OUR TERMS AND CONDITIONS

TERMS OF USE – PARTAXPRESS

Last Update:  2021-10-23

Welcome to the PartaXpress website (hereinafter referred to as the “Platform”), operated by Dogfobena Alex Meda, doing business as PartaXpress (hereinafter “PartaXpress” or “we”).

In order to use the Platform, you must abide by certain rules and terms which are set forth in these Terms of Use, which form a binding contract between the visitor or user using the Platform (hereinafter “you” or the “user”) and PartaXpress.

By using the Platform, you accept to be bound by these Terms of Use. You may prefer not to be bound by these Terms of Use; in which case you must immediately stop using the Platform.

1.    Use of the Platform

The Platform is a platform to connect individuals who wish to offer their services to other individuals (the “Purpose“). Users can post services on the Platform as a service seller and can also request and search for services as a service seeker.

The Platform is offered to facilitate exchanges between individuals wishing to offer services and service seekers. PartaXpress shall not be considered the agent or representative of Platform users in their contractual relationships. Any agreements entered into by users between themselves are done so entirely without liability on the part of PartaXpress for the obligations of users to other users. By using the Platform, you release PartaXpress and its employees and agents from any liability for damages you may suffer in connection with the services posted on the Platform, except to the extent that such damages are caused solely and directly by the gross negligence or intentional misconduct of PartaXpress.

2.    User account

To be able to use the Platform, either as a seller or as a service seeker, you must create a user account. You warrant to us that the information you provide to create your user account is valid and accurate.

You may not share your account with any other person and you must keep your password confidential at all times. You are responsible for all actions taken by you in accessing your user account using your password.

3.    Services

You make a commitment to PartaXpress to provide your services as described on the Platform.

Without in any way limiting your responsibility to comply with any applicable law and these Terms of Use, you agree to us that you will not post any services that:

  • Constitute activities for which you do not have the necessary permit or license;
  • Talk about sex, alcohol, weapons or any other activity which could be harmful to the public safety or well-being.
  • Violate applicable laws and regulations in any way.

 

PartaXpress only verifies the users identify before they can post their services on the Platform. It is your responsibility to perform all the other necessary verifications before entering into a contract with another user of the Platform. We recommend that you take precautions before sending payment for services. You acknowledge that you will not be able to obtain a refund or any other remedy from PartaXpress with respect to services obtained from another user. You waive any recourse against PartaXpress for payments you make or payments due to you for services offered through the Platform.

Users are responsible for ensuring that persons providing services have the necessary qualifications, licenses and authorizations to perform the services.

4.    Access to the Platform

While we aim to make the Platform available at all times, we cannot guarantee that you will be able to access it without interruption. We may disable the Platform from time to time. The Platform may also be changed, updated, interrupted, suspended or discontinued at any time without notice or liability. PartaXpress will not be liable if all or any part of the Platform is unavailable at any time, for any duration. PartaXpress cannot and does not make any representations or warranties regarding any device you may use to access or use the Platform, including with respect to compatibility.

We may, in our sole discretion, suspend or terminate your access to all or part of the services available through the Platform for any reason, including, without limitation, failure to comply with the Terms of Use. Any suspected abusive or illegal activity may be grounds for terminating your access to the Platform.

5.    Our Content

PartaXpress remains the owner or authorized licensee of all right, title and interest in the Platform, including all intellectual property rights therein.

You may not modify, copy, distribute, perform, transmit, transfer, display, provide, reproduce, publish, or sell any portion of the Platform, its content, source code, object code, or any other work product of the Platform other than in accordance with these Terms of Use. You may not license or sublicense the Platform or any content available through the Platform without our prior written permission.

You may not use any photos, text, logos or trademarks reproduced in the Platform that do not belong to you without our prior written permission.

We grant you a limited, revocable, non-transferable and non-sublicensable license to use the Platform, but only in accordance with these Terms of Use.

6.    Fees and Billing

You agree to pay PartaXpress the applicable fees for the package selected when subscribing to the Platform. If you change your subscription during a billing period and the applicable Fee for the new subscription is higher, the difference will be applied to the next payment, prorated for the number of days remaining in the billing period. If the Fee for the new subscription is lower, you will receive no refund.

The Fees do not include applicable taxes, including but not limited to sales, value-added, goods and services, special and harmonized taxes.

You are responsible for all applicable taxes arising from or resulting from its subscription to the Platform with the exception of taxes levied on the income of PartaXpress and its affiliates. To the extent PartaXpress charges such taxes, they will be calculated using the applicable tax rates based on the billing address you provided. These amounts are in addition to any fees payable and will be charged to your payment method. If you are exempt from paying taxes, you must provide proof of such exemption, which in some jurisdictions includes an original certificate, which meets the applicable legal requirements attesting to the exemption status. Any tax exemption will apply only as of the date PartaXpress is satisfied with the satisfactory proof of exemption, in its sole discretion. If PartaXpress does not charge taxes, you are responsible for determining whether any taxes are due, and if so, for remitting any applicable taxes to the appropriate taxing authorities in your jurisdiction.

If your have provided PartaXpress with information regarding a payment method, you authorize PartaXpress to charge and debit that payment method in accordance with these Terms of Use for the applicable Fees based on the subscription you selected. The payment method will be debited automatically at the beginning of each billing period and an invoice will be issued in your name.

To the extent that the applicable Fees are variable based on the terms of the subscription you selected, you expressly waives the right to receive advance notice of the amount to be debited to the payment method before a payment is debited.

If your payment method cannot be debited for any reason, PartaXpress will send you a written notice and may suspend your access to the Platform 10 days after sending such notice if you fail to make full payment of the Fees due.

Any amount payable to PartaXpress and not paid within 30 days of the due date will bear interest at the rate of 18% per annum, compounded monthly.

7.    Personal Data

We collect personal data through the Platform. To use the Platform, you must consent to the collection, processing and disclosure of your personal data in accordance with our Privacy Policy. By accepting these Terms of Use, you declare that you have read our and that you give us your consent.

Under certain circumstances, the collection and processing of personal data is subject to your specific consent, which may be withdrawn at any time, as provided in our policy.

 

8.    User generated content

You acknowledge that PartaXpress is authorized to copy, distribute, and otherwise use any content, work, material, logo, or trademark that you upload to the Platform or that you post on the Platform, including as a vendor or service seeker (collectively, “User Content“). To the extent that any User Content incorporates your image, you agree that such image may be posted on the Platform from the time you upload your image to the Platform.

You are responsible for any User Content that you post using the Platform. You must ensure that your User Content complies with the law. You warrant to us that your User Content does not infringe the rights of any other person or entity, including intellectual property rights.

We may remove any User Content that does not comply with these Terms of Use or that we deem inappropriate in our sole discretion. However, we do not routinely monitor User Content shared on the Platform and we assume no responsibility for User Content made available through the Platform. We invite you to report any content that you feel is inappropriate.

9.     Hyperlinks

The Platform may contain hyperlinks to other sites owned and operated by third-parties (“Third-Party Sites”). We have no control over Third-Party Sites and disclaim all liability as to the content provided on such sites. Hyperlinks are provided as a courtesy to facilitate browsing and shall not be construed as an endorsement or approval by PartaXpress of any Third-Party Site or any content it may render available.

Terms and policies applicable to third-party websites and web pages related to PartaXpress, namely for the creation of your PartaXpress Account via third-party social networking services and our Facebook and LinkedIn pages, for example may be different from these Terms of Use and in some case could be under the control of third-parties. You should review any such terms or policies before visiting or using related websites or web pages.

 

10.      Suggestions

Where you chose to contact us about improvements to the Platform or to the services offered through the Platform (such communications being hereinafter designated as “Suggestions”), you authorize us to use the Suggestions without restrictions.

You hereby assign in our favour all rights, title or interests in and to the Suggestions, irrevocably waive all moral rights you may hold with respect to the Suggestions and undertake to provide the assistance we may seek in order to document, develop and retain our rights, title or interest in and to the Suggestions. You warrant that your Suggestions contain no information that is confidential or proprietary to third parties. You acknowledge that (i) we have no expressed or implied obligation of confidentiality with respect to your Suggestions; (ii) we are authorized to use or disclose (or choose not to use or disclose) your Suggestions for any purpose whatsoever, in any way whatsoever, on any medium whatsoever, anywhere in the world; (iii) we may already have considered or be in the process of developing elements identical or similar to those mentioned in your Suggestions; and (iv) you will not be compensated in any way with regards to our use of the your Suggestions.

 

11.      Forbidden Use

Prohibited Actions

You may not use the Platform for any purpose that is unlawful or prohibited under these Terms of Use.

Without limiting the generality of the foregoing, you are prohibited from, among other things:

  1. use the Platform other than for the Purpose or for an illegal purpose or in a manner that violates applicable laws and regulations in Canada or in any jurisdiction where the Platform is used;
  2. upload or otherwise transmit through the Platform any material that is unlawful, harassing, false, misleading, defamatory, abusive, profane, threatening, vulgar, obscene, sexually explicit, pornographic, contains malicious computer code, is unrelated to the Purpose, is likely to interfere with the operation of the Platform, or is otherwise harmful to users of the Platform
  3. use the Platform to infringe or facilitate the infringement of any third party’s intellectual property rights (including uploading any content to which you do not have the rights);
  4. reverse engineer, decompile or disassemble the Platform in whole or in part, or create derivative works of or sublicense any rights in the Platform or attempt to do so or provide your assistance in any third-party effort to do so;
  5. modify or alter in any way the Platform or participate in any such third-party effort; and
  6. access, copy, reproduce or attempt to access, copy or reproduce the Platform or its source code.

Standards of Conduct

The Platform allows for exchanges between users. We do not monitor these exchanges and each user is responsible for conducting himself or herself in a manner that is respectful of others. If you feel that a user’s behavior is inappropriate, please contact us.

 

12.      Term and termination

The agreement created by these Terms of Use remains in effect for as long as you use the Platform. We may terminate your access to the Platform at any time and without notice to you in our sole discretion and without any indemnity, compensation or damages whatsoever, if you fail to comply with the terms of use of the Platform or make any unauthorized use of it. We may also terminate this Agreement at any time for any other reason by giving you written notice and refunding any prepaid portion of your subscription to our services.

13.      Disclaimer of Warranty

Use of the Platform and the services offered through it is at your own risk. The Platform is provided “as is” and without warranties of any kind, whether express or implied.

While it is always a priority to provide outstanding service, PartaXpress cannot and does not guarantee that access to the Platform and the services offered by or through it will be uninterrupted and secure and that the content available through the Platform will be error-free, accurate, complete and up-to-date.

All materials and/or data uploaded, downloaded or otherwise obtained through the use of the Platform are done so at your discretion and risk. PartaXpress does not warrant that such material is free of viruses or other destructive code that may damage or contaminate your computer equipment or other property. You will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading such material and/or data through the Platform.

14.      Limitation of Liability

To the full extent permitted under applicable law, under no circumstances will PartaXpress be liable for any damages, whether direct, indirect, punitive, incidental, special, consequential or of any kind whatsoever, including, without limitation, damages for loss of data or profits arising out of the use or performance of the Platform, the inability to use the Platform or the services provided through it, whether such liability is based on a contract, tort, negligence, strict liability or otherwise, even if we have been made aware of the possibility of damages. If you are dissatisfied with any section of the Platform, or any portion of these terms and conditions, your sole and exclusive remedy is to stop using the Platform.

15.      Indemnification

You agree to indemnify, defend and hold harmless PartaXpress, its affiliates, directors, officers, shareholders, employees, mandataries and licensors with regards to any claim, loss, damage, responsibility, fees and penalty, including reasonable legal fees and disbursements, arising from your use of the Platform or any alleged violation of these Terms of Use on your part.

16.      Governing Law

These Terms of Use and any related operations shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be interpreted in accordance with these laws.

Any dispute, controversy or claim arising from these Terms of Use or from your use of the Platform and the services provided thereby shall be adjudicated by a competent court of the Province of Quebec, sitting in the judicial district of Montreal, thereby excluding any other forum in any jurisdiction.

17.      No Waiver

PartaXpress’ failure to insist upon strict performance of any of your obligations under these Terms of Use, or PartaXpress’ failure to exercise any of its rights or remedies under these Terms of Use, will not constitute a waiver of such rights or remedies and will not relieve you of such obligations.

18.      Assignment

You may not assign or otherwise transfer your rights and obligations under these Terms of Use to any other person without our prior written consent.

We may assign our rights and obligations under these Terms of Use to any person without your consent.

  1. Modification

We may amend these Terms of Use at any time by making the amended Terms of Use available on the Platform.

The amended terms of use will become effective immediately and you must accept them the next time you log on to the Platform. The date of the last update is indicated at the beginning of these Terms of Use.

  1. Contacting Us

We welcome your questions, comments and feedback regarding these Terms of Use. If you have any questions, please feel free to write to us at the following email address:

[email protected]