Website Terms and Conditions of Use – Businesses
Last updated: July 17th, 2024
Acceptance of the Terms and Conditions of Use
These Business terms and conditions of use for the Pagato platform constitute a legal agreement and are entered into by and between you and Agence Pagato Inc. ("Pagato," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through pagato.ca, the Pagato mobile applications and our websites optimized for mobile services (the “Sites”).
The Pagato platform provides an online space enabling users to offer and book various short-term job opportunities (the “Laborer Services”).
There are two categories of users on the Pagato platform: businesses advertising and paying for Laborer Services are referred to as “Businesses”, whereas individuals replying to advertisements and offering their services are referred to as “Service Providers”. These Terms and Conditions apply to Businesses. The terms and conditions applicable to Service Providers can be found here. In addition to their respective Terms and Conditions of Use, Businesses and Service Providers must also abide by their respective Privacy Policy, which can be found here (for Businesses) and here (for Service Providers). BY USING THE SITES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND THE APPLICABLE PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
The Sites are intended solely for persons who are 18 or older. Any access to or use of the Sites by anyone under 18 is expressly prohibited. By using the Sites, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Pagato and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.
1. Modifications to the Terms and Conditions and to the Sites
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Sites. Any material change will be notified prior to the change taking effect via a web banner or by any other means. Thereafter, the Terms and Conditions as updated will be made available and easily accessible. Anyone may determine whether these Terms and Conditions have changed by looking at the effective date appearing at the top of said Terms and Conditions. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on the Sites, and the Sites themselves, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Sites is restricted to users or unavailable at any time or for any period.
2. Your Use of the Sites and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depend on you. Businesses are responsible for obtaining their own access to the Sites. Businesses are required to ensure that all their employees, directors, officers, agents and representatives (Authorized Persons) who access the Sites through their profile are aware of these Terms and Conditions and comply with them. Accessing the Sites and the services available therein, including, without limitation, if you wish to contact a Service Provider or create a request for Laborer Services, requires Businesses to register and create an account. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information and require all third parties with whom we work to follow similar security measures and protocols to protect your personal information, we cannot guarantee the security of personal information transmitted to or across our Sites. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Sites.
Your provision of registration information and any submissions you make to the Sites through any functionality such as applications, chat rooms, e-mail and SMS messages (the "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Businesses Privacy Policy.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity, other than your Authorized Persons who need to know such information. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and your Authorized Persons and you agree not to provide any other person with access to these Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifiers, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of the Sites, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header;(e) disrupting network services and otherwise disrupting the Sites owner's ability to monitor the Sites; (f) using any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; (g) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Sites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; (i) use the Sites to harvest addresses, send spam or otherwise breach these Terms of Use or the Privacy Policy; (j) take any action or use any program or device that may result in or is intended to interfere with the operation and function of the Sites or to shut down, overload or overwhelm the Sites; (k) taking “screenshots” of Sites content or otherwise attempting to copy or save any Sites interface or content directly to an electronic device; and (l) otherwise attempting to interfere with the proper working of the Sites.
3. Mobile Devices
The Sites may allow you to access our services, download our applications, upload content to the Pagato platform, and receive messages on your mobile device (collectively “Mobile Features”). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
You acknowledge that your use of the Sites is subject to any terms set forth in the terms of service of the third party providing the mobile device on which each application operates (e.g., Apple iOS or Android). If you access or download the applications from the Apple App Store or the Google Play Store, you agree to all the terms and conditions of the Apple Appstore license or the Google Play Store license. P
agato shall not be liable if you do not have a compatible mobile device or if you download the wrong version of an application for your mobile device. Pagato reserves the right to terminate the use of the applications or any other aspect of the Sites should you be using the applications or the Sites with an incompatible or unauthorized device. Pagato is not responsible for your internet connection or for any consequences of intermittent or unavailable connectivity.
4. Relationship With Pagato
Use of the Sites, creation of an account, use of any Interactive Functions and/or acceptation of services offered and/or services provided by a Service Provider to a Business will in no way create a relationship between you and Pagato in which you could be construed as an employee, contractor, agent, joint venturer or partner of Pagato. You are not and shall not hold yourself out as being the agent, joint venturer, partner, contractor or employee of the Company. You shall not make any statement or do any act that would establish any appearance of agency, joint venture, partnership or employment with the Company. You are prohibited from holding yourself out to be endorsed by or in a partnership with Pagato, or doing anything, while on the Sites or anywhere else, whether on the internet or offline, that could create the false impression that you are acting on behalf of or for the benefit of Pagato.
You understand that there is no employment relationship between Pagato and the Service Providers. The Company has no involvement or control in the selection process, hiring, training, discipline, evaluation, supervision, assignment of tasks and compensation of the Service Providers. The Service Providers are not employees, independent contractors, partners or agents of Pagato, and Pagato is not an agent, partner, client, of nor does it employ any Service Provider. Pagato does not endorse or recommend any specific Service Provider, nor does it enter into any form of agreement pertaining to the provision of Laborer Services by a Service Provider. The Company does not direct or control the Labored Services offered or provided by Service Providers. You acknowledge that the decision of when and how to offer Labored Services, and at what price and on what terms, shall be entirely determined between yourself and the Service Provider at your sole discretion. The Company cannot be held responsible for the quality of the Labored Services offered and/or provided by the Service Providers. Pagato shall not be held liable for any action or omission committed by a Service Provider.
5. Intellectual Property Rights and Ownership
You understand and agree that the Sites and their entire content, features, and functionality designed, developed or otherwise created or owned by Pagato, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Pagato, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Pagato name and logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Pagato or its affiliates or licensors. You must not use such marks without Pagato’s prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Sites are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action .
Businesses are not permitted to modify copies of any materials from the Sites nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.
If you print off, copy or download any part of our Sites in breach of these Terms and Conditions, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Sites or to any content on the Sites, and all rights not expressly granted are reserved by Pagato. Any use of the Sites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
6. Communicating with You
By providing your phone number and using the Sites, you are agreeing that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Laborer Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Sites.
You agree that we may send you confirmation and other communications regarding the Laborer Services you have advertised. We may also send you emails about services that we think might interest you (“Promotional Emails”) if you have provided your consent to receive the same. You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
Our primary form of communication with you about your account, your use of the Sites and all Laborer Services related thereto will be by email. By using the Sites to solicit any Laborer Services, you agree that all communications related to your use of the Sites, the Laborer Services and any other related information may be provided to you electronically and, unless we choose otherwise, electronically only.
7. Business Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Sites only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a Business submits, posts, publishes, displays, or transmits (collectively, "submit") to the Sites or to Service Providers ("Business Submissions") and any and all Interactive Functions. Any and all Business Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Sites and any Business Submissions shall not:
(a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy [www.pagato.ca/legal/privacy-policy-businesses] and [www.pagato.ca/legal/privacy-policy-service-providers].
(b) In any manner violate the terms of use of any third-party website that is linked to the Sites.
(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable or otherwise promoting, encouraging or advocating for such material or statements, such determination to be made in Company's sole discretion.
(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
(e) Involve, provide, or contribute any false, inaccurate, fraudulent, misleading or unlawful information, materials or content, including relating to the distribution or furnishing of counterfeit, illegal or otherwise unlawful items and services.
(f) Impersonate or attempt to impersonate Pagato, a Pagato employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(g) Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(h) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm Pagato or users of the Sites or expose them to liability.
(i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(j) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(k) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.(l) Use the Sites to find and solicit a Service Provider who is also using the Sites, and then conduct business with such Service Provider by not using the Sites in order to circumvent any obligation to pay service fees related to the use of the Pagato Sites to coordinate the provision of Laborer Services or for any other reason. Notwithstanding the foregoing, Pagato recognizes it is possible for a Service Provider to be hired as an employee by a Business after having provided Laborer Services to such Business a first time, provided all applicable Administrative Fees are paid to Pagato for the initial Laborer Services provided.
(m) When providing a review regarding a Service Provider, contain any inaccurate, false or misleading information regarding such Service Provider. Any review you make must be independent, honest and not done in bad faith, and must only reflect your opinion.
(n) Result in the advertisement or offer to sell of any goods or services for a commercial purpose, solicitation of employment or contract work not directly related to Laborer Services. Any solicitation, advertisement for or contact with Businesses or other Service Providers for the purpose of employment or contracting not related to Laborer Services is strictly prohibited without our prior written consent. Pagato has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set forth in these Terms and Conditions, Pagato may take a range of actions against you, including but not limited to removing or disabling access to any or all of the Interactive Functions including, without limitation, cancelling your request(s) for assistance or account, for a violation of these Terms and Conditions.
8. Cancellation Policy
Businesses can cancel advertised Laborer Services at any time without incurring any cancellation fees. In the event a Business cancels advertised Laborer Services 24 hours or less before the starting time of such Laborer Services, the Business’s Pagato Score may, at Pagato’s sole discretion, be negatively impacted. Businesses should reach out to Pagato’s support team if they believe they have reasonable justification for the cancellation. Please see Section 12 “Pagato Score System” for more details on how the Pagato Score is determined.
9. Conditions of Use: Business
Pagato is not responsible for the accuracy of any information offered by Service Providers on their profile, nor does Pagato confirm the validity of any such information. By using the Pagato Sites, you understand that it is your responsibility as a Business to confirm the capacity of a Service Provider to perform the Laborer Services you have advertised and requested.
We do not tolerate harassment on the Sites. We provide Businesses and Service Providers the ability to connect securely via our Sites to discuss details of any services that may be provided by a Service Provider to a Business. You understand and agree that no form of harassment, bullying, or verbally violent rhetoric will be allowed. This includes, without limitation, repeatedly contacting a person if it is clear that they wish contacts to stop, calls for death or physical harm, and defamatory, malicious or rude language. Pagato reserves the right to ban, without any prior notice, any Business in breach of this obligation.
You understand and agree that, subject to the Privacy Policy, Pagato does not collect, access, or otherwise process any personal information which may be disclosed to a Service Provider, and shall not be held liable for any damage which you may experience, directly or indirectly, as a result of such disclosure.
10. Business Submissions: Disclaimer of Liability
The Sites may contain Interactive Functions allowing Business Submissions on or through the Sites. You understand and agree that you, not Pagato, are fully responsible for any Business Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Business Submissions submitted by you or any other user of the Sites.
11. Complaints
Pagato shall not be held responsible for any issues or complaints you may have with regards to the quality of the Laborer Services provided by a Service Provider or the Laborer Services provided otherwise being to your satisfaction, nor will Pagato be a party to any form of dispute resolution, mediation or judicial proceedings instigated with regards to a complaint made pertaining to the quality of Laborer Services provided by a Service Provider. For further clarity, Businesses recognize they do not have any recourse against Pagato with regards to the Laborer Services provided by a Service Provider.
12. Pagato Score System
Pagato uses a score system pursuant to which each Pagato user, whether a Business or Service Provider, is attributed a score (the Pagato Score), which is dynamic and fluctuates based on various criteria such as their interactions with other Pagato users, punctuality, quality of the Laborer Services provided (in the case of Service Providers), work environment (in the case of Businesses), reviews of such Pagato user left by other Pagato users, etc. The Pagato Score will be available to all Pagato users on such user’s Pagato profile.
Pagato will have access at all times to Pagato Scores. At its sole discretion, including without limitation in the event a Business’s Pagato Score does not reflect Pagato’s values, is too low or is consistently subject to extreme fluctuation, Pagato may, at its sole discretion, suspend or terminate a Business’s access to the Pagato platform depending on such Business’s Pagato Score
13. Site Monitoring and Enforcement, Suspension, and Termination
Pagato has the right, without provision of notice, to:
• Remove or refuse to post on the Sites any Business Submissions for any or no reason in our sole discretion.
• At all times, take such actions with respect to any Business Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Sites. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.
•Terminate or suspend your access to all or part of the Sites for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS PAGATO, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY PAGATO AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER PAGATO, SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Sites or their use, and do not and cannot undertake to review material that you or other users submit to the Sites. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
14. No Reliance
Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Sites is accurate, complete, or up to date. Your use of the Sites is at your own risk and neither Pagato nor its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of these Sites.
The Sites review program is provided “as is”, without warranty of any kind, either express or implied. Pagato makes no warranty regarding the accurateness of the representations and information provided by the Service Providers, as the case may be, and the quality of any Service Providers or the services provided to a Business nor to a Business’s working conditions or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the Sites.
You understand that Pagato will not make any attempt to verify the statements, certifications and/or other information provided by Service Providers. Pagato makes no representations or warranties as to the conduct of users of the Sites or their compatibility with any current or future users of the Sites. You agree to take reasonable precautions in all communications and interactions with other users of the Sites and with other persons with whom you communicate or interact as a result of your use of the Sites, including, but not limited to, Service Providers. Pagato explicitly disclaims all liability for any act or omission of any third party.
The Sites include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Pagato, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Pagato. Pagato has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
15. Service Disruptions
You understand that Pagato may be required to perform scheduled or unscheduled maintenance on the Sites, and that such maintenance may cause a complete or partial interruption of services available on the Sites. You acknowledge and agree to not hold Pagato liable or accountable for any interruption of services and any delays or damages that may result from the interruption. You also acknowledge and agree to not hold Pagato liable or accountable for any interruption of service or loss of personal or commercial information due to events such as war, strike, flood, power failure, destruction of facilities, server failure, software bugs, hacking or other such occurrences.
16. Privacy
By submitting your personal information and using our Sites, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for the use of the Sites and provision of services.
By submitting your personal information and using our Sites, you consent to allowing us to contact you for various purposes, as further described in our Privacy Policy.
17. Third-Party Websites
For your convenience, these Sites may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Sites. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
18. Payment
Any payment required in relation to the use of the Sites shall be conducted via a third party, Zūm Rails Inc. Pagato shall not be involved in any payment facilitation processes and shall not be held responsible for any issue relating to payment for the use of the Sites, subject to any agreement to the contrary it may have with Zūm Rails Inc. You are responsible for becoming familiar with and reviewing any Zūm Rails Inc. privacy policy and/or conditions of use prior to making any payment via Zūm Rails Inc.
Each Business shall establish the hourly pay provided to Service Providers for the Laborer Services they will perform for such Business. Any amounts owed by a Business to a Service Provider in consideration for Laborer Services provided (the “Laborer Services Cost”) shall be processed by Zūm Rails Inc. and transferred to such Service Provider directly. In addition to the Laborer Services Cost, administrative fees representing 45% of the total of the Laborer Services Cost, as consideration for your use of the Sites (the “Administrative Fee”), shall be payable to Pagato, along with any Goods and Services Tax (GST), Harmonized Sales Tax (HST) and other sales taxes that may apply to the Laborer Services Cost and the Administrative Fee. The Laborer Services Cost and Administrative Fee paid by a Business shall be processed simultaneously by Zūm Rails Inc., who shall transfer such amounts payable to the Service Provider or Pagato, as the case may be.
Pagato shall not store or otherwise process any information provided by a Business when paying for Laborer Services.
19. Geographic Restrictions
The owner of the Sites is based in Quebec, Canada. We provide these Sites for use only by persons located in Canada. The Sites are not intended for use in any jurisdiction where their use is not permitted. If you access the Sites from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
20. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER PAGATO NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITES OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER PAGATO NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITES AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.
21. Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL PAGATO NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, THEFT OF ANY KIND, FRAUD, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITES, ANY LINKED WEBSITE OR SUCH OTHER THIRD-PARTY SITES, NOR ANY SITES CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
22. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Pagato, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Sites, including, but not limited to, your Business Submissions, third-party sites, any use of the Sites' content, services, and products other than as expressly authorized in these Terms and Conditions.
23. Governing Law and Choice of Forum
The Sites and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Sites and under these Terms and Conditions will be instituted in the courts of the Province of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
24. Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
25. Severability
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
26. Entire Agreement
The Business Terms and Conditions and Privacy Policy constitute the sole and entire agreement between you and Pagato regarding the Sites and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
27. Reporting and Contact
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Pagato under the Terms and Conditions, please contact Pagato by delivery in person, by courier or by the mail, at 810-1055 Rue Lucien-L'Allier, Montréal, QC H3G 3C4, Canada, by email at info@pagato.ca or by using the Sites integrated messaging system. Pagato may provide notices or communications to you on the Sites and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
