PART3 TECHNOLOGIES CORP. WEBSITE TERMS OF USE
LAST UPDATED: 2021-04-19
1. OVERVIEW
These Terms of Use form a legally binding contract between PART3 TECHNOLOGIES CORP. ("we", "us" or "Part3") and the people and companies (“Users” or “you”) that access and use our website located at part3.ca or any related website or mobile platform controlled by us (collectively, the "Website"). These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website.
It is very important that you read and fully understand these Terms of Use before using the Website. By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract which will impact your rights.
By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website.
These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.
2. DESCRIPTION OF SERVICES AVAILABLE
The "Service" means (a) the Website, (b) all software (including the Software, as defined below), data, reports, text, images, and content made available through any of the foregoing (collectively referred to as the "Content") and all modifications thereto.
The Service is provided "as-is". That means the Service may include bugs that impact your ability to use the Service and/or may impact your business. Part3 is not liable for your use of the Service.
Part3 reserves the right to alter the Service at any time. By using the Service, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.
3. OWNERSHIP OF YOUR FILES
When you choose to upload documents or data (including any images or text), PART3 TECHNOLOGIES CORP. does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and PART3 TECHNOLOGIES CORP. claims no intellectual property rights with respect to the Content.
4. YOUR ACCOUNT
In order to fully use the Website, you will be required to create an account. Information submitted by you in order to create an account will be subject to our Privacy Policy, which is available for review on the Website, and which you are required to approve before creating an account. The Privacy Policy also dictates how to terminate your account and how you can have your personal identifying information deleted from our servers.
The terms governing the features and capabilities of your account and the related fees can be found on the Website.
5. PAYMENT
To the extent the Website or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Part3 information regarding your credit card or other payment instrument. Such payment plan may include the option to prepay for your access to the Service before it begins or to receive an invoice for payment after your use of the Service has begun. Additional information on our payment plans is available upon request. To the extent your use of the Website exceeds the usage limits provided for in your payment plan, you were not invoiced for services rendered, or you missed any payments due on your account, Part3 reserves the right to recover such fees and charge you standard and overage fees for any such regular and excessive use. You represent and warrant to Part3 that any payment information you provide is true and that you are authorized to use the payment instrument for this Website. You will promptly inform Part3 with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Part3 the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize Part3 to bill your payment instrument in advance of receipt of any Service on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Part3 know in writing within sixty (60) days after the date that Part3 invoices you. We reserve the right to change Part3's prices. If Part3 does change the pricing plans, Part3 will provide notice of the change on the Application or in email to you, at Part3's option, at least 30 days before the change is to take effect. Your continued use of the Website after the price change becomes effective constitutes your agreement to pay the changed amount. Your failure to provide payment in accordance with your payment plan on a timely basis shall afford Part3 the right to terminate your access to the Website. All fees are non-refundable and exclusive of applicable taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Part3 incurs collecting late amounts.
6. TERMINATION
You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website.
7. LIMITATION OF LIABILITY
Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website or associated applications.
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
8. INDEMNIFICATION
You agree to indemnify and hold harmless PART3 TECHNOLOGIES CORP., including our officers, directors, shareholders, employees and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.
9. SECURITY BREACHES
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential.
You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
10. WARRANTIES AND REPRESENTATIONS
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.
11. COMPLIANCE WITH LAWS
You represent and warrant that:
  1. 1. You have the authority to bind yourself to these Terms of Use;
  2. 2. Your use of the Website will be solely for purposes that are permitted by these Terms of Use;
  3. 3. Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
  4. 4. Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.
You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.
12. AGE RESTRICTIONS
Users under the age of 18 are permitted to access and use the Website, but are prohibited from submitting any personal information or other information that may be used to identify them. Users under the age of 13 are only permitted to access and use the Website while under the direct supervision of a parent or guardian.
13. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.
If any claim, dispute or controversy occurs between PART3 TECHNOLOGIES CORP. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or PART3 TECHNOLOGIES CORP. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
14. WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against PART3 TECHNOLOGIES CORP. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against PART3 TECHNOLOGIES CORP. otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
15. GENERAL TERMS
a. AMENDING THESE TERMS OF USE
These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.
b. ASSIGNMENT
We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.
Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.
c. NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
d. NO AGENCY
The parties to these Terms of Use are independent contractors and are not partners or agents. PART3 TECHNOLOGIES CORP. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.
e. SEVERABILITY
In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
f. ENTIRE AGREEMENT
These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and PART3 TECHNOLOGIES CORP. and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.
16. QUESTIONS ON THESE TERMS OF USE
We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address:
17. ADDITIONAL TERMS
The following additional terms and conditions apply to the use of the Website:
Archived projects will be retrieved within 30 business days.
18. CONFIRMATION OF AGREEMENT TO TERMS OF USE
BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.
©2021 Part3 Technologies Corp.