Terms of service

Last updated : December 9, 2020

Your account

Eligibility

You must be a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be 18 years of age or older.

Registration information

To use our Products, you will need to register for an account. Any registration information you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account. You accept full responsibility for any errors or inaccuracies in the information you must provide for your account and for actions performed using your account.

Password

You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. 

Restrictions

You may not use our service for any illegal or unauthorized purpose.

Cancellation of your account

We want satisfied customers, not hostages. That’s why we make it easy for you to cancel your account directly in all of our Services — no phone calls required, no questions asked. Yet, you are solely responsible for properly canceling your account. To cancel your account, send an email to cancellation@happytenders.com. Our legal responsibility is to account owners, which means we cannot cancel an account at the request of anyone else. If for whatever reason you no longer know who the account owner is, contact us. We will gladly reach out to any current account owners at the email addresses we have on file.

Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the account owner to our team for a 30-day period. Cancelled accounts cannot be recovered or restored following this 30-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Termination of your account

In our sole discretion, we have the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.

Payment & refunds

If you are on a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. See our Cancellation policy for more details.

Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies. You agree to pay for any taxes that might be applicable to your use of our platform or payments made by you in connection with your use of our platform.

Submitted Ideas

When you submit any ideas, suggestions, documents and/or proposals relating to the Service to our team, you acknowledge and agree that:

  1. your contributions do not contain confidential or proprietary information;
  2. we are not under any obligation of confidentiality, express or implied, with respect to the contributions;
  3. we shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way;
  4. we may have something similar to the Contributions already under consideration or in development;
  5. your contributions automatically become the property of our team without any obligation of Happy Tenders to you; and
  6. you are not entitled to any accounting, compensation or reimbursement of any kind from our team under any circumstances.

Features and bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Modification to the Service and Prices

Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.

Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using our Service. Your continued use our Services following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Service, including the release of new tools and resources, will be subject to these Terms of Service.

Limited license

Subject to the terms and conditions of this Agreement, Happy Tenders grants you a non-exclusive, non-sublicenseable and non-transferable license to use the service, solely for the term of this Agreement.

Applicable law

This Agreement and any controversy, claim or dispute arising under or related to these Terms of Service shall be governed by and construed in accordance with the laws of the province of Quebec and the laws of Canada that apply hereto, without reference to the conflict-of-law provisions of private international law. 

You irrevocably consent to the exclusive jurisdiction of the courts of Québec and the federal courts situated in Québec in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.

Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our best through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Service, please contact our Support team.

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