Certa Pro Painters Ltd.
Canadian Website and Mobile App Terms of Use
Last updated: February 20, 2024
I. Acceptance of Terms
These Terms of Use (the “Terms”) govern your access or use of Certa Pro Painters Ltd.’s (“we,” “us,” or “our”) website located at https://certapro.ca/ (the “Website”) and any of our mobile apps (each, an “App”). Please read these Terms carefully before use of the Website or an App, as these Terms constitute a legal agreement between you and Certa Pro Painters Ltd. governing your access and use of the Website and any Apps (the Website and the Apps, and all services made available by or through or provided in connection with the Website or the Apps, are collectively the “Platform”). Your use of any of the Platform will be deemed to be your acceptance of these Terms. If you do not agree with these Terms, do not use any of the Platform.
II. Intellectual Property Rights
Definitions. For purposes of these Terms: (i) “Content” means text, photographs, graphics, images, videos, logos, data, software, music, audio, works of authorship of any kind, information and any other material; and (ii) “User Content” means any Content that users of the Platform (including you) may create, generate, upload, post, store, display or otherwise make available in connection with the Platform; and (iii) “Certa Pro Painters Ltd. Content” means any Content, other than User Content, that Certa Pro Painters Ltd. may create, generate, upload, post, store, display or otherwise make available in connection with the Platform, including Certa Pro Painters Ltd. trademarks, service marks and copyrights, whether owned by or licensed to Certa Pro Painters Ltd.
License Granted by Certa Pro Painters Ltd. Subject to your compliance with these Terms, Certa Pro Painters Ltd. grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and use the Platform and to access and use the Content solely in connection with your permitted use of the Platform, and solely for your personal and non-commercial purposes.
All Other Rights Reserved. Certa Pro Painters Ltd. expressly reserves all intellectual property rights in the Certa Pro Painters Ltd. Content and the Platform. Other than the limited license granted in the previous paragraph, nothing contained within the Platform grants or should be construed as granting any license or right to use the Certa Pro Painters Ltd. Content or the Platform for any purpose without the express written consent of Certa Pro Painters Ltd.
III. Ownership, Responsibility, and Removal
Our Content Ownership. Certa Pro Painters Ltd. does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Certa Pro Painters Ltd. and its licensors exclusively own all right, title and interest in and to the Platform and Certa Pro Painters Ltd. Content, including all associated intellectual property rights. You acknowledge that the Platform and Certa Pro Painters Ltd. Content are protected by copyright, trademark, and other laws of Canada, the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Certa Pro Painters Ltd. Content.
Rights in User Content Provided by You. By making any User Content available through the Platform, you hereby grant to Certa Pro Painters Ltd. a non-exclusive, irrevocable, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute, publicly display and publicly perform your User Content in connection with the operation of the Platform.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use or the provision of your User Content through the Platform, nor any use of your User Content by Certa Pro Painters Ltd. on or through the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. User Content may continue to exist on the Platform. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
IV. Prohibited Activities
Prohibited Use of the Platform. You may use the Platform only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you may not use the Platform directly or indirectly:
to violate any applicable law or regulation; to infringe the rights of any third party, including without limitation, intellectual property, privacy, or contractual rights;
for any purpose that is unlawful or prohibited by these Terms;
to cause harm or damage to any person or entity;
to disable, overly burden, impair or otherwise interfere with the proper operation of the Platform;
to attempt to gain unauthorized access to the Platform;
to use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code;
to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, threatening, obscene or otherwise objectionable material (as determined by Certa Pro Painters Ltd. in its sole discretion); or
to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Platform any data, information, pictures, videos, music or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) is false, intentionally misleading, or impersonates any other person; (iii) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; or (iv) is harmful to minors in any way or targeted at minors.
Additional Prohibited Activities. You agree that you will not, directly or indirectly, and will not permit any third party to, directly or indirectly, in any manner whatsoever:
use, copy, broadcast, distribute, upload, post or share any Certa Pro Painters Ltd. Content or any part of the Platform in any way except in connection with the permitted uses of the Platform; rent, lease, loan, license or sublicense any of the Certa Pro Painters Ltd. Content or the Platform or permit any third party to access any Certa Pro Painters Ltd. Content or the Platform, in any manner whatsoever;
modify, enhance, create adaptations or derivative works of any of the Certa Pro Painters Ltd. Content or the Platform;
assign these Terms or otherwise transfer any App to any third party;
disassemble, decompile, reverse engineer or otherwise attempt to generate any source code for any of the Platform;
permit any Certa Pro Painters Ltd. Content or any of the Platform to be used for the benefit of any third party; or
use any of the Certa Pro Painters Ltd. Content or the Platform except as authorized herein and only as described in any associated documentation.
Service-Bureau Services. You may not use or permit the use of any of the Platform for the benefit of any third party, including without limitation, to provide service-bureau, software rental, subscription service, time-sharing, outsourcing, application service provider or any other type of services for the benefit of any third party.
Compliance with Laws. You acknowledge that you are solely responsible for compliance with all applicable laws and regulations concerning your use of the Platform.
V. Third-Party Websites
The Platform may contain links to other websites or resources. These links are for your convenience only and are not under our control and are not subject to Certa Pro Painters Ltd.’s Privacy Policy located at https://certapro.ca/privacy-policy/ (the “Privacy Policy”). We recommend that you check the privacy policies of each such website to determine how your information will be used.
VI. Privacy
All personal information we collect through the Platform is subject to our Privacy Policy. For a detailed description of Certa Pro Painters Ltd.’s privacy practices, please see our Privacy Policy.
By using the Platform, you consent to all actions taken by Certa Pro Painters Ltd. with respect to your personal information in compliance with the Privacy Policy. You hereby authorize (and hereby represent that you have the authority to authorize) Certa Pro Painters Ltd. to conduct all activities as contemplated in these Terms including, without limitation, storing, reproducing, processing and other handling of the personal information and the use, disclosure and transmission of the same pursuant to and in connection with the activities contemplated in these Terms and the documentation associated with the Platform and all tasks, duties and activities reasonably ancillary thereto.
VII. Disclaimers
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE PLATFORM AND CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND CERTA PRO PAINTERS LTD. DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT MAY OTHERWISE ARISE UNDER STATUTE.
CERTA PRO PAINTERS LTD. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE, THE PLATFORM OR THE CONTENT.
ANY CONTENT VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, OR USE OF THE PLATFORM. INFORMATION PUBLISHED THROUGH THE PLATFORM MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE OR PERMITTED IN YOUR JURISDICTION.
VIII. Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT WILL CERTA PRO PAINTERS LTD. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, ANTICIPATED SAVINGS OR DATA OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PLATFORM OR ANY CONTENT, ANY WEBSITES LINKED TO FROM THE PLATFORM, OR THE MATERIALS OR INFORMATION OR SERVICES OR PRODUCTS OBTAINED FROM OR THROUGH ANY SUCH WEBSITES OR ARISING IN CONNECTION WITH ANY PRIVACY OBLIGATION WE MAY HAVE, WHETHER STATUTORY OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, MATERIALS, INFORMATION FROM THE PLATFORM RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
IN ALL CIRCUMSTANCES, CERTA PRO PAINTERS LTD.’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PLATFORM, ITS CONTENT OR LINKS OR IN CONNECTION WITH ANY PRIVACY OBLIGATIONS SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE PLATFORM OR CAD$10.00, WHICHEVER IS HIGHER.
IX. Governing Law and Jurisdiction
These Terms shall be construed under the laws of the Province of Ontario, which shall control without regard to its conflict of laws provisions. Any action arising out of or relating to these Terms shall be commenced and concluded only in the courts of Province of Ontario.
X. Termination
Certa Pro Painters Ltd., in its sole discretion, may terminate or restrict your use or access to the Platform for any reason, including, without limitation, if Certa Pro Painters Ltd. believes you have violated or acted inconsistently with these Terms. Upon any termination, discontinuation, or cancellation of the Platform, the following provisions of these Terms will survive: Sections II, IV, VIII, IX, X and XIV.
XI. Waiver
Certa Pro Painters Ltd.’s failure to enforce any portion of the Terms shall not constitute a waiver of any of its rights under these Terms.
XII. Severability
In the event that any provision or part of any provision in these Terms is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision or portion thereof shall be severed from these Terms and all other provisions of these Terms will remain in full force and effect.
XIII. Indemnification
EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CERTA PRO PAINTERS LTD. AND ITS PRESENT AND FORMER OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, DIRECTORS, FRANCHISEES, AGENTS, SERVANTS, REPRESENTATIVES, PARENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE PLATFORM IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE ANY APPLICABLE LAW OR THESE TERMS.
XIV. Delays and Accessibility
The Platform may be subject to limitations, delays, failures or other problems associated with the use of the Internet and electronic communications. From time to time, we may restrict access to all or some parts of the Platform. Certa Pro Painters Ltd. is not liable if the Platform is unavailable at any time for any reason.
XV. Changes to Terms
From time to time, we may change these Terms to accommodate new technologies, industry practices, regulatory requirements or for other purposes in our sole discretion. You are advised to check the Terms regularly, as continued use is deemed to be approval of and consent to all such changes.
XVI. Changes to the Platform
We may update the Platform and Content available through the Platform from time to time, but its Content is not necessarily complete or up-to-date. The Platform and its Content may be out of date, and Certa Pro Painters Ltd. makes no commitment to update the Platform and its Content.
XVII. Entire Agreement
These Terms constitute the entire integrated and exclusive agreement between you and Certa Pro Painters Ltd. with respect to the Platform and the relationship of the parties arising in connection with the Platform and supersede all prior understandings, agreements, representations and warranties, both written and oral, with respect to the same.
XVIII. Comments and Questions
If you have a comment or question about these Terms, please contact us at support@certapro.com.
Last Modified: February 20, 2025.
