projectcredits

TERMS OF USE

These terms of use (together with the documents referred to in it, including our privacy policy) set forth a binding agreement (“Agreement”) between you and Us, under which you may use this Site and associated services offered through this Site or application (together the “Services”).

Please read these terms of use carefully before you start to use the Services.

By using the Site, you indicate that you accept these terms of use and our privacy policy) and that you agree to aabide by them. If you do not agree to these terms of use and our privacy policy, or you are under 18 years of age, please do not use the Site.

Upon our request you agree to sign a non-electronic version of this Agreement.

These terms of use shall cover all the aspects of your use of the Site, including:

Who we are

  • The Services we are providing
  • How you can access our Services
  • Information about billing and subscriptions (including automatic repeat billing and price changes)
  • Your obligations as a user of our services and restrictions on your content
  • Our rights to use your content
  • Your rights to cancel your membership
  • Our rights to terminate this Agreement
  • Ways you can contact us and our complaints handling process
  • Legal disclaimers, warranties and indemnities

WE RESERVE THE RIGHT TO AMEND THESE TERMS AND ANY DOCUMENT REFERRED TO AT ANY TIME. YOU ARE EXPECTED TO CHECK THIS PAGE AND ITS LINKED PAGES FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGES WE MAKE AS THEY ARE BINDING ON YOU. SOME OF THE PROVISIONS CONTAINED IN THESE TERMS OF USE MAY ALSO BE SUPERSEDED BY PROVISIONS OR NOTICES PUBLISHED ELSEWHERE ON OUR SITE.

1. THE PARTIES TO THIS AGREEMENT

You, as a person who makes use of our Services, are entering into this Agreement with projectcredits.com Inc.

projectcredits.com Inc. (referenced throughout these terms as “us”/”we”/”our”) is a company registered in Quebec, Canada having company number 1167495630 and having its registered office at projectcredits.com Inc., 1073 de la Rivière, Quebec, Qc, Canada, G1Y 2A3.

You authorise us to reproduce and broadcast the information contained in your profile including your name, photograph, location, occupation, description, projects, etc. throughout our Site for the purposes of delivering the Services to you and for marketing and other purposes as explained in more detail below under section 6(B) Our rights to use your content for our own purposes.

We may, from time to time, create profiles which are created, maintained and managed by our employees (“Staff Profiles”). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features and functionalities, and to research our products and Services.

2. THE SERVICES

We provide on line project promotion, career promotion and social services through our websites and mobile applications enabling you to contact and engage in interaction with other users of our various sites and apps, including those of our Partner Sites (collectively our websites and apps are referred to here as the “Services”).

We are continually developing our offerings to users and we may offer additional services or revise the scope of the Services at our discretion and with or without notice to you, and these terms of use will apply to all additional or revised Services.

We also reserve the right to stop offering the Services.

HOW YOU CAN ACCESS OUR SERVICES

You can access the Services in the following ways, and by website visits or mobile applications:
  • By visiting as a guest without registering (“Guest”);
  • By registering for the Services as a non-paying member (“Basic Member”); or
  • By registering for the Services as a member and purchasing a subscription package (“Paid Member”).

Throughout these terms we will make reference to Guest, Basic Member and Paid Member. When the clause is relevant to all members, we shall simply use the term “member” or “users” to mean all users, whether Guests, Basic, or Paid.

4. ABOUT SUBSCRIPTIONS AND BILLING

A. GUEST/BASIC MEMBER FEES / CHARGES

There is no fee payable to access the Services as a Guest or as a Basic Member.

However, please note that accessing the Services as a Guest of a Basic Member will only give you limited access to features and areas of the Services. Full access will require to you upgrade to become a Paid Member, by paying for a subscription package.

B. PAID MEMBER FEES / CHARGES

If you would like full access to all features and areas within the Services, you should purchase one of our Subscription Packages which can differ across our various websites.

In general, we offer monthly-based packages.

The fees payable for each of our Subscription Packages are set out on the payment page of the at the point of making payment. Please review the payment page very carefully when you come to make payment.

Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewal billing.

We reserve the right to alter these subscriptions packages at any time. If we alter the price of a package that you are already paying for, we will provide notice of the change to (in accordance with our process noted below at section 4(D)) you and you will have the option to cancel your membership if you do not agree with the new price being offered to you.

C. AUTOMATIC RENEWAL BILLING

We operate an automatic renewal billing policy.

This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.

D. PRICE CHANGES

We reserve the right to alter our packages at any time and any change in your subscription price will be notified to you by email to the address you have provided when you signed up to the Services, at least 7 days prior to the new subscription price being implemented. You will then have the option to cancel your membership if you do not agree to this price change.

E. DISPUTES ABOUT BILLING

In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.

5. YOUR USE OF OUR SERVICES

To ensure compatibility with your device and our Services, please note that our Site is optimized for all modern browsers including IE7+ and above, Firefox 2+, Safari 3+, Chrome and Opera with standard default browser settings. You will also need Javascript enabled to use our Site, and Flash must be installed. For the best experience your screen resolution should be set to no less than 1280 x 768.

A. PERSONAL USE

Your account is for your personal use only. You may not authorise others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.

You are solely responsible for you own actions and those of anyone using your account, and assume all liability regarding, (i) the information and content you or anyone using your account, posts on your behalf; (ii) the information and content you or anyone using your account post, transmit, publish, or otherwise make available through the Services; and (iii) your or anyone using your account’s interactions with other members through the Services.

B. YOUR USE OF OUR SERVICES: INFORMATION YOU SUBMIT

If you register with us to use our Services, you warrant that you

  • Provide all the information required to complete the registration forms for our Services;
  • Ensure the information you provide is complete, accurate and up to date and you will promptly update all information to keep your account and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date);
  • You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction, of Canada, of the United Kingdom, of Australia or of the United States of America;
  • Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
  • If you create an account (as a Basic or Paid Member), you (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency; and
  • Only post information and content that is relevant to our members (please see below under ‘Restrictions on your use of the Site’ for further details of the restrictions on the type of information and content you can post);
  • Be fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account; and
  • Only post genuine ratings of and comments on other members’ profiles or projects and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you.

Please note that we do NOT conduct any form of background screening, criminal or otherwise on any user or member of our Services in any territory.

C. RESTRICTIONS ON YOUR USE

You agree that you will not post any content on through the Services, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Services that, in our sole judgment:

  • impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • discloses any personal or confidential information of any person or organisation without first obtaining their consent or solicits another person’s personal information for commercial or unlawful purposes;
  • discloses, solicits or requests personal information from anyone under the age of 18 or discloses or solicit passwords for unlawful purposes;
  • contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
  • promotes racism, bigotry, hatred or physical harm against any group or individual;
  • promotes or enables illegal or unlawful activities;
  • is intended to harass, annoy, threaten or intimidate any other members or other people or organizations;
  • is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18) or which may cause annoyance or inconvenience;
  • is deliberately misleading or fraudulent;
  • contains others’ copyrighted content (such as music, videos, photographs, images etc) trademarks, patents, trade secret or other proprietary information, without first obtaining their consent;
  • uses the Services for chain letters, junk mail or spam e-mails;
  • advertises or solicits any member to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “affiliate marketing codes,” “link referral code,” or any other form of commercial solicitation;
  • interferes or disrupts networks connected to the Services or attempts to interfere with the proper functioning of the Services (including imposing an unreasonable load on the technical infrastructure used to operate the Site);
  • contains any material which may infringe or violate any third party’s rights;
  • violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Canadian and U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange, the NASDAQ, the Toronto Stock Exchange, and any regulations having the force of law;
  • provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the various governments as a foreign terrorist organization;
  • “stalk” or otherwise harass another person or user or member;
  • collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information;
  • post a profile or send a message to a user for any purpose other than to interact with other individuals online;
  • delete or revise any content or material posted by any other person or entity;
  • access data not intended for such user or logging into a server or account which the user is not authorized to access;
  • attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization;
  • attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” or otherwise attempting to deny service to the Site or the server of any user;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
  • send unsolicited messages, including promotions and/or advertising of products or services.
  • forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting for any reason.
  • use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent.

If you breach the terms of this subsection regarding the sending or posting of unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.

We actively encourage all users to report any breaches of these terms to us.

D. OUR RIGHT TO REMOVE CONTENT

We reserve the right, but have no obligation, to monitor the information or content you or anyone using your account submits to the Services or post in the public areas of the Services. We have the right to remove any such information or content: (i) that in our sole opinion violates, or may violate, any applicable law, or these terms of use; (ii) or upon the request of any third party e.g. in the event that a third party alleges you have infringed their intellectual property rights.

E. SECURITY OF YOUR LOGIN DETAILS

You agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that we are not responsible for third party access to your account that results from sharing your login or other account details or personal information by you or the theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Services or terminate your account if we suspect an unauthorized person is attempting to access it.

F. REPORTING A BREACH OF THESE USER TERMS

You agree to tell us immediately about: (i) any violation of these terms of use by others (including but not limited to other members) of which you become aware; and (ii) any known or suspected unauthorized access to your account.

G. RISKS OF USING OUR SERVICES

You assume all risk when using the Services, including but not limited to, all of the risks associated with any online or offline interactions with others, including organizations. You understand that we are unable to guarantee the accuracy or completeness of information provided to you by or about other members, and that we are unable to confirm that any member is who he or she claims to be.

You acknowledge that we have no liability in respect of other members of the Services, or any party who contacts you through the Services. We do not conduct criminal or any other background checks on any member in any territory and you should exercise caution.

We do not warrant and are not responsible for ensuring that other members are in compliance with these terms of use. You agree to take all necessary precautions when communicating with or meeting individuals through the Services.

You understand that we make no guarantees or warranties, either express or implied, regarding the ultimate impacts of the publication of your profile or the projects you associated publicly available through the Services.

H. INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES

We process information about you in accordance with our privacy policy. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate. You are responsible for reviewing the terms of the privacy policy. By continuing to use the Services you are confirming that you accept the terms of the privacy policy, as may be amended from time to time, and you are responsible for regularly reviewing the privacy policy for any changes that we reserve the right to make.

MEMBERS OUTSIDE CANADA

By registering and creating a member profile you consent to the wider dissemination of the information you provide in that profile to the other users of the Services and third party service providers, some of whom may be outside the Canada. We will keep your personal information confidential except: (i) where you or anyone using your account have posted it for publication or display; or (ii) to the extent that we are compelled to disclose it by law or to comply with an instruction of a regulatory body of competent jurisdiction.

For full details on how, where and for what purposes your data is stored and transferred please review our privacy policy.

6. OUR RIGHTS

A. OUR PROPRIETARY RIGHTS

You acknowledge and agree that the copyrights, trademarks and other intellectual property rights including registered and unregistered trade marks, across the Services and the content provided as part of the Services belongs to us. No rights in respect of the Services or the content provided as part of the Services are granted to you other than those expressly set out in these terms of use.

B. TO USE YOUR CONTENT FOR OUR OWN PURPOSES

By posting information or content including but not limited to copyrighted content, name and likeness and photographs to your profile pages or any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, a non-exclusive, royalty free, worldwide licence to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorize sub-licences of the same. You further waive any moral or potential infringements rights you may have in any such information or content.

Specifically please note that we may use any of your content, including your photographs, for the purposes of advertising or publicity.

Full details on how we use your information is contained within our privacy policy.

7. THIRD PARTY RIGHTS

We have in place procedures for handling claims that content displayed on any of our Sites infringes a third party’s copyright. Pursuant to the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), notifications of claimed copyright infringement under Canada copyright law should be sent to Agence Arsenal’s Designated Agent specified in the Notice and Procedure for Making Claims of Copyright Infringement. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

8. CANCELLING YOUR MEMBERSHIP AND CUSTOMER COMPLAINT HANDLING

A. TERM AND TERMINATION

These terms of use will become effective from the point at which you use the Services as a Guest or registered as a Basic or Paid Member, and will remain in full force and effect unless and until they are terminated.

Your subscription will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then current non-promotional subscription rate in accordance with the Automatic Renewal Billing process explained in these terms.

Please note that you must terminate your subscription prior to the end of the subscription period for which you have paid to avoid being charged for the next subscription period. To change or terminate your subscription at any time, please follow the subscription cancellation procedure described in the Help section. Either you, or us, may terminate your user account at any time and for any reason by sending notice to the other.

We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.

If your access to any of the Services is suspended due to any suspected (in our opinion acting reasonably) or actual breach of these terms of use, you agree that all fees paid to us are final and all outstanding or pending payments will immediately be due. Following any termination of your use of the Services, we reserve the right to send a notice explaining such termination to other members you have contacted through the Services.

The cancellation of your account will not remove the information posted about projects, organizations.

B. YOUR RIGHTS TO CANCEL AT ANY TIME

You may cancel your subscription and membership (free and paid) by visiting the ‘Preferences’ section of the site that you are a member of, and following the relevant link to Remove Your Account.

Alternatively, you may cancel your registration or subscription at any time by giving us notice of your wish to cancel by email: email: admin@projectcredits.com

When emailing us you must include your profile information (your full name and email address) in order that we can verify that you are in fact the account holder authorized to amend the account.

Our postal address is:
projectcredits.com Inc.
1073 de la Rivière
Quebec, Qc, Canada
G1Y 2A3

Please be aware that any notice of intention to cancel shall take effect upon receipt by us.

C. 10 DAY CANCELLATION RIGHT

You can cancel the agreement created through your acceptance of these terms of use within 10 days after the confirmation of your subscription to any Services and you will receive a pro-rated refund based on the usage you have made of the Service.

By creating a Paid Membership or upgrading a Guest or Basic Membership, you expressly agree to us providing the Services to you immediately upon payment by you. Any use of the service thereafter by you would limit the amount you will be entitled to later receive should you cancel within 10 days.

For avoidance of doubt, Use of the Services in respect of this cancellation right means sending any communication to another user, actively conducting searches of user profiles, viewing photos of other members, or making changes to your profile including your photographs and other publicly visible profile information, or updating or amending any account settings or preferences (unless such settings e.g. email address were inputted incorrectly at sign up and you are seeking to simply amend these entries to be more accurate records).

You can contact us through your Account, by email or by telephone to cancel on the basis of this statutory right. You may also complete this Cancellation Form (which is a standard form contained within the Regulations), which can be downloaded here.

OUR CUSTOMER COMPLAINT POLICY

If you have any queries about these terms of use, the Services or if you wish to make a complaint then please contact us as follows:

email: admin@projectcredits.com

When emailing us you must include your profile information (your full name and email address) in order that we can verify that you are in fact the account holder authorized to amend the account.

Our postal address is:
projectcredits.com Inc.
1073 de la Rivière
Quebec, Qc, Canada
G1Y 2A3

9. LEGAL DISCLAIMERS, WARRANTIES & INDEMNITIES

A. DISCLAIMER OF WARRANTIES

This section will apply to the maximum extent permitted by applicable law.

We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

We do not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services.

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, provided through the Services, or transmitted to or by any Guests, Basic Members or Paid Members.

B. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event will we, projectcredits.com Inc., be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the Services, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if we know or have been advised of the possibility of such loss arising.

To the maximum extent permitted by applicable law, in no event will we be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other users of the Services. This includes and is not limited to any claims, losses or damages arising from the conduct of members who have registered under false pretences or who attempt to defraud or harm you.

Our total liability to you in connection with these terms of use or the use of the Services shall be limited as to either: (i) the fees paid by you to us for use of the Services if you are a Paid Member; or (ii) 100CAD if you are a Guest or Basic Member.

Nothing in these terms of use will limit or exclude our liability for: (i) death or personal injury arising from our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us.

C. INDEMNITY

You agree to indemnify us, our officers, directors, employees, agents, Group Companies and third parties for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of: (i) your, on anyone using your account’s use of or inability to use the Services, (ii) any content or information posted by you or anyone using your account, (iii) your or anyone using your account’s violation of these terms of use or your or anyone using your account’s violation of any rights of a third party, or (iv) your or anyone using your account’s violation of any applicable laws, rules or regulations.

We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.

D. LINKS TO OTHER THIRD PARTY SITES

Where any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

10. ENTIRE AGREEMENT, GOVERNING LAW AND CLASS ACTION WAIVER

A. ENTIRE AGREEMENT

These terms of use, and the pages throughout the sites and Services to which these terms refer, constitute a contract that governs the relationship between us and you. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations in place between us.

B. JURISDICTION AND APPLICABLE LAW

These terms of use and the documents referred to in them shall be governed and construed in accordance with Canadian law. Any disputes relating to these terms of use, the documents referred to in them or the site or the Services will be subject to the exclusive jurisdiction of the Canadian courts.

C. CLASS ACTION WAIVER

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.


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