Acceptance of Terms & Conditions
It is important that you read all of these terms and conditions carefully. This agreement states the terms and conditions under which you may access and use this Website and the Service. By accessing or using the Service offered through this Website, you agree to and are bound by the terms and conditions as set out below. If you are dissatisfied with the terms, conditions, rules, policies, guidelines or practices of Ratetrades.ca or you do not agree to be bound by these terms and conditions, your sole and exclusive remedy is to discontinue using or accessing the Website and to not use or access the Service. Ratetrades.ca may revise this agreement at any time by updating this posting. Ratetrades.ca may, but shall not be obligated to, email Users with respect to any update or change to this agreement. Access and use of the Website or Service after such changes are posted will signify your agreement to the revised terms. You should periodically visit this page to review this agreement.
- "Company", "Ratetrades.ca" ("us", "we", "our" and "ours") means Ratetrades Inc. and its successors and assigns.
- "Consumers" means any person who submits or publishes a job on the Website for Trade Professionals to quote on.
- "Users", "You", means anyone making use of the Ratetrades.ca Services.
- "Service" means any procedure or service that is provided by Ratetrades.ca to Users, which includes, but is not limited to, information, services and products provided through the Website, or by telephone or email.
- "Trade Professionals", "Tradesmen" and "Tradespeople" means any User who registers on the Website for the purpose of receiving enquiries from customers regarding prospective work projects.
- "Trade Membership" means a Trade Professional(s) that has an active subscription to receive customer enquiries, within their defined working area and for their selected skills and trades.
- "Website" means the Ratetrades.ca website and all the pages, content and sub-domains contained therein.
Disclaimer of Warranties
The Website and all content is provided as is. By accessing and using the Website and Service, you acknowledge and agree that use of the Website and Service is entirely at your own risk. Ratetrades.ca makes no representations or warranties regarding the Website or Service, and the content, including, without limitation, no representation or warranty that (1) the Website and/or Service will be accurate, complete, reliable, suitable or timely; (2) that any content, including, without limitation, any information, data, software, product or service contained in or made available through the Website or Service will be of merchantable quality or fit for pa particular purpose; (3) that the operation of the Website and/or Service will be uninterrupted or error free; (4) that defects or errors in the Website and/or Service will be corrected; and (5) that communications from the Website will be secure or not interrupted.
The Website contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Ratetrades.ca of the contents of such third-party web sites. Ratetrades.ca is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While Ratetrades.ca encourages links to the Website, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Ratetrades.ca or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Ratetrades.ca reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of Ratetrades.ca.
Any consent by Rateterades.ca to, or waiver of, a breach of this agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this agreement or any right or obligation hereunder. If any term or provision of this agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This agreement is not intended to create a partnership, joint venture, or agency relationship between the parties or users who access or use the Website or Service. Except for any agreements with Ratetrades.ca that expressly reference this agreement, this is the entire agreement between you and Ratetrades.ca relating to the matters contained herein.
All materials displayed or otherwise accessible through the Website and/or Service, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, and are owned by Ratetrades.ca, its licensors or the party accredited as the provider of the Content. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website or Service. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR SERVICE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF RATETRADES.CA.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL RATETRADES.CA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR:
- ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF RATETRADES.CA KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES;
- DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF RATETRADES.CA HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND
- ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF RATETRADES.CA OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
RATETRADES.CA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR SERVICE, OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE OR SERVICE (COLLECTIVELY, A “THIRD-PARTY USER”). UNDER NO CIRCUMSTANCES SHALL RATETRADES.CA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEBSITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO OR FROM THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE RATETRADES.CA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR SERVICE, OR BY THIRD PARTIES THROUGH THE WEBSITE.
The names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of Ratetrades.ca or third parties. While certain trademarks of third parties may be used by Ratetrades.ca under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between Ratetrades.ca and the owner of said trademark or to imply that Ratetrades.ca endorses the wares, services or business of the owner of said trademark. Nothing contained on the Website should be construed as granting you any license or right to use any trademark logo or design of Ratetrades.ca or any third party, without the written permission of Ratetrades.ca or the respective owner of any third-party trademark.
Accuracy of Information
Ratetrades.ca cannot guarantee the accuracy of the information on the Website or Service, and shall not be liable for any loss or damage arising from errors in the content. The information contained on the Website and Service is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
In using the Services provided by Ratetrades.ca, you acknowledge that Ratetrades.ca is not acting as a contractor or agent and is not responsible for any work done. It is the responsibility of the Customer to select a suitable Trade Professional and to negotiate the terms for any work that they undertake, and Ratetrades.ca will not be involved with the agreement between you and a Trade Professional. Ratetrades.ca shall not be liable for any loss or damage resulting from any agreement between the Customer and Trade Professional.
The Website and Service may provide features that allow you to post messages and content, to interact with Ratetrades.ca, Trade Professionals, other Customers, and other users and to upload files, documents or other materials (collectively, “Submissions”). When using any of the features of the Website or Service which allow you to post, upload or make Submissions, it is a condition of your use that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Website and Service, interfere or attempt to interfere with the proper workings of the Website or Service, or do anything which in the sole discretion of Ratetrades.ca imposes an unreasonable or disproportionately large load on the Ratetrades.ca website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; or (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam.
By posting or uploading Submissions to the Web site, you grant Ratetrades.ca a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of Ratetrades.ca; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that Ratetrades.ca is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Web site will be considered non-confidential.
Ratetrades.ca is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Ratetrades.ca.
While Ratetrades.ca is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Website and terminating the submitting party's right to access and use the Website and Service (or any portion thereof).
To use certain features of the Website or Service, you may also need a username and password, which you will receive through a registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Ratetrades.ca immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session in which you access the Website or Service. Ratetrades.ca cannot, and will not, be liable for any loss or damage arising from Ratetrades.ca’s failure or your failure to protect your password or account information.
Dealings with Third Parties
Your interactions with organisations and/or individuals found on or through the Website or Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You agree that Ratetrades.ca shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that Ratetrades.ca is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release Ratetrades.ca, its officers, employees, agents successors and assigns from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
Payment Terms & Refunds
The annual membership fee for the Service is non-refundable except as expressly set forth below. Your membership will automatically renew unless your account information is updated to not renew automatically. You can cancel your membership at any time and any content or listings made by you or on your behalf shall be removed from the Website.
YOUR MEMBERSHIP WILL RENEW FOR ANOTHER YEAR AUTOMATICALLY AT THE END OF EACH MEMBERSHIP YEAR. UNLESS YOU UPDATE YOUR ACCOUNT SETTINGS OR OTHERWISE NOTIFY RATETRADES.CA THAT YOU WANT TO CANCEL YOUR MEMBERSHIP OR OTHERWISE NOT RENEW, YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP FEE WILL AUTOMATICALLY BE CHARGED (WITHOUT FURTHER NOTICE TO YOU) TO THE METHOD OF PAYMENT WE HAVE ON FILE FOR YOU.
Ratetrades.ca reserves the right to charge a reference fee for contacting any references provided by Trade Professionals. This fee is charged for the effort made by Ratetrades.ca in contacting the references, and is not dependent on the content of any feedback arising from the reference. Reference requests must be paid for in advance. Refunds will not be given after Ratetrades.ca has attempted to contact the reference. The contact information provided to Ratetrades.ca will not be displayed on the Website or used for marketing purposes. It is your responsibility to ensure that you have the referee's permission to give their contact information to Ratetrades.ca for reference purposes. Ratetrades.ca shall not be held liable for any loss or damage resulting to you by providing the referee’s contact information to Ratetrades.ca and you shall indemnify and hold Ratetrades.ca harmless from any loss, damage or claim that may arise as a result thereof. It the sole discretion of Ratetrades.ca as to whether comments from any referee will be posted.
From time to time Ratetrades.ca may change its fees and prices. Ratetrades.ca shall provide seven (7) days notice of a pricing change. If you do not cancel your membership before your scheduled renewal, you will have been deemed to have agreed to the new price.
Removal or lack of feedback does not alter the obligation on the Trade Professional to pay any associated success fee.
You acknowledge that Ratetrades.ca may establish limits concerning use of the Website, including but not limited to the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You agree that Ratetrades.ca has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that Ratetrades.ca reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that Ratetrades.ca shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services. You agree that Ratetrades.ca shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.
You agree that Ratetrades.ca, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the Website or Service, immediately and without notice, and remove and discard any content within the Website or Service, for any reason, including, without limitation, if Ratetrades.ca believes that you have acted inconsistently with the letter or spirit of the terms of this agreement. Further, you agree that Ratetrades.ca shall not be liable to you or any third-party for any termination or restriction of your access to the Website or Service. You agree not to attempt to use the Website or Service after any termination as provided herein.
Governing Law and Jurisdiction
The Website (excluding linked web sites) is controlled by Ratetrades.ca from its offices within the Province of Manitoba, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Servjce shall be governed by the laws of the Province of Manitoba and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Manitoba with respect to such matters.