GO MATERIALS INC.
TERMS AND CONDITIONS
1. Contractual relationship
2. The Services
GoMaterials offers a service that connects an end user (“End User”) who wants to purchase goods/services to a person or a group of people who wants to supply said goods/services (“Supplier”) (“Services”). GoMaterials, the End User and the Supplier are collectively referred as the parties (“Parties”) herein.
GoMaterials acts as a networking platform connecting End Users and Suppliers.
The End User and GoMaterials are bound by these Terms and Conditions.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Without the expressed written consent of GoMaterials, no information or material from the Internet Platform may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download multiple copies of the materials onto any mobile device, smartphone or single computer, for your personal use only, provided you keep intact all copyright and proprietary notices. You are entitled to download and/or print multiple copies of all the transaction receipts and/or orders that you submit through the Services for your records. You agree that you do not acquire any rights in any downloaded content or content sent to you as part of any service.
You agree to not copy and/or try to access the source code nor to modify it.
You hereby grant to GoMaterials a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute, sell and sub-licence any and all material or information submitted by you to the Website or by e-mail or by any other mean of communication, including through the Website, to GoMaterials. In addition, you hereby waive any moral rights you have in all information and material submitted by you. You agree that all information submitted for inclusion in this Web site does not infringe the intellectual property or other rights of any third parties and you grant GoMaterials a right to provide access to the information. You warrant to GoMaterials that any material submitted to GoMaterials is to be free of computer viruses or any other threat. All submissions may be removed by GoMaterials without notice.
You will use the Internet Platform and any material or information found on this Website or any goods/services offered through this Internet Platform for lawful purposes only. You shall not upload or otherwise transmit via the Website any material or information of any kind that is libelous, defamatory, obscene, or that violates any law or violates any rights of person or entity. You will not use or transmit via the Website any material or information that contains a solicitation for goods or services.
In order to use most aspects of the services, youmust register for and maintain an active user account (“Account”). You must be at least 18 years of age to open an Account. Account registration may require you to submit to RMI certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate and complete information in your Account. Your failure to maintain accurate and complete Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the goods/services or GoMaterials’ termination of these Terms without any further notice. Unless otherwise permitted by GoMaterials in writing, you may only possess one Account. In certain instances, you might be asked to provide GoMaterials with a proof of identity or any other document, to access or use the Services. Failure to comply will be a reason for denied access to or use of the Services.
By creating an Account, you agree that the Services may send you informational text (SMS) messages and/or e-mails. You may opt-out of receiving text (SMS) messages from GoMaterials at any time by sending an email to [firstname.lastname@example.org] indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You may opt-out of receiving e-mails from GoMaterials at any time by sending an email to [email@example.com] indicating that you no longer wish to receive such e-mails, along with the e-mail address receiving the e-mails. You hereby acknowledge that opting out of receiving text (SMS) messages and e-mails may impact your use of the goods/services and could render the App or Services unusable.
You are responsible for obtaining the data network access to use the GoMaterials services. Your mobile network’s data and messaging rates and fees will apply if you access or use the services from a wireless-enabled device and you will be responsible for such rates and fees. GoMaterials does not guarantee that the Services will function properly on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. License and intellectual property
Subject to your compliance with these Terms, GoMaterials grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device only for your use of the Services; and (ii) access and use any content that may be available through the Services. Any rights not expressly granted herein are reserved by GoMaterials and GoMaterials licensors.
The Services and all rights therein shall remain GoMaterials’ sole property or the property of GoMaterials’ licensors. Nothing set forth grant to you any rights: (i) related to the Services except for the limited license granted above; or (ii) to use GoMaterials’ company names, logos, product and service names, trademarks or services marks or those of GoMaterials’ licensors.
Since some of our services are available by phone, calls may be recorded to ensure quality of service and to protect both parties in the event of a dispute. All customer service calls may be recorded to ensure quality of service and to protect both parties in the event of a dispute.
You agree that use of the Services results in charges to the End User for the services or goods received from Supplier(s) (“charges”). The charges are determined by and payable to GoMaterials.
Prices are DDP (Destination) Incoterms 2010.
Billing terms are: 100% upon order confirmation.
Payment terms are: Due upon order
The estimated charges will be the object of a preauthorization on the End User’s credit card or equivalent mode of payment. Charges will be inclusive of applicable taxes where required by law. Charges paid by the End User are final and non-refundable, unless otherwise determined by GoMaterials.
The End User agrees that the delivery is provided by the Supplier. The End User will be required to provide the Supplier with an approximate date and approximate time of reception (7:00-10:00, 10:00-12:00, 12:00-15:00, 15:00-18:00). The Supplier will then confirm that he can execute. GoMaterials will communicate with the customer in case of delays. GoMaterials will not be responsible or liable for delays and/or cancelation of delivery.
If the End User cancels a delivery after confirmation from the End User and/or GoMaterials that the order is shipped and in transition between sites, GoMaterials reserves his right to charge a cancelation fee.
7. Confidential Information and Privacy
GoMaterials might collect personal information about you only when you knowingly and willingly provide it. The personal information, excluding all payment information, which you provide to GoMaterials might be used by GoMaterials in any and all manner, including by selling such information to third parties. GoMaterials reserves the right at all times, to disclose any information about you as necessary to satisfy any law, regulation, governmental request or court order. Internet use and communication is subject to interception, loss and alteration. You acknowledge and agree that GoMaterials and its affiliates are not liable for any damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet and/or the Internet Platform and that all such communications will be at your own risk.
8. LIMITATION OF LIABILITY.
GOMATERIALS SHALL NOT BE LIABLE FOR THE GOODS AND SERVICES SOLD ON THE WEBSITE. GOMATERIALS SHALL NOT BE LIABLE FOR THE USE OF THE GOODS AND SERVICES SOLD ON THE WEBSITE. GOMATERIALS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GOMATERIALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOMATERIALS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SUPPLIER, EVEN IF GOMATERIALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOMATERIALS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOMATERIALS’S REASONABLE CONTROL. IN NO EVENT SHALL GOMATERIALS’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY THOUSAND CANADIAN DOLLARS ($50,000).
THE LIMITATIONS AND DISCLAIMER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
GOMATERIALS CANNOT STRESS THIS ENOUGH, NEVER EVER USE A GOOD OR EXECUTE A SERVICE THAT YOU DON’T KNOW HOW TO PERFORM OR UNDER THE INFLUENCE OF FATIGUE, DRUG AND/OR ALCOHOL.
GOMATERIALS CANNOT BE HELD LIABLE FOR ANY DAMAGE TO PROPERTY, BODY INJURY AND/OR DEATH ARISING DURING OR CONSEQUENTIAL TO THE PERFORMANCE OF A SERVICE AND/OR THE USE OF GOODS, EQUIPMENT AND ACCESSORIES.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GOMATERIALS IS NOT RESPONSIBLE FOR TYPOS OR MISTAKES IN THE SUPPLIER SHOP ON HIS INTERNET PLATFORM EVEN IF GOMATERIALS ENTERED THE INFORMATION/DATA. THE END USER AND THE SUPPLIER WILL HOLD GOMATERIALS HARMLESS IN CASE OF SAID MISTAKES/TYPOS. GOMATERIALS RESERVES HIS RIGHT TO CORRECT OBVIOUS TYPOS/MISTAKES ON HIS WEBSITE WITHOUT ANY FURTHER NOTICE. GOMATERIALS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GOMATERIALS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOMATERIALS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SUPPLIERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
GoMaterials assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your mobile device, computer equipment or other property on account of your access to, use of, or your downloading of any materials, data, text, images, video, or audio from the Internet Platform
11. Laws and Jurisdiction
Any disputes arising shall be governed exclusively by the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive jurisdiction of the courts of Quebec and/or the Federal Court of Canada in Quebec, or any other judicial district or jurisdiction as GoMaterials may determine in any and all actions relating hereto. These provisions and any rules, policies or guidelines posted on this Website or on the Internet Platform by GoMaterials constitute the entire agreement between GoMaterials and you with respect to the subject matter hereof. No waiver by either GoMaterials or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that these provisions and all documents relating thereto be drawn up in English. Les parties acceptent que tous les présents Termes et Conditions soient rédigés uniquement en anglais.
Any claims should be sent to GoMaterials’ designated agent. Please visit GoMaterials’ web page at gomaterials.com for the designated address and additional information.
GoMaterials may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to GoMaterials by written communication at 21 Rue Boisé du Parc, Pincourt, Québec, Canada, J7W9B6.
You may not assign or transfer these Terms in whole or in part without GoMaterials’ prior written approval. You give your approval to GoMaterials for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of GoMaterials’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, GoMaterials or any Supplier as a result of the contract between you and GoMaterials or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
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