Last updated: February 06, 2017
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://gta-contractors.com website and the GTA Contractors Reliance® mobile application (the "Service") operated by GTA Contractors Corp.("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
- Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
- Amendment of Terms. GTA Contractors may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
- Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
- GTA CONTRACTORS PLATFORM
- GTA Contractors Platform. GTA Contractors platform enables home owners to request for home renovation quotes from home renovation professionals (“Contractors”) that have signed up to the platform. GTA Contractors itself is not a renovation service provider and does not own, operate or control any of the service providers accessible through the Site.
- Quotes. Once home owners submitted a request for quote through the site, GTA contractors will identify the most appreciate contractors (service provider) for handling the request. Contractors must respond within 24hrs period on whether choose to handle the quote request.
- COMMISSION FEES
- Fees We Charge. GTA Contractors charges commission fee for providing leads to contractors. Contactors are only obligated to pay the commission amount if the lead result of sales (being awarded of the project). The commission amount is %3 for project value less than $5000 and 5% for project value greater than $5000. Contractors must pay the commission amount within 7 days after receiving
- We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as late cancellation fee) and to change the amount of any such fees at any time. Additionally, from time to time we may allow you to purchase additional services through the GTA Contractors Site. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to your commission fee.
- TERMINATION OR MODIFICATION BY GTA CONTRACTORS
- Infringing or Fraudulent Activity. GTA Contractors does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GTA Contractors may have at law or in equity.
- PROHIBITED CONDUCT
- Harass, threaten, or defraud users, members or staff of GTA Contractors or users;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
- Upload material (e.g. virus) that is damaging to computer systems or data of GTA Contractors or users of the Site;
- Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
- PROHIBITED USES
- USER SUBMISSIONS OF REVIEWS
- General. The Site provides certain features which enable you and other users to submit, post, and share reviews. These submissions may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by GTA Contractors. GTA Contractors cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not GTA Contractors, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
- Right to Remove or Edit User Submissions. GTA Contractors makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, GTA Contractors complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act” section below).
- License Grant by You to GTA Contractors. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to GTA Contractors, you hereby grant GTA Contractors and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “GTA Contractors Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and GTA Contractors’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
- User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize GTA Contractors to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by GTA Contractors and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, GTA Contractors’s or any GTA Contractors Licensee’s use of such User Submissions pursuant to these Terms, and GTA Contractors’s or any of GTA Contractors Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. GTA Contractors may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that GTA Contractors determines in its sole discretion to be violative of the standards of this Site. GTA Contractors takes no responsibility and assumes no liability for any User Submissions.
- Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that GTA Contractors does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST GTA CONTRACTORS WITH RESPECT THERETO.
- Feedback. If you provide GTA Contractors with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), GTA Contractors shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant GTA Contractors a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- OWNERSHIP; PROPRIETARY RIGHTS
- THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
- LIMITATION OF LIABILITY AND DAMAGES
- ARBITRATION AGREEMENT
- Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and GTA Contractors. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
- Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the Province of Ontario, without regard to conflict of law provisions. You agree that any claim or dispute you may have against GTA Contractors must be resolved by a court located in Toronto Ontario, except as otherwise agreed by the parties or as described in the Arbitration Agreement paragraph above. You agree to submit to the personal jurisdiction of the courts located within Toronto,Ontario for the purpose of litigating all such claims or disputes.
- Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
- Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and GTA Contractors relating to the subject matter herein.
- Claims; Statute of Limitations. YOU AND GTA CONTRACTORS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Waiver. No waiver of any of these Terms by GTA Contractors is binding unless authorized in writing by an executive officer of GTA Contractors. In the event that GTA Contractors waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of GTA Contractors to enforce the same at a later time.
You promise not to:
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
GTA Contractors reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The GTA Contractors website and mobile applications are owned and operated by GTA Contractors Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by GTA Contractors (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of Canada, the Unites States, the United Kingdom and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of GTA Contractors or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to GTA Contractors or its affiliates and/or third-party licensors. Except as expressly authorized by GTA Contractors, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. GTA Contractors does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, GTA Contractors makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT GTA CONTRACTORS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
UNDER NO CIRCUMSTANCES WILL GTA Contractors OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF GTA CONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GTA CONTRACTORS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
PLEASE READ THE FOLLOWING CAREFULLY: