Terms of use
These terms and conditions of service (hereinafter referred to as the “Terms and Conditions”) are applicable to your access to and use of the www.maestrobid.com website (hereinafter referred to as the “Site”). Maestro Technologies Inc. (“Maestro”) is the owner and operator of the Site.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS LISTED BELOW CAREFULLY. IN ORDER TO ACCESS AND USE THE SITE, YOU MUST AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU DO NOT ACCESS OR OTHERWISE USE THE SITE.
We reserve the right to modify these Terms and Conditions at any time without notice to you by posting a revised version of the Terms and Conditions on the Site. Your continued use of the Site constitutes your binding acceptance of the Terms and Conditions, including any modifications that Maestro makes. You are responsible for reviewing the Terms and Conditions prior to every use.
1. SERVICES OFFERED ON THE SITE
1.1. Nature of the Services
The Site offers online bidding services which enable contractors to invite subcontractors to submit their availability and specifications for specific projects and
subcontractors to bid on these projects directly and in real time, with or without invitation. The Site offers a wide range of services consisting of the following
services (hereafter the “Services”):
(a) Access for all contractors and subcontractors;
(b) Online bid management for contractors;
(c) Online bid responses/response functionality for subcontractors;
(d) “Private” or “open” project bid options;
(e) Secure, real-time processes.
1.2. Portal
The Site is a portal intended to be used by contractors and subcontractors for bid management purposes. Maestro acts solely as an intermediary between contractors and
subcontractors. Therefore, Maestro has no control over the quality, truth, accuracy or legality of information disclosed on the Site and over the ability of contractors or
subcontractors to use the Site and the Services.
1.3. Discharge
Since the Site is merely a website serving as an intermediary between contractors and subcontractors, in a dispute between two or more users, you release Maestro, its
officers, directors, shareholders, agents, employees, subsidiaries and affiliates of any claim or demand, and for any damage, direct or indirect, present or future, fixed
or otherwise, that would result from the dispute, or which would be related to it in any way.
1.4. Information Control
Maestro has no control whatsoever over the information provided on the Site. By using the Site, you assume the risk that the disclosed information is not accurate or true.
Hence, you are to exercise extreme caution and diligence in your use of the Site and the Services. Maestro is not liable for the acts or omissions of the users of the Site
and the Services.
1.5. Compliance with the Applicable Laws
You must comply with all laws, legislation, ordinances and regulations when using the Site and the Services. Maestro retains the right to terminate your access to the Site
and the Services with immediate effect and/or block your access to the Site as a result of your non-compliance and furthermore, Maestro may notify the competent
authorities thereof.
2. LICENSE
2.1. License
Subject to these Terms and Conditions, Maestro hereby grants to you a limited, personal, non-exclusive, non-transferable license to access and use the Site and the
Services for bidding purposes.
2.2. No Granting of Rights to Third Parties
You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the
Services or the Site or any part thereof.
2.3. No Modifications
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking
of the Site (and its content) and the Services or any part thereof.
2.4. Exclusive Ownership
Any and all intellectual property rights (the “IP Rights”) in and to the Site (and its content) and the Services are and shall remain the exclusive property of Maestro.
Nothing in these Terms and Conditions intends to transfer to you any such IP Rights, or to vest in you any such IP Rights. You are only entitled to the limited use of the
IP Rights granted to you in these Terms and Conditions. You will not take any action to jeopardize, limit or interfere with Maestro’s IP Rights in the Site and the
Services. Any unauthorized use of Maestro’s IP Rights is a violation of these Terms and Conditions as well as a violation of intellectual property laws, including without
limitation copyright laws and trade-mark laws. All IP Rights in and to any third party content that is contained in the Site or the Services or may be accessed through the
use of the Site or the Services is the property of the such third party.
2.5. No Removal of Notices
You agree that you will not remove, obscure, make illegible or alter any notices or indications of Maestro’s IP Rights and ownership thereof, whether such notice or
indications are affixed on, contained in or otherwise connected to any materials relating to the Site or the Services.
3. ELIGIBILITY CRITERIA
In order to access and use the Site, you must have the legal capacity to contract. In addition, your access code and your user name for the Site belong to Maestro and cannot be transferred, sold or assigned to a third party.
4. SHARING OF INFORMATION
You are solely responsible for all materials and information, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise disclose in connection with your use of the Site and the Services (“Your Content”). You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. You warrant that you own or have sufficient legal right in Your Content and that Your Content, including any use thereof by Maestro, does not violate applicable law or the rights of any third party. Maestro reserves the right to remove Your Content on this Site at any time, at its sole discretion and without prior notice.
You agree that Maestro and its affiliates and agents may use your contact information (name and email address) to communicate with you and provide you with information, such as targeted banner ads, technical or administrative advice, product offers and communications that may be useful to your use of the Site and the Services. If you do not wish to receive such communications, Maestro wishes to be advised accordingly. You can change your notification preferences at any time.
5. RESTRICTIONS ON ACTIVITIES ON THE SITE
5.1. Your Conduct on the Site
You may not use the Site (and its content) and the Services for any purpose that is unlawful or that is prohibited by these Terms and Conditions. Without limiting the
generality of the foregoing, your activities on the Site shall in no case:
(f) be false or misleading;
(g) violate the rights of any third party, including its copyrights and trade-marks;
(h) violate any law, statute or regulation, including, without limiting the generality of the foregoing, those relating to consumer protection and unfair competition;
(i) be defamatory, illegal, obscene, vulgar or infringing upon the privacy of a third party;
(j) contain a virus, Trojan horse, spider, worm, time bombs, cancelbot, scanning engine, or any other program that could damage, impair, illegally intercept or take
control of a system, data or personal information or otherwise restrict the proper functioning of the Site or of the equipment needed to ensure the proper operation of the
Site;
(k) engage Maestro’s liability or cause the loss of services from its Internet service providers or other suppliers;
(l) constitute a breach of any contract, confidentiality obligations or fiduciary duty that you may have toward any person;
(m) constitute commercial solicitation, including without limitation, advertising, offer to sell any goods or services, or offer to join any organization whatsoever;
(n) include personal or identifying information about a third party without that third party’s explicit consent;
(o) encourage, conspire, entice or promote the occurrence of any of the prohibited conduct stipulated herein.
5.2. Unauthorized Access to the Site
Unauthorized access to the Site is a breach of these Terms and Conditions and a violation of the law.
6. PRIVACY POLICY
Maestro is determined to protect the privacy of all of the Site’s users and to maintain the integrity of all information identifying a person that it gets, uses, holds or discloses through the Site. Maestro will not communicate information about you to third parties without your express consent and will divulge such information solely in accordance with its Privacy Policy reproduced on the Site. We invite you to consult the Privacy Policy for complete details of our commitment to protecting your privacy and your personal information.
7. MANAGING YOUR PASSWORD
You are responsible for any actions taken using your user name and your password. We recommend that you not reveal your user name and password to any third party. If you choose to share your user name and password or your personal information with third parties, you will be liable for any actions taken by such third parties. If you disclose your password, you may lose considerable control over your personal information and you may take the risk that legally binding actions be taken on your behalf. Thus, if the security of your password has been compromised, for whatever reason, you should immediately change it on the Site.
8. DISCLAIMER AND LIMITATION OF LIABILITY
(a) THIS SITE (AND ITS CONTENT) AND THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAESTRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS ARISING FROM THE ACCESS TO AND USE OF THE SITE (AND ITS CONTENT) AND
THE SERVICES. MAESTRO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT
THIS SITE OR THE SERVER WHICH MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(b) IN NO EVENT SHALL MAESTRO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH THE ACCESS TO OR USE OR PERFORMANCE OF THE SITE (AND ITS CONTENT) AND THE SERVICES OR ANY OTHER SITE OR SERVICES YOU MAY ACCESS WHILE USING THE SITE AND
THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) Some jurisdictions do not allow exclusions of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or
exclusions may not apply to you. In such jurisdictions, Maestro’s liability and that of its affiliates, directors, officers, trustees and employees will be limited to the
greatest extent permitted by law.
9. INDEMNIFICATION
You acknowledge and expressly agree that your use of the Site (and its content) and the Services is at your sole and own risk. You agree to defend, indemnify and hold
Maestro and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including
reasonable attorneys’ fees, arising out of:
(a) Your use of the Site (and its content) and the Services;
(b) Any use or alleged use of your user name and password by any person, whether or not authorized by you;
(c) The content, quality or the performance of content that you submit to the Site;
(d) Your violation of these Terms and Conditions.
10. TRADE-MARKS AND COPYRIGHT
The names and trade-marks Maestro, maestro*, Maestrobid, Maestro Technologies, and maestro*Technologies, as well as the logos associated with these names are names and
trade-marks owned by Maestro. Any use of these names and trade-marks is strictly prohibited without the prior written consent of Maestro. In addition, all names and
trade-marks belonging to third parties and appearing on the Site are the property of their respective owners and may be used only with the consent of their respective
owners.
The Site along with its content, including text, images and the selection and arrangement of its data, are protected by copyright © 2010, Maestro Technologies Inc. ALL
RIGHTS RESERVED.
You can view and download the information contained on the Site for the purposes mentioned in these Terms and Conditions. Any other use, modification or copying of the
Site and its content, in whole or in part, without Maestro’s prior written consent, is prohibited.
11. TERMINATION
You agree that Maestro, in its sole discretion, has the right to delete or deactivate your access to the Site, block your email or IP address, or otherwise terminate your use of the Site, immediately and without notice, and remove and discard any information provided on the Site, for any reason, including, without limitation, if:
(a) you violate these Terms and Conditions or our Privacy Policy reproduced on the Site;
(b) we are unable to verify the information you provide to us or that they are incorrect;
(c) we believe that your actions or omissions are likely to cause financial loss or engage Maestro’s liability.
You further agree that Maestro shall not be liable to you or any third party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination.
12. MISCELLANEOUS
12.1. Severability
Each provision of these Terms and Conditions is separate and distinct and, if a provision of these Terms and Conditions is determined to be invalid, illegal or
unenforceable, all other provisions will remain in full force and effect.
12.2. Notices
You can contact Maestro:
By mail:
1471, Boulevard Lionel-Boulet, Suite 34
Varennes (Quebec) J3X 1P7
By telephone:
1 888 833 7777 Ext. 202
By email:
a.desjardins@maestro.ca
12.3. Waivers
A failure by Maestro to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.
12.4. Governing Law and Jurisdiction
These Terms and Conditions and their interpretation are subject to the laws that are in force in the province of Quebec and in Canada without giving effect to any
principles of conflicts of laws. The courts of the district of Montreal, province of Quebec, have exclusive jurisdiction to hear any dispute related to these Terms and
Conditions, including their interpretation and effects.
13. QUESTIONS AND CONCERNS
If you would like more information on the Terms and Conditions of the Site, please contact Maestro using the coordinates specified previously. Please contact us with your questions and concerns and we will give our best efforts to assist you.
