bid. The terms of the bid, including the price and schedule of work, is negotiated directly between the Requester and the Bidder. Any Bid provided through SaskQuotes is only a guide, is not a contractually binding offer, and is not a guarantee of the actual cost of a specific project. The rights of the Bidder and the Requester will be governed by the contract between them (if any) and by applicable federal, provincial and local laws.
If you use the Service, you consent to the following:
If you submit a Quote Request, you are requesting to be (and you expressly consent to be) contacted by SaskQuotes and the Bidder whose Bid you accepted.
If you are a Bidder using the Services, you are requesting to be (and you expressly consent to be) contacted by SaskQuotes and all Requesters.
You agree that you may be contacted by telephone, text (SMS) messaging, email, mail or other reasonable means at any of the phone numbers or addresses you provide, even if the numbers are listed on a "do not call" list. You agree that these communications may include prerecorded, artificially voiced or autodialed telemarketing messages.
You agree that these parties may contact you for purposes of providing the Services, marketing, servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services. Your consent to receive marketing communications is not required as a condition of purchasing any goods or services.
Communications between Users or between Users and SaskQuotes may be monitored and recorded for quality assurance and other reasons.
No SaskQuotes Liability for Users; No Guarantee
SaskQuotes acts only as a marketplace between Requesters and Bidders, and is not liable for any statement, act or failure to act of any User. By way of example and not limitation, we are not liable for any injury to any person or any damages to real or personal property caused by any Bidder or any Requester. Bidders are not SaskQuotes’s employees, contractors or agents, and we are not the agent of any Bidder. We do not sponsor, endorse, recommend or approve any Bidder. Although we try to confirm that Bidders meet certain requirements and provide them with the opportunity to provide information regarding their businesses in their profiles, we are not responsible for verifying that information or for ensuring that any Bidder is licensed, qualified, bonded or insured. We do not guarantee that any services will be satisfactorily performed or completed and we do not make any other guarantee, warranty or representation of any kind regarding any Bidder or any services, advice or information provided by Bidders. In addition, although we use our best efforts to find interested Bidders for each Quote Request, we do not guarantee that a Requester will receive Bids or other communications from any Bidder or that any Bidder is capable of and willing to perform the services. Similarly, SaskQuotes does not guarantee the results of any Services provided to Bidders, including the number or quality of potential Requesters with whom a Bidder will have contact, or whether Requesters will actually contract with the Bidder for a project. SaskQuotes makes in its sole discretion which notifications of Quote Requests to provide to Bidders, the recipients and timing of those notifications and all other determinations regarding the Services. SaskQuotes expressly disclaims any liability for (i) any action or inaction of any Requester, Bidder or other User or any third party, and (ii) any claim, demand, dispute or damage that may arise between Requesters, Bidders, other Users or any third party.
SaskQuotes Customer Service Representatives
SaskQuotes may provide Users with assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not be abusive, profane, sexist, racist or threatening or otherwise behave offensively or inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time inappropriate, we may immediately terminate the communication and we may suspend and/or terminate your account.
All fees and charges within the Services are denominated in CDN dollars unless otherwise specified.
Modification of Services
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services.
Security of Account
You are responsible for maintaining the confidentiality of your account password. You agree not to disclose your password to anyone and to notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them. You agree to notify us immediately of any unauthorized use of your account.
Through their use of the Services, Users may create an account and, if applicable, a Service Provider profile; post portfolio updates, opinions, testimonials, comments, suggestions, ideas, questions, photos, images and other information and content; and send messages, emails and otherwise communicate with SaskQuotes and other Users. All information and other content submitted, posted or communicated by Users on or through the SaskQuotes Properties or SaskQuotes systems in connection with the Services is referred to collectively as "User Content."
You may not post or submit any User Content (“Prohibited Content”) that:
- is false, inaccurate or misleading;
- is obscene, profane, threatening, harassing, defamatory, abusive, sexually or racially oriented, or otherwise injurious as determined by SaskQuotes;
- infringes or violates the intellectual property rights, publicity rights or rights of privacy of any person or entity;
- violates any law or regulation;
- directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services;
- engages in commercial solicitation or commercial activities without SaskQuotes’s prior written authorization (other than Bids, Bidder profiles, and offers expressly approved by SaskQuotes), including but not limited to advertising and barters;
- facilitates gambling, gaming, raffles, lotteries, sweepstakes, or any other activity featuring the award of a prize;
- contains political campaigning, chain letters, mass mailings, or "spam"; or
- contains software viruses or other malicious code.
By posting or submitting any User Content, you represent and warrant that the User Content is not Prohibited Content and that the User Content is accurate, current and truthful to the best of your knowledge. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public. We do not approve, control or endorse your or anyone else's User Content and have no obligation to do so. However, we reserve the right (but not the obligation) to review, refuse, remove, change or edit any User Content at any time, in our sole discretion.
License to User Content
By posting or submitting User Content, you grant, and you represent and warrant that you have the right to grant, to SaskQuotes and its affiliates and licensees, a non-exclusive, royalty-free, fully paid, sub-licensable, transferable, irrevocable and perpetual license to use, copy, publicly perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute, to prepare derivative works of or incorporate into other works, and exploit all copyrights, inventions, and other intellectual property rights in, that User Content throughout the world in any media. You grant SaskQuotes and sublicensees the right to use the name that you submit in connection with that User Content, if they choose. We will not pay you or otherwise compensate you for User Content. In the event that you provide SaskQuotes with any feedback or suggestions regarding the Services or any SaskQuotes Property (“Feedback”), SaskQuotes will have the right to use, disclose, reproduce, modify, license, distribute transfer and otherwise utilize the Feedback in any manner we deem appropriate, without compensation to you.
The SaskQuotes Properties may contain links to or information from other websites or resources. Such links and information are provided for your reference only. SaskQuotes has no control over those websites, resources and information and is not responsible for the content of or availability of those websites, resources or information. Reference to any third-party products, services or other information on the SaskQuotes Properties, or inclusion of links to a third-party website, does not imply any endorsement or recommendation by us or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor.
Liability for Content
The User submitting User Content is solely responsible for that User Content. SaskQuotes does not guarantee the accuracy, completeness, usefulness or reliability of any User Content and does not adopt, endorse or accept responsibility for any User Content. SaskQuotes takes no responsibility and assumes no liability for any User Content or any content of any third party and will not be responsible for any loss or damage resulting from your reliance on that content. SaskQuotes does not guarantee the accuracy, completeness, or usefulness of any User Content or other information on the SaskQuotes Properties or otherwise in the Services. Users are responsible for confirming the completeness and accuracy of any User Content or any information on the SaskQuotes Properties or otherwise in the Services and SaskQuotes is not responsible for any use thereof or reliance thereon. When we are notified or otherwise become aware of any inaccuracy of any information, we will use commercially reasonable efforts to promptly update that incorrect information.
LICENSE TO THE SERVICES; PERMITTED USE
Grant of Limited License
Subject to your compliance with these Terms, we grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only. If you are a Bidder, we also grant you, subject to your compliance with these Terms, as a Bidder acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information and services to Requesters as contemplated by the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
You agree will not do (or cause to be done) any of the following:
- access, download, monitor, or copy any content or information on the SaskQuotes Properties or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or otherwise obtain or attempt to obtain any content or information through any means that SaskQuotes does not intentionally made available through the SaskQuotes Properties and the Services. (General purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the SaskQuotes Properties are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file.); harvest information about Users from the SaskQuotes Properties or the Services; frame any part of the SaskQuotes Properties or the Services; use, or attempt to use, the SaskQuotes Properties or the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the SaskQuotes Properties, the Services, or any other systems to which they are connected); use or access the SaskQuotes Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm SaskQuotes, its service providers, suppliers, other Users or any other person; or engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the SaskQuotes Properties or the Services (except to the extent specifically permitted by applicable law).
Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from Canada or the country in which you reside.
TERMINATION OF ACCOUNT; REFUSAL OF SERVICE
Canceling Your Account
You may cancel your SaskQuotes account at any time and for any reason. To cancel your account, please send as email notice of termination to support@SaskQuotes.com. If you cancel your account, your account will be disabled within 14 days.
Suspension of Termination of Your Account; No Right to Services
We reserve the right to refuse service to anyone. We may, in our sole discretion, suspend or terminate the account of any Requester, Bidder or other User at any time and for any reason, modify or terminate any license to the Services, in whole or in part, or block or prevent any User’s future access to and use of the Services, at any time and for any reason (including but not limited to those specifically described in these Terms) with or without notice. SaskQuotes is not required to provide you notice prior to terminating your account and is not required to provide a reason for the termination of your account. All decisions regarding the suspension or termination of accounts will be made in SaskQuotes’s sole discretion. You and SaskQuotes will continue to be bound by these Terms even after your account is terminated.
Blocking of IP Addresses
In order to protect the integrity of the SaskQuotes Properties, SaskQuotes reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the SaskQuotes Properties.
INTELLECTUAL PROPERTY RIGHTS
Proprietary Rights. The SaskQuotes Properties contains the copyrighted material, trademarks, service marks, logos and other proprietary information and content of SaskQuotes and third parties. Nothing on the SaskQuotes Properties or otherwise in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any information or content displayed on the SaskQuotes Properties, except as expressly provided in these Terms, without the prior written permission of the respective owner.
SaskQuotes Intellectual Property
The Services, including all information and other materials, and the selection, arrangement and composition of that information on the SaskQuotes Properties and otherwise, are proprietary property of SaskQuotes, its suppliers, and licensors and are protected by Canada and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services.
Third-Party Intellectual Property
All non-SaskQuotes trademarks, product names and logos appearing on our Services are property of their respective owners.
If you believe that your work has been reproduced in connection with the Services in a way that constitutes copyright infringement, you may send written notice to SaskQuotes. Your notice must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located within the Services;
- information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
- a signed statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Notification should be submitted to:
c/o Sask360 Innovations Inc
112 - 116 Research Drive
Saskatoon, SK S7N 3R3
Your use of the Services is at your own risk. You release SaskQuotes, its affiliates and their respective officers, directors, employees, contractors, shareholders, agents, licensors, licensees, suppliers and other business partners (collectively, the “SaskQuotes Parties”) from any loss, liability, obligation, damages (actual, special or consequential) or costs (including but not limited to attorney's fees) (collectively, “Losses”) and any claim, dispute, demand, suit or proceeding (any of these, a “Claim”) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of or access to the Services or your interactions or transactions with Requesters, Bidders, other Users or third parties. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have in the Province of Saskatchewan or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
You agree to indemnify, defend and hold harmless the SaskQuotes Parties from any Losses or Claims based on, resulting from or arising out of your use of or access to the Services, your interactions or transactions with Requesters, Bidders, other Users or third parties, or any breach by you of these Terms. SaskQuotes reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with SaskQuotes in asserting any available defenses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
The SaskQuotes Properties and the Services are delivered on an "as-is" and "as-available" basis, without representations or warranties of any kind. To the fullest extent permitted by law, SaskQuotes disclaims all warranties, express or implied, with respect to the Services, including without limitation any warranties of merchantability, fitness for a particular purpose, accuracy, availability and non-infringement and any warranties arising by usage of trade, course of dealing, and course of performance. Without limiting the generality of the foregoing, SaskQuotes does not warrant that your use of or access to the Services will be error-free, secure or uninterrupted, or provide specific results.
Limitation of Liability
In no event will the SaskQuotes Parties be liable to you or any third party for cost of cover or any direct, indirect, punitive, incidental, special or consequential damages (including, without limitation, with respect to loss of data or loss of business) based on, arising out of or connected with your use of or access to the Services or your interactions or transactions with Requesters, Bidders, other Users or third parties, whether based on warranty, contract, tort, negligence, strict liability or otherwise, even if SaskQuotes was advised of the possibility of any such damages and even if such damages are reasonably foreseeable. In no event will the collective liability of the SaskQuotes Parties arising out of or connected with these Terms, the Services, or your interactions or transactions with Requesters, Bidders, other Users or third parties exceed the lesser of (a) the amount you paid to SaskQuotes for use of the applicable Services in the preceding twelve-month period or (b) if you have not had any payment obligations to SaskQuotes, ten dollars. This limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction. To the extent your province does not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you.
You agree that any dispute or claim arising out of or relating in any way to these Terms, your access to or use of the Services or any relationship between you and any SaskQuotes Party, including but not limited to the validity, applicability or interpretation of these Terms (any of these, a “Dispute”), will be resolved by binding arbitration rather than in court. The arbitration will follow the Saskatchewan Arbitration Act 1992. The arbitration will be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Saskatoon, SK. The decision of the arbitrator will be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Class Action Waiver
Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your continued access to or use of the Services signifies your explicit consent to this waiver.
If for any reason a Dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that the Dispute will be brought only in courts of competent jurisdiction located in Saskatoon, SK. You hereby submit to the personal jurisdiction and venue of such courts for any such Dispute and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such proceeding.
Notwithstanding anything to the contrary, you and SaskQuotes may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Time Limit on Disputes
Any Dispute must be brought within one (1) year from the date the cause of action arose. Disputes brought after that period will be VOID.
These Terms and any Dispute will be governed by the laws of Canada and the Province of Saskatchewan, without reference to its conflict of law provisions. Without limiting the jurisdiction of any other court, you irrevocably agree to the personal jurisdiction of the courts located within Saskatoon, SK for the purpose of entering judgments on arbitral awards. The rights and obligations of a Consumer and a Service Provider with respect to any agreement or other interaction between them will be governed by the terms of that agreement and by applicable federal, provincial, and local laws.
If SaskQuotes takes legal action against you as a result of your violation of these Terms, SaskQuotes will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of that action, in addition to any other relief granted to SaskQuotes.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms will remain in full force and effect.
These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with SaskQuotes's prior written consent, but may be assigned by SaskQuotes without restriction and without notice to you. Any attempted assignment in violation of the foregoing provision will be void. These Terms are binding on the parties and their successors and permitted assigns.
No waiver of any provision of these Terms will be deemed a further or continuing waiver of that term or any other term, and SaskQuotes's failure to assert any right or provision under these Terms will not constitute a waiver of that right or provision.
Third Party Beneficiaries
These Terms do not create any right of action on the part of any third party, except for the SaskQuotes Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.
If you have questions about these Terms, please contact us by email at support@SaskQuotes.com or in writing at:
c/o Sask360 Innovations Inc
112 - 116 Research Drive
Saskatoon, SK S7N 3R3