Terms & Conditions
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myPERI TERMS OF USE LAST UPDATE: March 2023
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE ARE A BINDING AGREEMENT BETWEEN YOU AND PERI FORMWORK SYSTEMS, INC. (AND ITS AFFILIATES) (COLLECTIVELY, “PERI” “WE” OR “US”). THESE TERMS OF USE GOVERN YOUR USE OF AND ACCESS TO THIS MYPERI PORTAL (THE “PLATFORM”) AND THE INFORMATION, DATA, TEXT, IMAGES, OR OTHER CONTENT ON THIS PLATFORM (COLLECTIVELY THE “CONTENT”). THESE TERMS OF USE EXEMPT PERI FROM LIABILITY AND/OR LIMITS ITS LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU MUST READ AND ACCEPT BEFORE USING THIS PLATFORM. THIS PLATFORM IS PROVIDED BY PERI SOLELY FOR THE LIMITED PURPOSES IDENTIFIED IN THESE TERMS OF USE AND ITS USE BY YOU IS CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS OF USE SET FORTH BELOW.
1.Your Access to this Platform
By visiting or using this Platform, including without limitation to access, use, view and/or download Content, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by these Terms of Use for each use of and each visit to this Platform. If you do not agree to abide by these Terms of Use, do not use this Platform.
PERI has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Platform. It is your responsibility to check these Terms of Use regularly to determine whether any changes have been made. Please check these Terms of Use frequently for updates by checking the date of the “Last Update” at the top of these Terms of Use. If any term, condition or change to these Terms of Use is not acceptable to you, you must discontinue your use of this Platform immediately. Your continued use of this Platform after any such changes are posted will constitute acceptance of those changes. These Terms of Use apply exclusively to your use of this Platform and do not alter the terms or conditions of any other agreement you may have with PERI. It is your responsibility to maintain a copy of these Terms of Use. We recommend that you download a copy of these Terms of Use on the day you agree to them and after each update provided by us.
PERI may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Platform, including (i) changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, this Platform; (ii) adding, removing or changing any fees or charges for use of this Platform or any features of this Platform; and (iii) removing, adding, modifying or otherwise changing any Content on this Platform. PERI reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Platform at any time without notice, but confirms that it has no duty to do so. PERI will also have the rights to terminate your use of this Platform that are set out below under the heading “Termination of Your Use”.
You agree to have these Terms of Use and any related information made available to you, and to otherwise have communications between you and PERI occur, electronically.
2. Limited License
You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your device, print and download and use the Content of this Platform only for informational purposes and solely for your own internal company use. You may not modify any Content that you use. You must include with any display or copy of the Content its copyright notice. No other use is permitted.
All rights not expressly granted by these Terms of Use are reserved to PERI.
3. Accounts and Registration Information
In order to use the Platform, you must register for an account (an “Account” and each Account holder, a “User”). All information that you provide to PERI to register to use this Platform, including your name and email addresses, must be true, accurate, current and complete. You must also contact PERI with updated registration information promptly upon the occurrence of any change in such information.
PERI will rely on the information you provide. You will be responsible for any and all loss, damage or additional costs that you or PERI may incur as a result of (i) your submission of any false, incorrect or incomplete information; or (ii) your failure to update your registration information promptly upon the occurrence of any change in such information.
You acknowledge that you are solely responsible for maintaining the confidentiality of your Account password, and that you (and not us) will be responsible for any loss resulting from any unauthorized access to or use of your Account – including (without limitation) losses by other Users. You agree to immediately notify us of any unauthorized access to or use of your Account.
PERI recommends that you use a strong password, that you change it frequently and that you do not reuse passwords. You agree not to disclose your username or password to any third party. PERI may reject or require that you change your password.
4. Restrictions
You shall not:
(a) resell any Content;
(b) include any Content in or with any product that you create or distribute;
(c) copy any Content onto your own or any other website;
(d) use this Platform in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Platform, system resources, Accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Platform (including without limitation uploading, posting or otherwise transmitting on this Platform computer viruses, Trojan horses, worms or other files or computer programs that are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Platform’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Platform or the Content in whole or in part);
(e) use this Platform or the Content in a manner that infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights and other intellectual property rights);
(f) use this Platform or the Content in any data matching or data mining, including without limitation the collection or use of information about other Users (including their email addresses) without their consent;
(g) use this Platform or the Content in any manner that is unlawful (including by accessing this Platform from any location where such access may be illegal or prohibited), unethical, indecent, fraudulent, deceptive, harmful or is otherwise objectionable or that does not respect the legal rights and interests of others;
(h) use this Platform or the Content in any manner that may:
(i) dilute or depreciate the name and reputation of PERI or its Marks (as defined below);
(ii) interfere with any other persons’ use and enjoyment of this Platform or of the Internet generally;
(iii) result in the circumvention or breach of any User authentication, password, security or control measures regarding this Platform or any other Internet resource or computer system;
(iv) result in the unauthorized access to other Users’ PERI Accounts and materials (including materials posted to this Platform) or interference with any other person’s use and enjoyment of this Platform; or
(v) conceal or misrepresent the author or origin of any communication, or impersonate any person, or falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any PERI representative.
5. Proprietary Rights
This Platform and the Content are protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Platform or the Content by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Platform and to prevent any unauthorized copying of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Platform, including without limitation “myPERI”, constitute trademarks, trade names, trade dress and/or associated products and services of PERI (the “Marks”), and are protected in Canada and internationally and their display on this Platform does not convey or create any licence or other rights in the Marks. Any use of any of the Marks, in whole or in part, or of the trademarks, trade names, trade dress and/or associated products and services of any PERI supplier or other third party that are accessible via the Platform without prior written authorization of PERI or such third party is strictly prohibited.
Other trademarks, trade names, trade dress and associated products and services mentioned on this Platform may be the trademarks of their respective owners. The display of these trademarks, trade names, trade dress and associated products and services on this Platform does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
6. Linked Platforms
Certain links on this Platform may take you to third-party websites and content available over the Internet. PERI provides these links only as a convenience. PERI is not responsible for the content of any such linked pages. PERI makes no representation or warranty regarding, and does not endorse, any linked pages, the information appearing thereon or any of the products or services described. If you use these links, you will leave this Platform. If you decide to visit any linked page, you do so at your own risk. It is your responsibility to take all protective measures to guard against viruses and other risks .
7. User Communications and User Submissions (Solicited and Unsolicited)
Any communications sent by or to you via this Platform or otherwise to PERI, whether solicited by PERI or otherwise, are on a non-confidential basis (other than personal information which is covered under the PERI Privacy Statement), and PERI is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. PERI shall be free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trademark, patent, unfair competition, moral rights or implied contract) and you hereby waive such moral rights in favour of PERI as well as the right to receive any financial or other consideration in connection with such communication.
PERI does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans or new product names (“Submissions”).
However, if you do send Submissions to PERI you automatically grant to PERI and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of PERI or its successors or assigns, and you agree, represent and warrant that you shall waive all moral rights (including the right to be associated with the Submission) in the Submissions upon their submission to PERI.
8. Fees and Charges
This Platform is currently available to you free of charge. Where applicable, you are responsible for paying all fees and charges associated with using this Platform, including any applicable taxes. All amounts appearing on this Platform are quoted in Canadian dollars.
PERI reserves the right to change the fees and charges associated with this Platform at any time and from time to time without any notice or any liability to you or any other person.
9. Disclaimers
PERI MAKES REASONABLE EFFORTS TO ENSURE THAT THE CONTENT IS ACCURATE AT THE TIME IT IS POSTED ON THIS PLATFORM, HOWEVER PERI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS PLATFORM (IN THIS SECTION 9, THE “PLATFORM” SHALL INCLUDE THE CONTENT) AND YOU ACKNOWLEDGE AND AGREE THAT THIS PLATFORM IS PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS; AND THAT ANY USE OF OR RELIANCE ON THIS PLATFORM SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, PERI AND ITS AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES (“PERI REPRESENTATIVES”), DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (I) ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (II) THAT THIS PLATFORM WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR DEVICE OR RELATED EQUIPMENT, OR SOFTWARE; (III) THAT THE CONTENT IS ACCURATE, RELIABLE, AUTHENTIC, CURRENT OR COMPLETE; OR (IV) THAT THIS PLATFORM WILL CONTINUE TO OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
IN ADDITION, PERI MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT AT THIS PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE AT ANY LOCATIONS OUTSIDE CANADA. ACCESSING THE CONTENT FROM LOCATIONS WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS PLATFORM FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
YOUR USE OF THIS PLATFORM, INCLUDING ANY CONTENT, MATERIALS, DATA OR INFORMATION POSTED, SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS PLATFORM, IS AT YOUR OWN RISK. YOU SHOULD KEEP YOUR OWN BACKUP COPIES OF ALL MATERIALS YOU MAY USE, OR ALLOW OTHERS TO USE, IN CONNECTION WITH THIS PLATFORM, INCLUDING CONTENT AND MATERIALS POSTED TO THIS PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL EQUIPMENT AND SOFTWARE YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THIS PLATFORM, INCLUDING ALL COMPUTERS AND RELATED EQUIPMENT, AND SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR, AND BEAR ALL RISKS AND LIABILITIES ASSOCIATED WITH, ALL CONTENT AND MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THIS PLATFORM, INCLUDING MATERIALS POSTED TO THIS PLATFORM. YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY OTHER PERSON ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR USE OF THIS PLATFORM, YOUR BREACH OF THESE TERMS OF USE, YOUR VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHERS, OR YOUR VIOLATION OF ANY APPLICABLE CIVIL OR CRIMINAL LAW. YOU ARE SOLELY RESPONSIBLE FOR THE MANNER IN WHICH THE MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THIS PLATFORM, INCLUDING CONTENT AND MATERIALS POSTED TO THIS PLATFORM, ARE USED BY OTHER USERS OF THIS PLATFORM. PERI DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ALL SUCH MATTERS.
10. Limitation of PERI’s Liability
YOU AGREE THAT IN NO EVENT WILL PERI OR ANY PERI REPRESENTATIVES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS PLATFORM (IN THIS SECTION 10, THE “PLATFORM” SHALL INCLUDE THE CONTENT) TO YOU OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OR DAMAGES WHATSOEVER, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS PLATFORM, ANY CONTENT OF ANY LINKED SITE, OR FAILURE OF SUCH SITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH SITES OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH SITES) EVEN IF PERI OR ANY PERI REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
11. Your Liability
You agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Platform and the Content, and that you will comply with all laws that apply or may apply to your use of or activities on this Platform or in respect of the Content. PERI may investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations. PERI reserves the right at all times to disclose any information (including your personal information and Account information) regarding your usage of this Platform (including any perceived violations of applicable law) as necessary to satisfy any law, regulation or governmental request.
12. Indemnity
You agree to indemnify and hold PERI and its respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of this Platform and the Content, your violation of these Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.
13. Choice of Law
This Platform is controlled, operated and administered by PERI from its offices within the Province of Ontario, Canada. By accessing this Platform, you agree that all matters relating to the access to, or use of, this Platform shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any dispute between PERI and you or any other person arising from, in connection with or relating to this Platform or the Content, these Terms of Use or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
14. Termination of Your Use
If you breach any provision of these Terms of Use, then you may no longer use this Platform or the Content. PERI, in its discretion, shall determine whether these Terms of Use have been violated.
PERI may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your Account or your authorization to use this Platform; (ii) suspend or terminate and permanently delete and destroy any User ID, password, URL, IP address or domain name, or any materials on your Account; (iii) remove from this Platform and permanently delete and destroy any materials on your Account; (iv) restrict access to your Account and the materials thereon; and (v) bar you from any future use of this Platform and the Content; all without any prior notice or any liability to you or any other person. You agree that upon the occurrence of any such event or if your use of this Platform or the Content is otherwise terminated, these Terms of Use will continue to apply and be binding upon you in respect of your prior use of this Platform and the Content.
15. General
These Terms of Use constitute the entire agreement between PERI and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between PERI and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. PERI’s failure to insist upon or enforce strict performance of any provision of these Terms of Use or any right shall not be construed as a waiver of any such provision or right. You and PERI are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Use or your use of this Platform or the Content.
The provisions of these Terms of Use will enure to the benefit of and be binding upon PERI and its respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign these Terms of Use or your rights and obligations under these Terms of Use without the express written consent of PERI, which may be withheld in PERI’s sole discretion. PERI may assign these Terms of Use and their respective rights and obligations under these Terms of Use without your consent.
16. Notices
Notices or communications to PERI in connection with these Terms of Use must be in writing and must be sent to PERI by email: info.myperi@peri.ca, or by registered mail: PERI Formwork Systems Inc. 45 Nixon Road, Bolton, ON, L7E 1K1, to the attention of: myPERI. Notices to you from PERI may be sent by either email to the email address supplied for your Account or by courier or regular pre-paid post to the postal address supplied for your Account. Notices will be deemed to be received upon the earlier of: (a) two business days after deposit with a nationally recognized overnight courier; (b) ten business days after deposit in the U.S. or Canadian postal mail, provided that if there is a slow-down or other labour dispute which affects the delivery of a notice by mail then it will be deemed to be received by the receiving party at the actual time of delivery; or (c) in the case of e-mail notices to you, upon PERI’s receipt of your express acknowledgement of receipt of email transmission.
17. Language
The parties to these Terms of Use have expressly requested and required that these Terms of Use, and all other related documents, be drawn up in the English language. Les parties convenient et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
If you have any questions regarding these Terms of Use, please contact us at info.myperi@peri.ca.