1. Terms of Use
Please carefully read these Terms of Use (the “Terms”). By using this website (the “Site”), you are agreeing to be bound by these Terms.
For purposes of these Terms, all reference to “CCC” shall mean the Canadian Commercial Corporation.
For purposes of these Terms, all references to “you” or “your” shall mean you, the individual, organization or corporation accessing this Site.
You agree that you are permitted to use the Site under applicable law. If you are using the Site on behalf of a corporation, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and “you” or “your” means that entity.
2. Use of Site
You are not permitted to use the Site or its content other than for its intended use (the “Services”).
The Site contains links to other websites on the Internet which are owned and/or operated by third-parties (the “External Sites”). You acknowledge that CCC is not responsible or liable for any such third-parties or for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
The External Sites may present you with a privacy policy or require you to accept their terms before you use the External Sites. You should review the third-party terms and privacy policies before using the External Sites. Any third-party terms do not modify any of these Terms.
CCC may make available certain bids, advertising, tender opportunities, and other tender related content, including links to External Sites (“Bid Listings”), through the Site’s search results or otherwise through the Site. Bid Listings are created and provided by third-parties over whom CCC exercises no control; you acknowledge and understand that CCC has no control over the content of Bid Listings, links to or from Bid Listings, or any conditions third-parties might impose once you have submitted an application related to a Bid Listing or left the Site. For example, some of these third-parties may attempt to charge you a fee to access or apply to a Bid Listing. If you leave the Site and choose to enter External Sites, you accept any terms and conditions imposed by that third-party. Except for certain featured Bid Listings, the Bid Listings contained on, or linked from, the Site are indexed or posted in an automated, random manner. CCC does not warrant nor does CCC have any obligation to review or confirm the legitimacy of any Bid Listing, or to include any Bid Listing in the Site’s search results or other listings, and may exclude or remove any Bid Listing from the Site for any or no reason.
CCC cannot confirm the accuracy or completeness of any Bid Listing or other information submitted or provided by any third-party or other user, including the identity of such third-party or other user or the content of External Sites. You are solely responsible for verifying the accuracy of any Bid Listing or External Site.
Additionally, CCC may provide search options to assist with locating Bid Listings such as search results by industry (i.e. defence), and such categories are created by CCC, and may not directly or accurately reflect the content of the Bid Listing.
CCC provides no warranties and assumes no responsibility, and disclaims all liability for the content, validity, accuracy, completeness, legality, reliability, or availability of any Bid Listing, content on External Sites or any other information found on the Site. It is your responsibility to verify the validity of the Bid Listing and External Site.
At CCC’s sole discretion, CCC may terminate or refuse to permit the use of any Services and this Site by you or any person or entity, for any reason and without notice.
In using this Site and its information and Services, you shall not:
- interfere with or disrupt this Site or computer networks connected thereto;
- impersonate any other person or entity, or make any misrepresentation;
- upload, post, transmit, publish, or distribute any material or information, for which you do not have all necessary rights and licenses;
- upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of this Site;
- use this Site in such a manner as to gain unauthorized entry or access to the computer systems of networks of others or attempt to gain unauthorized entry or access to any password protected or restricted areas of this Site, or CCC’s computer or network systems;
- reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes any material, information, product or Service offered within this Site;
- violate any law or regulation, or any generally accepted Internet practice or interfere with any other user’s ability to use this Site and any of the Services or products provided on this Site;
- reformat or frame any portion of the web pages that are part of the Site without CCC’s explicit written permission.
- forge, alter or modify in any way any of the agreements, policies, information, reports, Bid Listings or any other material posted or accessible within this Site.
3. Security
CCC’s computer system uses software to monitor unauthorized attempts to upload or change information, or damage the service CCC provides.
4. Information and Services
All information on this Site is for information purposes only and is not intended to provide any specific advice. While CCC makes reasonable efforts to ensure the information and Services contained on this Site are accurate at the time of being placed on the Site, CCC cannot guarantee that all information will be accurate or current at all times. Users should not act or rely on the information or Services contained on this Site without seeking advice.
The information on the Site may be translated into English or French through automatic means. While CCC makes reasonable efforts to ensure the information is translated accurately, CCC cannot guarantee that all information has been translated accurately.
If users choose to access the Site from outside Canada, they do so on their own initiative and are responsible to comply by applicable local, national and international laws.
When you view, send, store or receive materials (including Bid Listings, profiles and messages) through or using the Site, CCC may, for example, use such materials for data analysis, quality control, or to refine the Site or any other CCC website or product or service (including but not limited to improving the Services, providing better search results and other Bid Listings), whether via automated means or otherwise.
Unless otherwise expressly stated, CCC does not promise to provide you with any support for the Services. If CCC provides you with support, it is at our sole discretion and does not mean that CCC will continue to provide you with support in the future.
5. Privacy and confidentiality
CCC is committed to take all reasonable measures to protect the privacy of users, with respect to the personal information they provide, by adhering to its online privacy policy. It is understood that access to or use of the Site is at your own risk.
Internet e-mail is vulnerable to interception and loss. CCC will not be responsible for damages you may suffer in connection with an e-mail correspondence between you and CCC. Should you decide to transmit information using Internet e-mail, you do so at your own risk.
6. Languages
You should be aware that some information on External Sites to which this Site links is available only in the language in which it was provided.
7. Feedback
You agree that any recommendation, idea, proposal, suggestion, feedback or other input (the “Feedback”) you submit to CCC or is solicited by CCC related to the Site, Services, or technology may be used by CCC without any notice, obligation, restriction, reimbursement or compensation to you and you waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any Feedback.
8. General Terms – Legal
Termination
Using or providing a fictitious name or contact information in connection with the Site is grounds for immediate termination of the Services and use of the Site.
Your use of the Site may be terminated at any time, without notice to you, at the sole discretion of CCC.
Anti-Corruption
You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms, use of the Site and Bid Listings. You warrant that no bribe, gift or other inducement has been paid, promised or offered to any official or employee of CCC or Her Majesty in right of Canada for, or with a view to, using the Services or the Site. You warrant that you have not contravened and will not contravene the Corruption of Foreign Public Officials Act (S.C. 1998, c. 34) in relation to any Bid Listing or the use, or in connection with the use, of this Site.
Export Controls
You agree to comply with all export control laws and regulations of Canada and trade controls of other applicable countries.
Warranties
To the fullest extent permitted by applicable law, CCC, and its officers, directors, employees, contractors, and agents (collectively the “CCC Entities”) do not make any representations, promises, or warranties, express or implied, about the Services and Site. The Services and Site are provided “as-is,” “with all faults,” and “as available.” Your use of the Services and Site, including Bid Listings and other content within the Services and Site, is at your own risk and CCC does not represent, promise, or warrant that the Services or Site will be uninterrupted, timely, secure, or error-free. You understand and agree that no data transmission over the Internet or information storage technology can be guaranteed to be secure, and CCC expressly disclaim any warranties, express or implied, to that effect. CCC makes no commitments, promises or warranties about the content within the Services or Site or content linked from the Services or Site, the support CCC provides, the specific functions of the Services or Site, the security of the Services or Site, or the Site or Services’ reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs or achieve certain results.
Some jurisdictions provide for certain implied warranties, such as the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the fullest extent permitted by applicable law, CCC disclaims any and all implied or express promises or warranties about the Services and the Site.
Some provinces and territories do not allow for the exclusion of warranties. In these provinces and territories, you have only the warranties that are expressly required to be provided in accordance with applicable law.
Limitation of Liability
To the fullest extent permitted by applicable law, you agree and understand that the CCC Entities will not be liable for: any direct, indirect, special, incidental, consequential, exemplary or punitive damages (collectively, the “Damages”) arising from or in connection with these Terms or your use of the Services or Site. The CCC Entities are not responsible for any lost profits, lost revenues, lost business opportunities, diminution in value, including any alleged loss or diminution in value of personal information, or any other losses (collectively, the “Losses”) arising from or in connection with these Terms or your use of or access to the Services or Site, including, but not limited to, Losses resulting from or in connection with: any Bid Listing, the pursuit of any Bid Listing, the eventual award or loss of any Bid Listing; the use of the Services; the use of the Site; the deletion of, alteration of, mis-delivery of, or failure to store data maintained or transmitted by the Services or Site; the limiting, suspension or termination of your account or use of the Site; your downloading or sharing of information, including personal information, via the Site; the unauthorized access to your account or any data maintained or transmitted by the Site; links provided by the Site or third-parties to External Sites or resources; your dealings with or participation in opportunities found through the External Sites, the actions of third-parties, promotions of advertisers found on or through the Services, Site or External Sites; or any good or services sold by such advertisers.
The limitations and exclusions in these Terms will apply whether or not CCC has been advised of or should have been aware of the possibility of any Losses arising.
CCC strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and CCC is not liable for any disruption or loss you may suffer as a result of the Services or Site being unavailable.
Some provinces and territories do not provide exclusion of limitation of liability for all types of damages. In these provinces, CCC will only be liable to you for damages that CCC is expressly required to be liable to you for under applicable law.
To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Site, the Services, or the software related to the Services.
Indemnity
You agree to hold harmless and indemnify CCC from any suit, claim or action arising from or related to your use of the Services, use of the Site or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), Losses, Damages, suits, judgments, litigation costs and legal fees.
Waiver and Severability of Terms
CCC’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision (or part of a provision) of these Terms is found to be invalid, you and CCC nevertheless agree to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Governing Law
These Terms shall be interpreted in accordance with the applicable laws in force in the province of Ontario and the federal laws of Canada applicable therein.
Dispute Settlement
In the event of any dispute between you and CCC, the parties shall attempt to settle the matter amicably. In the event that the matter is not so settled and you wish to pursue the matter further, the matter shall be referred to arbitration in accordance with the Commercial Arbitration Act (R.S.C.1985, c.17, 2nd Supp.) and governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein. The arbitration decision shall be final and binding upon the parties.
Modification of the Terms
CCC may modify the Terms from time to time. Unless CCC indicates otherwise, modifications will be effective as of the date they are posted on this page or any successor page. You should review the Terms regularly.
You may stop using the Services or Site at any time, but your continued use of the Services and Site after the effective date of any modifications to the Terms means that you agree to the Terms as modified.
