Terms of Service - candacc.ca

CanDACC Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY.

These CanDACC Terms of Service, including our Privacy Policy (available at www.candacc.ca), constitute a legal agreement between CanDACC and you (the “Agreement”).

BY CHECKING THE BOX THAT STATES “I have read and agree to the Terms of Service” AND BY CLICKING THE “I Agree” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE, PLEASE CLOSE THIS WINDOW IMMEDIATELY, AND EXIT THE SITE.

USE OF THE SITE IS CONDITIONAL UPON YOUR ACCEPTANCE OF THE AGREEMENT.

1. Definitions

“Act” means Federal Prompt Payment for Construction Work Act, S.C. 2019, c. 29, s. 387.

“Adjudicator” means an individual holding a Certificate.

“Authority” or “AA” means the Adjudicator Authority under the Act, operating as the Canada Dispute Adjudication for Construction Contracts (“CanDACC”).

“Certificate” means the certificate of qualification to adjudicate issued to an individual by CanDACC after the individual has met the eligibility and training requirements as set out by CanDACC, the Act and the Regulations, has completed the adjudicator evaluation, and has been approved by CanDACC to be granted a Certificate.

“Claimant” means a Party to a contract or subcontract who refers a dispute to adjudication by giving a Notice of Adjudication to another Party.

“Documents” include:

Notices of adjudication;
Notices of consolidation;
Adjudication agreements;
Documents required under sections 16 and 18 of the Regulations;
Responses;
Determinations; and
Other materials.

“CanDACC” means Canada Dispute Adjudication for Construction Contracts, the ANA for the purposes of the Act.

“CanDACC Custom System” means the technology platform used by CanDACC to provide CanDACC services pursuant to the Act and Regulations.

“CanDACC Parties” means CanDACC, CanDACC’s affiliates, agents, licensors, suppliers, directors, officers, agents or employees thereof.

“Site” means all webpages located at www.candacc.ca, including the CanDACC Custom System and the electronic document exchange platform accessible therefrom.

“Party” means the Claimant or the Respondent in an adjudication proceeding.

“Parties” mean the Claimant and the Respondent in an adjudication proceeding.

“Personal Information” means recorded information about an identifiable individual or that may identify an individual and may, without limitation, include your name, phone number, address, email address, and workplace.

“Regulations” means all Regulations promulgated under the Act.

“Representative” means legal counsel for, or an authorized representative of, a Party.

“Respondent” means a Party to a contract or subcontract who receives a Notice of Adjudication from a Claimant.

“Users” means all people and/or entities who access the Site, including but not limited to Adjudicators, a Party, Parties, Representatives and Respondents.

2. Uploading Documents to the Site

The Site is owned and operated by CanDACC.

The Site enables users to upload documents to the CanDACC Custom System.

IT IS YOUR OBLIGATION AND RESPONSIBILITY TO ENSURE THAT YOU TAKE APPROPRIATE STEPS TO ENSURE THAT YOUR LEGAL DOCUMENTS ARE SERVED AND FILED APPROPRIATELY.

CanDACC IS NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE BY YOU TO FILE LEGAL DOCUMENTS IF AND AS NECESSARY.

You acknowledge that any and all documents uploaded to the Site may be accessed by us from time to time for the purposes of testing, maintaining and verifying information.

The CanDACC Custom System is intended to allow for secure storage of uploaded documents.

3. Potential Downtime

YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY EXPERIENCE DOWNTIME FROM TIME TO TIME, AND MAY NOT BE ACCESSIBLE FOR ANY PURPOSE, INCLUDING FOR UPLOADING OR RETRIEVING DOCUMENTS, DURING SUCH TIME.

YOU HEREBY ACKNOWLEDGE THAT DOCUMENTS MAY NOT BE AVAILABLE FOR YOUR RETRIEVAL FROM TIME TO TIME, INCLUDING, BUT NOT LIMITED TO, DURING NORMAL BUSINESS HOURS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL SAVE ANY DOCUMENTS ACCESSIBLE FROM YOUR ACCOUNT ON YOUR OWN DEVICE, THAT YOU WILL NOT RELY ON THE SITE FOR THE STORAGE AND SAFEKEEPING OF DOCUMENTS, AND THAT YOU HAVE THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA.

CanDACC IS NOT LIABLE FOR YOUR FAILURE TO MAINTAIN BACKUPS OF ALL THE DOCUMENTS YOU UPLOAD OR WILL UPLOAD TO THE SITE.

4. Not Legal Advice

NONE OF THE INFORMATION AVAILABLE ON THE SITE WILL BE CONSTRUED BY YOU AS CONSTITUTING LEGAL ADVICE. ANY CONTENT OR MATERIALS PROVIDED ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY.

YOU AGREE TO CONSULT WITH A QUALIFIED LEGAL PROFESSIONAL WITH RESPECT TO ANY LEGAL ISSUES OR CONSEQUENCES OF USING THE SITE.

5. Limited Licence to Use Site

You are granted a non-exclusive, non-transferable, limited licence to access and use the Site strictly in accordance with the provisions of this Agreement. Notwithstanding the foregoing, such licence shall not be construed as conferring any right or licence with respect to any trade-marks, copyrights, or any other intellectual property of CanDACC or its affiliates. You agree that you will not make commercial use of such content or copy such content onto any website or other medium without our explicit written consent.

This licence is granted only if you checked the box that states “I have read and agree to the Terms of Service” and clicked the “I Agree” button.

6. Registration

To access certain features of the Site, including the CanDACC Custom System to upload Documents, you must first register.

In order to register, you must provide us with Personal Information. The collection and use of Personal Information is subject to our Privacy Policy, located at www.candacc.ca.

As part of the registration process, you will be asked to create a password. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your password. You must notify us immediately of any unauthorized use of your password or any other breach of security and should ensure that you exit from your account at the end of each session and immediately upon becoming aware of any unauthorized use or breach of security. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT YOUR PASSWORD OR YOUR ACCOUNT.

You may request that your Site registration be terminated at any time by contacting CanDACC at itsupport@adr.ca.

CanDACC reserves the right to unilaterally terminate the Agreement at any time, and may suspend, disable, or delete your password, account (or any part thereof) or use of the Site, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the terms and conditions of the Agreement.

Upon termination of this Agreement, CanDACC reserves the right to retain all Personal Information provided by you during the registration process, subject to applicable privacy laws.

The provisions in the Agreement which expressly or should by their context survive termination or expiration of this Agreement will survive termination or expiration of this Agreement and be and continue to be of full force and effect.

7. Restrictions

You agree that you will not use the Site in any manner which may be detrimental to us, including, but not limited to, any of the following:

i. Using the Site in any manner which may infringe any intellectual property rights;

ii. Using the Site in unlawful or offensive manners, including (but not limited to) conduct that is libelous, defamatory, pornographic or obscene;

iii. Reverse engineering, decompiling, disassembling or otherwise tampering with the Site;

iv. Using the Site to upload, post, host or transmit unsolicited bulk emails, self-replicating computer programs, or any code of a destructive or malicious nature;

v. Misrepresenting your identity when using or registering for the Site;

vi. Misrepresenting the identity of the User uploading or receiving Documents;

vii. Tampering in any way with another Subscriber’s account;

viii. Tampering in any way with the contents of uploaded documents; and

ix. Submitting incorrect or false Personal Information or submitting altered documents.

8. Changes to Terms of Service

CanDACC may amend this Agreement from time to time and post an updated version of the Agreement on the Site. You are responsible for checking for any amendments. Your continued use of the Site after any amendments means that you agree to be bound by such amendments.

9. Limitation of Liability

IN NO EVENT WILL CanDACC PARTIES BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR INFORMATION THEREIN. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, HOWSOEVER CAUSED, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME, REVENUE OR PROFIT, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THE CanDACC PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL ANY OF THE CanDACC PARTIES BE LIABLE FOR ANY DAMAGES ARISING OUT OF ANY OF THE FOLLOWING:

YOUR FAILURE TO UPLOAD DOCUMENTS ON THE SITE AND SERVE THEM ON THE USERS, IF AND AS NECESSARY;
YOUR FAILURE TO PROPERLY ENTER INFORMATION ON THE SITE;
YOUR FAILURE TO PROPERLY IDENTIFY THE PARTIES INVOLVED IN YOUR ADJUDICATION PROCESS;
YOUR USE OF OR INABILITY TO USE THE SITE;
ANY DECISION MADE BY YOU IN RELIANCE ON THE SITE OR THE INFORMATION CONTAINED THEREIN; OR
TECHNICAL PROBLEMS WITH THE SITE, INCLUDING, BUT NOT LIMITED TO VIRUSES, DATA CORRUPTION, TRANSMISSION ERRORS, INSUFFICIENT
BANDWIDTH, ILLEGAL HACKING OF THE SITE OR ANY OTHER INTERRUPTION TO ACCESS THE SITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CanDACC’s LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IN RESPECT OF THE TRANSACTION OR TRANSACTIONS DIRECTLY RELATED TO THE ALLEGED LOSSES, DAMAGES, INJURIES OR CLAIMS OF ANY KIND.

IN ANY EVENT, YOU HEREBY AGREE TO TAKE ALL SUCH STEPS AS MAY BE NECESSARY OR REASONABLE TO MITIGATE ANY LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND THAT MAY ARISE FROM YOUR USAGE OR INTENDED USAGE OF THE SITE OR FAILURE TO CORRECTLY USE THE SITE.

10. Disclaimer

THE SITE AND THE CONTENT AND MATERIALS THEREON ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. CanDACC MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, ENDORSEMENTS OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, RELIABILITY, USEFULLNESS OR COMPLETENESS OF ANY RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE. CanDACC DOES NOT REPRESENT OR WARRANT THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM FROM USE OF THE SITE.

WE DO NOT GUARANTEE THAT THE SITE WILL BE SUFFICIENT OR APPROPRIATE FOR EVERY USER.

11. Indemnity

You agree at all times to indemnify, defend and hold harmless the CanDACC Parties against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements on a full indemnity basis) sustained, incurred or paid by the CanDACC Parties, directly or indirectly in respect of any violation of the Agreement by you or any activity related to your usage of the site, including negligent or wrongful conduct by you or any person accessing the Site from your account.

12. Entire Agreement

This Agreement as it may be amended by us from time to time, and any and all other legal notices and policies on the Site, constitute the entire agreement between you and us with respect to the use of the Site.

13. Successors and Assigns

This Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successors and permitted assigns.

14. No Assignment

You agree that the rights and obligations hereunder may not be assigned without our prior written consent.

15. Severability

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

16. Governing Law

By accessing the Site, you agree that all matters relating to access to, or use of, the Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws.

To the fullest extent permitted by applicable law, you agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against

CanDACC related to the Site or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against CanDACC.